GENERAL TERMS AND CONDITIONS OF USE

Welcome to 121GameOn. 121GameOn provides an eSport platform with features allowing gamers to participate in contests, to compete for real money in existing, skill-based, competitive, electronic games (the “Service”). The Service is provided by Entilen AS, reg. no. 917779538, Kongens Gate 3, 0153 Oslo (hereinafter “we”, “our”, “us”, the “Company” or “121GameOn”). This User Agreement and 121GameOn’s Privacy Policy (this “Agreement”) applies to all Users of the Service (collectively or individually, “Users”, “User” or “you”). Each of 121GameOn and the Users is referred to as a “Party” and together as the “Parties”.

BEFORE USING THE SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON, “AGREE”, “ACCEPTOR “REGISTER” (DEPENDING ON YOUR USED PLATFORM) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK “AGREE”, “ACCEPT” OR “REGISTER” IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE SERVICE.

1. GENERAL TERMS

1. The terms and changes. By registering to the Service and/or accessing or using it, you acknowledge that you have understood and agreed to these terms and conditions (“T&Cs”) and that you are acting only on your own behalf. These T&Cs form a binding and enforceable contract between 121GameOn and you. The T&Cs apply whenever you access the Service, on any device. 121GameOn may make modifications, deletions and/or additions to these T&Cs (“Changes”) at any time. When we make material Changes to these T&Cs, we will ask for your consent, if required, and provide you with prominent notice as appropriate under the circumstances, e.g. by displaying a prominent notice within the Service or by sending you an email. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes; or (ii) when you opt in or otherwise expressly agree to the Changes or a version of these T&Cs incorporating the Changes, whichever comes first. If you do not wish to continue using the Service under the new version of the T&Cs, you may terminate the T&Cs by contacting us through email at www.121gameon.com.

2. Your use of the Service. When you use the Service, you warrant that you (i) are at least eighteen (18) years of age, or of the legal age in your jurisdiction, (ii) are a physical person and not a company or any other legal entity,(iii) are playing on your behalf and do not act as a professional player (iv) have the power to and are entitled to enter a binding contract with us, (v) have the power to register for a User Account, and to participate in the Service. You must comply with these T&Cs when receiving the Service.

3. User Account. By gaining access to the Service, you will create an account connected to a third party game (“User Account”).You may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide to 121GameOn will always be accurate, correct, and up to date. If you deposit money into your User Account, you will be required to register (or to already have registered) your email address, and a password. You may only open and maintain one User Account. You may not transfer your User Account to anyone else, nor to permit anyone else to use your User Account. You may not use the User Account of another User. 121GameOn, supervisory authorities and any other relevant authorities may monitor or request to review all transactions in order to prevent money laundering. All suspicious transactions detected by 121GameOn will be reported to the governing authorities.. You can at any time log in to your account and view a statement of the account which would show recent transactions effected on that account. If you notice any mistakes you must notify 121GameOn immediately.

4. Password. After making your first deposit, at the latest, you will be asked to set an account password. You are responsible for maintaining the confidentiality of any login information associated with the User Account and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur on your account. If you have reason to believe that your User Account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify us by email to support@121gameon.com. You may be liable for the losses incurred by Company or others due to any unauthorized use of your User Account.

5. User communication. Under this Agreement, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices in the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. Refunds. The refund policy of 121GameOn is to not affect any refunds other than as expressly stated in these T&Cs. However, it remains at management’s discretion to determine whether a refund request for a deposit made, or entry fee paid, should be entertained in other circumstances than set out in these T&Cs.

2. COMPLIANCE WITH LAWS

1. You are responsible for compliance with all applicable laws. Your participation in the Service is at your own risk, and you agree not to hold 121GameOn responsible or liable if applicable laws restrict or prohibit your access or participation.

3. YOUR INDEMNIFICATION OF 121GameOn

1. The User acknowledges and agrees that 121GameOn leaves no representations or warranties regarding the Service quality, safety, reliability, availability, or performance. The User acknowledges and accepts that the User use the Service at the user’s own risk, and that 121GameOn will not be responsible for any consequential damages arising out of the use of, or the failure to use, the Service.

2. The User agree to indemnify and hold 121GameOn and each of their directors, officers, employees, contractors, suppliers and partners, harmless from any claims, losses, damages, liabilities, costs and expenses, including attorney’s fees, arising out of or relating to your use or misuse of the Service, breach of these T&Cs or violation of the rights of any other person or entity, except solely to the extent any of the foregoing arise out of the wilful misconduct or gross negligence of 121GameOn. 121GameOn reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which the User are required to indemnify 121GameOn and the User agrees to cooperate with 121GameOn’s defense of these claims.

4. PRIVACY POLICY

121GameOn’s Privacy Policy is hereby incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

5. PROHIBITED USES

1. You may not use the Service in a way that is unlawful or prohibited by these T&Cs. Access to the Services from territories where the Services are illegal is strictly prohibited.

2. You may not use the Service in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use of the Service. You may not intentionally interfere with or damage the operation of the Service or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service.

3. You may not attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.

4. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree neither to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

5. You may never use the User Account of another User, even if permitted by that User.

6. You may never, at any circumstances, deposit money to your User Account that does not belong to you, that has been gained from criminal or other illegal activity, or by using any method of payment that does not belong to you personally.

7. You may never deposit or withdraw funds from/to a User Account not registered by you.

8. You may not deposit funds to or withdraw funds from your User Account with a method of payment that is not set up by you and issued in your name. 121GameOn has the right to verify, with authorized third parties, that the method of payment is set up by the User and deny any depositions and/or payouts. If you wish to withdraw funds that are deposited in your User Account 121GameOn reserves the right to refuse such transfer of funds to bank accounts other than those the funds came from if 121GameOn suspects fraud and / or money laundering.

9. In accessing or participating in the Service or using the Software, you represent and warrant to 121GameOn that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Service. Any User who engages in, participates in, or displays behaviour that may be interpreted, in 121GameOn’s sole discretion, as unfair methods in participating in the Services will be subject to immediate sanction (as determined by 121GameOn in our sole discretion), which may include, without limitation: (i) immediate termination of User Account and blocking of the User’s access to the Services; (ii) any winnings that the User may otherwise have been entitled to receive shall be void and forfeited; and (iii) any winnings received by the User shall be subject to disgorgement and/or recoupment.

10. The User must at all times observe the highest standards of personal integrity.

11. Any form of cheating will not be tolerated. Users are prohibited from influencing or manipulating a third party game so that the outcome is determined by anything other than its merits. Examples of cheating would include: action to intentionally alter, or attempt to alter, the playing conditions or the results of any game or match or attempts to interfere with another player’s connection to the game service through Distributed Denial of Service (DDoS) or any other means.

12. Any form of match fixing will not be tolerated. Users are prohibited from using more than one referral code per campaign. Users may not intentionally loose games in order to attract higher stakes in later games.

13. In case a user is caught in the act of cheating by the Company’s anti-cheat software or as reported and verified by appointed referees when scrutinizing a rerun of the reported match(es), the user accepts that all funds in his/her account will be distributed to the offended parties.

14. Users can only use one game account, and the account must belong to the User. Any efforts to connect to other parties’ accounts are prohibited, and will result in a closed User Account and confiscation of funds.

15. Users are prohibited from engaging in harassment or discrimination based on race, colour, religion, gender, national origin, age, disability, sexual orientation or any other status or characteristic protected by law.

6. USE OF COMMUNICATION TOOLS

1. We may provide open communication tools on our Services, such as blog comments, ratings and reviews, chat, etc. You understand that generally we do not pre-screen or monitor the content posted by Users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Services, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

a. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

b. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; or

c. Contains any type of unauthorized or unsolicited advertising.

2. We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with these T&Cs, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

3. We do not assume any liability for any content posted by you or any other 3rd party users of our Services. However, you give us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute any content posted by you using any open communication tools on our Services as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Services.

7. WAGERS AND FEES

1. A wager or entry fee can only be paid/placed by a registered User. A wager or entry fee can only be paid/placed over a distance communication device such as a computer, mobile device or over the Internet. A wager or entry fee can only be paid/placed if the User has sufficient funds in his or her User Account.

2. Deposits to the User Accounts must be of minimum €10. Withdrawals from the User Accounts must be of minimum €10.

3. All contests rules will be governed by the T&Cs and the rules applicable at the time of the contest’s start. The specific rules for each contest will be available from time to time at the start of that contest. Such rules may be, but is not limited to, wager size, entry fees, the numbers of Users in the contest, duration of the contest, distribution of prizes etc.

4. A wager or entry fee is deemed to have been accepted as soon as it is received on the Service and validated and processed. Confirmation is then sent to the device or computer of the User. Wagers are stored and can be seen in the User’s transaction log with timestamps.

5. You affirm that at the time that you entered a contest you had no knowledge as to the outcome of the respective contests. Entering contests about which the User has gained access to insider information are not allowed. Where there is a suspicion of a violation of this rule, 121GameOn retains the right to void the contest and refuse to pay out winnings. 121GameOn also retains the right to take any further action to protect its legitimate interests and to comply with other laws and regulations. We retain the right to decline to accept entering any contest without providing any reason.

6. The list of contests, available wagers, their status and details are available to the User on the Service after login. A wager or entry fee which has been paid cannot be amended, withdrawn or cancelled by the User. A mistake regarding the details of a contest will not influence the validity of it. Should a contest game or match for any reason be stopped prematurely, before it finishes as set out by its rules, or before any winnings are distributed, the User will either be refunded the whole amount of his entry fee/s paid to that contest or be deducted the full amount if judged to be at the fault of the User, for example in cases of forced power outings, software crash, hardware malfunction, etc.

7. When you enter a contest, you acknowledge that you have read and understood in full all the T&Cs and rules regarding the contests offered by 121GameOn as stated in the Service. We retain the right to limit contests. Should a contest that has a set number of participants according to its rules not reach full participation, winnings will be calculated on the accepted amount and number of participating users only.

8. 21GameOn manages the User Account, calculates the available funds, the pending funds, the funds reserved in ongoing contests as well as the amount of the winnings. Unless proved otherwise, these amounts are considered as final and are deemed to be accurate.

9. 121GameOn will never question you about the relevance of the contests you wish to enter and will not be held responsible for the possible mistakes that could have been made when entering such contests, including mistakes regarding the fee/s of the contest.

10. Winnings will be paid into the User Account after the final winning result(s) is/are confirmed. However, 121GameOn reserves the right to set aside any winnings should there be investigations into the result of a contest resulting from a suspicion of undue manipulation, cheating or criminal activities that may have affected the result of the contest. If the irregularity is confirmed, 121GameOn retains the right to void any related winnings, wagers and entry fees.

11. Should 121GameOn become aware that a User has entered or participated in contests using different User Accounts that the User has irregularly opened, or that has been opened by another User, all contests and results as well as winnings will be voided. 121GameOn retains the right to take further action as deemed appropriate and necessary.

12. Communication errors do occasionally happen. Contest results are confirmed only when received on our servers.

13. Should there be a break in communication after you entered a contest and your entry has been received on our servers it will still be considered valid. You will be informed that it has been accepted once communication is re-established at which time the contest may have been settled. If the entry into a contest is not received at our servers then it will not stand and the amount will not have been deducted from your account.

14. The entry fee for each contest will be specified by 121GameOn at the time of the contest.

8. WINNINGS AND PAYOUTS

1. The number of Users participating in a contest and their relative skills determine the result of all contest. Each monetary prize that is larger than the concerned contest’s initial entry fee is subject to a 5% service payment (“Service Payment”), or a minimum of EUR 0.10 or the equivalent in another currency set on the User Account. Cash prizes will be deposited directly into the User Account and will usually be available within one (1) hour of a contest’s conclusion. A User’s Account should at no time exceed EUR 2, 000 or the equivalent in the currency set for the User Account.

2. Where not intuitively given by the games’ existing dynamics, contesting rules or scoring, the controls and guidelines can be found at each game’s real money contesting section. Any questions or comments regarding this information should be sent to our Customer Support via email: support@121gameon.com.

3. 121GameOn is not a financial institution and no interest is paid on any funds, irrespective of the amount, held in the User Account.

4. It is the responsibility of the User to keep track of winnings and report them to the proper authorities, if the User resides in a jurisdiction where those winnings are taxable. Any amounts that are mistakenly credited to the User Account as winnings remain our property and will automatically be transferred from the User Account upon the error being noticed. Any winnings mistakenly credited to the User Account yet withdrawn by you will constitute a debt owed by you to us in the amount of such wrongfully attributed winnings.

5. When you request your first withdrawal from the User Account, we can ask you for (i) proof of your identity and (ii) your email address. If you are unable to provide this to us, to our reasonable satisfaction we may be unable to pay your requested withdrawal to you. We reserve the right to request this information for subsequent withdrawals too.

6. If you provide materially misleading, inaccurate or incomplete information in the User Account, we will be entitled to terminate the User Account and cause you to forfeit any prizes you may have won as well as exercise any legal remedies we may have as a result of such conduct.

9. INTELLECTUAL PROPERTY RIGHTS

1. Software license. 121GameOn’s Service and Software are the property of 121GameOn or 121GameOn’s licensor. Subject to this Agreement and your compliance with these T&Cs, 121GameOn grants to you a non-exclusive, limited, revocable, non-transferable, non-assignable, non-sublicensable license to access and use the Service and the Software, but not the related object code and source code, on a device owned or controlled by you, solely for the purpose of accessing and using the Service and Software in accordance with these T&Cs and for your personal use, and solely for so long as the User Account is open. You may not copy, distribute, make available to the public or create any derivative work from 121GameOn or any part of 121GameOn’s platform unless you have a prior written approval from 121GameOn. 121GameOn’s Software is licensed, not sold, to you and 121GameOn and its licensors retain ownership of all copies of 121GameOn’s Software even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices.

2. Ownership. All content of the Service, and all 121GameOn’s products and services, trademarks, symbols, logos, domain names, and all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are the sole and exclusive property of 121GameOn or its licensors. We reserve all rights not expressly granted herein. Except as expressly set forth herein: no right or license is granted hereunder to any intellectual property rights and your use of Services and/or Software does not convey or imply the right to use the Service or the Software in combination with any other information or products.

10. TERMINATION

1. These T&Cs will continue to apply to you until terminated by either you or 121GameOn. The User agrees that 121GameOn, in its sole discretion and for any or no reason, may terminate the User Account or your use of the Service. 121GameOn may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. The User agrees that any termination of the User access to the Service or any account the User may have or portion thereof may be effected without prior notice, and the User agrees that 121GameOn shall not be liable to the User or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies 121GameOn may have at law or in equity.

2. 121GameOn will deem inactive User Accounts abandoned and close such abandoned User Accounts after a period of at least five (5) months of complete User inactivity, regardless of any unwithdrawn balance left on accounts.

3. You may terminate these T&Cs at any time and for any reason by going to your User Account web page and following the account closure process, or by contacting Customer Support via email support@121gameon.com, or through the game’s dedicated 121GameOn support email address. Upon termination of the User Account, you must immediately discontinue use of the Services and the Software and the User Account and promptly uninstall and delete all copies of the Software. Immediately upon termination of the User Account, all license and rights granted to you under these T&Cs automatically terminate. Your obligation to pay accrued Fees will survive any termination of these T&Cs.

4. After termination of your User Account, you will not open a new User Account, but you may still be allowed to reinstate your account if you wish to do so under certain circumstances. You should contact Customer Support via email to support@121gameon.com to request an account reinstatement.

5. Any sections of these T&Cs that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

6. Upon termination of your User Account, either by you or us, we will, with the limitations set out in this Agreement, pay out the available funds on the User Account to you.

7. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these T&Cs by you.

11. WARRANTIES AND DISCLAIMERS

1. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Services and the use of the Services. By using our Services, you understand and agree that they are provided “as is” and “as available” without warranties of any kind either express or implied. This means that we do not represent or warrant to you that (not exhaustive list):

i. The use of our Services will meet your needs or requirements.

ii. The use of the Services will not infringe any proprietary rights.

iii. The your participation in any competition or use of services is lawful in your jurisdiction.

iv. The use of our Services will be uninterrupted, timely, secure or free from errors.

v. the information obtained by using our Services will be accurate or reliable, and

vi. any defects in the operation or functionality of any Services we provide will be repaired or corrected.

Furthermore, you understand and agree that:

i. any content downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

ii. no information or advice, whether expressed, implied, oral or written, obtained by you from or through any Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these T&Cs.

iii. 121GameOn may, at its sole discretion, screen, monitor and/or edit the Service, at any time for any reason, with or without notice.

12. LIMITATIONS OF LIABILITY

1. 121GameOn or its affiliates, contractors, employees, agents, or third party partners or suppliers will not be liable for any indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime. This limitation of liability shall apply to the maximum extent permitted by law.

2. Unless otherwise is set out by mandatory law, shall 121GameOn's or its affiliates, contractors, employees, agents, or third party partners or suppliers total liability to the User for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Service and Software (whether in contract, tort, warranty, or otherwise) in no event exceed the available funds on the User Account or the amount of the entry fee involved in the mistake or negligent act.

3. These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided to you by third parties other than 121GameOn and received by the User through, or advertised on, the service or received by the User through any links provided on the Service.

4. 121GameOn is not to be held responsible for the consequences caused by the breakdown of any device or software, directly managed or outsourced, which could lead to a total or partial reduction to the access of its services, via Internet or by phone.

5. 121GameOn is not responsible for any consequences resulting from force majeure events such as any strike, terrorist activities, political crisis, war, saturation of the telecommunication networks or natural catastrophe; which could lead to a total or partial reduction to the access to its services, on Internet or by phone.

13. GOVERNING LAW AND DISPUTES

1. Unless otherwise required by a mandatory law, these Agreements are subject to the laws of Norway, without regard to choice or conflicts of law principles.

2. With the limitations set out below and any applicable mandatory law, you and 121GameOn agree that all disputes arising out of or in connection with the present Agreements shall be finally settled by the courts of Norway with the Oslo District court (Oslo Tingrett) as first instance.

3. For citizens within the European Economic Area, the EU Commission has established a platform for the settlement of disputes outside the courtroom, available at http://ec.europa.eu/consumers/odr/. In case of a dispute you may also bring the case before the Norwegian Consumer Council, see https://www.forbrukerradet.no

14. ASSIGNMENT

121GameOn may assign the T&Cs or any part of them, and 121GameOn may delegate any of its obligations under these T&Cs. You may not assign the T&Cs or any part of them, nor transfer or sub-license your rights under these T&Cs, to any third party.

15. SEVERABILITY

If any provision of these T&Cs shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these T&Cs and shall not affect the validity and enforceability of any remaining provisions.

15. ENTIRE AGREEMENT

This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these T&Cs or guidelines made by 121GameOn.