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116. Re: On OnLive Game Prices Jun 27, 2010, 19:44 Nere
2. Compliance with Law and Fraud Protection

OnLive expressly reserves the right to disclose Personal Information and any other information to third parties if we believe, in good faith, that we are required to do so by applicable law, including, but not limited to, disclosure to law enforcement or other government officials in connection with an investigation of claims of fraud, misappropriation or infringement of any intellectual property rights or other proprietary rights, or any other conduct or activity that is illegal or that may subject you or OnLive, its agents, employees, affiliates or others to any potential legal liability. OnLive reserves the right to disclose the Personal Information or any other information of a user who we believe is in violation of any policy or rule as posted on the Websites and Service, even without a subpoena, warrant, court order or other governmental request.
3. Sale or Transfer of Information

In the event of a sale, merger, liquidation, dissolution, or transfer of substantially all of the assets of OnLive, the Websites, and/or the Service, the personal information and/or other information collected about you from the Websites, and/or the Service may be sold, traded, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of OnLive, the Websites, and/or the Service in order to permit the party to continue the operation of any acquired assets. You consent to the sale and transfer of your information as described in this paragraph. If the successor entity intends to use your information for a purpose unrelated to that which it was originally collected, OnLive will contractually require the successor entity to provide you with notice of these new purposes and an opportunity to consent to such new purpose.

If you do not want your Personal Information to be collected by or shared with a third party as described in this Privacy Policy, do not provide your Personal Information to OnLive and/or the third party. Similarly, if you do not want your Personal Information to be collected by or shared with a third party that is involved with any particular Event, you can always choose not to participate in such Event. To opt-out of further communications from a third party with whom you have shared your personal information, please contact that third party directly. We may also send you emails that may contain information regarding third-party products or services; however, this doesn’t mean that we’ve provided your personal information to any party. You always have the opportunity to tell us that you do not wish to receive such correspondence. See the “Communications Preferences” section of this Privacy Policy. OnLive does not share your Personal Information with third parties for their direct marketing purposes.

OnLive allows you to change or correct inaccuracies to your Personal Information in your OnLive Account. Upon request, which you can indicate by sending an email to, OnLive will provide you within fifteen (15) business days of your request a readable copy of any Personal Information which we keep about you that is not in your online Account. We may require proof of your identity and will provide the Personal Information for a nominal processing fee. We reserve the right to refuse to provide you with a copy of your Personal Information, but will give reasons for our refusal and we will allow you to challenge our decision.

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 of Service for the OnLive Game Service (“Terms of Service”), 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.

Closing Your Account


You may close your Account at any time, however, OnLive may close an Account if the Account is suspended and not resumed within the twelve (12) month maximum suspension period, as detailed in Suspending Your Account, above, or under certain conditions specified in the Terms of Service. Closing your Account will immediately and permanently terminate your access to the Service using the closed Account; immediately and permanently terminate your access to all content, messages, services on the Service that the closed Account would otherwise have access to or could derive value from; and result in your immediate and permanent forfeiture of any coupons, access passes, credits, or anything that may be of value directly or indirectly associated with the Account, if any, whether purchased or not. Any remaining payments due on the Account will remain due and collectable after the Account is closed until they are repaid. If you decide to close your Account, please contact OnLive Customer Service from the Support section of the OnLive website. Within six (6) months after closing your account or after any payments due on the Account are paid, whichever is later, we will delete all Personal Information other than (a) login-related information, such as your Player Tag, password, and email address, and (b) financial records as required for accounting, revenue-reporting and tax-reporting purposes. We will retain your Personal Information for up to six months or until fees due are repaid after closing your Account to provide a means to restore the account in the event of an erroneous closure, to mitigate potential Account misconduct and to facilitate collection of any payments due. We will retain transaction-related information as required by law, to meet the requirements of our corporate accounting practices or as required to fulfill our obligations to our content and service providers and licensors. Please note that even after you remove information from your Account or delete your Account, copies of that information may remain viewable elsewhere to the extent such information has been shared with others, it was otherwise distributed, or it was copied or stored by other users.

OnLive does not delete login-related information, such as your Player Tag, password, or email address. We keep this information in order to prevent fraudulent conduct under your Account and to enable us to adhere to your requests either to send or not to send marketing-related communications to you.

If you engage in any repeated or objectionable misconduct, to be determined within OnLive’s sole discretion, OnLive reserves the right to either suspend or close your Account, in OnLive’s sole discretion, immediately and without notice as set forth in the “Suspending Your Account” and “Closing Your Account” sections herein. Refer to the OnLive Community Guidelines for examples of objectionable conduct.

When you make a purchase through the OnLive Websites or Service, we collect your credit card information. However, OnLive does not store, maintain, or process that information. Rather, OnLive uses trusted third party vendors to process and store your credit card information. These vendors are required to comply with applicable federal and state data security regulations, including Payment Card Industry Standards which require the safe, secure and confidential processing and storage of credit card information.

If you do not want OnLive to send you communications such as newsletters, announcements, or promotional offers, you may opt-out from receiving these communications at the time your Personal Information is originally collected through the communications preferences in your Account management page. Or, if you’d like to opt-out at a later date, opt-out instructions as well as instructions to update communications preferences will be included in the bottom portion of each email we send to you. You may also contact us by regular mail at the address listed in the “Contact Us” section herein. Please note that you may not opt-out from certain transactional or relationship messages (e.g., billing matters, Account reminders, legal updates) concerning your Account or products or services that you purchase from OnLive or that you use on the Service.

The Websites may contain links to third-party websites. Please be aware that OnLive cannot control and is not responsible for the information collection practices of such websites, which may differ from those of OnLive. We encourage you to review and understand the privacy policies of these websites before providing any information to them.
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