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|
STEAM® SUBSCRIBER AGREEMENT
Table of contents:
1. Registration as a subscriber; application of terms to you; your
account
2. Licences
3. Billing, payment and other subscriptions
4. Online conduct, cheating and illegal behavior
5. Third party content
6. User generated content
7. Disclaimers; limitation of liability; no guarantees; limited
warranty
8. Amendments to this agreement
9. Term and termination
10. Applicable law/jurisdiction
11. Dispute resolution/binding arbitration/class action waiver
12. Miscellaneous
This Steam Subscriber Agreement ("Agreement") is a legal document that
explains your rights and obligations as a subscriber of Steam from Valve
Corporation (“Valve”). Please read it carefully.
SECTION 11 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION
WAIVER. IT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT. IF YOU ARE A
CUSTOMER WITH RESIDENCE IN THE EUROPEAN UNION, SECTION 11 DOES NOT APPLY
TO YOU.
1. REGISTRATION AS A SUBSCRIBER; APPLICATION OF TERMS TO YOU; YOUR ACCOUNT
Steam is an online service offered by Valve.
You become a subscriber of Steam ("Subscriber") by completing the
registration of a Steam user account. This Agreement takes effect as soon
as you indicate your acceptance of these terms. You may not become a
subscriber if you are under the age of 13. Steam is not intended for
children under 13 and Valve will not knowingly collect personal
information from children under the age of 13.
A. Contracting Party
For any interaction with Steam your contractual relationship is with
Valve. Except as otherwise indicated at the time of the transaction (such
as in the case of purchases from another Subscriber in a Subscription
Marketplace), any transactions for Subscriptions (as defined below) you
make on Steam are being made from Valve.
B. Subscriptions; Content and Services
As a Subscriber you may obtain access to certain services, software and
content available to Subscribers. The Steam client software and any other
software, content, and updates you download or access via Steam, including
but not limited to Valve or third-party video games and in-game content,
and any virtual items you trade, sell or purchase in a Steam Subscription
Marketplace are referred to in this Agreement as “Content and Services”;
the rights to access and/or use any Contents and Services accessible
through Steam are referred to in this Agreement as "Subscriptions."
Each Subscription allows you to access particular Content and Services.
Some Subscriptions may impose additional terms specific to that
Subscription ("Subscription Terms") (for example, an end user license
agreement specific to a particular game, or terms of use specific to a
particular product or feature of Steam). Also, additional terms (for
example, payment and billing procedures) may be posted on
http://www.steampowered.com or within the Steam service ("Rules of
Use"). Rules of Use include the Steam Online Conduct Rules
http://steampowered.com/index.php?area=online_conduct and the Steam
Refund Policy http://store.steampowered.com/steam_refunds. The
Subscription Terms, the Rules of Use, the Valve video policy (see Section
2.D below) and the Valve Privacy Policy (which can be found at
http://www.valvesoftware.com/privacy.htm) are binding on you once you
indicate your acceptance of them or of this Agreement, or otherwise become
bound by them as described in Section 8 (Amendments to this Agreement).
C. Your Account
When you complete Steam’s registration process, you create a Steam account
("Account"). Your Account may also include billing information you provide
to Valve for the purchase of Subscriptions, Content and Services and any
physical merchandise offered for purchase through Steam (“Hardware”). You
may not reveal, share or otherwise allow others to use your password or
Account except as otherwise specifically authorized by Valve. You are
responsible for the confidentiality of your login and password and for the
security of your computer system. Valve is not responsible for the use of
your password and Account or for all of the communication and activity on
Steam that results from use of your login name and password by you, by any
person to whom you may have intentionally or by negligence disclosed your
login and/or password in violation of this confidentiality provision.
Unless it results from Valve’s negligence or fault, Valve is not
responsible for the use of your Account by a person who fraudulently used
your login and password without your permission. If you believe that the
confidentiality of your login and/or password may have been compromised,
you must notify Valve via the support form
(https://support.steampowered.com/newticket.php) without any delay.
Your Account, including any information pertaining to it (e.g.: contact
information, billing information, Account history and Subscriptions,
etc.), is strictly personal. You may therefore not sell or charge others
for the right to use your Account, or otherwise transfer your Account, nor
may you sell, charge others for the right to use, or transfer any
Subscriptions other than if and as expressly permitted by this Agreement
(including any Subscription Terms or Rules of Use) or as otherwise
specifically permitted by Valve.
D. Payment Processing
Payment processing related to Content and Services and/or physical goods
purchased on Steam is performed by either Valve Corporation directly or by
Valve’s fully owned subsidiary Valve GmbH on behalf of Valve Corporation
depending on the type of payment method used. If your card was issued
outside the United States, your payment may be processed via a European
acquirer by Valve GmbH on behalf of Valve Corporation. For any other type
of purchases, payment will be collected by Valve Corporation directly. In
any case, delivery of Content and Services as well as physical goods is
performed by Valve Corporation.
2. LICENSES
A. General Content and Services License
Steam and your Subscription(s) require the automatic download and
installation of Content and Services onto your computer. Valve hereby
grants, and you accept, a non-exclusive license and right, to use the
Content and Services for your personal, non-commercial use (except where
commercial use is expressly allowed herein or in the applicable
Subscription Terms). This license ends upon termination of (a) this
Agreement or (b) a Subscription that includes the license. The Content and
Services are licensed, not sold. Your license confers no title or
ownership in the Content and Services. To make use of the Content and
Services, you must have a Steam Account and you may be required to be
running the Steam client and maintaining a connection to the Internet.
For reasons that include, without limitation, system security, stability,
and multiplayer interoperability, Steam may need to automatically update,
pre-load, create new versions of or otherwise enhance the Content and
Services and accordingly, the system requirements to use the Content and
Services may change over time. You consent to such automatic updating. You
understand that this Agreement (including applicable Subscription Terms)
does not entitle you to future updates, new versions or other enhancements
of the Content and Services associated with a particular Subscription,
although Valve may choose to provide such updates, etc. in its sole
discretion.
B. Beta Software License
Valve may from time to time make software accessible to you via Steam
prior to the general commercial release of such software ("Beta
Software"). You are not required to use Beta Software, but if Valve offers
it, you may elect to use it under the following terms. Beta Software will
be deemed to consist of Content and Services, and each item of Beta
Software provided will be deemed a Subscription for such Beta Software,
with the following provisions specific to Beta Software:
• Your right to use the Beta Software may be limited in time, and may be
subject to additional Subscription Terms;
• Valve or any Valve affiliate may request or require that you provide
suggestions, feedback, or data regarding your use of the Beta
Software, which will be deemed User Generated Content under Section 6
(User Generated Content) below; and
• In addition to the waivers and limitations of liability for all
Software under Section 7 (Disclaimers; Limitations on Liability; No
Guarantees; Limited Warranty) below as applicable, you specifically
acknowledge that Beta Software is only released for testing and
improvement purposes, in particular to provide Valve with feedback on
the quality and usability of said Beta Software, and therefore
contains errors, is not final and may create incompatibilities or
damage to your computer, data, and/or software. If you decide to
install and/or use Beta Software, you shall only use it in compliance
with its purposes, i.e. for testing and improvement purposes and in
any case not on a system or for purposes where the malfunction of the
Beta Software can cause any kind of damage. In particular, maintain
full backups of any system that you choose to install Beta Software
on.
C. License to Use Valve Developer Tools
Your Subscription(s) may include access to various Valve tools that can be
used to create content ("Developer Tools"). Some examples include: the
Valve software development kit (the "SDK") for a version of the computer
game engine known as "Source" (the "Source Engine") and the associated
Valve Hammer editor, The Source® Filmmaker Software, or in-game tools
through which you can edit or create derivative works of a Valve game.
Particular Developer Tools (for example, The Source® Filmmaker Software)
may be distributed with separate Subscription Terms that are different
from the rules set forth in this Section. Otherwise, you may use the
Developer Tools, and you may use, reproduce, publish, perform, display and
distribute any content you create using the Developer Tools, however you
wish, but solely on a non-commercial basis.
If you would like to use the Source Engine SDK or other Valve Developer
Tools for commercial use, please contact Valve at
sourceengine@valvesoftware.com.
D. License to Use Valve Game Content in Fan Art.
Valve appreciates the community of Subscribers that creates fan art, fan
fiction, and audio-visual works that reference Valve games ("Fan Art").
You may incorporate content from Valve games into your Fan Art. Except as
otherwise set forth in this Section or in any Subscription Terms, you may
use, reproduce, publish, perform, display and distribute Fan Art that
incorporates content from Valve games however you wish, but solely on a
non-commercial basis.
If you incorporate any third-party content in any Fan Art, you must be
sure to obtain all necessary rights from the owner of that content.
Commercial use of some Valve game content is permitted via features such
as Steam Workshop or a Steam Subscription Marketplace. Terms applicable to
that use are set forth in Section 3.D. and 6.B. below and in any
Subscription Terms provided for those features.
To view the Valve video policy containing additional terms covering the
use of audio-visual works incorporating Valve intellectual property or
created with The Source® Filmmaker Software, please click here:
http://www.valvesoftware.com/videopolicy.html
E. License to Use Valve Dedicated Server Software
Your Subscription(s) may contain access to the Valve Dedicated Server
Software. If so, you may use the Valve Dedicated Server Software on an
unlimited number of computers for the purpose of hosting online
multiplayer games of Valve products. If you wish to operate the Valve
Dedicated Server Software, you will be solely responsible for procuring
any Internet access, bandwidth, or hardware for such activities and will
bear all costs associated therewith.
F. Ownership of Content and Services
All title, ownership rights and intellectual property rights in and to the
Content and Services and any and all copies thereof, are owned by Valve
and/or its or its affiliates’ licensors. All rights are reserved, except
as expressly stated herein. The Content and Services is protected by
copyright laws, international copyright treaties and conventions and other
laws. The Content and Services contains certain licensed materials and
Valve’s and its affiliates’ licensors may protect their rights in the
event of any violation of this Agreement.
G. Restrictions on Use of Content and Services
You may not use the Content and Services for any purpose other than the
permitted access to Steam and your Subscriptions, and to make personal,
non-commercial use of your Subscriptions, except as otherwise permitted by
this Agreement or applicable Subscription Terms. Except as otherwise
permitted under this Agreement (including any Subscription Terms or Rules
of Use), or under applicable law notwithstanding these restrictions, you
may not, in whole or in part, copy, photocopy, reproduce, publish,
distribute, translate, reverse engineer, derive source code from, modify,
disassemble, decompile, create derivative works based on, or remove any
proprietary notices or labels from the Content and Services or any
software accessed via Steam without the prior consent, in writing, of
Valve.
You are entitled to use the Content and Services for your own personal
use, but you are not entitled to: (i) sell, grant a security interest in
or transfer reproductions of the Content and Services to other parties in
any way, nor to rent, lease or license the Content and Services to others
without the prior written consent of Valve, except to the extent expressly
permitted elsewhere in this Agreement (including any Subscription Terms or
Rules of Use); (ii) host or provide matchmaking services for the Content
and Services or emulate or redirect the communication protocols used by
Valve in any network feature of the Content and Services, through protocol
emulation, tunneling, modifying or adding components to the Content and
Services, use of a utility program or any other techniques now known or
hereafter developed, for any purpose including, but not limited to network
play over the Internet, network play utilizing commercial or
non-commercial gaming networks or as part of content aggregation networks,
websites or services, without the prior written consent of Valve; or (iii)
exploit the Content and Services or any of its parts for any commercial
purpose, except as expressly permitted elsewhere in this Agreement
(including any Subscription Terms or Rules of Use).
3. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS
All charges incurred on Steam, and all purchases made with the Steam
Wallet, are payable in advance and final, except as described in Section 7
below and in the Steam Refund Policy
http://store.steampowered.com/steam_refunds.
A. Payment Authorization
When you provide payment information to Valve or to one of its payment
processors, you represent to Valve that you are the authorized user of the
card, PIN, key or account associated with that payment, and you authorize
Valve to charge your credit card or to process your payment with the
chosen third-party payment processor for any Subscription, Steam Wallet
funds, Hardware or other fees incurred by you. Valve may require you to
provide your address or other information in order to meet their
obligations under applicable tax law.
For Subscriptions purchased based on an agreed usage period, where
recurring payments are made in exchange for continued use (“Recurring
Payment Subscriptions”), by continuing to use the Recurring Payment
Subscription you agree and reaffirm that Valve is authorized to charge
your credit card (or your Steam Wallet, if funded), or to process your
payment with any other applicable third-party payment processor, for any
applicable recurring payment amounts. If you have purchased any Recurring
Payment Subscriptions, you agree to notify Valve promptly of any changes
to your credit card account number, its expiration date and/or your
billing address, or your PayPal or other payment account number, and you
agree to notify Valve promptly if your credit card or PayPal or other
payment account expires or is cancelled for any reason.
If your use of Steam is subject to any type of use or sales tax, then
Valve may also charge you for those taxes, in addition to the Subscription
or other fees published in the Rules of Use. The European Union VAT
(“VAT”) tax amounts collected by Valve reflect VAT due on the value of any
Content and Services, Hardware or Subscription.
You agree that you will not use IP proxying or other methods to disguise
the place of your residence, whether to circumvent geographical
restrictions on game content, to purchase at pricing not applicable to
your geography, or for any other purpose. If you do this, Valve may
terminate your access to your Account.
B. Responsibility for Charges Associated With Your Account
As the Account holder, you are responsible for all charges incurred,
including applicable taxes, and all purchases made by you or anyone that
uses your Account, including your family or friends. If you cancel your
Account, Valve reserves the right to collect fees, surcharges or costs
incurred before cancellation. Any delinquent or unpaid Accounts must be
settled before Valve will allow you to register again.
C. Steam Wallet
Steam may make available an account balance associated with your Account
(the “Steam Wallet”). The Steam Wallet is neither a bank account nor any
kind of payment instrument. It functions as a prepaid balance to purchase
Content and Services. You may place funds in your Steam Wallet up to a
maximum amount determined by Valve, by credit card, prepaid card,
promotional code, or any other payment method accepted by Steam. Within
any twenty-four (24) hour period, the total amount stored in your Steam
Wallet plus the total amount spent out of your Steam Wallet, in the
aggregate, may not exceed US$2,000 or its equivalent in your applicable
local currency -- attempted deposits into your Steam Wallet that exceed
this threshold may not be credited to your Steam Wallet until your
activity falls below this threshold. Valve may change or impose different
Steam Wallet balance and usage limits from time to time.
You will be notified by e-mail of any change to the Steam Wallet balance
and usage limits within sixty (60) days before the entry into force of the
said change. Your continued use of your Steam Account more than thirty
(30) days after the entry into force of the changes, will constitute your
acceptance of the changes. If you don’t agree to the changes, your only
remedy is to terminate your Steam Account or to cease use of your Steam
Wallet. Valve shall not have any obligation to refund any credits
remaining on your Steam Wallet in this case.
You may use Steam Wallet funds to purchase Subscriptions, including by
making in-game purchases where Steam Wallet transactions are enabled, and
Hardware. Funds added to the Steam Wallet are non-refundable and
non-transferable. Steam Wallet funds do not constitute a personal property
right, have no value outside Steam and can only be used to purchase
Subscriptions and related content via Steam (including but not limited to
games and other applications offered through the Steam Store, or in a
Steam Subscription Marketplace) and Hardware. Steam Wallet funds have no
cash value and are not exchangeable for cash. Steam Wallet funds that are
deemed unclaimed property may be turned over to the applicable authority.
D. Trading and Sales of Subscriptions Between Subscribers
Steam may include one or more features or sites that allow Subscribers to
trade, sell or purchase certain types of Subscriptions (for example,
license rights to virtual items) with, to or from other Subscribers
(“Subscription Marketplaces”). An example of a Subscription Marketplace is
the Steam Community Market. By using or participating in Subscription
Marketplaces, you authorize Valve, on its own behalf or as an agent or
licensee of any third-party creator or publisher of the applicable
Subscriptions in your Account, to transfer those Subscriptions from your
Account in order to give effect to any trade or sale you make.
Valve may charge a fee for trades or sales in a Subscription Marketplace.
Any fees will be disclosed to you prior to the completion of the trade or
sale.
If you complete a trade, sale or purchase in a Subscription Marketplace,
you acknowledge and agree that you are responsible for taxes, if any,
which may be due with respect to your transactions, including sales or use
taxes, and for compliance with applicable tax laws. Proceeds from sales
you make in a Subscription Marketplace may be considered income to you for
income tax purposes. You should consult with a tax specialist to determine
your tax liability in connection with your activities in any Subscription
Marketplace.
You understand and acknowledge that Valve may decide to cease operation of
any Subscription Marketplace, change the fees that it charges or change
the terms or features of the Steam Subscription Marketplace. Valve shall
have no liability to you because of any inability to trade Subscriptions
in the Steam Trading Marketplace, including because of discontinuation or
changes in the terms, features or eligibility requirements of any
Subscription Marketplace.
You also understand and acknowledge that Subscriptions traded, sold or
purchased in any Subscription Marketplace are license rights, that you
have no ownership interest in such Subscriptions, and that Valve does not
recognize any transfers of Subscriptions (including transfers by operation
of law) that are made outside of Steam.
E. Retail Purchase
Valve may offer or require a Subscription for purchasers of retail
packaged product versions or OEM versions of Valve products. The "CD-Key"
or "Product Key" accompanying such versions is used to activate your
Subscription.
F. Steam Authorized Resellers
You may purchase a Subscription through an authorized reseller of Valve.
The "Product Key" accompanying such purchase will be used to activate your
Subscription. If you purchase a Subscription from an authorized reseller
of Valve, you agree to direct all questions regarding the Product Key to
that reseller.
G. Free Subscriptions
In some cases, Valve may offer a free Subscription to certain services,
software and content. As with all Subscriptions, you are always
responsible for any Internet service provider, telephone, and other
connection fees that you may incur when using Steam, even when Valve
offers a free Subscription.
H. Third Party Sites
Steam may provide links to other third party sites. Some of these sites
may charge separate fees, which are not included in and are in addition to
any Subscription or other fees that you may pay to Valve. Steam may also
provide access to third-party vendors, who provide content, goods and/or
services on Steam or the Internet. Any separate charges or obligations you
incur in your dealings with these third parties are your responsibility.
Valve makes no representations or warranties, either express or implied,
regarding any third party site. In particular, Valve makes no
representation or warranty that any service or subscription offered via
third-party vendors will not change or be suspended or terminated.
4. ONLINE CONDUCT, CHEATING AND ILLEGAL BEHAVIOR
Your online conduct and interaction with other Subscribers should be
guided by common sense and basic etiquette. They must notably comply with
the Steam Online Conduct rules, to be found at
http://steampowered.com/index.php?area=online_conduct. Depending on
terms of use imposed by third parties who host particular games or other
services, additional requirements may also be provided in the Subscription
Terms applicable to a particular Subscription.
Steam and the Content and Services may include functionality designed to
identify software or hardware processes or functionality that may give a
player an unfair competitive advantage when playing multiplayer versions
of any Content and Services or modifications of Content and Services
(“Cheats”). You agree that you will not create Cheats or assist third
parties in any way to create or use Cheats. You agree that you will not
directly or indirectly disable, circumvent, or otherwise interfere with
the operation of software designed to prevent or report the use of Cheats.
You acknowledge and agree that either Valve or any online multiplayer host
may refuse to allow you to participate in certain online multiplayer games
if you use Cheats in connection with Steam or the Content and Services.
Further, you acknowledge and agree that an online multiplayer host may
report your use of Cheats to Valve, and Valve may communicate your history
of use of Cheats to other online multiplayer hosts. Valve may terminate
your Account or a particular Subscription for any conduct or activity that
is illegal, constitutes a Cheat, or otherwise negatively affects the
enjoyment of Steam by other Subscribers. You acknowledge that Valve is not
required to provide you notice before terminating your Subscription(s)
and/or Account.
You may not use Cheats, automation software (bots), mods, hacks, or any
other unauthorized third-party software, to modify or automate any
Subscription Marketplace process.
5. THIRD PARTY CONTENT
In regard to all Subscriptions, Contents and Services that are not
authored by Valve, Valve does not screen such third party content
available on Steam or through other sources. Valve assumes no
responsibility or liability for such third party content. Some third party
application software is capable of being used by businesses for business
purposes - however, you may only acquire such software via Steam for
private personal use.
6. USER GENERATED CONTENT
A. General Provisions
Steam provides interfaces and tools for you to be able to generate content
and make it available to other users and/or to Valve at your sole
discretion. "User Generated Content" means any content you make available
to other users through your use of multi-user features of Steam, or to
Valve or its affiliates through your use of the Content and Services or
otherwise.
When you upload your content to Steam to make it available to other users
and/or to Valve, you grant Valve and its affiliates the worldwide,
non-exclusive, right to use, reproduce, modify, create derivative works
from, distribute, transmit, transcode, translate, broadcast, and otherwise
communicate, and publicly display and publicly perform, your User
Generated Content, and derivative works of your User Generated Content,
for the purpose of the operation, distribution and promotion of the Steam
service, Steam games or other Steam offerings. This license is granted to
Valve as the content is uploaded on Steam for the entire duration of the
intellectual property rights. It may be terminated if Valve is in breach
of the license and has not cured such breach within fourteen (14) days
from receiving notice from you sent to the attention of the Valve Legal
Department at the applicable Valve address noted on this Privacy
Policy page. The termination of said license does not affect the rights of
any sub-licensees pursuant to any sub-license granted by Valve prior to
termination of the license. Valve is the sole owner of the derivative
works created by Valve from your Content, and is therefore entitled to
grant licenses on these derivative works. If you use Valve cloud storage,
you grant us a license to store your information as part of that service.
Valve may place limits on the amount of storage you may use.
If you provide Valve with any feedback or suggestions about Steam, the
Content and Services, or any Valve products or services, Valve is free to
use the feedback or suggestions however it chooses, without any obligation
to account to you.
B. Content Uploaded to the Steam Workshop
Some games or applications available on Steam ("Workshop-Enabled Apps")
allow you to create User Generated Content based on or using the
Workshop-Enabled App, and to submit that User Generated Content (a
“Workshop Contribution”) to one or more Steam Workshop web pages. Workshop
Contributions can be viewed by the Steam community, and for some
categories of Workshop Contributions users may be able to interact with,
download or purchase the Workshop Contribution. In some cases, Workshop
Contributions may be considered for incorporation by Valve or a
third-party developer into a game or into a Subscription Marketplace.
You understand and agree that Valve is not obligated to use, distribute,
or continue to distribute copies of any Workshop Contribution and reserves
the right, but not the obligation, to restrict or remove Workshop
Contributions for any reason.
Specific Workshop-Enabled Apps or Workshop web pages may contain special
terms (“App-Specific Terms”) that supplement or change the terms set out
in this Section. In particular, where Workshop Contributions are
distributed for a fee, App-Specific Terms will address how revenue may be
shared. Unless otherwise specified in App-Specific Terms (if any), the
following general rules apply to Workshop Contributions.
• Workshop Contributions are Subscriptions, and therefore you agree that
any Subscriber receiving distribution of your Workshop Contribution
will have the same rights to use your Workshop Contribution (and will
be subject to the same restrictions) as are set out in this Agreement
for any other Subscriptions.
• Notwithstanding the license described in Section 6.A., Valve will only
have the right to modify or create derivative works from your Workshop
Contribution in the following cases: (a) Valve may make modifications
necessary to make your Contribution compatible with Steam and the
Workshop functionality or user interface, and (b) Valve or the
applicable developer may make modifications to Workshop Contributions
that are accepted for in-Application distribution as it deems
necessary or desirable to enhance gameplay.
• You may, in your sole discretion, choose to remove a Workshop
Contribution from the applicable Workshop pages. If you do so, Valve
will no longer have the right to use, distribute, transmit,
communicate, publicly display or publicly perform the Workshop
Contribution, except that (a) Valve may continue to exercise these
rights for any Workshop Contribution that is accepted for distribution
in-game or distributed in a manner that allows it to be used in-game,
and (b) your removal will not affect the rights of any Subscriber who
has already obtained access to a copy of the Workshop Contribution.
Except where otherwise provided in App-Specific Terms, you agree that
Valve’s consideration of your Workshop Contribution is your full
compensation, and you are not entitled to any other rights or compensation
in connection with the rights granted to Valve and to other Subscribers.
C. Promotions and Endorsements
If you use Steam services (e.g. the Steam Curators’ Lists or the Steam
Broadcasting service) to promote or endorse a product, service or event in
return for any kind of consideration from a third party (including
non-monetary rewards such as free games), you must clearly indicate the
source of such consideration to your audience.
D. Representations and Warranties
You represent and warrant to us that you have sufficient rights in all
User Generated Content to grant Valve and other affected parties the
licenses described under A. and B. above or in any license terms specific
to the applicable Workshop-Enabled App or Workshop page. This includes,
without limitation, any kind of intellectual property rights or other
proprietary or personal rights affected by or included in the User
Generated Content. In particular, with respect to Workshop Contributions,
you represent and warrant that the Workshop Contribution was originally
created by you (or, with respect to a Workshop Contribution to which
others contributed besides you, by you and the other contributors, and in
such case that you have the right to submit such Workshop Contribution on
behalf of those other contributors).
You furthermore represent and warrant that the User Generated Content,
your submission of that Content, and your granting of rights in that
Content does not violate any applicable contract, law or regulation.
7. DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES; LIMITED WARRANTY
THIS SECTION 7 DOES NOT APPLY TO EU SUBSCRIBERS.
• FOR NEW ZEALAND SUBSCRIBERS, THIS SECTION 7 DOES NOT EXCLUDE, RESTRICT
OR MODIFY THE APPLICATION OF ANY RIGHT OR REMEDY THAT CANNOT BE SO
EXCLUDED, RESTRICTED OR MODIFIED INCLUDING THOSE CONFERRED BY THE NEW
ZEALAND CONSUMER GUARANTEES ACT 1993. UNDER THIS ACT ARE GUARANTEES
WHICH INCLUDE THAT GOODS AND SERVICES ARE OF ACCEPTABLE QUALITY. IF
THIS GUARANTEE IS NOT MET THERE ARE ENTITLEMENTS TO HAVE THE SOFTWARE
REMEDIED (WHICH MAY INCLUDE REPAIR, REPLACEMENT OR REFUND). IF A
REMEDY CANNOT BE PROVIDED OR THE FAILURE IS OF A SUBSTANTIAL
CHARACTER, THE ACT PROVIDES FOR A REFUND.
Prior to acquiring a Subscription, you should consult the product
information made available on Steam, including Subscription description,
minimum technical requirements, and user reviews.
A. DISCLAIMERS
VALVE AND ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY DISCLAIM (I) ANY
WARRANTY FOR STEAM, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, AND
(II) ANY COMMON LAW DUTIES WITH REGARD TO STEAM, THE CONTENT AND SERVICES,
AND THE SUBSCRIPTIONS, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF
WORKMANLIKE EFFORT. STEAM, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS,
AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED
IN SECTION 2-312 OF THE UNITED STATES UNIFORM COMMERCIAL CODE AND/OR IN
ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. ALSO, THERE IS
NO WARRANTY OF TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY
IN CONNECTION WITH STEAM, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, OR
INFORMATION AVAILABLE IN CONNECTION THEREWITH.
ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF
THE UNITED STATES UNIFORM COMMERCIAL CODE IS EXPRESSLY DISCLAIMED.
B. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VALVE, ITS
LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF VALVE’S SERVICE PROVIDERS,
SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM
THE USE OR INABILITY TO USE STEAM, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND
THE CONTENT AND SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL VALVE BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
STEAM, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION
AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE
CONTENT AND SERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT
OF VALVE’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, OR BREACH OF VALVE’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY
EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES OR JURISDICTIONS, EACH OF VALVE, ITS LICENSORS, AND ITS AFFILIATES’
LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
C. NO GUARANTEES
NEITHER VALVE NOR ITS AFFILIATES GUARANTEE CONTINUOUS, ERROR-FREE,
VIRUS-FREE OR SECURE OPERATION AND ACCESS TO STEAM, THE CONTENT AND
SERVICES, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTIONS(S) OR ANY INFORMATION
AVAILABLE IN CONNECTION THEREWITH.
D. LIMITED WARRANTY
CERTAIN HARDWARE PURCHASED FROM VALVE IS SUBJECT TO A LIMITED WARRANTY,
[OR DEPENDING ON YOUR LOCATION, A STATUTORY WARRANTY] WHICH IS DESCRIBED
IN DETAIL HERE.
8. AMENDMENTS TO THIS AGREEMENT
PLEASE NOTE: If you are a consumer with place of residence in Germany, a
different version of Section 8 applies to you, which is available
here.
This Agreement may at any time be mutually amended by your explicit
consent to changes proposed by Valve. Furthermore, Valve may amend this
Agreement (including any Subscription Terms or Rules of Use) unilaterally
at any time in its sole discretion. In this case, you will be notified by
e-mail of any amendment to this Agreement made by Valve within 60 (sixty)
days before the entry into force of the said amendment. You can view the
Agreement at any time at http://www.steampowered.com/. Your failure
to cancel your Account within thirty (30) days after the entry into force
of the amendments, will constitute your acceptance of the amended terms.
If you don’t agree to the amendments or to any of the terms in this
Agreement, your only remedy is to cancel your Account or to cease use of
the affected Subscription(s). Valve shall not have any obligation to
refund any fees that may have accrued to your Account before cancellation
of your Account or cessation of use of any Subscription, nor shall Valve
have any obligation to prorate any fees in such circumstances.
9. TERM AND TERMINATION
A. Term
The term of this Agreement (the "Term") commences on the date you first
indicate your acceptance of these terms, and will continue in effect until
otherwise terminated in accordance with this Agreement.
B. Termination by You
You may cancel your Account at any time. You may cease use of a
Subscription at any time or, if you choose, you may request that Valve
terminate your access to a Subscription. However, Subscriptions are not
transferable, and even if your access to a Subscription for a particular
game or application is terminated, the original activation key will not be
able to be registered to any other account, even if the Subscription was
obtained in a retail store. Access to Subscriptions purchased as a part of
a pack or bundle cannot be terminated individually, termination of access
to one game within the bundle will result in termination of access to all
games purchased in the pack. Your cancellation of an Account, or your
cessation of use of any Subscription or request that access to a
Subscription be terminated, will not entitle you to any refund, including
of any Subscription fees. Valve reserves the right to collect fees,
surcharges or costs incurred prior to the cancellation of your Account or
termination of your access to a particular Subscription. In addition, you
are responsible for any charges incurred to third-party vendors or content
providers before your cancellation.
C. Termination by Valve
Valve may cancel your Account or any particular Subscription(s) at any
time in the event that (a) Valve ceases providing such Subscriptions to
similarly situated Subscribers generally, or (b) you breach any terms of
this Agreement (including any Subscription Terms or Rules of Use). In the
event that your Account or a particular Subscription is terminated or
cancelled by Valve for a violation of this Agreement or improper or
illegal activity, no refund, including of any Subscription fees or of any
unused funds in your Steam Wallet, will be granted.
D. Survival of Terms
Sections 2(C), 2(D), 2(F), 2(G), 3(A), 3(B), 3(D), 3(H), and 5 - 12 will
survive any expiration or termination of this Agreement.
10. APPLICABLE LAW/JURISDICTION
For All Customers Outside the European Union:
You agree that this Agreement shall be deemed to have been made and
executed in the State of Washington, U.S.A., and any dispute arising
hereunder shall be resolved in accordance with the law of Washington
excluding the law of conflicts and the Convention on Contracts for the
International Sale of Goods. Subject to Section 11 (Dispute
Resolution/Binding Arbitration/Class Action Waiver) below, you agree that
any claim asserted in any legal proceeding by you against Valve shall be
commenced and maintained exclusively in any state or federal court located
in King County, Washington, having subject matter jurisdiction with
respect to the dispute between the parties and you hereby consent to the
exclusive jurisdiction of such courts. In any dispute arising under this
Agreement, the prevailing party will be entitled to attorneys’ fees and
expenses.
For EU Customers:
In the event of a dispute relating to the interpretation, the performance
or the validity of the Subscriber Agreement, an amicable solution will be
sought before any legal action. You can file your complaint at
http://help.steampowered.com. In case of failure, you may, within one
year of the failed request, file an online complaint on the European
Commission’s Online Dispute Resolution website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage,
or on the European Consumer Center’s website:
http://www.europe-consommateurs.eu/index.php?id=2514.
In the event that out-of-court dispute resolutions fail, the dispute may
be brought before the competent courts.
11. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER
This Section 11 shall apply to the maximum extent permitted by applicable
law. If the laws of your jurisdiction prohibit the application of some or
all of the provisions of this Section notwithstanding Section 10
(Applicable Law/Jurisdiction), such provisions will not apply to you. IN
PARTICULAR, IF YOU LIVE IN THE EUROPEAN UNION, THIS SECTION 11 DOES NOT
APPLY TO YOU.
Most user concerns can be resolved by use of our Steam support site at
https://support.steampowered.com/. If Valve is unable to resolve your
concerns and a dispute remains between you and Valve, this Section
explains how the parties have agreed to resolve it.
YOU AND VALVE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN
INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY
CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP
BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF STEAM, YOUR ACCOUNT
OR THE CONTENT AND SERVICES. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS
ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION,
MISREPRESENTATION OR ANY OTHER LEGAL THEORY.
However, this Section does not apply to the following types of claims or
disputes, which you or Valve may bring in any court with jurisdiction: (i)
claims of infringement or other misuse of intellectual property rights,
including such claims seeking injunctive relief; and (ii) claims related
to or arising from any alleged unauthorized use, piracy or theft.
This Section does not prevent you from bringing your dispute to the
attention of any federal, state, or local government agencies that can, if
the law allows, seek relief from us for you.
An arbitration is a proceeding before a neutral arbitrator, instead of
before a judge or jury. Arbitration is less formal than a lawsuit in
court, and provides more limited discovery. It follows different rules
than court proceedings, and is subject to very limited review by courts.
The arbitrator will issue a written decision and provide a statement of
reasons if requested by either party. YOU UNDERSTAND THAT YOU AND VALVE
ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE
OR JURY.
You and Valve agree to make reasonable, good faith efforts to informally
resolve any dispute before initiating arbitration. A party who intends to
seek arbitration must first send the other a written notice that describes
the nature and basis of the claim or dispute and sets forth the relief
sought. If you and Valve do not reach an agreement to resolve that claim
or dispute within 30 days after the notice is received, you or Valve may
commence an arbitration. Written notice to Valve must be sent via postal
mail to: ATTN: Arbitration Notice, Valve Corporation, P.O. Box 1688,
Bellevue, WA 98004.
The Federal Arbitration Act applies to this Section. The arbitration will
be governed by the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”) and, where applicable, the AAA’s
Supplementary Procedures for Consumer Related Disputes, as modified by
this Agreement, both of which are available at http://www.adr.org.
The arbitrator is bound by the terms of this Agreement.
The AAA will administer the arbitration. It may be conducted through the
submission of documents, by phone, or in person in the county where you
live or at another mutually agreed location.
If you seek $10,000 or less, Valve agrees to reimburse your filing fee and
your share of the arbitration costs, including your share of arbitrator
compensation, at the conclusion of the proceeding, unless the arbitrator
determines your claims are frivolous or costs are unreasonable as
determined by the arbitrator. Valve agrees not to seek its attorneys’ fees
or costs in arbitration unless the arbitrator determines your claims are
frivolous or costs are unreasonable as determined by the arbitrator. If
you seek more than $10,000, the arbitration costs, including arbitrator
compensation, will be split between you and Valve according to the AAA
Commercial Arbitration Rules and the AAA’s Supplementary Procedures for
Consumer Related Disputes, if applicable.
YOU AND VALVE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR
REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE
ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE.
THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY
SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM.
You and Valve also agree not to seek to combine any action or arbitration
with any other action or arbitration without the consent of all parties to
this Agreement and all other actions or arbitrations.
If the agreement in this Section not to bring or participate in a class or
representative action, private attorney general action or collective
arbitration should be found illegal or unenforceable, you and Valve agree
that it shall not be severable, that this entire Section shall be
unenforceable and any claim or dispute would be resolved in court and not
in collective arbitration.
Notwithstanding this Section, you have the right to litigate any dispute
in small claims court, if all the requirements of the small claims court,
including any limitations on jurisdiction and the amount at issue in the
dispute, are satisfied.
12. MISCELLANEOUS
Except as otherwise expressly set forth in this Agreement, in the event
that any provision of this Agreement shall be held by a court or other
tribunal of competent jurisdiction to be unenforceable, such provision
will be enforced to the maximum extent permissible and the remaining
portions of this Agreement shall remain in full force and effect. This
Agreement, including any Subscription Terms, Rules of Use, the Valve
Privacy Policy, and the Valve Hardware Warranty Policy, constitutes and
contains the entire agreement between the parties with respect to the
subject matter hereof and supersedes any prior oral or written agreements.
You agree that this Agreement is not intended to confer and does not
confer any rights or remedies upon any person other than the parties to
this Agreement.
Valve’s obligations are subject to existing laws and legal process and
Valve may comply with law enforcement or regulatory requests or
requirements notwithstanding any contrary term.
You agree to comply with all applicable import/export laws and
regulations. You agree not to export the Content and Services or Hardware
or allow use of your Account by individuals of any terrorist supporting
countries to which encryption exports are at the time of exportation
restricted by the U.S. Bureau of Export Administration. You represent and
warrant that you are not located in, under the control of, or a national
or resident of any such prohibited country.
This Agreement was last updated on August 31st, 2017 ("Revision Date"). If
you were a Subscriber before the Revision Date, it replaces your existing
agreement with Valve or Valve SARL on the day that you explicitly accept
it. If you prefer to continue using Steam and your existing Subscriptions
under the version of the Agreement in effect prior to the Revision Date,
you are free to do so.
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