Player Terms and Conditions

[Aug 30th, 2018] This agreement contains the terms and conditions between Funtoshare Ltd (Wiikli), herein referred as «Wiikli» and the individual participant/free customer, herein referred to as the "Client." "Client" is defined as a person who has created a new Wiikli client/profile online. Wiikli may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by notifying the Client via email or by posting a notice or a new agreement on our website. Modifications may include, but are not limited to, changes in the scope of available wager types, schedules, banking center options, limits and procedures or referral program rules. If any modification is unacceptable to the client, they may terminate this agreement and close their profile, by the rules of GDPR. The continued activity in the profile in the program following our posting of a change notice or new agreement on our website will constitute binding acceptance of that change.

1. GENERAL TERMS
1.1. Changes to the Terms.

We may amend, change, modify or revise the Terms at any time, and we may post a notice on our website at [www.wiikli.com, www.wiikli.biz] (Website) of any material changes, and you can see when these Terms were last revised by referring to the Updated legend above. Your continued participation in Competitions and/or use of Software or Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.

1.2 Eligibility

To be eligible to register a Client profile, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your profile registration; (b) have the power to enter into a contract with Wiikli; (c) Competition you select is unrestricted by that country or states laws; and (e) at all times abide by these Terms.

1.3 Registration

When you create a Client profile, you will be asked for a legitimate email address that you control and to create username and a password. A Client profile is needed for all Clients who joins a Skill Quiz tournament, to establish fair play.

1.4 Your Profile.

You, the Client, as the holder of your Client profile, are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (a) access your profile; (b) access Services or Software through your profile; or (c) accept or use prizes, winnings and other representative of value.

1.5 Employee Policy

Wiikli employees, directors, contractors, affiliates, or partners may use the Website, Services and/or Software without limitation, but only if they do not have any access to non-public information relating to the Services and/or Software that would lead to any advantage in their activity using the Services and/or Software.

2. SERVICES AND SOFTWARE
2.1 Our Services

We may, with or without notice to you: (a) modify, suspend or terminate your access to the Website, Services and/or Software for any reason without liability; and (b) interrupt the operation of the Website, Services and/or Software as necessary to perform maintenance, error correction, or other work. We may suspend and/or close the profile of any user who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without notice and without liability. Also, and without limiting our other rights or remedies, if we believe you have violated these Terms or if you have violated these Terms, we may determine that your Winnings, if any, will be forfeited, disgorged or recouped by us.

2.1.1 Signing Up - JOIN

The Client may submit a complete application from the signup portion of the Wiikli website. It is required that the information provided by the Client at the time of signup be accurate and valid. Wiikli reserves the right to reject or cancel any profile created if it has been determined that the Client has already created an profile, that the information is invalid or inaccurate, has been blacklisted, or for any other reason left to the sole discretion of management. By opening an profile with Wiikli, the Client agrees that all Wiikli client rules, policies and operating procedures will apply to them. Wiikli reserves the right to refuse Clients action or close their profiles if necessary to comply with any requirements that may be established. In the event of a violation, Wiikli has the right to void all current and future Skill quiz quizzes as well as the potential win/loss from that quiz.

2.2 How to participate in Quiz Wiikli Tournament

Tournament Tickets are required to join in the Quiz Wiikli tournament. One ticket will give you access to enter the Quiz Wiikli Tournament for one week. Tickets are purchased either as part of an affiliate product package or as a single or discounted package in the Wiikli Shop. When tickets are purchased, it can be used to participate in the Quiz Wiikli tournament and are not refundable, whether in whole or in part. To enter one Quiz Wiikli tournament, a Client/Affiliate can use between 1-3 ticket per tournament.

When more than one ticket is used in one tournament it gives the Client/Affiliate an advantage in the final randomized selection process. The Client/Affiliate all need to pass the qualifying round. All Client/Affiliates that pass the qualifying round will be part of a final randomized selection Process. Client/Affiliate with use of more tickets in the tournament will obviously give the Client/Affiliate an increase of possibilities for a seat at a final Table.

2.2.1 Software

If you wish to participate in Competitions or receive Services, you may be required to first download certain proprietary Wiikli software and/or mobile applications.

2.3 Access and Updates

We may choose to offer technical support for Software from time to time in our discretion.

2.3.1 Choice/Opt-out
We communicate with our clients on a regular basis to provide information regarding their profile, exclusive offers and updates. We may contact our clients via email or phone, in accordance with their expressed wishes. We respect our clients' privacy and will not rent, trade or release our clients' information without their consent. All our clients may visit “My Profile" section to manage their subscriptions at any time.
2.4 Reporting Activity

Wiikli will keep periodic track of Clients' wagering activity and will supply reports summarizing this activity. The format, content and frequency of the reports may vary from time to time at our sole discretion.

2.5. Clients Rights

The client reserves the right to question or request clarification of rules, policies and procedures implemented by Wiikli. Questions should be directed to a Profile Management representative either through email or support form. In the event there may be a discrepancy with the grading of a wager or a profile balance, the client may request a report of their wagering activity at any time online.

2.6 No Representation or Guarantee Regarding Profits or Income

The client agrees, understands and acknowledges that Wiikli`s officers, directors, shareholders, employees, and/or accountants have made no representation of any nature whatsoever to the client regarding profits, income, or money which the client may obtain or generate from the Service; and/or from entering into this "Agreement"; and/or from marketing; and/or promoting any version of this Service; and/or from any other matter relating to this "Agreement"; and/or to the subject matter of this "Agreement." Any expression by Wiikli in this regard is an expression of opinion only and the client agrees, understands and acknowledges that they have not been induced to, and/or persuaded thereby to, enter into this "Agreement" and that the Affiliate has entered into the Agreement of their own free will and choice, without any force or duress, and only after thorough, complete, full, and thoughtful investigation and after obtaining independent advice and counsel from their accountant, their attorney, and their financial advisors.

2.7 Know Your Client

Due to the protection of Wiikli, the Customers and the Affiliates are required to be compliant with applicable regulations. Wiikli can at any time, at their own decision, ask the Affiliate to provide a copy of the Affiliate's passport or valid National ID and a copy of a utility bill that is not older than 60 days and shows the address of the Affiliate. This request is called “KYC Request”.

If a KYC Request is sent, the Client/Affiliate will not be able to utilise his profile until the Client/Affiliate has provided acceptable documents to verify his/her identity. Any applicable costs related to the KYC application shall be paid directly by the Client/Affiliate.

2.8 Third Party Sites.

You may be able to access third-party websites or services via the Software, eWallet, Services or Website. We are not responsible for third-party websites, services, or content available through those third-party services. You are solely responsible for your dealings with third-parties (including advertisers and game developers). Your use of third-party software, e-Wallet, websites or services may be subject to that third-party's terms and condition.

3. COMPLIANCE WITH LAWS
3.1 Prohibited States/Countries

You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Competitions (Gaming Laws), and that Gaming Laws may set up by each individual state, country, territory, or jurisdiction. Therefore, we DO NOT offer Cash Competitions to users participating in Competitions in any state or country in which such Competition violates its Gaming Laws (Prohibited Jurisdiction), and if you are in any Prohibited Jurisdiction then you may not participate in Cash Competitions.

3.2 Additional Laws

In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, (together with Gaming Laws, the Applicable Laws). You are solely responsible for your compliance with all Applicable Laws. Access to Competitions may not be legal for some or

all residents of, or persons present in, certain jurisdictions SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your participation in Competitions is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.

3.3 Legal Disclaimers

We make no express or implied warranties or representations with respect to their services. In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.

4 YOUR REPRESENTATIONS AND WARRANTIES TO US

You represent and warrant to us that (a) you have the right, authority, and capacity to agree to these Terms, to register for a client profile, and to participate in those Competitions for which you register; and (b) you will comply with these Terms when participating in Competitions, receiving Services, and/or using Software; and (c) all information you supply to us is complete, accurate and current.

5 YOUR INDEMNIFICATION OF US

You will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorney fees, arising out of or relating to (a) your breach of these Terms; (b) any use of your Profile, the Website, the Software and the Services by any person including yourself; (c) your violation of Applicable Laws; and/or (d) your negligence or misconduct; and, if we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.

6 RESTRICTIONS

Any use, reproduction or redistribution of the Service, Software, or related products or services not expressly authorized by these Terms is expressly prohibited. You may not engage in, or assist others to engage in, conduct that would damage or impair our property including, without limitation: copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us.

7 WINNINGS, PROFILE FUNDS AND PAYMENTS
7.1. Fees

Fees and payments for Product(s) that you purchase, will be paid through one of our selected Payment Service Providers (PSP). Our purchase procedures are detailed in our billing application. If there are Fees charged to your Profile, you agree to pay those Fees. A fee must be pre-paid and are non-refundable. You are fully responsible and liable for all activity in your Profile, whether authorised by you or not. We may change the price of Products at any time, but no price change will affect your past purchases.

7.2 Billing

We may change Fees and billing procedures by updating our billing application with or without notice to you. By providing us with a payment method (a profile with our PSPs), you represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorney fees and other legal fees and costs.

7.3 Product Purchase from PSP

All Product Purchases are being handled through secure API(s) in full cooperation with our third-party Payment Service Providers.

If you play Quiz games integrated in a Competition, then you are a Guest Client with respect to such Competition. However, if you play in a Competition that requires an entry fee (Cash Competition), then you are a Registered Client. Participating in Cash Competitions may, in our sole discretion, require establishing a full Profile. If you are a Registered Client and pay for your Quiz tickets, it is a product purchase through our Payment Service Providers and by submitting this information, you consent to allowing us to share your personal and payment information in confidence with our Payment Service Providers for the purposes of validating your identity. Failure to provide your ID-information at that time may result in our inability to process the pay-out of any winnings.

7.4 Pay-Out of Winnings

If you are a Registered Client, you may request the pay-out of your winnings at any time. Processing of requested funds is made by refund to the payment method (PSP) used to make your initial purchase and may take up to thirty (30) days; provided, however, that we may freeze your Profile and/or delay a request for pay-out of funds pending completion of any investigation of reported or suspected Abuse, verification of eligibility, or to comply with Applicable Laws.

7.5 Closing Profiles; Forfeiture of Funds

If you close your Profile, we will return the winnings in your Registered Profile subject to the general terms. If we unilaterally close or terminate your Profile for cause(s) as allowed in these Terms, any winnings due to you may be forfeited.

7.6 Refund Policy

Unless otherwise required by law, no refunds are given.

7.7 Taxes

We may withhold from your existing Profile balance and/or from future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state, country and other taxes in accordance with all Applicable Laws.

8. PROPRIETARY RIGHTS
8.1. Your Content

Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit, and display any or all communications, materials, content and information that you submit to us, whether directly or through the Website, Services or Software (Content), and waive any moral rights you may have in Content. Subject to these Terms, any communication or material you transmit to us, including any data, questions, comments, suggestions, or the like, will be treated by us as non-confidential and non-proprietary. Subject to these Terms, we may use Content for any purpose, without any compensation, accounting or other liability or obligation.

8.2. Ownership

All content of the Website, the Software, Services, and all Wiikli products and services, and all Wiikli logos, symbols, expansion names and symbols, play level symbols, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein: no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of Services and/or Software does not convey or imply the right to use the Services or Software in combination with any other information or products.

9. TERM AND TERMINATION

The term of this Agreement will begin upon Wiikli written confirmation by email of the creation of your profile. Either Wiikli or the client may terminate this Agreement at any time, with or without cause. For client we follow GDPR rules. Wiikli has the right to terminate the agreement without prior notice if the client breaches any terms or conditions of this agreement.

We may withhold final payment for a reasonable time to ensure that the correct amount is paid to the client.

10. DISCLAIMERS

We strive to keep Services up and running; however, all online services suffer occasional disruptions and outages, we are not responsible or liable for any disruption or loss you may suffer as a result. You should regularly backup content that you store on the Services.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US ARE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES, YOUR PROFILE, SOFTWARE, THE WEBSITE WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRDPARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, OR SYSTEM.

We are not responsible or liable for any damage, loss, or injury resulting from, relating to or arising out of (a) use, access, or attempted use or access of Services, the Software or the Website; (b) downloading any information from the Software, Services or Website; and/or (c) violations of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user. Some states and countries do not allow the disclaimer of implied warranties; as such the foregoing disclaimer may not apply to you in its entirety.

11. LIMITATIONS OF LIABILITY

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total commission fees paid or payable to clients under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, officers, employees or shareholders.

Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages; as such, the limitations and exclusions set forth in this Section may not apply to you.

12. DISPUTE RESOLUTION AND ARBITRATION
12.1. General

This Section applies to any Dispute except for Disputes relating to the enforcement or validity of our intellectual property rights. The term Dispute means any dispute, action, or other controversy between you and us concerning these Terms, the Services or any product, service or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by Mail to Wiikli Customer Support. We will send any Notice of Dispute to you by Mail to your address if we have it, or otherwise to your email address. You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or we may commence arbitration.

12.2. Binding arbitration

If you and we do not resolve any Dispute by informal negotiation or in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrators award.

12.3. Class action waiver

To the maximum extent permitted under applicable law, any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it won't apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

12.4. Arbitration procedure

Any arbitration will be conducted by the International Chamber of Commerce (ICC) under its Commercial Arbitration Rules. You and we each agree to commence arbitration only in London, UK. The arbitration shall be conducted in English and the English version of these Terms (and not any translation) shall control, and both parties hereby agree to accord this arbitration agreement the broadest scope admissible under applicable Laws, and that it shall be interpreted in a non-restrictive manner to satisfy your individual claim. These Terms govern to the extent they conflict with the arbitrator's commercial rules. Each party shall bear its own attorney's fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and ICC; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorney'sâ„¢ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a dispute hereunder, except for purposes of recognition and/or enforcement of the arbitration award or any other decision by the arbitral tribunal.

13. LANGUAGE OF THE TERMS

If we provide a translated version of these Terms, the User Terms of Service, the Developer Terms and Conditions of Service, the Affiliate Program Terms of Service, the Wiikli Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.

14. MISCELLANEOUS

These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. These Terms cannot be modified by you and may only be modified by us as provided above. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Section titles in these Terms are for reference only and have no legal effect. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorney's fees and expenses. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services or Software. You consent to our providing you notifications about the Services or information the law requires us to provide via email to the address that you specified when you created your Profile. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your Profile. These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please send any questions or comments (including all inquiries unrelated to copyright infringement) to: Wiikli Customer Support. Please print these Terms for your records. IN WITNESS WHEREOF, the client expressly agrees to the terms and conditions of this agreement by clicking the "Submit" button on the sign-up page of Wiikli.

Funtoshare Ltd.

35, Strait Street

Valletta VLT 1434

Malta

Registration Number: C 82726