ScaleWars.com - A Weight Loss Community With Competitions and Prizes!


ScaleWars Terms of Service

Introduction

Welcome to ScaleWars. This website is owned and operated by ScaleWars. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of Oct 22, 2013.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Eligibility

ScaleWars sites and services are restricted to individuals of legal age of majority as determined in the jurisdiction in which the individual resides. You cannot participate under any circumstances if you are not at least eighteen (18) years of age. Use of ScaleWars services by anyone under the age of 18 is prohibited and will be considered a violation of the Terms of Service. By using the ScaleWars sites and services you warrant and represent that you are 18 years of age or older and that you consent to abide by all of the terms of service included in this Agreement.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. 

Wherein, you understand that:

  1. In order to access our Resources, 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 Resources. You agree that any information you provide will always be accurate, correct, and up to date.

  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

  6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

  7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, 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 website, 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:

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

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

    3. Contains any type of unauthorized or unsolicited advertising;

    4. Impersonates any person or entity, including any ScaleWars employees or representatives.

    We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, 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.

  8. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of ScaleWars, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute 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 Resources. All information provided as part of our registration process is covered by our privacy policy.

  9. You agree to indemnify and hold harmless ScaleWars and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

  10. You warrant and represent that you will not manipulate your weight by engaging in any unhealthy and potentially life-threatening short-term methods of weight loss including, but not limited to, rapid dehydration, binging and purging, starvation, and/or weight loss surgery.

  11. You agree to represent your weight accurately and that you will not engage in competitions repetitively for the sole purpose of becoming a “professional” competitor.

  12. You agree that you will not attempt to manipulate any competition by colluding with other members, wagering on a competition for which you are not a registered member, wagering on a participant other than yourself, or otherwise adversely affecting the natural outcome of any competition.

General Disclaimers

  1. ScaleWars is not a medical organization and none of the products and services offered by ScaleWars should be considered in any way as a substitute for medical advice. It is your sole responsibility to consult with a physician regularly for any medical evaluation and/or treatment.

  2. You acknowledge that ScaleWars has no means of determining any health conditions you may have that could be exacerbated by your participation in any competitions.

  3. While we believe that healthy, friendly competition can enhance one’s weight loss efforts, ScaleWars offers no guarantee that participation in any competition will result in weight loss. By wagering on a competition you acknowledge that only you can control or influence your chances of receiving a monetary reward.

  4. You warrant and represent that:

    1. ScaleWars, competition organizers, or other agents may hold funds wagered in relation to a given competition.

    2. ScaleWars maintains no responsibility for ensuring that these agents perform their duties properly. This includes, but is not limited to, the paying out of competition winners.

    3. The actions taken by organizers and other agents of ScaleWars may be subject to human error. Whether such errors are made in good faith or not, you acknowledge that this is a risk inherent in your participation and you agree to accept any and all rulings as final.

    4. In games wherein the organizer is also a competitor, by participating, you acknowledge that there is a conflict of interest and assume any responsibility for any issues that may potentially arise from this conflict.

    5. Competition organizers may disqualify you from a competition for reasons including, but not limited to, a violation of the competition rules, of ScaleWars' Terms of Service, or the demonstration of poor sportsmanship as determined by the organizer at their sole discretion. No refunds will be given in the event of a disqualification and an organizer’s decision should be considered firm and final.

    6. Competitors will be disqualified automatically for losing more than three times the amount of their target weight. The purpose of this is to ensure the safety and physical wellbeing of participants and to prevent competitors from winning as the result of weight loss procedures such as lap-band surgery and liposuction. Participants that are disqualified due to excessive weight loss will not be entitled to a refund.

    7. Should an organizer become incapable of performing his or her duties, the competition will be closed and any money wagered will be returned to qualifying participants, less any standard fees due to ScaleWars.

  5. ScaleWars reserves the right to e-mail you with any announcements or offers that it feels will be of interest to you so long as you are included in the ScaleWars mailing list. If you do not wish to receive these mailings, you may unsubscribe from the list; however, by doing so you will be unable to receive any special offers and/or announcements delivered by email. Members have the right to exclude themselves from participating in any promotions or contests.

  6. By accepting any prize and/or winnings from ScaleWars, you consent to the use of your name and/or likeness for advertising and promotional purposes without additional compensation except where prohibited by law. Further, you acknowledge and agree that you may be required to attend a public relations event at the direction and expense of ScaleWars, without further compensation to you.

Member Disputes

In using the sites and services provided by ScaleWars you assume sole responsibility for your interactions with fellow members. ScaleWars reserves the right, but maintains no obligation to monitor or otherwise engage in member disputes. In the event that ScaleWars does attempt to resolve a dispute between members its decision shall be considered firm and final.

Term

This Agreement shall be enforced and will remain in full effect for the duration of your term as a registered user. ScaleWars reserves the right to terminate your membership, delete your personal profile (including any content that you have posted on the ScaleWars website), and/or prohibit your access to the website for any reason, with or without notice, in its sole discretion. You may cancel your membership at any time and for reason. However, if you are currently participating in an ongoing competition at that time you will remain bound by the competition rules up until the time that the competition has ended. Note that some sections of this Agreement will remain in effect even after your membership is terminated.

Privacy 

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

  1. the use of our Resources will meet your needs or requirements.

  2. the use of our Resources will be uninterrupted, timely, secure or free from errors.

  3. the information obtained by using our Resources will be accurate or reliable, and

  4. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that: 

  1. any content downloaded or otherwise obtained through the use of our Resources 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.

  2. no information or advice, whether expressed, implied, oral or written, obtained by you from ScaleWars or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. ScaleWars will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on ScaleWars, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of ScaleWars, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by ScaleWars.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by ScaleWars. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, ScaleWars EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: office@scalewars.com.

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