Terms Of Service
The current Agreement was last updated at October 3, 2017.
The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and SteamWhiz.com (hereinafter “SteamWhiz.com” or “us” or “We”) regarding your use of SteamWhiz.com, our other sites or services that post these Terms (the “Service(s)”), whether accessed by computer, mobile phone or other device (each a “Device”).
You further agree that we may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service. In addition, some of our Service products or services may be available subject to certain additional or different terms and/or conditions that apply to them (in each instance, and collectively, “Additional Terms”), which will supplement these Terms.
The service may exist on, or in connection with, a number of third-party platforms (e.g., Steam). Please be aware that your activities on these platforms may also be subject to the terms of service and/or privacy policies for that platform, and we are not responsible for these third parties.
SteamWhiz.com reserves the right to prospectively revise these Terms at any time (meaning the old terms continue to apply to your use that predates the changes). If we do, we will post the modified Terms of the Service and indicate the date of most the recent change above, and you agree that this will be sufficient notice to you that new terms apply, and your continued use of the services indicates your agreement to the new terms in connection with that ongoing use.
The Service contains a variety of (i) materials and other items relating to SteamWhiz.com and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, communications, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of SteamWhiz.com (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). Unless otherwise specified in writing, all Content is owned, controlled, or licensed by SteamWhiz.com or its licensors. All content is copyrighted under copyright laws and/or similar laws protecting it from unauthorized use. The Trademarks, including but not limited to SteamWhiz.com and its logos may not be used without our express written permission. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of SteamWhiz.com or any other third party.
Subject to your strict compliance with these Terms, SteamWhiz.com grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only), display, view, use, interact, and/or print one copy of Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a Device for your personal use only, and (ii) to use certain Content that we may from time to time make available on the Service explicitly for you for use as part of your User-Generated Content (defined below) (“SteamWhiz.com Licensed Elements”), but only for such purposes as may be explicitly stated at the time that SteamWhiz.com Licensed Elements are made available on the Service; but we and our licensors and certain other third parties, as the case may be, retain ownership of such SteamWhiz.com Licenses Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in SteamWhiz.com’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or SteamWhiz.com Licensed Elements, subject to Additional Terms.
2. User Generated Content
It is possible for you to contribute to the Service through submission of Content you create or contribute to the creation of (“User-Generated Content”). User-Generated Content, includes without limitation, various kinds of content that are submitted by users (for example, profile pictures, user posts, messages, reviews, and actions with others and users), as well as any feedback, comments, or suggestions that users you provide to us regarding the Service.
You will retain whatever ownership you may have in your User-Generated Content, but you hereby irrevocably grant to SteamWhiz.com a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any matter whatsoever the User-Generated Content, or any portion thereof, you submit to the Service or other to SteamWhiz.com, by any and all means, and in all forms of media, not known or hereafter developed, and to advertise, market and promote the same. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in or in connection with such User-Generated Content.
3. Use of the Service
You shall not use our Content off of our Service, except as we may allow use of SteamWhiz.com Licensed Elements for certain third parties use approved by us in writing. We do not approve and you may not create or use a substitute services that offer Content off of our Service.
In addition, you must follow our rules, and the spirit of them, including SteamWhiz.com Community Guidelines and without limitation:
• No False Information: You shall not use SteamWhiz.com using a false identity or information, or on behalf of someone other than yourself. You shall not use the Service if you have previously been removed or banned from the Service by SteamWhiz.com. You shall not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin of source of software or other material contained in a file that is uploaded, or forge headers or otherwise manipulate identifiers to disguise the origin of any material transmitted through the Service.
• No use of others’ content without proper permission: You shall not use any User-Generated Content or other content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to SteamWhiz.com through the Service.
• No commercial or political use: You shall use our Service only for non-commercial and non-political purposes. You shall not use the Service or any features on the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail, surveys, contests, pyramid schemes, or repetitive messages to anyone, to distribute unsolicited email to others for commercial use or otherwise: or harvest or otherwise collect personal information about other individuals, including e-mail addresses or screen names for the purpose of sending unsolicited e-mails or for exchange. You shall not advertise or offer to sell or buy any goods or services for any commercial or business purpose. You shall not use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of visitors the Service or other visitor or usage information any portion thereof.
• No harassment, defamation, or profanity: You shall not publish, post, upload, distribute or disseminate any material or information on the Service which: (i) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information (including but not limited to pornography, depiction of acts of violence and sexual acts, and material and information which may perpetuate hatred against any person or group or having the likely effect of causing harm or offence), (ii) is a false statement about a person or their property or business which is actuated by malice and may cause financial harm to that person: (iii) is misleading or deceptive: (iv) is a breach of confidence or an invasion of a person’s right to privacy: (v) may cause us to breach, or be involved in the breach of law, a code of instrument which governs our conduct, or (vi) otherwise infringes any person’s rights, including without limitation their intellectual property rights, e.g copyright or trademark rights (or rights of privacy and publicity.)
• No harm, damage or interference: You shall not use our services in a way that causes, or may cause, damage to the website and our services, conduct systematic or automated data collection activities on or in relation to this website, upload files that contain, or otherwise intentionally release or disseminate, viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may interfere with or damage SteamWhiz.com, the Service, its Content or the operation of another's Device or property of another. You shall not download any file posted by another visitor of a home page, chat room or message board that you know, or reasonably should know, cannot be legally distributed. You shall not restrict or inhibit any other user from using and enjoying the home pages, chat room and message boards; or violate any code of conduct or other guidelines which may be displayed on the Service for any particular feature or service.
• No law violations or conspiracy: You shall not violate, or encourage others to violate, any laws or regulations or the legal rights of another individual, on the Service.
• No refusal to cooperate: You shall not refuse to follow the instructions of any personnel of SteamWhiz.com or a SteamWhiz.com affiliate.
SteamWhiz.com reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms, any applicable Additional Terms, or the Service itself. SteamWhiz.com reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
4. Third Parties
The Service may also contain links, as part of third-party ads or content on the Service or otherwise, to or from third-party websites (“Linked Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with SteamWhiz.com, e.g., inside of the SteamWhiz.com Trade System, or via links to sites outside of the Service that are operated by third parties. SteamWhiz.com may have no control over the content, operations, policies, terms, or other elements of Linked Sites, and SteamWhiz.com does not assume any obligation to review any Linked Sites. SteamWhiz.com does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, SteamWhiz.com is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, SteamWhiz.com will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights or otherwise, arising out of or related to Linked Sites or their products or services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. The Linked Sites may send cookies or solicit personal information from you, and as we have no control over these Linked Sites you agree that we have no responsibility for their actions and you should review their privacy policies. SteamWhiz.com disclaims all liability in connection therewith.
Further, where part of the Service contains advertising, content and other material submitted to us by third parties, please note that those third parties are responsible for ensuring that material submitted for inclusion on the Service complies with all legal and regulatory requirements. SteamWhiz.com disclaims all liability in connection with such advertising or other third-party content or material.
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Linked Sites or third-party advertisements or content made available on or through our Service) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). SteamWhiz.com disclaims all liability in connection therewith.
5. Updates and Modifications to the Service
You understand that the Service is an evolving one. SteamWhiz.com may require that you accept updates to the Service and to the third-party software you have installed on your Device. You acknowledge and agree that SteamWhiz.com may update and modify the Service, with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Service.
6. Termination; Survival
WITHOUT LIMITATION, WE MAY TERMINATE YOUR LICENSE TO THE SERVICE OR OTHERWISE SUSPEND OR TERMINATE YOUR ACCOUNT AT ANY TIME WITH OR WITHOUT NOTICE TO YOU IF: (A) YOU BREACH THESE TERMS OR ANY APPLICABLE ADDITIONAL TERMS INCLUDING WITHOUT LIMITATION THE STEAMWHIZ.COM WAY; (B) YOU HAVE NOT ACCESSED YOUR ACCOUNT FOR 180 DAYS; OR (C) IF THE SERVICE IS GOING TO BE SHUT DOWN OR MERGED WITH OTHER SITES AND/OR SERVICES. IN THESE SITUATIONS YOUR ACCOUNT LICENSE TO USE THE SERVICE OR A PART THEREOF WILL BE AUTOMATICALLY TERMINATED. IN SUCH EVENT, STEAMWHIZ.COM SHALL NOT BE REQUIRED TO PROVIDE REFUNDS, BENEFITS OR OTHER COMPENSATION TO USERS IN CONNECTION WITH SUCH DISCONTINUED SERVICES. TERMINATION OF YOUR ACCOUNT CAN INCLUDE DISABLING YOUR ACCESS TO THE SERVICE OR ANY PART THEREOF INCLUDING ANY CONTENT YOU OR OTHERS SUBMITTED.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR WEBSITES AND SERVICE, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR ANY APPLICABLE ADDITIONAL TERMS. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
You may terminate your access to the Service at any time for any reason without penalty by contacting us, at which point you will no longer be permitted to use the Service. We will not refund you the fees (or any part of them) that we have already charged you.
Any suspension or termination will not affect your obligations to SteamWhiz.com under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from SteamWhiz.com, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to SteamWhiz.com in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
7.1 DISCLAIMER OF WARRANTIES
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. STEAMWHIZ.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO: THE SERVICE AND ITS FUNCTIONS, FEATURES, AND ELEMENTS; ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED AT OR LINKED THROUGH THE SERVICE; THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF YOUR USER-GENERATED CONTENT TO OR VIA THE SERVICE; THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.2 LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STEAMWHIZ.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS OF SERVICE OR ANY APPLICABLE ADDITIONAL TERMS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STEAMWHIZ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT UNDER NO CIRCUMSTANCES SHALL STEAMWHIZ.COM BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO STEAMWHIZ.COM IN ACCORDANCE WITH THESE TERMS OF SERVICE OR ANY APPLICABLE ADDITIONAL TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO STEAMWHIZ.COM DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND STEAMWHIZ.COM’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH STEAMWHIZ.COM IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. IF SUCH REMEDIES ARE DEEMED INSUFFICIENT UNDER ANY APPLICABLE LAW, STEAMWHIZ.COM’S LIABILITY SHOULD INSTEAD BE LIMITED TO THE LESSER OF 500 EUROS OR THE MINIMUM AMOUNT REQUIRED BY LAW.
7.3 JURISDICTIONAL LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that SteamWhiz.com may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of SteamWhiz.com’s liability shall be the minimum permitted under such applicable law. TO THE EXTENT REQUIRED BY APPLICABLE LAW, NOTHING IN THESE TERMS OF SERVICE OR ANY APPLICABLE ADDITIONAL TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF STEAMWHIZ.COM.
You agree to indemnify, defend and hold SteamWhiz.com and its successors and assigns harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of: our use of information you submit to us (including your User-Generated Content) through the Service; your use of the Service and your activities in connection with the Service; any breach by you of these Terms or any applicable Additional Terms; your violation of any laws in connection with your use of the Service or your activities in connection with the Service; content transmitted through your Device that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; and any misrepresentation made by you (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claim and Loss. Notwithstanding anything to the contrary, we retain the exclusive right to control, settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of SteamWhiz.com.
8. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the European Union, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of European Union.