Party Vibe

Okay, I use steam for some of my games I play, mainly Garry’s mod physics playground. Now because the European high court have ruled that digital copies of games CAN now be sold (as all things that you purchase you have the right to sell). So now steam are trying to work their way around it by getting me to agree t these new terms saying that all of my steam content is now licened to me by steam US not steam UK. They also clarify that I do not own the software but merely own the licence to use the software. If I do not agree to these terms in 19 more days, my steam account will be closed and all my content that I have paid for will be lost forever. Oh and I cannot access any of my games until I agree to this legally binding contract. I’m effectivly locked out from steam. I know allot of you will be shocked to see that I have actually been buying computer games. But since demonoid went down, I have noticed how full of crap torrents pirate bay is. So I decided to go back to steam.

This has made a good few people angry and are being met with a class action lawsuit reguarding this. I mean I’m not gonna take them to court of 20 to 30 quid but I do feel like steam are taking the piss out of us. I’ll show you the contract and post a news report on it too.

STEAM® SUBSCRIBER AGREEMENT

This Steam Subscriber Agreement (“Agreement”) is a legal document that explains your rights and obligations as a Subscriber. Please read it carefully.

If you are a Subscriber whose primary residence is in one of the member countries of the European Union (an “EU Subscriber”), your Subscriber relationship is with, and any purchases you make are being made from, Valve S.a.r.l. (“Valve EU”). For all other Subscribers, your Subscriber relationship is with, and any purchases you make are being made from, Valve Corporation (“Valve US”). Unless otherwise set forth in the below terms, any reference to “Valve” in this Agreement shall mean Valve EU if you are an EU Subscriber, and shall mean Valve US if you are any other Subscriber. Any reference to “Valve” in any Rules of Use or Subscription Terms shall, if and as the context requires, mean Valve S.a.r.l., if you are an EU Subscriber, and will mean Valve Corporation otherwise.

SECTION 12 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT. IF YOU LIVE OUTSIDE OF THE UNITED STATES, SOME OR ALL OF SECTION 12 MIGHT NOT APPLY TO YOU.

1. REGISTRATION AND ACTIVATION.

Steam is an online service (“Steam”) offered by Valve.

You become a subscriber of Steam (“Subscriber”) by installing the Steam client software and completing the Steam registration. This Agreement takes effect as soon as you indicate your acceptance of these terms.

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 in the Steam Trading Marketplace, are referred to in this Agreement as “Software”; the rights to access and/or use any services, software and/or content accessible through Steam are referred to in this Agreement as “Subscriptions.”

Each Subscription allows you to access particular services, software and/or other content. 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, which can be found at http://steampowered.com/index.php?area=online_conduct. The Subscription Terms, the Rules of Use, and the Valve Privacy Policy (which can be found at http://www.valvesoftware.com/privacy.htm) are incorporated into this Agreement, and 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 9 (Amendments to this Agreement).

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. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on Steam that results from use of your login name and password. You may 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).

2. LICENSES

A. License Terms.

Steam and your Subscription(s) require the automatic download and installation of Software onto your computer. Valve hereby grants, and you accept, a limited, terminable, non-exclusive license and right to use the Software for your personal use in accordance with this Agreement, including the Subscription Terms. The Software is licensed, not sold. Your license confers no title or ownership in the Software. To make use of the Software, you must have a Steam Account and you may be required to be running the Steam client and maintaining a connection to the Internet.

You understand that 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 Software and accordingly, the system requirements to use the Software may change over time. You understand that this Agreement (including applicable Subscription Terms) do not entitle you to future updates, new versions or other enhancements of the Software associated with a particular Subscription, although Valve may choose to provide such updates, etc. in its sole discretion.

B. Beta Software Terms

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 be Software, and each item of Beta Software provided will be deemed a Subscription for such Beta Software, with the following provisions specific to Beta Software:

(i) your right to use the Beta Software is effective until the earliest occurrence of one of the following events: (a) Valve ceases to make the Beta Software accessible to you; (b) Valve or one of its affiliates issues a final release of the Software that corresponds to the Beta Software; or (c) Valve terminates your Account or the rights to use the Beta Software pursuant to Section 10 (Term and Termination) below;
(ii) certain Beta Software may be made available to you subject to additional Subscription Terms to which you must agree as a condition of use of the Beta Software;
(iii) 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 Information under Section 6 (User Generated Information) below; and
(iv) in addition to the waivers and limitations of liability for all Software under Section 7 (Disclaimers; Limitations on Liability; No Guarantees) below, you specifically acknowledge that Beta Software 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, it is entirely at your own risk.

C. Mods and Derivative Works.

Your Subscription(s) may include access to the Valve software development kit (the “SDK”) for a version of the computer game engine known as “Source” (the “Source Engine”), or other editing tools through which you can edit or create derivative works of a Valve game or Valve game content (such as, for example, content editors included in Steam Workshop-enabled Valve games, or The Source® Filmmaker Software). Unless otherwise provided in applicable Subscription Terms, you may use the SDK or such other tools only on a non-commercial basis, and solely to develop a modified game for Valve products compatible with and using the Source Engine (a “Mod”) or to create derivative works of Valve game content (such as new levels for games, virtual items, or audio-visual content) based on Valve game assets (“Derivative Works”). Except as expressly set forth in any applicable Subscription Terms, (i) you may reproduce and distribute Mods in object code form, solely to licensed end users of Valve games that are compatible with and using the Source Engine; and (ii) you may reproduce and distribute Derivative Works in object code form, solely to licensed end users of the Valve game from which the Valve Derivative Works were derived. In each case, except as otherwise expressly set forth in any applicable Subscription Terms, such reproduction and distribution right is conditioned upon your making the Mod or Derivative Work publicly available without charge on a non-commercial basis.

If you would like to use the Source SDK or other Valve-provided editing tool, or a Mod or Derivative Work, for a commercial purpose or activity, please contact Valve at sourceengine@valvesoftware.com.

D. 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.

E. Ownership.

All title, ownership rights and intellectual property rights in and to the Software and any and all copies thereof, are owned by Valve US and/or its or its affiliates’ licensors. All rights are reserved, except as expressly stated herein. The Software is protected by copyright laws, international copyright treaties and conventions and other laws. The Software contains certain licensed materials and Valve’s and its affiliates’ licensors may protect their rights in the event of any violation of this Agreement.

F. Restrictions.

You may not use the Software for any purpose other than the permitted access to Steam and your Subscriptions, or as otherwise permitted by the applicable Subscription Terms. Except as otherwise permitted under Section 2(C) (Mods and Derivative Works), or as expressly 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 Software or any software accessed via Steam without the prior consent, in writing, of Valve.

Unless you are a Licensed Cybercafe Operator (as defined below), this Agreement does not allow you to use the Software at a Cybercafe, computer gaming center or any other location-based site. A “Cybercafe” is a physical establishment in which computer stations are made available for use by customers. A “Licensed Cybercafe Operator” is a Cybercafe that has agreed to the Subscription Terms for Licensed Cybercafe Operators posted at http://store.steampowered.com/cybercafe_agreement/.

You are entitled to use the Software for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Software to other parties in any way, nor to rent, lease or license the Software 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 Software or emulate or redirect the communication protocols used by Valve in any network feature of the Software, through protocol emulation, tunneling, modifying or adding components to the Software, 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 Software or any of its parts for any commercial purpose.

3. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS

ALL CHARGES INCURRED ON STEAM, AND ALL PURCHASES MADE WITH THE STEAM WALLET, ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.

IF YOU ARE AN EU SUBSCRIBER YOU HAVE THE RIGHT TO WITHDRAW FROM A PURCHASE TRANSACTION FOR DIGITAL CONTENT WITHOUT CHARGE AND WITHOUT GIVING ANY REASON UNTIL DELIVERY OF SUCH CONTENT HAS STARTED OR PERFORMANCE OF THE SERVICE HAS COMMENCED. YOU DO NOT HAVE A RIGHT TO WITHDRAW FROM A TRANSACTION OR OBTAIN A REFUND ONCE DELIVERY OF THE CONTENT HAS STARTED OR THE PERFORMANCE OF THE SERVICE HAS COMMENCED, AT WHICH POINT YOUR TRANSACTION IS FINAL. YOU AGREE THAT DELIVERY OF DIGITAL CONTENT, AND THE ASSOCIATED SUBSCRIPTION, AND/OR PERFORMANCE OF THE ASSOCIATED SERVICE, COMMENCES AT THE MOMENT THE DIGITAL CONTENT IS ADDED TO YOUR ACCOUNT OR INVENTORY OR OTHERWISE MADE ACCESSIBLE TO YOU FOR DOWNLOAD OR USE.

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, or other fees incurred by you. Valve may require you to provide your address or other information in order to meet Valve’s obligations under applicable tax law.

For Subscriptions purchased based on an agreed usage period, where recurring payments are made in exchange for continued usage, (“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 canceled 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 Software 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, we 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”). 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 $2,000 US 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.

You may use Steam Wallet funds to purchase Subscriptions, including by making in-game purchases where Steam Wallet transactions are enabled. 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 the Steam Trading Marketplace). Steam Wallet funds have no cash value and are not exchangeable for cash. To the maximum extent permitted by applicable law, Steam Wallet funds that are deemed abandoned or unused by law will not be returned or restored.

When your Account uses your Steam Wallet to fund a purchase, you authorize Valve to deduct the amount of the purchase from your Steam Wallet. If you do not have sufficient funds in your Steam Wallet to make a purchase and you have previously entered your credit card information, Valve may automatically charge your credit card a minimum amount determined by Valve to make the purchase, even if such minimum amount exceeds the cost of your purchase. Any difference between the minimum charge and the cost of the purchase will be credited to your Steam Wallet.

D. The Steam Trading Marketplace.

Valve may operate a trading marketplace where certain types of Subscriptions (for example, license rights to virtual items) can be traded between Subscribers (the “Steam Trading Marketplace”). By participating in the Steam Trading Marketplace, you authorize Valve, on its own behalf or as an agent or licensee of any third-party publisher of the applicable Subscriptions in your Account, to transfer those Subscriptions from your Account in order to give effect to any trade you make within the Steam Trading Marketplace.

You understand and acknowledge that Valve may decide to cease operation of the Steam Trading Marketplace, or change the terms or features of the Steam Trading Marketplace, in the future. 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 the Steam Trading Marketplace.

You also understand and acknowledge that Subscriptions traded in the Steam Trading Marketplace are license rights, that you have no ownership interest in such Subscriptions, and that Valve does not recognize any transfers (including transfers by operation of law) of Subscriptions that are made outside of the Steam Trading Marketplace.

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 such 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

You agree that you will be personally responsible for the use of your Account and for all of the communication and activity on Steam that results from use of your Account. Your online conduct and interaction with other Subscribers should be guided by common sense and basic etiquette. Specific requirements may also be found in the Steam Online Conduct rules at http://steampowered.com/index.php?area=online_conduct, other Rules of Use, the Subscription Terms, or in terms of use imposed by third parties who host particular games or other services.

Steam and the Software may include functionality designed to identify software or hardware processes or functionality (“Cheats”) that may give a player an unfair competitive advantage when playing multiplayer versions of any Software or modifications thereof. You agree that you will not create or assist third parties in any way to create 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 Software. 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 for Software. Valve may terminate your Account or a particular Subscription for any conduct or activity that Valve believes is illegal, constitutes a Cheat, or which otherwise negatively affects the enjoyment of Steam by other Subscribers. You acknowledge that Valve is not required to provide you notice before terminating your Subscriptions(s) and/or Account, but it may choose to do so.

5. THIRD PARTY CONTENT

In regard to all Subscriptions, Software, and related content that are not authored by Valve, Valve acts merely as an intermediary service provider. Valve does not screen such third party content available on Steam or through other sources. Valve does not assume any 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 INFORMATION

“User Generated Information” means any information made available to other users through your use of multi-user features of Steam or to Valve or its affiliates through your use of the Software. User Generated Information may include, but is not limited to, chat, forum posts, screen names, game selections, player performances, usage data, suggestions about Valve products or services, and error notifications. Subject to the Valve privacy policy referenced in Section 1 above, as applicable, you expressly grant Valve and its affiliates the complete and irrevocable right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Generated Information and derivative works thereof in any form, anywhere, with or without attribution to you, and without any notice or compensation to you of any kind. For any content for which you take advantage of cloud storage provided by Valve, you grant us a license to store such information for you, and you represent and warrant to us that you have sufficient rights in such content to grant us this license. You acknowledge and agree that we may place limits on the amount of storage you may use.

7. DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES

FOR EU CUSTOMERS, THIS SECTION 7 DOES NOT REDUCE YOUR MANDATORY CONSUMERS’ RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.

A. DISCLAIMERS.

VALVE AND ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY DISCLAIM (I) ANY WARRANTY FOR STEAM, THE SOFTWARE, AND THE SUBSCRIPTIONS, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO STEAM, THE SOFTWARE, AND THE SUBSCRIPTIONS, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. STEAM, THE SOFTWARE, 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 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 SOFTWARE, THE SUBSCRIPTIONS, OR INFORMATION AVAILABLE IN CONNECTION THEREWITH. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

B. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VALVE, ITS LICENSORS, NOR ITS OR 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 SOFTWARE 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, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH STEAM, THE SOFTWARE, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE SOFTWARE, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF VALVE’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF VALVE’S WARRANTY AND EVEN IF VALVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES 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, VALVE, ITS LICENSORS, AND ITS AND THEIR 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 SOFTWARE, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTIONS(S) OR ANY INFORMAITON AVAILABLE IN CONNECTION THEREWITH.

8. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Valve, its licensors, and its and their affiliates from all liabilities, claims and expenses, including attorneys’ fees, that arise from or in connection with breach of this Agreement or the use of Steam or any Subscription, by you or any person(s) using your Account, or from or in connection with any User Generated Information, or the creation, distribution, promotion and use of any Mods or Derivative Works, created or provided by you or any person(s) using your Account. Valve reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Valve in that matter. This Section regarding Indemnification shall survive termination of this Agreement.

9. AMENDMENTS TO THIS AGREEMENT

Valve may amend this Agreement (including any Subscription Terms or Rules of Use) at any time in its sole discretion. If Valve amends the Agreement, such amendment shall be effective thirty (30) days after your receiving notice of the amended Agreement, either via e-mail or as a notification within the Software. You can view the Agreement at any time at http://www.steampowered.com/. Your failure to cancel your Account, or cease use of the Subscription(s) affected by the amendment, within thirty (30) days after receiving notification of the amendment, 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.

10. 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 we 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 game or application was purchased 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 will be removed from the account. 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 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, will be granted.

D. Survival of Terms.

Sections 2(C), 2(E), 2(F), 3(A), 3(B), 3(D), 3(H), and 5 – 13 will survive any expiration or termination of this Agreement. Unused funds in your Steam Wallet are not refundable upon expiration or termination.

11. APPLICABLE LAW/JURISDICTION

For Subscribers other than EU Subscribers:

You agree that this Agreement shall be deemed to have been made and executed in the State of Washington, and any dispute arising hereunder shall be resolved in accordance with the law of Washington. Subject to Section 12 (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 Subscribers:

You agree that this Agreement shall be deemed to have been made and executed in the Grand Duchy of Luxembourg and that it is subject to the laws of Luxembourg, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods (CISG). However, where the laws of Luxembourg provide a lower degree of consumer protection than the laws of your country of residence, the consumer protection laws of your country shall prevail. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

12. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER.

Most user concerns can be resolved by use of our Steam support site at https://support.steampowered.com/. If we are unable to resolve your concerns and a dispute remains between you and Valve, this Section explains how we agree 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 SOFTWARE. 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.

This Section 12 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 11 (Applicable Law/Jurisdiction), such provisions will not apply to you.

13. MISCELLANEOUS

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 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 Software 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.

Be interesting to see how this fairs out.