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112. Re: On OnLive Game Prices Jun 27, 2010, 19:41 Nere
 
If any provision of the Terms is held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. This shall, in no way, affect the validity and enforceability of all other provisions in the Terms.
22. Miscellaneous

You and OnLive are independent parties, and nothing in the Terms constitutes a partnership or joint venture between you and OnLive or makes either party the agent of the other. Unless otherwise specified herein, the Terms, the OnLive Privacy Policy, and the OnLive Community Guidelines constitute the entire agreement between you and OnLive with respect to the subject matter hereof and supersede all prior or contemporaneous communications, negotiations and proposals with respect to such subject matter. You may not assign or transfer the Terms or any of your rights or obligations under the Terms (whether by operation of law or otherwise) without the prior written consent of OnLive.
23. Beta Program

OnLive may from time-to-time establish a Beta program (”Beta“) to give certain users an opportunity to test and experience additional new features of the Service, pay for and use third party content, and gather feedback on the new features and content on the Service. Any and all information made available to you by virtue of your participation in a Beta, whether furnished to you directly by OnLive or learned by you through your access to a Beta, is confidential to OnLive. For example, you may not do any Tweets, Facebook posts, or other online posting of details, and you may not post or otherwise communicate screenshots, or videos, or any other content whatsoever about your participation in a Beta. You may disclose that you are a participant in a Beta, but you may not discuss with or disclose to any third party any information you learn through a Beta including your opinions regarding a Beta. If you are chosen to participate in a Beta, you will:
* Carry out the testing in connection with a Beta personally. You will not display or provide access to the Service to any other person.
* Use your best efforts to secure your system and the Beta against unauthorized access or disclosure.
* Never disclose any information about a Beta, including, without limitation, any information about the Service provided or made available by OnLive or any screenshots, video, or code to any third party.
* Never discuss gameplay, quality of service, or bugs encountered while using a Beta anywhere outside of OnLive’s provided in-site forums and customer support.
* Delete and destroy all information related to a Beta in your possession or control immediately upon the request of OnLive, and confirm deletion and destruction of such information if requested to do so by OnLive.
You agree that any breach by you of this confidentiality provision will cause irreparable harm to OnLive, and OnLive is entitled to seek ex parte injunctive relief to prevent the breach or threatened breach of your obligations.

As a Beta user, you agree to:
* Test and evaluate a Beta and/or devices to be used with the Beta, including, but not limited to, audiovisual content, features, functionality, capabilities, operation, Service performance and device performance.
* Inform OnLive of any bugs or other defects you encounter in connection with the Service.
* Receive all software updates and upgrades, if any, that OnLive sends to the Service, or any hardware or software associated or used in connection with the Service.
* Comply with reasonable requests and instructions from OnLive in connection with Beta, which may be provided from time to time during a Beta, including, but not limited to, requests and instructions to test or evaluate specific aspects of the Service.
* Provide OnLive with your comments, feedback, evaluations, analyses, suggestions and recommendations regarding a Beta (“Feedback”), all as voluntarily provided by you or as may otherwise be requested by OnLive.
Your participation in a Beta is strictly voluntary and for your enjoyment. While your participation in a Beta is helpful, you understand that it is not a vital part of the development of the Service so as to give you any right to compensation. Participation in one phase of a Beta does not entitle you to participation in any other phase of a Beta, if any, or to any compensation with respect to the Service. You acknowledge and agree that your participation in a Beta (or any phase of a Beta) does not give you any claim of ownership to any part of the Service.

All Feedback that you provide or make available to OnLive during a Beta, however communicated by you and whether at OnLive’s request or not, shall be the sole and exclusive property of OnLive, and you hereby irrevocably assign to OnLive all of your right, title and interest in and to such Feedback, including, without limitation, any and all intellectual property rights in or to any such Feedback. Without limiting the generality of the preceding sentence, you agree that OnLive and its successors, assigns and licensees shall have the perpetual and irrevocable right to reproduce, modify and otherwise use and exploit all of the Feedback (and any and all portions and derivatives thereof) in any manner now known or hereafter devised for any purposes, including, but not limited to, in connection with the development and exploitation of the Service or any other product or service, without any compensation or the provision of any credit to you. You hereby waive all “moral rights“ with respect to all Feedback 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.

All other terms in the OnLive Terms of Service continue to apply to your participation in a Beta.

COMMUNITY GUIDELINES

Last updated: May 25, 2010

Welcome to the OnLive® Community! In order to provide a safe and welcoming environment for users of the OnLive® Game Service we have established a few ground rules regarding your behavior in connection with the Service, as described in these OnLive Community Guidelines (the “Guidelines”). The OnLive Game Service (the “Service” or “SERVICE”), is a service of OnLive, Inc. (collectively, “OnLive” or “ONLIVE” or “we” or “us”). The Guidelines apply to all of your contributions to and participation in any OnLive-sponsored service offering, website, communications system or forum, including, without limitation, any content you create, post, upload, submit, share or distribute through the use of the Service, including any OnLive User Community Forums (the “Forums”), through gameplay on the Service, and including any Player Tag (i.e. OnLive player user name); handle; motto; video, animated, or still image avatar, and including contributions or interactions via text, audio or video chat, via text, audio or video messaging, via forums or via message boards, whether within or outside of a game (“User Generated Content” or ”UGC”). The Guidelines are incorporated by reference into our Terms of Service.

The Guidelines are instructive but not exhaustive. OnLive shall have sole discretion to address any behavior or other UGC it considers inappropriate, regardless of whether the specific conduct is expressly prohibited by these Guidelines. OnLive will evaluate each incident and take whatever action it deems appropriate, which may include temporary or permanent suspension or closure of your access to all or part of the Service.
 
 
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