Terms and Conditions

Terms and Conditions

By registering, accessing, or using FItpot, 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 Fitpot.nl. 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 Fitpot.nl 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. These Terms of Use 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 game you will continue to be bound by the terms of that game until that game terminates.
  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 Fitpot.nl, 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 or make any other misrepresentation that affects a game;
      19. play repeatedly for the purpose of being a “professional” competitor;
      20. manipulate the game including colluding among players, wagering on a Fitpot 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. play in more than one game.
      22. Without limiting any of the foregoing, you also agree to abide by our Fitpot Code of Conduct that provides further information regarding the authorized conduct of users on Fitpot.nl.
  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 Fitpot.nl 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 Fitpots.nl 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. This limited license shall permit the User to share his or her User Content through social media, e-mail, or other Internet platforms. 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 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, 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 Fitpot.nl 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.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.
  7. 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 Fitpot.nl, 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 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 Fitpot.nl, 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. Fitpot.nl is not a medical organization. Nothing contained in this Agreement or on the Site should be construed as medical advice. The information offered by Fitpot.nl and its affiliates should not be interpreted as a substitute for physician consultation, evaluation, or treatment. The User acknowledges that Fitpot.nl 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. Fitpot.nl 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. Fitpot.nl does not endorse or recommend any products, services, procedures or opinions that may be mentioned on its site.
    4. Results. We believe our games, when played properly, will help most people to reach their goal including weight loss or maintenance. 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 Fitpot.nl sites. You acknowledge that betting is inherently risky.
    5. Not a game of chance. Fitpot.nl 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.
    6. Fees. Fitpot.nl shall charge fees as set forth on its website for providing its game-related services, which fee may be changed from time to time. These may include direct fees as well as a percentage of money that Users bet on themselves.
    7. Organizers. Fitpot.nl 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.
    8. Hosts. Fitpot.nl games may be hosted by individuals who may or may not be associated with the company. Fitpot.nl 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. Fitpot.nl is under no obligation to fulfill those prizes or incentives.
    9. Disqualifications and Ejections. You may be disqualified for a variety of reasons by your game’s Organizer or Host, including violating Fitpot.nl’s rules, Terms of Use, or for displaying bad sportsmanship in the judgment of your Organizer or Host. If you are disqualified or ejected for any reason, you will not receive a refund. You further acknowledge that your game’s Organizer or Host has the absolute and unappealable right to eject anyone in the game. If you are not comfortable giving the Organizer or Host this power, do not play.
    10. Excessive Weight Loss. You will be automatically disqualified 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.
  8. Reward Points.
    1. Reward Units awards. Game winnings, as determined by the rules of the Fitpot.nl games, shall be awarded to players in Reward Units in accordance with the rules of such games. The amount of points awarded shall be automatically deposited into players’ accounts.
    2. Reward Units redemptions. Unexpired Reward Units may be redeemed in whole or in part in cash (e.g. via PayPal) at any time on the basis of USD $1.00 for each Reward Point and may also be applied at the same value for participation in new games or for any other purposes permitted from time to time by Fitpot.nl, including purchases of products and services offered by Fitpot.nl and its partners. Cash redemptions will be made though PayPal designated by Fitpot.nl. A handling fee may be deducted from all payments made through alternative payment methods.
    3. Expiration of Reward Units. Reward 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 Reward Units in a player’s account.
    4. General. Reward Units are the property of Fitpot.nl 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 Reward Units. They shall have no value except as provided in these rules, and shall under no circumstances have any value after their expiration. Fitpot.nl is not responsible for and will have no liability arising from products and services offered by companies participating in its Reward Units program. Fitpot.nl may, in its discretion, change the Reward Units program rules, awards and special offers, or terminate the program, at any time with or without notice to Reward Units holders.
  9. 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.
  10. 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.
  11. 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.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.
  12. 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.
  13. Communications from Fitpot.nl. By playing a Fitpot.nl game you acknowledge that during the game you will automatically receive certain messages related to the game. 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.

Fitpot.nl’s Anti-Cheating Provisions.

Fitpot.nl expects and requires fairness on the part of its players. To assure compliance with its standards, Fitpot.nl 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, Fitpot.nl may in its complete discretion decline to permit any individuals to participate in its games. By enrolling in one of Fitpot.nl’s games, the player accepts all of Fitpot.nl’s terms and conditions and acknowledges that that the decisions of Fitpot.nl’s officials shall be final and conclusive with respect to all matters involving Fitpot.nl games.

Unlawful or Harmful Content or Conduct.

Although as an online service provider we are not responsible for the conduct of our users, we want Fitpot.nl to be a safe place on the internet. Therefore, in using Fitpot.nl, 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 Fitpot.nl 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
  • use information or content you obtained on the Fitpot.nl website or service in any manner not authorized by the Fitpot.nl Code of Conduct or Terms of Use
  • 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.