Spawnpoint: Terms of Services

Last Updated: 4th August 2022

A quick summary:

  1. These Terms are legally binding on you when you access our platform, Spawnpoint, and play our games.
  2. Everything in these Terms is important and should be read by you, but we particularly draw your attention to the following: section 4 (which sets out our liability to you) and section 5 (which sets out what happens in a dispute).
  3. We may need to amend the Terms and the Spawnpoint Services in certain situations (e.g. to make technical improvements).
  4. There are a number of rules set out in section 2 – if you breach these, we may stop you accessing our Spawnpoint Services.
  5. If you’ve got any queries or concerns about these Terms, please email us at legal@spawnpoint.io
  1. About Spawnpoint and these Terms
    1. We are Fennec Labs Ltd based at Fennec House, Anson Court, Staffordshire Technology Park, Stafford, United Kingdom (known as "Spawnpoint" – we may also refer to ourselves as "We" in these Terms). These Terms of Service are a legally binding contract between you and Spawnpoint ("Terms") and they cover our platform Spawnpoint, our games (such as RE:COIL), our website (https://spawnpoint.io), our customer support and social media ("Spawnpoint Services"").
    2. We may make changes to the Spawnpoint Services and / or these Terms for various reasons – such as to reflect changes in applicable laws or regulatory requirements and / or to implement technical changes or improvements (e.g. to address a security issue or changes in our business practices). If we make minor changes, these should not impact your use of the Spawnpoint Services. If we make more significant changes to the Spawnpoint Services, or in the unlikely event we suspend or permanently discontinue any of the Spawnpoint Services, we will notify you in advance and, where appropriate, you may be eligible to a partial or full refund – please contact us.
    3. You must be at least 13 years old to sign-up and use the Spawnpoint Services. If you are between 13 and 18, please ask your parent or guardian to review and approve these Terms and to supervise your use of the Spawnpoint Services.
    4. You can terminate these Terms at any time by permanently stopping use of the Spawnpoint Services. Termination will not affect already existing rights or obligations of either us or you.
    5. If you have any questions about these Terms, please feel free to email us at legal@spawnpoint.io
  2. Use of the Spawnpoint Services
    1. We ask you to follow a few simple rules if you access, download or otherwise use our Spawnpoint Services. Please read them carefully, as failure to follow them will be considered a breach of these Terms, which could lead to suspension or cancellation of your access to the Spawnpoint Services:
      1. Personal Enjoyment. Only use the Spawnpoint Services for your personal enjoyment, and not for any commercial, marketing or political purpose.
      2. Restricted Access. Do not attempt to copy, rent, sell, lend, lease, sub-license, distribute, publish or publicly display the Spawnpoint Services or any of your rights under these Terms to anyone else not expressly permitted under these Terms.
      3. Misuse. Do not cheat, hack, harm, modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble the Spawnpoint Services, (unless you are allowed to under your local laws), or any platform / network / server it runs on.
      4. Infringing Content. Do not do anything in connection with the Spawnpoint Services that infringes copyright, trade mark, patent, trade secret, privacy, publicity or other intellectual property rights.
      5. Conduct. Do not do or say anything that is or may be considered threatening, harassing, racist, sexist, discriminatory, abusive, defamatory or otherwise offensive or illegal. We reserve the right to monitor the content of the Spawnpoint Services and any user-generated content.
    2. You agree to comply at all times with any health and safety policies and procedures regarding the Spawnpoint Services, including all reasonable instructions of any Venue staff and / or Spawnpoint representatives (if applicable).
  3. License and intellectual property

    The Spawnpoint Services including (but not limited to) its visual components, user interface, graphics, audio, video, text, layout, computer code, databases, data and all other content, with all the intellectual property rights and exploitation rights in them, are either owned by Spawnpoint or licensed from third parties. All rights in the Spawnpoint Services are reserved except as explained in these Terms. No ownership right or interest or other rights in the Spawnpoint Services any part of it is transferred to you. We grant you a personal, limited, terminable, non-exclusive, non-transferable licence to access, display, view and use the Spawnpoint Services on authorised devices and platforms (subject to you abiding by these Terms).

  4. Our responsibility and liability to you
    1. There are certain situations where we will be responsible or liable for losses or damages you suffer. These are as follows:
      1. Where it would be unlawful.

        We do not exclude or limit our liability to you where it would be unlawful to do so, this includes:
        - Death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors).
        - Fraud or fraudulent misrepresentation.
        - Breach of your legal rights.
        - For defective products.

      2. Personal losses

        We only supply the Spawnpoint Services for personal use, subject to any agreements or arrangements we have with any Venues. If you use the Spawnpoint Services for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.

    2. Subject to 4.1. above, the total liability of Spawnpoint (and its group companies) arising out of or in connection with these Terms will not exceed the total amount you have paid to us under these Terms during the twelve (12) months immediately prior to the event which caused the liability.
  5. Governing law and dispute resolution
    1. You and we agree that your use of the Spawnpoint Services and these Terms (and any issues arising out of them) will be governed by and interpreted in accordance with the laws of England, and any dispute regarding it will be under the jurisdiction of the courts of England. This does not exclude any mandatorily applicable rules or remedies which would be available to you in legal claim brought under the laws of your country of residence.
    2. We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally, we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a legal claim against Spawnpoint, you should send it to legal@spawnpoint.io.
    3. Please note that the Spawnpoint Services may be offered in public third-party venues (such as VR arcades or other entertainment venues) ("Venues") via arrangements or agreements with us. These Venues are not part of our company group. If you have any dispute with a Venue relating to your use of the Spawnpoint Services, you release Spawnpoint from all claims, demands and damages arising out of or in any way connected with such disputes.
  6. Other legal matters
    1. We can assign, subcontract or transfer these Terms to a third party or another member of our group (as part of any reorganisation or merger or for other business reasons), provided that this does not affect your legal rights (or with your consent).
    2. These Terms govern our relationship with you (and vice versa). It does not create rights for anyone else.
    3. If any part of these Terms is found not to be legally enforceable, this will not affect any other part of it.