Professional Documents
Culture Documents
"Customer": means any person, company or other legal entity that uses YYG Property
(also referred to throughout as "you").
"Customer Content": means any content that Customers upload, post, share or
transmit to or through the YYG Platforms including without limitation any text,
videos, photographs, screenshots, images and links.
"Intellectual Property Rights": means any and all copyright, trade marks, service
marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain
names, design rights, database rights, patents, rights in inventions, know-how,
trade secrets and confidential information, rights in databases, rights in computer
software (including source code and object code), moral rights, author rights,
rental and lending rights, publicity rights, performance rights, synchronisation
rights, mechanical rights, publishing, rental, lending and transmission rights and
other intellectual property and exploitation rights of a similar or corresponding
character which may now or in the future subsist in any part of the world, in all
cases whether or not registered or registrable including all granted applications
and all applications for registration, division, continuation, reissuance,
renewals, extensions, restorations and reversions regarding any of the same.
"Publisher": means a person, company or other legal entity that creates or
publishes any Publisher Property.
"User Agreement": means this document and any documents that form part of it or are
related to it, as updated by YoYo Games from time to time.
"YoYo Games": that's us. We are YoYo Games Limited (company number 05260718) of
Ground Floor, Mid-City Place, 71 High Holborn, London WC1V 6DA, UK (also "we",
"us", and "our").
"YYG Platforms": means any YoYo Games platforms and websites (including the
GameMaker Showcase, GameMaker Learn, GameMaker Marketplace and GameMaker Community
features) as updated, replaced or expanded from time to time but excluding the YYG
Content and GameMaker.
"YYG Property": means: (i) YYG Platforms; (ii) YYG Content; (iii) GameMaker; and
(iv) any other YoYo Games products, services, intellectual property and materials
of any kind, in each case including all Intellectual Property Rights in and updates
and modifications to the same.
(i) Only use them for any personal or commercial purposes authorised under this
User Agreement.
(ii) Do not copy, modify, merge, distribute, translate, rent, lend, lease, reverse
engineer, decompile, disassemble or create derivative works of: (i) Publisher
Property (unless specifically agreed otherwise with the relevant Publisher); or
(ii) the YYG Property.
(iii) Do not hack, harm, grief or misuse them or use any viruses or other harmful
software in connection with them.
(iv) Do not create or use exploits, automation software (aka 'bots') or other
software or do anything else to give you an unfair advantage regarding them (or try
to circumvent or harm software meant to stop these things).
(v) Do not interfere with them or their network software or other software
including via tunneling, code injection, modifying or changing the software, using
any other software together with them, through protocol emulation or through
creation or use of private servers regarding them.
(vi) Do not use them to access, copy, transfer, transcode or retransmit content in
breach of any laws or third party rights.
(vii) Do not remove, obscure or alter YoYo Games' or any third party's copyright,
trade mark or other proprietary notices or documentation regarding them, nor use
any YoYo Games or other trademarks for your own purposes other than as explicitly
permitted in the Brand Usage Guidelines.
(viii) Do not do or say anything which is or may be considered threatening,
abusive, obscene, racist, xenophobic, sexist, defamatory, pornographic, sexually
explicit or otherwise offensive or illegal. This includes masked words (---),
acronyms and abbreviations.
(ix) Do not submit personal information of other persons without their consent.
(x) Do not use the YYG Property for commercial product promotions, off-topic
messages or political purposes; no spam, chain letters, pyramid schemes or
fraudulent or deceptive messages; no false claims of affiliation with any third
party.
7. INTELLECTUAL PROPERTY AND OWNERSHIP
7.1. Publisher Property. Each Publisher is the owner or licensor of its Publisher
Property and all Intellectual Property Rights in it.
7.2. Ownership of YYG Property. We are the sole and exclusive owner of the YYG
Property and all Intellectual Property Rights in it. All rights not expressly
licensed or granted to you under this User Agreement are expressly reserved to us.
YYG Property is licensed not sold.
7.3. Educational Institution Content. As between YoYo Games and an Educational
Institution, the Educational Institution is the owner or licensor of any content
created under an Educational Institutional Licence. Educational Institutions are
solely responsibility for addressing ownership and intellectual property matters as
between itself and its students.
7.4. Customer Content. You retain ownership of any rights you may have in your
Customer Content.
7.5. Feedback. You are welcome to give us feedback and suggestions to improve the
YYG Property ("Feedback") - in such case you can contact us at help.yoyogames.com.
We appreciate your Feedback, but we may choose to use, not use or accept it at our
sole discretion. In any event and regardless of how it is communicated to us, YYG
will be the sole and exclusive owner of all Feedback you provide to us and we may
at our discretion review, keep and/or use all Feedback in any way, commercial or
otherwise, without any obligations or liability to you, financial or otherwise. By
submitting any Feedback you assign to us absolutely with full title guarantee all
right, title and interest you have in the Feedback and agree not to assert any
moral, personal, publicity or other equivalent rights anywhere in the world in
relation to the Feedback, including without limitation the right to be identified,
the right of integrity and the right against false attribution.
7.6. Third Party Software. The YYG Platforms incorporate and/or contain third party
software (the "Third Party Software"), which is subject to and provided in
accordance with certain terms and conditions that are in addition to and/or may
vary from the terms set forth in this Agreement. Such terms are included or
referenced in, from time to time, the applicable Third Party Software licence
available at https://www.yoyogames.com/legal/thirdpartysoftware (collectively, the
"Third Party Software Terms"). By accepting this User Agreement: (i) you
acknowledge that any representations and warranties granted by YoYo Games in this
User Agreement do not apply to Third Party Software; and (ii) you undertake,
represent and warrant that you will, and will ensure that any third party acting on
your behalf: (a) comply with such Third Party Software Terms; and (b) include all
applicable Third Party Software Terms in your own Publisher Property as appropriate
and as required by the Third Party Software Terms.
7.7. Content Removal. We reserve the right to remove Customer Content and Publisher
Property from the YYG Platforms temporarily or permanently for any reason, in our
sole discretion, including but not limited to where: (i) we are requested to do so
by its Publisher; (ii) we are required by a competent law enforcement authority;
(iii) this is uploaded by a 'repeat infringer' (i.e. any Customer that has received
multiple takedown notices against him/her/them); or (iv) we are notified or become
aware that the Customer Content or Publisher Property (in whole or in part):
a) breaches the Intellectual Property Rights or any other rights of YoYo Games or
any third party;
b) breaches any provisions of this User Agreement or our other rules, including in
particular the prohibited actions outlined in section 6 (Prohibited Actions) above
and our GMC Guidelines;
c) breaches any applicable law or is subject to an injunction;
d) is being distributed by its Publisher improperly or illegally;
e) may create liability for or damage the public image, reputation or goodwill of
YoYo Games;
f) is of inadequate quality;
g) contains any virus, malware, or other harmful software or may have an adverse
impact on YoYo Games and/or YYG Property; or
h) breaches this User Agreement or any other relevant legal document.
If you believe that any Customer Content or Publisher Property violates your
Intellectual Property Rights, please refer to our IP Rights Policy. If you believe
that any Customer Content or Publisher Property violates any of the other rules
above, please contact us at help.yoyogames.com.
7.8. Brand Usage Guidelines. You agree to comply with the Brand Usage Guidelines
(as updated by YoYo Games from time to time) at all times regarding your use of any
YoYo Games branding.
8. TERM AND TERMINATION
8.1. Start of User Agreement. This User Agreement starts when you confirm your
agreement to it or start using any of the YYG Property and will end once either you
or we terminate it, as we explain below.
8.2. Your Termination Rights. You may terminate this User Agreement at any time by
ceasing all use of the YYG Property at any time.
8.3. Our Termination Rights. We may restrict, suspend or terminate this User
Agreement and your access to all or any part of the YYG Property and/or Publisher
Property at any time without prior notice or liability if: (i) you commit a breach
of your obligations or any other term under this User Agreement or violate the
rights of any third party intellectual property owner; (ii) if you are an
individual, you become bankrupt; (iii) if you are another legal entity, you become
insolvent (including being unable to pay your debts as they fall due and/or the
value of your assets is less than the amount of your liabilities, taking into
account contingent and prospective liabilities), propose an individual, company or
partnership voluntary arrangement, have a receiver, administrator or manager or
trustee in bankruptcy appointed over the whole or any part of your business or
assets; if any petition shall be presented in good faith, order shall be made or
resolution passed for your winding up (except for the purpose of amalgamation or
reconstruction), bankruptcy or dissolution (including the appointment of
provisional liquidators/interim receivers or special managers); if you shall
otherwise propose or enter into any composition or arrangement with your creditors
or any class of them or you cease or threaten to cease to carry on business; (iv)
we decide not to provide the YYG Property anymore (see below); (v) you act in any
way that may be considered threatening, abusive, obscene, racist, xenophobic,
sexist, defamatory, or otherwise offensive or illegal towards any member of the
YoYo Games staff; (vi) we delete your YoYo Games account in response to a data
deletion request from you; or (vii) we delete your YoYo Games account due to
sustained periods of inactivity, provided that we will use reasonable efforts to
contact you via the contact details you have provided to us prior to terminating
your YoYo Games account under this ground.
8.4. Effect of Termination. If this User Agreement terminates for any reason then
it will cease immediately to have effect (apart from any sections that are
necessary for our enforcement of any legal rights and remedies against you). This
means that you will no longer have access to the YYG Property and Publisher
Property.
8.5. Force Majeure. Neither party shall be liable for any failure to fulfil its
obligations under this User Agreement as a result of force majeure and in such
circumstances the time for performance shall be extended by a period equivalent to
the period during which performance of the obligation has been delayed or failed to
be performed. If either party is prevented or delayed in the performance of its
obligations under this User Agreement by reason of force majeure, that party shall,
as soon as reasonably possible, serve notice in writing on the other party
specifying the nature and extent of the circumstances giving rise to force majeure.
In this section 8.5 (Force Majeure), "Force Majeure" means any cause preventing a
party from performing any or all of its obligations that arises from or is
attributable to acts, events, omissions or accidents beyond the reasonable control
of the party so prevented including strikes, lock-outs or other industrial disputes
(other than any such dispute involving the workforce of the party so prevented),
nuclear accident or acts of God, war or terrorist activity, riot, civil commotion,
malicious damage (excluding malicious damage involving the employees of the
affected party or its sub-contractors), industrial action by employees of any
providers of electrical power, failure of technical facilities, fire, flood, or
storm or default of suppliers or sub-contractors.
8.6. Ceasing to provide the YYG Property or Publisher Property. If we decide to
cease to provide the YYG Property, then you will be notified as soon as reasonably
possible. If for any reason Publisher Property that you have validly licensed is
taken down from the YYG Platforms, we encourage Publishers to notify you and ensure
that the relevant Publisher Property will remain available to valid existing
Customers for a period of 30 days (but subject to our ultimate discretion and legal
obligations as to whether they can be made available in this way or not). Following
that period, the Publisher Property (and/or if appropriate the relevant YYG
Property) will no longer be available unless we notify you otherwise.
9. LIABILITY
The following provisions apply to the fullest extent permitted by law:
9.1. Publisher Property and Customer Content. YoYo Games, our group of companies,
our employees and our affiliates ("YoYo Group") has no responsibility or liability
regarding the Publisher Property or Customer Content and is not liable in
particular for any losses, damage, harm, costs, expenses, claims, disputes or
proceedings regarding them. Use of Publisher Property or Customer Content is at
your own risk and is provided "as is" and "as available" without warranty or
representation of any kind. YoYo Group disclaims all warranties, representations
and conditions of any kind relating to the Publisher Property and Customer Content,
including without limitation any implied warranties of satisfactory quality,
merchantability, fitness for purpose or non-infringement of third party rights. In
addition, YoYo Group does not warrant or represent that your use of the Publisher
Property or Customer Content will be uninterrupted or secure or free from bugs or
errors.
9.2. Limitation of Liability. Subject to section 9.1 (Publisher Property and
Customer Content) above, the maximum and total aggregate liability of the YoYo
Group to you in connection with this User Agreement (including in relation to the
YYG Property) shall be an amount equal to the net revenue actually received from
you (if any) during the preceding calendar year in which the relevant issues
occurred. IN NO EVENT WILL YOYO GROUP BE LIABLE TO YOU FOR ANY LOSS OF PROFITS,
CHARGES OR EXPENSES, LOSS OF DATA OR ANY CORRUPTION OR LOSS OF INFORMATION, OR ANY
LOSS OF BUSINESS OPPORTUNITY, OR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL LOSS OR DAMAGE OR DISRUPTION OF ANY KIND, IN ANY CASE, WHETHER BASED
ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY),
MISREPRESENTATION, RESTITUTION OR OTHERWISE WHETHER OR NOT THE RELEVANT PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS WILL
SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS USER AGREEMENT IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Nothing in this User Agreement
purports to limit or exclude either party's liability: (i) for fraud, fraudulent
misrepresentation or willful misconduct; (ii) for death or personal injury caused
by that party's negligence; or (iii) to the extent otherwise not permitted by
applicable law.
9.3. Indemnity. You agree on demand to indemnify and hold harmless YoYo Group and
its officers, directors, employees and agents (and keep them indemnified and held
harmless) from and against any and all damages, claims, suits, actions, judgements
and costs (including legal fees and costs) and expenses whatsoever arising out of
or relating to: (i) your use of the YYG Property, Gift Vouchers, Customer Content
or Publisher Property; and/or (ii) your material breach of this User Agreement. If
claims are brought against us, then you will cooperate fully with us and we reserve
the right to take over their defence. You will not settle any such claims without
our prior written consent.
9.4. Equitable Relief. You agree that any loss, damage or harm you suffer is not
irreparable or sufficient, and other remedies will be adequate, such that you are
not entitled to injunctive or other equitable relief against us.
9.5. Usage at Your Risk; No Warranty. You understand and agree that your use of the
YYG Property is at your own risk and that it is provided "as is" and "as available"
without warranty or representation of any kind. To the extent permitted by
applicable law, we disclaim all warranties, representations and conditions of any
kind relating to the YYG Property, including without limitation any implied
warranties of satisfactory quality, merchantability, fitness for purpose, title,
non-infringement of third party rights and any warranties that may arise from
course of dealing or course of performance or usage of trade. In addition, we do
not warrant or represent that your use of the YYG Property will be uninterrupted or
secure or free from bugs or errors. Your use of the YYG Property and any assets,
information or other material obtained via them is at your own discretion and risk.
For the avoidance of doubt, nothing in this Agreement limits, excludes or modifies
the statutory consumer guarantees or any other implied warranties provided by
applicable law.
10. CHANGES TO THIS USER AGREEMENT
We may change this User Agreement if we consider it necessary (for example to
reflect changes in the YYG Property or legal developments). If so, we will make the
revised version available online and make reasonable efforts to inform you of
changes. It will become legally binding on you once we post it online. If you do
not agree to the new version, you must stop using the YYG Property completely - in
order to make the YYG Property work properly we need to have everyone using this
under the same rules instead of different people having different rules.
11. GOVERNING LAW
11.1. If you are resident in the European Union and elsewhere in the world (but not
the USA):
You and we agree that your use of the YYG Property and Publisher Property, and this
User Agreement, and any issues arising out of them, will be governed by and
interpreted according to the laws of England and any dispute regarding it will be
exclusively under the jurisdiction of the courts of England. In any legal claim
under this User Agreement, the side which wins will be entitled to its legal fees
and expenses. This does not exclude any mandatorily applicable rules or remedies
which would be available to you in a legal claim brought under the law of your EU
Member State of residence.