Voucher Purchaser Agreement

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ABOUT THIS DOCUMENT

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

DEFINITIONS

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

“Confirmation Email" means the email received by the Purchaser, confirming the completion of the Voucher acquisition and receipt of payment therefore.

“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 (also “you” or “your”) in accordance with the terms hereof.

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

"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://gamemaker.io/en/legal/eula].

1. ACCEPTING THIS AGREEMENT

1.1. Acceptance of Agreement. This Agreement is a legally binding contract between Purchasers (that’s you) and YoYo Games (that’s us) regarding your purchase 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 purchase of Vouchers will demonstrate your approval of this Agreement.

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

2. PURCHASE OF VOUCHERS - TERMS AND PROCEDURE

2.1. Purchase Process. In order to purchase Vouchers you must follow the following steps:

(a) Log onto our website (https://gamemaker.io) and create or log into your YYG Account.

(b) Once logged into your YYG account, choose a product available on the YYG Platforms. You can view the products that are currently available at [https://gamemaker.io/account]. Any product(s) you select will be added to your basket.

(d) Once you have confirmed your order, you will be able to proceed to checkout.

(e) You will receive a Confirmation Email to your personal email address once payment has been completed, which will confirm your purchase and constitute your Vouchers receipt.

(f) You will receive purchased Vouchers via your personal email address within approximately twenty-four (24) hours of receiving the purchase Confirmation Email.

(g) You may send Vouchers to a Recipient of Your choice and the Recipient will be able to redeem such Vouchers within the time period specified on the applicable Voucher (the “Redemption Period”). If the Recipient is a resident of the United States of America, the Redemption Period shall be unlimited.

2.2. Voucher Conditions.

(a) A Voucher will automatically expire if it has not been redeemed by the expiry of its Redemption Period. You can check the redemption status of Vouchers on your YYG account. If the Recipient is a resident of the United States of America, this Section 2.2 (a) shall not apply.

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

2.3. Voucher Use. We grant you the personal, limited, revocable, non-exclusive ability to use and transfer purchased 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.

2.4. Payment Requirements. You are responsible for ensuring that you have authorisation to use any chosen payment method, which includes obtaining account-holder/parent/guardian approval if applicable. You are responsible for ensuring that this authorisation is maintained at all material times. Do not make inappropriate charge-back or refund requests. You are responsible for applicable fees and taxes. All payments are non-refundable and non-transferable except as expressly provided in this Agreement.

3. CANCELLATION AND REFUND POLICY

3.1. Cancellation and Refund. You may cancel a Voucher within fourteen (14) days from the date of purchase, provided that the Voucher has not been redeemed by the time your cancellation is reviewed (please note that it can take up to 72 working hours for us to review cancellation requests). If your cancellation is successful, you will receive a full refund of the money paid for the Voucher and the Recipient will no longer be able to redeem the Voucher. All refunds under these terms will be effected in the same manner as they were received. To request a refund, please contact us at help.yoyogames.com.

3.2. Right of Withdrawal. If you are resident in the European Union or a territory with equivalent and applicable withdrawal rights: You have the right to withdraw from a purchase of Vouchers within 14 (fourteen) days of your purchase, without giving a reason. You can exercise this right to withdraw by contacting us at help.yoyogames.com You hereby expressly acknowledge that you lose your right of withdrawal once the performance of our service has begun. You agree that the supply of Vouchers and the performance of services begins immediately after you complete your purchase. Therefore, as soon as you complete your purchase, your right of withdrawal is lost.

If you are resident elsewhere in the world (including the USA): Cancellation and refund rights are as detailed in section 3.1 (Cancellation and Refund) above.

4. KEEPING VOUCHER DETAILS SAFE

You are solely responsible for keeping Vouchers and all details included therein safe, as well as for the delivery of Vouchers to the intended Recipients. We will not be liable for and will not replace or refund stolen or lost Vouchers.

5. HELPDESK

All enquiries regarding Vouchers should be made via ticket to our helpdesk at help.yoyogames.com

6. 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.

7. 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 purchase of Vouchers and use of YYG Platforms or Publisher Property, including your material breach of this Agreement.

8. USAGE AT YOUR OWN RISK

You understand and agree that the purchase of Vouchers and the use of 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 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 Vouchers and YYG Platforms will be uninterrupted or secure or free from bugs or errors. Your use of 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.

9. 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 the Redemption Period and/or Cancellation Period and/or expiration of the Voucher, where these are applicable),on you on the earlier of: (i) your continued use of the YYG Platforms; and (ii) 30 days after informing you of the changes.

10. 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 Purchaser to its account email address and for YoYo Games to [email protected]. (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. 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/.