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||Re: On OnLive Game Prices
||Jun 27, 2010, 19:38
TERMS OF SERVICE, COMMUNITY GUIDELINES, PRIVACY STATEMENT
TERMS OF SERVICE
Last updated: May 25, 2010
Welcome to the OnLive® Game Service (the “Service” or “SERVICE”), a service of OnLive, Inc. (collectively, “OnLive” or “ONLIVE” or “we” or “us”). The OnLive Terms of Service (the “Terms”) govern our relationship with anyone who accesses the Service.
2. Community Guidelines
In order to provide a safe and welcoming environment for all of our users, we have established certain ground rules regarding your behavior on the Service that are specified in the OnLive Community Guidelines, which is incorporated herein by reference. The OnLive Community Guidelines apply to any and all User Generated Content (as defined in Section 9 below) that you contribute to the Service. Violation of the OnLive Community Guidelines may subject your OnLive Service Account (“Account” or “ACCOUNT”) to termination or suspension and/or subject you to legal action.
In order to use the Service, you must be at least 18 years of age and a current resident of the contiguous United States. You represent and warrant to OnLive that you meet the eligibility criteria in the preceding sentence.
4. Accepting and Changing the Terms
You can accept the Terms by (a) clicking to accept or agree to the Terms upon completion of Account registration or (b) accessing the Service. If you do not accept the Terms in the manner described in clause (a) but nevertheless access the Service, you will be deemed to have accepted the Terms upon such access of the Service.
We may change the Terms at any time in our sole discretion. All changes to the Terms will come into effect 15 days after the posting of such changes unless we choose to secure your immediate acceptance of revised Terms via a click-through confirmation or acceptance button. We will notify you of any changes to the Terms by announcing the changes when you start the Service or we may choose to inform users of substantial changes via email. Continued use of the Service after the 15-day notice period, regardless of whether we have contacted you regarding such changes and regardless of whether you have read the changes we have made available to you, will constitute acceptance of the Terms.
5. Third Party Terms
Buying or accessing certain third party content on the Service may require you to review, and accept or decline certain third party disclosures, policies, and agreements including but not limited to third party end user license agreements, privacy policies, and terms of service (“Third Party Terms”).
You may be presented with Third Party Terms prior to your purchase or use of third party content, or wherever OnLive, in its sole discretion, deems presentation of Third Party Terms is reasonably necessary or legally required to provide proper notice to you. You can accept Third Party Terms by (a) entering your password to purchase access to or to use the third party content on the Service, (b) accessing the purchased or selected third party content through the Service, or (c) any other reasonable means by which OnLive, in its sole discretion, deems appropriate. If you do not accept Third Party Terms in the manner described in clause (a) but you nevertheless access the Service, you will be deemed to have accepted Third Party Terms upon such access of the third party content. If you choose to decline any Third Party Terms, you may do so by not purchasing the third party content referenced by the Third Party Terms or otherwise declining the Third Party Terms as provided by OnLive or the third party providing the Terms.
Please be advised that some Third Party Terms may state or imply you have certain rights to a physical product, rights to download, or install third party content to a local machine, and/or other rights associated with physical possession or control of third party content. Such statements within Third Party Terms are not applicable to use of the third party content on the Service.
In all Third Party Terms, the user agreeing to, and/or the user presented with Third Party Terms will in all cases continue to be the consumer end user of the third party content. Unless specifically stated, OnLive shall not be the intended or actual licensee, user, or recipient of any Third Party Terms. Subject to the above clarification, all other terms and conditions of any Third Party Terms shall continue to apply and be fully enforceable against users of such third party content.
You do not have the right to share your Account with any third party. You are solely responsible for all activity on your Account, including violations of the Terms by any third party that accesses the Service through your Account, and for the security of your Account. You also agree to the following:
* You agree to provide and maintain an active email address through which you can be reached for the duration of your Account. You agree to provide accurate and up-to-date contact and billing information to OnLive.
* You agree to use the Service only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
* You agree to notify OnLive of any unauthorized use of your Account, any impending or threatened event that may negatively impact the Service, security of the Service, or any other violation of the Terms known to you, including by third parties that have accessed the Service through your Account.
* You agree to not make any attempt to access the Service via any means or interface other than those which have been provided to you by OnLive, unless you have been granted explicit written permission by an authorized representative of OnLive to do otherwise.
* You agree to not engage in any activity that interferes with or disrupts, degrades, harms or threatens to harm the Service, security of the Service, our servers, use of the Service by any of our users.
* You agree to not represent to any third party that you are an OnLive employee or authorized representative of OnLive.
* You agree to not register a Player Tag (i.e. OnLive user name) that is vulgar, offensive, libelous, slanderous, discriminatory or obscene or that violates any law, or otherwise breaches the Terms.
* You agree to not transfer or share your Account with any other party. You may not transfer or share your OnLive Service login information with any other party.
* You agree to not tamper with in any manner, disassemble, reverse engineer, or otherwise modify any hardware or software of the Service made available to you.
The listing of any prohibited activities above is not exhaustive. OnLive reserves the right to determine that any conduct that is or could be harmful to the Service, our servers, or use of the Service by any of our users, is in violation of the Terms and to exercise any or all of the remedies contained in the Terms.
7. License for Materials
Any materials made accessible to you in connection with the Service will be licensed under, and subject to, the terms and conditions of the OnLive End User License Agreement (“OnLive EULA”) that is included with or provided in connection with the download, installation, and/or use of the OnLive Application Software and other related materials (collectively, the “Materials”). Your download, installation, and/or use of the Materials will constitute your acceptance of such terms and conditions of the OnLive EULA.
8. Our Content
With the exception of User Generated Content (as defined in Section 9 below), as between you and OnLive, OnLive or its affiliates, subsidiaries, licensors, or suppliers retain title to and ownership of everything on or used in connection with the Service, including, but not limited to, text; images; graphics; logos; audio and video content; visual, auditory, tactile, and motion user interfaces, and any OnLive hardware, software, or computer code (collectively, “Content”). This also includes, without limitation, the structure, design, animation, video, effects, overall “look and feel” and arrangement of Content on the Service. With regard to any gaming statistics like scores, rankings, log in/log out times, length of gameplay, and your presence on the Service, OnLive owns that content exclusively and/or shares ownership of that content with third party content providers and may grant any of our affiliates, subsidiaries, licensors, partners, or suppliers permission to use such content, including the use and display of such content publicly for the purposes of leaderboards, enhancing multiplayer gameplay, tournaments, and marketing and promotion efforts. Subject to license restrictions and these Terms, certain Content on the Service may not be available to users accessing the Service through specific client devices (e.g. Macintosh, Windows PC, MicroConsole™ TV Adapter, cell phones, tablet computers, Internet TVs, and set-top boxes). Such limitations will be specified in the Content descriptions provided prior to your purchase of any such Content, during the purchase process and/or in the EULA for any particular piece of Content which has such restrictions.
You may not modify, reproduce, distribute, create derivative works or adaptations of, publish, perform, display, transmit or in any way exploit any of the Content in whole or in part except as expressly authorized by OnLive. You may not, in whole or in part, reverse engineer, derive (or attempt to derive) any source code, modify, disassemble, decompile, or remove any proprietary notices or labels from the Service or any hardware or software associated or used in connection with the Service. Except as expressly and unambiguously provided herein, OnLive does not grant you any express or implied rights in or to the Service, any Content or any software associated or used in connection with the Service. You may not transfer, publish, display, disclose or make available any reproductions of the Service or the Content to any other parties in any way, including, without limitation, by uploading videos or images to file sharing sites, sharing or making available screen captures of the Service or any Content, or sharing or making available any source code or executable code of any software associated or used in connection with the Service. You may not rent, lease, license or sublicense the Service to others, or use the Service in any manner for the benefit of any third party.