Origination Date: June 1, 2007
SpreadTrends provides its services to you subject to the following Terms of Service (”TOS”). SpreadTrends reviews these TOS on an annual basis and may update or amend them at any time. The date these TOS were last updated is identified at the top of this page. You are responsible for periodically visiting the SpreadTrends website and these TOS to check for any changes.
SpreadTrends provides users with access to a collection of resources including sports-related information, editorial content, statistics, rankings, and predictions (the “Service”). All data and information included as part of the Service is produced for informational 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 SpreadTrends 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 SpreadTrends assumes no responsibility for the timeliness, deletion, accuracy, or mis-delivery of the Service. You understand that SpreadTrends will make reasonable efforts to ensure the quality and reliability of service accessibility, but that SpreadTrends 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.
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.
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 SpreadTrends 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. SpreadTrends will make reasonable efforts to ensure that any Content provided as part of the Service is accurate, but under no circumstances will SpreadTrends 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 SpreadTrends 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.
You agree to indemnify and hold SpreadTrends, 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.
You acknowledge that SpreadTrends 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 SpreadTrends reserves the right to modify these general practices and limits at any time.
SpreadTrends 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 SpreadTrends, you agree that SpreadTrends shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
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 SpreadTrends 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.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SpreadTrends has no control over such sites and resources, you acknowledge and agree that SpreadTrends 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 SpreadTrends 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.
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 SpreadTrends 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. SpreadTrends 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 SpreadTrends for use in accessing the Service.
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. SPREADTRENDS 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. SPREADTRENDS 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 SPREADTRENDS 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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPREADTRENDS 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 SPREADTRENDS 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.
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.
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. They go doubly for you. You must be at least 21 to play on online sportsbooks and it is your responsibility to ensure that gambling is legal in your jurisdiction and SpreadTrends does not condone illegal or underage gambling. 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, statistics, predictions, and other information provided by SpreadTrends 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 SpreadTrends to gamble or wager. SpreadTrends 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. If you or someone you know has a gambling problem, crisis counseling and referral services can be accessed by calling 1-800-GAMBLER.