TERMS OF USE

1. Terms

Welcome to Milvus Volante Corp. We publish 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”, “Syndicate”, “us”, “our” or “we” in these Terms.

These terms of use (“Terms”) cover the following products and services (“Service”) however accessed and/or used, which are operated by or otherwise made available by Milvus Volante Corp. or its affiliates (“Syndicate” or “we”, “us”, or “our”):

1. https://syndicateofvigilante.com;
2. All apps published by Milvus Volante Corp, whether for tablets, smart TVs, video game consoles, social media platforms, mobile devices or other platforms (“Apps”), unless otherwise indicated in the app;
3. All email newsletters published or distributed by us; and
4. All other interactive features, services, and communications provided by us.

THIS IS AN AGREEMENT BETWEEN YOU AND THE MILVUS VOLANTE CORP..
By accessing, downloading, or using the Service, you acknowledge that you have read, understood and agreed to these Terms. and any code of conduct that we may put forth from time to time.

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.

4. INTELLECTUAL PROPERTY, SERVICE CONTENT, AND USER SUBMISSIONS.

Unless otherwise noted, all content on the Service, including articles, artwork, screen shots, graphics, logos, downloads and other files, is the property of Milvus Volante and is protected by international copyrights, trademarks and other intellectual property laws. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products. Because we receive thousands of such requests, our policy is to decline use of our trademarks and copyrights. Subject to any limitations under applicable law, you acknowledge and accept that you have no property or other rights in any content on the Service, including but not limited to content that you may have created or developed including “Trainer Images”, screen names, game scores, the content of chats and other messages submitted to a Service or to us directly.

All communications, solicited feedback, and other materials submitted to the Service (by email or otherwise) are non-confidential and non-proprietary. By submitting material to the Service and subject to any limitations under applicable law, you give up any claims that the use of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used. Additionally, you grant us and any successors and assigns a perpetual, royalty-free, worldwide license to use, transmit, copy and display such submitted information and material in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. No further consideration or compensation will be given for any materials or information (including but not restricted to creative, financial, business, commercial, etc.); submitted in any manner. It’s also important to the success of a number of our Services that any errors or problems you discover are confidentially reported to Syndicate’s Customer Service directly so we can address them as quickly as possible. Visit Syndicate’s website (https://syndicateofvigilantes.com/) for information on how to contact us.

Opinions, advice and all other information expressed by any third-parties on the Service represent their own views and not those of Milvus Volante. You should not rely on such opinions, advice or other information. Neither Milvus Volante nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates shall be responsible or liable for any decisions made based on such information.

It is Milvus Volante’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe such rights are violated, then you can report this by following the guidelines of our Milvus Volante Intellectual Property Policy.

5. LIMITED LICENCE TO USE

Subject to your compliance with these Terms, Milvus Volante grants you a limited, nonexclusive, nontransferable, non-sublicenseable license to download and install a copy of the Apps on a mobile device and to run such copy of the Apps solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not:

• copy, modify, or create derivative works based on the Apps;
• distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party;
• reverse engineer, decompile, or disassemble the Apps; or
• make the functionality of the Apps available to multiple users through any means.

Milvus Volante reserves all rights in and to the Apps not expressly granted to you under these Terms.

7. CONDUCT, GENERAL PROHIBITIONS AND MILVUS VOLANTE’S ENFORCEMENT RIGHTS

You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:

• collect, store or share any personally identifiable information of other users from the Services without their express permission;
• extract, scrape, or index the Services or Content (including information about users or gameplay);
• use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to:
  • gathering in-App items or resources for sale outside the Apps,
  • performing services in the Apps in exchange for payment outside the Apps, or
  • selling, reselling, or renting the Apps or your Account;
• attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by Milvus Volante or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
• bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Milvus Volante or any of Milvus Volante’s providers or any other third party (including another user) to protect the Services or Content;
• use, display, mirror, or frame the Services or any individual element within the Services, Milvus Volante’s name, any Milvus Volante’s trademarks, logo’s, or other proprietary information, or the layout and design of any page or App without Milvus Volante’s express written consent;
• post, publish, submit, store, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
• access, tamper with, or use nonpublic areas of the Services, Milvus Volante’s computer systems, or the technical delivery systems of Milvus Volante’s providers;
• attempt to probe, scan, or test the vulnerability of any Milvus Volante system or network or Service, or breach any security or authentication measures;
• use any meta tags or other hidden text or metadata utilizing a Milvus Volante trademark, logo, URL, or product name without Milvus Volante’s express written consent;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source identifying information;
• interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
• delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
• violate any applicable law or regulation; or
• encourage or enable any other individual to do any of the foregoing.

Although Milvus Volante is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. Milvus Volante may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.

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.

8. COMMUNITY STANDARDS

You are prohibited from posting or transmitting any material to the Service that could:

• interfere with anyone else’s use of the Service;
• be considered abusive, illegal, indecent, obscene, offensive, or threatening in any way;
• encourage anyone to break the law;
• violate anyone’s copyright or other property right;
• interfere with the privacy of any other user;
• contain a virus or any other harmful component; or
• contain false or misleading statements of fact or descriptions of the origin of the material or the communication.

Although we may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Service, we are under no obligation to do so, and assume no liability or responsibility arising from the contents of any such communications. We may change, edit, or remove any user material or conversations that we deem illegal, indecent, obscene, offensive, or otherwise violating our policies in any way. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.

9. PARTICIPATION IN EVENTS

9.1 Event Registration and Tickets
The term “Event(s)“ means any in-person event, gathering, activity or the like which is directly organized, hosted, or managed by Milvus Volante, and any Promotion (as defined below). By registering or, where required, purchasing tickets (including any optional add-on purchases of additional gameplay experiences and/or physical merchandise) for an Event, you represent and warrant that the information you provide is true and accurate. If you are registering or purchasing tickets on behalf of others, you represent and warrant you have all necessary rights and consents to register and provide this information for others.

Subject to applicable law and the exceptions set forth in these Terms, no refunds or exchanges of Event tickets (including any add-on purchases) are permitted and tickets are non-transferable. Reasonably acceptable proof of identity, for example a driver’s license or passport, showing the same first and last name as those provided at time of prior registration, may be required to access an Event. Actual or attempted resale of tickets subjects them to revocation without refund. Tickets obtained from unauthorized sources may be invalid, lost, stolen, or counterfeit and may not be honored. Tickets cannot be replaced if lost, stolen or destroyed. Commercial use of tickets is prohibited without written approval from Milvus Volante. Tickets are not redeemable for cash or credit. You agree to abide by any published ticket limits or restrictions, and orders exceeding or violating these restrictions are subject to cancellation without notice or refund. Events may have limited space and/or availability and Milvus Volante does not guarantee your ability to purchase a ticket or attend an Event.

Unless otherwise prohibited under applicable law, by attending an Event you acknowledge that Milvus Volante will use your data collected pursuant to the Privacy Policy for providing Event features (both in person and online), including contacting you and giving you updates about the Event, mailing you required materials (e.g., a QR wristband), providing emergency or severe weather notifications, or public Event leaderboards and gameplay competitions.

9.2 Event Conduct and Policies
You shall at all times comply with all applicable laws and any rules and policies provided by Milvus Volante or any other authorized party involved in creating or delivering the Event, including all health and safety policies and procedures and all reasonable instructions of the venue staff and Milvus Volante representatives at the Event. As a condition of participation, you agree to comply with all policies on the Sites.

Illicit drugs, controlled substances, contraband, weapons and illegal items are prohibited at Events. You agree and consent to reasonable security precautions and search on entry. To the fullest extent permitted by applicable law, you waive and release Milvus Volante and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such security precautions and/or searches. If you elect not to consent to such security precautions and searches, you may be denied entry, or removed from, an Event without refund or other compensation.

Milvus Volante and its authorized third parties reserve the right to refuse admission to, or to remove from an Event without refund or compensation of any kind, any person that

• does not comply with these Terms,
• engages in disorderly conduct or willful misconduct,
• engages in harassing, threatening, abusive or otherwise inappropriate behavior towards Milvus Volante employees, event staff or other event attendees, or
• Milvus Volante or its authorized third parties believe will cause a negative effect on the Event, participants, spectators, and/or personnel.

Any minor attending an Event must be accompanied by a Parent or Legal Guardian.

9.3 Assumption of Risks
Unless prohibited by applicable law, you agree that by purchasing tickets to, participating in or attending an Event, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the Event, including injury by any cause and damage, loss, or theft of property. You acknowledge that Events, and certain activities at Events, have inherent and unforeseen risks, including but not limited to

• contact or collision with persons or objects,
• obstacles (e.g., natural and man-made water, road and surface hazards),
• equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure),
• weather related hazards,
• inadequate first aid and/or emergency measures,
• judgment and/or behavior related problems (e.g., erratic or inappropriate participant, co-participant, or spectator behavior or errors in judgment by personnel at the Event), and
• natural hazards (e.g., uneven or difficult terrain, wildlife and insects, contact with plants).

You agree to take reasonable precautions before attending or participating in an Event and its activities, for example consulting with a personal physician and ensuring you are in good physical health, wearing appropriate attire, and bringing necessary or recommended supplies. You further understand and acknowledge it is your responsibility to inspect the Event grounds, facilities, equipment and areas to be used, and that by participating in the Event, you acknowledge the Event grounds, facilities, equipment, and areas to be used are safe, adequate, and acceptable for participation. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to immediately notify appropriate personnel and cease participation in the Event.

To the extent permitted under applicable law, you hereby waive and release Milvus Volante and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to your attendance or participation in an Event, including for negligence, inherent and unforeseen risks, injury or damage to persons or property and the actions of third parties or Event participants and spectators.

9.4 Event Features and Cancellation
Subject to applicable law, all schedules and any live or in-game experiences, activities, goods, services, perks, items, rewards and/or Content (collectively “Event Features“) advertised in connection with an Event are not guaranteed and are subject to change and/or cancellation at any time prior to or during an Event without notice or compensation of any kind. Admittance to an Event does not guarantee any specific Event Features while at the Event.

Event date, time and/or location are subject to change at any time, and Milvus Volante will make a commercially reasonable effort to notify you in advance of any material changes. If an Event is canceled, suspended, or rescheduled and you are not able to attend, you will not be entitled to any compensation other than a refund of the ticket price at its face value with no further liability or compensation from Milvus Volante or any other party. Any travel or accommodation costs incurred are entirely your responsibility.

9.5 Recordings and Use of Likeness
You consent to and approve of Milvus Volante’s recording of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice at Events and the royalty free use of this information subject to the same “Rights Granted by You” above. Milvus Volante may publish the results of any competitions (including rankings and any winners), gameplay statistics, and pictures of participants in promotional and marketing materials and on social media in accordance with these Terms.

10. SWEEPSTAKES, CONTESTS, RAFFLES, SURVEYS AND SIMILAR PROMOTIONS

Periodically, Milvus Volante and/or its partners may organize sweepstakes, contests, raffles, surveys, games, and similar promotions on the Services (each a “Promotion“). In addition to these Terms, Promotions will be subject to particular terms which we shall communicate to you at the time of these Promotions (“Promotional Terms”). By participating in any Promotion, you will become subject to those Promotional Terms. All Promotional Terms are incorporated into, may vary from, and shall supercede these Terms. Milvus Volante urges you to read the Promotional Terms. Our Privacy Policy, in addition to these Terms and any Promotional Terms, governs any information you submit in connection with such Promotions.

11. BETA PROGRAMS

Milvus Volante may offer you early access to certain 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”). This Section only applies 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 unless Milvus Volante has allowed you to do so in writing;
• take screenshots, photos, videos, or audio recordings of the Beta Software unless Milvus Volante has allowed you to do so in writing; or
• make Beta Feedback (as defined below) 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, in accordance with Milvus Volante’s Privacy Policy. All such comments, suggestions, feedback, and analytic data (collectively, the “Beta 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.

12. THIRD-PARTY WEBSITES AND RESOURCES

Services may contain links to third party websites or resources. Milvus Volante provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.

Milvus Volante is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilize the Services or participate in an Event and you hereby waive and release Milvus Volante and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.

13. UPDATES AND CHANGES TO THE SERVICE

We may, from time to time, issue patches or updates for portions of the Service which must be installed to continue using those portions of the Service. You consent to receive and install those patches and updates in order to continue using the Service. You also accept that all or portions of the Service may experience server issues that make it temporarily unavailable, and that we may in our sole discretion and without notice terminate all or any part of the Service. You accept that you will have no recourse of any kind against us even if this causes you to lose a match, to lose Virtual Content, or to have no further access to all or part of the Service

14. DISCLAIMER, WARRANTIES AND LIMITATION OF LIABILITY

14.1 Disclaimer
To the extent permitted under applicable law, the services and content are provided “as is,” without warranty of any kind, either express or implied, including without limitation warranties of title or implied warranties, 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.

By using the service, your acknowledge that your use of the service is at your sole risk, that you assume full responsibility for all costs associated with all servicing or repairs of any equipment you use in connection with your use of our service, and that neither milvus volante nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates will be liable for any damages of any kind related to your use of this service.

Under no circumstances, including but not limited to milvus volante’s negligence, will milvus volante or any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates be liable for any consequential, direct, incidental, indirect, punitive, or special damages related to

1. The use of,
2. The inability to use, or
3. Errors or omissions in the contents and functions of this service, even if milvus volante or an authorized representative thereof has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In no event will the total liability of milvus volante and its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates to you for all damages, losses, and causes of action (whether in contract or tort) exceed $100.00

You understand that the warranty disclaimers and liability and remedy limitations listed above are a condition of us making the service available to you. Without them, we would not and could not make the services available.

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.

14.2 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.

You accept that if we discover that you have violated any portion of these Terms, we may take any step we deem appropriate including but not limited to terminating your account and access to the Services. You acknowledge that if that happens, you will not receive any reimbursement or other compensation for any items that may be associated with your account at the time of termination.

14.3 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:

14.4 Liability for Physical Harm
To the fullest extent permitted by applicable law, Milvus Volante and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any physical harm, injury, or damages, whether direct, indirect, incidental, special, consequential, or punitive, arising out of or in connection with your use of the services. You acknowledge and agree that Syndicate of Vigilantes is designed to be played outdoors, and participation may involve physical activities, environmental hazards, or other risks inherent to outdoor settings, including but not limited to uneven terrain, weather conditions, obstacles, or interactions with objects, animals, or individuals in the environment. You assume all risks associated with playing Syndicate of Vigilantes outdoors, including but not limited to personal injury, property damage, or death. You are solely responsible for ensuring that your participation in the game is safe, appropriate for your physical condition, and conducted in a suitable outdoor environment. By using Syndicate of Vigilantes, you waive and release Milvus Volante from any and all claims, demands, or causes of action related to physical harm or injury sustained during outdoor gameplay.

14.5 Pre-Game Safety Warnings for Outdoor Play
Before using the Services, you are responsible for taking the following precautions to ensure your safety and the safety of others:

• Assess Your Physical Condition: Ensure you are physically capable of participating in outdoor activities associated with the Services. Consult a medical professional if you have any health concerns that may affect your ability to play safely.
• Check Weather Conditions: Verify that weather conditions are safe for outdoor play. Avoid playing during extreme weather, such as heavy rain, lightning, high winds, or excessive heat or cold, which may increase the risk of injury.
• Choose a Safe Environment: Select a play area free from hazards such as traffic, uneven or slippery surfaces, sharp objects, or other dangers. Avoid private property, restricted areas, or locations with heavy pedestrian or vehicle activity.
• Stay Aware of Surroundings: Remain vigilant of your surroundings while playing, including potential obstacles, other people, animals, or moving vehicles. Do not play in areas where your attention to the game may distract you from environmental hazards.
• Wear Appropriate Gear: Use suitable clothing, footwear, and protective equipment appropriate for outdoor activities and the terrain where you are playing.
• Stay Hydrated and Prepared: Bring water and other necessary supplies to maintain your health and comfort during gameplay, especially in hot or remote environments.

Failure to follow these safety precautions may increase the risk of injury or harm. Milvus Volante is not responsible for any consequences resulting from your failure to take appropriate precautions while using the Services.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold Milvus Volante and its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in the defense of any claim. Milvus Volante reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Milvus Volante Corp.

16. GENERAL

16.1 Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Milvus Volante and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Milvus Volante and you regarding the Services and Content.

16.2 Severability
If a court of competent jurisdiction finds 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.

16.3 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.

16.4 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; or
• by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address You provided.

16.5 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.

16.6 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.

16.7 Location of courts
Any cause of action you may have related to your use of this Service must be commenced within 1 year after the claim or cause of action arises. You irrevocably agree that the court located in the British Virgin Islands will have exclusive jurisdiction over any dispute which may arise out of or in connection with these Terms in respect of any claim brought against us by you and will have non-exclusive jurisdiction over any claim brought against you by us. You agree to accept service of process by mail in the state in which your domicile is located as specified by you to us. THE PARTIES HEREBY WAIVE TRIAL BY JURY. You agree that this provision will survive termination or expiration of this Agreement.

17. TERMS SPECIFIC TO RESIDENTS OF GERMANY

17.1 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.

18. TERMS SPECIFIC TO RESIDENTS OF REPUBLIC OF INDONESIA

18.1 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 use (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 use.