Preamble
As customers of Valve Inc. we understand Valves need to make a new contract revising the terms for legal options. After reviewing your contract, and consulting your customer service representatives on the finer details, we cant accept the terms as written and offer an alternative contract for you to consider.
We present this contract, not to represent just ourselves; but those who have already accepted the agreement in poor faith and to address the concerns of future consumers of Valve related products and services.
There is a tacit understanding made between us and Valve that Valve provides a venue for software developers and customers to sell and buy goods respectively with a set of advantages and disadvantages that we agree makes selling and buying on Steam worthwhile. Barring customers for using licenses they purchased under previous contracts because they wont accept a new one with Valve is unconscionable and decaying the value both the developer and customer place in Valves services and platform.
An equally troubling problem is that Valve seeks to revoke our ability to act as a group. The ability to act as a group is a very powerful corrective force that allows people to make better judgements in how to deal with legal matters. It also allows them to better manage the costs in time and money by delegating responsibilities and sharing the burdens of any matter, not just legal.
Valve has long considered itself a good partner for buyers and a patron of positive consumer values. To throwout one of the most important tools in making the lives of their customers more efficient runs counter to past behavior and you need to carefully reconsider how you made such a faulty error in judgement.
All the changes found in this counter-offer is written in caps. To quickly find the changes simple search for the word [change].
To contact us for further negotiation you can *THIS WILL BE FILLED IN ONCE WE HASH OUT CERTAIN DETAILS*
Steam® subscriber agreement
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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.
[change]UPON CANCELLING YOUR ACCOUNT YOU STILL RETAIN ACCESS TO SOFTWARE PURCHASED FROM VALVE FROM STEAM BUT ARENT GIVEN ACCESS TO ANY OF VALVE RELATED SERVICES AND ADDITIONAL SOFTWARE OTHER THAN THE SERVICE NEEDED FOR AUTHENTICATION OF YOUR PREVIOUS PURCHASE.
IF YOU DECLINE TO ACCEPT THE TERMS OF THIS AGREEMENT THIS ISNT CONSIDERED TO BE CANCELLATION. YOU WILL HAVE THE SAME LIMITATIONS AS A CANCELLED ACCOUNT UNTIL YOU AGREE TO THE NEW TERMS YOU HAVE MADE WITH VALVE. [/change]
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.
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12. Dispute resolution/binding arbitration/class action waiver.
Most user concerns can be resolved by use of our steam support site athttps://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 aaas supplementary procedures for consumer related disputes, as modified by this agreement, both of which are available athttp://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 AAAs supplementary procedures for consumer related disputes, if applicable.
[change]YOU AND VALVE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION EVEN IF AAAS PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. YOU MAY BRING OR PARTICPATE IN COLLECTIVE ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL OR COLLECTIVE PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTYS INDIVIDUAL OR COLLECTIVE CLAIM. [/change]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.
[change]IF THE AGREEMENT IN THIS SECTION NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION 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 OR IN COLLECTIVE ARBITRATION.[/change]
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.
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