PLEASE TAKE NOTE: These WEBSITE TERMS OF USE are of paramount importance and require your careful reading.
When you visited the Website, you found the link to these Terms of Use. The Website belongs to TheSoftware, also known as ‘TheSoftware,’ ‘we,’ and ‘us.’ By accessing the Website, registering for Subscription Services, joining Contests, attempting to join Membership Services, or ordering Vendor Services through the Website, you agree to be bound by these TheSoftware Website Terms of Use. The Services include Subscription Services, Membership Services, and Vendor Services. The Privacy Policy, Official Contest Rules, Purchase Agreement, Membership Agreement, and other operating rules, policies, price schedules, and supplemental terms and conditions published from time to time are incorporated into this Agreement. Please read the Agreement carefully. If you do not agree to the entire Agreement, you are not authorized to use the Services and/or Website.
Access to the website and/or services is specifically prohibited for any individual who is protected by the Children’s Online Privacy Protection Act of 1998, as amended (COPPA). TheSoftware holds the authority to refuse access to the services and/or website to any individual at its own discretion.
THE AGREEMENT’S SCOPE AND MODIFICATION
Your use of the Website signifies your acceptance and agreement to the terms and conditions stated in the Agreement. The Agreement is the sole and complete agreement between you and TheSoftware relating to your use of the Website, and it replaces any previous or concurrent agreements, representations, warranties, and/or understandings. We reserve the right to modify the Agreement at any time at our discretion, without providing you specific notice. Any updates to the Agreement will be published on the Website, and it is advised that you review the Agreement before using the Website. By continuing to use the Website and/or Services, you commit to abiding by all the terms and conditions outlined in the Agreement, which are in effect during that time. Hence, it is recommended that you regularly visit this page for any updates or modifications.
SPECIFICATIONS
Individuals who have the legal capacity to enter into binding contracts under the relevant law can exclusively access and utilize the Website and Services. The Website and Services are not designed for individuals under the age of eighteen (18). If you are under the age of eighteen (18), you are prohibited from accessing and/or using the Website and/or Services.
REPHRASE OF THE SERVICE DESCRIPTION
Subscription Services
Upon meeting the terms and conditions outlined in the Agreement, individuals who register on the Website and receive approval from TheSoftware will have the opportunity to acquire the Subscription Services for a fee or at no cost. These services, provided by TheSoftware and its Third Party Providers, offer email content, text, and other relevant materials (referred to as ‘Subscription Content’) pertaining to online marketing. Should you wish to discontinue receiving the Subscription Content, please contact us at [email protected]. It is important to note that the Subscription Content includes comments, opinions, and/or other materials provided by TheSoftware and its Third Party Providers, and should not be solely relied upon. We advise you to exercise caution, use common sense, and prioritize safety when utilizing the Subscription Content and/or Subscription Services. You acknowledge and agree that TheSoftware will not have any obligations or liabilities to you regarding the Subscription Content. TheSoftware does not guarantee the accuracy, completeness, or appropriateness of the Subscription Content made available through the Subscription Services. It is understood and agreed that TheSoftware holds no responsibility or liability for any issues concerning your inability to utilize the Subscription Services and/or Subscription Content. You further understand and agree that TheSoftware will not be held liable for any claims made by you, end-users, or any third parties in connection with the Subscription Services.
Services for Members
By registering on the Website and agreeing to the Membership Agreement, you can obtain a Membership in one of the various Membership programs offered by MTS Advertise OU. The Membership Agreement can be found on the specific Membership website. Through TheSoftware Membership programs, you will have access to Member Content and Subscription Content provided by TheSoftware and certain Third Party Providers. This Content is designed to assist Members in their online marketing ventures. However, please be cautious when using the Member Content and Membership Services, as they may contain comments, opinions, and other materials from Third Party Providers that should not be solely relied upon. TheSoftware does not guarantee the accuracy, completeness, or appropriateness of the Member Content. It is your responsibility to use the Membership Services and Member Content safely. TheSoftware is not obligated to you and shall not be held liable for any liabilities related to the Member Content. Additionally, TheSoftware is not responsible for any inability to use the Membership Services or Member Content. By agreeing to these terms, you acknowledge that TheSoftware is not liable for any claims made by you, end-users, or third parties in connection with the Membership Services.
Vendor Services
Certain products and/or services can be obtained or attempted to be obtained from the Website by completing the relevant purchase order forms. The descriptions of these products and/or services on the Website are provided directly by the manufacturers or distributors who are Third Party Providers. TheSoftware does not guarantee the accuracy or completeness of these descriptions. You acknowledge that TheSoftware is not responsible or liable in any way for your inability to obtain products and/or services from the Website or for any disputes with the sellers, distributors, or end-user consumers of the products. You also agree that TheSoftware is not liable for any claims made by you or any third party in connection with the products and/or services offered on the Website.
Unique
When registering for the Services, you will need to provide certain information. This information may include, but is not limited to, your full name, company name, email address, mailing address (and billing address if different), home telephone number, work telephone number, telecopier number, credit card information, and any other information requested on the registration form (referred to as Service Registration Data). It is important that you provide accurate and complete Service Registration Data. TheSoftware has the authority to reject any Service Registration Data if it is determined, at the sole discretion of TheSoftware, that you are in violation of any part of the Agreement, or if the Service Registration Data provided is incomplete, fraudulent, a duplicate, or otherwise unacceptable. TheSoftware reserves the right to modify the registration criteria for the Service Registration Data at any time, at its sole discretion.
The Agreement applies to any future offer(s) on the Website that enhance the current features, unless explicitly stated otherwise. You acknowledge that TheSoftware is not liable for any inability to use or qualify for the Services. TheSoftware and/or its Third Party Providers are not liable for any modification, suspension, or discontinuation of Services, products, or promotions. If MTS Advertise OU terminates the Agreement or any Services, they are not responsible or liable to you. You have the sole right to refuse the use of the Website, which is your remedy for any disputes with TheSoftware.
CONTESTS
Contests organized by TheSoftware occasionally offer promotional prizes and other awards. To have a chance of winning these prizes, you must accurately complete the Contest registration form and agree to the Official Contest Rules. Before participating in any Contest featured on the Website, you must fully fill out the corresponding entry form. It is important to provide Contest Registration Data that is true, accurate, current, and complete. TheSoftware reserves the right to reject any Contest Registration Data if it is determined, at the sole discretion of TheSoftware, to be in breach of any part of the Agreement or if the provided Contest Registration Data is incomplete, fraudulent, a duplicate, or otherwise unacceptable. TheSoftware may modify the Registration Data criteria whenever deemed necessary, at its sole discretion.
LICENSE GRANT
As a user of the Website, you have been given a non-exclusive, non-transferable, revocable, and limited license to access and utilize the Website, Content, and associated material as outlined in the Agreement. TheSoftware retains the right to terminate this license at its discretion. You are allowed to use the Website and Content on one computer for your personal, non-commercial use. Reproduction of any part of the Website, Content, Contests, and/or Services, in any form or by any means, is prohibited. Furthermore, you are not permitted to use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Website, Content, Contests, and/or Services, or any portion thereof. TheSoftware reserves all rights not specifically granted in the Agreement. It is prohibited to use any device, software, or routine that disrupts or attempts to disrupt the proper functioning of the Website. Additionally, you must not take any action that places an unreasonable or disproportionately large burden on TheSoftware’s infrastructure. Your right to use the Website, Content, Contests, and/or Services is not transferrable.
PROPRIETARY RIGHTS
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website, Content, Contests and Services are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Website, Content, Contests and/or Services is strictly prohibited. Systematic retrieval of material from the Website, Content, Contests and/or Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from TheSoftware is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Website, Content, Contests and/or Services. The posting of information or material on the Website, or by and through the Services, by TheSoftware does not constitute a waiver of any right in or to such information and/or materials. The TheSoftware name and logo, and all associated graphics, icons and service names, are trademarks of TheSoftware. All other trademarks appearing on the Website or by and through the Services are the property of their respective owners. The use of any trademark without the applicable owner’s express written consent is strictly prohibited.
Hyperlinking to the website, co-branding, ‘framing’ and/or referencing the website prohibited.
No one may hyperlink the Website, or portions thereof (including, but not limited to, logotypes, trademarks, branding or copyrighted material), to their website or web venue without express authorization from TheSoftware. Additionally, ‘framing’ the Website and/or referencing the Uniform Resource Locator (‘URL’) of the Website in any commercial or non-commercial media without prior written permission from TheSoftware is strictly forbidden. You must cooperate with the Website to remove or cease, as applicable, any such content or activity. You accept responsibility for any damages associated with these actions.
MODIFICATION, DELETION, AND EDITING
The Website retains the authority to edit and/or delete any documents, information, or other content that appears on it.
DISCLAIMER
THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TheSoftware MAKES NO WARRANTY THAT: (A) THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THE CONTESTS AND/OR SERVICES; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TheSoftware, ANY OF ITS THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
DISCLAIMER FOR POTENTIAL HARM CAUSED BY DOWNLOADS
Visitors assume the risk of downloading information from the Website. TheSoftware does not guarantee that these downloads are free from harmful computer codes, such as viruses and worms.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TheSoftware SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TheSoftware HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE; (C) THE FAILURE TO QUALIFY FOR THE CONTESTS, SERVICES OR THIRD PARTY PRODUCTS FROM ANY OF OUR THIRD PARTY PROVIDERS, OR ANY SUBSEQUENT DENIAL OF THIRD PARTY PRODUCTS FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE TheSoftware AND ALL OF TheSoftware’S THIRD PARTY PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF TheSoftware TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TheSoftware. THE INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
INDEMNIFICATION
You are responsible for defending and holding harmless TheSoftware, along with their parents, subsidiaries, affiliates, members, officers, directors, employees, agents, co-branders, and other partners, from any claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party due to or arising out of: (a) your use of the Website, Services, Content, and/or participation in any Contest; (b) your violation of the Agreement; and/or (c) your infringement upon the rights of another individual and/or entity. TheSoftware, their parents, subsidiaries, and affiliates, along with their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers, and attorneys, may enforce these provisions directly against you.
THIRD PARTY WEBSITES
The Website may contain links to other Internet websites and resources, including those owned and operated by Third Party Providers. Please note that TheSoftware has no control over these third party websites and resources. Therefore, you acknowledge and agree that TheSoftware is not responsible for the availability of such third party websites and resources. Additionally, TheSoftware does not endorse the terms and conditions, privacy policies, content, advertising, services, products, or any other materials found on or through these third party websites or resources. Any damages or losses incurred from accessing or using these third party websites or resources are not the responsibility of TheSoftware.
PRIVACY POLICY/VISITOR INFORMATION
The utilization of the Website, as well as any remarks, input, data, Registration Data, and/or materials that you submit through or in association with the Website, is subject to our Privacy Policy. We retain the right to utilize all information concerning your utilization of the Website, as well as any other personally identifiable information you provide us, in accordance with the terms of our Privacy Policy. You can view our Privacy Policy by clicking on the following link: Click Here.
LEGAL WARNING
Engaging in any actions that aim to damage, destroy, tamper with, vandalize, or interfere with the proper functioning of the Website is considered a violation of both criminal and civil law. TheSoftware will actively seek all available legal and equitable remedies against any individual or entity involved in such activities, regardless of whether they are a customer of TheSoftware or not.
CHOICE OF LAW/VENUE
Disputes arising from or relating to the Agreement will be governed by and interpreted in accordance with the laws of Estonia, regardless of conflict of law principles. Any decision made on the matter will be final and binding for all parties involved, and a judgment can be obtained in any court with jurisdiction. This provision does not limit any party’s right to seek injunctive relief while waiting for the outcome of arbitration proceedings. To the extent permitted by law, you agree not to participate in any class action lawsuit, including any claims, disputes, or controversies against TheSoftware, its legal representatives, affiliates, subsidiaries, parents, agencies, members, officers, directors, employees, and agents. You also agree that TheSoftware is entitled to seek injunctive relief or remove you from a lawsuit, and you will be responsible for all attorney’s fees and court costs incurred in doing so. This provision does not waive your individual rights and remedies to pursue claims through binding arbitration and not as part of a class action. If any part of the Agreement is deemed invalid or unenforceable, it will be interpreted in line with applicable laws while the remaining provisions will remain fully effective.