Valve's Steam Latest to Erode Your Legal Rights With Fine Print > Is my understanding correct......

reply to FBGuy

Re: Is my understanding correct......

no, if it says in the terms of service that it isn't their fault, then it isn't their fault.

They can't "contract away" contributive negligence. Just because they claim it so in a contract doesn't make it so.

they have no legal obligation to do so.

They certainly do. Data protection has a standard of care obligation in common law. They have to take reasonable steps to protect all customer data and in California are required to actively report breaches customers since Value holds payment information for customers. What is reasonable is determined be a court or arbitrator depending on the venue.

reply to FBGuy
Absolutely incorrect. While I'm sure they'd love to absolve themselves of all liability, that's usually not the case. They have a duty to act in good faith when performing the obligations under the agreement; further, they may be liable for harm caused by their negligence for the breach of any duty. This extends to securing sensitive information - including customer information. So they can have it in the contract in bold face in 100 pt. font, but that doesn't mean they're not at fault or liable.

reply to skeechan
It is a 2 way street. They can easily say that you failed to protect your own account. I'm not sure if you use Steam or not, but they have plenty of methods in place to protect your account.

reply to navalpatel
The customer is just as liable.

That's not even relevant. We're not talking about a situation where a customer's negligence results in that customer being harmed. We're talking about the customer being harmed resulting form the negligence of Steam or any given company. Yes, the customer can be contributory negligent as well, but in most states, his negligence alone will not bar him from being able to recover from Steam.

reply to FBGuy
Everyone has strong methods to protect accounts but account data still gets stolen whether it is a bank or the DoD. Valve isn't bulletproof.

The problem with Valve is from accounts I have read they don't work with users like say Microsoft does with Live accounts. This is where they would get burned in small claims.

I do use steam and use a very strong password. I use strong passwords which are individual to every site or account (thanks to 1Password) so if my account is hacked it will absolutely be on Valve.

reply to navalpatel
Steam has the right to cancel your account at any time for any reason. You do not own anything on the steam service. Your licenses can be revoked/cancelled at any time for any reason. It's all in the Terms of Service.

reply to skeechan
Steam works with people when it is their fault, which is very rarely. The times they don't work with you it was your fault.

And they suck for that and that attitude simply encourages piracy and Valve has no one to blame for it but themselves.

reply to FBGuy
Every contract requires both parties to act in good faith and no provision in any contract permits a party to not do so - ever. This includes Steam and their right to terminate service. Just because its in the terms of service doesn't mean it'll be given the full effect Steam wishes. Further, there are likely remedies available under tort law and numerous state consumer protection laws.

In sum: The terms of service can say whatever it wants, but every provision isn't legally enforceable or given its full effect.

reply to skeechan
You think Valve should dedicate resource to customers who are too stupid to keep their accounts from being phished/hacked/stolen? I don't think so. If you are too stupid to use Steam Guard and a complex password, you probably shouldn't even have a Steam account. If you have Steam Guard on, your account should be safe anyways as that requires extra authentication when you log in from a new location.

I think you are freaking out over nothing. Steam does a LOT to keep your account secure. The most likely course of action for an account to get compromised is the user.

reply to skeechan

reply to navalpatel
You guys really don't know what you are even paying for when you get a game on Steam, do you? You are not paying for a game. You are paying for the ability to play a game on a service. That SERVICE can be shut down at any time whatsoever for any reason. You have no right to any of the games under current U.S. Law because you NEVER OWN THEM.

I've only associated myself with Steam when I played Counter Strike nearly a decade ago.

I understand I only have a license to play the game and that it is subject to the terms and conditions and those are subject to the existence of the service. My point is that regardless of what they say in the terms as to your rights and their rights, each and every section of that shouldn't be taken at face value.

reply to Simba7
Actually, that is the next provision that is going to be added to the Steam contract... if you violate the TOS, they can come and execute you. Why not? Your life is just another right like all the others they want you to give up, isn't it?

Despite what some might say, No this would not be legal. You cannot avoid/modify/amend existing law through a contract to allow someone to commit a crime against you. The fact that a company would even try is a testament to the need of MUCH stronger consumer protection.

For some strange reason, the idea to let business do what they want and if they can get customers to agree that it should hold just doesn't cut it in my book.

reply to FBGuy
Yeah, it's called customer service and smart business.

And "should be" isn't the same as "will be".