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Terms of Service:
o  PRIVACY POLICY
   AGREEMENT
o  SUBSCRIBER
   AGREEMENT



                      IPOP303 Policy Primer
                            Simon Godfrey
What is STEAM?



          =      ?
STEAM : is an online platform for distribution
and purchase, multiplayer communication
and DRM developed by VALVe Corp.




  STEAM is accessed via a client which installs
  on the users computer, mac or PS3 console
(VALVe: Software
Developer founded
by ex Microsoft
employees Gabe
Newell and Mike
Harrington, also
developed the
‘source’ engine used
in all subsequent
VALVe games. Steam
has exclusivity of
these games, all of
which are bestsellers)
IN SHORT

o 54,000,000 active user accounts as of 2012
  (Gaming Bolt 2012)

o 70% dominance on digital distribution market
  (Gamasutra 2009)

o Cloud based distribution and account info storage
o Distributes Proprietary Software Licenses
o Steam offers integration of User Generated
  Content with the Steam system (Steam 2012)
WHEN A USER SIGNS UP
o User downloads and installs the client on
  applicable hardware.




Thus agreeing to:
o http://store.steampowered.com/subscriber_agreement/
o http://store.steampowered.com/privacy_agreement/
WHEN A USER SIGNS UP
o Children under the age of 13 are
  encouraged to only sign up with parental
  guidance.
This is not enforced and any child can install Steam without
adult consent. However, a credit card, Steam Wallet or PayPal
account is still needed to purchase games.
WHEN A USER SIGNS UP
o User account information can be changed upon
  request: The user can manipulate the way they are
  represented within the Steam user-base and
  community, at the discretion of Steam.
This means anyone can obtain Steam and assume the identity
of any demographic they choose, unless Steam discovers this
WHEN A USER SIGNS UP
o Habits and behaviours of individual users and
  demographics can be monitored at the discretion of
  Steam and shared to other parties without restriction
Other parties include Law Enforcement, disclosure to
whom is not made clear in the Agreement.
WHEN A USER SIGNS UP
o Habits and behaviours of individual users and
  demographics can be monitored at the discretion of
  Steam and shared to other parties without restriction

This includes hardware monitoring and reporting,
which is optional by request.

The hardware survey gages the performance and
usage of hardware and software by users for Steam
marketing purposes. (Steam 2012)
HOWEVER
o “Valve will not share personally identifying
  information with third parties for marketing
  purposes.”
VALVe won’t sell your details to marketing companies.
                 Good on you VALVe.
HOWEVER

o If you use a proxy/VPN for anonymity: VALVe
  can terminate your Steam account:

“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.”
HOWEVER
  o “VALVe may cancel your account or any
    particular Subscription(s) at any time.”
For, but not limited to; “a violation of this Agreement or
improper or illegal activity” VALVe may cancel the
user’s account without obligation of refund.
WHEN A USER SIGNS UP
o In the case of account cancellation: “You agree
  to defend, indemnify and hold harmless Valve,
  its licensors, and its and their affiliates...”
This clause survives the account termination, so even
if you are no longer a Steam client, Steam is not
legally obliged to you.
WHEN A USER SIGNS UP
o Violation of the Agreement or illegal activity can
  include the illegal modification and repurposing
  of software distributed by Steam
This is to prevent piracy via the Steam network,
however this is enforced by Steam DRM.

Steam allows and encourages the use of their
workshops to modify and create User Generated
Content
USER GENERATED CONTENT
o VALVe has an unlimited use license on ALL
  user generated content
“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.”


o If a user creates, modifies or contributes to
  content made available on Steam (maps,
  mods, programs) this belongs to Steam with
  no obligation on their part to the user.
USER GENERATED CONTENT
o VALVe has an unlimited use license on ALL
  user generated content
     This agreement survives subscription
termination: “All your data are belong to Steam”
HOWEVER:
o A user may cancel their OWN account at any time
o BUT the account still exists but is rendered
  inaccessible. (AccountKiller 2012)


Only accounts with no purchases made/no licences or
subscriptions pending are fully deleted, meaning
personal info is retained on VALVe servers

 This also means no refunds or transfer of purchased
           games/software can be attained
HOWEVER:
o This means that if an account is lost,
  deactivated, terminated or cancelled in any
  way:
VALVe does not have any obligation to refund or
compensate for loss of digital licenses in any way:
The games you buy are merely borrowed via Steam
and are never possessed by the user as independent
software.
That’s right:


“Your license confers no title or ownership in
               the Software.”
Lawsuit and Class Action Waiver; restricting the legal
power of the user.

This means no legal action against VALVe in the case of:
o Fraud
o Tort
o Statute
o Unfair competition
o Misrepresentation
o “Any other legal theory”

Steam allows, however, for claims against unauthorised use,
piracy or theft from the user’s account, to be dealt with between
the user and Steam.
LEGAL
o Any legal proceedings outside of Europe
  must take place in Washington state.

“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.”

o All legal proceedings within Europe must
  take place in Luxembourg

“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)..”
LEGAL

o All legal proceedings within Europe must
  take place in Luxembourg, however:
“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.”


o Steam is flexible in application of its legal
  consumer protection and rights, in favour of
  the user (outside of the USA).
DISTRIBUTION

o Purchasing software requires a credit card or pre-
  payment to ‘Steam Wallet’, VALVe’s in-house
  ‘PayPal’


   Want to take money back out of your Steam
                   Wallet?


              o NON REFUNDABLE
DISTRIBUTION

o Purchasing software requires a credit card or pre-
  payment to ‘Steam Wallet’, VALVe’s in-house
  ‘PayPal’


  Want to close your account and get your game
        licences transferred/redeemed?


              o NON REFUNDABLE
DISTRIBUTION

o Purchasing software requires a credit card or pre-
  payment to ‘Steam Wallet’, VALVe’s in-house
  ‘PayPal’


 VALVe closes your account while you have game
               licences purchased?


              o NON REFUNDABLE
DISTRIBUTION

o Purchasing software requires a credit card or pre-
  payment to ‘Steam Wallet’, VALVe’s in-house
  ‘PayPal’


  Change in subscription details incur additional
                      costs?


              o NON REFUNDABLE
DISTRIBUTION

o Purchasing software requires a credit card or pre-
  payment to ‘Steam Wallet’, VALVe’s in-house
  ‘PayPal’


    Extra cash in your Steam Wallet when your
              account is terminated?


              o NON REFUNDABLE
DISTRIBUTION

o And finally: “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”
  Steam also says in the event of unauthorised
   usage of your account is entitled to claims,
 however, this clause make these circumstances.
                   Otherwise:

             o NON REFUNDABLE
CENSORSHIP:

o Censorship of content: Steam offers censored editions
  of games depending on the national position i.e.;
  Australia has had no R18+ classification for games,
  many have been altered or banned.
o Banned games are not available through Steam in
  applicable countries, if at all.
o Cheating, hacking or otherwise disobeying the Steam
  acceptable conduct policy incurs account termination.
STEAM ONLINE CONDUCT

    All Steam subscribers agree to not commit any of
                 the following offences:
o   Upload copyrighted material
o   Infringe proprietary material rights
o   Upload malicious software
o   Attack Steam servers in any way
o   Use Steam as a marketing scheme userbase
o   Violate legal rights of other users including privacy and
    publicity
o   Inhibit or restrict enjoyment or use of Steam services
o   Harvest user information in any way
o   Create a false identity for the purpose of misleading others
o   Violate any law or regulation
WHAT IT BOILS DOWN TO:

o When you buy a game: YOU DO NOT OWN IT
o When you create content: YOU DO NOT OWN IT
o If you close your account/is terminated: NO REFUND
o If you want to use anonymously: ACCOUNT
  TERMINATED
o If you want to take Steam to court: NO
WORKS CITED
• AccountKiller. AccountKiller. 15 August 2012. 3 September 2012
  <http://www.accountkiller.com/en/delete-steam-account>.
• Graft, Kris. Gamasutra. 19 November 2009. 2 September 2012
  <http://www.gamasutra.com/php-
  bin/news_index.php?story=26158#.UEnWR9bia1w>.
• Mudgal, Kartik. Gaming Bolt. 6 January 2012. 2 September
  2012 <http://gamingbolt.com/valve-releases-pr-steam-
  userbase-doubles-in-2011-big-picture-mode-coming-soon>.
• Steam. Privacy Policy Agreement. 2012. 5 September 2012
  <http://store.steampowered.com/privacy_agreement/>.
• —. Steam Hardware & Software Survey: August 2012. 1 August
  2012. 4 September 2012
  <http://store.steampowered.com/hwsurvey/>.
• —. Steam Subscriber Agreement. 2012. 5 September 2012
  <http://store.steampowered.com/subscriber_agreement/>.

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Steaming Pile of Terms of Service: A Policy Primer Presentation

  • 1. Terms of Service: o PRIVACY POLICY AGREEMENT o SUBSCRIBER AGREEMENT IPOP303 Policy Primer Simon Godfrey
  • 3. STEAM : is an online platform for distribution and purchase, multiplayer communication and DRM developed by VALVe Corp. STEAM is accessed via a client which installs on the users computer, mac or PS3 console
  • 4. (VALVe: Software Developer founded by ex Microsoft employees Gabe Newell and Mike Harrington, also developed the ‘source’ engine used in all subsequent VALVe games. Steam has exclusivity of these games, all of which are bestsellers)
  • 5. IN SHORT o 54,000,000 active user accounts as of 2012 (Gaming Bolt 2012) o 70% dominance on digital distribution market (Gamasutra 2009) o Cloud based distribution and account info storage o Distributes Proprietary Software Licenses o Steam offers integration of User Generated Content with the Steam system (Steam 2012)
  • 6. WHEN A USER SIGNS UP o User downloads and installs the client on applicable hardware. Thus agreeing to: o http://store.steampowered.com/subscriber_agreement/ o http://store.steampowered.com/privacy_agreement/
  • 7. WHEN A USER SIGNS UP o Children under the age of 13 are encouraged to only sign up with parental guidance. This is not enforced and any child can install Steam without adult consent. However, a credit card, Steam Wallet or PayPal account is still needed to purchase games.
  • 8. WHEN A USER SIGNS UP o User account information can be changed upon request: The user can manipulate the way they are represented within the Steam user-base and community, at the discretion of Steam. This means anyone can obtain Steam and assume the identity of any demographic they choose, unless Steam discovers this
  • 9. WHEN A USER SIGNS UP o Habits and behaviours of individual users and demographics can be monitored at the discretion of Steam and shared to other parties without restriction Other parties include Law Enforcement, disclosure to whom is not made clear in the Agreement.
  • 10. WHEN A USER SIGNS UP o Habits and behaviours of individual users and demographics can be monitored at the discretion of Steam and shared to other parties without restriction This includes hardware monitoring and reporting, which is optional by request. The hardware survey gages the performance and usage of hardware and software by users for Steam marketing purposes. (Steam 2012)
  • 11. HOWEVER o “Valve will not share personally identifying information with third parties for marketing purposes.” VALVe won’t sell your details to marketing companies. Good on you VALVe.
  • 12. HOWEVER o If you use a proxy/VPN for anonymity: VALVe can terminate your Steam account: “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.”
  • 13. HOWEVER o “VALVe may cancel your account or any particular Subscription(s) at any time.” For, but not limited to; “a violation of this Agreement or improper or illegal activity” VALVe may cancel the user’s account without obligation of refund.
  • 14. WHEN A USER SIGNS UP o In the case of account cancellation: “You agree to defend, indemnify and hold harmless Valve, its licensors, and its and their affiliates...” This clause survives the account termination, so even if you are no longer a Steam client, Steam is not legally obliged to you.
  • 15. WHEN A USER SIGNS UP o Violation of the Agreement or illegal activity can include the illegal modification and repurposing of software distributed by Steam This is to prevent piracy via the Steam network, however this is enforced by Steam DRM. Steam allows and encourages the use of their workshops to modify and create User Generated Content
  • 16. USER GENERATED CONTENT o VALVe has an unlimited use license on ALL user generated content “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.” o If a user creates, modifies or contributes to content made available on Steam (maps, mods, programs) this belongs to Steam with no obligation on their part to the user.
  • 17. USER GENERATED CONTENT o VALVe has an unlimited use license on ALL user generated content This agreement survives subscription termination: “All your data are belong to Steam”
  • 18. HOWEVER: o A user may cancel their OWN account at any time o BUT the account still exists but is rendered inaccessible. (AccountKiller 2012) Only accounts with no purchases made/no licences or subscriptions pending are fully deleted, meaning personal info is retained on VALVe servers This also means no refunds or transfer of purchased games/software can be attained
  • 19. HOWEVER: o This means that if an account is lost, deactivated, terminated or cancelled in any way: VALVe does not have any obligation to refund or compensate for loss of digital licenses in any way: The games you buy are merely borrowed via Steam and are never possessed by the user as independent software.
  • 20. That’s right: “Your license confers no title or ownership in the Software.”
  • 21. Lawsuit and Class Action Waiver; restricting the legal power of the user. This means no legal action against VALVe in the case of: o Fraud o Tort o Statute o Unfair competition o Misrepresentation o “Any other legal theory” Steam allows, however, for claims against unauthorised use, piracy or theft from the user’s account, to be dealt with between the user and Steam.
  • 22. LEGAL o Any legal proceedings outside of Europe must take place in Washington state. “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.” o All legal proceedings within Europe must take place in Luxembourg “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)..”
  • 23. LEGAL o All legal proceedings within Europe must take place in Luxembourg, however: “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.” o Steam is flexible in application of its legal consumer protection and rights, in favour of the user (outside of the USA).
  • 24. DISTRIBUTION o Purchasing software requires a credit card or pre- payment to ‘Steam Wallet’, VALVe’s in-house ‘PayPal’ Want to take money back out of your Steam Wallet? o NON REFUNDABLE
  • 25. DISTRIBUTION o Purchasing software requires a credit card or pre- payment to ‘Steam Wallet’, VALVe’s in-house ‘PayPal’ Want to close your account and get your game licences transferred/redeemed? o NON REFUNDABLE
  • 26. DISTRIBUTION o Purchasing software requires a credit card or pre- payment to ‘Steam Wallet’, VALVe’s in-house ‘PayPal’ VALVe closes your account while you have game licences purchased? o NON REFUNDABLE
  • 27. DISTRIBUTION o Purchasing software requires a credit card or pre- payment to ‘Steam Wallet’, VALVe’s in-house ‘PayPal’ Change in subscription details incur additional costs? o NON REFUNDABLE
  • 28. DISTRIBUTION o Purchasing software requires a credit card or pre- payment to ‘Steam Wallet’, VALVe’s in-house ‘PayPal’ Extra cash in your Steam Wallet when your account is terminated? o NON REFUNDABLE
  • 29. DISTRIBUTION o And finally: “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” Steam also says in the event of unauthorised usage of your account is entitled to claims, however, this clause make these circumstances. Otherwise: o NON REFUNDABLE
  • 30. CENSORSHIP: o Censorship of content: Steam offers censored editions of games depending on the national position i.e.; Australia has had no R18+ classification for games, many have been altered or banned. o Banned games are not available through Steam in applicable countries, if at all. o Cheating, hacking or otherwise disobeying the Steam acceptable conduct policy incurs account termination.
  • 31. STEAM ONLINE CONDUCT All Steam subscribers agree to not commit any of the following offences: o Upload copyrighted material o Infringe proprietary material rights o Upload malicious software o Attack Steam servers in any way o Use Steam as a marketing scheme userbase o Violate legal rights of other users including privacy and publicity o Inhibit or restrict enjoyment or use of Steam services o Harvest user information in any way o Create a false identity for the purpose of misleading others o Violate any law or regulation
  • 32. WHAT IT BOILS DOWN TO: o When you buy a game: YOU DO NOT OWN IT o When you create content: YOU DO NOT OWN IT o If you close your account/is terminated: NO REFUND o If you want to use anonymously: ACCOUNT TERMINATED o If you want to take Steam to court: NO
  • 33. WORKS CITED • AccountKiller. AccountKiller. 15 August 2012. 3 September 2012 <http://www.accountkiller.com/en/delete-steam-account>. • Graft, Kris. Gamasutra. 19 November 2009. 2 September 2012 <http://www.gamasutra.com/php- bin/news_index.php?story=26158#.UEnWR9bia1w>. • Mudgal, Kartik. Gaming Bolt. 6 January 2012. 2 September 2012 <http://gamingbolt.com/valve-releases-pr-steam- userbase-doubles-in-2011-big-picture-mode-coming-soon>. • Steam. Privacy Policy Agreement. 2012. 5 September 2012 <http://store.steampowered.com/privacy_agreement/>. • —. Steam Hardware & Software Survey: August 2012. 1 August 2012. 4 September 2012 <http://store.steampowered.com/hwsurvey/>. • —. Steam Subscriber Agreement. 2012. 5 September 2012 <http://store.steampowered.com/subscriber_agreement/>.