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Plain-English summary
This terms of service includes a mandatory arbitration clause and a class action waiver, which limits your ability to resolve disputes in court (risk_flags-1). If you create custom content using the service's tools, you will lose all ownership rights to that content immediately upon its creation (risk_flags-2). You also grant Take-Two a very broad license to your user-generated content, allowing them to use it for various commercial and non-commercial purposes without compensation (data_use-1). Furthermore, you have no ownership rights over virtual items purchased or acquired within the service, and Take-Two can modify or delete them without notice or liability (gotchas-1). If you terminate your use of the services due to modified terms, you will remain liable for any unpaid amounts (cancellation_renewal-1), and you may lose access to the services and your account if you don't agree to the new terms (cancellation_renewal-2). Lastly, parents or guardians are legally and financially responsible for all actions of minors using the services (gotchas-3), and the use of services for Generative AI Tools is explicitly prohibited (gotchas-2).
92% confidence
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Risk Flags
These are policies that flag a potential for significant user harm. Systemic issues like limited liability, content rights grabs, or dispute mechanisms that favor the service are often found here.
high95% confidence
Mandatory Arbitration and Class Action Waiver
The agreement includes a mandatory arbitration clause and a waiver of class action and jury trial rights for users in the United States and certain other territories.
Why it matters: If you are a user residing in the United States or a territory other than Australia, Switzerland, the United Kingdom, or the European Economic Area, you will be required to resolve most disputes through individual arbitration, waiving your right to a jury trial and participation in class action lawsuits.
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.
When you create Custom Content using the provided tools, you automatically assign all rights, title, and interest in that Custom Content, including intellectual property rights, to Take-Two upon its creation.
Why it matters: You will not own any intellectual property rights in Custom Content created using the service's tools; ownership is directly assigned to Take-Two.
If, under applicable law, your creation of Custom Content results in you holding any intellectual property rights in such Custom Content then, in exchange for the rights licensed to you in this Agreement, 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).
User Generated and Custom Content, paragraph 4 · Citation strength: strong
Data Use
These clauses cover how the organization collects, processes, and shares your personal information and content.
medium90% confidence
Broad License to User Generated Content (UGC)
Users grant Take-Two an irrevocable, worldwide, royalty-free, non-exclusive, and sublicensable right to use, reproduce, edit, modify, adapt, create derivative works, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, and otherwise exploit Your UGC, without compensation or notice, for commercial and non-commercial purposes related to the services, including improvement.
Why it matters: Take-Two can use your User Generated Content (UGC) very broadly, including for commercial purposes and to allow other users to use your UGC, without further compensation or notification to you.
If you do hold any such rights to Your UGC, including any copyright or other intellectual property interest, then, in exchange for the rights licensed to you in this Agreement, you hereby grant us an irrevocable, worldwide, royalty-free, non-exclusive and sublicensable right to use, reproduce, edit, modify, adapt, create derivative works based on, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, and otherwise exploit Your UGC within or via the Services or for any other commercial and non-commercial purpose related to the Services, including but not limited to the improvement of the Services, without compensation or notice, for the full duration
User Generated and Custom Content, paragraph 2 · Citation strength: strong
Cancellation and Renewal
These clauses describe how subscriptions or services renew, how to cancel them, and any associated costs or penalties.
medium90% confidence
No Release from Unpaid Liabilities Upon Termination
If you terminate your use of the services due to a modified agreement, you remain liable for any unpaid amounts due to any Digital Storefront.
Why it matters: Even if you stop using the services because you don't agree to new terms, you are still obligated to pay any outstanding amounts.
If you do not wish to agree to the modified Agreement, you may terminate your use of the Services, but you will remain liable for any unpaid amounts due and payable to any Digital Storefront as set out in Section 9 below.
These are non-obvious clauses which may result in an undesirable outcome for the user.
high95% confidence
No Ownership of Virtual Items and Right to Modify/Delete
You have no ownership or other rights in Virtual Items or your Account, and Take-Two reserves the right to modify, delete, move, remove, or suspend any Virtual Items at any time with or without notice and with no liability to you.
Why it matters: You do not own any Virtual Items you 'purchase' or acquire, and Take-Two can take them away or alter them at any time without notice or liability to you.
. You agree that you have no ownership or other rights in or to any Virtual Items or your Account.
The limited license granted does not authorize the use of the services, virtual items, or your account to develop, train, enhance, or promote any Generative AI Tools, and such uses are explicitly prohibited.
Why it matters: You are explicitly forbidden from using Take-Two's services, virtual items, or your account for any purpose related to Generative AI Tools, including developing or training them.
Without limiting the foregoing, nothing in the limited license granted in this Agreement authorizes the use of the Services (including the Content), Virtual Items, or your Account in any manner to develop, train, enhance, or provide source material for, or promote, any Generative AI Tools; and any such uses are hereby explicitly prohibited.
If you accept the agreement on behalf of a minor, you are legally and financially responsible for all of the minor’s actions while using the services, including those not explicitly authorized by you.
Why it matters: As the parent or legal guardian, you are fully accountable for any unauthorized actions or misconduct of a minor using the services under your agreement.
If you are the parent or guardian of a Minor and you agreed to this Agreement on their behalf, you agree that you will be responsible for all uses of the Services, including any Virtual Items or Accounts, by that Minor whether or not such uses were explicitly authorized by you. You are legally and financially responsible for all of your actions while using or accessing the Services, including the actions of anyone you allow to access the Services or your Account.
Take-Two reserves the right to deny the creation of any account for any legitimate reason.
Why it matters: Take-Two can deny your request to create an account without needing to provide a specific reason.
We have the right to deny the creation of any Account, for any legitimate reason, and we reserve the right to terminate any Account that violates this Agreement in accordance with the termination provisions below and to delete any Account information in accordance with our [Privacy Policy](http://www.take2games.com/privacy).
These clauses are beneficial to the user and outline ways the organization protects user rights and privacy.
Protection95% confidence
Consumer Law Rights Not Limited
Nothing in the agreement is intended to limit or exclude your rights under any mandatory consumer laws in your jurisdiction of residence.
Why it helps: This clause explicitly states that your mandatory consumer rights in your local jurisdiction are protected and not diminished by the terms of this agreement.
Nothing in this Agreement is intended to limit or exclude your rights under any mandatory consumer laws in your jurisdiction of residence.