Terms of Service

TLDR

Simply by being here, you agree to abide by our 3 simple house rules:

1) Respect yourself.

2) Respect others.

3) Respect the Website.

If you have issues with any one of these three rules, please leave now. You are not welcome here.

If in the future you find yourself displeased with the way we choose to interpret, adopt, or apply these rules in the conduct of the affairs of this website, do not use this Website. Just leave.

If you choose to stay, please know that we reserve the right to limit, ground, suspend, terminate, eject, deny, and block, at our sole discretion and without both forewarning or explanation, any visitor, guest, user, or contributor should s/he prove culpably or habitually wanting with respect to any of the aforementioned house rules to the detriment of fellow users and by extension this website and especially so should we find him or her in direct violation of any of the terms of service governing Spread.

Must we say that you are not permitted to use, misuse, or abuse any of our facilities in any way that violates the law or interrupts our service or threatens the safety or dignity of another person—whether wittingly or unwittingly, with or without malice?

If you think we are being unjustly unfair, please be reminded that nobody is really keeping you here against your own free will and that you are, by the same token, similarly and equally free to leave, at your sole discretion and without need for either notice or explanation, any time you so desire.

Bottomline: we must take measures to safeguard ourselves and–by extension–you.

If you think you can live with all of the above, come in, grab a beer, read on.

Peace,

The Editors
http://spreadophilia.com
Spread – New Underground Exploratory Art + Literature

 

TERMS OF SERVICE

[Last modified and effective as of October 22, 2013]

Welcome to Spread. This Website, accessible through spreadophilia.com, is owned, operated, and distributed by a loosely informal, unofficial, non-commercial, interdisciplinary arts and literary collective with an international contributing cast of independent authors, artists, coders and creatives who have chosen to name their core vision/mission/movement “Spread” or spreadophilia (see: “About Spread: Who We Are/What We Are”), heretofore referred to as “We”, “Us”, “Our”, “Website”, “Service”, “Spread”, “The Spreading”, “Spreadophilia”, “Spreadophile”—you get the idea.

BY ACCESSING ANY PART OF THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE AND THE PRIVACY POLICY THAT GOVERN THIS WEBSITE , WHICH ARE INCORPORATED HEREIN BY AND FOR YOUR REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, CONDITIONS, AND POLICIES, DO NOT USE THE WEBSITE OR ACCESS ANY OF ITS PAGES OR SERVICES. PLEASE LEAVE NOW. YOU ARE NOT WELCOME HERE.

Be that as it may: These Terms of Service apply to all users, including but not limited to users who are simply viewing the Website, users who are subscribed for services, users who are signed in to comment or participate in discussions, and especially users who are duly registered as contributing authors and artists, authorized to submit and create content on the Website.

You agree that you will not: (a) copy or distribute any part of the Website in any medium without our prior written authorization; or (b) alter or modify any part of the Website or such materials in any manner. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you represent and warrant to us that the information you provide is accurate and complete in all respects. You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you keep your password secure. You agree to notify us immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

CHANGES TO THESE TERMS

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Website or using our services at any time after such modifications, you are agreeing to such modifications.

RATED PG-13

Use of the Website and our services is available only to individuals who are at least 13 years old. If you are not yet 13 years old, you are not authorized to use the Website or our Services.

THIRD PARTY CONTENT

The Website may contain links to third party websites that are not owned or controlled by us. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third Party Content”). We 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 Third Party Content.

INTELLECTUAL PROPERTY RIGHTS

Except where otherwise indicated, Spread, or third parties granting rights to Spread, holds all right, title, and interest in and to the information and content on this Website. These materials, including, but not limited to the site-design, service marks, logo, layout/look & feel and the like that make up our “Branding” and the text, images, media and the like, whether editorially created by us or those generated by our users (heretofore collectively referred to as “Content”) are subject to copyright and other intellectual property rights under international conventions and belong either to Spread or to their respective author/artist/contributor/creator.

None of the Content on the Website may be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent and/or the prior written consent of its respective creator.

We reserve all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

USER SUBMISSIONS

Content submitted by users for inclusion on the Website, whether via our private registered Author/Artist channels or from our open comments form, (including, without limitation, any such information submitted by the aforementioned users for posting under their public profile) is referred to in these Terms of Service as “User Submissions.” Whether or not such User Submissions are published, they will be subject to these Terms of Service. We do not guarantee any confidentiality with respect to User Submissions (whether or not published). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all Content included therein), including the right to authorize us to use the User Submissions in the manner contemplated by the Website and these Terms of Service.

You retain all of your ownership rights in your User Submissions, unless otherwise agreed in any written agreement between us. However, by submitting the User Submissions to us, you hereby grant us an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created.

You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website as permitted through the functionality of the Website and under these Terms of Service.

We do not verify information contained in Users’ profiles, or any other User Submissions, and we do not endorse any User Submission or any opinion, recommendation, or advice expressed therein. Accordingly, we expressly disclaim any and all liability in connection with User Submissions. We reserve the right to edit or remove Content and User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User’s access to this Website for any reason.

CONTENT ATTRIBUTION

Spread, along with its community of users, respects authorship and is committed to give credit where credit is due. Because we too are authors and artists and creators who value and give premium to our creations, we make every effort to ensure that we acknowledge and provide full attribution to any and all Content—text, image, graphic, code, media, etc.—that run on the Website (or, in the minimum, to at least provide a proper link back,) either to its most current and immediate source or, where possible, to its original copyright-holder and creator.

While we may occasionally share and showcase material found elsewhere, either as a link, a plug, a snippet, an excerpt thereof, or in rare cases in its entirety, specifically and especially those we deem as “spreadworthy,” please know that we do so without pretense at ownership and only in the spirit of fair use, but mostly and mainly because we believe in good faith that the said material deserves not only the attention of our readership but through our readership the largest, broadest, and widest audience possible.

If you find your work featured on this Website and would like us to provide a more appropriate credit that meets your personal requirements or, for some reason, do not feel like your work belongs here and would rather have us take it down, please email the details along with your proof of authorship to credits(at)spreadophilia(dot)com and we will process your request as soon as possible.

COPYRIGHT REMEDIES

We will not tolerate violations of intellectual property rights on the Website. If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”).

To send us a notice of infringement, you must provide a written communication to the attention of “DMCA Legal Department” care of copyrights(at)spreadophilia(dot)com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512).

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND SERVICES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE , OUR SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, OR ANY OTHER ADVICE THAT YOU MAY RECEIVE FROM US, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNITY

You agree to defend, indemnify and hold harmless us and our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Website and our services.

CODE OF CONDUCT FOR USERS

You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by us. In furtherance, and not in limitation, of the foregoing, you agree not to take any of the following actions in connection with your use of the Website: (i) abuse, harass, threaten, impersonate or intimidate others; (ii) contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; (iii) engage in any activity intended to obtain password, account, or private information from any user; (iv) transmit unwanted email or other communications; (v) submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content; (vi) take any action that might impose an unreasonable or disproportionately large load on our infrastructure; (vii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (viii) bypass any measures we may use to prevent or restrict access to the Website. You will not post on the Website, or transmit to other Users via the Website, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, discriminatory, racially offensive or illegal material.

In other words, you may not use, misuse, or abuse any of our facilities in any way that violates the law, interrupts our service, or threatens the safety or dignity of another person—whether wittingly or unwittingly, with or without malice.

IN THE EVENT OF PAID SUBSCRIPTIONS

We may, in the future, contemplate charging, subscription fees, for access to all or parts of the Website. In such an eventuality, we reserve the right, at any time, to change any fees or charges for using any services provided on the Website, provided that such changes will not apply to subscription fees or charges paid prior to the time of the change. We may terminate a paid subscription at any time with or without cause. In the event that we terminate your subscription without cause, we shall refund, pro rata, any unused portion of subscription payments that we have received from you. In the event that we terminate a subscription due to a violation of these Terms of Service or our Privacy Policy, we will be entitled to keep all subscription payments.

MISCELLANEOUS

You agree that the Website shall be deemed a passive website that may be solely hosted remotely and shall not give rise to personal jurisdiction over us, whether specific or general, in jurisdictions other than the current residency of our editorship. These Terms of Service shall therefore be governed by the internal laws of whichever state or country our resident editors or their legal representatives may choose, without prejudice to international treaties and conventions that govern similar websites of international character, specifically those upheld by the Berne Convention and enshrined in the Berne Convention for Protection of Literary and Artistic Works

To this end, you hereby agree and accept that any claim or dispute between you and us that may arise in whole or in part from the Website shall be subject to the exclusive jurisdiction of whichever local court or legal forum we may, chiefly as an editorial prerogative, determine at our sole discretion given the appropriate time.

These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Website or in other materials distributed in connection with our services, constitute the entire agreement between you and us concerning the Website and our services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE OR THE WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN THREE (3) YEARS AFTER THE CAUSE OF ACTION AROSE.

Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between us and you shall satisfy any legal requirements that such communications be in writing.

 

PRIVACY POLICY

[Last modified and effective as of October 22, 2013]

This Privacy Policy, which supplements our Terms of Service, applies to all users, including but not limited to users who are simply viewing the Website, users who are subscribed for services, users who are signed in to comment or participate in discussions, and especially users who are duly registered as contributing authors and artists, authorized to submit and create content on the Website. Please note that any User Submission (as defined in the Terms of Service) becomes published content and is not considered personally identifiable information subject to this Privacy Policy. We may, at our sole discretion, modify this Privacy Policy at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications.

What Personally Identifiable Information Do We Collect?

We collect the following types of personally identifiable information:

1) User Provided Information: You may affirmatively provide us with certain personally identifiable information (such as your name and email address) when participating in various activities on the Website.

2) Information Collected by “Cookies”: When you visit the Website, we may send one or more “cookies” to your computer. A “cookie” is a small line of text that is stored with your Web browser, which we use to help provide better service to you. Your browser has options to accept, reject or provide you with notice when a cookie is sent. We may use cookies for many purposes, including (without limitation) to save your password so you don’t have to re-enter it each time you visit the Website, and to deliver content (which may include third party advertisements) specific to your interests.

3) Log File Information: Our servers automatically record certain information that your web browser sends whenever you visit the Website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

4) Information Collected by “Clear GIFs”: We may employ “clear GIFs” (a.k.a. Web Beacons), which are used to track the online usage patterns anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to users to track which emails are opened by recipients.

How Do We Use Personally Identifiable Information?

Any personal information that you voluntarily disclose online (on your posts, on discussion boards, in messages and chat areas, within your public profile page, through a User Submission, etc.) becomes publicly available and can be collected and used by others. If you have subscribed to any our email digests and newsletters, we may use your email address or other personally identifiable information to send promotional messages to you on behalf of spreadophilia.com. We also may use your email address for administrative purposes (such as notifying you of major Website changes or for customer service purposes). We use aggregated information (such as anonymous user usage data, cookies, IP addresses, browser type, data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. In addition, we may use “cookies,” clear gifs and log file information to deliver content (which may include third party advertisements) specific to your interests, and remember information so that you will not have to re-enter it each time you visit the Website.

Will We Share Personally Identifiable Information with Others?

We will not share your personally identifiable information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out. We may provide personally identifiable information to employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf. In such circumstances, we require that these parties agree to protect the confidentiality of such information and to comply in all respects with this Privacy Policy. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website. In addition, we may release personally identifiable information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law, enforce any provision of the Terms of Service, protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user or protect the public welfare; or (ii) to respond to a court order, subpoena, or search warrant.

Third-party Advertisers

We may, in the future, allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Website. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Website. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This Privacy Policy does not apply to them, and we cannot control their activities.

Is My Information Secure?

We have implemented security measures to protect personally identifiable information collected on the Website against loss, misuse or alteration. In addition, your account information is protected by a password for your privacy and security. It is important that you protect yourself against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. Moreover, despite the precautions described above, we cannot and do not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted or accidentally disclosed, and we accept no liability for any unintentional disclosure.

In the Event of Merger, Sale, or Bankruptcy

In the event that we are acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Children’s Privacy

Spread is not intended for users under the age of 13. Nobody under 13 may create an account or use any part of the Website that requires the submission of personally identifiable information, like email or name. Any account that is created by a person under 13 will be terminated and any content created will be removed from the Website. If you are under 13, sorry, you are not welcome here.

 

See also:

About Spread: Who We Are/What We Are