BY USING OR ACCESSING saar.network (AS DEFINED BELOW), BY CALLING AN ACTION ON A saar.network SMART CONTRACT AND/OR BY CLICKING ON THE SCREEN WHERE THIS AGREEMENT IS DISPLAYED, YOU ARE DEEMED TO AGREE TO BE BOUND BY AND ACCEPT THE TERMS OF THIS AGREEMENT, AS SET OUT BELOW (THE “ACCEPTANCE”).
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORISED TO USE, ACCESS, CONNECT TO OR REGISTER TO ACCESS saar.network AND YOU MUST IMMEDIATELY CEASE DOING SO.
IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT YOU HEREBY WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE COMPANY OR LEGAL ENTITY (AND ITS EMPLOYEES) TO THIS AGREEMENT.
THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN MILLIRUM LABS LTD LOCATED IN THE UNITED KINGDOM (“WE”) AND YOU AND ANY OTHER PERSON, COMPANY OR OTHER LEGAL ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS AGREEMENT (“END-USER” OR “YOU”). THESE TERMS OF USE ARE INCORPORATED BY THIS REFERENCE AND MUST BE READ IN CONJUNCTION WITH OUR PRIVACY NOTICE AND COOKIES NOTICE.
1. Definitions
Unless otherwise defined in these Terms of Use, capitalised terms shall have the meanings set out in this Section 1.
“Acceptance” shall have the meaning ascribed in the header of this Agreement.
“Agreement” or “Terms of Use” shall mean these terms of use for saar.network.
“Smart Contract” shall mean any and all of (i) any smart contract, meaning a smart contract installed on any accounts on the WAX blockchain, as well as (ii) the Website and (iii) any user interface, documents, materials and/or services made available through the Website (if any; collectively the “Services”), in each case as updated or amended from time to time.
“Member Client” shall mean the web front end which facilitates calling actions on and/or a SAAR smart contract.
“We” shall have the meaning ascribed in the header of this Agreement.
“End User” or “you” shall have the meaning ascribed in the header of this Agreement.
“Party” or “Parties” shall mean, as required by the relevant context, either you or us or – respectively – you and us collectively.
“Atomic Assets Smart Contract” means the smart contract installed in the Atomic Assets account on the WAX blockchain (viewable for example at https://wax.bloks.io/account/atomicassets) or any successor digital item standard in the database of which NFTs exist as a row.
“Reverse Engineering” shall mean the examination or analysis to determine its source code, sequence, structure, organisation, internal design, algorithms or encryption devices.
“Section” shall mean any section of this Agreement.
“The Website” is the Website at “saar.network” (or such other URL as the Website may subsequently be hosted at; the Website).
2. Form of Agreement and Interpretation
This Agreement shall apply and be binding on the End User following its Acceptance by the End User. It shall form an integral part of the Agreement between the parties, and govern their rights and obligations, with regard to its subject matter.
No specific conditions and no other terms and conditions of the End User or any of its affiliates or any third party shall prevail over this Agreement unless formally accepted in writing by Millirum Labs Ltd.
This Agreement shall not be construed against any party on the grounds that such party prepared or drafted this Agreement. In this Agreement, unless the context otherwise requires, (i) words in the singular include the plural and vice versa and words in one gender include any other gender, (ii) a reference to a statute or statutory provision includes any subordinate legislation made under it and any statute or statutory provision which modifies, consolidates, re-enacts or supersedes it whether such statute or statutory provision comes into force before or after the date of this Agreement.
3. License
3.1 Rights
Unless otherwise stated in this Agreement, Millirium Labs Ltd is the owner or licensee of all rights including all copyrights, trademarks and other intellectual property rights relating to or included within, the Website, Materials and Services (“Rights”). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all Rights in respect of all graphics, logos, text elements, images and all other elements included in and deriving from the gameplay and virtual world featured in, including without limitation in-game names, characters, locations and any virtual assets or items (“Virtual Items”) and their associated benefits or properties acquired or provided for use within.
The license is granted, not sold, to you is limited in scope as described in Section 3.2.
3.2 Scope
The license is worldwide, non-commercial, non-exclusive, non-transferable, non-sublicensable and subject to the boundaries of the Permitted Use (“Scope”). The terms of this Agreement, including, without limitation, the scope, will apply to and its use, including upgrades, unless an upgrade is accompanied by a new version of this Agreement or a separate Agreement.
3.3 Restrictions
You must not use, the Website, Materials and Services if you are under 18 years of age.
Commercial use, streaming, video sharing:
The license is for personal and non-commercial use, it does not comprise the right to commercialise. You may not perform in-game services during your use of the Website, Materials or Services for any form of compensation outside. Notwithstanding the above, you have the right to capture and stream or otherwise distribute on live streaming platforms and/or video sharing platforms, subject to your adherence, at all times, with the terms and conditions of – and the additional obligations imposed by – such platforms, video content of your personal gameplay, provided that such video content shall (a) be compliant with the Posting and Image Policies, (b) be accessible to the general public free of charge and (c) shall contain a disclaimer whereas any views and opinions expressed in such video content are exclusively your own and do not represent views or opinions of Millirium Labs Ltd or any other person or entity associated with. Millirium Labs Ltd reserves the right to revoke such right with regard to existing or potential future content, if it deems any such video content, within its sole discretion, to be, or to potentially be, inappropriate or otherwise detrimental to the operation or commercialisation. In such event, you hereby agree to immediately remove from public access or alter, as instructed by Millirium Labs Ltd upon first request of Millirium Labs Ltd any such content and that you will not pursue Millirium Labs Ltd for any actual or potential loss you may incur in connection with such removal or alteration.
Comments and other forms of communication:
You may use commenting functions or other forms of communication within only in accordance with and in observation of (a) the posting policy pursuant to section 8 hereof (the “Posting Policy”) and (b) the image policy pursuant to section 9 hereof (the “Image Policy”).
No modifications, tampering or circumvention:
You may neither modify, decompile, disassemble nor otherwise tamper with or circumvent all or any portion, in particular, but not limited to, the underlying rules and mechanics of the game and/or the code, user interface and/or its operating principles.
No reverse engineering:
You may not Reverse Engineer or otherwise attempt in any way to derive or otherwise determine the source code for the operation.
No copies, no derivative works:
You may not adapt, reproduce, store, distribute, print, display, publish or create copies or derivative works from any part of the Website, Materials or Services other than in accordance with the license.
No use of bots:
You may not utilise any automated software or “bots” in relation to your access or use of the Website, Materials or Services.
No server overload:
You may not knowingly perform any actions that may cause the computers used to support the Website, Materials and Services (the “Servers”) to become overloaded or crash.
No multi-accounting:
You may not utilise more than one account to access or use the Website, Materials or Services with the intention or aim to circumvent any part of the Terms of Service nor any part of the gameplay mechanics. You may not move your NFTs, tokens, game assets between accounts or other players with the intention or aim to circumvent any part of the Terms of Service nor any part of the gameplay mechanics.
Millirium Labs Ltd will review these instances on a case-by-case basis and, depending on the situation, allow specific accounts this ability in the interest of security such as those using a web wallet and local software wallet for the secure storage of their NFTs and not with the intention or aim to violate any part of the Terms of Service nor any part of the gameplay mechanics.
No unauthorised server access:
You may not connect to the Servers through any software other than the authorised game client software.
No data gathering and extraction:
You may not use any data gathering and extraction tools or software to extract information from the Website or utilise framing techniques to enclose any of the contents of the Website.
No unauthorised use of trademarks, logos, proprietary names, and graphics:
Without Millirium Labs Ltd written approval, you may not use any of logos, trademarks or other proprietary names or graphics for commercial or individual gain. For the avoidance of doubt, this restriction also applies if such uses are made in association with links to saar.network.
No unauthorised use of meta tags:
Without Millirium Labs Ltd written approval, you may not use any meta tags or other hidden text which incorporates Millirium Labs Ltd name or any of its intellectual property including trademarks.
The foregoing restrictions shall not apply if, and only to the extent that, any such restriction is prohibited by the applicable laws or license terms applicable to the use of open-source components. If you require certain interface information for compatibility, interoperability, maintenance or development purposes, you may request Millirium Labs Ltd to make such interface information available as required by applicable law.
Any use other than a Permitted Use is a material breach of this Agreement. We may, but have no obligation to, monitor your use of to ensure that you are adhering to the Permitted Use rules.
4. Account Registration, Username
To acquire or make full use of the Website, Materials and Services you will need to register for a user account (“User Account”). By registering for a User Account, you warrant that all information and personal details you provide to Millirium Labs Ltd are correct. In addition, you acknowledge that you are aware that the Game can have a 21 years+ classification in certain jurisdictions and warrant that you are over 21 years of age if required. You may not transfer your registration or any rights you may have in your User Account to any other person or entity. For the avoidance of doubt, you acknowledge that you will have no ownership rights in your User Account.
You will be required to set a username for your User Account and as the case may be, other identifiers in relation to your access or use the Website, Materials and Services (any such usernames or identifiers “Usernames”). Usernames may be viewable by other users of the Website, Materials and Services as applicable. You warrant that any Username you set or otherwise use shall comply with the Posting Policy.
Millirium Labs Ltd reserves the right without notice, explanation, or liability to:
– restrict or remove your ability to freely set a Username;
– disallow any specific Username;
– edit any specific Username; and/or
– fully remove any Usernames from the Website or anywhere else related to the Materials and Services (including as part of the gameplay) where they appear or are stored.
– cease any assets, virtual items or any other such property amassed during the use of the game.
Millirium Labs Ltd reserves the right, acting at its sole discretion, to refuse to accept your registration request for a User Account. To the greatest extent permitted by law, Millirium Labs Ltd also reserves the right, acting at its sole discretion, at any time to cancel your registration and access to your User Account or to restrict, limit or otherwise change your existing rights of access to your User Account, or any specific feature or benefit afforded to you in relation to your User Account, including without limitation in respect of any Virtual Items (any such action a “Ban”), if it believes, at its sole discretion, that you have breached these Terms of Use or any other agreements between the Parties or for any other reason whatsoever. In such event you agree that Millirium Labs Ltd will not be required to provide you with prior notice or explanation in respect of such action.
Unless notified otherwise by Millirium Labs Ltd within 10 calendar days of such Ban, any Ban by which your access to your User Account is fully cancelled shall be deemed as an immediate termination of this Agreement pursuant to Section 19. In the event of a Ban, you agree that you will remain fully bound under the terms of this Agreement until its termination or expiry.
Millirium Labs Ltd may also, where it believes such action is necessary, without notice, block IP addresses of any users who Millirium Labs Ltd believes, at its sole discretion, have breached these Terms of Use.
5. Passwords, Access
You must keep all password and login information associated with your User Account confidential and not disclose such information to any third-party or allow third-party access to your User Account without first obtaining Millirium Labs Ltd written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify Millirium Labs Ltd immediately if you know or suspect that your User Account has been accessed by a third party or your login or password details have been or may have been, obtained by a third party.
You are solely responsible for ensuring that any process, devices and/or services you employ to access or use Millirium Labs Ltd or any of the Website, Materials and Services (in particular, without limitation, to acquire, hold, manage and sell NFTs) do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system and/or any data contained therein. To the greatest extent permitted by law and without limiting the generality of Section 14, Millirium Labs Ltd excludes any liability for any interference or damage to your devices, computer system and/or any data contained therein in connection with your access or use the Website, Materials and Services.
6. Virtual items, game tokens, NFTs
6.1 General rule
Subject to the following specific rules for Virtual Items issued as NFTs, game tokens or other game objects, you will have no ownership rights in any Virtual Items. Such Virtual Items may be modified, replaced, altered or removed by Millirium Labs Ltd at any time under Section 10 of this Agreement, whether or not they were purchased for consideration or obtained as part of the gameplay.
6.2 Tokens
Millirium Labs Ltd may from time to time offer tokens for purchase or as an award for certain achievements within gameplay in accordance with the procedures and further terms specified within Millirium Labs Ltd sole discretion. Units of tokens may be issued as tokens issued on the WAX Blockchain or otherwise as Blockchain based tokens and may be used to pay for certain other Virtual Items, advantages and services within or in connection with , as may be offered from time to time. Tokens may be purchased within the Services using WAXP or a promotional code or gift card. All sales of tokens are final and non-refundable to the extent permissible under applicable laws. Token is not intended to constitute personal property, has no cash value, and has no value outside of the Services. Other than for the purpose of engaging in the gameplay. Token may not be transferred to any other person with the intention or aim to circumvent any part of the Terms of Service nor any part of the saar.network gameplay mechanics.
In the eventuality that your access to the saar.network is voided or blocked at our discretion we reserve the right to relinquish any tokens, NFTs, other assets amassed.
6.3 NFTs
Notwithstanding the above, gameplay allows its users to own certain specific virtual assets, as Millirium Labs Ltd may design and release, within its sole discretion, from time to time, in form of non-fungible tokens issued on the WAX Blockchain or otherwise as Blockchain-based tokens, as well as the underlying smart contracts (“NFTs”). NFTs may, but do not have to, be designed as digital collectables and/or items with a function within ‘ gameplay. Such NFTs are subject to the following policy:
Distribution of NFTs:
NFTs can be earned in accordance with the smart contracts’ functionality, as may be determined at the sole discretion of Millirium Labs Ltd from time to time. In addition, Millirium Labs Ltd may at any time, but has no obligation to, offer NFTs for sale or otherwise distribute NFTs in such process and pursuant to such terms as Millirium Labs Ltd may determine within its sole discretion. This includes, without limitation, the right to provide NFTs at no charge to any individual user or group of users of the Website, Materials and/or Services or to third parties. Unless otherwise agreed with Millirium Labs Ltd in writing, users, including the End User, have no preferential subscription rights or similar rights in connection with any issuance and/or distribution of NFTs by Millirium Labs Ltd.
Purchase of NFTs:
To purchase NFTs, you must have (i) an active User Account and (ii) an active WAX compatible digital wallet (a WAX-Account). saar.network reserves the right, at its sole discretion, not to offer or to cease to offer NFTs for your purchase or to restrict your NFT purchases. NFTs may only be purchased at such purchase price and any NFTs available for purchase may only be purchased by such means and in accordance with such further terms and conditions as Millirium Labs Ltd may specify at its sole discretion from time to time.
Transfer of NFTs:
NFTs are not designed to be transferred other than as required by the gameplay. Millirium Labs Ltd reserves the right to subject the transfer of NFTs to a dedicated transfer policy, as drafted up at Millirium Labs Ltd sole discretion (an “NFT Transfer Policy”). Any applicable NFT Transfer Policy, as in force from time to time, shall be made available on the Website.
You acknowledge and understand that your transactions on the WAX platform are public and that your WAX address will be associated with these transactions. You further acknowledge and accept that you will be solely liable for any fees, costs, deductions or expenses associated with your transactions on the WAX platform. After an NFT is initially sold or otherwise released or put into circulation by us, we have no control over subsequent transactions. Accordingly, we will have no liability to you (or anyone else) as a result of any transactions that you engage in with respect to NFTs. Millirium Labs Ltd shall also bare no liability in terms of losses or have any claim to any gains made by you for the purchase or sale of these NFTs following their release and subsequent purchase.
Risks related to the nature of the NFTs:
NFTs are subject to certain inherent risks because NFTs may be based or enabled by the Atomic Assets Smart Contract on the WAX Blockchain (or any successor digital item standard). These risks include, inter alia, the following, which you acknowledge and accept to solely bear when acquiring, holding, managing, using, selling and/or otherwise alienating NFTs:
1) There may not be a market with a sufficient number of potential buyers and sellers of NFTs. NFTs may therefore not be liquid and you may not be able to effectively resell NFTs you have acquired. We make no representations or warranties that NFTs can effectively be resold.
2) NFTs may not have a use.
3) The value of an NFT may be volatile. Virtual currencies and assets can be very volatile and impact the value of NFTs. We make no representations or warranties that any NFTs will retain increase their value. You might lose money.
4) The WAX platform may subject your ability to purchase, hold, manage, use sell, and/or otherwise alienate NFTs to costs, fees, deductions or expenses, which you hereby agree to fully and solely bear.
5) The WAX platform may not function properly and may be subject to hacking, malicious software, interruptions and failures. These events may cause delays or failures in your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.
6) Atomic Assets accounts may not function properly and may be subject to hacking, malicious software, interruptions and failures. These events may cause delays or failures in your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.
7) Laws may apply in certain jurisdictions and new regulations could be enacted that might limit or require changes to the functionality enabled by the WAX platform, which could impact and/or impede on your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.
8) Other changes to the WAX platform could impact and/or impede on your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.
6.4 FTs
Millirium Labs Ltd may from time to time offer Fungible Tokens (“FTs”) for purchase or as an award for certain achievements within gameplay in accordance with the procedures and further terms specified within Millirium Labs Ltd sole discretion. FTs may be issued as tokens issued on the WAX Blockchain or otherwise as Blockchain-based tokens and may be used to pay for certain other Virtual Items, advantages, and services within or in connection with the Services, as may be offered from time to time. FTs may be purchased within the Services using WAXP or a promotional code or gift card. All sales of FTs are final and non-refundable to the extent permissible under applicable laws. FTs are not intended to constitute the personal property, have no cash value, and have no value outside of and/or the Services. Other than for the purposes of engaging in the gameplay, FTs may not be transferred or sold to any other person.
6.5 Withdrawal right
In the event of a Ban resulting in the termination of this Agreement or if this Agreement is otherwise terminated following a breach by the End User, Millirium Labs Ltd shall have the right, without notice, explanation or liability, to withdraw or otherwise request the transfer to Millirium Labs Ltd or such third party as Millirium Labs Ltd may determine within its sole discretion (call option), of (i) all or individual NFTs and/or (ii) all or individual FTs and/or (iii) all or individual units of tokens from the End User and to retransfer such NFTs, FTs and/or tokens, against such consideration (if any) as Millirium Labs Ltd may deem appropriate within its sole discretion, to itself or third parties.
6.6 Loss of access
If Millirium Labs Ltd withdrawal right is not exercised in connection with a Termination of this Agreement, the End User shall retain ownership of their NFT, FTs and their units of tokens. The End User acknowledges and accepts that they may not be able to access, use, benefit from, transfer and/or otherwise dispose of such NFTs, FTs and/or units of tokens following termination of this Agreement. To the greatest extent permitted by law and without limiting the generality of Section 14, Millirium Labs Ltd shall neither have any liability for any damage resulting from such loss of access nor any obligation to refund the purchase price paid for the relevant NFTs, FTs and/or units of tokens to the End User. This does not include any individual NFTs, FTs and/or tokens that sits outside of the End User.
7. Compliance
You acknowledge that certain operations in respect of the NFTs, in particular, without limitation, the transfer of NFTs to third parties, may constitute and/or otherwise fall within the scope of regulated activities under applicable laws in certain jurisdictions. You acknowledge that you may not use to engage in any such activities and that Millirium Labs Ltd makes no representation in respect of, or otherwise in connection with, the suitability of and/or any output generated by using the services, to engage into any regulated activity or ‘ or such output’s compliance with laws and regulations applicable to such activities. Millirium Labs Ltd neither recommends nor otherwise advises that you engage in such activities. If you choose to engage in regulated activities, you do so at your own risk and sole responsibility.
In particular, you are solely responsible for your compliance with any applicable laws and regulatory requirements, including any applicable provisions of financial markets laws. You herewith expressly agree to ensure compliance with any applicable legal requirements at your own cost and responsibility in using and/or any output generated by using the services.
8. Posting Policy
This Posting Policy applies to any comments you post or any statements you make in any manner in connection with saar.network, in particular on the Website (which includes for the avoidance of doubt any associated forums, chat rooms and/or other messaging services) or any messages you send to other users of the Materials and Services (including as part of the gameplay) in any way, whether facilitated or otherwise allowable by the Materials and Services (“Posts”).
Posts may neither, without the prior written approval of Millirium Labs Ltd:
– represent any views or opinions other than your genuine opinion of the matter in question nor
– contain any personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Millirium Labs Ltd at its sole discretion, or otherwise breach or infringe on any third-party rights (in particular, without limitation, third party intellectual property rights) and/or applicable laws or court orders.
– advertise or promote any person or entity or their goods or services.
– breach any of the representations below.
You herewith grant Millirium Labs Ltd a perpetual, non-revocable, worldwide and royalty-free license to:
– make use of any Posts as Millirium Labs Ltd deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same.
– sub-license third parties, on such terms as Millirium Labs Ltd deems appropriate, to make use of any Posts as Millirium Labs Ltd deems appropriate in relation to any of the Website, Materials and Services or the promotion thereof.
You here with unconditionally represent that, as of the date of any Post:
– you own all rights to your Posts or, alternatively, that you have all necessary rights to grant Millirium Labs Ltd the rights described above;
– you have paid and will pay in full any fees or other payments that may be related to the publication or other use of your Posts.
– your Posts do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Millirium Labs Ltd reserves the right without notice, explanation or liability to:
– restrict or remove your ability to make Posts.
– disallow the posting of any specific Posts.
– edit any specific Posts; and/or
– fully remove any Posts from the Website or anywhere else related to the Materials and Services (including as part of the gameplay) where they appear or are stored.
9. Image Policy
This Image Policy applies to any images you make available in any manner in relation to any of the Website, Materials and Services (including as part of the gameplay) (“Images”).
All rights of whatever nature (including without limitation copyright, registered and unregistered trademark rights, rights of personality, privacy, confidentiality, and any other intellectual property rights) in any Images must belong to you or you must have the right to make the images available in relation to the Website, Materials and Services in accordance with this Image Policy.
Pornographic, obscene, harassing, threatening, hateful, discriminatory or defamatory Images, as may be determined by Millirium Labs Ltd within its sole discretion, or Images otherwise in breach of or infringe on any third-party rights and/or any applicable law or court order, are not permitted.
You herewith grant Millirium Labs Ltd a perpetual, non-revocable, worldwide and royalty-free license to:
– make use of any Posts as Millirium Labs Ltd deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same; and
– sub-license third parties, on such terms as Millirium Labs Ltd deems appropriate, to make use of any Posts as Millirium Labs Ltd deems appropriate in relation to any of the Website, Materials and Services or the promotion thereof.
Millirium Labs Ltd reserves the right without notice, explanation, or liability to:
– restrict or remove your ability to share Images or otherwise make them available;
– disallow the use of any specific Images;
– edit any specific Images; and/or
– fully remove any Images from the Website or anywhere else related to the Materials and Services (including as part of the ‘ gameplay) where they appear or are stored.
10. Support, Updates, Alterations, Discontinuation
Millirium Labs Ltd may, but has no obligation to, offer and subsequently amend, alter suspend or discontinue support services, on such terms as Millirium Labs Ltd may determine within its sole discretion.
At all times, Millirium Labs Ltd retains the right to use and/or dispose of the Rights as Millirium Labs Ltd, at its sole discretion, deems appropriate, including without limitation the right, without notice, to alter, modify, redesign, suspend or discontinue, at any time, any aspect or feature of the Website, Materials (including without limitation the Virtual Items) and Services.
In particular, without limitation, Millirium Labs Ltd has the right, but no obligation, to maintain, modify and/or update within its sole discretion. Millirium Labs Ltd may, but has no obligation to, provide technical support.
You acknowledge and agree that such maintenance, updates, alterations, modifications, redesigns, suspensions or discontinuations may affect (also including by limiting or terminating) the functionality.
Millirium Labs Ltd does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law Millirium Labs Ltd does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of the information contained in any of the Website, Materials or Services or in relation to any Posts or Images, including without limitation where such loss or damage is a result of or contributed to by the negligence of Millirium Labs Ltd.
Millirium Labs Ltd reserves the right, but has no obligation, to license updated iterations separately and under different terms.
11. Use of Data
11.1 Use of Data by Millirium Labs Ltd
You agree that Millirium Labs Ltd may collect and use technical data and related information – including but not limited to technical information about your devices, systems and application software, and peripherals – that is gathered periodically to facilitate the provision of updates, support, and other services to you (if any) related to. Millirium Labs Ltd may use this information in a form that does not identify individuals.
Millirium Labs Ltd will use industry-standard administrative, physical and technical safeguards to protect any data collected in accordance with this provision and the Privacy Policy. If a court or government agency orders us to disclose any of your personal data, you will be promptly notified so that an appropriate protective order or another remedy can be obtained unless the court or government agency prohibits prior notification.
11.2 Publicity of Data
You acknowledge and agree that certain data pertaining to you, which you may view as sensitive, will be accessible to the public through the WAX Blockchain. Such data includes, but is not limited to, information identifying and/or otherwise pertaining to your User Account and your WAX account.
11.3 Privacy Policy
Unless specified otherwise herein, all use of data shall be subject to Millirium Labs Ltd privacy policy, as amended from time to time (the “Privacy Policy”). The Privacy Policy, as currently in force, is available on the Website.
12. Loss of Data
In the event that any information or data (including without limitation in respect of in-game characters, achievements, Virtual Items or general gameplay) relating to you or your use of any of the Website, Materials and Services held by Millirium Labs Ltd or any third-party on behalf of or in coordination with Millirium Labs Ltd is lost, corrupted or otherwise no longer reasonably available or accessible as determined by Millirium Labs Ltd in its sole discretion, you agree that to the greatest extent permissible at law Millirium Labs Ltd will have no liability to you of any nature relating to any such information or data.
13. No Representations and Warranties
Millirium Labs Ltd does not make any representation or give any warranty in respect to any characteristics. All warranties are expressly excluded to the maximal extent permitted under applicable laws. In particular, while Millirium Labs Ltd has endeavored to take all reasonable measures and apply appropriate care in the preparation of the content of the Website, Materials and Services, we do neither represent nor warrant that:
– runs uninterrupted and error-free;
– the use is fit for any particular purpose and does not infringe upon any third party’s intellectual property rights;
– any information contained in and/or any of the Website, Materials or Services is accurate, adequate, complete or error-free or that any Posts or Images are compliant with the Posting Policy and Image Policy.
You use at your sole risk. Everything is provided to you on an “as is”-basis, with all faults and without express or implied warranty of any kind.
Millirium Labs Ltd is not an investment advisor and is not a financial platform or vehicle. Millirium Labs Ltd does not provide any financial advice, offers of profit nor return on investment (ROI). saar.network is strictly a Wax Blockchain based multi-activity interactive game.
14. Liability
To the maximum extent allowed by law, Millirium Labs Ltd liability towards you and your associates (whether contractual or otherwise) with respect to this Agreement and the use shall be limited to damages resulting from willful misconduct by Millirium Labs Ltd.
15. Indemnity
You herewith undertake, irrespective of any fault and knowledge, to fully compensate and indemnify Millirium Labs Ltd and/or any of its corporate bodies, affiliates and related parties (as directed by Millirium Labs Ltd) against any and all damage incurred or sustained in contract, tort, equity, statute, regulation or otherwise by Millirium Labs Ltd and/or any of its corporate bodies, affiliates and related parties, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in connection with (i) your actions within, and/or (ii) your breach of these Terms of Use and/or (ii) your or any third party’s use of video content created or distributed by you under the permitted streaming and video sharing provisions.
You acknowledge and agree that in the event of a third party claim in the event that you breach these Terms of Use or in connection with your or any third party’s use of video content created or distributed by you under the permitted streaming and video sharing provisions, in particular in the event of a claim whereas any of your actions, Posts or Images in connection with infringe on any third party’s intellectual property rights, you (and not Millirium Labs Ltd) will be responsible to bear the cost of the investigation, defense, settlement and discharge of any such claim. You will, however, promptly notify saar.network in writing of such a claim and Millirium Labs Ltd shall have the right, within its sole discretion, to direct any procedural actions in which it has a direct or indirect interest.
16. External Links
Links to external websites are provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by Millirium Labs Ltd of any of the products, services or opinions of the relevant entity or organisation or individual. Millirium Labs Ltd bears no responsibility for the accuracy, legality or content of external sites or for that of subsequent links. Millirium Labs Ltd recommends that you read the privacy policies and the terms of use of external websites before you make use thereof or provide personal information on any external websites.
17. No Partnership or Agency
Nothing in this Agreement shall be construed to establish, and the Parties shall refrain from any representation or other act that could lead any affiliate or third party to believe that they have established any form of partnership or company, and/or an agency.
18. Breach and Remedies
You understand and agree that observance of your obligations hereunder is significant to Millirium Labs Ltd and that, if you breach this Agreement, Millirium Labs Ltd would incur serious losses and other detrimental consequences which might not easily be cured.
If you breach any provision of or undertaking under this Agreement, Millirium Labs Ltd shall have the right to seek specific performance in respect of your obligations under this Agreement, including but not limited to the right to request that you cease and/or desist from committing any breach of such obligations, whether or not this forces you to abandon any commercial activity or not to pursue any opportunities at that time (cease and desist injunction).
Millirium Labs Ltd has the right to seek interim legal protection to prevent detrimental consequences and effects that cannot easily be remedied or to ensure effective enforcement of your obligations under this Agreement. In such event, you fully waive any right you may have under applicable laws to request the provision of securities by Millirium Labs Ltd.
19. Term and Termination
This Agreement shall remain in effect for a term of 30 calendar days, beginning on such date as it is entered. Upon expiry of such initial term, this Agreement shall remain in effect for successive additional terms of 30 calendar days each, unless terminated by either party no later than 15 days prior to the end of the relevant term.
This Agreement (and therefore your right to make Permitted Use of the services) shall be terminated with immediate effect in the event that an Incremental Fee is not paid within the applicable 10-day period.
In addition, Millirium Labs Ltd may terminate this Agreement if, in our sole discretion, we determine that there has been a breach of these Terms of Use, a material breach of any other agreement between the Parties or a violation of the law. If the cause of such termination is reasonably capable of being remedied, we will provide you notice of what actions you must take to reinstate a state acceptable to us within our sole discretion. If you fail to take such actions or the cause cannot be remedied within 10 calendar days, the Agreement will be terminated with immediate effect.
Upon termination, all licenses granted herein end immediately. You will cease using and return to us or uninstall and destroy any Materials you may have in your possession. Termination of the Agreement will not relieve you of your obligation to pay any amounts you owe up to and including the date of termination.
The effects of expiry or termination of this Agreement on any NFTs are governed by Section 6 hereof.
20. Miscellaneous
20.1 Notifications
In registering your User Account, but in any event before using the services, you will provide to Millirium Labs Ltd a valid email address (the “Notification Address”). You acknowledge and accept that Millirium Labs Ltd shall send any notifications to you hereunder (also including any invoice), by way of a simple unencrypted email to the Notification Address. Any such notification shall be deemed received when it is sent by Millirium Labs Ltd to the Notification Address.
You undertake to keep the Notification Address valid and in effect for the entire duration of this Agreement or to promptly notify Millirium Labs Ltd in writing prior to any change of the Notification Address.
Notices to Millirium Labs Ltd shall be made by registered mail to Millirium Labs Ltd registered address.
20.2 Amendments
Millirium Labs Ltd reserves the right to amend this Agreement from time to time upon placing any such amendments on the Website or by providing you direct notice of any such changes. Your continued use of any of the Website, Materials and Services thereafter will be deemed to as acceptance by you of any such changes to this Agreement.
20.3 Assignment
You may not assign any of your rights or obligations hereunder, whether by operation of the law or otherwise. Millirium Labs Ltd may assign this Agreement without your consent and in its sole and absolute discretion.
20.4 No Waiver
The failure of Millirium Labs Ltd to exercise or enforce any right under this Agreement shall neither be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.
20.5 Severability
If any provision or portion of a provision, contained in the Agreement is invalid or unenforceable, the remaining provisions, or the remaining portion of such provision, shall remain in full force and effect. Instead of the invalid provision, a rule shall apply that achieves as closely as possible the intention of the parties in drafting the invalid provision.
20.6 Applicable Law and Jurisdiction
To the maximum extent allowed under applicable laws, this Agreement is governed by the substantive laws of England and Wales, in the United Kingdom, to the exclusion of its rules of conflict of laws and to the exclusion of international treaties.
To the maximum extent allowed under applicable laws, all disputes under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of England and Wales, and each of the parties undertakes to fully subject itself to such jurisdiction, always provided that each of the parties shall be entitled to seek preliminary measures and injunctive relief before any competent court according to applicable law.