Terms of Use

Use of SpreadKnowledge.com Generally

To use SpreadKnowledge.com, a User shall complete the registration form, which requires, at a minimum, the User’s name and email address. User shall be more than eighteen (18) years of age. A person shall only register for one User account.
Spread Knowledge grants User a personal, non-exclusive, non-transferable, limited privilege to enter and use SpreadKnowledge.com.

Content

All lines, odds, pick percentages, pick strategies, picks, data sheets, information, articles, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, computer code and similar materials (collectively, “Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on SpreadKnowledge.com is owned, controlled or licensed by or to Spread Knowledge, and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.
User may download certain Content available on SpreadKnowledge.com to a single personal computing device for User’s personal, non-commercial informational purpose. User shall not distribute, modify, republish or display any of the Content unless User has the prior written consent of Spread Knowledge, which consent may be withheld at Spread Knowledge’s sole discretion.

User represents and warrants that User exclusively owns any content User posts to SpreadKnowledge.com (“User Content”). To the extent any User Content is covered by intellectual property rights, like photos, User specifically grants Spread Knowledge a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Content on or in connection with SpreadKnowledge.com.

Prohibited Uses of SpreadKnowledge.com

User shall not use any “deep-link,” “page-scrape,” “robot,” “web crawler,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of SpreadKnowledge.com or any Content, or in any way reproduce or circumvent the navigational structure or presentation of SpreadKnowledge.com or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through SpreadKnowledge.com.
User shall not attempt to gain unauthorized access to any portion or feature of SpreadKnowledge.com, or any other systems or networks connected to SpreadKnowledge.com or to any Spread Knowledge server, or to any of the services offered on or through SpreadKnowledge.com, by hacking, password “mining” or any other illegitimate means.
User shall not probe, scan or test the vulnerability of SpreadKnowledge.com or any network connected to SpreadKnowledge.com, nor breach the security or authentication measures on SpreadKnowledge.com or any network connected to SpreadKnowledge.com. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to SpreadKnowledge.com, or any other customer of Spread Knowledge, including any Spread Knowledge account not owned by User, to its source, or exploit SpreadKnowledge.com or any service or information made available or offered by or through SpreadKnowledge.com, in any way where the purpose is to reveal any information, including, but not limited to, personal identification or information, other than User’s own information, as provided for by SpreadKnowledge.com.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of SpreadKnowledge.com or Spread Knowledge systems or networks, or any systems or networks connected to SpreadKnowledge.com or to Spread Knowledge.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of SpreadKnowledge.com or any transaction being conducted on SpreadKnowledge.com, or with any other user’s use of SpreadKnowledge.com.
User shall not make repeated unsolicited comments, as determined in Spread Knowledge’s sole discretion, by means of “Private Messaging,” “Wall Posts,” “Forum Posts” and any other form of messaging (collectively, “Messaging”). Such repeated unsolicited comments by any means of Messaging and the posting of private information, including, but not limited to, picks, will not be tolerated and may result in termination of User’s account.
User shall not post any third party’s information without such third party’s consent. User shall not post any defamatory statement nor profanity.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Spread Knowledge on or through SpreadKnowledge.com or any service offered on or through SpreadKnowledge.com. User shall not pretend that User is, or that User represents, someone else, or impersonate any other individual or entity.
User shall not use SpreadKnowledge.com or any Content for any purpose that is unlawful, including, but not limited to, gambling or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Spread Knowledge or any other person.
Spread Knowledge reserves the right to bar any of the aforementioned prohibited activity and may terminate any User engaged in such activity.

Termination

Spread Knowledge may terminate a User’s right to use SpreadKnowledge.com immediately, without notice to the User, if, in Spread Knowledge’s sole discretion, the User fails to comply with any of these Terms of Use or engages in any fraudulent, criminal or other unauthorized activity. Spread Knowledge may also close and terminate a User’s account due to inactivity. A User may deactivate such User’s account.

Terms and Conditions of Specific Portions or Features

Additional terms and conditions may apply to purchases of goods or services and to pecific portions or features of SpreadKnowledge.com, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. User shall abide by such other terms and conditions, including, where applicable, representing that User is of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of SpreadKnowledge.com or for any service offered on or through SpreadKnowledge.com, the latter terms shall control with respect to User’s use of that portion of SpreadKnowledge.com or the specific service.
Spread Knowledge may make changes to any products or services offered on SpreadKnowledge.com, or to the applicable prices for any such products or services, at any time, without notice.

Links to Other Sites and to the Spread Knowledge Site

SpreadKnowledge.com may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Users. Such Linked Sites are not under Spread Knowledge’s control and Spread Knowledge is not responsible for and does not endorse the content of such Linked Sites, including, but not limited to, any information or materials contained on such Linked Sites. Upon clicking on such Linked Site, User leaves SpreadKnowledge.com. These Terms of Use do not apply to any Linked Sites.

Advertisements

Any dealings with advertisers found on SpreadKnowledge.com are solely between User and that advertiser. Spread Knowledge shall not be responsible for, or liable for, any losses or damages that occur in any dealing User may have with any advertisers on SpreadKnowledge.com. User assumes the sole risk in dealing with any of said advertisers. Any advertisement found on SpreadKnowledge.com does not imply endorsement of Spread Knowledge of such advertiser.

Disclaimers

SPREAD KNOWLEDGE DOES NOT PROMISE THAT SPREADKNOWLEDGE.COM OR ANY CONTENT, SERVICE OR DEFECTS WILL BE CORRECTED, OR THAT USER’S USE OF SPREADKNOWLEDGE.COM WILL PROVIDE SPECIFIC RESULTS. SPREADKNOWLEDGE.COM AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON SPREADKNOWLEDGE.COM IS SUBJECT TO CHANGE WITHOUT NOTICE. SPREAD KNOWLEDGE CANNOT ENSURE THAT ANY FILES OR OTHER DATA USER DOWNLOADS FROM SPREADKNOWLEDGE.COM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SPREAD KNOWLEDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPREAD KNOWLEDGE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO USER’S USE OF SPREADKNOWLEDGE.COM OR ANY OF SPREAD KNOWLEDGE’S SERVICES. USER ASSUMES TOTAL RESPONSIBILITY FOR USE OF SPREADKNOWLEDGE.COM AND ANY LINKED SITES.
The information found on SpreadKnowledge.com is for entertainment purposes only. Use of this information in violation of any federal, state or local laws is prohibited. Spread Knowledge does not guarantee that the trends and biases referenced on SpreadKnowledge.com will continue to exist or predict the future.

Limitation of Liability

EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW, IN NO EVENT SHALL SPREAD KNOWLEDGE BE LIABLE TO USER FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, OR OTHER INDIRECT LOSS OR DAMAGE ARISING OUT OF THESE TERMS OF USE OR THE USE OF SPREADKNOWLEDGE.COM HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER BASED IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, EVEN IF SPREAD KNOWLEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL SPREAD KNOWLEDGE’S LIABILITY TO USER FOR ACTUAL DIRECT DAMAGES ARISING OUT OF THESE TERMS OF USE OR USE OF SPREADKNOWLEDGE.COM EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY USER TO SPREAD KNOWLEDGE UNDER THESE TERMS OF USE IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICH SHALL BE USER’S SOLE REMEDY UNDER THESE TERMS OF USE.

Indemnity

User agrees to indemnify and hold Spread Knowledge, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demand or any claim, loss, liability or expenses (including, but not limited to, attorneys’ fees) incurred by or suffered by or made against Spread Knowledge as a result of a breach of these Terms of Use by any third party due to or arising out of or in connection with User’s use of SpreadKnowledge.com.

Remedies for User’s Violation

Any violation by User of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Spread Knowledge, for which monetary damages would be inadequate, and User consents to Spread Knowledge obtaining any injunctive or equitable relief that Spread Knowledge deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Spread Knowledge may have at law or in equity. In addition to, and without limiting, any other remedy or right Spread Knowledge may have, Spread Knowledge will have the right to an immediate injunction enjoining any breach of these Terms of Use without the necessity of posting security or a bond

Force Majeure

Spread Knowledge shall have no liability for delays or failure in performance caused by an act of God, war, strike, labor dispute, work stoppage, fire, act of government or any other cause, whether similar or dissimilar, beyond the control of Spread Knowledge.

Applicable Law

The rights and obligations of the parties under these Terms of Use shall be governed by, and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to principles of conflicts of law and without regard to any rule of construction or interpretation relating to which party drafted these Terms of Use.

Consent to Forum

The Bucks County Court of Common Pleas located in Doylestown, Pennsylvania and the United States District Court for the Eastern District of Pennsylvania located in Philadelphia shall have exclusive jurisdiction over any dispute or controversy arising under or related to these Terms of Use. User consents to the personal and exclusive jurisdiction of such courts and waives any objection that it may have to the venue of any such proceeding and any claim or defense of inconvenient forum.

Attorneys’ Fees

In the event of a dispute between the parties, the prevailing party shall have its attorneys’, accountants’ and other professionals’ fees, court costs and costs of appeals paid by the losing party.

Waiver

No claim or right arising out of a breach of these Terms of Use may be discharged in whole or in part by a waiver of the claim or right, unless the waiver is in writing signed by the waiving party. The waiver or acceptance of any breach by either party of any provision of these Terms of Use shall not constitute a waiver of or an excuse for non-performance as to any other provision of these Terms of Use, nor as to any prior or subsequent breach of the same provision.

Severability

In the event that one or more of the provisions of these Terms of Use shall, for any reason, be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such provision shall be modified or amended to the extent necessary to remove the invalidity, illegality or unenforceability. Should the amendment or modification of such provision be impossible, these Terms of Use shall be construed as if it never contained the invalid, illegal or unenforceable provision and such provision shall not affect any other provision of these Terms of Use.

Headings

The headings to these Terms of Use are for conve nience only and shall not onstitute a part of these Terms of Use.

Interpretation

These Terms of Use shall be fairly interpreted in accordance with their terms and without any strict construction in favor of or against any party. Any ambiguity shall not be interpreted against the drafting party.

Entire Agreement

These Terms of Use constitute the entire agreement between Spread Knowledge and User and supersedes all prior negotiations and all agreements proposed or otherwise, whether written or oral, concerning the subject matter of these Terms of Use.
The information contained on SpreadKnowldge.com is subject to change without notice.
Copyright © 2011 Spread Knowledge, LLC. All rights reserved Spread Knowledge, LLC.
Updated by The Spread Knowledge Legal Team on 6/16/2011