Terms & Conditions Updated 09 April 2015

GameMaker: Marketplace Terms of Service

About this document

Hello, and thanks for deciding to use the GameMaker: Marketplace (which we’ll call “the Marketplace” as shorthand). This document explains how the Marketplace works legally.

Other legal documents

If you want to find out about your rights regarding Assets you license or Services you can view from the Marketplace, please see the Marketplace End User Licence Agreement or, if appropriate, an alternate end user licence agreement for particular Assets or Services created by its owner (whom we call “the Publisher” in this document). If you are interested in distributing Assets or Services on the Marketplace, check out the Marketplace Publisher Agreement and Marketplace Services Agreement respectively. If you want to find out how we protect your information, please see our Privacy Policy.


1.1. Acceptance of Terms of Service. These Terms of Service are a legally binding contract between end customers of the Marketplace (that’s you!) and us (YoYo Games Limited) regarding your use of the Marketplace, in particular your licensing of software products via the Marketplace (which we call “Assets” in this document). Before you can use the Marketplace or license any Assets within it, you need to show your acceptance of this Agreement as part of your Marketplace account registration process. Please contact us at [http://help.yoyogames.com/] if you have any questions or queries regarding it, since once it comes into force it is legally binding upon you and us. In any event, your continuing usage of the Marketplace or any Assets from it will be taken as your approval of these Terms of Service.

1.2. Access for adults only or for minors with adult approval. To accept these Terms of Service and use the Marketplace, you must be at least 18 years of age (or whatever is the age of legal majority in your country, if it’s not 18). If you are not an adult, you can accept these Terms of Service and use the Marketplace only with a parent’s or a guardian’s approval. We reserve the right to refuse to permit minors to use the Marketplace at our discretion.


2.1. The Marketplace is initially released as a “beta” version. This means that it is released with most of its features but that it is not complete – it is still being tested and it may contain bugs or errors. It may not contain all of its features and it is likely to be patched or updated, too. The beta test period will last until we decide to end it. While the Marketplace is in its beta period, we make no promises about (or accept any liability for) the contents of the Marketplace, what it does, how it does it, how well it does it, or about future updates, patches or subsequent versions of the Marketplace. Please accept the Marketplace “as is”.


3.1. More detail on what we mean by “Assets”: we mean software and other things sold via the Marketplace. This includes: (i) software created to facilitate the development of interactive entertainment products; and (ii) content (like graphics, sounds, music, text, or other assets) that is intended to be integrated with interactive entertainment products. 3.2. More detail on what we mean by “Publisher”: we mean any person, company or other legal entity who has accepted the GameMaker: Marketplace Publisher Agreement to distribute Assets on the Marketplace.

3.3. Access requirements. In order to access the Marketplace and license Assets from it, you will need to be a GameMaker: Studio Professional licence holder in good standing.

3.4. Use of the Marketplace. You may use the Marketplace to browse, locate and download Assets for use with GameMaker: Studio or related products. Some of these Assets may be offered by YoYo Games and others may be made available by third party Publishers. Some Assets may be made available to you for free while others may be licensed for money.

3.5. Access to the Marketplace. You can access the Marketplace through GameMaker: Studio Professional or via a web interface, or other methods we may roll out over time. You should not attempt to access the Marketplace through any other means, in particular not through automated means like scripts or crawlers or similar technology.

3.6. Ownership of Marketplace Assets. YoYo Games owns the Marketplace and a Publisher owns each Asset available through the Marketplace, in both cases including all Intellectual Property Rights in them. “Intellectual Property Rights” refers to any registered or unregistered intellectual property rights in any part of the world, including any patents and any application therefor, trademarks, service marks, know-how, brand names, logos, design rights, database rights, copyright, domain names, goodwill and all similar intellectual property rights wherever and howsoever subsisting, whether or not registered or registrable including all granted applications and all applications for registration in respect of any of the same.

3.7. Responsibility for Assets. Publishers are responsible for how their Assets are displayed and marketed on the Marketplace, including compliance with our Marketing Guidelines. Consequently, we take no responsibility or liability for Assets and how they are displayed or marketed, what they do or do not contain or how they perform (unless we made and released the Asset, in which case we are its Publisher). All such issues should be addressed further in the EULA and are a matter for you and the Publisher.

3.8. Responsibility for Marketplace usage. You, and not we, are responsible for your use of the Marketplace and any Assets and any breach of your obligations under these Terms of Service.

3.9. Updates. From time to time, updates (such as bug fixes, patches, new versions and enhancements) to Assets that you have licensed may become available. You can set in GameMaker: Studio whether to download these updates automatically or manually.

3.10. Payment processing. You can license Assets from the Marketplace using PayPal and potentially other payment methods that we may add or remove over time. Your use of any payment services to license Assets will be subject to the terms and conditions of the relevant payment processor. You are responsible for complying with any relevant tax laws applying to your use of the Marketplace and Assets.

3.11. Taxes. The cost of Assets on the Marketplace may include sales tax, including value added tax (VAT) if you are resident in the EU. In order to assess the correct level of VAT you need to pay, we 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.

3.12. Provision of information. In order to access the Marketplace fully, you may be asked to provide information about yourself such as your name, address and billing details. Please make sure this information is accurate! Any information about you will be held by us under our Privacy Policy.

3.13. Compliance. You are responsible for compliance with all local law, regulation and industry practice when accessing the Marketplace and any Assets.

3.14. Open source software. Some Assets may contain open source software. The Publisher of that Asset is responsible for the open source software and for compliance with any accompanying open source software licence. If there is a conflict between these Terms of Service and those licences, the licence shall prevail.

3.15. Ratings. Once you have licensed an Asset you can rate it on the Marketplace. 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 Asset.


4.1. By “Services” we mean professional services of all kinds that a Publisher is authorised to advertise, promote or distribute to you via the Marketplace, including, for example, software development or other technical assistance, graphics creation, and audio engineering.

4.2. Services are provided by Publishers, who are solely and exclusive responsible for them. We provide only the Marketplace and are not responsible for any Services.

4.3. If you have any questions, comments, disputes or issues regarding Services, please speak with the relevant Publisher.


5.1. You must not:

5.1.1. Reproduce, duplicate, copy, sell, trade or attempt to resell the Marketplace or Asset;

5.1.2. Copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Marketplace, or from the Assets or Services;

5.1.3. Take any action to hack, interfere with, circumvent or bypass any of our servers or security or content usage functionality (including any digital rights management), or associated services, in the Marketplace, Assets or Services;

5.1.4. Use the Marketplace or Assets to access, copy, transfer, transcode or retransmit content in breach of any law or third party rights;

5.1.5. Remove, obscure or alter YoYo Games’ or any third party’s copyright or trademark or other proprietary notices or documentation regarding the Marketplace or Assets; or

5.1.6. Use the Marketplace or Assets for any illegal purposes or use any illegal means to access or use them.


6.1. No monitoring. We do not accept any obligation to monitor, screen, review, flag, filter, moderate or remove any Assets or other content from the Marketplace (though we reserve the right to undertake such actions if necessary).

6.2. Asset takedown right. We reserve the right to remove an Asset from the Marketplace temporarily or permanently if we are notified by a Publisher, by a customer, or by another third party (such as a third party rights holder), or if we otherwise become aware that an Asset or any part of it breaches these Terms of Service owing to any of the following:

6.2.1 It breaches the Intellectual Property Rights or any other rights of any third party;

6.2.2 It breaches any applicable law or is subject to an injunction;

6.2.3 It is pornographic, inappropriate or otherwise breaches any of our rules;

6.2.4 It is being distributed by its Publisher improperly or illegally;

6.2.5 It may create liability for YoYo Games;

6.2.6 It contains any virus, malware, or other harmful software or may have an adverse impact on YoYo Games; or

6.2.7 It breaches these Terms of Service or the EULA.

If you have any concerns that an Asset breaches any of these requirements, please contact us at [http://help.yoyogames.com/].


7.1. If for any reason Assets that you have licensed are taken down from the Marketplace, or if we decide to cease to provide the Marketplace at all, then:

7.1.1 We will notify you as soon as reasonably possible; and

7.1.2 Assets will remain available to customers who have already licensed those Assets for a period of 30 days to download and access them (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 Assets will no longer be available unless we notify you otherwise.


8.1. Start of Terms of Service. These Terms of Service start when you confirm your agreement to them as explained at the start of these Terms of Service and they will end once either you or we terminate them, as we explain further in the rest of this section.

8.2. Your termination rights. You may terminate these Terms of Service by ceasing to use the Marketplace at any time.

8.3. Our termination rights. We may terminate these Terms of Service at any time on written notice to you if: (i) you materially breach this Agreement; (ii) you become or threaten to become insolvent or bankrupt; or (iii) we decide not to provide the Marketplace anymore (see below).

8.4. Effect of termination. If this 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 Marketplace.


9.1. 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 Marketplace, including your downloading, installation or use of any Assets, or your material breach of these Terms of Service.

9.2. You understand and agree that your use of the Marketplace is at your own risk and that the Marketplace 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 Marketplace, 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 Assets or Marketplace will be uninterrupted or secure or free from bugs or errors.

9.3. Your use of the Marketplace and any assets, information or other material obtained via the Marketplace is at your own discretion and risk.

9.4. 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 shall be an amount equal to the net revenue actually received from you during the preceding calendar year in which the relevant issues occurred.

9.5. 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.

9.6. Without prejudice to the generality of the rest of this clause, YoYo Group disclaims any liability regarding or arising out of:

9.6.1. Any reliance by you on the existence, completeness or accuracy of any marketing or advertising materials regarding the Marketplace or Assets;

9.6.2. Any changes made to the Marketplace or any Assets; or

9.6.3. Any damage or harm or deletion or corruption that is in any way attributable to your use of the Marketplace or Assets.

9.7. Nothing in this clause 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.


We may change this Agreement if we think it necessary (for example to reflect changes in the Marketplace or legal developments). If so, we will make the revised Agreement available online within the Marketplace and we will contact you to inform you of the changes. If you have not accepted the revised Agreement within 14 days of notification, you will be deemed to accept it by your continued use of the Marketplace. If you do not agree to the new version, you must stop using the Marketplace.


11.1. Force Majeure. Neither party shall be liable for any failure to fulfil its obligations under this 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 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.)

11.2. No waiver. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

11.3. Impact of enforceability finding. If any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention.

11.4. Third parties. No person other than YoYo Group or a party to this Agreement shall have any rights (whether under the United Kingdom’s Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of this Agreement.

11.5. No partnership or agency. Nothing in this Agreement or in any document referred to in it or in any arrangement contemplated by it shall create a partnership, joint venture, agency or employment between the parties.

11.6. Entire agreement. This Agreement and any documents referred to within it contains the whole agreement between the parties relating to the subject matter hereof and supersedes all prior agreements, arrangements and understandings between the parties relating to that subject matter. Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.

11.7. Export restrictions. It is your responsibility to comply with any import or export laws or regulations that may apply to your Assets on the Marketplace.

11.8. Assignment. The rights granted in this Agreement may not be assigned or transferred by you, nor can you sub-contract or delegate your responsibilities under this Agreement, without our prior written approval. The rights granted in this Agreement may be assigned or transferred by us without your prior approval and we may also delegate or sub-contract our responsibilities or obligations under this Agreement without your approval.


12.1. You and we agree that this Agreement shall be governed by and interpreted according to the laws of England and that any dispute regarding this Agreement shall be heard by the courts of England.