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 the “Suspending Your Account” section, 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.
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, until your Account is closed by either you or OnLive.
14. Copyright Policy
OnLive respects the intellectual property of others and we expect our users to do the same. If you are a copyright owner or authorized to act on behalf of a copyright owner and believe that any content or material provided through or in connection with the Service infringes any copyright you own or for which you are authorized to act on behalf of the copyright owner, please provide OnLive’s Agent for Notice with written or electronic notice containing the following:
DMCA Notice of Alleged Infringement (“Notice”)
1. A description of the copyrighted work(s) you claim has been infringed.
2. A description of the allegedly infringing content or material, including the location on the Service of the allegedly infringing content or material with sufficient detail to enable us to locate it on the Service.
3. Your address, telephone number, and email address.
4. Both of the following statements outlined in the Notice:
* “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
* “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.”
5. Your full legal name and your electronic or physical signature.
Please send all of the above to:
Copyright Agent c/o OnLive, Inc.
181 Lytton Ave.
Palo Alto, CA 94301
Main: (650) 543-5500
Fax: (650) 543-5595
Or by email to:
Governing Law and Jurisdiction
OnLive will make a confidential binding arbitration option available for any claim (excepting injunctive relief and specific performance) where the total amount of the award sought is less than $10,000. Any such arbitration shall take place before an arbitrator from the Judicial Arbitration Mediation Service (“JAMS”) as mutually agreed upon by you and OnLive and shall proceed in accordance with the then current rules and procedures of JAMS mutually agreed upon by you and OnLive in writing. The arbitration shall take place in Palo Alto, California.
16. Injunctive Relief
If you breach or indicate your intention to breach the Terms (including, without limitation, in a manner that infringes, misappropriates or violates any intellectual property or privacy rights or may cause irreparable or continuing harm), OnLive may seek injunctive relief against you, or any other appropriate relief.
17. Representations and Warranties
You represent and warrant that (i) you have the full power and authority to enter and perform under the Terms, (ii) the execution and performance of your obligations under the Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, and (iii) the Terms are a legal, valid, and binding obligation of you, enforceable in accordance with its terms and conditions.
You agree to defend, indemnify and hold OnLive, its directors, officers, employees, contractors, affiliates, suppliers, and licensors (collectively “OnLive Indemnified Parties”) harmless from any liability, damage, settlement, loss, or expense (including, without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or made against any of the OnLive Indemnified Parties arising out of or relating to (a) any violation by you of any of the Terms, (b) any act or omission by or on behalf of you or arising out of your use of the Service, (c) any unauthorized modification or alteration of any hardware or software made available to you in connection with the Service and/or (d) any information, content or materials (including, without limitation, any Feedback (as defined below) or UGC) provided or made available by you. If you have to indemnify any of the OnLive Indemnified Parties under this Section 17, OnLive and/or the relevant OnLive Indemnified Parties will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without OnLive’s prior express written permission.
ONLIVE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONLIVE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF INACCURACIES OR ERRORS, OR (III) WILL BE FREE OF VIRUSES OR OTHER HARMFUL SOFTWARE COMPONENTS. ONLIVE UTILIZES THE INTERNET, WHICH BY ITS VERY NATURE CAN BE UNRELIABLE AND UNPREDICTABLE. INTERNET CONNECTION AND RELIABILITY PROBLEMS MAY REDUCE SERVICE QUALITY AND IN SOME CASES MAKE THE SERVICE UNAVAILABLE. ONLIVE DISCLAIMS ANY LIABILITY ASSOCIATED WITH PROVISION OF THE SERVICE OR FAILURE TO PROVIDE THE SERVICE ASSOCIATED WITH INTERNET CONNECTION AND RELIABILITY PROBLEMS. IN ADDITION TO AN INTERNET CONNECTION, THE SERVICE ALSO REQUIRES SUITABLE, CAPABLE, RELIABLE, AND FULLY OPERATIONAL DEVICES AND SOFTWARE, WHICH ARE ALL OUTSIDE OF ONLIVE’S CONTROL. ONLIVE DISCLAIMS ANY LIABILITY ASSOCIATED WITH PROVISION OF THE SERVICE OR FAILURE TO PROVIDE THE SERVICE ASSOCIATED WITH DEVICES AND SOFTWARE OUTSIDE OF ONLIVE’S CONTROL SUCH AS COMPUTERS, DISPLAYS, TELEVISIONS, INPUT DEVICES, SWITCHES, ROUTERS, FIREWALLS, OPERATING SYSTEMS, AND BROWSERS. ONLIVE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE, STATEMENTS OR INFORMATION OBTAINED BY YOU FROM ONLIVE OR ANY OF ITS REPRESENTATIVES OR FROM ANY THIRD PARTY OR THROUGH THE SERVICE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THE TERMS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW. ONLIVE IS NOT RESPONSIBLE FOR ANY INTERNET, TELEPHONE, WIRELESS, OR OTHER FEES ASSOCIATED WITH YOUR USE OR ACCESS OF ANY SERVICE, PRODUCT, OR CONTENT THROUGH THE ONLIVE SERVICE, INCLUDING YOUR USE OR ACCESS OF ANY FREE SERVICE, PRODUCT, OR CONTENT THROUGH THE ONLIVE SERVICE.
20. LIMITATION OF LIABILITY
IN NO EVENT WILL ONLIVE OR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU OR FOR ANY LOSS OF PROFIT, LOSS OF GOODWILL, WORK STOPPAGE, LOSS OR CORRUPTION OF DATA, SOFTWARE OR HARDWARE (INCLUDING, WITHOUT LIMITATION, COMPUTER) FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES ARISING FROM OR RELATING TO ANY USE OF THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY AND EVEN IF ONLIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND THAT ONLIVE WILL IN NO EVENT BE LIABLE FOR ANY CHANGES WHICH ONLIVE MAY MAKE TO THE SERVICE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE OR ANY OF ITS FEATURES, EVEN IN THE EVENT OF, WITHOUT LIMITATION, FAULT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF ANY REPRESENTATION OR WARRANTY. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES AND LOSSES APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.