GameMaker - Terms of Service

The GameMaker Feature consists of:

1. GameMaker: the proprietary computer software program known as 'GameMaker', including: (i) any and all constituent elements of the same (including its code, tools, data, scripts, technologies, software libraries etc); and (ii) any upgrades, patches, fixes, improvements or additional content.
2. A website: gamemaker.io, where you may obtain a license for GameMaker.
3. GameMaker Marketplace, where you may buy or sell “Publisher Content”.
4. GameMaker Help Centre, where you can receive support for any issues that you may have with GameMaker.
5. Other platforms and websites that we operate, where you may use our content (“GameMaker Content”) or publish your content (“Publisher Content”).

The GameMaker Feature is made available in qualifying countries. By enabling and by using the GameMaker Feature, you agree to be bound by the Terms. Please read the Terms carefully.

1. You will need an Opera Account to access certain content. If you do not already have one, you will need to create an Opera Account to gain access to certain content of the GameMaker Feature. Legacy GameMaker accounts also give you such access. If you have a legacy GameMaker account you may either keep it, or transfer to an Opera Account. Both accounts are further referred to as “GameMaker Account”.
2. GameMaker Runtime License. You may license various subscriptions for GameMaker, as further detailed at gamemaker.io/en/get. Opera grants to you a non-exclusive, non-transferable, revocable, limited, worldwide license for the license duration specified at the time of purchase to the specific GameMaker Runtime License you have chosen subject in each case to your full compliance with these Terms and payment of all applicable fees.
   1. 2.1. In no circumstances are you permitted to use a third party's GameMaker Account.
   2. 2.2. GameMaker payment methods and terms:
      1. You need to have an active payment account established with a payment service provider, bank, and/or other partner who cooperates with Opera for purposes of purchasing GameMaker (“GameMaker Payment Services Provider’’). Your payments for GameMaker are processed by GameMaker Payment Services Provider under their terms and conditions. If a purchase has been declined we may not grant you access to GameMaker;
      2. You might request a refund if GameMaker cannot run, if some other issues prevent you accessing it, the product does not do what was advertised, or if your purchase was mistaken or duplicated. Such requests should be provided to us at: help.gamemaker.io.
      3. If you are resident in the European Union, you have the right to withdraw from a purchase of GameMaker within 14 days of your purchase, without giving a reason. You hereby expressly acknowledge that you lose your right of withdrawal once the performance of our service has begun and your account is provided with access to GameMaker.
3. Users. If you access and/or use the GameMaker Feature platforms and websites, you agree to be bound to these Terms as a user (“User”). Users affirm that they are over the age of 13 or are an adult in their home territory.
   1. 3.1. User Generated Content. GameMaker Feature provides interfaces and tools for Users to generate content (“User Generated Content” or “UGC”), including ratings, text, images, and other content and make it available to other users. By uploading or creating such UGC, you grant Opera the worldwide, non-exclusive, perpetual, royalty free license for the UGC to use, reproduce, create derivative works, display, perform and distribute.
   2. 3.2. Limited rights to the content. Some GameMaker Content may be made available to you for free while other may be licensed for money, where we grant to you a non-exclusive, non-transferable, revocable, limited, worldwide license to use such GameMaker Content for its intended purpose only, subject to your full compliance with these Terms and payment of all applicable fees. Point 2.3 of these Terms apply to paid GameMaker Content accordingly. When you purchase Publisher Content, the Publisher grants to you a license as described in point 4.1 a of these Terms.
4. Publishers. If you use your GameMaker Account to distribute or publish games or other Publisher Content on GameMaker Marketplace, you agree to be bound to these Terms as a platform publisher (“Publisher”). Publishers affirm that they are over the age of 13 or an adult in their home territory and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.
   1. 4.1. Publisher Content. Publishers are solely responsible for the Publisher Content they upload and distribute on the GameMaker Feature. Publishers affirm, represent, and warrant that they own or have the rights, licenses, permissions and consents necessary to publish, duplicate, and distribute the submitted content. Opera does not endorse copyright infringing activities or other intellectual property infringing activities and violations of the law may result in the removal of Publisher Content if Opera is notified of such violations. Removal and termination of GameMaker Feature may occur without prior notice. Publishers retain all ownership rights to the submitted Publisher Content, and by submitting content to the GameMaker Feature, Publishers hereby grant the following:
      1. To Opera, a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Publisher Content including without limitation for promoting, redistributing in any and all media formats. If you choose to remove your Publisher Content from the GameMaker Feature, this license shall terminate within a commercially reasonable time after such removal;
      2. To Users, a non-exclusive, perpetual license to access the content and to use it via authorized means for its intended and authorized purposes. Users shall retain a license to your Publisher Content even after such content is removed from the GameMaker Feature. You may provide your own terms of license for your Publisher Content, however at a minimum they must allow Users to include your Publisher Content as embedded components of digital games and associated marketing.
   2. 4.2. Financial Terms. You may publish your Publisher Content for free or charge a fee for it. If you decide to charge fee, then the following terms apply:
      1. fees should be in US Dollars (USD). We are not responsible for any currency or conversion costs or issues;
      2. we have a series of price points you can choose from;
      3. we will deduct from your gross revenue: (i) any applicable VAT or other consumption or sales taxes due in the User’s country; (ii) User returns, refunds or charge backs; and (iii) bank transfer and/or conversion fees (if applicable). After aforesaid deductions, the resultant revenue is split 70% to you and 30% to us;
      4. you need to have an active PayPal account in order to receive payment. On request, we may offer alternate payment methods with a payment service provider, bank, and/or other partner who cooperates with Opera;
      5. we will use reasonable efforts to make any revenue payments due to you 60 days following the last day of the first month in which you have earned revenue of at least $100;
      6. If in any monthly period your balance is less than $100, we will hold it until a month when it exceeds that amount;
      7. you are ultimately responsible for the payment of any VAT or other taxes;
      8. we may be required to hold onto, or pay to a tax authority, withholding sums from revenue otherwise due to you. If so, we will notify you.
5. Educational Institutions. Various educational subscriptions for GameMaker are available to schools or other institutions of learning, licensed under applicable law to teach (‘Educational Institutions’), as further detailed at gamemaker.io/en/education.
   1. 5.1. In the process of opening a GameMaker Account, an authorized representative of the Educational Institution (e.g. a. teacher) (the "Authorized Representative"), shall be required to complete the educational application form on behalf of the Educational Institution and in doing so that Authorized Representative represents and warrants that they have authority and have obtained all approvals and authorizations necessary to bind the Educational Institution to this User Agreement. The Educational Institution shall remain solely responsible for its, its students', and its Authorized Representative's use of GameMaker (including for any content created using GameMaker).
   2. 5.2. Where an approved Educational Institution purchases a GameMaker subscription, Opera grants to that Educational Institution a non-exclusive, non-transferable, revocable, limited, worldwide and royalty-free license for the license duration specified at the time of purchase to use GameMaker for the sole purpose of: (i) allowing that Educational Institution's students to develop and publish Publisher Content (e.g. assets and games); and (ii) distributing the runtime portion of GameMaker in object code format only as an integrated and inseparable part of such Publisher Content to third parties to whom such Publisher Content is licensed, subject in each case to your full compliance with this Terms and payment of all applicable fees.
6. Vouchers. From time to time we may make vouchers available to our Users. If you receive a voucher, you must use a Game Maker Account in order to redeem it. You may only redeem a Voucher once and within the time period specified therein. Vouchers cannot be exchanged, resold, substituted, transferred onwards (for value or otherwise) or redeemed for cash or credit. We grant you the personal, limited, revocable, non-exclusive ability to use received Vouchers solely as described in these Terms. 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.
7. Restricted Content and use. You are not allowed to publish any content (including User Generated Content), to GameMaker Feature, which is or may be considered threatening, abusive, obscene, racist, xenophobic, sexist, defamatory, pornographic, sexually explicit or otherwise offensive or illegal (‘Restricted Content’) This includes masked words (—), acronyms and abbreviations. Opera reserves a right to remove Restricted Content. By accepting these Terms, you also agree to be bound by the Acceptable Use Policy of GameMaker feature.
8. Notice and Takedown. If you are a rightsholder who believes that your content is improperly appearing in the GameMaker Feature, please use our form to Report copyright infringement, We will use this information to investigate your claim and take appropriate action.
9. You or Opera may terminate this agreement. You may terminate this Agreement at any moment by deleting your GameMaker Account. Except as otherwise specified herein, Opera may terminate these Terms at any time on prior notice. Should you violate these Terms or the rights of any third party intellectual property owner or threaten the operation of the GameMaker Feature, Opera may delete your GameMaker Account and terminate the Terms with you unilaterally, through a notification to your email address.
10. Deleting the GameMaker Account. Your GameMaker Account can be deleted by yourself or automatically after sustained periods of inactivity. Please note that after deleting your GameMaker Account:
    1. Opera will erase your GameMaker Feature personal data to the extent permitted by applicable law;
    2. you will lose access to any content attributed to your Opera Account, including GameMaker; and
    3. you will no longer receive any notifications related to the GameMaker Feature
11. Ceasing to provide the GameMaker Feature or Publisher Content. If we decide to cease providing the GameMaker Feature or Publisher Content, then you will be notified as soon as reasonably possible. If for any reason the Content that you have validly licensed is taken down from GameMaker Feature, we encourage Publishers to notify you and ensure that the relevant Publisher Content will remain available to valid existing Users 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, Publisher Content will no longer be available unless we notify you otherwise.
12. Contacting Opera support. You may address support requests, or any other incident or complaint to our customer service team by filling out the form on contact.gamemaker.io