Welcome to the Terms of Use for our software. We emphasize the importance of carefully reading and understanding these terms. Thank you for your attention.
Thank you for stopping by our website (referred to as the he Site”). By accessing the Site, you are agreeing to abide by the terms and conditions outlined in our Terms of Use. This includes registering for any Subscription Services, participating in Contests, joining Membership Services, or utilizing Vendor Services. Our Privacy Policy, Contest Rules, Purchase Agreements, and Membership Agreements are also incorporated into this Agreement. We ask that you carefully review the complete terms of the Agreement. If you do not agree to these terms, you are not permitted to use our Services or the Site.
Access to the website and/or services is strictly prohibited for anyone covered by the Children’s Online Privacy Protection Act of 1998, as amended (COPPA). TheSoftware retains the right to refuse access to the services and/or website to anyone at its discretion.
CHANGES TO THE TERMS AND CONDITIONS
By accessing and using the Website, you acknowledge and agree to abide by the terms and conditions set forth in the Agreement. This Agreement represents the complete and exclusive agreement between you and TheSoftware regarding your use of the Website, and it replaces any previous or simultaneous agreements, representations, warranties, and/or understandings related to the Website. We reserve the right to modify the Agreement at our discretion, without providing individual notification. The most recent version of the Agreement will be published on the Website, and we encourage you to review it before using the Website. Your continued use of the Website and/or Services implies your acceptance of the terms and conditions outlined in the Agreement at that time. We recommend checking this page regularly for any updates or modifications.
CRITERIA
Our Website and Services are exclusively designed for individuals who are legally capable of entering into binding contracts under the law. They are not intended for individuals under the age of eighteen (18). If you are under the age of eighteen (18), you are not authorized to use or access our Website and Services.
OVERVIEW OF THE SERVICE OFFERINGS
Services for Subscription Plans
By signing up on our platform and securing approval from TheSoftware, you have the opportunity to access the Subscription Services. These services include a variety of online marketing materials, such as e-mail content and text, provided by TheSoftware and its third party partners. If you wish to stop receiving these materials, you can simply reach out to us at [email protected]. It’s important to note that the Subscription Content may include opinions and comments from both TheSoftware and Third Party Providers, so it’s crucial to use caution and your own judgment when utilizing these services. TheSoftware holds no obligation or liability for the Subscription Content, and we do not guarantee its accuracy or completeness. Additionally, we are not accountable for any issues you may encounter while using the Subscription Services or Content. In no event shall TheSoftware be liable for any claims related to the Subscription Services, whether by you, end-users, or any other third party.
Exclusive Membership Benefits
When you register on our website and agree to the Membership Agreement, you will have the opportunity to join one of our various Membership programs. These programs provide access to content and material designed to aid you in your online marketing efforts. It is important to note that the opinions and comments provided by our Third Party Providers should be used with caution and common sense. TheSoftware will not be held liable for any issues that may arise from the use of our Membership Services and Member Content. We do not guarantee the accuracy or appropriateness of the content provided, and we are not responsible for any claims made in connection with our Membership Services.
Service Provider Solutions
By filling out the appropriate purchase order forms, you have the opportunity to acquire, or try to acquire, specific products and/or services from the Website. The descriptions of the products and/or services featured on the Website may be provided directly by the manufacturers or distributors of those items. TheSoftware cannot guarantee the accuracy or completeness of these descriptions. You acknowledge and agree that TheSoftware is not responsible for any difficulties you may encounter in obtaining products and/or services from the Website, or for any disputes with the sellers, distributors, or end-user consumers of the products. You also acknowledge and agree that TheSoftware will not be held liable to you or any third party for any claims related to any of the products and/or services offered on the Website.
Overall
When signing up for the Services, you are required to provide certain information, including but not limited to: (a) your complete name; (b) company name; (c) email address; (d) mailing address (and billing address if different); (e) home telephone number; (f) work telephone number; (g) fax number; (h) credit card details; and/or (i) any other details requested on the registration form (
By acknowledging this statement, you are consenting to any future offer(s) presented on the platform that enhance the current features being subject to the Agreement. You acknowledge that TheSoftware bears no responsibility for any hindrance in utilizing the Services, and shall not be held liable for any changes, suspensions, or terminations of the Services or other offerings. In the event of termination, MTS Advertise OU holds no liability towards you. Your refusal to use the Website is your sole recourse in the event of any disputes with TheSoftware.
COMPETITION
Occasionally, TheSoftware runs contests with exciting prizes and rewards. To be eligible to win, simply fill out the contest registration form with accurate information and agree to the official rules. Only entries with complete and truthful registration data will be considered. TheSoftware reserves the right to reject any incomplete, fraudulent, or duplicate registration data. Criteria for registration data may be subject to change at any time.
LIMITED ACCESS PERMISSION
By accessing and using the Website, you are granted a restricted, non-transferable, and revocable permission to use the Website, its Content, and related materials as outlined in the Agreement. TheSoftware reserves the right to revoke this permission at any time and for any reason. You may only use the Website and its Content on a single computer for your personal, non-commercial use. Reproduction of any part of the Website, Content, Contests, and/or Services in any format or integration into any electronic or mechanical information retrieval system is prohibited. You are not permitted to copy, imitate, replicate, rent, sell, modify, decompile, disassemble, reverse engineer, or transfer the Website, Content, Contests, and/or Services or any portion thereof. TheSoftware retains all rights not explicitly granted in the Agreement. You are prohibited from using any device, software, or routine to disrupt or attempt to disrupt the proper functioning of the Website. Furthermore, you may not take any action that places an unreasonable or disproportionately heavy burden on TheSoftware’s infrastructure. Your permission to use the Website, Content, Contests, and/or Services is not transferable.
EXCLUSIVE OWNERSHIP
All the elements and aspects of the Website, including but not limited to the design, layout, and digital content, are protected by copyright, trademark, and other proprietary rights. Unauthorized reproduction, distribution, or sale of any part of the Website and its services is prohibited. Any automated retrieval of material for the purpose of creating databases or directories is also strictly prohibited without written consent. Users do not have ownership rights to any of the content, software, or materials on the Website. The presence of TheSoftware’s name, logo, and trademarks on the Website does not waive any rights associated with them. TheSoftware’s trademarks and those of other owners on the Website are strictly protected and their use without consent is prohibited.
USAGE OF HYPERLINKS, CO-BRANDING, AND MENTIONING THE WEBSITE IS RESTRICTED
Without explicit authorization from TheSoftware, linking the Website or any of its parts (including logos, trademarks, branding or copyrighted material) to another website or web venue is prohibited. Additionally,
MODIFYING, REMOVING, AND ADJUSTING
We maintain the discretion to modify or remove any documents, data, or other content displayed on the Website at our discretion.
LEGAL NOTICE
The content provided on this website, including services, contests, and any third-party products, is given to you on an ‘as is’ and ‘as available’ basis. We disclaim all warranties, express and implied, to the fullest extent permissible under applicable law. This includes, but is not limited to, any warranties of merchantability, non-infringement of intellectual property, and fitness for a particular purpose. We make no guarantee that the website, services, contests, or any products obtained through the website will meet your requirements, be uninterrupted, timely, secure, or error-free. We are not liable for any bugs, errors, or other limitations in the website, services, contests, or products. We do not guarantee the availability of the underlying internet connection associated with the website. Any advice or information obtained from the website does not create any warranty not expressly stated in the agreement.
NOTICE OF RESPONSIBILITY FOR DOWNLOAD-INDUCED HARM
Visitors assume full responsibility for the downloads obtained from the Website. The software does not guarantee that such downloads are devoid of harmful computer codes, such as viruses and worms.
RESTRICTION OF LIABILITY
YOU FULLY UNDERSTAND AND ACCEPT THAT TheSoftware WILL NOT BE RESPONSIBLE TO YOU OR ANY OTHER 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 PLATFORM, SERVICES, COMPETITIONS, 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 PLATFORM; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE PLATFORM; (C) THE FAILURE TO QUALIFY FOR THE COMPETITIONS, 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 PLATFORM, SERVICES, COMPETITIONS, 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 PLATFORM. THIS RESTRICTION 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 AGREEMENT BETWEEN YOU AND TheSoftware. THE INABILITY TO USE THE PLATFORM, SERVICES, COMPETITIONS, 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 PLATFORM WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH RESTRICTIONS.
REIMBURSEMENT
By accepting these terms, you agree to reimburse and protect TheSoftware and its affiliated entities, as well as their officers, employees, and partners, from any claims, expenses, damages, or legal fees resulting from your use of the website, services, or content, your breach of the agreement, or your infringement of another individual or entity’s rights. This provision applies to TheSoftware, its affiliates, and their respective officers, directors, employees, shareholders, licensors, suppliers, and attorneys.
EXTERNAL LINKS DISCLAIMER
Our website may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible for the availability of such third-party websites and resources, and we do not endorse, nor are we responsible for, any content, advertising, products, or other materials on or available from such websites or resources. Any damages or losses caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites and resources are solely at your own risk.
TERMS OF PRIVACY/VISITOR INFORMATION
By accessing and using the Website, you agree to abide by our Privacy Policy. Any data, feedback, or materials you share with the Website are also governed by our privacy terms. We may utilize your usage data and personal information as outlined in our Privacy Policy. For more details, please visit our Privacy Policy page.
LEGAL NOTICE
Any attempt by any person, whether or not a user of TheSoftware, to harm, disrupt, alter, or interfere with the functioning of the website, is a violation of both criminal and civil law. TheSoftware will pursue all available legal and equitable remedies against any individual or entity that engages in such behavior.
CHOICE OF JURISDICTION AND LAW
All disputes related to this Agreement are subject to the jurisdiction and laws of Latvia. Any decision made will be final, and can be enforced in any court. Parties are not prohibited from seeking injunctive relief to protect their rights during arbitration. You agree not to participate in any class action lawsuit against TheSoftware, and agree to cover their legal costs in seeking such relief. This Agreement does not waive your right to pursue individual claims in arbitration. The provision against class action lawsuits is a separate agreement. If any part of the Agreement is deemed invalid, the rest of the agreement remains in full force and effect.