TheSoftware explicitly refuses access to the website and/or services for any person protected under the Children’s Online Privacy Protection Act of 1998 (COPPA), as amended. TheSoftware retains the right to deny access to the services and/or website to any person at its own discretion.
SCOPE AND MODIFICATION OF THE AGREEMENT
By using the Website, you are agreeing to the terms and conditions stated in the Agreement. The Agreement is the only agreement between you and TheSoftware regarding your use of the Website, replacing any previous or simultaneous agreements, representations, warranties, and/or understandings about the Website. We have the right to modify the Agreement at any time, without providing specific notice. The most recent version of the Agreement will be posted on the Website, and it is advisable to review it before using the Website. Your continued use of the Website and/or Services implies that you are complying with all the terms and conditions stated in the current Agreement. Hence, it is important to regularly check this page for any updates or changes.
The availability of the Website and Services is specifically limited to individuals who possess the capacity to engage in legally binding contracts as determined by applicable law. The usage and access of the Website and Services are explicitly not intended for individuals who are below the age of eighteen (18). Therefore, if you are below the age of eighteen (18), you are hereby prohibited from utilizing and/or gaining entry to the Website and/or Services.
THE SERVICES’ DESCRIPTION
By signing up on the Website and getting approval from TheSoftware, you have the opportunity to access the Subscription Services, either for a fee or at no cost, subject to the terms and conditions of the Agreement. These Subscription Services, provided by TheSoftware and its Third Party Providers, include email content, text, and other materials related to online marketing. If you wish to stop receiving the Subscription Content, simply contact us at [email protected]. It’s important to note that the Subscription Content consists of comments, opinions, and materials from TheSoftware and Third Party Providers and should not be solely relied upon. Please use caution, common sense, and take safety precautions when using the Subscription Content and/or Subscription Services. You agree that TheSoftware has no obligations or liabilities towards you regarding the Subscription Content. TheSoftware does not guarantee the accuracy, completeness, or appropriateness of the Subscription Content provided through the Subscription Services. You acknowledge and understand that TheSoftware is not responsible or liable for any issues or difficulties you may face when using the Subscription Services and/or Subscription Content. Furthermore, TheSoftware will not be held liable for any claims made by you, end-users, or any third party related to the Subscription Services.
When you register on our Website and agree to our Membership Agreement, you have the opportunity to acquire a Membership in one of our various Membership programs. These Membership programs, offered by MTS Advertise OU, provide access to valuable content, text, and other materials (referred to as ‘Member Content’) from TheSoftware and certain Third Party Providers. This content is designed to support your online marketing efforts. Please note that the Member Content may include comments, opinions, and other materials from Third Party Providers, and should be used with caution and discretion. TheSoftware assumes no obligation or liability for any Member Content. We cannot guarantee the accuracy, completeness, or appropriateness of the Member Content provided through the Membership Services. You acknowledge that TheSoftware is not responsible for any difficulties you may encounter while using the Membership Services or accessing the Member Content. TheSoftware is not liable for any claims made by you, end-users, or any third party in connection with the Membership Services.
Services for Vendors
From the Website, you can acquire or make an attempt to acquire specific products and/or services by completing the appropriate purchase order forms. The descriptions of these products and/or services on the Website may be provided directly by the manufacturers or distributors who are Third Party Providers. The accuracy or completeness of these descriptions is not guaranteed by TheSoftware. You acknowledge and agree that TheSoftware is not responsible for any issues you may encounter while trying to obtain products and/or services from the Website, or for any disputes you may have with sellers, distributors, or end-user consumers of the products. Furthermore, you understand and agree that TheSoftware will not be held liable for any claims made by you or any third party in relation to any of the products and/or services available on the Website.
When registering for our Services, you will need 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 information requested on the registration form (referred to as ‘Service Registration Data’). It is important that you provide true, accurate, current, and complete Service Registration Data. TheSoftware reserves the right to reject any Service Registration Data if it is determined, at the sole discretion of TheSoftware, that you are in breach of any part of the Agreement or if the Service Registration Data provided by you is incomplete, fraudulent, a duplicate, or otherwise unacceptable. TheSoftware may modify the criteria for Registration Data at any time, at its sole discretion.
The Agreement applies to any future offer(s) provided on the Website that improve or enhance its current features, unless explicitly stated otherwise. You acknowledge that your inability to use and/or qualify for the Services is not the responsibility of TheSoftware. Any modification, suspension, or discontinuation of Services or other offerings by TheSoftware and/or its Third Party Providers will not hold TheSoftware liable to you or any third party. If MTS Advertise OU terminates the Agreement or any Services, they will not be liable or responsible to you. You acknowledge that your decision to refuse the use of the Website is your sole right and remedy for any dispute you may have with TheSoftware.
Contests hosted by TheSoftware occasionally offer promotional prizes and other awards. To participate in these Contests, you must accurately provide information in the Contest registration form and follow the Official Contest Rules. By doing so, you will have a chance to win the promotional prizes offered. To enter a Contest on the Website, you must fully complete the corresponding entry form. It is important that you provide Contest Registration Data that is true, accurate, current, and complete. TheSoftware reserves the right to reject any Contest Registration Data that is determined, at its sole and exclusive discretion, to be in breach of any part of the Agreement or incomplete, fraudulent, duplicate, or otherwise unacceptable. TheSoftware may modify the Registration Data criteria at any time, at its sole discretion.
As a user of the Website, you are given permission to access and utilize the Website, Content, and associated material in accordance with the Agreement. TheSoftware has the ability to terminate this permission at any time, for any reason. You are allowed to 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, in any form or incorporation into any electronic or mechanical information retrieval system, is strictly prohibited. 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 part thereof. TheSoftware retains any rights not explicitly granted in the Agreement. Usage of any device, software, or routine to disrupt or attempt to disrupt the proper functioning of the Website is prohibited. You may not take any actions that overload or excessively burden TheSoftware’s infrastructure. Your ability to use the Website, Content, Contests, and/or Services cannot be transferred to another party.
The Website, Content, Contests, and Services hold valuable proprietary rights, including copyrights, trademarks, and other intellectual property rights. All components of the Website, Content, Contests, and Services such as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, and related matters are protected by these rights. Any form of copying, redistribution, publication, or sale of any part of the Website, Content, Contests, and/or Services is strictly prohibited. Without written permission from TheSoftware, you are not allowed to systematically retrieve material from the Website, Content, Contests, and/or Services through automated means or any other method of scraping or data extraction with the intent to create a collection, compilation, database, or directory. Viewing the Website, Content, Contests, and/or Services does not grant you ownership rights to any content, document, software, services, or other materials. TheSoftware’s posting of information and materials on the Website or through the Services does not waive any rights in such information and/or materials. TheSoftware’s name, logo, and all associated graphics, icons, and service names are trademarks owned by TheSoftware. The use of any trademark without the express written consent of the applicable owner is strictly prohibited.
Unless given explicit authorization by TheSoftware, it is prohibited for anyone to create hyperlinks to the Website or any of its parts (including, but not limited to, logos, trademarks, branding, or copyrighted material) on their own website or web platform. Additionally, framing the Website or referencing its Uniform Resource Locator (URL) on any commercial or non-commercial media is strictly forbidden without the prior written permission of TheSoftware. You must cooperate with the Website to promptly remove or cease any such content or activity. You acknowledge your liability for any damages incurred as a result.
MODIFICATION, REMOVAL, AND EDITING
Any documents, information, or other content that appears on the Website may be edited or deleted at our sole discretion.
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 HARM CAUSED BY DOWNLOADS
By downloading information from the Website, visitors acknowledge and accept the risk involved. TheWebsite makes no guarantees that these downloads are free from any 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.
You are responsible for compensating and safeguarding TheSoftware, including 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 from: (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, affiliates, officers, directors, members, employees, agents, shareholders, licensors, suppliers, and attorneys have the right to directly assert and enforce these provisions against you on their own behalf.
THIRD PARTY WEBSITES
The Website has the ability to direct you to other websites and resources on the internet, which are owned and operated by Third Party Providers. TheSoftware acknowledges that it has no control over these third party websites and resources, and therefore, it cannot guarantee their availability. TheSoftware also does not support or accept responsibility for any terms and conditions, privacy policies, content, advertising, services, products, or any other materials found on or accessible through these third party websites or resources. Consequently, TheSoftware cannot be held accountable for any damages or losses that may arise from using or relying on these external resources.
Engaging in any actions that intend to harm, destroy, manipulate, deface, or disrupt the functioning of the Website, whether the individual is a customer of TheSoftware or not, is considered a violation of both criminal and civil law. TheSoftware will actively pursue all available legal and equitable remedies against any individual or entity involved in such activities.
CHOICE OF LAW/VENUE
Any disputes arising from or related to the Agreement will be governed by and interpreted in accordance with the laws of Estonia (without considering conflict of law principles). Any awarded judgment will be final and binding to all parties involved and may be entered in any court with jurisdiction. This provision does not prevent any party from seeking injunctive relief to protect its rights until the final outcome of arbitration is reached. You agree that, to the extent permitted by law, you will not initiate, join, or participate in any class action lawsuit against TheSoftware, its legal representatives, affiliates, subsidiaries, parents, agencies, and their respective members, officers, directors, employees, and agents regarding any claim, dispute, or controversy. You also agree to comply with an injunction to cease your involvement in such a lawsuit or be removed as a participant if instructed. In case TheSoftware incurs attorney’s fees and court costs while seeking such relief, you agree to be responsible for covering those expenses. This Agreement does not waive any of your individual rights and remedies to pursue a claim in arbitration, rather than as a part of a class action, as outlined above. The clause pertaining to class action lawsuits is an independent agreement. If any part of the Agreement is deemed invalid or unenforceable, it will be interpreted in line with applicable law while the remaining portions remain fully valid and effective.