Terms & Conditions
We are sorry that we have to hassle you with all this legal stuff – honestly, we are. It’s not just that our lawyers tell us that it is really important – it is really important. A lot of time and effort has gone into making this site as good as it is and if we are going to be able to keep doing so then we need to keep control of how it is used. You probably understand this anyway but that includes making sure you understand that what you are getting here is a right to use the site and its content but with some limits. It would be great if we could just say "don't do bad stuff – but keep doing the good stuff" but apparently that isn’t enough.
So we have tried to make this as user friendly as possible and also tried to help out with a few explanations.
By the way "we" are YoYo Games Limited and its associated companies and are also referred to below as "YoYo Games".
- yoyogames.com is an online entertainment service operated and owned by YoYo Games Limited ("YoYo Games").
- These terms and conditions ("Terms") apply to all and any use of the web site available at YoYoGames.com and its content ("yoyogames.com") including without limitation any games (or other interactive content) available for play or download from yoyogames.com, and any games (or other interactive content) uploaded, submitted, posted or otherwise placed on yoyogames.com ("Games"), together with all and any comments, postings, emails, messages and other communications made to or using it or any message board or similar services run or made available on or through yoyogames.com ("Communications").
- Certain Games may be subject to additional terms and conditions of use as set out in their applicable end user licence agreement.
- By using yoyogames.com you undertake that you understand, accept and are able to accept these Terms and agree to be bound by these Terms.
- If you do not accept or understand these Terms you should not use yoyogames.com or any part of it including without limitation by using, posting or accessing the Games or Communications.
- If you are a minor or don’t understand these terms please ask a parent or guardian to explain their meaning to you.
- YoYo Games may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from www.yoyogames.com/terms.
- Third party web sites with links from yoyogames.com have not been verified or reviewed by YoYo Games and use and access of such third party web sites is made at your own risk.
- You may be required to set up an account in order to use certain features of yoyogames.com, including setting up a username and password. Any username and password issued to you is personal to you, so that you can use and access yoyogames.com and must not be disclosed to any third party without YoYo Games' prior written consent or let anyone other than you use your account.
- All email and other communications sent by YoYo Games and attachments thereto are intended only for the addressee and/or others authorised to receive them.
- By "Intellectual Property Rights" what we mean is all ownership rights and interests in copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other like rights.
- All Content, including Games uploaded, submitted, posted or otherwise placed on yoyogames.com by users shall be subject to the terms and conditions of the software products used for their development. In the case of those developed using and based on the software product known as Game Maker ("Game Maker Software"), the Game Maker Software end user licence agreement specifically applies.
- Except for those parts and elements which belong to and vest in YoYo Games, including without limitation those which form part of, are derived from or are modifications of the Game Maker Software you will be responsible for the Content , including Games and you accept that full responsibility and liability for the Content, including Games rests solely with you. YoYo Games shall have no liability in relation thereto.
- By uploading, submitting, posting or otherwise placing any Content, including Games on yoyogames.com you expressly agree and confirm that:
- you are not a minor or else have your parent’s or guardian’s permission to do so on these Terms and agree these Terms;
- you have read and agreed to these Terms and understand them or have had them explained by a parent or guardian who does so;
- your Content, including Games may be used on and in connection with yoyogames.com;
- your username may be advertised and used in connection with your Content, including Games;
- you grant to YoYo Games the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and licence to use your Content, including Games on and in connection with yoyogames.com and to give all consents (if any) which YoYo Games requires including under copyright and other intellectual property, data protection and privacy laws world wide, for that use only; what this means is that we will NOT sell your GAME OR ANY EXTENSIONS (or anything else that you upload) or use them separately from yoyogames.com WITHOUT YOUR PERMISSION. What it DOES mean is that we can use what you upload within the web site and make it available to users of the web site
- you have the right grant this license and permission;
- you own or have PROPER LICENCES, PERMISSIONS AND OTHER CONSENTS IN PLACE in respect of ALL FEATURES AND RESOURCES USED IN THE CONTENT, including Games ;
- any Content, including Games or Communication you submit and the use of it as envisaged by these Terms does not and will not infringe any third party Intellectual Property Rights or other rights;
- you are entitled to grant the rights granted and you are not under any contractual or other obligations preventing you from doing so;
- you have received all necessary permissions and consent required for the use of any Content, including Games or Communication by YoYo Games, as described in these terms and conditions;
- that you have not granted any other person any rights that are inconsistent with the licence granted above;
Games and Intellectual Property Rights
Use of yoyogames.com and Games
- You MAY download and use yoyogames.com and the Content, including Games on it solely for your private, non-commercial, personal use only.
- You may not transfer, sub-license or deal in this right without YoYo Games’ prior written permission.
- Therefore, you agree NOT TO:
- use yoyogames.com or any Games that you download for any commercial or business purpose;
- include contact details intended to facilitate communication of any sort (email address, postal address, phone number, web address etc.) in your initial postings on yoyogames.com (this material can be shared after you have set up and account);
- use your access to yoyogames.com, or information gathered from it, for the sending of unsolicited bulk email or any spam.
Copyright, Trade Marks and other Intellectual Property Rights
- All copyright, design rights, database right and other like rights in the yoyogames.com web site design and software belong to and vest in YoYo Games, or are licensed to YoYo Games unless otherwise specified. All such rights of YoYo Games are hereby asserted and reserved.
- In respect of yoyogames.com, the Games and any Communications you shall not:
- hack, attempt to hack, distribute, modify, transmit, re-use, re-post, or use any, all or part of them or the information contained therein for any purpose other than as set out above;
- make any commercial use without YoYo Games’ prior written consent;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to them without YoYo Games’ prior written permission;
- display, publish, copy, print, post or otherwise use them and the information contained therein for the benefit of any third party or web site without YoYo Games' prior written consent;
- process or otherwise use the information contained on or within them for any illegal or immoral purpose or use or process the same unfairly.
- You must retain all copyright notices and other proprietary notices contained on yoyogames.com, the Games and any Communications.
- All third party copyright, design rights, database rights, patents, trade names and trade marks are the property of their respective owners and YoYo Games makes no warranty or representation in relation thereto.
- YoYo Games provides and maintains yoyogames.com for personal entertainment, on an "as is" basis.
- YoYo Games shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with yoyogames.com.
- Subject as aforesaid, to the maximum extent permitted by law, YoYo Games excludes liability for any loss or damage of any kind howsoever arising, including without
limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to YoYo Games and YoYo Games shall have no
liability to pay any money by way of compensation, including without limitation all liability in relation to:
- any incorrect or inaccurate information on yoyogames.com and all interruptions to or delays in updating the service;
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use of yoyogames.com;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading yoyogames.com, Games or Communications or from transmissions via emails or attachments received from YoYo Games or its licensees
- the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties ("External Sites") to which yoyogames.com link and web site located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
- all representations, warranties, conditions and other terms which but for this notice would have effect.
- YoYo Games does not warrant that the operation of the yoyogames.com will be uninterrupted or error free.
- These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit YoYo Games' liability for death or personal injury resulting from its negligence nor any fraudulent representation.
- YoYo Games shall be entitled to remove, cancel or suspend access to and use of yoyogames.com and the Games and Communications on it upon your breach of any part of these Terms whatsoever.
- Termination shall be without prejudice to the accrued rights of YoYo Games.
- YoYo Games will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
- Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
- YoYo Games acts as principal on its own account and not as agent for you or any other person.
- If YoYo Games does not enforce any provision of this agreement such will not be considered a waiver of any provision or right.
- In the event that any part of these terms and conditions is held to be unenforceable, such part will at YoYo Games’ option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
- These terms and conditions constitute the entire agreement between you and YoYo Games and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
- Use of YoYo Games and these terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
- Yoyogames.com is intended for and directed at the UK and no representation or warranty is made as to whether yoyogames.com complies with the regulatory regime and local laws of any other countries.
- By using yoyogames.com you undertake that you have the necessary hardware, software and capability required for its use including in relation to Games, Communications, email and web usage.
- Under the Sale of Goods Act, software purchased online cannot be returned unless it's not fit for purpose e.g. faulty. If the software is faulty please contact the Help Centre where we can address your query.
- If you have not sent any payment, you may cancel your order at any time. Please contact us via the contact form to process cancellations.