Welcome to You’ve Been Gamed!
You’ve Been Gamed enables people to connect with each other, build communities, and reach their health and fitness goals. These Terms govern your use of You’ve Been Gamed, and the other products, features, apps, services, technologies, and software we offer (the You’ve Been Gamed Products or Products), except where we expressly state that separate terms (and not these) apply.
1. The services we provide
Our mission is to give people the power to build a positive community and reach their health and fitness goals. To help advance this mission, we provide the Products and services described below to you:
Provide a personalised experience for you:
Your experience on You’ve Been Gamed is unlike anyone else’s: from the posts, stories, and other content you see in News Feed to the Groups you follow and other features you might use, such as Discussions, Documents, and Athlete Logs. We use the data we have – for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products – to personalise your experience.
Connect you with people and organisations you care about:
We help you find and connect with people, groups, and others that matter to you across the You’ve Been Gamed Products you use. We use the data we have to make suggestions for you and others – for example, groups to join, Groups to follow or send a message to, videos to watch, and people you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and topics they care about.
Empower you to express yourself and communicate about what matters to you:
There are many ways to express yourself on You’ve Been Gamed and to communicate with friends, family, and others about what matters to you – for example, sharing status updates, photos, videos, and stories across the You’ve Been Gamed Products you use, sending messages to a friend or several people, creating discussions or groups, or adding content to your profile. We have also developed, and continue to explore, new ways for people to use technology, such as video and audio to create and share more expressive and engaging content on You’ve Been Gamed.
Help you discover content, products, and services that may interest you:
We may show you options to help you discover content, products, and services that are offered by our businesses partners.
Combat harmful conduct and protect and support our community:
People will only build a community on You’ve Been Gamed if they feel safe. We are dedicated to detecting misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement.
Use and develop advanced technologies to provide safe and functional services for everyone:
We use and develop our Products so that people can use our Products safely regardless of physical ability or geographic location. For example, technology to help people who have visual impairments understand what or who is in photos or videos shared on You’ve Been Gamed.
Research ways to make our services better:
Provide consistent and seamless experiences across the You’ve Been Gamed Products:
Our Products help you find and connect with people, groups, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different You’ve Been Gamed Products that you use. For example, we aim to deliver a consistent experience whether you access You’ve Been Gamed on a desktop, mobile device or native application.
2. How our services are funded
Our membership system may show you ads that business pay us to promote on and off the You’ve Been Gamed Products. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you.
Protecting people’s privacy is central to how we’ve designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don’t sell your personal data. We allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads (for example, people between the age of 18-35 who like nutrition). We then show their ad to people who might be interested.
We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off You’ve Been Gamed. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in London and likes weight lifting) to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission.
3. Your commitments to You’ve Been Gamed and our community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
1. Who can use You’ve Been Gamed
When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
– Use the same name that you use in everyday life.
– Provide accurate information about yourself.
– Create only one account (your own) and use your timeline for personal purposes.
– Not share your password, give access to your You’ve Been Gamed account to others, or transfer your account to anyone else (without our permission).
We try to make You’ve Been Gamed broadly available to everyone, but you cannot use You’ve Been Gamed if:
– You are under 18 years old.
– You are a convicted sex offender.
– We’ve previously disabled your account for breaches of our Terms or Policies.
– You are prohibited from receiving our products, services, or software under applicable laws.
2. What you can share and do on You’ve Been Gamed
We want people to use You’ve Been Gamed to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
You may not use our Products to do or share anything:
– That breaches these Terms, our Community Standards, and other terms and policies that apply to your use of You’ve Been Gamed.
– That is unlawful, misleading, discriminatory or fraudulent.
– That infringes or breaches someone else’s rights, including their intellectual property rights.
– You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
– You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove or block content that is in breach of these provisions.
If we remove content that you have shared for violation of our Community Standards we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
To help support our community, we encourage you to report content or conduct that you believe breaches your rights (including intellectual property rights) or our terms and policies.
3. The permissions you give us
We need certain permissions from you to provide our services:
Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on You’ve Been Gamed and the other You’ve Been Gamed Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.
Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on You’ve Been Gamed, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other You’ve Been Gamed Products you use. This license will end when your content is deleted from our systems.
You can delete content individually or all at once by deleting your account. You can download a copy of your data at any time before deleting your account.
When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where:
– immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
– your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
– where immediate deletion would restrict our ability to:
– investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
– comply with a legal obligation, such as the preservation of evidence; or
– comply with a request of a judicial or administrative authority, law enforcement or a government agency;
– in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
In each of the above cases, this license will continue until the content has been fully deleted.
Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on You’ve Been Gamed next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised product or have liked a Post created by a brand that has paid us to display its ads on You’ve Been Gamed. Ads like this can be seen only by people who have your permission to see the actions you’ve taken on You’ve Been Gamed.
Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on You’ve Been Gamed), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
4. Additional provisions
1. Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make any changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests.
We will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the You’ve Been Gamed community, you can delete your account at any time.
2. Account suspension or termination
We want You’ve Been Gamed to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
You can learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3.3.1, 4.2-4.5.
3. Limits on liability
Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights.
We will exercise professional diligence in providing our Products and services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply.
If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the You’ve Been Gamed Products (“claim”), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the United Kingdom and that UK law will govern these Terms and any claim, without regard to conflict of law provisions.
These Terms make up the entire agreement between you and You’ve Been Gamed regarding your use of our Products. They supersede any prior agreements.
Some of the Products we offer are also governed by supplemental terms. If you use any of these Products, you will be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or post for your business, you must agree to our Commercial Terms. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
You may designate a person (called a legacy contact) to manage your account if it is memorialised. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialised.
These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life). We will inform you in advance if we have to do this and explain why.
We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
Date of Last Revision: June 27, 2020