Terms of Use

Terms of Use, Code of Conduct, and Guidelines for Losing Weight Safely

Terms of Use

Date of Last Revision: February 27, 2012

Thank you for using DietBet, a weight-loss service that allows individuals to enter into weight-loss games and bet on their ability to reach their weight targets. The DietBet websites and related services are operated by DietBet, Inc. (hereafter, "us", "we", "DietBet" or the "Company"). By registering, accessing, or using DietBet's websites (including but not limited to www.dietbetter.com), any mobile version thereof, or any software system designed to support or permit interaction with the website or its functionality over a network (together the "Site"), you (the "User") signify that you have read, understand, and agreed to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of DietBet. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice, provided that DietBet will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review said changes.

Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions and a dispute resolution clause that governs how disputes will be resolved.

  1. Eligibility. Use of the Site is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement.
  2. Term. This Agreement will remain in full force and effect while you use the Site and/or are a registered member. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason , or no reason, at any time at in its sole discretion, with or without notice, including if it believes that you are under 18. You may terminate your membership at any time for any reason provided that if you are in an ongoing DietBet game you will continue to be bound by the terms of that game until that game terminates. Even after your membership is terminated, certain sections of this Agreement will remain in effect; see Section 13.f below for a list of the provisions of this Agreement that will survive the termination of your membership.
  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 Conduct.
    1. 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.
    2. The User agrees not to use the Site or to authorize any other person to use the Site to:
      1. 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;
      2. 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;
      3. use the Site in any prohibited or unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
      4. use automated scripts to collect information from or otherwise interact with the Site;
      5. 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;
      6. 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;
      7. 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;
      8. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
      9. 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;
      10. 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;
      11. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
      12. 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;
      13. intimidate or harass other Users ;
      14. 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;
      15. use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Site;
      16. 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;
      17. 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;
      18. misrepresent your weight;
      19. play repeatedly for the purpose of being a "professional" competitor;
      20. manipulating the game including colluding among players, wagering on a DietBet 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.
      21. Without limiting any of the foregoing, you also agree to abide by our DietBet Code of Conduct that provides further information regarding the authorized conduct of users on DietBet.
  5. Proprietary Rights in Site Content; Limited License.
    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 DietBet 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 DietBet'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.
    1. Limited License. Provided that the User is eligible to use the Site, the User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademark, service mark, or other proprietary notices intact. Except for User Content, you may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate any Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited. The license granted by this Terms of Use does not permit the use of any data mining, robots, spiders, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.
  6. User Content Posted on the Site.
    User Responsibility. You are solely responsible for the photos, profiles (including your name, image, and likeness), 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 DietBet Code of Conduct, might be offensive, illegal, threatening to the safety of users or others, 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.
    1. License. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, provided that the Company may not use User Content in violation of the Privacy Policy. Aside from the license granted herein, Users retain all rights to their User Content, including the right to remove User Content at any time. If a User removes his or her User Content, then the license granted herein shall automatically expire, provided that the Company may retain archived copies of such information.
    2. 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.
    Trademarks. DietBet, 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.
    1. Copyright Protection.
      1. 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.
      2. 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.
    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.
    1. 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. You should do your own independent research, particularly when it comes to food-related products.
  9. Disputes between Users. You are solely responsible for your interactions with other DietBet users. We reserve the right, but have no obligation, to monitor 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.
  10. Disclaimers.
    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 DietBet, 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.
    1. 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 will 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 wagers on DietBets, 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.
    2. 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.
    3. Health Disclaimer. DietBet is not a medical organization. Nothing contained in this Agreement or on the Site should be construed as medical advice. The information offered by DietBet and its affiliates should not be interpreted as a substitute for physician consultation, evaluation, or treatment. The User acknowledges that DietBet 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.
    4. Results. We believe our game, when played properly, will help most people to lose weight. In some cases, we offer money-back guarantees if certain results are not obtained. In those cases, users may be entitled to receive a refund of their initial bet. However, beyond such money-back guarantees or assurances to the contrary, 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 a DietBet. You acknowledge that wagering on a DietBet is inherently risky.
    5. Not a game of chance. DietBet is not a game 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.
    6. Managing the Pot. You acknowledge that DietBet, Organizers, or other agents may be charged with holding money wagered in relation to a DietBet game. The Company shall not be responsible for enforcing that such agents perform their role properly, including paying out winners properly.
    7. Organizers. You acknowledge that Organizers of DietBets are subject to human error, just as with referees in other games (indeed, even more, as DietBet Organizers are generally not trained for these roles). Organizers may discharge their responsibilities improperly and make mistakes (in good faith or not). You acknowledge that this is an inherent risk of playing DietBet and agree to accept their rulings as final. This specifically includes making what you may believe are incorrect judgments, decisions to eject players, errors in recordkeeping, or other actions that may directly or indirectly affect the outcome of your DietBet as well as your wager on such DietBet. Any disputes you have with Organizers, including ones we supply into these roles, must be resolved directly with the Organizer. The Company will not mediate such disputes or take any responsibility for the actions or inactions of DietBet Organizers.
    8. Conflict of Interest. In some games, the Organizer is both Organizer and competitor. This presents a conflict of interest. If you agree to play in a game where the Organizer is also competing, you accept full responsibility for any problems arising therefrom.
    9. Disqualifications and Ejections. You may be disqualified for a variety of reasons by your game's Organizer, including violating DietBet's rules, Terms of Use, or for displaying bad sportsmanship in the judgment of your Organizer. If you are disqualified or ejected for any reason, you will not receive a refund. You further acknowledge that your game's Organizer has the absolute and unappealable right to eject anyone in the game. If you are not comfortable giving the Organizer this power, do not play.
    10. Excessive Weight Loss. You will be automatically disqualified for losing more than thrice the amount of weight your goal dictates. DietBet automatically disqualifies any player who, by the final weigh-in, has lost more than thrice their target weight loss amount. We do this to ensure that players do not lose a potentially unhealthy amount of weight during the game and to prevent players from winning by dint of weight-loss procedures such as bariatric surgeries and liposuction. If you are disqualified for Excessive Weight Loss, you will not be entitled to a refund.
    11. Organizer's Responsibilities. All problems, disputes, and extraordinary circumstances are the responsibility of your game's Organizer to resolve. DietBet has no responsibility or obligation to resolve issues that arise, including extraordinary circumstances.
    12. Death of Organizer. If your Organizer dies or is otherwise incapable of performing his or her Organizer duties, the game will be considered a draw and money returned to all players who have not been previously disqualified or ejected, less any standard fees that DietBet may collect for managing your pot.
  11. Reservation of Rights. The Company reserves the right, solely in its discretion, to
    change any and all content, software and other items used or contained in the Site at any time without notice;
    1. modify and/or discontinue the Site at any time without notice; and
    2. terminate your username, password and account, should you be in violation of the Terms of Use.
  12. 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.
  13. Limitation on Liability.
    1. 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.
    2. 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.
  14. 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.
  15. Communications from DietBet. By playing DietBet you acknowledge that during the game you will automatically receive certain messages. This includes our Daily Carrot newsletter with tips and entertaining suggestions on how to win your DietBet; coaching and reminders to motivate and congratulate you (including some that may be sent to your phone); messages from your game's Organizer, such as the time and location of weigh-ins; comments you or other players post on your game's message board; system messages such as payment receipts and password resets that you request; and general communications from us that may include specials, local events, and updates. We default to opt-out because we believe these game-related messages are fundamental to the experience of playing. You may control your notifications preferences from our site and opt-out or (or opt back into) messaging at any time. Please see our Privacy Policy for how we protect the private data that you entrust to us.
  16. Miscellaneous.
    Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in Delaware.
    1. Arbitration. You and the Company agree that all disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by binding arbitration in Delaware in accordance with the Consumer Procedures and Rules of the American Arbitration Association.
    2. Privacy. Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.
    3. 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.
    4. No Agency. 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.
    5. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights in Site Content), Section 9 (Member Disputes), Section 10 (Disclaimers), Section 11 (Limitation on Liability), Section 12 (Indemnity), and this Section 13 (Miscellaneous).
    6. Entire Agreement. These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site.
    7. ther. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be held invalid or deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provision.

DietBet's Code of Conduct.

It's tempting in a competition to intimidate your rivals. We heartily encourage good-natured ribbing in the spirit of friendly competition but we also intend for DietBet to be a place where people respect the rights and feelings of others, including third party intellectual property rights. Therefore, we have established certain rules for using DietBet and for posting messages, photos, video and other content ("Content") on DietBet, which rules are set forth in the Terms of Use and in this Code of Conduct.

WHEN YOU PLAY DIETBET, YOU ARE AGREEING TO ABIDE BY THE CODE OF CONDUCT AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE. FAILURE TO ADHERE TO THIS CODE OF CONDUCT AND THE TERMS OF USE MAY RESULT, AMONG OTHER THINGS, IN TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT THAT YOU HAVE POSTED ON DIETBET, WITH OR WITHOUT NOTICE, AS DETERMINED BY DIETBET IN ITS SOLE DISCRETION. Please refer to our Terms of Use for more information about the rules applicable to your use of DietBet and the other rights and remedies of DietBet.

DietBet's Anti-Cheating Provisions.

DietBet expects and requires fairness on the part of its players. To assure compliance with its standards, DietBet reserves the right to require additional post-game audit of results. As part of this audit program, some winning players may be required to submit additional proof of their final weight within 24 hours of being requested to do so. Such testing must show the player's weight to be within 1% of the winning player's previously submitted weight to confirm the player's win. This testing may be accomplished through a Skype weigh-in session with a DietBet official, a video weigh-in, or a live weigh-in supervised and certified by authorized personnel at a weigh-in location pre-approved by DietBet. 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, DietBet may in its complete discretion decline to permit any individuals to participate in its games. By enrolling in one of DietBet's games, the player accepts all of DietBet's terms and conditions and acknowledges that that the decisions of DietBet's officials shall be final and conclusive with respect to all matters involving DietBet weight loss games.

SUBMISSION OF FRAUDULENT WEIGHT INFORMATION NOT ONLY VIOLATES DIETBET'S GAME RULES BUT MAY SUBJECT THE PLAYER TO CRIMINAL PENALTIES.

Third-Party Content.

DietBet allows you to upload and share user generated Content with your friends, such as 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 DietBet, you may not:

  1. upload or share any photographs, videos or other Content other than original works that are created by you or another user
  2. post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party
  3. attempt to circumvent any content filtering techniques we may employ

Inappropriate Content.

  1. 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 DietBet. Therefore, you may not post or share Content that:
  2. is obscene, pornographic, or sexually explicit
  3. depicts graphic or gratuitous violence
  4. makes threats of any kind or that intimidates, harasses, or bullies anyone
  5. 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 DietBet to be a safe place on the internet. Therefore, in using DietBet, you may not:

  1. violate any local, state, national or international law or post any Content that would encourage or provide instructions for a criminal offense
  2. impersonate any person or entity or otherwise misrepresent yourself, your age, or your affiliation with any person or entity
  3. use DietBet 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
  4. post or share any personally identifiable or private information of any third party
  5. solicit passwords or personal information from anyone, including those under 18
  6. use information or content you obtained on the DietBet website or service in any manner not authorized by the DietBet Code of Conduct or Terms of Use
  7. 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
  8. 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
  9. engage in any predatory or stalking conduct

This Code of Conduct is subject to change at any time at DietBet's sole discretion.

DietBet's Guidelines for Losing Weight Safely.

DietBet is intended to give you a motivational boost, but it does not serve as a weight-loss or fitness program. We aim to make it fun to lose weight but since we don't know you personally (and even if we did) we are pretty agnostic as to how you should go about accomplishing your weight loss goals. Everyone's different and so we can't advise you properly on how to lose weight. In fact, we suggest developing a customized plan just for you with a registered dietician, nutritionist, trainer, or doctor. Note that we may recommend certain approaches and products from time to time on our site and in our emails but you should consult a professional before acting on our advice.

Although we leave it to you on how to win your DietBet, we will tell you how not to. As tempting as it may be to engage in short-term tactics to win, we discourage such practices, not only because it's unsportsmanlike and your friends will resent you for it, but because it may be unhealthy and even dangerous. Plus, it won't help you get what we all really care about: a sustainably healthy lifestyle over the long run.

Don't forget that the point of the game is to improve your health. Sweating out five pounds of water weight like a college wrestler is not going to help you over the long run and you may even end up getting renal problems along the way. Don't do dumb things just to win your DietBet.

Besides, if you're caught engaging in the following practices, you'll be disqualified:

    1. Binging
    2. Purging
    3. Excessive fasting
    4. Hydration or dehydration for the sole purpose of manipulating your weight
    5. Undergoing any kind of bariatric surgery, liposuction, or other weight-loss procedures

    Assessing such practices may entail subjectivity. That's Organizers' job. Organizers are expected to use their judgment when ruling on ejections. The other players can disqualify a competitor for engaging in forbidden practices by dint of a unanimous vote. You don't get your money back if you're ejected .

    As you know, the best way to reach a healthy weight is to follow a sensible eating plan and engage in regular physical activity. Weight loss programs should encourage healthy behaviors that you can maintain over time. Here are some wise guidelines from the US Department of Health and Human Services:

    Safe and effective weight loss programs should include:

  1. Healthy eating plans that reduce calories but do not rule out specific foods or food groups
  2. Regular physical activity and/or exercise instruction
  3. Tips on healthy behavior changes that also consider your cultural needs
  4. Slow and steady weight loss of 1–2 pounds per week and not more than 3 pounds per week. (Weight loss may be faster at the start of a program.)
  5. Medical care if you are planning to lose weight by following a special formula diet, such as a very low-calorie diet
  6. A plan to keep the weight off after you have lost it

Furthermore, if you decide to join or engage in a weight loss program, here are some questions to ask before you join.

Is the diet safe?
The eating plan should be low in calories but still provide all the nutrients needed to stay healthy, including vitamins and minerals.

Does the program provide counseling to help you change your eating, activity, and personal habits?
The program should teach you how to permanently change those eating habits and lifestyle factors, such as lack of physical activity, that contributed to your weight gain.

Is the staff made up of a variety of qualified counselors and health professionals such as nutritionists, registered dietitians, doctors, nurses, psychologists, and exercise physiologists?
You need to be evaluated by a physician if you have any health problems, are currently taking any medicine, or plan to lose more than 15–20 pounds. If your weight control plan uses a very low-calorie diet (a special liquid formula that replaces all food for 1–4 months), an exam and follow-up visits by a doctor are also needed.

Is training available on how to deal with times when you may feel stressed and slip back to old habits?
The program should provide long-term strategies to deal with weight problems you may have in the future. These strategies might include things like setting up a support system and establishing a physical activity routine.

Is attention paid to keeping the weight off? How long is this phase?
Choose a program that teaches skills and techniques to make permanent changes in eating habits and levels of physical activity to prevent weight gain.

Are food choices flexible and suitable? Are weight goals set by the client and the health professional?
The program should consider your food likes and dislikes and your lifestyle when your weight loss goals are planned.

There are other questions you can ask about how well a program works. Because many programs don't gather this information, you may not get satisfying answers. But it's still important to ask them the following:

    1. What percentage of people complete the program?
    2. What is the average weight loss among people who finish the program?
    3. What percentage of people maintain their weight loss after 1, 2, and even 5 years?
    4. What percentage of people have problems or side effects? What are they?
    5. Are there fees or costs for additional items such as dietary supplements?

    Remember, quick weight loss methods aren't sufficient to achieve lasting results. Weight loss methods that rely on diet aids like drinks, prepackaged foods, or diet pills don't work in the long run. Although a DietBet may be a catalyst for changing your habits, the most important changes are long term. No matter how much weight you have to lose, modest goals and a slow course will increase your chances of both losing the weight and keeping it off.

    We want to thank the U.S. Department of Health and Human Services for these tips.

DietBet on the go!

Comment on activities, upload your weigh-ins,
share photos and ideas with friends.
Download Now