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110. Re: On OnLive Game Prices Jun 27, 2010, 19:39 Nere
 
9. User Generated Content

Any time you post a message or communication on an OnLive sponsored forum, or create, post, upload, submit, share or distribute any content through the use of the Service, including the OnLive User Community Forums, or play a game on the Service, including any user name, tag, handle, motto, avatar video or still, and including contributions via text chat, text messaging, forums, message boards, whether within or outside a game (any such message, communication, content or play, collectively, “User Generated Content” or “UGC”), you grant OnLive a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up license (with the right to sublicense) to use, reproduce, distribute, display, perform, transmit, modify, edit, create derivative works from, and otherwise exploit such UGC, in any form, format, or medium now known or later developed. You represent and warrant that you have the right to grant these rights to OnLive and that you will not post any content or links, user-generated or otherwise, that infringe, misappropriate or violate any privacy, intellectual property, or any other rights of any party, or that is vulgar, offensive, libelous, slanderous, discriminatory or obscene or that violates any law. You hereby waive all “moral rights” with respect to all UGC and all copyrights therein to the extent such moral rights can be waived under the existing law of any jurisdiction, and all uses thereof, and consent to any action of OnLive that would violate such moral rights in the absence of such waiver or consent.

UGC specifically excludes any gaming and Service usage statistics like scores, rankings, log in/log out times, length of gameplay, and your presence on the Service. OnLive owns gaming and Service usage statistics 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.

OnLive reserves the right to pre-screen, monitor, moderate, and delete any UGC that you or other OnLive users submit to the Service, including, but not limited to, posts made to public forums. However, we have no obligation to do so, and you acknowledge that you may be exposed to content you find vulgar, offensive, libelous, slanderous, discriminatory, obscene or is in violation of a law.

OnLive is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Service.
10. OnLive Purchases and Billing

ALL SALES ARE FINAL. ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE, TRANSFERABLE, OR REDEEMABLE IN WHOLE OR IN PART. Subject to any OnLive promotional offers you may accept, OnLive may require payment of fees for the Service membership offer you select (the “Membership Plan”), third party content, any additional items and services that may be available through the Service, and any applicable taxes. You must register for an Account and sign up for a Membership Plan in order to access the various features of the Service and pay for any third party content. All purchases are charged in U.S. dollars.

By registering for the Service, you represent that you are at least 18 years of age or older and that you are authorized to use a credit card. A credit card is required to sign up for the Service. You must also be authorized to use any subsequent credit card in the event you change or update the credit card you used to register. By signing up for a Membership Plan, you expressly authorize OnLive to charge you for services and products purchased under your Account including but not limited to required or optional fees associated with maintaining an active Membership Plan in good standing (the “Membership Fees”), third party content, any additional items and services that may be available through the Service, and any applicable taxes. OnLive will bill you for recurring Membership Fees on the corresponding day (or a day reasonably close to the corresponding day) of each month you signed up for the Service until you suspend or close your Account.

Prices for any third party content are subject to change at any time without notice. OnLive reserves the right to change the pricing and billing practices for the Service at any time. In the event OnLive makes any price increases or substantially alters its billing practices for the Service, we will provide you with at least thirty (30) calendar days notice via the email address you have provided in your Account. If you do not consent to these changes, you must stop using the Service and close your Account immediately. In the event your Account is closed or suspended for any reason, OnLive reserves the right to charge you for any costs, surcharges, or debts still pending on your Account. You may not register a new OnLive Account until all costs, surcharges, and debts are settled for any prior OnLive Account that you have used, or have been used with the same credit card or email address.
11. MicroConsole TV Adapter

If an OnLive MicroConsole™ TV Adapter (the “MicroConsole TV Adapter”) is provided to you (either by OnLive or a third party), the Terms apply fully to access and use of the MicroConsole TV Adapter. Your access of the Service through the MicroConsole TV Adapter is also governed by the Terms. Use of the MicroConsole TV Adapter confirms your agreement to:
* Accept the Terms, Third Party Terms, and any subsequent changes.
* Accept any software updates and upgrades sent to the MicroConsole TV Adapter.
* Accept any different or additional terms applicable to the third party components included with the MicroConsole TV Adapter.
* Not tamper with in any manner, disassemble, reverse engineer, or otherwise modify the MicroConsole TV Adapter.
* Not derive (or attempt to derive), modify, decompile, or remove any software code from the MicroConsole TV Adapter.
* Not remove any proprietary notices or labels from the MicroConsole TV Adapter.
* Use any software in the MicroConsole TV Adapter only in executable form and solely in conjunction with the MicroConsole TV Adapter.
Upon closure or suspension of your Account or upon an earlier request by OnLive, you agree to promptly return the MicroConsole TV Adapter provided to you, if any, to OnLive or its designated agent, at OnLive’s expense, in accordance with OnLive’s instructions. The Terms applicable to the MicroConsole TV Adapter will apply to you in full until such time as you return the MicroConsole TV Adapter.
12. Suspending Your Account

You may suspend (i.e. temporarily deactivate) your Account at any time, for any or no reason, for up to twelve (12) months by contacting OnLive Customer Service from the Support section of the OnLive website. Also, OnLive may suspend an Account, or resume a suspended Account, under certain conditions specified in the Terms, including, for example, the expiration or renewal of your Service membership term. You or OnLive may resume (i.e. reactivate) a suspended Account, if the Account is in good standing and any outstanding concerns have been addressed, at any time during the suspension.

Suspending your Account will temporarily disable your access to the Service using the suspended Account, and temporarily disable your access to all content or services on the Service that the Account would otherwise have access to, if any, whether purchased or not. Resuming your Account will restore your access to the suspended Account, and restore your access to content and services that are still available to you after the time that has elapsed during the suspension period or provide access to content and services that became available to you during the suspension. During this time, OnLive will retain all of your information, including your Personal Information, just as if the Account is in active use so as to enable OnLive to (a) keep track of any content or service expirations or activations during the suspension period, and (b) reactivate your Account if it is resumed during that twelve (12) month period. During the suspension period you, or OnLive under certain conditions specified in the Terms of Service, may close your Account, per the terms described below in Closing Your Account. OnLive will close your Account if it not resumed within twelve (12) months of the last suspension. If you decide to suspend your Account, please contact OnLive Customer Service from the Support section of the OnLive website.

The Terms will continue to apply to you in full from the time you accept the Terms, as set forth in the “Accepting and Changing the Terms” section herein, throughout your Account suspension and until your Account is closed by either you or OnLive.
13. Closing Your Account

CLOSING YOUR ACCOUNT WILL RESULT IN PERMANENT LOSS OF ACCESS, CONTENT, SERVICES AND VALUE ON THE ONLIVE SERVICE. ONLIVE URGES YOU TO CONSIDER SUSPENDING YOUR ACCOUNT, PER THE “SUSPENDING YOUR ACCOUNT” SECTION ABOVE. RATHER THAN CLOSING YOUR ACCOUNT, PLEASE READ THIS “CLOSING YOUR ACCOUNT” SECTION CAREFULLY BEFORE PROCEEDING WITH CLOSURE.
 
 
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