Origination Date: June 1, 2007
1. ACCEPTANCE OF TERMS
Spread Trends provides its services to you subject
to the following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. You can review the most current version
of the TOS at any time at http://www.spreadtrends.com/UsageTerms.aspx
2. DESCRIPTION OF SERVICE
Spread Trends provides users with access to a collection of resources including
sports-related information, editorial content, ratings, rankings, and predictions
(the "Service"). All parts of the Service are free to use at this time.
All data and information included as part of the Service
is produced for entertainment purposes only and is not intended to be used
in direct or indirect violation of local, state, federal or international law(s).
You understand and agree that the Service may include advertisements and that
these advertisements are necessary for Spread Trends to provide the Service.
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that Spread
Trends assumes no responsibility for the timeliness, deletion, accuracy,
or mis-delivery of the Service. You understand that Spread Trends will make
reasonable efforts to ensure the quality and reliability of service accessibility,
but that Spread Trends makes no express guarantees regarding the availability
of the Service. You are responsible for obtaining access to the Service and
that access may involve third party fees such as Internet service provider
or airtime charges. You are responsible for those fees, including any related
fees associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to access
the Service.
3. NO SALE OF SERVICE OR SERVICE INFORMATION
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service, use of the Service,
access to the Service, or information provided to you as part of the Service.
This agreement includes, but is not limited to, rebroadcasting, reproducing,
or retransmitting -- either in print, via email, or electronically via the
Internet (including postings on other Internet sites, newsgroups, message boards,
and forums) -- any information included as part of the Service and/or its related
newsletters. Violations of these terms are taken extremely seriously by
Spread Trends and violators will be prosecuted aggressively.
4. Spread Trends PRIVACY POLICY
Any usage information and certain other information about you are
subject to our Privacy Policy. For more information, see our full privacy policy
at http://www.spreadtrends.com/PrivacyPolicy.aspx .
You understand that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including
the transfer of this information to the United States and/or other countries
for storage, processing and use by Spread Trends and its affiliates and partners.
5. USE OF SERVICE AND ACCOUNT INFORMATION
All users of the Service must be the older of 18 years of age or the legal
age of majority; minors are prohibited. You agree that you meet this minimum
age requirement.
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content") available as part
of the Service is the exclusive property of Spread Trends and/or its partners
and advertisers. You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable.
Spread Trends will make reasonable efforts to ensure that any Content provided
as part of the Service is accurate, but under no circumstances will Spread Trends
be liable in any way for any inaccuracies, errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available to you via
the Service.
You understand that the
technical processing and transmission of the Service may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected,
and use of these materials is subject to usage rules set by Spread Trends and/or
content providers who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public exhibition
of the materials provided as part of the Service, in whole or in part, is strictly
prohibited.
6. INDEMNITY
You agree to indemnify and hold Spread Trends, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content made available through the Service,
your use of the Service, your connection to the Service, your violation of
the TOS, or your violation of any rights of another.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Spread Trends may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that certain information or other Content will be included in the Service.
You further acknowledge that Spread Trends reserves the right to modify these
general practices and limits at any time.
8. MODIFICATIONS TO SERVICE
Spread Trends reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. Beyond being entitled to a prorated refund of any fees
previously paid by you for access to a fee-based part the Service that is no
longer delivered by Spread Trends, you agree that Spread Trends shall not be
liable to you or to any third party for any modification, suspension or discontinuance
of the Service.
9. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Spread Trends shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
10. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Spread Trends has no control over such
sites and resources, you acknowledge and agree that Spread Trends is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising, products, or
other materials on or available from such sites or resources. You further acknowledge
and agree that Spread Trends shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services available
on or through any such site or resource.
11. PROPRIETARY RIGHTS OF Spread Trends
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Spread Trends or its advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
Spread Trends grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by Spread Trends for use in accessing
the Service.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. Spread Trends EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b. Spread Trends MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Spread Trends OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING
THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF
YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND
CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE
USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS
OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Spread Trends SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL GAMBLING OR WAGERING LOSSES,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF Spread Trends HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY
TO YOU.
15. SPECIAL ADMONITION RELATING TO SPORTS GAMBLING AND WAGERING
If you intend to use any information or Content from the Service for any purpose
related to gambling or wagering money (or other items of value) on sports games
or related entertainment services such as fantasy sports leagues, please read
the above Sections 12 and 13 again. They go doubly for you. The Service is
provided for informational purposes only, and no Content included in the Service
is expressly intended for gambling or wagering purposes. By agreeing to the
TOS, you acknowledge that rankings, ratings, predictions, and other information
provided by Spread Trends and the Service are not and will never be 100% accurate,
and that you fully understand the risks and significant potential for extreme
personal loss that may result from basing gambling or wagering decisions on
information included as part of the Service. Regarding predictions especially,
you acknowledge that any information provided by the Service shall in no way
be construed as a recommendation or suggestion on the part of Spread Trends
to gamble or wager. Spread Trends and its licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any information transmitted
or made available via the Service, and shall not be responsible or liable for
the outcome of any gambling or wagering decision made on the basis of such
information.
16. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there
shall be no third party beneficiaries to this Agreement.
17. NOTICE
From time to time, Spread Trends may provide you with notices, including those
regarding changes to the TOS, by either email, regular mail, or postings on
the Service.
18. TRADEMARK INFORMATION
Without the prior permission of Spread Trends, you agree not to display or
use in any manner any trademarks or service marks owned by Spread Trends. You
also agree not to copy, reproduce, or display the Spread Trends logo image
without the express consent of Spread Trends.
19. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and
Spread Trends and govern your use of the Service, superseding any prior agreements
between you and Spread Trends with respect to the Service. You also may be
subject to additional terms and conditions that may apply when you use or purchase
certain other Spread Trends services, affiliate services, third-party content
or third-party software.
Waiver and Severability of Terms. The failure of Spread Trends to exercise
or enforce any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS remain in full force
and effect.
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section titles in the TOS
are for convenience only and have no legal or contractual effect.
NFL Logos. Any and all NFL logos, team logos and division logos are the property
of the National Football League and their respective teams. Any use herein is solely
for the purpose of showing that picks available at this site are in contests involving
National Football League teams (specifically the teams scheduled to play in a
picked matchup).
20. VIOLATIONS AND QUESTIONS
Please report any violations of the TOS or questions about the TOS to us by
emailing support@spreadtrends.com.