It is of utmost importance that you carefully read and understand the Software WEBSITE TERMS OF USE.
Upon finding the link to these Terms of Use on the website (the ‘Website’), we appreciate your visit. TheSoftware, collectively referred to as ‘TheSoftware,’ ‘we,’ and ‘us,’ owns the Website as an Internet property. By accessing the Website, registering for Subscription Services (such as newsletters or mailing lists), participating in Contests, joining Membership Services (such as affiliate programs), or ordering Vendor Services through the Website, you agree to be bound by these TheSoftware Website Terms of Use (‘Terms of Use’). The Services, which include Subscription Services, Membership Services, and Vendor Services, are subject to these Terms of Use. The Agreement includes TheSoftware Privacy Policy, Official Contest Rules, Purchase Agreements, Membership Agreements, and other operating rules, policies, price schedules, supplemental terms and conditions, or documents that may be published from time to time. Please carefully review the complete terms of the Agreement. If you do not agree to the Agreement in its entirety, you are not authorized to use the Services and/or Website in any manner or form.
TheSoftware explicitly prohibits entry to the website and/or services to anyone who falls under the Children’s Online Privacy Protection Act of 1998, as amended (COPPA). TheSoftware retains the authority to refuse access to the services and/or website to any individual, at its sole discretion.
THE AGREEMENT’S SCOPE AND MODIFICATION
The terms and conditions outlined in the Agreement must be agreed upon by you for using the Website. The Agreement is the only agreement between you and TheSoftware regarding your use of the Website and supersedes any previous or concurrent agreements, representations, warranties, and/or understandings related to the Website. We hold the discretion to modify the Agreement without prior notice. By continuing to use the Website and/or Services, you are bound to comply with all the terms and conditions stated in the current Agreement. It is recommended to regularly visit this page for any updates or alterations.
SPECIFICATIONS
The Website and Services are exclusively accessible to individuals who have the capacity to enter legally binding agreements as per the relevant laws. The use of the Website and Services by individuals below the age of eighteen (18) is strictly prohibited. If you are under the age of eighteen (18), you are expressly prohibited from utilizing and/or accessing the Website and/or Services.
REWRITE OF THE SERVICE DESCRIPTION
Subscription Services
Under the Agreement, upon registration and approval from TheSoftware, you have the option to access the Subscription Services on the Website. These services may be acquired either for a fee or at no cost. The Subscription Services provide relevant e-mail content, text, and other materials (referred to as ‘Subscription Content’) related to online marketing from TheSoftware and its Third Party Providers. Should you wish to stop receiving the Subscription Content, you can simply send an email to [email protected]. It is important to note that the Subscription Content consists of comments, opinions, and/or other materials given by TheSoftware and Third Party Providers, and they should not be solely relied upon. When using the Subscription Content and/or Subscription Services, exercise caution, common sense, and ensure your safety. You acknowledge that TheSoftware holds no obligations or liabilities to you regarding the Subscription Content. TheSoftware does not guarantee the accuracy, completeness, or appropriateness of the Subscription Content provided with the Subscription Services. You also acknowledge that TheSoftware cannot be held responsible or liable for any issues that may arise preventing your use of the Subscription Services and/or Subscription Content. Furthermore, TheSoftware is not liable for any claims made against the Subscription Services by you, end-users, or any third party.
Membership Services
If you register on our Website, agree to our Membership Agreement, and receive approval from TheSoftware, you can become a member of one of our Membership programs offered by MTS Advertise OU. You may obtain a membership for a fee or for free, subject to the terms and conditions of the Agreement and the Membership Agreement. If you need a copy of the Membership Agreement, please visit the specific Membership website. Our Membership programs provide access to Member Content, which includes text and other materials, that is designed to help Members with their online marketing efforts. The Member Content may contain comments, opinions, and other materials from TheSoftware Third Party Providers, but please note that you should not solely rely on them. We advise you to exercise caution, apply common sense, and prioritize safety when using the Member Content and/or Membership Services. You acknowledge that TheSoftware has no obligations or liabilities towards you regarding any Member Content. TheSoftware does not guarantee the accuracy, completeness, or appropriateness of the Member Content provided through the Membership Services. You also understand and agree that TheSoftware is not accountable for any issues you face while using the Membership Services or Member Content. In addition, TheSoftware will not be held liable for any claims related to the Membership Services, whether brought by you, end-users, or third parties.
Vendor Services
If you fill out the necessary purchase order forms, you have the option to acquire or try to acquire specific products and/or services from the Website. The Third Party Provider manufacturers or distributors of these items directly provide the descriptions for the products and/or services featured on the Website. The accuracy or completeness of these descriptions is not guaranteed by TheSoftware. It is acknowledged and agreed upon that TheSoftware is not responsible for any issues that may arise regarding your ability to obtain products and/or services from the Website, or for any disputes with the sellers, distributors, or end-users of the products. It is also understood and agreed upon that TheSoftware is not liable for any claims made in relation to the products and/or services offered on the Website by you or any third party.
Unique General Content
When registering for our Services, you will be required to provide certain information. This information may include 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 details specified in the registration form (referred to as ‘Service Registration Data’). It is essential that the Service Registration Data you provide is truthful, accurate, current, and complete. TheSoftware reserves the right to reject any Service Registration Data that is found to be in violation of the Agreement or if it is determined that the data provided is incomplete, fraudulent, duplicated, or otherwise unacceptable. TheSoftware may also modify the criteria for Registration Data at its discretion.
The Agreement applies to any future offers provided on the Website that enhance or add to its current features, unless explicitly stated otherwise. You acknowledge that TheSoftware is not accountable for any inability or disqualification you may experience when using or accessing the Services. Any modification, suspension, or discontinuation of the Services, products, or promotions offered by TheSoftware or its Third Party Providers will not make TheSoftware liable to you or any third party. If MTS Advertise OU terminates the Agreement or any Services, they will not bear any liability or responsibility towards you. You have the sole right and remedy to refuse using the Website in any dispute you may have with TheSoftware.
CHALLENGES
Contests offered by TheSoftware occasionally provide promotional prizes and other awards. By accurately filling out the Contest registration form and agreeing to the Official Contest Rules, you have the opportunity to win these promotional prizes. In order to participate in the Contests featured on the Website, you must first complete the appropriate 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 that is deemed to be in breach of the Agreement or is incomplete, fraudulent, a duplicate, or otherwise unacceptable. TheSoftware may modify the Registration Data criteria at its sole discretion, without prior notice.
LICENSE GRANT
As a user of the Website, you are given permission to access and use the Website, Content, and associated material in accordance with the Agreement. This permission is non-exclusive, non-transferable, revocable, and limited. TheSoftware has the right to terminate this permission at any time and for any reason. You may use the Website and Content on one computer for your own personal, non-commercial use. Reproduction of any part of the Website, Content, Contests, and/or Services is prohibited in any form or incorporation into any electronic or mechanical information retrieval system. You are not allowed to use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Website, Content, Contests, and/or Services, or any part of them. TheSoftware reserves all rights that are not explicitly granted in the Agreement. You are not permitted to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Website. You are also prohibited from taking any action that imposes an unreasonable or disproportionately large load on TheSoftware’s infrastructure. Your right to use the Website, Content, Contests, and/or Services is not transferable.
PROPRIETARY RIGHTS
The Website, Content, Contests, and Services are protected by copyright, trademark, and other intellectual property laws. You are prohibited from copying, redistributing, publishing, or selling any part of the Website, Content, Contests, and Services. Automated retrieval of material from the Website, Content, Contests, and Services for the purpose of creating a collection, compilation, database, or directory without written permission is also prohibited. You do not own any of the content, documents, software, services, or materials viewed on or through the Website, Content, Contests, and Services. TheSoftware’s posting of information or material on the Website or through the Services does not waive any rights to such information and/or materials. TheSoftware’s name, logo, graphics, icons, and service names are trademarks owned by TheSoftware. Any use of trademarks without express written consent from the respective owner is strictly prohibited.
Linking to the website, co-branding, “framing” and/or referencing the website is not allowed.
No one is permitted to link the website or parts of it (including logos, trademarks, branding or copyrighted material) to their own website or web venue without explicit 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 prohibited. You agree to collaborate with the Website in removing or stopping any such content or activity. You acknowledge that you will be held responsible for any associated damages.
MODIFICATION, DELETION, AND EDITING
The Website grants us the exclusive right to modify 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 REGARDING DOWNLOADS’ POTENTIAL HARM
When Visitors download content from the Website, they do so at their own risk. TheSoftware cannot guarantee that such downloads are devoid of harmful computer codes like 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 agreeing to indemnify and hold TheSoftware, along with their parents, subsidiaries, and affiliates, as well as each of their respective members, officers, directors, employees, agents, co-branders, and/or other partners, harmless from any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and/or judgments made by any third party due to or arising out of your use of the Website, Services, Content, and/or participation in any Contest; your violation of the Agreement; and/or your infringement upon the rights of another individual and/or entity. These provisions benefit TheSoftware, their parents, subsidiaries, and/or affiliates, as well as their officers, directors, members, employees, agents, shareholders, licensors, suppliers, and/or attorneys. Each of these individuals and entities has the right to directly assert and enforce these provisions against you on its own behalf.
THIRD PARTY WEBSITES
When using the Website, you may be provided with links to and referred to other Internet websites and resources. These websites and resources are owned and operated by Third Party Providers, and TheSoftware has no control over them. It is important to acknowledge and agree that TheSoftware is not responsible for the availability of these third party websites and resources. TheSoftware also does not endorse or accept responsibility or liability for any terms and conditions, privacy policies, content, advertising, services, products, or materials found on or available from these third party websites or resources. Any damages or losses that may arise from using these websites or resources are not the responsibility of TheSoftware.
PRIVACY POLICY/VISITOR INFORMATION
The Privacy Policy governs the Use of the Website, along with any comments, feedback, information, Registration Data, and/or materials you submit via or in connection with the Website. Our use of all information pertaining to your Website usage, as well as any other personally identifiable information you provide, will comply with the terms stated in our Privacy Policy. For access to our Privacy Policy, kindly click on the following link: Click Here.
LEGAL WARNING
Engaging in any activities aimed at damaging, destroying, tampering with, vandalizing, or interfering with the operation of the Website, whether or not you are a customer of TheSoftware, is considered a violation of both criminal and civil law. In such cases, TheSoftware will take all necessary measures allowed by law and in fairness to pursue remedies against any individual or entity responsible for the offense.
CHOICE OF LAW/VENUE
Any disputes arising out of or related to the Agreement shall be governed by and construed in accordance with the laws of Estonia (without regard to conflict of law principles). Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against TheSoftware. and each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that TheSoftwareurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.