Take-Two Interactive

If you live in the US (or almost anywhere else), you give up your right to sue Take-Two in court or join a class action. Disputes go to binding individual arbitration, and an arbitrator — not a judge — even decides whether the arbitration clause itself is enforceable (17.5(1)). Only residents of Australia, Switzerland, the UK, and the EEA are exempt.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS FOR ALL USERS RESIDING IN THE UNITED STATES AND ANY OTHER TERRITORY OTHER THAN AUSTRALIA, SWITZERLAND, THE UNITED KINGDOM, OR THE TERRITORIES OF THE EUROPEAN ECONOMIC AREA. (Section 17 preamble)

Take-Two Terms of Service

The escape hatch exists, but it's deliberately hard to use: no email or online form — you must physically mail or courier a signed letter to New York within 30 days of first accepting, and it must include your name, address, email, account name, and user ID. Most players will never know or bother.

You have the right to opt out of this Arbitration Agreement. If you wish to opt-out, you must notify us in writing within 30 days of the date that you first accept this Agreement ('Opt-Out Notice'). ... Your Opt-Out Notice must be sent by mail or professional courier service to: Take-Two Interactive Software, Inc. ATTN: LEGAL DEPARTMENT — ARBITRATION OPT-OUT, 110 West 44th Street, New York, NY 10036, United States of America. (Section 17.5(3))

Take-Two Terms of Service

Take-Two openly admits it sells or shares your device identifiers, IP address, browsing/gameplay activity, and inferred profile data with third-party ad companies for targeted advertising. They also build 'Profile Inferences' to predict what goods and services may interest you.

In the last 12 months, Take-Two has sold and/or shared unique identifiers, IP address, as well as Internet/Electronic Activity and Profile Inferences with third-party advertising providers to enable us to provide personalized advertising to you and others like you. (When We Share Information)

Take-Two Interactive Software Privacy Policy

The virtual currency and items you buy with real money (e.g., in GTA Online or NBA 2K) are not yours — you only hold a revocable license. Take-Two can wipe, change, or remove them at any time, without telling you, and owes you nothing. You also agree 'you have no ownership or other rights in or to any Virtual Items or your Account.'

Virtual Items have no monetary value, cannot be used outside of the Services, and may not be sold, transferred or redeemed for real money or items of value outside of the Services... We have the right to modify, delete, move, remove, or suspend any Virtual Items at any time with or without notice to you and with no liability of any kind to you. (Section 4.2)

Take-Two Terms of Service

Take-Two can rewrite the deal whenever it wants, including the arbitration clause (17.5(10)). Notice is only 'tried' ('we will try to notify you'), and simply continuing to play counts as accepting. If you refuse the new terms, your remedy is quitting — and losing access to games you paid for.

We reserve the right to modify this Agreement, in whole or in part, at any time. If you do not wish to agree to the modified Agreement, you may terminate your use of the Services, but ... you may also lose access to the Services or your Account once the modified Agreement takes effect. ... If we materially modify this Agreement, we will try to notify you of any such modifications... By actively accepting the modified Agreement, or by continuing to use the Services after the modified Agreement becomes effective, you agree to be bound by the modified terms of this Agreement. (Section 3)

Take-Two Terms of Service

They can ban your account and cut off access to your purchased games for any reason — or no reason at all. And per 12.4, all your licenses terminate immediately. Meanwhile your liability cap is tiny: Take-Two's max liability is 'the greater of USD $500 or the amount you have spent on the Services at issue in your claim in the 24 months preceding the date your claim arose' (17.4).

For any Services, Virtual Items, and/or Account provided to you for an indefinite period of time, we have the right to terminate this Agreement and your access to the Services, Virtual Items and your Account, or cease providing such Services, at any time for any reason in our sole discretion. (Section 12.2)

Take-Two Terms of Service

Anything you create in their games — custom levels, maps, screenshots, clips — is assigned to Take-Two outright, forever. Your other uploads (posts, videos, chat content) come with an irrevocable, royalty-free, worldwide license they can sublicense and monetize without paying or even notifying you.

You hereby freely assign us, upon the creation of such Custom Content, all right, title, and interest in and to such Custom Content, including without limitation, all intellectual property rights throughout the world for the full duration of such intellectual property rights (including all revivals, reversions, and extensions of those rights). (Section 5.4) — plus Section 5.2: you grant Take-Two 'an irrevocable, worldwide, royalty-free, non-exclusive and sublicensable right to use, reproduce, edit, modify, adapt, create derivative works based on... and otherwise exploit Your UGC... for any other commercial and non-commercial purpose related to the Services... without compensation or notice, for the full duration of the intellectual property rights pertaining to Your UGC (including all revivals, reversions, and extensions of those rights).'

Take-Two Terms of Service