NBA 2K24 Terms of Service Update: “If You Don’t Accept Terms, You Don’t Play”

The latest Terms of Service (TOS) update for NBA 2K24 – which will go into effect on February 28, 2024 – is undoubtedly a response to 2K being sued recently over microtransactions, and an attempt to protect themselves from future class-action lawsuits. In this article, we’ll go over the legal jargon and what it means for fans of the game going forward.

What Is the NBA 2K24 Terms of Service Update (Feb 2024)?

The Terms of Service (TOS) update by Take Two Interactive (2K’s parent company)  primarily adds a clause (in Section 15) that requires users to waive their right to class action lawsuits and other types of court proceedings, if users opt-in. It applies to users residing in the United States and any other territories other than Australia, Switzerland, United Kingdom, or the territories of the European Economic Area.

Another area to look at, is in Section 3, which deals with the lack of user ownership of Virtual Items. Virtual Items means “any virtual currency, goods, items, boosts, or effects such as, but not limited to, coins, points, gems, tokens, weapons, vehicles, cards, skins, power-ups, apparel, equipment, trophies, rewards, badges, or any other in-game virtual asset made available, purchased from a Digital Storefront, earned, or otherwise acquired.

How Does This Affect NBA 2K24 Users?

  • You won’t be able to sue 2K in a class-action lawsuit if you opt-in (Section 15)
  • Playing NBA 2K24 and virtual currency becomes a “play at your own risk” endeavor. According to their TOS, 2K has “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.” Users also agree that they “have no ownership or other rights in or to any Virtual Items or your Account.” (Section 3)

How Users Can Opt Out

Here’s what Take Two’s TOS says about users opting-out:

This binding individual arbitration requirement will not apply to the extent prohibited by the laws of your country or state of residence. You have the right to opt out of this Arbitration Agreement. You must notify us in writing within 30 days of the date that you first accept this Agreement (“Opt-Out Notice”) unless a longer period is required by applicable law.

Your Opt-Out Notice must be sent to:

Take-Two Interactive Software, Inc.


110 West 44th Street,

New York, New York, 10036

The Opt-Out Notice must include: (1) your full name; (2) your mailing address; (3) your Account name, if you have one; and (4) a clear, signed statement that you do not agree to the Arbitration Agreement. You are responsible for ensuring our receipt of your Opt-Out Notice; you therefore may want to send your notice using a delivery method that provides you with a written receipt of delivery.

2K Community’s Reaction

Overall, the reaction by the 2K Community to the upcoming TOS update has been overwhelmingly negative. Many fans online have said “this is the final straw” for them with 2K. But the number of users who opt-in to the new TOS after February 28 will reveal how serious fans are about taking a stand against the TOS or 2K, or if it’s just business as usual.

To read the full Take Two TOS that goes into effect on February 28, 2024, click here.

Disclaimer: this article is for informational purposes only and does not constitute legal advice.

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