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Take-Two Interactive Software, Inc. Terms of Service

Effective Date: December 5, 2007
Revised: December 5, 2007

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.

1. Description Of Online Services
2. Trademark And Copyright Information
3. Code Of Conduct
4. Limited License By The Company
5. License To The Company
6. Making Purchases
7. Ringtones, Wallpapers, And Other Mobile Phone Services & Products
8. Warranty Disclaimer
9. Void Where Prohibited
10. Indemnification
11. Litigation Issues
12. Termination
13. Miscellaneous
14. Designated Agent Under the Digital Millenium Copyright Act
15. Repeat Infringer Policy
16. Submissions 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 Software, Inc. All rights reserved.

Rockstar Games, 2K Games, 2K Sports, 2K Play, 2K Boston, 2K Australia, and related logos are trademarks and/or registered trademarks of Take-Two Interactive Software, Inc.

"PlayStation", "PLAYSTATION", "PS" Family logo, and "PSP" are registered trademarks of Sony Computer Entertainment Inc. Memory Stick Duo� may be required (sold separately). The online icon is a trademark of Sony Computer Entertainment America Inc. Online play requires internet connection and Memory Card (8MB) (for PlayStation 2) (each sold separately).

�, �, 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.

24� and � 2006 Twentieth Century Fox Film Corporateion All Rights reserved.

Family Guy� and � 2006 Twentieth Century Fox Film Corporateion All Rights reserved.

Marvel, The Fantastic Four, Silver Surfer, and all related Marvel characters and the distinctive likeness(es) thereof are trademarks of Marvel Characters Inc. and are used with permission. � 2007 Marvel Characters Inc. All rights reserved. www.marvel.com. Fantastic Four: Rise of the Silver Surfer Motion Picture and images from the Motion Picture: � 2007 Twentieth Century Fox Film Corporation.

Marvel, Ghost Rider the character � and � 2006 Marvel Characters, Inc. All rights reserved. www.marvel.com. Ghost Rider, Motion Picture Artwork Copyright 2006 Columbia Pictures Industries, Inc. All Rights Reserved.

The Da Vinci Code: � and � 2006 Columbia Pictures Industries, Inc. All rights reserved.

The Darkness is � Top Cow Productions, Inc. "The Darkness," the Darkness logos, and the likeness of all featured characters are registered trademarks of Top Cow Productions, Inc.

Zathura: � & � 2005 Columbia Pictures Industries Inc. All Rights Reserved.

All other trademarks are the property of their respective owners.

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 webmaster@take2games.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 webmaster@take2games.com.

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.

MAKING PURCHASES
If you wish to purchase products or services described in the Online Services, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Click here to see the Company privacy policy.

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.

WARRANTY DISCLAIMER
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.

THE COMPANY, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE ONLINE SERVICES, OR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE ONLINE SERVICES, AND/OR ANY THIRD PARTY SITES IS TO STOP USING THE WEBSITE(S) CONCERNED AND/OR THOSE SERVICES. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE, THE ONLINE SERVICES AND/OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE, THE ONLINE SERVICES, OR ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS. FOR THE AVOIDANCE OF DOUBT, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THIS WEBSITE WILL BE UPDATED (IF AT ALL).

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.

INDEMNIFICATION
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.

LITIGATION ISSUES
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.

TERMINATION
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.

MISCELLANEOUS
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.

DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
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 Software, Inc.
Address of Designated Agent:
Take-Two Interactive Software, Inc.
622 Broadway
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: copyright@take2games.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:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

REPEAT INFRINGER POLICY
In 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.

SUBMISSIONS POLICY
PLEASE NOTE: Take-Two Interactive Software, Inc and its subsidiaries, Rockstar Games, 2K Games, 2K Sports, 2K Play, and Jack of All Games welcome input from the gaming community. However, any submissions to Take-Two Interactive Software of any nature whatsoever, whether through this site or otherwise, and whether via electronic or other means, become the sole and exclusive property of Take-Two Interactive Software, which shall have full right, title and interest thereto, including under copyright, in all media now existing or hereafter created, and without any obligation to account 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 to Take-Two Interactive Software, you hereby agree to all of the foregoing.

TAKE TWO INTERACTIVE'S ONLINE PRIVACY STATEMENT

Take Two Interactive Software, Inc. and its subsidiary companies ("collectively referred to as Take Two Interactive") respect the privacy rights of our online visitors and are committed to protecting the personal information collected about you. We have adopted this Online Privacy Statement to guide how we collect, store, and use the information you provide us online.

This Online Privacy Statement (or "Privacy Policy") and the certification seal located on this page to your right confirm that Take Two Interactive is a valid licensee and participating member in the Entertainment Software Rating Board's Privacy Online Program: ESRB Privacy Online. To protect your privacy, we have voluntarily undertaken this privacy initiative and Take Two Interactive has been reviewed and certified by ESRB Privacy Online to meet established online information collection and use practices. As part of this privacy program, we are subject to frequent audits of our site and other enforcement and accountability mechanisms administered independently by ESRB.

Whenever you visit a Web site that displays the ESRB Privacy Online certification seal, you can expect to be notified of:

What does this Privacy Policy apply to?

This Privacy Policy currently applies to the following websites operated by Take Two Interactive:

  • www.take2games.com
  • www.rockstargames.com
  • www.2kgames.com
  • www.2ksports.com
  • www.firaxis.com
  • www.globalstarsoftware.com
  • www.gathering.com

In addition, Take Two Interactive may also own several other domain names that point to the websites listed above, and we may from time to time add new sites.

Please note that this Privacy Policy applies only to information submitted and collected online through the websites listed above, and does not apply to information that may be collected by Take Two Interactive offline. In addition, this Privacy Policy applies only to sites listed above and not to websites maintained by other companies or organizations to which we link, including our international affiliates. Take Two Interactive cannot and does not guarantee the security of any personal information disclosed on those sites. In addition, please note that we may hire vendors (agents or contractors) to collect personal information on our behalf and in such cases such vendors will be instructed to comply with our Online Privacy Statement as set forth herein.

By using and submitting personal information to the websites listed above, you signify your assent to this Privacy Policy. If you do not agree to this Privacy Policy, please do not use our websites. We reserve the right to make changes to this Privacy Policy. Please check back from time to time to ensure that you are aware of these changes. If we make a material change to this Privacy Policy, we will notify you by posting the change on our websites and, if necessary, give you additional choices regarding such change. Your continued use of our websites will signify your acceptance of these changes.

What information does Take Two Interactive collect?

Take Two Interactive only collects personal information from you on a voluntary basis. When you submit personal information to Take Two Interactive, it will usually take the form of:

  • Website registration;
  • Game-specific registration;
  • Newsletter subscription;
  • Participation in contests, sweepstakes, or other promotions;
  • Participation in our message boards or chat rooms;
  • Purchasing a product or service through our online store;
  • Product registration;
  • E-cards and "email this page" features;
  • Technical support;
  • Demo downloads and other program downloads; or,
  • Polls, surveys, or questionnaires.

The types of information collected in connection with the activities listed above will vary depending on the activity. The information we collect may include personal information such as your first and/or last name, e-mail address, phone number, mailing address, and for those purchasing a product/service online, credit card and shipping information. In addition, we may collect demographic information such as your age or date of birth, gender, occupation, interests, favorite styles of gaming and the systems or games you own or plan to buy. If demographic information is collected for an activity that also requires personal information, we may combine the demographic information with your personal information. On pages where you can send content to a third party; although we ask for a recipient's email address, we don't store this information, but rather delete it from our system after the message is sent.

Whatever the activity may be and no matter how we use your information, we will only collect information to the extent deemed reasonably necessary to fulfill your requests and our legitimate business objectives.

  • A Special Note about our Message Boards

    Whenever you give out personal information in public areas such as on a message board or chat room, that information can be collected and used by people you don't know. While we strive to protect those who wish to participate in these forums, we cannot guarantee the security of any information you post in these areas.

  • Resumes

    Take Two Interactive allows for the online submission of resumes. Personal information collected from resumes will be used solely for the purpose of accepting and evaluating candidate submissions for job postings, and is therefore not governed by this Privacy Policy. Information obtained from resumes may be shared within Take Two Interactive.

  • Investor Relations

    Take Two Interactive provides investor relations materials on its websites. Personal information collected on the investor relations' portion of the Take Two Interactive website is used solely in a business capacity and is not governed by this Privacy Policy.

  • Email Correspondence

    Take Two Interactive may provide on its websites e-mail addresses to which visitors can send us questions or comments, or which visitors can use to request customer support. In the process of receiving and responding to such requests, we may collect personal information about you, such as your e-mail address or any other personal data contained in the body of your e-mail message. By allowing you to send us these requests, we are not attempting to solicit personal information from you. We only use the information for the purpose of responding to your questions and/or comments or to provide customer support. In most cases, your message is deleted immediately after we've resolved your inquiry; however, in some instances, hard copies of your requests may be kept on file for our records or for quality control purposes. If we have actual knowledge that the person with whom we're communicating is a child, we delete the child's e-mail address and message immediately after responding.

    What happens if I refuse to provide my personal information?

    Your refusal to submit personal information may limit your ability to participate in some of our activities such as sweepstakes or to purchase a Take Two Interactive product online. However, you do not need to provide us personal information in order to use our websites.

    Does Take Two Interactive use cookies, track IP Addresses or use other passive means to collect information?

    Take Two Interactive may use cookies on its website. A "cookie" is a small bit of record-keeping information that websites often store on a user's computer. Cookies generally do not include people's names, e-mail addresses, or other information that is personally identifiable; they are typically used to quickly identify a user's computer and to "remember" things about the user's visit (such as the products placed in your shopping cart). You can always disable cookies or set your browser to alert you when cookies are being sent to your computer; however, disabling cookies may affect your ability to use certain portions of our websites (e.g., online store).

    Take Two Interactive may also keep track of Internet Protocol (IP) addresses for safety and security reasons. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.

    The only other information that may be passively collected by Take Two Interactive is in the form of logs - files that record website activity, including how many "hits" a particular web page is getting (a.k.a. "navigational data"). These entries are generated anonymously, and enable Take Two Interactive to assess overall website activity and users' browsing habits, track interest in advertised sales, and troubleshoot technical concerns. We also use the log file entries for our internal marketing and demographic studies, so we can constantly improve the online services we provide you. Log files are used internally only, and are not associated with any particular user, computer, or browser.

    Who is collecting my personal information and how will it be used?

    When you submit information while on a Take Two Interactive website, you are sharing that information with Take Two Interactive and its various divisions and subsidiaries, including but not limited to Rockstar Games, Gathering, Global Star Software, and Take Two Licensing, unless specifically stated otherwise. As a result of this sharing, you may receive communications from any of Take Two Interactive's divisions or subsidiaries. Take Two Interactive uses the submitted information to send you promotional materials, to provide you with access to our message boards, to fulfill product orders, and to respond to questions or technical problems. We also use your personal information for our internal marketing and demographic studies, so we can constantly improve the products and services we provide you and to better meet your needs.

    From time to time, Take Two Interactive may receive personal data such as email addresses from other sources or third party companies, and may send the holders of such email addresses notices about Take Two Interactive products. While we strive to provide the same level of protection to the information that we receive from other sources (as we do for personal information collected through our websites), such information is not subject to this Privacy Policy.

    From time to time, Take Two Interactive may employ vendors to collect personal information on Take Two Interactive's behalf. These vendors provide internal support to Take Two Interactive by operating some of the services we provide you including online product fulfillment and hosting of information collected through the Take Two Interactive websites. Although these vendors, not Take Two Interactive, may collect or maintain the personal information you submit while on the Take Two Interactive websites, Take Two Interactive still requires that they adhere to Take Two Interactive's stated privacy policies and that they not share your personal information with third parties.

    With whom does Take Two Interactive share my personal information?

    Take Two Interactive does not share your personal information with any third parties, except as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability. In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, Take Two Interactive's customer information may be transferred to our successor or assign.

    Can I choose how my personal information is used?

    If you do not want Take Two Interactive to send you communications such as newsletters or promotional offers, you may opt-out from receiving these communications at the time your personal information is collected or later by contacting us:

    • By phone at 646-536-2842
    • Via email at privacypolicy@take2games.com;or,
    • By regular mail at Take Two Interactive Software, Inc., 622 Broadway, New York, New York 10012.

    In addition, along with every newsletter sent to you, Take Two Interactive gives you the opportunity to discontinue receiving future newsletters.

    How do I access my personal information?

    If for any reason you wish to view, correct or delete the personal information collected about you, please send an email to privacypolicy@take2games.com, or write to us at Take Two Interactive Software, Inc., 622 Broadway, New York, New York 10012. We will review, update or remove information as appropriate.

    For certain features such as our message boards, you may be able to access and update your personal information using the online "Profile" section of those features.

    What is Take Two Interactive's policy regarding links to other sites?

    You should be aware that while you are on the Take Two Interactive websites you could be directed to other sites that are beyond our control. Because we cannot guarantee that the privacy policies of these websites meet our high standards and the requirements of the ESRB Privacy Online Program, we recommend reading the privacy policy of the website you link to before you submit any of your personal information.

    Does Take Two Interactive collect personal information from children under 13?

    Take Two Interactive does not knowingly collect personal information from children 12 years old or under. We encourage parents to instruct their children to never give out their real names, addresses or phone numbers, without permission, when using the Internet.

    What safeguards does Take Two Interactive use to protect my personal information?

    To protect your personal information, Take Two Interactive maintains appropriate safeguards to ensure the security, integrity and privacy of the information you have provided. Our websites have security measures in place to protect the loss, misuse and alteration of the information under our control. Personal information collected by Take Two Interactive is stored in secure operating environments that are not available to the public (e.g., locked rooms). To prevent unauthorized electronic access to personal information, Take Two Interactive maintains information collected online behind a firewall-protected server and uses SSL encryption for purchases made through our online store.

    How do I ask a question or file a complaint?

    Any questions or complaints about this Online Privacy Statement can be resolved by contacting our Privacy Policy Administrator at 646-536-2842; via email at privacypolicy@take2games.com; or, by regular mail at Take Two Interactive Software, Inc., Attn: Privacy Policy Administrator, 622 Broadway, New York, New York 10012.

    Take Two is a licensee of the ESRB's Privacy Online Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy/contact.jsp

    ESRB
    Attn.: Privacy Online Program
    317 Madison Avenue, 22nd Floor
    New York, NY 10017
    privacy@esrb.org

    Your California Privacy Rights

    Since 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. For inquires regarding our disclosure policy, please write us:

    Take Two Interactive Software, Inc.,
    622 Broadway
    New York, New York 10012
    Phone: 646-536-2842
    privacypolicy@take2games.com

    Last updated on January 2, 2008
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