TERMS AND CONDITIONS

INTRODUCTION

Aviator is owned and operated by Aviator Technologies, LLC.

These are the terms and conditions for: https://aviator.ac

The following terms and conditions apply to the website and services offered by Aviator. This includes any version of Aviator accessible via desktop, mobile, tablet, social media or other devices.

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website", refer to Aviator’s website, "we", "us", "our", and "Aviator", refer to Aviator, and "you", and "user", refer to you, the Aviator user.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM AVIATOR.

1. ACCEPTANCE OF TERMS

This agreement sets forth the legally binding terms for your use of the website and services provided by Aviator. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification will be effective upon posting on the website. You agree to be bound by any modification to these terms and conditions when you use the website and services after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

Aviator may, in its sole discretion, refuse to offer the services to any user and modify its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website and services is revoked in such jurisdictions.

By using the website and services, you represent and warrant that you have full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS AND NEWSLETTER

By providing Aviator with your e-mail address, you agree that we may use your email address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.

3. SKYBRIDGE

3.1 Service Description

This agreement sets forth the legally binding terms for your use of the website and services provided by Aviator. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification will be effective upon posting on the website. You agree to be bound by any modification to these terms and conditions when you use the website and services after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

3.2 Service Functionalities

SkyBridge offers two different operation models to meet different user needs:

  • Self-Trusted Model: Uses hosted virtualization servers to bridge tokens to Layer 1 with speeds of up to 20 minutes per transaction. Provides a fast and efficient solution, circumventing the standard 7-day delay imposed by other Optimism Stack-based bridges.
  • Traditional Decentralized Trust Model: Legacy protocol that imposes a minimum 7-day withdrawal window. Offers users a more traditional option for bridging their assets, ensuring trust and decentralization.

3.3 Usage Procedure

To use SkyBridge, users must follow the steps below:

  • Wallet Connection: Users must connect their digital wallet containing the assets they wish to bridge.
  • Asset Selection: Users can select between tokens and ERC-721 (NFTs) they wish to transfer.
  • Network Selection: Users must specify the source chain or network ("From"), token, amount, and destination chain or network ("To").
  • Transaction Confirmation: Users must confirm the transaction and follow the instructions provided by SkyBridge, Coinbase, and Base.

3.4 Fees

The following fees may apply when using SkyBridge:

  • Protocol Fees: Bridging the Aviator token on SkyBridge will not incur any additional protocol fees, other than the gas fee required by the Ethereum network.
  • Network Fees: Aviator will collect a portion of the network fees as payment for the service. These fees will be clearly stated to users prior to the confirmation of each transaction.

3.5 Fee Structure

The fee structure may vary depending on network congestion and other external factors. Aviator is committed to keeping fees as low as possible by providing a detailed breakdown of the costs associated with each transaction.

3.6 Available Liquidity

The ability to withdraw certain assets from the Layer 2 blockchain to the Layer 1 blockchain without delay is subject to available liquidity at the time of the transaction. Aviator will endeavor to maintain an adequate level of liquidity to facilitate rapid transfers.

3.7 Exclusion of Liability

Aviator shall not be liable for any loss, damage or inconvenience resulting from the use of the SkyBridge™ service, including but not limited to losses due to crypto asset price fluctuations, technical failures, user error, or any other reason.

3.8 Assumption of Risks

Users assume all risks associated with the use of SkyBridge, including the transfer and storage of their crypto assets on the supported blockchain platforms. Users are advised to perform their own due diligence and take necessary precautions to protect their assets.

3.9 Modifications

Aviator reserves the right to modify these terms and conditions at any time. Modifications will be posted on the Aviator website and will be deemed effective upon posting. Users are advised to review the terms and conditions regularly to keep informed of any changes.

3.10 Suspension or Termination

Aviator may suspend or terminate the SkyBridge service at any time and for any reason, with or without notice to users. In the event of termination, Aviator agrees to process all outstanding transactions in a timely manner.

3.11 Consent

By using the SkyBridge service, users agree to comply with these terms and conditions in their entirety. If you do not agree with any part of these terms, you must not use the SkyBridge service.

3.12 Declaration of Acceptance

By connecting their wallet and confirming a transaction, users declare that they have read, understood and accepted these terms and conditions, and that they are fully aware of the risks and responsibilities associated with the use of SkyBridge.

4. AVIATOR ARCADE

4.1 Description of the Service

Aviator Arcade is an innovative online gaming platform designed to make it easy for game developers to deploy, host and manage their games without hosting fees. The platform is powered by the Base network and is integrated with Aviator SkyBridge to provide a seamless, tokenized gaming experience for both developers and players.

4.2 Developer Portal

The Developer Portal is a dedicated interface that allows game creators to upload, manage and monetize their games on Aviator Arcade. This portal offers the following functionalities:

  • Deployment and Hosting: Developers can upload their games to the platform for only the gas fee required to register them on the blockchain.
  • Game Updates: Developers can upload modified versions of their games with the same ease, paying only the gas fee.
  • Customized Fee Structures: Developers have the freedom to set the amount of AVI tokens needed to play their games, allowing for flexible monetization.
  • Visual Analytics: The platform provides detailed analytics, including games played, average play time, high scores and revenue, available for all game versions published in the agreement.
  • Intuitive Interface: An easy-to-use API allows developers to integrate their games without the need for blockchain knowledge.

4.3 Player Portal

The Player Portal is the interface through which players can interact with the platform. This portal offers the following functionalities:

  • Game Navigation and Game Selection: Players can browse a wide variety of games and select the ones they wish to play.
  • Wallet Connection: Players can connect to the platform using their preferred wallet, allowing direct integration with the arcade agreement.
  • Social Interaction: Players can interact with friends, view their recently played games and compete for high scores.
  • Score and Reward Recording: The platform records all high scores and rewards earned by players, providing a competitive and motivating experience.

4.4 Usage Procedure (For Developers)

  • Registration and Configuration: Developers must register with Aviator Arcade and connect their digital wallet.
  • Game Upload: Using the Developer Portal, games can be uploaded to the platform by paying only the gas fee for registration on the blockchain.
  • Game Management: Developers can update their games and set custom rates for each game.
  • Analytics and Monetization: Developers can access detailed analytics and receive Aviator tokens for each of their games played.

4.5 Usage Procedure (For Players)

  • Registration and Login: Players must register with Aviator Arcade and connect their preferred digital wallet.
  • Game Selection: Players can browse the selection of available games and choose which ones to play.
  • Interaction and Competition: Players can compete for high scores, interact with friends and receive Aviator tokens as rewards.

4.6 Developer Fees

  • Initial Game Upload: Developers will pay only the gas fee required to register their games on the blockchain.
  • Game Upgrade: Modified versions of games will also incur only the gas fee.
  • Monetization: Developers can set custom fees on AVI tokens to play their games.

4.7 Player Fees

  • Play Costs: Players must pay the amount of AVI tokens set by developers to play each game.
  • Transaction Fees: Transactions may be subject to gas fees depending on the Ethereum and Base network conditions.

4.8 Service Availability

Aviator Arcade is available globally, allowing developers and players worldwide to access the platform. Service availability and performance may be affected by technical factors, including blockchain network congestion.

4.9 Inherent Risks

Aviator shall not be liable for any loss, damage or inconvenience resulting from the use of the Aviator Arcade service, including but not limited to, technical failures, user errors, cryptocurrency price fluctuations, or any other reason.

4.10 Assumption of Risks

Users assume all risks associated with the use of Aviator Arcade, including the transfer and storage of their crypto assets. Users are advised to take the necessary precautions to protect their digital assets.

4.11 Updates to Terms

Aviator reserves the right to modify these terms and conditions at any time. Modifications will be posted on the Aviator website and will be deemed effective upon posting. Users are advised to review the terms and conditions regularly to keep informed of any changes.

Right of Termination: Aviator may suspend or terminate the Aviator Arcade service at any time and for any reason, with or without notice to users. In the event of termination, Aviator agrees to process all outstanding transactions in a timely manner.

4.12 Consent

By using the Aviator Arcade service, users agree to comply with these terms and conditions in their entirety. If you do not agree to any part of these terms, you must not use the Aviator Arcade service.

4.13 Declaration of Acceptance

By connecting their wallet and participating in games or uploading games to the platform, users declare that they have read, understood and accepted these terms and conditions, and that they are fully aware of the risks and responsibilities associated with the use of Aviator Arcade.

5. DAO CONSTITUTION FOR AVIATOR

5.1 DAO Definition and Purpose

A DAO, or Decentralized Autonomous Organization, is a management structure that uses blockchain technology to automate certain aspects of voting and transaction processing. The Aviator DAO is designed to leverage the benefits of decentralization, allowing the community to manage and oversee Treasury funds efficiently and securely. The Aviator project adopts the principles of decentralization to ensure that all outgoing uses of Treasury funds are approved by the community. The Treasury thus becomes the sole property of the community, ensuring transparency and accountability in the management of resources.

5.2 Participation and Voting

To participate in the Aviator DAO, users must possess AVI tokens. The steps to participate are as follows: visit the Snapshot site, connect your digital wallet containing AVI tokens and vote on the available proposals. Voting only requires a signature, which is free of charge. In order to vote, users must hold AVI tokens before the proposal is published. Voting power is determined by the amount of AVI tokens held.

5.3 Proposal and Voting Procedures

Project proposals will be submitted on social media for discussion and debates will be organized on the Aviator community Discord server. Users of other platforms are encouraged to organize their own debates. Voting for major proposals will last 7 calendar days and voting for minor proposals will last 3 calendar days. Proposals can be repealed with a two-thirds majority vote. Amendments to this constitution will require a three-fourths majority vote.

5.4 Approval ans Supervision of Transactions

All outgoing Treasury transactions must be approved by the community through the DAO. Once a proposed use of funds is approved, the transaction must receive additional approval from 3 out of 5 multi-signers to provide additional oversight and protection. Multi-signers are individuals selected by the community who have the responsibility of approving outgoing transactions. This structure ensures an additional layer of security and accountability in the management of Treasury funds

5.5 Transparency and Accountability

All votes and transactions will be recorded on the blockchain to ensure transparency. Voting results and decisions on the use of funds will be published and accessible to all community members. The Aviator community is responsible for overseeing and ensuring that all DAO processes are conducted in a fair and transparent manner. Community members have the right and responsibility to actively participate in discussions and voting.

5.6 Amendments to the DAO Constitution

Any amendment to this constitution shall require a three-fourths majority vote. Proposed amendments must follow the same discussion and voting procedures established for other proposals. All approved modifications will be recorded on the blockchain and posted on the official Aviator platforms to ensure that all community members are informed of the changes.

6. LIMITATION OF LIABILITY

Aviator provides the Aviator Arcade and SkyBridge services on an “as is“ and “as available“ basis, without warranty of any kind, either express or implied. Aviator does not warrant that the services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Aviator does not warrant that the results that may be obtained from the use of the services will be accurate or reliable. Any reliance on material or information obtained through the services shall be at your own risk.

To the maximum extent permitted by applicable law, Aviator, its directors, employees, agents, partners and suppliers shall not be liable for direct, indirect, incidental, special, consequential or punitive damages, including but not limited to, loss of profits, loss of data, loss of goodwill, business interruption or other intangible losses resulting from the use or inability to use the services. Aviator shall not be liable for errors or failures in transactions conducted through the blockchain, including but not limited to, transaction confirmation failures, loss of tokens, or any other type of technical or user failure related to the transfer of crypto assets. In addition, Aviator shall not be liable for any content, products, services, or transactions provided by third parties that may be linked to or accessible from Aviator's services. This includes any damage or loss caused by the use of such third party content, products, or services.

Users acknowledge and agree that the use of crypto assets involves significant risks, including but not limited to, price fluctuations, security risks, and possible total loss of value. User assumes all risks associated with the management and storage of its crypto asset. Aviator does not guarantee the complete security of the services and shall not be liable for any unauthorized access, hacking, data loss or any other security event that may affect users.

Aviator reserves the right to modify, suspend or discontinue any aspect of the services at any time without notice. Aviator shall not be liable for any damages or losses that may result from such modifications, suspensions or discontinuances. Aviator shall not be liable for any failure to comply with any applicable law in the user's jurisdiction. It is the user's responsibility to ensure that their use of the services complies with all local laws and regulations.

7. COPYRIGHT

All content on the Aviator website, including, without limitation, names, logos, trademarks (Aviator Arcade, SkyBridge), images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Aviator or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on Aviator are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Aviator prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Aviator or any part of the material for any purpose other than its intended purposes is strictly prohibited.

8. COPYRIGHT INFRINGEMENT

Aviator will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Aviator respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that Aviator can find it on the website.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

9. PERSONAL DATA

Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.

10. PROHIBITED ACTIVITIES

The following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the services for any purpose without our express written permission.
  • “Frame“, “mirror“ or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Aviator in connection with the services.
  • Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.

11. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, Aviator provides and maintains the website on an “as is”, “as available” basis and does not promise that use of the website will be uninterrupted or error free. We will not be liable to you if we are unable to provide the website and our applications and services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Aviator for any loss or damage caused as a result.

Aviator shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Aviator excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Aviator and Aviator shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the website.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Aviator.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

12. ELECTRONIC COMMUNICATIONS

Aviator will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.

13. INDEMNIFICATION

You agree to defend and indemnify Aviator from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the website and services.

14. CHANGES

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users.

15. SCOPE

This agreement together with the privacy policy and any other legal notices published by Aviator, shall constitute the entire agreement between you and Aviator concerning and governs your use of the website and the services.

16. FORCE MAJEURE

Aviator shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.

17. TERMINATION

Both the user and Aviator acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Aviator reserves the right to unilaterally terminate the user's access to and use of the platform. Aviator may take this action without prior notice, and the user will automatically lose all rights to access and use the platform. Furthermore, Aviator shall not be liable for any loss of data or information associated with the user's account.

In case of non-compliance by Aviator: If Aviator fails to comply with its obligations under the agreed terms and conditions, the user shall be entitled to terminate the agreement and stop using the platform. The user shall notify Aviator in writing of the breach and allow a reasonable time for Aviator to remedy the situation. If Aviator does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

18. ARBITRATION

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity, as well as any aspect of your use of the website and our services, shall preferably be resolved by binding arbitration between you and Aviator. Notwithstanding the foregoing, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.

In the event of any dispute arising in connection with your use of the website and our services or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and our services. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.

19. APPLICABLE LAW AND JURISDICTION

These terms of service shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of New Mexico. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of New Mexico. This applies unless binding arbitration is agreed to in the applicable section.

20. FINAL PROVISIONS

Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

21. CONTACT INFORMATION

If you have questions or concerns about these terms and conditions, please contact us using the contact information below: Aviator Technologies, LLC.

[email protected]