Many of you have probably heard of Yoyogames, they make the popular 'Game Maker' game creation software. Recently they have been trying to branch out and publish games on platforms such as the iPhone and Sony PSP. I'm lucky enough to have one of my games chosen to be one of the first published, and they've sent me this contract to sign. Im only 18 and not in this for the money, and of course there will be plenty people more experienced than me on this forum. I was just wondering if anybody sees anything fishy. Thanks for the help
YoYo Games Store submission agreement
The “YoYo Games Store” is a service run by YoYo Games, which may allow you to make money from your Games by allowing YoYo Games to “Use” them. For this purpose the term “Use” means sell, market, promote, distribute, modify and adapt.
The following terms therefore apply to all Games that you submit to the YoYo Games Store and incorporate and should be read in conjunction with the main YoYo Games Terms and Conditions (
http://www.yoyogames.com/terms). All capitalised terms have the same meaning as in those Terms and Conditions.
By signing this agreement or uploading your Game to the YoYo Games Store you agree and accept that:
Rights of Use
If YoYo Games accepts your Game for use in the YoYo Games Store you grant it the EXCLUSIVE right to Use your Game (and any modification or adaptation of it) in any country in the World on and in any media or platform (e.g. Sony PSP, Google Android, Apple IPhone). This means that you will not allow and have not allowed anyone else to use your Game (or any modification or adaptation of it) and we will not need to get any further approvals from you for those Uses.
As with all Games, you are committing to us that this is your original work and that it does not infringe any copyrights or other Intellectual Property Rights. If it does, then you will accept liability and indemnify YoYo Games from any costs, penalties and other liabilities.
YoYo Games can use screen shots and video sequences to promote your Game free of charge.
YoYo Games reserves the right to modify the gameplay or assets to better target different devices or markets.
YoYo Games retains ownership of all additional assets created during the publishing and development process (e.g. any art, design, code and audio work). These additional assets may not be used without the express permission of YoYo Games.
Submission Process
If we accept your Game we’ll formally tell you within 30 days of you uploading it. If we don’t tell you, then the full rights automatically return to you. YoYo Games reserves the right to not provide reasons for non acceptance of a Game.
Once we “accept” your Game, we aim to Use your game within 60 days unless we request changes in that period. Should we request any changes to your Game then the 60 day period is suspended from the point we make that request. If we miss this deadline the rights granted above will return to you UNLESS we formally request another extension in writing or email (in which case we will get another 30 days to start using it).
Submission Criteria
When you upload the Game for consideration you must upload the source code for the Game (.GMK File or similar) as well as any other files required to make the Game playable. A written description of the files and any directory assignments is to be included with the submission.
You must be over the age of 18 years or else have your parent’s or guardian’s consent to submit your Games to the YoYo Games App Store. By submitting your game you therefore confirm that you are over 18 years of age or else have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms. By submitting a Game you confirm that you understand these terms or have had them explained by a parent or guardian who does.
Sales, Revenue Share and Payment
For all of our work associated selling, marketing, promoting, distributing, modifying and adapting your Game we will be entitled to receive and will take a commission of 50% of the Net Revenues received by us as a result of such Use. For this purpose “Net Revenues” means the total sums actually and directly received by YoYo Games LESS (i) applicable taxes; (ii) credits, charge backs and refunds; (iii) any related third party commissions; and (iv) any ratings, design, development, production, sales and marketing costs as described below. The remaining 50% will be your “Revenue Share”.
YoYo Games will make all payments of Revenue Share due to you to a Paypal account. You therefore agree that you will arrange for a Paypal account to be established and will provide us with full details in order that we may make payments to it. You will be responsible for your Paypal account and any sums held in it.
YoYo Games will be responsible for invoicing, payment collections and pricing concerning its Use of the Game but will only be responsible for collecting Sales Tax within the European Union. If any sales taxes are applicable outside of the European Union then you are responsible for these.
YoYo Games may incur expenditure on design, development, production, sales and marketing in relation to the Game and will deduct these costs from the gross revenues to calculate the Net Revenues. This specific deduction will not be more than $5,000 in total unless you specifically agree.
You are responsible for all taxes and any other duties to/from you as a result of the payment of Revenue Share to you.
We’ll pay you 60 days after the date we launch the Game (if sums are due), and then every 30 days thereafter, 60 days in arrears. In the event we do not get paid by the 3rd party distributor involved, YoYo Games will not be required to make payment and reserves the right to alter payment terms on giving you reasonable notice.
If your Game makes less than $100 in net revenues in any given 30 days we will “roll over the amount” into the following month.
Miscellaneous
YoYo Games will provide the End User License Agreement for your Games.
YoYo Games will be responsible for obtaining required “content Ratings” (if any). You agree to provide reasonable co-operation in support of obtaining these ratings.
You can terminate this Agreement at any time by giving YoYo Games 90 days notice in writing. YoYo Games reserve the right to change the terms and conditions applicable to the YoYo Games Store and Games submitted for it from time to time and these changes shall become effective immediately upon being accessible from
www.yoyogames.com/[yoyogamestoreterms].
Developer
