The Software WEBSITE TERMS OF USE IMPORTANT – PLEASE READ

Thank you for visiting the website (the “Website”) on which you found the link to these Terms Of Use (the “Website”). The Website is an Internet property of TheSoftware. (referred to collectively as “TheSoftware,” “we” and “us”). You agree to be bound by these TheSoftware Website Terms of Use (“Terms of Use”), in their entirety, when you: (a) access the Website; (b) register for a newsletter or subscribe to a mailing list or request information by and through the Website (“Subscription Services”); (c) register to participate in promotions, contests and/or sweepstakes offered by TheSoftware from time to time (each, a “Contest”); (d) join, or attempt to join, an affiliate program or other membership organization featured on the Website (“Membership Services”); and/or (e) order a product and/or service through the Website (“Vendor Services, and together with the Subscription Services and Membership Services, the “Services”). TheSoftware Privacy Policy (“Privacy Policy”), the Official Contest Rules applicable to each Contest, TheSoftware Purchase Agreement(s) (“Purchase Agreement”), TheSoftware Membership Agreement(s) (“Membership Agreement”), as well as any other operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the complete terms of the Agreement carefully. 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 SPECIFICALLY DENIES ACCESS TO THE WEBSITE AND/OR SERVICES BY ANY INDIVIDUAL THAT IS COVERED BY THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998, AS AMENDED (“COPPA”). TheSoftware RESERVES THE RIGHT TO DENY ACCESS TO THE SERVICES AND/OR WEBSITE TO ANY INDIVIDUAL, IN ITS SOLE AND EXCLUSIVE DISCRETION.

SCOPE AND MODIFICATION OF THE AGREEMENT

According to the Agreement, you are agreeing to the terms and conditions outlined in relation to your use of the Website. This Agreement is the only agreement between you and TheSoftware regarding your use of the Website, and it supersedes all prior or contemporaneous agreements, representations, warranties, and/or understandings regarding the Website. The Agreement may be amended by us at any time without specific notice to you. The most recent version of the Agreement will be posted on the Website, and it is advised that you review it before using the Website. By continuing to use the Website and/or Services, you are agreeing to comply with all the terms and conditions stated in the current version of the Agreement. Therefore, it is recommended that you regularly check this page for any updates and/or changes.

REQUIREMENTS

The Website and Services can only be accessed and used by individuals who are legally capable of entering into binding contracts under applicable 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 permitted to use and/or access the Website and/or Services.

DESCRIPTION OF THE SERVICES

Subscription Services

Subject to the terms and conditions of the Agreement, upon registration and approval from TheSoftware, you can access the Subscription Services. These services offer e-mail content, text, and other materials (referred to as “Subscription Content”) related to online marketing from TheSoftware and its Third Party Providers. If you wish to stop receiving the Subscription Content, kindly email us at [email protected]. Please be aware that the Subscription Content includes comments, opinions, and other materials from TheSoftware and Third Party Providers, and should be used with caution. TheSoftware is not responsible or liable for the Subscription Content’s accuracy, completeness, or appropriateness.

Membership Services

Subject to the terms and conditions of the Agreement and the Membership Agreement, by registering on the Website, agreeing to the Membership Agreement, and receiving approval from TheSoftware, you can obtain a Membership in one of MTS Advertise OU’s various Membership programs. These programs may involve a fee or be free of charge. To access the Membership Agreement, please visit the website corresponding to the specific Membership program. TheSoftware Membership programs provide Members with access to content, text, and other materials (referred to as “Member Content” alongside the Subscription Content). These resources are designed to assist Members in their online marketing endeavors. The Member Content includes comments, opinions, and other materials from TheSoftware Third Party Providers, and should be used with caution and not solely relied upon.

Vendor Services

By completing the relevant purchase order forms, you can acquire or seek to acquire certain products and/or services from the Website. Descriptions of the featured 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 understand 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.

General

When registering for the Services, you may be required to provide certain information, which may include (a) your full name, (b) company name, (c) email address, (d) mailing address (and separate billing address, if applicable), (e) home telephone number, (f) work telephone number, (g) fax number, (h) credit card details, and/or (i) any other information requested on the registration form (“Service Registration Data”).

Unless explicitly stated otherwise, any future offers made available to you on the Website that enhance or expand the current features of the Website will be subject to the Agreement. You understand and agree that TheSoftware is not responsible or liable in any way for your inability to use and/or qualify for the Services. You understand and agree that TheSoftware will not be held liable to you or any third party for any changes, suspensions, or discontinuations of any Services or other products.

CONTESTS

Promotional prizes and other awards are occasionally offered by TheSoftware through Contests. By providing accurate and honest information on the Contest registration form and agreeing to the Official Contest Rules, you can participate in the Contests and have a chance to win the promotional prizes. To enter a Contest on the Website, you must first complete the relevant entry form with true, accurate, current, and complete Contest Registration Data.

LICENSE GRANT

As a user of the Website, you are granted a limited, non-transferable, non-exclusive, and revocable license to access and use the Website, Content, and associated material in accordance with the Agreement. TheSoftware reserves the right to terminate this license at its discretion. You may use the Website and Content on one computer for your personal, non-commercial use. The reproduction of any part of the Website, Content, Contests, and/or Services, or its incorporation into any electronic or mechanical information retrieval system, is strictly prohibited. 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.

PROPRIETARY RIGHTS

The Website, Content, Contests, and Services contain protected proprietary rights including copyrights and trademarks. Any copying, redistribution, publication, or sale of any part of the Website, Content, Contests, and/or Services is strictly prohibited. Retrieving material from the Website, Content, Contests, and/or Services through automated means or any form of scraping or data extraction to create a collection, compilation, database, or directory without written permission from TheSoftware is prohibited. You do not own any rights to the content, documents, software, services, or other materials found on or through the Website, Content, Contests, and/or Services.

HYPERLINKING TO THE WEBSITE, CO-BRANDING, “FRAMING” AND/OR REFERENCING THE WEBSITE PROHIBITED

No one is allowed to hyperlink the Website or any part of it, including logotypes, trademarks, branding, or copyrighted material, to their own website or web venue without express authorization from TheSoftware. Framing the Website or referencing its URL in any commercial or non-commercial media without prior written permission from TheSoftware is strictly prohibited. You agree to cooperate with the Website in removing any such content or activity and acknowledge your liability for any associated damages.

EDITING, DELETING AND MODIFICATION

Our sole discretion allows us to make changes or remove any documents, information or other content displayed on the Website.

DISCLAIMER

The Website, services, contests, content, any third-party products you receive from our third-party providers, and any other products and services you apply for on the Website are provided to you on an ‘as is’ and ‘as available’ basis. Any warranties, whether express or implied, are fully disclaimed to the extent permitted by applicable law. This includes disclaiming any warranties of merchantability, non-infringement of intellectual property, and fitness for a particular purpose. Specifically, TheSoftware makes no warranty that: (A) the Website, services, contests, content, any third-party products you receive from our third-party providers, and any other products and services you apply for on the Website will meet your requirements.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Downloading information from the Website is done at the Visitors’ own risk. TheSoftware does not guarantee that these downloads are free from harmful computer codes such as viruses and worms.

LIMITATION OF LIABILITY

By using the Website, you explicitly understand and agree that TheSoftware shall not be held accountable for any direct, indirect, incidental, special, consequential and/or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses, even if TheSoftware has been informed of the possibility of such damages. This limitation of liability is applicable to the fullest extent permitted by law in relation to: (A) the use or inability to use the Website, services, contests, content, any third-party products received from our third-party providers, and/or any other products and/or services applied for through the Website; (B) the cost of acquiring 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) failure to qualify for contests, services, or third-party products from any of our third-party providers, or any subsequent denial of third-party products from the same;

INDEMNIFICATION

By using the Website, Services, Content, and/or participating in any Contest, you agree to indemnify and hold TheSoftware, their parents, subsidiaries, affiliates, 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 your breach of the Agreement, and/or your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of TheSoftware, their parents, subsidiaries, and/or affiliates, and their officers, directors, members, employees, agents, shareholders, licensors, suppliers, and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

THIRD PARTY WEBSITES

The Website may contain links to other Internet websites and/or resources owned and operated by Third Party Providers. Please note that TheSoftware has no control over these third party websites and/or resources. Therefore, you acknowledge and agree that TheSoftware is not responsible for the availability of these third party websites and/or resources. Moreover, TheSoftware does not endorse or assume any responsibility for the terms and conditions, privacy policies, content, advertising, services, products, and/or other materials provided by these third party websites or resources, nor for any damages and/or losses arising from your use of them.

PRIVACY POLICY/VISITOR INFORMATION

When you use the Website or submit any comments, feedback, information, Registration Data, and/or materials, you are subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Website and any personally identifiable information provided by you in accordance with our Privacy Policy. To view our Privacy Policy, please click here.

Engaging in any activity that may cause damage, destruction, tampering, vandalism, or interference with the operation of the Website, whether or not you are a TheSoftware customer, is a violation of criminal and civil law. TheSoftware is committed to taking prompt and vigorous action against any individual or entity found engaging in such activities. We will exhaust all available legal and equitable remedies against the offending party to the fullest extent permitted by law.

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, regardless of conflict of law principles. Any award granted will be final and binding on the parties, and a judgment based on the award may be entered in any court with jurisdiction. This provision does not prevent any party from seeking injunctive relief to protect its rights while awaiting arbitration. To the extent permitted by law, you agree not to bring, 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. You also agree to the granting of injunctive relief to halt such a lawsuit or to remove you as a participant in the lawsuit.