Upcoming Terms Changes
Effective August 1, 2023
Please note: Apple does not sponsor WayBetter in any way. No prizes are provided by Apple.
3. Registration Data; Account Security. You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
4. User Rights and Limitations.
a. The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User's personal, non-commercial use. The User will not use the Site for any other purpose, including any commercial purpose, without the Company's prior written consent. The User represents, warrants, and agrees that no materials of any kind submitted through the User's account or otherwise posted, transmitted, or shared by the User on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. The User also agrees to use the Site in a manner consistent with any and all applicable laws and regulations.
b. The User agrees not to use the Site or to authorize any other person to use the Site to:
i. cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;
ii. harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for any reason outside game play, including sending unsolicited emails or other unsolicited communications;
iii. use the Site in any prohibited or unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
iv. use automated scripts to collect information from or otherwise interact with the Site;
v. upload, post, transmit, share, store, or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racist, or otherwise objectionable, including the weights and other sensitive personal information of players without such players' written permission;
vi. upload, post, transmit, share, store, or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
vii. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
viii. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
ix. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
x. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
xi. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
xii. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
xiii. intimidate or harass other Users;
xiv. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
xv. use or attempt to use another's account, service, or system without authorization from the Company, or create a false identity on the Site;
xvi. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type;
xvii. manipulate your weight in short-term ways that violate our Guidelines for Losing Weight Safely, including engaging in rapid hydration or dehydration, binging, purging, and/or weight-loss surgery; xviii. misrepresent your weight or make any other misrepresentation that affects a game;
xix. play repeatedly for the purpose of being a "professional" competitor;
xx. manipulate the game including colluding among players, wagering on a WayBetter game that you are not competing in, betting on someone other than yourself, betting against a player, or otherwise manipulating the natural course of the game;
xxi. play in more than the allowable number of concurrent games;
xxii. without limiting any of the foregoing, you also agree to abide by our WayBetter Code of Conduct that provides further information regarding the authorized conduct of users on any WayBetter site.
5. Proprietary Rights in Site Content; Limited License.
a. Proprietary Rights. The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the property of WayBetter and its content providers and that the Company and its content providers retain all right, title, and interest in the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without WayBetter's prior written permission, except that the foregoing does not apply to the User Content (as defined below) that the User legally posts on the Site.
6. User Content Posted on the Site.
a. User Responsibility. You are solely responsible for the photos, profiles (including your name, image, avatars, and likenesses), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Site (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason, or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the WayBetter Code of Conduct, might be offensive, illegal, threatening to the safety of users or others, unpleasant, or might violate the rights of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
c. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights (including all intellectual property rights) to and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Intellectual Property.
a. Trademarks. WayBetter, DietBet, DietBetter, The WayBetter Way, WayBetter Today, the Daily Carrot, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, service marks, or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
b. Copyright Protection.
i. You may not post, distribute or reproduce any copyrighted material, trademarks, or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and posted on the Website without your permission or in any other way that constitutes copyright infringement, please review and follow the procedures set forth in our Copyright Policy.
ii. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement or infringement of the Company's intellectual property rights specifically.
8. Third Party Websites and Content.
a. The Site contains (or you may be sent through the Site to) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting of the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
b. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company. Even if we recommend certain products, we are not offering any warrantees about the quality or safety of such products, either explicit or implied.
9. Disputes between Users. You are solely responsible for your interactions with other WayBetter users. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other users. In the event that we do resolve a dispute between or among you and other users, our decision shall be final.
a. Content. The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software, or Content posted on or accessible through the Site, whether posted or caused by users of the Site, by WayBetter, by third parties, or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software, or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.
b. Availability and Data Integrity. The Site may be temporarily down from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications including but not limited to User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the worldwide web and/or in connection with the Site. Under no circumstances shall the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death or to losses of bets on WayBetter, resulting from anyone's use of the Site, any User Content or Third Party Applications, Software or Content posted on or through the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.
c. Viruses and Malware. The Company does not represent or warrant that software, content or materials on the Site, or any Third Party Applications, Software, or Content are accurate, complete, reliable, current, or error-free or that the Site, its servers, or any Third Party Applications, Software or Content are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses.
d. Health Disclaimer. WayBetter is not a medical organization. Nothing contained in this Agreement or on the Site should be construed as medical advice. The information offered by WayBetter and its affiliates should not be interpreted as a substitute for physician consultation, evaluation, or treatment. The User acknowledges that WayBetter has no knowledge of any User's health condition(s) and that User alone is responsible for any actions User takes that may have any health or other risks to User. User shall satisfy himself or herself, including consulting with a physician, before participating in any WayBetter game. WayBetter may from time to time provide advice and comments as to weight loss and other health and wellness issues on its website or through e-mails and other media, including text, graphics, and images. This content is for informational purposes only and is not intended to be a substitute for professional review of your particular situation. WayBetter does not endorse or recommend any products, services, procedures or opinions that may be mentioned on its site.
e. Results. We believe our games, when played properly, will help most people to reach their goal including weight loss or maintenance and optimization of running or walking. The Company cannot guarantee and does not promise any specific results from use of the Site and/or any Third Party Applications, Software, or Content. In no case shall the Company be responsible to you for losing money should you wager on any WayBetter sites. You acknowledge that betting is inherently risky.
f. Not a game of chance. WayBetter games are not games of chance. The intent of the program is to reward participants only for actions over which they have control or influence. The use of this program to reward participants for actions over which they have no control or influence is strictly prohibited.
g. Organizers. WayBetter games may be organized by an individual not associated with the company. These games may be private or open to the public. These Organizers have the right to eject players at their own discretion. Any disputes you have with Organizers must be resolved directly with the Organizer. The Company will not mediate such disputes or take any responsibility for the actions or inactions of game Organizers. h. Hosts. WayBetter games may be hosted by individuals who may or may not be associated with the company. WayBetter is not responsible for any advice or tips they may offer in their games. If Hosts offer specific prizes in their games, they are responsible for delivering those prizes directly to players in the game. WayBetter is under no obligation to fulfill those prizes or incentives.
j. Excessive Weight Loss. You will be automatically disqualified from DietBet games for excessive weight loss. We do this to discourage players from losing what could be an unhealthy amount of weight, and to prevent players from winning by dint of rapid weight-loss procedures such as bariatric surgeries and liposuction. See individual game rules for disqualification thresholds. If you are disqualified for Excessive Weight Loss, you will not be entitled to a refund.
a. Point awards. Game winnings, as determined by the rules of the various WayBetter games, shall be awarded to players in Points in accordance with the rules of such games. The amount of Points awarded shall be automatically deposited into players' accounts.
12b. Point redemptions. Unexpired Points may be redeemed in whole or in part in cash at any time on the basis of an exchange rate set by WayBetter, currently USD $1.00 for each Point but which may change from time to time at WayBetter’s sole discretion, and may also be applied, optionally or exclusively, for participation in new games or for any other purposes permitted from time to time by WayBetter, including purchases of products and services offered by WayBetter and its partners. The exchange rate when applied to the purchases of products and services may change over time and become higher or lower than USD $1.00 per Point.
In an effort to prevent fraud, WayBetter leverages PayPal’s security. As a condition of cash redemption of Points, players must use a PayPal account in the same name as their WayBetter account. Each WayBetter player must have their own PayPal account, in their name, in order to receive a cash redemption of Points. (Currently, setting up a personal PayPal account is free.) Players must submit to WayBetter a legible copy of a valid government-issued identification in the name that matches the name on both their WayBetter and Paypal accounts. WayBetter will solely utilize this identification information for verification purposes and will not store it any longer than is necessary for this purpose.
If a player is in a region where PayPal is unavailable (a list of regions is published and updated from time to time on PayPal’s website), WayBetter will issue redemptions via bank wire or other alternative means, at its discretion, for a wiring handling fee (currently, $30). Players in countries not supported by PayPal must submit to WayBetter a legible copy of a valid government-issued identification in their name which matches the name on their WayBetter account and on the bank account to which they wish to receive the bank wire.
There is no minimum limit to redemptions; however, for redemptions under $50, WayBetter will add a handling fee (currently, $5) to offset the transactional costs associated with small payouts. We encourage (but do not require) players to accumulate their winnings and enjoy free redemptions once they exceed $50.
WayBetter reserves the right to change or waive payout handling fees and processes for certain members and other users, at its discretion.
c. Expiration of Points. Points in a player’s account shall remain in force for a period of one year from the date of the last activity that changes the number of Points in a player’s account.
d. General. Points are the property of WayBetter and not of the players. They cannot be sold or transferred to any other person or entity, including to other players, and cannot be transferred by operation of law, such as by bankruptcy, inheritance, or divorce. Any such purported transfers shall be null and void. Players shall have no vested rights in Points. They shall have no value except as provided in these rules, and shall under no circumstances have any value after their expiration. WayBetter is not responsible for and will have no liability arising from products and services offered by companies participating in its Points program. WayBetter may, in its discretion, change the Points program rules, awards and special offers, exchange rate, or terminate the program, at any time with or without notice to Points holders.
14. Disclaimer of Representations, Etc. THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
15. Limitation on Liability.
a. IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SITE DURING THE TERM OF THIS AGREEMENT AND IN NO CASE WILL EXCEED $1,000. THE COMPANY SHALL BEAR NO LIABILITY FOR ANY AMOUNTS LOST THROUGH A BET MADE ON OR THROUGH THE SITE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
16. Indemnity. You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
18. Mandatory Arbitration and Waiver of Class Actions.
PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES FOR THE USE OF BINDING ARBITRATION TO RESOLVE CERTAIN DISPUTES BETWEEN US AND PROVIDES FOR A WAIVER OF CLASS ACTIONS.
This agreement to arbitrate shall not apply, at the option of the Company, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), and the Company may seek injunctive relief in court to prevent unauthorized use of such rights and shall not be required to arbitrate such dispute.
b. Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
c. No Agency, Etc. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
e. Prohibited Use. Use of the Site where prohibited is void.
REGISTRATION. To fully use the WayBetter Membership Service, you must register by email as a member by providing a password, valid email address and valid credit card information. You must provide complete and accurate registration information to WayBetter and notify us if your information changes.
Auto billing; Subscription Fees; Free Trial Terms. WayBetter membership is a paid, auto-renewing subscription service. If you purchase a subscription by accepting our Free Trial offer, you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. Your subscription, and periodic billing of your account, will continue indefinitely until canceled by you.
Commencement of your membership occurs upon the successful completion of the sign-up process, which may or may not include a Free Trial. If a Free Trial is provided, at its conclusion, automatic billing will be initiated based on the terms specified in your membership agreement (e.g., every 6 months, every month, etc.), unless you opt to cancel. In the absence of a Free Trial, billing will commence immediately upon sign-up. Cancellation requests will become effective at the conclusion of your current billing period. It is important to be aware that if you choose to cancel during a billing period, such as within the first month of a six-month billing cycle, no refunds will be provided for the remaining duration of that billing period.
At certain times, we may offer special promotional offers ("Special Offers") that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period.
These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment.
In all instances, you will continue to be automatically billed monthly after your Free Trial ends (or immediately if there is no Free Trial). The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
Quarterly and Annual Subscriptions.
In certain circumstances, we will offer subscriptions for a longer term (for example, 3 months, 6 months or even a year). These longer-term subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial subscription term you selected (for example, if you initially purchased a 3 month subscription, your subscription will automatically renew for three months; 6 month subscriptions will automatically renew for six months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. You can always cancel before your next renewal term by logging into your account, and following the cancellation instructions below ("How to Cancel").
Charge Authorization When you sign up for our Service and provide a payment method to us, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you periodically for the Service.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
HOW TO CANCEL
If you do not wish for your subscription to renew automatically, or if you want to change or terminate your subscription, email email@example.com with your account email and notice of cancellation, or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription, your subscription will remain active until the end of your then-current subscription period. If you signed up directly in the iOS or Android app (not via our website), you will need to manage your subscription yourself in the App Store or Google Play Store. Subscriptions initiated in the iOS or Android app cannot be cancelled by our customer service team.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE APPLICATION, YOU WILL BE RESPONSIBLE TO PAY ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. TO CANCEL, FOLLOW THE INSTRUCTIONS ABOVE ("HOW TO CANCEL”).
Changes to Membership Program WayBetter may change, modify, add, remove, suspend, cancel or discontinue any aspect of its membership program and subscriptions including the functionality, content, and/or availability of any features of its membership program at any time in WayBetter's sole discretion.
WayBetter may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you do not cancel your subscription, you will be deemed to have accepted the new fees.
WayBetter's Code of Conduct
WayBetter's Anti-Cheating Provisions
WayBetter expects and requires fairness on the part of its players. To assure compliance with its standards, Waybetter reserves the right to require additional audit of results. Some players may be required to submit additional proof of their final submission within 24 hours of being requested to do so. Instructions on the process will be sent to the player upon being notified of this requirement. Non-compliance by a player with these requirements will result in forfeiture of a player's winning proceeds and initial bet. Further, Waybetter may in its complete discretion decline to permit any individuals to participate in its games. By enrolling in one of WayBetter's games, the player accepts all of WayBetter's terms and conditions and acknowledges that the decisions of WayBetter's officials shall be final and conclusive with respect to all matters involving WayBetter games. SUBMISSION OF FRAUDULENT INFORMATION NOT ONLY VIOLATES WAYBETTER'S GAME RULES BUT MAY SUBJECT THE PLAYER TO CRIMINAL PENALTIES.
Waybetter allows you to upload and share user-generated Content with your friends, including photographs and videos you upload from your camera, webcam or mobile phone. This means that you may post and share original photographs and videos of a personal nature that: (i) are of you or others, (ii) are taken by you or others, or (iii) are original art or animation created by you or others. It is not intended as a place for you to post third-party copyrighted content. In addition, we expect our users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using WayBetter, you may not: • upload or share any photographs, videos or other Content other than original works that are created by you or another user • post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party • attempt to circumvent any content filtering techniques we may employ.
While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community like WayBetter. Therefore, you may not post or share Content that: • is obscene, pornographic, or sexually explicit
• depicts graphic or gratuitous violence
• makes threats of any kind or that intimidates, harasses, or bullies anyone
• is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful.
Unlawful or Harmful Content or Conduct
Although as an online service provider we are not responsible for the conduct of our users, we want WayBetter to be a safe place on the internet. Therefore, in using Waybetter, you may not:
• violate any local, state, national, or international law or post any Content that would encourage or provide instructions for a criminal offense
• impersonate any person or entity or otherwise misrepresent yourself, your age, or your affiliation with any person or entity
• use Waybetter to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
• post or share any personally identifiable or private information of any third party
• solicit passwords or personal information from anyone, including those under 18
• post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• register for more than one account; use or attempt to use another's account, service, or system without authorization; or create a false identity on the Service or the Site
• engage in any predatory or stalking conduct or taking any action that harasses or embarrasses other users.
This Code of Conduct is subject to change or termination at any time at WayBetter's sole discretion.