YOYO Games Terms of Service
Last Updated: July 29, 2024
These Terms of Service (“Agreement”) cover the terms and conditions by which we offer you access
to use our games, apps, products, websites, and other services (the “Services”) as well as Virtual
Items (as defined in Section 3 below) and your Account (as explained in Section 1.3 below). This Agreement is a
legal contract between you and YOYO Games. By accessing our Services, you are agreeing to be bound by the terms
of this Agreement.
Nothing in this Agreement is intended to limit or exclude the application of any mandatory consumer laws in your
jurisdiction of residence. If you do not agree to all of the terms in this Agreement, you are not permitted to use
the Services or any Virtual Items, or to create an Account.
1.Your Use of the Services.
1.1 Age Restrictions and Legal Responsibility. As used in this Agreement, “you” or “your” means
the individual user interacting with our Services; if such user is under 18 (or the minimum legal age of adulthood
in your country), then “you” or “your” means the user’s parent or legal guardian entering into this Agreement on
the user’s behalf. You, or any person under your supervision, should only use the Services if you, or the person
under your supervision, are above the minimum age rating for the applicable Service. Minors under 18 (or the legal
age of adulthood in your country), must ask their parent or guardian to review and explain this Agreement to them,
and to agree to this Agreement on their behalf. If you accept this Agreement on behalf of a minor, you should supervise
the minor’s use of the Services, including any Virtual Items or Account used by such minor. If you are the parent
or guardian of a minor and you agreed to this Agreement on their behalf, you agree that you will be responsible
for all uses of the Services, including any Virtual Items or Accounts, by your child whether or not such uses were
explicitly authorized by you. You are legally and financially responsible for all of your actions while using or
accessing the Services, including the actions of anyone you allow to access the Services or your Account.
1.2 Modifications to This Agreement. We reserve the right to modify this Agreement, in whole or
in part, at any time. We will endeavor to notify you of any such modifications in advance of the modified Agreement
taking effect. If you do not wish to agree to the terms of the modified Agreement, you may no longer be able to
access the Services once the modified Agreement takes effect. We will try to inform you about this legal consequence
when notifying you of the modified Agreement. By actively accepting the modified Agreement, or by continuing to
use the Services after the modified Agreement becomes effective, you agree to be bound by the modified terms of
this Agreement. If you do not wish to agree to the modified Agreement, you may terminate your use of the Services
without any charge being payable to us.
1.3 Your Account. Some elements of the Services may require that you create an account, whereas
for other Services, an account may be automatically created for you when you access the Services for the first time
(each an “Account”). To create an Account, you may be asked to provide your age information and
country/region, and then provide an email address, a username, a password, and such other information as we may
deem necessary in connection with the creation of your Account, all of which will be processed and stored in accordance
with our Privacy Policy. You must provide accurate, current, and complete information about you when creating an
Account. You are responsible for keeping your Account username and password secret. You also agree not to sell,
transfer, or share your Account, or your Account’s username or password, and you agree to notify us immediately
if you suspect any unauthorized use of your Account. We have the right to deny the creation of any Account, for
any legitimate reason, and we reserve the right to terminate any Account that violates this Agreement in accordance
with the termination provisions below and to delete any Account information in accordance with our Privacy Policy.
2.Limited License.
2.1 We Reserve All Rights to our IP. We, and our licensors, own and reserve all rights, title,
and interest in and to the Services, Virtual Items, and your Account (excluding any tangible medium the Services
may be supplied on), including all: (1) information, text, data, files, code, scripts, designs, graphics, artwork,
illustrations, photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations, stories,
plot, animation, concepts, audio-visual effects, virtual goods and in-game currency (including Virtual Items),
interactive features, gameplay, methods of operation, the compilation, assembly, and arrangement of the materials
of the Services, Virtual Items, or your Account, and all other copyrightable material; (2) trademarks, logos, trade
names, trade dress, service marks, and trade identities of various parties, including ours; and (3) other forms
of intellectual property (all of the foregoing, collectively “Content”).
2.2 Your Personal, Non-Commercial Use. Subject to the terms of this Agreement, we grant you a
limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services,
including Virtual Items and your Account, for your personal, non-commercial enjoyment. The Services, Virtual Items,
or your Account, including the Content, but excluding any tangible medium the Services may be supplied on, are
licensed, not sold. This license is personal to you only and does not give you any ownership rights in any of the
Services, Virtual Items, or your Account (or in or to any of their features or Content).
2.3 Restrictions. The limited license granted in this Agreement does not give you any right to,
and you may not, sell, copy (except under applicable legal exceptions such as the “private copy” exception under
applicable law), loan, lease, distribute, disassemble, decompile, decrypt, hack, derive source code from, reverse
engineer (except where permitted under applicable legal exceptions deriving from EU Directive 2009/24 or other
applicable law), modify, create derivative works, commercialize, or otherwise exploit the Services (including the
Content), Virtual Items, or your Account unless subject to separate, express written terms provided by YOYO Games
permitting such conduct. Without limiting the foregoing, nothing in the limited license granted in this Agreement
authorizes the use of the Services (including the Content), Virtual Items, or your Account in any manner to develop,
train, enhance, or provide source material for, or promote, any Generative AI Tools; and for the avoidance of doubt,
any such uses are hereby explicitly prohibited. “Generative AI Tools” means any tool or computer program that uses
algorithms or technology commonly known as artificial intelligence or machine learning to create or generate content
such as, but not limited to, software code, written text, still or moving images, musical works, human voice emulation,
audio material, or other creative works based on text, image, sound prompts, or other inputs. If we terminate your
Account or this Agreement in accordance with the provisions below, any license from us to you to use the Services,
Virtual Items, your Account, or any Content, ends immediately.
2.4 Legal Effect. This license describes certain legal rights. You may have other rights under
the laws of your state or country. This license does not change your rights under the laws of your state or country
if the laws of your state or country don’t permit it to do so.
3.Virtual Items.
“Virtual Items” means any virtual currency, goods, items, boosts, or effects such as, but not
limited to, coins, points, gems, tokens, weapons, vehicles, cards, skins, power-ups, apparel, equipment, trophies,
rewards, badges, or any other in-game virtual asset made available, purchased from an App, earned, or otherwise
acquired through the Services. Virtual Items are licensed under the terms of this Agreement and nothing herein
shall be interpreted as transferring any rights or ownership interest in such Virtual Items to you. Virtual Items
may only be redeemed for content made available through the Services, which is generally game-specific. Virtual
Items have no monetary value, cannot be used outside of the Services, and may not be sold, transferred or redeemed
for real money or items of value outside of the Services unless subject to separate, express written terms provided
by YOYO Games permitting such conduct. We have the right to modify, delete, move, remove, or suspend any Virtual
Items at any time with or without notice to you and with no liability of any kind to you. We may limit the total
amount of Virtual Items that may be held for any one game or that may be held in your Account in the aggregate.
We may limit the period of time during which you may hold or use Virtual Items related to any particular game or
other aspect of the Services. Additionally, the price and availability of virtual items to purchase or acquire
are subject to change. You agree that you have no ownership or other rights in or to any Virtual Items or your Account.
4.Purchases, Billing, and Subscriptions.
4.1 Subscriptions. Some aspects of the Services may be offered on a subscription basis with automatic,
recurring payments at the start of each billing period (“Subscription”). We reserve the right to
modify the terms on which such features are offered for purchase at any time on thirty (30) days’ notice. Please
note some Subscriptions are offered subject to additional terms and conditions, which may modify the terms below.
(1) Automatic Renewal & Cancelation. Subscription is automatically renewable, unless You turn off
it at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from Your Account
during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from
Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription
is automatically cancelled. Once you have bought a subscription, you can manage it and switch off automatic renewal
at any time after the purchase in your account setting. You cannot cancel your current subscription if it has already
been activated.
(2) Changes to Subscriptions. The terms of any Subscription and the benefits included in such
Subscription may change from time to time. Benefits changes may include altering or removing previously claimed benefits.
5.User Generated and Custom Content.
5.1 User Generated Content. “UGC” includes all content that users create, upload, or distribute
via the Services, including but not limited to: text, posts, audio, or audio-visual communications; code, scripts,
textures, models, maps, files, or other assets or documents; photos, images, video, or any other audio or audio-visual
works; and any feedback or suggestions related to the Services. UGC specifically excludes Custom Content (defined below).
You are solely responsible for the UGC that you create, upload, or distribute via the Services (“Your UGC”)
and you hereby represent to us that Your UGC will not violate this Agreement including, without limitation, the
terms of Section 6.
5.2 Rights to UGC. You retain whatever rights, if any, you may have under applicable law in Your
UGC. If you do hold any such rights to Your UGC, including any copyright or other intellectual property interest,
then, in exchange for the rights licensed to you in this Agreement, you hereby grant us an irrevocable, worldwide,
royalty-free, non-exclusive and sublicensable right to use, reproduce, edit, modify, adapt, create derivative works
based on, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, and otherwise
exploit Your UGC within or via the Services or for any other commercial and non-commercial purpose related to the
Services, including but not limited to the improvement of the Services, without compensation or notice, for the
full duration of the intellectual property rights pertaining to Your UGC (including all revivals, reversions, and
extensions of those rights). Without limiting the foregoing, the rights licensed to YOYO Games herein explicitly
include the right for YOYO Games to allow other users to use Your UGC as part of our operation of the Services.
By creating, uploading, or distributing Your UGC to or via the Services, you represent to us that you own any rights
in and to Your UGC on a sole and unencumbered basis, and that any such rights you grant to us in this Section, and
our exploitation of those rights, will not violate or infringe the rights of any third parties.
5.3 Custom Content. Some of our Services allow you to use our tools, editing software, in-game
functionality, or other features provided by us (“Our Tools”) to edit the Content to (for example)
create custom levels, maps, in-game assets, designs, apparel, characters, livery, courses, games, or other content
based on the Content (“Custom Content”). Custom Content includes, without limitation, all content
created using Our Tools including in-game assets, maps, screenshots, videos, recordings of in-game audio, gameplay
clips, and livestreams. You may only use Custom Content with the Services and/or only as authorized by us. You are
solely responsible for the Custom Content you create and agree that such Custom Content will not violate this Agreement
including, without limitation, the terms in Section 6.
5.4 Rights to Custom Content. YOYO Games reserves all rights to and ownership of all Custom Content
under applicable law. If, under applicable law, your creation of Custom Content results in you holding any intellectual
property rights in such Custom Content then, in exchange for the rights licensed to you in this Agreement, you hereby
freely assign us, upon the creation of such Custom Content, all right, title, and interest in and to such Custom
Content, including without limitation, all intellectual property rights throughout the world for the full duration
of such intellectual property rights (including all revivals, reversions, and extensions of those rights). If, despite
the foregoing assignment, you for any reason retain any intellectual property interest or other rights in the Custom
Content, then you hereby grant to us an irrevocable, worldwide, royalty-free, non-exclusive and sublicensable right,
to use, reproduce, edit, modify, adapt, create derivative works based on, publish, distribute, transmit, publicly
display, communicate to the public, publicly perform, and otherwise exploit such Custom Content within or via the
Services or for any other commercial and non-commercial purpose related to the Services, including but not limited
to the improvement of the Services, without compensation or notice, for the full duration of the intellectual property
rights pertaining to such Custom Content (including all revivals, reversions, and extensions of those rights). Without
limiting the foregoing, the rights licensed to YOYO Games herein explicitly include the right for YOYO Games to
allow other users to use such Custom Content as part of our operation of the Services.
5.5 Content Moderation; Right to Remove. We have no obligation to host, maintain, support, or distribute
any of Your UGC or the Custom Content that you create. We have not necessarily reviewed and are not obligated to
actively monitor any UGC or Custom Content that may be available via the Services. We do not confirm the security,
quality, or originality of any UGC or Custom Content. UGC and Custom Content do not represent the views of YOYO
Games or its management, employees, or any other person associated with us. You understand that we may modify, take-down,
suppress, block, hide, remove, or delete any or all UGC or Custom Content, and report any illegal UGC or Custom
Content and any related user information to the appropriate authorities. Consistent with our obligations under
applicable law, if we take adverse action against Your UGC or the Custom Content you create from the Services,
suspend or ban your Account, or otherwise restrict your access to some or all of the Services, Virtual Items or
your Account as a result of Your UGC or the Custom Content you create, we will endeavor to notify you of the same.
6.User Rules.
For the purposes of this Section 6, “Services” includes Virtual Items and your Account; and
“Material” means Your UGC and any Custom Content you create.
6.1 No Illegal Conduct or Unauthorized Commercial Exploitation. You agree that:
(1) You will only use the Services for lawful purposes, in compliance with applicable laws.
(2) You will not use the Services in connection with any wager of any money or other thing of value unless subject to separate, express written terms provided by YOYO Games permitting such conduct.
(3) You will use the Services for your own personal, non-commercial use, and you will not commercially exploit the Services unless subject to separate, express written terms provided by YOYO Games permitting such conduct. This includes participating in, enabling, or encouraging the collection, sale, or exchange of anything from the Services (including, but not limited to, any Virtual Items or Accounts) that is not explicitly authorized by YOYO Games; facilitating, creating, or maintaining any unauthorized connection to the Services (including, any unauthorized server that modifies, emulates, or otherwise connects to any of the Services); and creating or participating in any exploitation of price differences of Virtual Items by any means (for example, between real money currency prices).
(1) You will only use the Services for lawful purposes, in compliance with applicable laws.
(2) You will not use the Services in connection with any wager of any money or other thing of value unless subject to separate, express written terms provided by YOYO Games permitting such conduct.
(3) You will use the Services for your own personal, non-commercial use, and you will not commercially exploit the Services unless subject to separate, express written terms provided by YOYO Games permitting such conduct. This includes participating in, enabling, or encouraging the collection, sale, or exchange of anything from the Services (including, but not limited to, any Virtual Items or Accounts) that is not explicitly authorized by YOYO Games; facilitating, creating, or maintaining any unauthorized connection to the Services (including, any unauthorized server that modifies, emulates, or otherwise connects to any of the Services); and creating or participating in any exploitation of price differences of Virtual Items by any means (for example, between real money currency prices).
6.2 Respect Intellectual Property. You agree that you will not use the Services to create, upload,
or distribute any Material that infringes any third party’s copyright, trademark, or other intellectual property
rights or otherwise violates the terms of Section 5.
6.3 Code of Conduct. You agree that:
(1) You will not use improper or unauthorized means to interfere with or adversely impact any other user’s ability to use the Services as intended; to gain an unfair gameplay advantage; or to gain access to Virtual Items or other Content to which you do not have valid entitlement. This includes the use of cheats, unauthorized mods, hacks, glitches, or other technical exploits, and phishing, scamming, or social engineering.
(2) You will not use the Services to create, upload, or distribute any Material that violates or invades another person’s privacy. This includes “doxing” i.e. sharing or threatening to share information to embarrass, intimidate, harm, or harass another person.
(3) You will not use the Services to create, upload, or distribute any Material that is knowingly or intentionally misleading, false, or fraudulent. You will not use the Services to engage in “spam,” i.e. repeatedly or periodically misuse a communication channel in a way that disrupts or interferes with the operations of the Services, advertises any third-party product or service, or adversely impacts any other user’s ability to use the Services as intended.
(4) You will not use the Services to create, upload, or distribute Material that contains actual or shockingly realistic depictions or descriptions of gore, excessive violence, torture, or animal cruelty. This includes all depictions of such content, regardless of whether the Material is real or manipulated media, animation, computer-generated imagery, or other digital creation.
(5) You will not use the Services to create, upload, or distribute Material or engage in conduct that depicts, promotes, or attempts to normalize, encourage, or knowingly result in another person’s eating disorder, suicide, or other acts of physical self-harm. This includes Material or conduct that is reasonably understood to facilitate or encourage another person to physically harm or starve themselves; to consume dangerous amounts of alcohol, drugs, or other substances; and to engage in or threaten self-harm to intimidate, manipulate, or coerce someone else.
(6) You will not use the Services to create, upload, or distribute Material or engage in conduct that is abusive, bullying, harassing, or is reasonably understood to be a physical or verbal threat against another person. This includes Material that is defamatory and conduct such as camping, griefing, stream sniping, swatting, or other abusive in-game behavior.
(7) You will not use the Services to create, upload, or distribute any Material or engage in conduct that is pornographic, obscene, or sexually harassing. This includes distributing unsolicited or unwanted sexually suggestive Material; engaging in unsolicited or unwanted sexualization of another person; making threats or attacks based on another person’s actual, perceived, or supposed sexuality or sexual activity; or the unauthorized sharing of another's sexually suggestive or explicit content without their consent (i.e. “revenge porn”).
(8) You will not use the Services to create, upload, or distribute any Material that depicts, promotes, or attempts to normalize, encourage, or knowingly result in the sexual abuse of minors. This includes Material that in any way sexualizes minors, including real or manipulated media, animation, computer-generated imagery, or other digital creation; engaging or attempting to engage in sexually suggestive or explicit communication with a minor; and soliciting sexually suggestive or explicit Material from, or sharing such Material with, a minor.
(9) You will not use the Services to create, upload, or distribute Material or engage in conduct that constitutes hate speech or behavior, which we define to be any form of expression that is reasonably understood to attack or promote hatred or violence against an individual or group based on any of the following characteristics: age; color or race; disability; ethnicity; gender or gender identity; national origin or immigration status; religious affiliation; sex or sexual orientation; military service; socioeconomic class, status, or caste; or weight, size, or body type.
(10) You will not use the Services to create, upload, or distribute Material or engage in conduct that depicts, promotes, or supports violent extremism or terrorism. This includes any Material or conduct which is reasonably understood as endorsing or supporting extremist violence or the perpetrators of such acts; and promoting extremist ideologies or conspiracy theories that encourage or incite violence against others.
(11) You will follow any additional rules set out in the individual Community Standards that may apply to your use of specific games, apps, products, or websites within the Services, all of which are incorporated herein by reference.
(12) In addition to the foregoing, you will not use the Services to create, upload, or distribute any other Material or engage in any conduct that is otherwise illegal or use the Services to attempt or conspire to commit any of the violations specified in this Code of Conduct.
(1) You will not use improper or unauthorized means to interfere with or adversely impact any other user’s ability to use the Services as intended; to gain an unfair gameplay advantage; or to gain access to Virtual Items or other Content to which you do not have valid entitlement. This includes the use of cheats, unauthorized mods, hacks, glitches, or other technical exploits, and phishing, scamming, or social engineering.
(2) You will not use the Services to create, upload, or distribute any Material that violates or invades another person’s privacy. This includes “doxing” i.e. sharing or threatening to share information to embarrass, intimidate, harm, or harass another person.
(3) You will not use the Services to create, upload, or distribute any Material that is knowingly or intentionally misleading, false, or fraudulent. You will not use the Services to engage in “spam,” i.e. repeatedly or periodically misuse a communication channel in a way that disrupts or interferes with the operations of the Services, advertises any third-party product or service, or adversely impacts any other user’s ability to use the Services as intended.
(4) You will not use the Services to create, upload, or distribute Material that contains actual or shockingly realistic depictions or descriptions of gore, excessive violence, torture, or animal cruelty. This includes all depictions of such content, regardless of whether the Material is real or manipulated media, animation, computer-generated imagery, or other digital creation.
(5) You will not use the Services to create, upload, or distribute Material or engage in conduct that depicts, promotes, or attempts to normalize, encourage, or knowingly result in another person’s eating disorder, suicide, or other acts of physical self-harm. This includes Material or conduct that is reasonably understood to facilitate or encourage another person to physically harm or starve themselves; to consume dangerous amounts of alcohol, drugs, or other substances; and to engage in or threaten self-harm to intimidate, manipulate, or coerce someone else.
(6) You will not use the Services to create, upload, or distribute Material or engage in conduct that is abusive, bullying, harassing, or is reasonably understood to be a physical or verbal threat against another person. This includes Material that is defamatory and conduct such as camping, griefing, stream sniping, swatting, or other abusive in-game behavior.
(7) You will not use the Services to create, upload, or distribute any Material or engage in conduct that is pornographic, obscene, or sexually harassing. This includes distributing unsolicited or unwanted sexually suggestive Material; engaging in unsolicited or unwanted sexualization of another person; making threats or attacks based on another person’s actual, perceived, or supposed sexuality or sexual activity; or the unauthorized sharing of another's sexually suggestive or explicit content without their consent (i.e. “revenge porn”).
(8) You will not use the Services to create, upload, or distribute any Material that depicts, promotes, or attempts to normalize, encourage, or knowingly result in the sexual abuse of minors. This includes Material that in any way sexualizes minors, including real or manipulated media, animation, computer-generated imagery, or other digital creation; engaging or attempting to engage in sexually suggestive or explicit communication with a minor; and soliciting sexually suggestive or explicit Material from, or sharing such Material with, a minor.
(9) You will not use the Services to create, upload, or distribute Material or engage in conduct that constitutes hate speech or behavior, which we define to be any form of expression that is reasonably understood to attack or promote hatred or violence against an individual or group based on any of the following characteristics: age; color or race; disability; ethnicity; gender or gender identity; national origin or immigration status; religious affiliation; sex or sexual orientation; military service; socioeconomic class, status, or caste; or weight, size, or body type.
(10) You will not use the Services to create, upload, or distribute Material or engage in conduct that depicts, promotes, or supports violent extremism or terrorism. This includes any Material or conduct which is reasonably understood as endorsing or supporting extremist violence or the perpetrators of such acts; and promoting extremist ideologies or conspiracy theories that encourage or incite violence against others.
(11) You will follow any additional rules set out in the individual Community Standards that may apply to your use of specific games, apps, products, or websites within the Services, all of which are incorporated herein by reference.
(12) In addition to the foregoing, you will not use the Services to create, upload, or distribute any other Material or engage in any conduct that is otherwise illegal or use the Services to attempt or conspire to commit any of the violations specified in this Code of Conduct.
6.4 No Technical Exploits. You agree that:
(1) You will not use IP proxying or other methods to disguise your location or place of residence including, without limitation, to circumvent geographical restrictions on access to Content, access controls, or technical protective measures; or to engage in activities that are unlawful based on applicable local law.
(2) You will not, unless subject to separate, express written terms provided by YOYO Games, use the Services via, or copy any Content to, a remote server, virtual PC, or other system or network including, without limitation, one that enables (or purports to enable) such Services or Content to be downloaded or streamed to one or more separate internet-enabled devices.
(3) You will not use, promote, or make available any bug, glitch, exploit, cheat, hack, script, bot, unauthorized mod, or other methods designed to maliciously interact with the Services, including without limitation, to breach this Agreement; to collect information or user data; exploit system vulnerabilities; circumvent content moderation or filtering systems; or otherwise intercept, redirect, or interfere with the operation of the Services.
(4) You will not reverse engineer, decompile, or disassemble (except where permitted under applicable legal exceptions deriving from EU Directive 2009/24 or other applicable law), display, perform, prepare derivative works based on, or otherwise modify the Services, in whole or in part, without our explicit prior written consent.
(5) You will not use the Services to distribute, upload, or transmit any software, scripts, code, or other information (including, but not limited to, any virus, worm, timebot, cancelbot, trojan horse, hacks, or other harmful code) to modify or alter the Services in any unauthorized way, or to transmit such information.
(1) You will not use IP proxying or other methods to disguise your location or place of residence including, without limitation, to circumvent geographical restrictions on access to Content, access controls, or technical protective measures; or to engage in activities that are unlawful based on applicable local law.
(2) You will not, unless subject to separate, express written terms provided by YOYO Games, use the Services via, or copy any Content to, a remote server, virtual PC, or other system or network including, without limitation, one that enables (or purports to enable) such Services or Content to be downloaded or streamed to one or more separate internet-enabled devices.
(3) You will not use, promote, or make available any bug, glitch, exploit, cheat, hack, script, bot, unauthorized mod, or other methods designed to maliciously interact with the Services, including without limitation, to breach this Agreement; to collect information or user data; exploit system vulnerabilities; circumvent content moderation or filtering systems; or otherwise intercept, redirect, or interfere with the operation of the Services.
(4) You will not reverse engineer, decompile, or disassemble (except where permitted under applicable legal exceptions deriving from EU Directive 2009/24 or other applicable law), display, perform, prepare derivative works based on, or otherwise modify the Services, in whole or in part, without our explicit prior written consent.
(5) You will not use the Services to distribute, upload, or transmit any software, scripts, code, or other information (including, but not limited to, any virus, worm, timebot, cancelbot, trojan horse, hacks, or other harmful code) to modify or alter the Services in any unauthorized way, or to transmit such information.
6.5 Supporting or Encouraging Violations. You agree that you will not provide material support
to another user’s violation or attempted violation of this Agreement. This includes providing financial support;
know-how, expertise, or other assistance; or repeated encouragement to engage in conduct that violates this Agreement.
6.6 Applicability to Employees, Agents, and Contractors. For clarity, the rules for conduct and
behavior in this Section 6 apply to your communications and interactions with YOYO Games’s employees, agents,
and contractors including, without limitation, individuals on our customer support, engineering, security, or
community teams.
6.7 Consequences for Violations. If you breach the Agreement, including without limitation the
User Rules in this Section 6 (as amended from time to time), YOYO Games reserves the right to take adverse action
against you including, without limitation: resetting some or all in-game progress associated with your Account;
suspending your access to some or all of the Services, Virtual Items, or your Account; terminating your access to
some or all of the Services, Virtual Items, or closing your Account in accordance with the termination provisions
below; barring you from creating an Account or accessing the Services in the future; or taking appropriate legal
action to enforce this Agreement or our other rights under applicable law. We may notify law enforcement or other
government agency or regulatory body, and provide any associated personal data as set out in our Privacy Policy,
if the breach involves a threat to the life or safety of yourself or others, or any other activity that we believe
to be unlawful. We reserve the right to take adverse action against you based on information we might receive from
third parties including, without limitation, other users, law enforcement, government agencies or other regulatory
authorities. We are not liable for any violation of this Agreement by you or by any other user.
6.8 Monitoring; User Tools and Automated Systems. We may (but are not obligated to) actively monitor
use of the Services for a variety of different purposes, including preventing cheating and hacking; ensuring your
compliance with this Agreement; enforcing the terms of this Agreement; and improving the Services.
The Services may employ moderation and filtering systems, such as automated word filters and content or symbol-recognition software, which are intended to prevent or cease the distribution of Material that violates this Agreement. The Services may also include tools to enable users to control their interactions with other users, such as allowing users to opt-in to in-game text chat or voice communications, or to enable users to “mute” or block other users. The Services may feature reporting tools, either in-game or via dedicated support websites, through which users can report violations of the Code of Conduct for our review.
The features and tools described above may incorporate algorithms, artificial intelligence, machine learning, or other automated systems to help us accomplish the purposes described in this Section at the scale and scope needed to effectively maintain the Services for our users.
Moderation and filtering systems may vary among Services, including based on the Content, age rating, or target audience of a particular Service. More information on how we monitor and collect data regarding the use of the Services can be found in our Privacy Policy.
The Services may employ moderation and filtering systems, such as automated word filters and content or symbol-recognition software, which are intended to prevent or cease the distribution of Material that violates this Agreement. The Services may also include tools to enable users to control their interactions with other users, such as allowing users to opt-in to in-game text chat or voice communications, or to enable users to “mute” or block other users. The Services may feature reporting tools, either in-game or via dedicated support websites, through which users can report violations of the Code of Conduct for our review.
The features and tools described above may incorporate algorithms, artificial intelligence, machine learning, or other automated systems to help us accomplish the purposes described in this Section at the scale and scope needed to effectively maintain the Services for our users.
Moderation and filtering systems may vary among Services, including based on the Content, age rating, or target audience of a particular Service. More information on how we monitor and collect data regarding the use of the Services can be found in our Privacy Policy.
7.Content Reporting; Take-Down Requests; DMCA.
7.1 Harmful or Illegal Content. If you are aware of any UGC or Custom Content available on the
Services that violates the User Rules in Section 6 of this Agreement, including the Code of Conduct, you may notify
us using the reporting tools located in-game or on our related customer support websites. By submitting any such
notification to us, you confirm that you have a good faith belief that the UGC or Custom Content that you report
violates the Agreement and the information provided in your notice are accurate and complete.
7.2 Repeat Infringer Policy. If you repeatedly violate this Agreement, for instance by infringing
our intellectual property rights, the Code of Conduct, or the rights of third-parties, we reserve the right to take
adverse action against you including, without limitation: suspending your access to some or all of the Services,
Virtual Items and/or your Account; closing your Account in accordance with the termination provisions below; barring
you from creating an Account or accessing the Services in the future; or taking appropriate legal action to enforce
this Agreement or our other rights under applicable law.
8.Updates and Features.
8.1 Updates and Modifications. We may provide patches, updates, or upgrades to the Services, Virtual
Items, or your Account that may be required to continue using the Services, including automatic or “in the background”
updates without notice to you. Such updates are subject to this Agreement unless other terms are presented with
the updates, in which case, those other terms apply. We are not obligated to make any updates available. We do not
guarantee that we will support the version of the system or device for which you licensed, obtained, or purchased
any part of the Services, unless we have made claims regarding compatibility. We may from time to time, without
additional cost to you, modify, alter, or suspend, whether in whole in part, any of our Services, Virtual Items,
and/or your Account, for a valid reason. Valid reasons include, without limitation: improvement of our Services,
Virtual Items, or your Account (such as offering new Services, Virtual Items, or Content); changes necessary for
game balancing, for bug fixing or to prevent or counter exploits; changes that are necessary due to a new technical
environment or an increased or decreased number of users; suspected or actual intellectual property infringement;
changes in licenses we hold from third parties or other third-party compliance requirements; termination of agreements
we have with third-parties for whatever reason; discontinuance of the supply, by a third-party, of a service or
feature which is part or interconnected with our Services, Virtual Item, or your Account; changes of specific and
verifiable open market costs; necessary enhancements for the safety of users or other third parties; or other material,
legal, regulatory, or security reasons.
8.2 Auto-Generated Players. As part of the Services, we may offer you the opportunity to play with
your friends or other matched opponents. To ensure that you have available opponents at the right skill level, some
of these matched opponents may be auto-generated, computer-controlled players that look and play like real people.
8.3 Availability. The Services, Virtual Items, Content, or your Account may be offered for a limited
time, or may vary depending on your region or device. If you change regions, without prejudice to our portability
obligations under applicable law and depending on your agreement with the applicable App, you may need to re-acquire
certain Services, Virtual Items, or Content that you paid for or acquired in your previous region. Similarly, if
you change regions, you may no longer be able to access certain Services, Content or Virtual Items that you were
able to access in your previous region if such Services, Content, or Virtual Items are prohibited by the applicable
laws of the new region in which you are present.
8.4 Third Party Services. You may have the possibility, via the Services, to access or enable
content, software, apps, products, websites, platforms, functionality, and services operated by third parties that
are not part of YOYO Games or otherwise under our control (“Third Party Services”). If you choose
to access, transact with, enable, or otherwise interact with any such Third Party Services, you understand that
you are directing the applicable third party entity to make such Third Party Services available to you. You are
responsible for your dealings with third parties. When you use our Services to access Third Party Services, any
applicable usage terms associated with the Third Party Services will govern your use of that Third Party Service.
We do not endorse any Third Party Services made available or marketed on or through the Services. We do not license
any intellectual property rights to you as part of any Third Party Services, and we are not responsible or liable
to you or others for any Third Party Services or for the results, information, content, or interactions you may
encounter while using them. Any concerns you have regarding the results, information, content, or interactions you
may encounter while using such Third Party Services should be directed to the provider of such Third Party Services.
8.5 Internet-Based Services. The Services may require a connection to the internet via a wireless
or cellular network and, as a result, may therefore receive certain standard information about the device, system,
and software used by you to connect to the Services. Such information is collected and used by us in accordance
with our Privacy Policy. You are solely responsible for the maintenance and reliability of your internet connection
at your own cost and for any usage fees which may arise as a result of your access to the Services via any wireless
or cellular network.
8.6 Third Party Advertising. Some of the Services may include advertisements for, or links to,
third party websites, content, goods, promotions, or services (“Third Party Advertising”). We are
not responsible for, nor control the content of, any Third Party Advertising, and the inclusion of such Third Party
Advertising in the Services does not mean that we either endorse or approve of such Third Party Advertising or the
websites, content, goods, promotions, services, or business practices of the third party providers of such Third
Party Advertising.
9.Your Responsibilities to Us.
You agree to defend, indemnify and hold harmless YOYO Games from and against any and all direct liabilities, damages,
losses arising out of or in connection with: (1) your breach of this Agreement; (2) any information or content provided
by you that infringes the rights of a third party when used by us in accordance with this Agreement; and (3) your
unlawful acts or omissions. We can assist, at our own expense, in the defense of any matter subject to indemnification
by you, and in such case, you agree to cooperate with us, and we will take reasonable steps to mitigate our losses.
However, you are not required to indemnify YOYO Games in respect of any liabilities, damages or losses arising out
of or in connection with the negligent acts or omissions, fraud, or willful misconduct by YOYO Games, YOYO Games’s
officer’s employees, contractors or agents, or to the extent you are not responsible for the breach.
You are solely responsible for any third party costs you incur to use the Services, Virtual Items or your Account.
You are solely responsible for any third party costs you incur to use the Services, Virtual Items or your Account.
10.Termination.
You may stop using the Services, Virtual Items, or your Account at any time and terminate this Agreement by destroying
or deleting all copies of any materials or software in your possession and/or by deleting your Account. In addition,
you may request that we delete your Account, and your personal information, at any time in accordance with our Privacy Policy.
For any Services, Virtual Items, and/or Account provided to you for an indefinite period of time, we have the right to terminate this Agreement and your access to the Services, Virtual Items and your Account, or cease providing such Services, at any time for any reason in our sole discretion. If we have reasonable means to contact you and where practicable, we will try to inform you reasonably in advance of any such termination or cessation of Services taking effect. Where it is not practicable to inform you in advance, we will try to inform you promptly afterwards. If your habitual residency is in Germany, the right of both parties to extraordinary termination for good cause shall remain unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
We may immediately terminate or suspend your right to access any aspect of the Services, Virtual Items, Content, and/or your Account if you: breach this Agreement; use the Services, Virtual Items, or your Account fraudulently, illegally or in any manner other than for its intended purposes; initiate any adverse proceeding against us; or if we are under a legal obligation to do so. If we decide to terminate or suspend your right to access some or all of the Services, Virtual Items, or your Account, we will try to inform you in advance of such termination or suspension unless the action is taken under a legal obligation that does not require us to inform you or if it is not practicable for us to do so.
You acknowledge and agree that if this Agreement is terminated (or we end your right to access any of the Services, Virtual Items, Content, or your Account in accordance with the terms of this Agreement), the licenses granted to you under this Agreement (or in respect of such Services, Virtual Items, Content, or Account) shall immediately terminate.
For any Services, Virtual Items, and/or Account provided to you for an indefinite period of time, we have the right to terminate this Agreement and your access to the Services, Virtual Items and your Account, or cease providing such Services, at any time for any reason in our sole discretion. If we have reasonable means to contact you and where practicable, we will try to inform you reasonably in advance of any such termination or cessation of Services taking effect. Where it is not practicable to inform you in advance, we will try to inform you promptly afterwards. If your habitual residency is in Germany, the right of both parties to extraordinary termination for good cause shall remain unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
We may immediately terminate or suspend your right to access any aspect of the Services, Virtual Items, Content, and/or your Account if you: breach this Agreement; use the Services, Virtual Items, or your Account fraudulently, illegally or in any manner other than for its intended purposes; initiate any adverse proceeding against us; or if we are under a legal obligation to do so. If we decide to terminate or suspend your right to access some or all of the Services, Virtual Items, or your Account, we will try to inform you in advance of such termination or suspension unless the action is taken under a legal obligation that does not require us to inform you or if it is not practicable for us to do so.
You acknowledge and agree that if this Agreement is terminated (or we end your right to access any of the Services, Virtual Items, Content, or your Account in accordance with the terms of this Agreement), the licenses granted to you under this Agreement (or in respect of such Services, Virtual Items, Content, or Account) shall immediately terminate.
11.Contact Us.
If you have any questions or concerns about the Services, Virtual Items, your Account, or this Agreement, please
contact us at yoyogames.studio@gmail.com