YoYo Games IP Rights Policy
Last updated: 04 June 2019
YoYo Games respects the intellectual property of others and we expect the users of our services to do the same. If you believe that your copyright or other intellectual property rights have been infringed and are accessible through a website or other online service operated by YoYo Games, you may notify our agent in accordance with the United States’ Digital Millennium Copyright Act 1998 (DMCA). This IP Rights Policy also applies to the European Union’s E-Commerce Directive 2000/31/EC (including appropriate EU Member State implementing legislation), and any other applicable IP rights legislation worldwide, in relation to other applicable intellectual property rights.
FILING AN INFRINGEMENT NOTIFICATION
To file an infringement notification with us you will need to send a written communication that includes the following information (please consult your legal counsel or, if applicable, see Section 512(c)(3) of the DMCA to confirm these requirements) (“Notification of Claimed Infringement”) to the Designated Agent identified below:
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit YoYo Games to locate the material (e.g. links);
- Information reasonably sufficient to permit YoYo Games to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed.
Your Notification of Claimed Infringement may be shared by YoYo Games with the persons(s) alleged to have infringed a right you own or control, and you hereby consent to YoYo Games making such disclosure. You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement. Please note that if applicable under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please take this seriously!
YoYo Games’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
- Via Ticket: help.yoyogames.com
- Via U.S. Mail: Helpdesk Team, YoYo Games Ltd, River Court, 5 West Victoria Dock Road, Dundee, UK DD1 3JT
FILING A COUNTER NOTIFICATION
If you receive a notification from YoYo Games that material made available by you on or through the YYG Platforms has been the subject of a Notification of Claimed Infringement, then you will have the right to provide YoYo Games with what is called a “Counter Notification”. To be effective, a Counter Notification must be in writing, provided to YoYo Games’s Designated Agent through one of the methods identified above and include substantially the following information:
- A physical or electronic signature of a person authorised to act on behalf of the copyright or other IP rights owner;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address and telephone number; and
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you live, or if you live outside of the United States, then for any judicial district in which YoYo Games may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.