YoYo Games Platforms User Agreement

Last updated: 15/02/2016


This document explains the legal terms and conditions that apply when you use the YYG Platforms (as explained below).


If you want to find out about the terms and conditions applying to products or services which you license via YYG Platforms, please see the relevant End User Licence Agreement (which may be the YoYo Games Platforms Default Publisher EULA or the relevant publisher’s own EULA) on the webpage for that product or service. If you are interested in distributing products or service via the YYG Platforms, check out the YoYo Games Platforms Publisher Agreement. For information on how we protect your information, please see our Privacy Policy.


This document will work better if we explain what we mean when we use certain words or phrases:

"Customer": means any person or company or other legal entity that uses YYG Platforms (including you).

"Publisher": means the person (which includes any person, company or other legal entity) that publishes any Publisher Property.

"Publisher Property": means products or services which can be licensed or accessed via the YYG Platforms. This can include (but is not limited to): (i) software created to facilitate the development of interactive entertainment products; (ii) content (such as graphics, sounds, music, text) which are intended to be integrated with interactive entertainment products; and/or (iii) services (such as graphic design or audio engineering) offered to Customers.

"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, moral 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.

"User Agreement": means this document and any documents that form part of it or are related to it, as updated from time to time.

"YoYo Games": that’s us. We are YoYo Games Limited (company number 05260718) of Fourth Floor, 61 Southwark Street, London, SE1 0HL, UK (also ‘we’, ‘us’ and ‘our’).

"YYG Platforms": means any YoYo Games platforms, products or services from time to time including (but not limited to) GameMaker: Studio, GameMaker: Player, GameMaker: Marketplace and YoYo Games websites (including the YoYo Games GameMaker Community / forums), as updated, replaced or expanded from time to time.


    • 1.1. Acceptance of User Agreement. This User Agreement is a legally binding contract between Customers (that’s you) and YoYo Games (that’s us) regarding your use of the YYG Platforms and Publisher Property accessed via them, including but not limited to your use of GameMaker, licensing of software products or services via the GameMaker: Player or GameMaker: Marketplace. Please review it carefully. You are welcome to contact us at helpdesk@yoyogames.com if you have any questions or comments about this User Agreement, but in any event your continuing usage of YYG Platforms will demonstrate your approval of this User Agreement.
    • 1.2. Access for adults only or with adult approval. To accept this User Agreement and use the YYG Platforms, you must be at least 18 years of age (or whatever is the age of legal majority in your country, if it is not 18). If you are not an adult, then your usage is at our discretion and you will need your parent’s or guardian’s approval and your acceptance of this User Agreement or your continuing usage of YYG Platforms will demonstrate you have acquired such approval.

    • 2.1. We may make any YYG Platform (or parts of it) available as a pre-release/alpha/beta version(s) from time to time. This means that it would be released with some or most of its features, but it would not be complete and would still be subject to testing/further development – therefore it may still contain bugs or errors. It is likely to therefore need patching and updating too. The pre-release period will last until we decide to end it. We do not make any promises about (or accept any liability for): the pre-release version’s contents, what it does, how it does it, how well it does it or about future updates, patches or subsequent versions: you must accept it ‘as is'.

    • 3.1. Access requirements. In order to access certain YYG Platforms and obtain access to certain Publisher Property, you may need to open a YYG Platforms account, have an appropriate level of GameMaker licence (which will be notified to you in relation to appropriate YYG Platforms) and be in good standing with YoYo Games. We may also implement verification and Digital Rights Management technology if we consider it necessary. You will need an Internet connection in order to access YYG Platforms and Publisher Property. System requirements for YYG Platforms and (where available) for Publisher Property will be provided on the applicable YYG website.
    • 3.2. Use of YYG Platforms and Publisher Property. You are granted a revocable, limited, worldwide and royalty-free licence to use the YYG Platforms for authorised purposes, including to browse, locate, access and use Publisher Property for use with YYG Platforms. Some Publisher Property may be created by YoYo Games and others may be created by third party Publishers. Some may be made available to you for free while others may be licensed for money. You must access the YYG Platforms solely through authorised means (e.g. via GameMaker or via our websites or other methods we may roll out over time) and must not attempt to access the YYG Platforms through any other means, in particular not through automated means like scripts or crawlers or similar technology.
    • 3.3. Other uses of Publisher Property. IF you hold the appropriate level of GameMaker: Studio licence, you may export your content to third party platforms such as iOS and Ubuntu as permitted by us (further details can be found at www.yoyogames.com/gamemaker). In no circumstances are you permitted to, at the request of a third party, export that third party’s content. Nor can you request a third party who holds an appropriate level of GameMaker: Studio licence to carry out such activities on your behalf.
    • 3.4. Responsibility for Publisher Property. Publishers are responsible for how their Publisher Property is displayed and marketed via the YYG Platforms. We take no responsibility or liability for Publisher Property or how they are displayed or marketed, what they do or do not contain or how they perform. All such issues should be addressed further in the relevant EULA (which will be either the YoYo Games Platforms Default Publisher EULA or the relevant publisher’s own EULA, depending on which the relevant Publisher has chosen to apply) and in any event are a matter for you and the Publisher.
    • 3.5. Your responsibility. You are solely responsible for your own use of the YYG Platforms and for any breach of your obligations under this User Agreement.
    • 3.6. Updates. From time to time, Publisher Property which is software may be subject to updates (such as bug fixes, patches, new versions and enhancements). You can set in GameMaker whether to download these updates automatically or manually. Please note we may remove any Publisher Property which no longer works with the YYG Platforms from the YYG Platforms.
    • 3.7. Provision of information. In order to access the YYG Platforms fully, you may be asked to provide accurate information about yourself such as your name, address and billing details. Any information about you will be held by us under the terms of our Privacy Policy.
    • 3.8. Payments. For YYG Platforms and for Publisher Property which is made available via the YYG Platforms for money, you can use PayPal and potentially other payment methods that we may change, add or remove over time. Your use of any payment services will be subject to the terms and conditions of the relevant payment processor. In addition, purchases may include sales tax, including value added tax (VAT) or regional equivalent if applicable in your country. In order to assess the correct level of VAT you need to pay, we will need to collect information about your country of residence (this is further described in our Privacy Policy). Please make sure you give us accurate information about your country of residence, since if we cannot corroborate your country of residence we will be obliged to charge you the highest level of applicable VAT.
    • 3.9. Compliance. You are responsible for compliance with all local laws, regulation and industry practice when accessing and using the YYG Platforms and any Publisher Property.
    • 3.10. Ratings. You may be able to rate and review applicable Publisher Property via the YYG Platforms. Please be honest and constructive in your ratings and bear in mind that you are responsible for your rating and any comments you make about the Publisher Property.

    You must follow the below rules regarding all Publisher Property and the YYG Platforms:

    • i. Only use them for any personal or commercial purposes authorised under this User Agreement.
    • ii. Do not copy, modify, merge, distribute, translate, reverse engineer, decompile, disassemble or create derivative works of: (i) Publisher Property (unless specifically agreed otherwise with the relevant Publisher); or (ii) the YYG Platforms.
    • 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 tunnelling, 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 do or say anything which is or may be considered racist, xenophobic, sexist, defamatory or otherwise offensive or illegal in connection with the YYG Platforms or Publisher Property.

    • 5.1. Ownership of Publisher Property. Each Publisher is the owner or licensor of its Publisher Property and all Intellectual Property Rights in them. The relevant EULA (which will be either the YoYo Games Platforms Default Publisher EULA or the relevant publisher’s own EULA, depending on which the relevant Publisher has chosen to apply) will set out what rights you are granted in that Publisher Property. Publisher Property is licensed, not sold.
    • 5.2. Ownership of YYG Platforms. We are the sole and exclusive owner of the YYG Platforms and all other YoYo Games products and services and all Intellectual Property Rights in them, including without limitation their name, trademarks and logos. All rights not expressly licensed or granted to you in the YYG Platforms are expressly reserved to us. YYG Platforms are licensed not sold. You may not distribute, sublicense, rent, lease or lend the whole or any part of the YYG Platforms.
    • 5.3. No monitoring. We do not accept any obligation to monitor, screen, review, flag, filter, moderate or remove any Publisher Property or other content from the YYG Platforms (though we reserve the right to undertake such actions if necessary).
    • 5.4. Takedown right. We reserve the right to remove Publisher Property from the YYG Platforms temporarily or permanently if we are: (1) requested to do so by its Publisher, or (2) required by a competent law enforcement authority; or (3) notified or become aware that the Publisher Property or any part of it:
      • 5.4.1. Breaches the Intellectual Property Rights or any other rights of us or any third party;
      • 5.4.2. Breaches any applicable law or is subject to an injunction;
      • 5.4.3. Is pornographic, inappropriate or otherwise breaches any of our rules;
      • 5.4.4. Is being distributed by its Publisher improperly or illegally;
      • 5.4.5. May create liability for YoYo Games;
      • 5.4.6. Is of inadequate quality;
      • 5.4.7. Contains any virus, malware, or other harmful software or may have an adverse impact on YoYo Games; or
      • 5.4.8. Breaches this User Agreement or the relevant EULA or any other relevant legal document.
      • If you have any concerns that any Publisher Property breaches any of these requirements, please contact us at helpdesk@yoyogames.com.
    • 5.5. Ceasing to provide Publisher Property or YYG Platforms. If we decide to cease to provide the YYG Platforms, 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 Platforms) will no longer be available unless we notify you otherwise.

    • 6.1. Start of User Agreement. This User Agreement starts when you confirm your agreement to it or start using the YYG Platforms and will end once either you or we terminate it, as we explain below.
    • 6.2. Your termination rights. You may terminate this User Agreement by ceasing to use the YYG Platforms at any time.
    • 6.3. Our termination rights. We may terminate this User Agreement at any time on written notice to you if: (i) you commit a breach of your obligations or any other term under this User Agreement (or any number of individual breaches which in our reasonable view amounts to a material breach) and if the breach is capable of remedy, you fail to remedy it during the period of 30 (thirty) days starting on the date of receipt of notice from us requiring it to be remedied; (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; or (iv) we decide not to provide the YYG Platforms anymore (see below).
    • 6.4. 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 Platforms or Publisher Property.
    • 6.5. 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 clause, “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.)

    • 7.1. Limitation of liability. The maximum and total aggregate liability of us (YoYo Games), our group of companies, our employees and our affiliates (“YoYo Group”) to you in connection with this User Agreement 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 wilful misconduct; (ii) for death or personal injury caused by that party’s negligence; or (iii) to the extent otherwise not permitted by law.
    • 7.2. 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) on demand from and against any and all damages, claims, suits, actions, judgments and costs (including legal fees and costs) and expenses whatsoever arising out of your use of the YYG Platforms or Publisher Property, including your material breach of this User Agreement.
    • 7.3. Usage at your risk. You understand and agree that your use of the YYG Platforms is at your own risk and that it is provided “as is” and “as available” without warranty or representation of any kind. We disclaim all warranties, representations and conditions of any kind relating to the YYG Platforms, including without limitation any implied warranties of satisfactory quality, merchantability, fitness for purpose or non-infringement of third party rights. In addition, we do not warrant or represent that your use of the YYG Platforms will be uninterrupted or secure or free from bugs or errors. Your use of the YYG Platforms and any assets, information or other material obtained via them is at your own discretion and risk.

    • We may change this User Agreement if we consider it necessary (for example to reflect changes in the YYG Platforms or legal developments). If so, we will make the revised version available online and we will contact you to inform you of the changes, which you will be deemed to accept by your continued use of the YYG Platforms. If you do not agree to the new version, you must stop using the YYG Platforms.
  • 9. GENERAL

    • (i) Each party will keep any confidential information of the other party confidential and secure and will not disclose or communicate it to any third party, except its professional representatives or advisers or as required by law. (ii) This User Agreement does not create any exclusive relationship between the parties nor any partnership, joint venture, employment or agency between them. (iii) No failure or delay by a party to exercise any right under this User Agreement or at law will be a waiver of that right. (iv) No assignment, novation or transfer of this User Agreement is possible without YoYo Games’ prior written consent. (v) Only a party to this User Agreement, as well as members of the YoYo Group, can enforce it (whether under the UK’s Contracts (Rights of Third Parties) Act 1999 or otherwise). (vi) If any part of this User Agreement is found to be invalid or unenforceable, that will not affect the rest of the User Agreement. (vii) This User Agreement can be executed in multiple counterparts. (viii) Any notices under this User Agreement must be in English and sent to by email, for the Publisher to its account email address and for YoYo Games to helpdesk@yoyogames.com. (ix) This User Agreement and its accompanying YoYo Games legal documents constitute the whole agreement between the parties and supersedes all previous agreements between them regarding its subject matter. Each party acknowledges that, in entering into this User Agreement, it has not relied on, and will have no right or remedy in respect of, any statement, representation, assurance or warranty other than as expressly set out in this User Agreement. Nothing in this User Agreement will limit any liability for fraud. (x) Each party is responsible for its own costs regarding this User Agreement. (xi) This User Agreement and any dispute, claim or matter (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation will be governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England will have exclusive jurisdiction over any dispute, claim or matter (whether contractual or non-contractual) that arises out of or in connection with this User Agreement or its subject matter or formation. Each party waives, to the fullest extent permitted by applicable law, any objection to such choice of exclusive governing law and jurisdiction and any claim that any such action or proceedings brought in such court has been brought in an inconvenient forum.
  • 10. CONTACT

    • If you have any comments, queries or complaints, please contact us at helpdesk@yoyogames.com. You may also be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at ec.europa.eu/consumers/odr/.

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