Welcome to the 1Up Capital website located on www.1upcapital.co (“Site” or “Website”).

This website is owned and operated by 1Up Capital Partners Ltd (672870), a limited liability company registered at The Black Church, St Mary’s Place, D07 P4AX, Dublin in the Republic of Ireland. Throughout the Site, the terms “we”, “us”, “company”, “1Up Capital” or “1Up” refers to 1Up Capital Partners Ltd. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site using any of our services, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, customers, and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.

By accessing or using our Services, you agree to these Terms, conditions, and all applicable laws. If you do not agree with these Terms, you should not use the Services.

1.     1Up Capital Services

1Up Capital offers various services to gaming companies, including but not limited to, user acquisition funding and related services. 1Up Capital mainly provides these services to gaming companies based in the European Union (E.U.) and United Kingdom (U.K.). From time to time, 1Up Capital holds all rights to add or discontinue any service at the sole discretion and without notice.

2.     Usage

You may use the Services only in accordance with and subject to these Terms and conditions.

3.     Unauthorised Use

Unauthorised use of this Website is prohibited. The following uses are expressly unauthorized:

·       Gathering, monitoring, or copying any content on this Website by using any crawler, spyware, engine, robot, “bot,” spider, device, extraction tool, software, or any other utility, automatic device, or manual process of any kind without our express permission.

·       Harvesting or otherwise collecting information about others including, without limitation, e-mail addresses, without their explicit consent.

·       Interfering, or attempting to interfere, with the operations of the Website or using any device or software that will interfere, or attempt to interfere, with the operations of the Website; or posting any unauthorised material to the pages of the Website or the databases that power it.

·       Attempting to circumvent Website security in any way; probing or testing the vulnerability of the Website or any network connected to the Website; or hacking, breaching, or attempting to breach any part of the Website, its security or authentication measures, or any network connected to the Website, including the content management system and source code.

·       Uploading or submitting any data or information containing viruses, trojans, worms, malware, or any other computer code, corrupt file, program or component designed to interfere with this Website or its use, or the use of any software, hardware, networks, servers, computers, electronic devices, or other equipment of ours or any third party.

·       Submitting any content in such volume as to disrupt the use of this Website; or taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website.

·       Taking any action or making any communication that is inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, abusive, or a violation of our legal rights (including, without limitation, privacy and publicity rights) or the legal rights of a third party.

·       Violating the copyright, trademark, or other intellectual property rights of any other person or entity.

·       Posting Submissions (defined below) or any other content using any manual or automatic posting tools other than those provided by us, unless you have received our express written consent.

·       Improperly assuming or claiming the identity, characteristics, or qualifications of another person or entity.

·       Conducting or forwarding surveys, contests, pyramid schemes, or chain letters.

·       Taking actions to seek or discover any materials or information, including passwords, through or in connection with the Website, except as authorised by these Terms and as intentionally made available to you through the Website.

·       Attempting to gain unauthorised access to any portion of the Website or any systems or networks connected to the Website.

·       Interfering or attempting to interfere with the use of the Website by other users.

·       Violating any applicable laws or regulations.

·       Posting hyperlinks to other websites that contain content that falls within the descriptions set forth above.

·       Attempting to use this Website for any purposes other than those intended by us, as determined in our sole discretion.

4.     Use of Website

If you are using this Website, you are confirming that you are 18 years of age or older, or are over 13 years of age and using the Website with the consent and supervision of your parent or guardian. If you fail to comply with any of these Terms, your permission to use the Website automatically terminates. If we become aware that you have been using the Website in an unauthorised way, we may block or suspend your access to the Website, bar you from future usage of the Website, or take any other action we deem necessary or appropriate and may pursue any or all legal or equitable claims against you for such unauthorised use. We further reserve the right, in our sole discretion, to refuse, suspend, or terminate your access to this Website, or any of our resources or services, at any time for any reason without notice. We shall not be held liable to you or any third party for any termination of your access to this Website.

You agree to indemnify and hold us and 1upcapital.co harmless from any liability, loss, claim or expense including attorney's fees, related to your violation of these Terms or your use of the services, products, or information made available through the Website.

Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, but not limited to, the liability and indemnification sections contained herein below.

5.     Electronic Communications

Visiting this Website, texting, or sending emails to us constitutes electronic communications. You consent to receive electronic communications from us and agree to notify us of any changes in your telephone number or email address. Except as otherwise required under applicable law, you agree that all agreements, notices, and other communications that we provide to you electronically, via email, text or on the Website, satisfy any legal requirement that such communications be in writing.

6.     Endorsements

Any description of a product, service, or publication on this Website (including any description or reference via hyperlink) does not imply endorsement by us of that product, service, or publication. Moreover, the inclusion of any third party link, social media feature, embed, or widget on the Website does not imply an endorsement by us or any association with its third party operator.

7.     User Generated Content

It is possible that some of the games we finance may contain user generated content from time to time. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us on hello@1upcapital.co.

8.     Use of Third Party Sites and Organisations

Certain services made available via the Website are delivered by third party sites and organisations acting as our third-party service providers. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that we may share your information and data with any third party service provider that provides the requested product, service, or functionality on behalf of our users and customers.

9.     Accounts, Registrations and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. 1UP CAPITAL is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of 1UP CAPITAL. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such Password to another person or entity or permit another entity to access the Site using such Password. You must notify 1UP CAPITAL immediately of any breach of security or unauthorized use of your account. 1UP CAPITAL cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site.

10.  Ownership and Intellectual Property

All Content included on the Website, unless uploaded by Users, is the property of 1Up Capital Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

Any trademarks, service marks, or logos appearing on the 1Up Capital Website are our property or the property of the party that provided the trademarks, service marks, or logos to us. We and any party that provided trademarks, service marks, or logos to us retain all rights with respect to any of our respective trademarks, service marks, or logos appearing in this Website, whether registered or not. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

11.  Copyrights and Trademarks

Violating the trademark or copyright rights of others is a violation of these Terms. Nothing on this Website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of 1upcapital.co, 1Up Capital, or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, 1upcapital.co or 1Up Capital is the owner of all trademarks and service marks on this Website, whether registered or not.

12.  Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 1UP CAPITAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.

13.  Limitation of Liability

You agree that in no event shall 1UP CAPITAL be liable to you, or to any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorised access to or use of the Site or 1UP CAPITAL' secure servers and/or any and all personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

14.  Indemnification

You agree to indemnify and hold 1UP CAPITAL and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.

15.  Choice of Law; Disputes

You will resolve any claim, cause of action or dispute (together a “claim”) you have with 1UP CAPITAL arising out of or relating to the Site or the Terms and Conditions exclusively in a court located in Dublin, Ireland. The laws of Ireland will govern the Terms and Conditions, as well as any claim that may arise between you and 1UP CAPITAL, without regard to conflict of law principles. You agree to submit to the exclusive personal jurisdiction of the courts of Ireland for the purpose of litigating all such claims. Any dispute arising hereunder or related to your use of the Site shall be solely between you and 1UP CAPITAL, and to the fullest extent permitted by law, no dispute or proceeding shall be joined with any other or decided on a class-action basis. In the event any breach of these Terms and Conditions portends irreparable injury to 1UP CAPITAL, you agree that 1UP CAPITAL shall be entitled to seek equitable relief, including injunctions and declaratory judgments, in addition to any other remedies permitted by law.

16.  Business users

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. This means please read these Terms because we don’t mean to imply any others.

We’ve said it above but for the sake of completeness, this is a free website. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site or use of or reliance on any content displayed on our site. In particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.

17.  Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should therefore review these Terms and Conditions regularly.

18.  Electronic Communications

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

19.  Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

20.  Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and 1UP CAPITAL with respect to the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act with respect to a breach by you or others does not waive 1UP CAPITAL right to act with respect to subsequent or similar breaches.

21.  Contact Us

For any questions, complaints, and queries or to report any violations, kindly send an email on hello@1upcapital.co.

Effective date: 30th June 2020