Terms of Service
The following terms & conditions govern all use of the weightgaming.com website and all content, services and products available at or through the website. It should be noted this ToS refers only to weightgaming.com (the “Main Site”) and its content, and does not apply to forums.weightgaming.com or wiki.weightgaming.com which operate under their own ToS.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Weight Gaming, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
1. Your weightgaming.com Account
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Weight Gaming of any unauthorized uses of your account or any other breaches of security. Weight Gaming will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Also, by creating an account you verify you meet the age requirements as defined in the community guidelines, and that lying about your age can result in immediate termination of your account.
2. Minimum Required License for Content
Any content, including but not limited to games, files, assets, ect, distributed through weightgaming.com must be distributed under a license that at least grants the end user a nonexclusive, limited right and license to use a copy of the content for their own personal use. The exception is asset packs or any content made for the intent to be used in creating other content, which must allow commercial as well as non-commercial use.
Any content posted to the site may be licensed under more permissive licenses at the authors discretion, but can not be more restrictive than the above.
It should be noted that since weightgaming.com is only responsible for the distribution of content, each author may grant different licenses for their content (as long as they grant the minimum defined above) and it is the users responsibility to read and understand these licenses.
3. Guarantees of Access
Since weightgaming.com’s primary functionality is to facilitate and handle the distribution of content; we will strive to maintain at least a minimum guarantee of access to the content hosted on this site. The minimum guarantee of access will depend on how the contact was obtained. Below details the minimum level of guaranteed access to content for each type.
A. Purchased Content
This refers to any content that requires a one time payment to access. We guarantee access to all files & content under the authorized branch or branches granted by the purchase. The user will not lose access to these files even if the project is unlisted.
It should be noted that content authors can change what branches the purchase grants access to, but you will retain historical access to all previous files & content that have been created before the change.
You can lose access to purchased content under certain circumstances such as, but not limited to, legal compliance, if required by a DMCA notice, or account termination. We will try to provide notice when able under these situations.
B. Subscriptions
Subscriptions refer to any content for which a periodic fee must be paid to have access. We guarantee access to all files & content under the authorized branch or branches set by the content author for as long as the subscription is active and valid. This includes if the content is unlisted after publishing.
Once the subscription lapses all access to the content that was granted will be immediately revoked without notice. The content authors also can revoke or restrict access at any time by canceling subscriptions, changing accessible branches, ect.
Access may also be lost to comply with legal requirements, a DMCA notice, account termination, ect.
C. Free Content
Content distributed freely has no guarantees of access and can be removed at any time due to our or the author’s discretion.
4. Purchases & Refunds
weightgaming.com is purely for the distribution of content and we do not handle sales of content directly. As such we can not and are not authorized to provide or issue refunds for any purchases made through the site, with the exception of any content for which Weight Gaming is the author of. All refunds of purchases or subscriptions must be handled by the author of that content and thus they should be contacted directly if you are seeking one.
5. User Data & Privacy
We want to do our best to respect our users' data and privacy. As such we will never sell your user information to any 3rd parties. We do reserve the right to share user information with 3rd parties as needed; mainly for, but not limited to, the use cases of site analytics, logging, or diagnostics. We also reserve the right to share and discuss aggregate data (view counts, downloads, ect) with 3rd parties or publicly as we see fit as long as that data can not be linked back to or used to identify any one specific user.
We also recognize and support a user's right to be forgotten and when requested will be happy to scrub our systems of any identifiable information to the best of our abilities. Please keep in mind that some information may not be able to be fully removed due to technical constraints or if it could compromise our guarantees for accessing content as outlined above.
6. Changes
Weight Gaming reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Weight Gaming may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination
Weight Gaming may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your weightgaming.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties
The Website is provided “as is”. Weight Gaming and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Weight Gaming nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability
In no event will Weight Gaming, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Weight Gaming under this agreement during the twelve (12) month period prior to the cause of action. Weight Gaming shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Weight Gaming Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification
You agree to indemnify and hold harmless Weight Gaming, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
