Terms of use
Effective Date: Date of Release
These Terms of Use ("Terms") govern your access to and use of www.spicykoalagames.com (the "Site"), operated by Spicy Koala ("we," "us," "our"), including any content, marketing materials, press/influencer asset packs, and related services made available on the Site (collectively, the "Services").
By accessing or using the Site — including by downloading any marketing asset pack — you agree to be bound by these Terms. If you do not agree, do not use the Site or download any materials from it.
1. Eligibility
You must be at least 13 years old to use the Site. If you are between 13 and the age of legal majority in your jurisdiction, you confirm that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. If you are accessing the Site on behalf of an organization (e.g., a media outlet, agency, or brand), you represent that you have authority to bind that organization to these Terms.
2. Changes to These Terms
We may revise these Terms at any time by updating this page. Material changes will be reflected by an updated "Last Updated" date. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
3. Description of the Site
The Site provides information about Spicy Koala and the games we publish, and includes a press/media section offering downloadable marketing asset packs ("Asset Packs") — such as logos, key art, screenshots, gameplay footage, and trailers — for use by press, content creators, and influencers. No account or registration is currently required to access these downloads; access may be changed at our discretion at any time.
4. Intellectual Property Ownership
All content on the Site — including but not limited to game titles, logos, trademarks, screenshots, video, audio, artwork, text, and the overall look and feel of the Site — is owned by Spicy Koala and/or our licensors (including any third-party developers whose games we publish) and is protected by copyright, trademark, and other intellectual property laws.
Except for the limited license granted in Section 5 below, nothing in these Terms transfers any ownership rights to you. All rights not expressly granted are reserved.
5. License to Use Marketing Asset Packs (Press & Influencer Materials)
This section governs your use of logos, screenshots, key art, trailers, gameplay footage, and any other materials made available for download from our press/media kit area (the "Materials").
5.1 Grant of License
Subject to your compliance with these Terms, Spicy Koala grants you a limited, non-exclusive, non-transferable, revocable, royalty-free license to use the Materials solely for the purposes described in Section 5.2 below.
5.2 Permitted Uses
You may use the Materials to:
- Write reviews, previews, news articles, or editorial coverage of our games or company;
- Create videos, livestreams, or social media content that discusses, reviews, reacts to, or promotes our games (monetized streaming and video content is addressed specifically in Section 5.3);
- Illustrate articles, press releases, store listings, or social posts referencing our games, provided the context is accurate and not misleading;
- Reproduce screenshots and trailers in their original, unaltered form (cropping or resizing for layout purposes is permitted).
5.3 Streaming, Let's Plays, and Monetized Video Content
- You do not need to request our prior written permission to create free or monetized video, livestream, or social content — including Let's Plays, walkthroughs, speedruns, reviews, commentary, and reaction content — using gameplay footage, screenshots, or other Materials, provided your use otherwise complies with Sections 5.2 and 5.4.
- We do not authorize any third party to issue a copyright claim, takedown notice, or demonetization claim against content created in compliance with this Section. If a platform claim is made against your content and you believe it is improper, you may cite this Section 5.3 in your dispute with that platform.
- Some Materials — particularly trailers and gameplay footage — include licensed music or other audio that we do not control for every platform's content-identification system. If a claim is made specifically about music within footage you've used, please credit the relevant composer or performer, contact them directly, or mute/replace the audio, rather than relying on the assurance above (which covers our own and our games' content, not third-party music rights).
- We may update or withdraw this Section 5.3 at any time, including for a specific game, but will follow the takedown approach described in Section 5.8 for previously published content.
5.4 Prohibited Uses
You may **not**:
- Use the Materials in a way that suggests Spicy Koala or any of our developers endorses, sponsors, or is affiliated with you, your business, or any third-party product, unless we've separately agreed to such an arrangement in writing;
- Modify, distort, recolor, or alter our logos or key art beyond standard resizing/cropping for layout purposes;
- Use the Materials in connection with content that is unlawful, defamatory, pornographic, discriminatory, or otherwise damaging to our brand or reputation, as reasonably determined by us;
- Publish or promote content sourced from a leaked, pirated, or otherwise unauthorized build of a game prior to its official announcement or release date;
- Use the Materials to train machine learning or generative AI models, or to create derivative works (e.g., NFTs, merchandise, or modified game assets) without our prior written consent;
- Sell, sublicense, rent, or otherwise redistribute the Materials as a standalone product (e.g., reselling screenshot packs);
- Use the Materials after we have publicly delisted, discontinued, or rebranded the relevant game or asset, where we have given reasonable notice of such change;
- Use the Materials in a manner that violates these Terms, our Privacy Policy, or applicable law.
5.5 Trademark Use
Spicy Koala and our game titles and associated logos are trademarks of Spicy Koala or our licensors. Any use of our trademarks must accurately reference our games or company and must not imply false sponsorship or endorsement. We may provide separate brand guidelines from time to time, and you agree to follow any such guidelines made available to you.
5.6 Third-Party Content Within Materials
Some Materials (e.g., trailers) may include licensed third-party elements such as music, voice acting, or stock assets. We do not guarantee that all rights necessary for every conceivable use have been cleared beyond the permitted uses described in Sections 5.2 and 5.3. If you intend to use Materials in a manner beyond ordinary editorial, streaming, or promotional use (e.g., re-scoring, remixing, or commercial redistribution of trailer footage), you should contact us first.
5.7 No Warranty on Materials
Materials are provided "as is" for your convenience. We do not guarantee that Materials are free of errors, complete, or suitable for every use case. See Section 10 (Disclaimer of Warranties).
5.8 Termination of License
We may revoke or restrict the license granted in this Section 5, in whole or in part, at any time, including if you violate these Terms or if we receive a legitimate legal or business reason to do so. Upon revocation, you must stop further distribution of the Materials going forward, though we will not generally require takedown of previously published editorial content created in good-faith compliance with these Terms (e.g., past published reviews or videos), unless required by law or for serious violations.
5.9 Press/Influencer Outreach
Nothing in this Section obligates us to provide review copies, embargo information, or direct communication — those are handled separately, at our discretion, through our press contact channels.
6. Acceptable Use of the Site
You agree not to:
- Use any automated means (bots, scrapers) to access the Site except as permitted by our `robots.txt` or with our prior written consent;
- Attempt to gain unauthorized access to any part of the Site, our systems, or related networks;
- Introduce viruses, malware, or other harmful code;
- Interfere with or disrupt the Site's functionality or security;
- Use the Site for any unlawful purpose or in violation of these Terms.
We may suspend or restrict your access to the Site if we reasonably believe you have violated this Section. We also maintain a zero-tolerance policy for abusive or harassing communication directed at our staff, including press and support contacts, which may independently result in suspension of your access to the Site or to future Asset Packs.
7. User Submissions
If you submit feedback, suggestions, or other content to us (e.g., via our contact form), you grant us a non-exclusive, royalty-free, worldwide license to use that feedback to operate and improve our Site and games, without obligation to compensate or credit you. Do not submit confidential or proprietary information you do not wish us to use.
8. Third-Party Links and Embedded Content
The Site may link to or embed content from third-party platforms (e.g., YouTube, Discord, Steam, social media). We do not control and are not responsible for the content, policies, or practices of these third parties. Your use of such third-party services is governed by their own terms and privacy policies.
9. Privacy
Our collection and use of personal information in connection with the Site, including through cookies and similar technologies, is described in our Privacy Policy, which is incorporated into these Terms by reference.
10. Disclaimer of Warranties
THE SITE AND ALL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, Spicy Koala SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SITE OR MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED [INSERT AMOUNT, E.G., USD $100] OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS (IF ANY), WHICHEVER IS GREATER.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless Spicy Koala, our affiliates, and our officers, directors, employees, contractors, agents, and licensors from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the Materials, or your violation of any law or third-party rights.
13. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of Victoria, Australia, without regard to its conflict-of-laws principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
14. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
15. Entire Agreement
These Terms, together with our Privacy and Cookie Policy and any brand guidelines we publish, constitute the entire agreement between you and Spicy Koala regarding your use of the Site, superseding any prior agreements on this subject.
16. Copyright Infringement Notices
If you believe that material on the Site, or material made available within an Asset Pack, infringes a copyright you own or control, you may submit a notice to us at the contact details in Section
17. To be effective, your notice should include: (a) a description of the copyrighted work you claim has been infringed; (b) a description of the allegedly infringing material and its location on the Site; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information in your notice is accurate. We may remove or disable access to material in response to a valid notice and may take action against repeat infringers, consistent with applicable law (including, where applicable, the U.S. Digital Millennium Copyright Act).
17. Contact Us
Questions about these Terms or requests regarding use of our Materials can be sent to:
Spicy Koala
Email: **[press@yourwebsite.com]**
Address:
LDB Accountants & Advisors Level 1
1-3 Albert Street Blackburn, VIC 3130
Australia