4. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS.
Valve offers some Subscriptions for free, and some for a Subscription fee. If you must pay a Subscription fee to access part of Steam this information will be posted in the Rules of Use. All fees are stated in U.S. dollars unless otherwise specified. You may subscribe by providing us with a valid payment and billing information. Current Subscription fees and other billing information is available at http://www.steampowered.com
A. Payment by Credit Card.
You must use a credit card to pay for your Subscription(s) or Merchandise. When you provide credit card information to Valve, you represent to Valve that you are the authorized user of the credit card that is used to pay for Merchandise or Subscription or other fees and authorize Valve to charge your credit card for any Merchandise or Subscription or other fees incurred by you. For recurring monthly Subscriptions, each month that you use such Subscription(s), you agree and reaffirm that Valve is authorized to charge your credit card for the Subscription fee. You agree to notify Valve promptly of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to notify Valve promptly if your credit card expires or is canceled for any reason.
B. Charges to Your Credit Card.
YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. Valve reserves the right to change our fees or billing methods at any time and Valve will provide notice of any such change at least thirty (30) days advance. All changes will be posted as amendments to this Agreement or in the Rules of Use and you are responsible for reviewing the billing section of Steam to obtain timely notice of such changes. Your non-cancellation of your Account thirty (30) days after posting of the changes on Steam means that you accept such changes. If any change is unacceptable to you, you may cancel your Account or a particular Subscription at any time as described below, but Valve will not refund any fees that may have accrued to your Account before cancellation of your Account or Subscription, and Valve will not prorate fees for any cancellation. If your use of Steam is subject to any type of use or sales tax, then Valve may also charge you for any such taxes, in addition to the Subscription or other fees published in the Rules of Use.
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. Information on how to cancel your Account or a particular Subscription can be found at http://www.steampowered.com/. Valve reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a particular Subscription. In the event that your Account or a particular subscription is terminated or canceled, no refund, including any Subscription fees, will be granted. Any delinquent or unpaid Accounts must be settled before Valve will allow you to register again.
C. Retail Purchase.
In some cases, Valve may offer a free Subscription to purchasers of retail packaged product versions of Valve products, using the .CD-Key. or .Product Key. accompanying such product to validate your Subscription.
D. Steam Authorized Resellers.
In some cases, you may purchase a Subscription through an authorized reseller of Valve. In such event, the .Product Key. accompanying such purchase will be used to validate and receive access to 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.
E. 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.
F. 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 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.
G. Pricing and Payment for Merchandise.
In addition to the above, the following terms apply to pricing of and payment for Merchandise. The prices for Merchandise displayed on Steam are subject to change at any time without notice. Charges for shipping, handling and tax may not be included in displayed prices for Merchandise but will be displayed during the purchase process. Shipping and handling charges displayed on Steam may or may not reflect the actual charges paid by Valve. All war-risk, marine, or other insurance; harbor charges; tolls; wharfage; demurrage; wharf handling; duties, or warehousing charges are excluded from Merchandise prices displayed on Steam and are your responsibility.
You must pay all applicable sales and use taxes, value added taxes and other taxes levied on you by any taxing authority on any Merchandise purchase in any country where such transactions are otherwise subject to tax, regardless of the method of delivery. Any taxes owed by you: (a) as a result of purchasing Merchandise or the payment of any fee, (ii) are required or permitted to be collected from you by Valve under applicable law, and (iii) are based upon the amounts payable under this Agreement, must be remitted by you to Valve. Failure on Valve.s part to invoice you for any such taxes does not relieve you of the liability to pay such taxes. You will promptly reimburse Valve for all taxes or other charges imposed upon Valve by any national, state or municipal government upon the sale, use, production, or transportation of Merchandise.
5. ONLINE CONDUCT, CHEATING AND ILLEGAL BEHAVIOR.
Steam and the Steam Software 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 Steam Software, other Valve products, or modifications thereof (.Cheats.). 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 Steam 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 Valve products.
Valve may terminate your Account or a particular Subscription for any conduct or activity that Valve believes is illegal, Cheating 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 Subscriptions(s) and/or Account, but it may choose to do so.
6. THIRD PARTY CONTENT.
"Third Party Content" means software and other content provided by third parties, other then Valve, that is designed to work in conjunction with the Steam Software (e.g. mods of Valve game products). Valve does not screen Third Party Content available on Steam or through other sources. You bear the entire risk for any use of Third Party Content including any Third Party Content made available via Steam. Valve does not assume any responsibility or liability for Third Party Content.
7. USER GENERATED INFORMATION.
8. DEDICATED SERVER.
Your Subscription(s) may contain access to the Valve Dedicated Server. You may use the Valve Dedicated Server 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, you will be solely responsible for procuring any Internet access, bandwidth, or hardware for such activities and will bear all costs associated therewith.
9. DISCLAIMERS; LIMITATION OF LIABILITY.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF STEAM, THE STEAM SOFTWARE, AND MERCHANDISE REMAINS WITH YOU, THE USER. VALVE EXPRESSLY DISCLAIMS (I) ANY WARRANTY FOR STEAM, THE STEAM SOFTWARE, AND THE MERCHANDISE, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO STEAM, THE STEAM SOFTWARE, AND THE MERCHANDISE, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. STEAM, THE STEAM SOFTWARE, THE MERCHANDISE, 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(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH STEAM, THE STEAM SOFTWARE, MERCHANDISE OR INFORMATION AVAILABLE IN CONNECTION THEREWITH.
B. NO GUARANTEES.
VALVE DOES NOT GUARANTEE CONTINOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO STEAM, THE STEAM SOFTWARE, YOUR ACCOUNT AND YOUR SUBSCRIPTIONS(S). YOU ASSUME THE ENTIRE RISK WITH RESPECT TO THE PERFORMANCE AND RESULTS OF THE STEAM SOFTWARE IN CONNECTION WITH YOUR HARDWARE.
C. LIMITATION OF LIABILITY.
NEITHER VALVE, ITS LICENSORS, NOR THEIR AFFILIATES 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 STEAM 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, STEAM SOFTWARE, MERCHANDISE THAT YOU ACQUIRE VIA STEAM, ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE MERCHANDISE OR ANY INFORMATION, EVEN IN THE EVENT OF 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.
10. EXCLUSIVE REMEDIES.
A. EXCLUSIVE REMEDY.STEAM AND STEAM SOFTWARE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VALVE WITH REGARD TO STEAM OR THE STEAM SOFTWARE IS TO DISCONTINUE USE OF STEAM AND CANCEL YOUR ACCOUNT. 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 THEIR AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
B. EXCLUSIVE REMEDY.MERCHANDISE.
YOU ACKNOWLEDGE AND AGREE THAT WITH REGARD TO ANY MERCHANDISE YOU PURCHASE VIA STEAM YOUR EXCLUSIVE REMEDY, IN ADDITION TO THE REMEDIES EXPRESSLY SET FORTH IN SECTION 3(C), VALVE MAY INCLUDE IN ITS OPTION THE RIGHT TO PAY TO YOU THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE ON SUCH MERCHANDISE, AS LONG AS THAT AMOUNT DOES NOT EXCEED THE AMOUNT YOU PAID VALVE FOR THE MERCHANDISE GIVING RISE TO THOSE DAMAGES.
You agree to defend, indemnify and hold harmless Valve, its licensors and their affiliates from all liabilities, claims and expenses, including attorneys' fees, that arise from or in connection with breach of this Agreement, use of Steam or any Subscription, or any User Generated Information or Third Party Content, including, but not limited to, the creation, distribution, promotion and use of any Mods, 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.
12. AMENDMENTS TO THIS AGREEMENT.
Valve may amend this Agreement at any time in its sole discretion. As a Subscriber, you agree that Valve may amend the terms of this Agreement. If Valve amends the Agreement, such amendment shall be effective thirty (30) days after posting the new amended Agreement on Steam. You agree to review the Agreement periodically to become aware of such amendments. You can view the Agreement at any time at http://www.steampowered.com/. Your failure to cancel your Account thirty (30) days after an amended Agreement is posted on Steam will mean that you accept all such amendments. 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 a particular Subscription.
13. TERM AND TERMINATION.
Either you or Valve has the right to terminate or cancel your Account or a particular Subscription at any time. You understand and agree that the cancellation of your Account or a particular Subscription is your sole right and remedy with respect to any dispute with Valve.
The term of this Agreement (the .Term.) will be effective as of the date that you click .I Agree. below, and will continue in effect until otherwise terminated in accordance with this Agreement.
B. Termination by You.
Information on how to cancel your Account or a particular Subscription can be found at http://www.steampowered.com/. Valve reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or a particular Subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account or a particular subscription is terminated or canceled by you, no refund, including any Subscription fees, will be granted. 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 any Subscription fees, will be granted.
C. Termination by Valve.
1. In the case of a recurring payment Subscription (e.g., a monthly subscription), in the event that Valve terminates or cancels your Account or a particular Subscription for convenience, Valve may, but is not obligated to, provide a prorated refund of any prepaid Subscription fees paid to Valve.
2. In the case of a one-time purchase of a product license (e.g., purchase of a single game) from Valve, Valve may choose to terminate or cancel your Subscription in its entirety or may terminate or cancel only a portion of the Subscription (e.g., access to the software via Steam) and Valve may, but is not obligated to, provide access (for a limited period of time) to the download of a stand-alone version of the software and content associated with such one-time purchase.
3. In the case of a free Subscription, Valve may choose to terminate or amend the terms of the Subscription as provided in the .Amendments to this Agreement. section above.
D. Survival of Terms.
Sections 2(C), 2(D), 7, 9, 10, 11, 13(D), and 14 will survive any expiration or termination of this Agreement.
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. You agree that any claim asserted in any legal proceeding by you against Valve shall be commenced and maintained in any state or federal court located in King County, Washington, having subject matter jurisdiction with respect to the dispute between the parties. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys. fees and expenses. 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.
Purchases of Merchandise via Steam are not authorized in any jurisdiction that does not give effect to all provisions of 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 of the United States and its governmental and regulatory agencies (including, without limitation, the Bureau of Export Administration and the U.S. Department of Commerce). You agree not to export the Steam Software or allow use of your Account by individuals of any terrorist supporting countries to which encryption exports are restricted by the Bureau of Export Administration, as of October 2004, Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.
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