Last Updated: July 8, 2018
Welcome to InTheSpread.com. In The Spread LLC and/or its affiliates ("ITS") provide website features and other products and services to you when you visit or shop at InTheSpread.com, use In The Spread products or services, use In The Spread applications for mobile, or use software provided by In The Spread in connection with any of the foregoing (collectively, "ITS"). In The Spread provides the In The Spread Services subject to the following Terms.
A. TERMS APPLICABLE TO ALL USERS
For users who are registered with ITS, your use of ITS shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users.
When you use In The Spread Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any In The Spread Service, such as videos, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of In The Spread or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any In The Spread Service is the exclusive property of In The Spread and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any In The Spread Service are trademarks or trade dress of In The Spread in the U.S. and other countries. In The Spread's trademarks and trade dress may not be used in connection with any product or service that is not In The Spread's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits In The Spread. All other trademarks not owned by In The Spread that appear in any In The Spread Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by In The Spread.
License and Access
Certain aspects of ITS may require payments. If you use those aspects of ITS, you agree to the applicable pricing and payment terms. Such terms will be displayed in connection with that aspect of ITS requiring payment. ITS may update pricing and payment terms at any time and in its sole discretion, with any changes to subscription fees taking effect upon the conclusion of your current subscription term unless otherwise specified. The transaction is with the specific ITS entity identified by the aspect of the Website used to make the purchase.
All payment transactions are administered by a third-party payment processor or third-party store. ITS expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third- party’s handling of the transaction. ITS is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. ITS reserves the right to refuse or cancel transactions, due to pricing or other typographical errors.
All purchases are final and no refunds are available unless otherwise specified in applicable Additional Terms, including where your account is terminated or suspended preventing your access to paid aspects of the Service, such as any remaining subscription terms. Subscriptions have no monetary value and are purchases of only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable license to access the applicable portion of the Service. Unless otherwise specified (at initial sign-up or subsequently), subscriptions will renew automatically on a monthly, quarterly, annual basis, or for up to the initial subscription term, at a rate not exceeding the rate for the prior subscription period. If you sign up for a free trial subscription (if available), you will be automatically billed at the then-current rate at the conclusion of the free trial. You may cancel any automatically renewing subscription by using that aspect of ITS you used to set up your subscription, unless another cancellation method is specified in applicable Additional Terms.
As an ITS Subscriber, you must agree to the payment terms presented to you at the time you sign up for Services on ITS. You are responsible for taking action prior to renewal if you do not want your ITS subscription to renew automatically. You might not receive further notice of your renewal after signing up for an account or subscription, and you must visit the My Account option to find out when your account or subscription is set to renew. Subscriptions recur either monthly, quarterly or annually in most cases, depending upon the renewal term you choose during the signup process. For monthly recurring Services, unless the Service Agreement states otherwise, you will be billed on the same numerical day of each month as the Effective Date. For example, if the Effective Date is November 17th, you will be billed for recurring monthly payments on December 17th, January 17th, and so on.
You are responsible for ensuring that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use the credit card.
Cancellation of ITS Subscriptions
For security reasons, an email or phone call to ITS is not sufficient to cancel your ITS subscription, which you may cancel at any time by selecting the cancel button found in the My Account section of the Site. Cancellation does not entitle you to a refund under any circumstances. You will continue to have access to the Site and Services you have paid for until the end of your subscription term, but will lose access if the subscription is not in good standing. If you choose to cancel your ITS subscription during your subscription term, you will not be refunded, in whole or in part.
Risk of Loss
All purchases of physical items from In The Spread are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, ITS may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. If you choose to modify your subscription during your subscription term, your subscription rate will change as of the date of renewal, but you are not entitled to a refund, of any kind, at any time.
In the event that a ITS product is mistakenly listed at an incorrect price, ITS reserves the right to refuse or cancel any orders placed for product(s) listed at the incorrect price. ITS reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ITS shall issue a credit to your credit card account in the amount of the incorrect price.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. ITS has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
ITS reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public communication forums.
- Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the ITS Site, regardless of whether such communication(s) violate these standards.
- Take any action it deems necessary to protect the personal safety of our guests or the public.
ITS has no liability or responsibility to users of the ITS Website or any other person or entity for performance or nonperformance of the aforementioned activities. Product Submissions Prohibited
ITS does not accept unsolicited submissions for motion pictures, television programs, web sites, articles, e- books, or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of ITS (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to ITS through this Website or by e-mail, text message or otherwise. However, if you decide to make any such unsolicited submission, you hereby grant to ITS the right and license to the submission as if it were User Content, as set forth above.
Access to certain functionalities of ITS will require you to register with and provide certain information to ITS. ITS reserves the right to decline or to provide access to ITS to any person for any or no reason. If and when you provide information to ITS, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, ITS reserves the right to terminate your use of the Website.
You agree to abide by all applicable local, state, national and foreign laws, rules and regulations in connection with your use of ITS. In addition, you agree that you will not do, or attempt to do, any of the following while using or accessing the Website:
- Use the Service in an illegal manner or for an illegal purpose;
- Share your ITS account login name and/or password with someone else to allow them to access any Service that such person did not order;
- Disable, hack, circumvent or otherwise interfere with security-related features of the Website or with any features that prevent or restrict use or copying of any ITS content or materials;
- Use any metadata, meta tags or other hidden text utilizing a ITS name, trademark, URL or product name;
- In any way use the Website to send altered, deceptive or false source-identifying information;
- Use any scripts, programs or other automated means to access the, or otherwise engage in any ‘data scraping’ or data gathering practices with respect to the Website;
- Upload, submit, post, email, or otherwise transmit, via the Website, any content or materials that are unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the sole opinion of ITS;
- Destroy, interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Website, servers or networks connected to the Website or the technical delivery systems of ITS’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website;
- Attempt to scan, probe or test the vulnerability of any ITS system or network or breach or impair or circumvent any security or authentication measures protecting and providing security for the Website;
- Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide ITS;
- Attempt to search, meta-search or access ITS with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by ITS or other generally available third- party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Chrome or any that may be derived in the future), including any software that sends queries to the Website to determine how a web site or web page ranks.
- Collect or store personal data about other users of the Website without their express and explicit permission;
- Misrepresent or impersonate your affiliation with any person or entity, or otherwise commit fraud;
Gathering email addresses from ITS through harvesting or automated means is strictly prohibited by law. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with ITS should be directed to: [email protected]
In The Spread may offer features and services that are available to you via your mobile device. These features and services may, include, without limitation, the ability to stream content, upload content to ITS, receive messages from ITS, download applications to your mobile device or access ITS’s features (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Such fees and charges will appear on the bill you receive from your carrier or be deducted from your pre-paid balance. You are solely responsible for all charges from your carrier including any data and messaging fees that you may incur if you use mobile devices to interact with the Service or to receive communications from ITS. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Third Party Links
IN THE SPREAD IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
There is no warranty, representation or guarantee that ITS, or your use of ITS, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that ITS, or any information, software or other material accessible from ITS, is free of viruses or other harmful components. ITS does not warrant, guarantee, or make any representation regarding the use of, or the results of the use of the Website either in terms of its COMPATIBILITY with hardware oR other software or equipment, and you assume all responsibility and risk for your use of ITS and Information and your reliance thereon.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER ITS NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, ASSIGNS,
DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY MANNER TO (A) IN THE SPREAD, (B) ANY LINKED WEBSITE, (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF IN THE SPREAD; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY ITS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF IN THE SPREAD; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN IN THE SPREAD’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF ITS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).
YOUR SOLE REMEDY WITH RESPECT TO IN THE SPREAD OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ITS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY LINKED WEBSITE SHALL BE $100.
Waiver of Unknown Claims
BY ACCESSING IN THE SPREAD, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials on ITS infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ITS to locate the material on ITS; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to:
In The Spread LLC 1825 West Avenue #8
Miami Beach, FL 33139
ITS suggests that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
Risk of Loss
All purchases of physical items from In The Spread are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
You are solely responsible for your interactions with other Users. ITS reserves the right, but has no obligation, to monitor disputes between you and other Users.
ITS makes no representation that ITS operates (or is legally permitted to operate) in all geographic areas, or that tITS is appropriate or available for use in other locations. Accessing ITS from territories where ITS, or any content or functionality of ITS or portion thereof, is illegal is expressly prohibited. If you choose to access ITS, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
Term and Termination
Arbitration and Governing Law
Additional In The Spread Software Terms
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with In The Spread Services (the "In The Spread Software").
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the In The Spread Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the In The Spread Software at any time and without notice to you.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
Accounts And Security
ITS does not warrant that the functions contained in the service provided by ITS will be uninterrupted or error- free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You may not:
- Select or use a Login Name of another person with the intent to impersonate that person;
- Use a name subject to the rights of any other person without authorization;
- Use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify ITS of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at ITS's sole discretion, and you may be reported to appropriate law-enforcement agencies.