Microsoft Adds Do-Not-Sue Clause to Xbox Live Terms and Conditions

Microsoft's regular Xbox 360 Fall Update, officially due for release on the 6th December but delayed until the 7th due to a last-minute technical hitch, brings some impressive new functionality to the system - but a change to the terms and conditions of use has consumer rights activists up in arms.

The update gives Microsoft's flagship console a new interface, designed to mimic the 'Metro UI' used by the company's Windows Phone and upcoming Windows 8 operating systems, along with new streaming media features from partners including Lovefilm and Channel 4 and cloud storage functionality for saved games.

Sadly, not all the changes are positive: mimicking a move made by gaming rival Sony earlier this year, Microsoft has changed the terms and conditions associated with the use of its console to prevent its customers from suing - either as an individual or as a member of a class action.

The terms and conditions must be agreed to before the console can be used on Xbox Live, Microsoft's multi-player gaming service, but the wording of the changes - which can be found in sections 18.1.4 and 18.1.6 - indicates that the waiver is only valid for those located within the United States.

Microsoft has confirmed to gaming blog Kotaku that the terms and conditions are mandatory, and that anyone disagreeing with the conditions must cease using Xbox Live - even if, as a 'Gold Member,' they have paid an annual subscription fee up-front.