Effective Date: January 30, 2007
Revised: August 10, 2010
TERMS & CONDITIONS
This document contains legal information, including the Terms and Conditions and Code of Conduct applicable to this website. Please read carefully.
This Internet website is the property of Take-Two Interactive Software, Inc., (the "Company").
The Company provides access to this website and any related services provided hereon subject to your compliance with the following Terms & Conditions. These Terms & Conditions constitute an agreement between you and the Company ("Agreement") that governs the relationship between you and the Company with respect to your use of this website and the related services. Thus, it is important that you read carefully and understand these Terms & Conditions.
Description Of Online Services
Trademark And Copyright Information
Code Of Conduct
Limited License By The Company
License To The Company
Ringtones, Wallpapers, And Other Mobile Phone Services & Products
Void Where Prohibited
Designated Agent Under the Digital Millenium Copyright Act
Repeat Infringer Policy
DESCRIPTION OF ONLINE SERVICES
Subject to full compliance with the Terms & Conditions, the Company may offer to provide certain services and content, as described more fully on the website (the website and services are collectively referred to herein as the "Online Services"). Online Services shall include, but not be limited to, any service or content the Company provides to you, including any materials displayed or performed on the website. The Company may change, suspend or discontinue the Online Services for any reason, at any time, including the availability of any feature or content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Online Services without notice or liability.
TRADEMARK AND COPYRIGHT INFORMATION
All Online Services material, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by the Company and is protected by copyright, trademark, and other intellectual property rights. The Online Services material is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of the Company in each instance. You may download material intentionally made available for downloading through the Online Services for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
©2006 Take Two Interactive. All rights reserved.
Rockstar Games, Rockstar North, Rockstar Leeds, Rockstar Lincoln, Rockstar San Diego, Rockstar Toronto, Rockstar Vancouver, the , 2K Sports, 2K Games, 2K Play, Irrational Games, Firaxis Games, and related logos are trademarks and/or registered trademarks of Take-Two Interactive Software, Inc.
"PlayStation" and the "PS" Family logo are registered trademarks and "PS3" and the PlayStation Network logo are trademarks of Sony Computer Entertainment Inc.
™, ®, Nintendo 64, N64, Game Boy Color, Game Boy Advance, Nintendo GameCube, Nintendo DS, and the Wii are trademarks of Nintendo. © 2006 Nintendo.
Microsoft, Xbox, Xbox 360, Xbox LIVE, and the Xbox logos are trademarks of the Microsoft group of companies.
The ratings icon is a trademark of the Entertainment Software Association.
The Warriors ® & © 2005 Paramount Pictures. All Rights Reserved.
All other trademarks are the property of their respective owners.
PLEASE NOTE: The Company welcomes input from the gaming community. However, any submissions to the Company of any nature whatsoever, whether through a posting on a Company website, email to the company, mail, or any other means, becomes the sole and exclusive property of the Company, which shall have full right, title and interest thereto, including all copyrights, in all mediums now existing or hereafter created, and without any obligation to account, credit, or make any payment to the submitter for any use thereof. No purported reservation of rights incorporated in or accompanying any submission shall have any force or effect. By making a submission of any kind to the Company, you hereby agree to all of the foregoing.
CODE OF CONDUCT
The following rules, policies, and disclaimers shall govern and/or apply to your use of the Online Services.
You agree, by using the Online Services, that: (1) you will only use the Online Services for lawful purposes, in compliance with applicable laws, for your own personal, non-commercial use; (2) you will not restrict or inhibit any other user from using and enjoying the Online Services provided hereon (for example, by means of hacking or defacement); (3) you will not use the Online Services to create, upload, or post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one's privacy, or otherwise in violation of any law; (4) you will not post, upload, or create any copyrighted material using the Online Services provided hereon unless you own the copyright in and to such material; (5) you will not post, upload, or transmit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (6) you will not post, upload, create, or transmit materials in violation of another party's copyright or other intellectual property rights; (7) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of the Online Services, or the contents of such website or services; and (8) you will not impersonate any other individual or entity in connection with your use of the Online Services.
When we provide online services involving user-posted messages or content, we do not review every posting, nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of the Company, its subsidiaries, or any person or property associated with the Company, the Online Services, this website, or any other website in the Company's family of websites. If you feel that any posting is objectionable, we encourage you to contact us by email at email@example.com. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately. We reserve the right to remove (or not) any posted message or content for any (or no) reason whatsoever. You remain solely responsible for your postings, and you agree to indemnify and hold harmless the Company and its agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the Online Services (including bulletin boards and chat rooms).
We reserve the right to reveal your identity (including whatever information we know about you) without notice to you in order to comply with applicable law, law enforcement agencies, to protect our rights, or protect the rights of other users of the Online Services.
LIMITED LICENSE BY THE COMPANY
The Company grants you a limited, non-sublicensable license to access and use the Online Services and to view, copy and print portions of the Online Services. Such license is subject to these Terms & Conditions, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Online Services for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Online Services, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Online Services; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Online Services other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Online Services (except for page caching), except as provided herein.
Except as expressly permitted above, any use of any portion of the Online Services without the prior written permission of the Company is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms & Conditions may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You represent and warrant that your use of the Online Services will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify the Company against any liability to any person arising out of your use of Online Services not in accordance with these Terms & Conditions.
To request permission for uses of the Online Services not included in the foregoing license, you may write to the Company at firstname.lastname@example.org.
LICENSE TO THE COMPANY
By posting messages, uploading files, creating files, inputting data, or engaging in any form of communication with or through the Online Services, you are granting the Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such material; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the material.
The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
RINGTONES, WALLPAPERS, AND OTHER MOBILE PHONE SERVICES & PRODUCTS
Certain mobile phone handsets and carriers offer services that enable consumers to select and purchase directly through their phone various digital mobile products. The Online Services may also offer the ability to select and purchase various digital mobile products that will be delivered to your phone. These digital mobile products offerings and products may enable the consumer to customize their phone or phone service (for example with ringtones or wallpaper), or allow the consumer to select certain video or audio files that can be viewed or listened to whenever the consumer chooses. All or some of the digital mobile products offerings may not be available on, transmissible to, or compatible with all handsets. As a result, consumers may not be able to access, purchase or make use of all the services or offerings. Any attempt to purchase these products or services may result in carrier charges being separately billed to your mobile phone account for SMS messaging or other communications. In addition, the consumer may be separately billed by the mobile carrier for the actual product, service or offering selected. In the event the consumer has a call waiting and an incoming call is received while accessing or ordering any mobile product or service, such product, service or other offering may be interrupted or may not completely download. You can unsubscribe from any Rockstar Games subscription service by sending the code "STOP" to the number 40477 using the subscribed handset. If you have questions about our digital mobile products, please contact mobile customer support at (866) 375-2127. This customer support number is for mobile products only. Please see http://www.rockstargames.com/support for support information regarding our other products.
THE COMPANY MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY, FROM TIME TO TIME, PROVIDE THIRD PARTY MATERIALS ON THIS WEBSITE. NEITHER THE COMPANY, ITS PARENT OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, ENDORSE, TAKE RESPONSIBILITY FOR, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS ON THIS WEBSITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE ONLINE SERVICES.
VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.
You agree to indemnify, defend, and hold harmless the Company and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
This Agreement is entered into in the State of New York and shall be governed by, and construed in accordance with, the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the Borough of Manhattan in the City of New York in the State of New York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party to this Agreement further agrees as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
The Company may terminate or suspend any and all Online Services and any registered account immediately, without prior notice or liability, for any reason, including if you breach any of the terms or conditions of the Terms & Conditions. Upon termination of your account, your right to use the Online Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Online Services. All provisions of the Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. The Company may modify the terms of this Agreement at any time in its sole discretion by posting a revised Agreement or, in the case of a material modification, by posting notice of such modification on a page of this website entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider's Designated Agent. If you believe in good faith that the Company should be notified of a possible online copyright infringement involving any Company website, please notify the Company's designated agent:
Service Provider: Take Two Interactive
Address of Designated Agent:
Take Two Interactive
New York, New York 10012
Attention: General Counsel
Telephone Number of Designated Agent: 646-536-2842
Facsimile Number of Designated Agent: 646-941-3566
Email Address of Designated Agent: email@example.com
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
REPEAT INFRINGER POLICYIn accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, registered accounts deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Online Services and/or terminate the account of anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
For NBA 2K video games: U.S. Patent No. 8,016,664; U.S. Patent No. 8,142,268; Patent Pending. All rights reserved.
For BioShock video games: U.S. Patent No. 8,237,722; U.S. Patent No. 8,368,693; Patent Pending. All rights reserved.