Terms of Service

These Terms of Service (“Terms” or “ToS”) govern your use of the website located at awakenedbyspice.com or any related subdomains, services, or applications (collectively, the “Website”), which is operated and provided by Awakened by Spice (“Company,” “we,” “us,” or “our”).

• “User,” “you,” or “your” refers to any person or entity accessing, visiting, or otherwise making use of the Website.
• “User Generated Content” refers to content of any kind (including comments, photos, images, text, videos, or other works) that Users upload, transmit, or submit to the Website.
• “Third-Party Content” refers to any materials, links, or resources not owned or controlled by the Company and which may be accessible from or linked to on this Website.

By accessing or otherwise using this Website, you confirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (collectively, the “Agreement”). If you do not agree with any part of these Terms, you must discontinue use of the Website immediately.

We reserve the right to change or modify these Terms at any time. If we make material changes, we may (but are not obliged to) provide reasonable notice, such as posting a notice on the Website. Your continued use of the Website after such changes have been posted constitutes your acceptance of the amended Terms. We encourage you to periodically review these Terms to stay informed of any updates.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Website and supersede all previous agreements, understandings, communications, written or oral, related to the subject matter of these Terms.

Awakened by Spice is a fan website dedicated to providing information, tools, and community interaction related to the Dune Awakening game. We are not affiliated with, endorsed by or in any way officially connected to the official game developer and publisher Funcom or IP holder Legendary. All intellectual property, assets, logos, characters, names and distinctive likenesses related to Dune Awakening belong to Funcom Oslo AS and Legendary. Any references to the game or its intellectual property are made solely for informational and fan-based purposes, subject to applicable fan content policies.

Subject to your full compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable, limited license to access and use the Website solely for your personal, non-commercial, and informational purposes. You may temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only.

Unless expressly authorized in writing by the Company, you shall not:

• Modify, alter, reproduce, or distribute any material found on the Website;
• Copy, decipher, decompile, reverse engineer, disassemble, attempt to derive the source code of, or create derivative works of any portion of the Website;
• Rent, lease, lend, sell, redistribute, or sublicense any materials found on the Website;
• Remove any copyright, trademark, or other proprietary notations from the materials;
• Transfer or “mirror” any materials to any other server or location;
• Use the Website or any content therein for any commercial purpose or for the benefit of any third party unless expressly permitted herein;
• Use the Website or materials for any public display (commercial or non-commercial) without prior written authorization;
• Use automated means (including bots, scrapers, or spiders) to access or use the Website, unless specifically allowed by the Website’s robots.txt file or other written permission;
• Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems, networks, or servers connected to the Website by hacking, password “mining”” or any other illegitimate means.

All materials contained on or generated through the Website—including text, graphics, logos, images, software, and other content—are owned or licensed by the Company unless otherwise indicated. All rights not expressly granted in these Terms are reserved by the Company.

We may, in our sole discretion, at any time and for any reason, suspend, terminate, or refuse to grant you access to the Website or any portion thereof, with or without prior notice. You agree that the Company will not be liable to you or any third party for any such suspension or termination.

You represent and warrant that you are at least the age of majority in your place of residence (or have the consent of a parent or legal guardian), and have the full legal capacity to enter into these Terms. If you are under the age of 13 (or the equivalent age of digital consent in your jurisdiction), you are not permitted to use the Website.

Certain features of the Website may require you to register an account. You agree that the information you provide is accurate and up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

We reserve the right, in our sole discretion, to suspend or delete accounts that we believe violate these Terms, infringe on our or any third party’s rights, or for any other lawful reason.

To the fullest extent permitted by law, the Website (including any content, materials, services, or information therein) is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied. We expressly disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranties arising out of course of dealing or usage of trade.

We do not guarantee, represent, or warrant that your use of the Website will be uninterrupted, timely, secure, or error-free, or that the Website or content will be free of viruses, malware, or other harmful components. You assume all risk regarding the quality, accuracy, and completeness of any content, materials, or information provided on or through the Website.

Awakened by Spice is not affiliated with the official developers or publishers of Dune Awakening. All references to the game, its storyline, characters, images, or symbols are used only for informational or “fan site” purposes. We make no claims regarding ownership or endorsement by the official game rights holders. All trademarks, logos, and other intellectual property relating to Dune Awakening belong to their respective owners.

All guides, tips, strategies, or other information provided on the Website are for informational and entertainment purposes only. No content on the Website constitutes professional advice or an official statement from the developer or publisher of Dune Awakening. You bear sole responsibility for any decisions or actions taken based on information obtained from the Website.

To the fullest extent permitted under applicable law and except as otherwise prohibited by law, neither Awakened by Spice nor its directors, officers, employees, consultants, affiliates, subsidiaries, agents, and representatives (collectively, “Released Parties”) shall be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, or any damage to goodwill or reputation arising out of or related to your use of (or inability to use) the Website, even if we have been advised of the possibility of such damages.

If, notwithstanding the above, any Released Party is found liable for any damages or loss in connection with the Website, to the fullest extent permitted by law, such liability shall in no event exceed the total amount paid by you (if any) for accessing the Website over the three (3) months preceding the date of the claim or $1, whichever is greater.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by law.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, expenses, litigation costs, judgments, or attorneys’ fees arising out of or in any way connected with:

• Your access to or use of the Website;
• Your User Generated Content;
• Your violation of any portion of these Terms;
• Your violation of any third-party right, including any intellectual property, publicity, confidentiality, or privacy right;
• Any dispute or disagreement between you and any third party.

We will provide notice to you of any such claim or action. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles. You irrevocably submit to the exclusive jurisdiction of the courts located in that jurisdiction, unless otherwise required by consumer protection laws or by a written arbitration agreement (if applicable).

Where permitted by applicable law, and at our sole discretion, we may require you to submit any dispute arising from these Terms or your use of the Website—other than a dispute relating to our intellectual property rights, or claims that may not be arbitrated under applicable law—to final and binding arbitration administered by a recognized arbitration institution. If required, we will provide further details about the applicable arbitration procedure.

To the fullest extent permitted by law, all disputes must be brought in the parties’ individual capacities. You agree not to bring or participate in any class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties waive any right to a jury trial to the extent permitted by law.

The Website may contain links to third-party websites or resources (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and make no representation or warranties of any kind regarding its accuracy or completeness. Accessing Third-Party Content is at your own risk.

Inclusion of any link on the Website does not imply endorsement by us. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any Third-Party Content.

Certain features of the Website may allow you to upload, post, submit, or transmit comments, photos, videos, screenshots, text, data, or other works (“User Generated Content” or “UGC”). You are solely responsible for all UGC that you submit and the consequences of posting it.

By submitting or posting UGC, you affirm that you have all necessary rights, licenses, and authorization to grant the Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up license (with the right to sublicense) to use, reproduce, modify, adapt, edit, display, publish, perform, transmit, store, distribute, commercialize, and otherwise exploit your UGC, in whole or in part, in any and all media or distribution methods now known or later developed, without further notice, attribution, or compensation to you or any third party.

Ownership of your UGC remains with you or its rightful owner, but the license you grant herein allows the Company to use it in accordance with these Terms.

You agree not to upload, post, or transmit any UGC that:

• Infringes any third party’s intellectual property or proprietary rights;
• Is unlawful, harmful, abusive, defamatory, invasive of privacy, threatening, vulgar, obscene, hateful, or otherwise objectionable;
• Contains or installs any malware, viruses, spyware, or other malicious software;
• Violates any applicable law, regulation, or these Terms;
• Advertises or solicits funds, goods, or services without our express written permission;
• Contains personal data of others unless you have lawful authority to disclose such data.

You acknowledge that you may be exposed to UGC from a variety of sources and understand that UGC may be inaccurate, offensive, misleading, or otherwise objectionable. We do not endorse any UGC and disclaim any liability for UGC. You waive any legal or equitable right or remedy you may have against the Company with respect to UGC.

We reserve the right (but have no obligation) to review, monitor, refuse to post, or remove any UGC at our sole discretion and without notice, for any reason, including if we believe it violates these Terms or applicable law. We also reserve the right to terminate or suspend user accounts that repeatedly post infringing or prohibited content.

You agree not to disclose to the Company (including by email, contact form, social media, or comment sections) any ideas, inventions, or works of authorship that you do not wish to license according to these Terms. If you do so, you hereby grant the Company the rights described in Section 9.2 User Content License above, and you agree that you have no claim against the Company or its affiliates arising from the Company’s use of any such unsolicited ideas.

Awakened by Spice respects the intellectual property rights of others and expects its users to do the same. If you believe that material on or linked to by our Website infringes upon your copyright or other intellectual property, you should notify us promptly.

Pursuant to the Digital Millennium Copyright Act (“DMCA”) in the United States, if you are a U.S. resident or wish to assert U.S. copyrights, you may notify us of suspected copyright infringement by contacting us at info@awakenedbyspice.com. Your notice must comply with 17 U.S.C. § 512(c)(3).

Please be aware that if you make a false claim of infringement or misrepresent material facts, you may be liable for damages, including attorneys’ fees.

Upon receipt of a valid copyright infringement notification, we reserve the right to remove or disable access to the allegedly infringing material at our discretion. We will, where feasible, make reasonable attempts to notify the user who posted the material.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

We shall not be liable for any delay or failure in performance resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, fire, floods, pandemics, or strikes (“Force Majeure Event”). We will use reasonable efforts to mitigate the effects of any Force Majeure Event.

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and the Company. You do not have any authority of any kind to bind the Company in any respect.

You shall not assign or transfer any rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights or obligations under these Terms at our sole discretion.

When you use the Website or send emails to us, you consent to receive electronic communications from us. We will communicate with you via email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you have any questions about these Terms or the Website, please contact us at info@awakenedbyspice.com or by visiting our “Contact Us” page.