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Voucher Recipient Agreement

ABOUT THIS DOCUMENT

This document explains the legal terms and conditions that apply when you redeem Vouchers as explained below.

OTHER LEGAL DOCUMENTS

Your use of Vouchers is subject to this YoYo Games Voucher Recipient Agreement (the “Agreement”) as well as the YoYo Games Platforms User Agreement https://www.yoyogames.com/legal/eula which is hereby incorporated by reference. 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 License 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 [https://www.yoyogames.com/legal/publishers]. For information on how we protect your information, please see our Privacy Policy [https://www.yoyogames.com/legal/privacy].

DEFINITIONS

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

“Voucher(s)”: means a voucher purchased by a Purchaser for the benefit of and use by a Recipient, which includes voucher code(s)which enables the Recipient to access and use certain product(s) available on the YYG Platforms, under a license granted to such Recipient upon redemption thereof.

“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.

“Purchaser(s)”: means the person (which includes any person, company or other legal entity) buying Vouchers.

“Recipient(s)”: means the person (which includes any person, company or other legal entity) receiving Vouchers in accordance with the terms hereof (also “you” or “your”).

"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.

Any capitalized terms used but not defined herein have the meanings assigned to them in the User Agreement [https://www.yoyogames.com/legal/eula].

1. ACCEPTING THIS AGREEMENT

1.1. Acceptance of Agreement. This Agreement is a legally binding contract between Recipients (that’s you) and YoYo Games (that’s us) regarding your redemption of Vouchers. Please review it carefully. You are welcome to contact us at help.yoyogames.com if you have any questions or comments about this Agreement, but in any event your redemption of Vouchers will demonstrate your approval of this Agreement.

1.2. Access for Adults Only or with Adult Approval. To accept this Agreement and redeem Vouchers, 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 Agreement or your redemption of Vouchers will demonstrate you have acquired such approval.

2. REDEMPTION OF VOUCHERS - TERMS AND PROCEDURE

2.1. Redemption Process. In order to redeem Vouchers, you must follow the following steps:

(a) You have received a Voucher from the Purchaser, with all the necessary information required to redeem Your Voucher.

(b) You must comply with the minimum hardware requirements applicable to the YYG Platforms ,have access to internet and create or log into your YYG account on our website (www.yoyogames.com).

(c) You must select the “Redeem” option from the account menu within your YYG account.

(d) You must enter the voucher code(s) provided in the Voucher and accept this Agreement.

(e) You will be presented with the product(s) purchased by the Purchaser for you as a gift, and once you approve these details, you will be required to confirm redemption of the Voucher.

2.2. Upon confirmation, the purchased product(s) in the Voucher will be added to your account and you will be licensed to use such product(s) for the time period specified in the Voucher. There shall be no automatic renewal of such license.

2.3. Voucher Conditions.

(a) You may only redeem Vouchers within the time period specified therein (the “Redemption Period”). Once the Redemption Period has ended the applicable Voucher will permanently expire and you will no longer be able to redeem it.

(b) You will not be able to redeem a Voucher if the Purchaser has canceled / refunded it.

(c) Each Voucher may only be used once and for the product specified by the Purchaser at the time of purchase.

(d) Vouchers cannot be exchanged, resold, substituted, transferred onwards (for value or otherwise) or redeemed for cash or credit.

Please note that section 2.3 (a) to 2.3 (c) do not apply to residents of the United States of America.

2.4. Voucher Use. We grant you the personal, limited, revocable, non-exclusive ability to use received Vouchers solely as described in this Agreement. You have no property interest, right or title in any Vouchers, which remain our property. We reserve the right to manage, regulate, control, modify, remove and/or revoke Vouchers in our sole discretion if we consider any of this necessary for the ongoing operation of our services or for other legitimate reasons, in which case we will have no liability to you or anyone for the exercise of such rights.

3. KEEPING YOUR VOUCHER DETAILS SAFE

You are solely responsible for keeping Vouchers and all details included therein safe. We will not be liable for and will not replace or refund stolen or lost Vouchers.

4. HELPDESK

All enquiries regarding Vouchers should be made via tickets to Our helpdesk at help.yoyogames.com

5. LIABILITY

The following provision applies to the fullest extent permitted by applicable law. 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 Agreement will 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 AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Nothing in this 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.

6. 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, judgments and costs (including legal fees and costs) and expenses whatsoever arising out of or relating to your use of Vouchers and YYG Platforms or Publisher Property, including your material breach of this Agreement.

7. USAGE AT YOUR OWN RISK

You understand and agree that the use of Vouchers and YYG Platforms is at your own risk and that the Vouchers and YYG Platforms are 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 Vouchers and 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 the use of the Vouchers and YYG Platforms will be uninterrupted or secure or free from bugs or errors. Your use of the Vouchers and YYG Platforms and any assets, information or other material obtained via them (including any Publisher Property) 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.

8. CHANGES TO THIS AGREEMENT

We may change this 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 contact you to inform you of the changes. Such revised version will become legally binding (to the extent such changes are made prior to the lapse of Redemption Period and/or expiration of Vouchers, where these are applicable) on you on the earlier of: (i) your redemption of the Voucher; and (ii) 30 days after informing you of the changes.

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 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 Agreement or at law will be a waiver of that right. (iv) No assignment, novation or transfer of this Agreement is possible without YoYo Games’ prior written consent. (v) Only a party to this 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 Agreement is found to be invalid or unenforceable, that will not affect the rest of the Agreement. (vii) This Agreement can be executed in multiple counterparts. (viii) Any notices under this Agreement must be in English and sent by email, for the Recipient to its account email address and for YoYo Games to helpdesk@yoyogames.com. (ix) This 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 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 Agreement. Nothing in this Agreement will limit any liability for fraud. (x) Each party is responsible for its own costs regarding this Agreement. (xi) This 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 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.

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