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TERMS OF SERVICE

1. Terms

Welcome to Syndicate of Vigilantes, a Milvus Volante Corp. Product. Milvus Volante Corp. publishes real-world augmented reality mobile experiences, including mobile game applications (“Apps“). Please read these Milvus Volante Corp Terms of Service and any applicable App guidelines (the “Guidelines” and, collectively, “the Terms”), because the Terms govern your use of such Apps. The Terms also govern your interaction with any websites we own or operate (“Sites”), purchase of any Milvus Volante Corp merchandise, participation in Milvus Volante Corp live events or promotions (“Events”), and more generally your use of any Milvus Volante Corp products or services (together with Apps, the “Services”).

Some exceptions to the Terms may apply based on your country of residence – please see the country-specific sections below. Milvus Volante Corp. may also provide products and services which are governed by separate terms.

These Terms are entered into between you and MILVUS VOLANTE CORP., 2nd Floor, Ellen L. Skelton Building, Fishers Lane, Road Town, Tortola, British Virgin Islands, VG 1110, a company limited by shares, registered to do business under the laws of the British Virgin Islands. Milvus Volante Corp is referred to as “Milvus Volante” or “we” in these Terms.

By using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services. Milvus Volante may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the Site or in the App. It’s important that you review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services.

If you breach these Terms we may take action against you, including but not limited to terminating your account. You acknowledge that Milvus Volante has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.

2. Privacy

Our Services are designed to enable you to interact in shared game worlds blended with information from the real world. To provide the Services, we need information about you, and we only use your information where we have a legal basis to do so.

3. Use of the Services

3.1 Safe and Appropriate Use
While you are using our Services, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, Event policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.

Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content (defined below). You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.

Milvus Volante does not intend Apps to be medical or health devices, or provide medical or health advice.

3.2 Your Interactions with Other People
You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other players and other people both on our Services and in the real world. You will not harass, threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release Milvus Volante (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

3.3 Who May Use Our Services
Children are not allowed to use the Services. A “Child” is defined as follows:

  1. residents of the EEA: anyone under 16 years old, or the age needed to consent to the processing of personal data in your country of residence,
  2. residents of the Republic of Korea, anyone under 14 years old,
  3. residents of other regions: anyone under 13 years old or the age needed to consent to the processing of personal data in that region Milvus Volante Game and App Resources contains information on the age requirement for each of our Apps.

3.4 Third-party Products and Services
The Service may contain links to third party websites, services and platforms that are not owned or controlled by us. We are not responsible for content on a site operated by a third party, including content on a site operated by a distributor who links to the Service with our consent. Furthermore, we are not responsible for maintaining any materials referenced from another site, and makes no warranties for that site or this Service in such context. Additionally, certain features in the Service may require you to register certain information, including game ID number, 3rd party account information (like iTunes or Google Play account information), to participate in certain features of the Service. We are not responsible for any failure of such hardware, software, or services, including any damage to game data or game points, etc.

If you use external services or third party links through our services you may be subject to third parties’ own terms.

3.4.1 Immutable
The Immutable services are provided on an “as-is” and “as available” basis.  We make no promises about the quality of the services, their fitness for a particular purpose or that they will be uninterrupted or error free.  The services and any information they provide is not advice (whether financial, legal or otherwise).

You need to understand that using cryptographic systems is risky and that advances in technology could result in the theft or loss of your cryptographic tokens or property (among other potential consequences).

While all care is taken in the development of their Platform, you also need to understand that we cannot guarantee the security of their Platform or services.  Their Platform and services can have flaws. You need to review any Smart Contract code provided by the services, and the trustworthiness of third party websites and products.

We’re not responsible or liable for: (a) anything done or not done by third parties; (b) anything done at your direction; (c) anything changed by anyone other than us or someone we are responsible for; (d) decentralised networks (or anything done or not done through them); (e) open source software; and/or (f) any trading or transacting.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, MILVUS VOLANTE DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD

4. Content and Content Rights

4.1 Rights Granted by You
By making any User Content available through the Services you grant to Milvus Volante a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others. By accepting these terms, you allow Milvus Volante to benefit freely from the above rights, including but not limited to:

  1. The right to reproduce User Content by any means and in any form.
  2. The right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), in return for payment or free of charge in all places by any means or process known or unknown at the present time, and in particular via Internet, pay per view, pay per play, theatrical or television broadcasting, DVD, and print.
  3. The right to use the User Content for demonstration, promotion and advertising for all Milvus Volante Services.
  4. The right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by Milvus Volante or by any outside party of its choice.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Milvus Volante on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against Milvus Volante or any third party designated by Milvus Volante.

4.2 Feedback
You can submit feedback, comments, and suggestions for improvements to the Services (“Feedback“) by reaching out to us on social media, support channels or applicable forms. Feedback is a form of User Content.

4.3 Intellectual Property Policy
Milvus Volante respects intellectual property rights and expects its users to do the same. It is Milvus Volante’s policy to remove content that infringes on a third party’s intellectual property rights, and Milvus Volante reserves the right to terminate Accounts that engage in repeat infringement.

5. Beta Program

Milvus Volante hereby offers you early access to a pre-release mobile application software (“Beta Software“) in order to allow you to test and provide feedback on Beta Software as part of Milvus Volante’s beta testing program (“Beta Program”). These Terms of Service only apply to closed Beta Programs, where Milvus Volante offers private access to selected testers. This Section does not apply to open betas that Milvus Volante makes publicly available on an app store.

You acknowledge that any product features or content, game documentation, promotional materials and/or any other information that Milvus Volante may provide to you in connection with the Beta Program (“Test Materials“), the Beta Software, as well as everything related to the Beta Program is the exclusive property of Milvus Volante, is confidential, and should be treated as confidential until such time as Milvus Volante releases it.

If Milvus Volante offers you access to the Beta Software, then, subject to your compliance with these Terms, Milvus Volante grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Beta Software solely for the purposes of testing and providing feedback on the Beta Software as part of the Beta Program.

Without limiting the foregoing and except as prohibited under applicable law, the following are prohibited and you may not:

  • copy, modify, or create derivative works based on the Beta Software;
  • give or sell the Beta Software to anyone;
  • reverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code of the Beta Software;
  • install the Beta Software on systems you don’t directly control or that you share with others;
  • discuss the Beta Software with or demonstrate it to anyone outside of Milvus Volante;
  • blog, tweet, or otherwise publicly post information about the Beta Software;
  • take screenshots, photos, videos, or audio recordings of the Beta Software unless Milvus Volante has allowed you to do so in writing; or
  • make Feedback (as defined in chapter 4.2) available to any third party, unless approved by Milvus Volante in writing and in advance.

Be careful when using the Beta Software in public. Do not allow anyone to see, hear, film, or photograph the Beta Software. Please notify Milvus Volante promptly of any unauthorized access or of any suspected breach of your account’s security.

Milvus Volante may collect your comments, suggestions, and feedback on the Software, and may also track your use of the Software through analytic tools. All such comments, suggestions, feedback, and analytic data (collectively, the “Feedback“) is the exclusive property of Milvus Volante.

You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Milvus Volante, and you will not be compensated for your participation or any Beta Feedback.

Unless prohibited by applicable law, all Test Materials are provided to you “as is” without any explicit or implicit warranty of any kind. You understand that the Beta Software is in development and may contain errors, bugs, and other problems that could cause loss of data and/or system failure. You should install the Beta Software on non-production devices that are not business critical and have been backed up. To the extent permitted under applicable law, Milvus Volante is not liable in any way for any damages you might incur as a result of your participation in the Beta Program.

You agree that any breach of your confidentiality obligation will result in irreparable harm to Milvus Volante, the extent of which would be difficult to ascertain, and that monetary damages will not be an adequate remedy. Accordingly, you agree that in the event you breach your confidentiality obligation, Milvus Volante will be entitled to injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies which it may have available.

6. Disclaimer of Warranties Limitation of Liability

6.1 Disclaimer of Warranties
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT MILVUS VOLANTE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. MILVUS VOLANTE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

6.2 Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER MILVUS VOLANTE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MILVUS VOLANTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MILVUS VOLANTE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN EVENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1000), OR, IF CONTRACTING WITH MILVUS VOLANTE CORP., ONE THOUSAND POUNDS (£1000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MILVUS VOLANTE AND YOU.

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR APP, IS A BREACH OF MILVUS VOLANTE’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS

6.2.1 Outdoor game
By accessing or participating in our beta testing of Syndicate of Vigilantes (the “Game”), you agree to the following terms regarding our liability:

1. Nature of the Game / beta testing
Syndicate of Vigilantes is an outdoor recreational activity that may involve physical exertion, interaction with natural environments, and inherent risks. The Game is provided “as is” by Milvus Volante Corp. (“We,” “Us,” or “Our”), and participation is voluntary.

2. Map and its Locations
The map you use in the game is not a perfect representations of the world map and can’t be used as such. Locations on that map are randomly generated. This means that (AR) elements in the game can appear in illogical, dangerous or inaccessible locations.Remain aware of your environment and avoid going into any inappropriate or dangerous areas, or any area where you are not permitted to be. By playing the Game you agree to never enter area’s, including but not limited to:

  • Government complexes
  • Law enforcement area’s
  • Religious locations such as churches, mosques, synagogues, cemeteries or any other houses of worship or commemoration of the dead
  • Private property (trespassing)

Our game is designed to be played outdoors. As with any outdoor activity like hiking, biking, or playing sports in a park, we encourage everyone to exercise caution and play safely.

Here are some additional considerations as you traverse the real world:

  • When on the go, players should remain aware of hazards, including other pedestrians, traffic, and obstacles.
  • As with any mobile app, our games should not be used while driving a vehicle.
  • During live events, ensure that you’re mindful of other players around you and abide by the rules of gameplay as defined by Milvus Volante.

3. Assumption of Risk
You acknowledge that your participation in the Game is at your own risk. We are not responsible for any physical, emotional, financial, or other harm that may occur as a result of your use of the Game, including but not limited to hardware malfunctions, software errors, interactions with other players, or reliance on the Game’s content or functionality.

You acknowledge and agree that participating in the Game involves inherent risks, including but not limited to:

  • Physical injury (e.g., cuts, bruises, sprains, fractures, or more severe injuries);
  • Exposure to weather conditions (e.g., heat, cold, rain, or wind);
  • Encounters with natural hazards (e.g., uneven terrain, rocks, plants, or wildlife);
  • Property damage or loss;
  • Emotional distress or other unforeseen incidents.

You voluntarily assume all such risks, whether known or unknown, associated with participation in the Game.

4. Physical Condition and Safety
You represent that you are in good physical health and capable of participating in the Game. You are solely responsible for assessing your own fitness and ensuring your safety during participation. We are not responsible for providing medical care or supervision.

5. Indemnification
You agree to indemnify and hold us harmless from any claims, losses, or damages, including reasonable legal fees, arising from your use of the Game or violation of these Terms of Service.

6. Release of Liability
To the fullest extent permitted by applicable law, Milvus Volante Corp., its affiliates, developers, officers, employees, and agents (collectively, “we” or “us”) shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Game. This includes, but is not limited to, damages for loss of profits, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, you hereby release, waive, discharge, and agree not to sue Milvus Volante Corp., its affiliates, officers, directors, employees, agents, or volunteers (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death that may occur as a result of your participation in the Game, whether caused by negligence of the Released Parties or otherwise.

7. Acknowledgement
By continuing to use the Game, you acknowledge that you have read, understood, and agreed to this Limitation of Liability. If you do not agree, you must discontinue use of the Game immediately.

7. General

7.1 Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Milvus Volante’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Milvus Volante may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

7.2 Force Majeure
Neither Milvus Volante, any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute,or any other cause beyond its respective control.

7.3 Notice
Any notices or other communications provided by Milvus Volante under these Terms, including those regarding modifications to these Terms, will be given: via email; the date of receipt will be deemed the date on which such notice is transmitted to any email address You provided.

7.4 Waiver
Milvus Volante’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Milvus Volante. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

7.5 Contact Information
If you have any questions about these Terms or the Services, please contact Milvus Volante at operations@so-vigilantes.com or 2nd Floor, Ellen L. Skelton Building, Fishers Lane, Road Town, Tortola, British Virgin Islands, VG 1110.

8. Terms Specific to Residents of Germany

8.1 Limitation of Liability
In the event of intentional or gross negligence, including by its representatives and vicarious agents (Erfüllungsgehilfen), either Party shall be liable according to statutory provisions. The same shall apply in the event of culpably caused damages resulting from an injury to life, body or health, in the event of damages resulting from a violation of a guarantee as to quality (Beschaffenheitsgarantie), as well as in the event of defaults concealed fraudulently (arglistig verschwiegene Mängel).

In the event of damages to property and financial damages (Sach- und Vermögensschäden) caused by slight negligence of either Party, its representatives or vicarious agents, such Party shall be liable only in the event of a violation of a contractual core duty (wesentliche Vertragspflicht), however limited to the amount of the damage which was foreseeable at the time of conclusion of the contract and typical taking into account the nature of the contract (vorhersehbarer und vertragstypischer Schaden). Contractual core duties are such duties whose accomplishment enables proper fulfillment of an agreement and whose observance the contracting parties may and do regularly rely on.

Insofar as statutory limitations of liability acc. to Sec. 521, 599 German Civil Code apply to the provision of services free of charge, they remain unaffected by the aforementioned provisions.

Liability based on the German Product Liability Act shall remain unaffected.
Any further liability of either Party other than set out above shall be excluded.

9. Terms Specific to Residents of Republic of Indonesia

9.1 Account Suspension or Termination
You agree to waive and set aside your respective rights and obligations under any applicable law in the event of any termination of this Milvus Volante Terms of Service (e.g., suspension or termination of access) to the extent that such law requires any judicial pronouncement for the termination of this Milvus Volante Terms of Service.