Please take the time to read these important WEBSITE TERMS OF USE for the Software.
We appreciate your visit to the Website, where you can find the link to these Terms Of Use. The Software is the Internet property of TheSoftware. We, collectively referred to as “TheSoftware,” “we” and “us,” require you to abide by these Terms of Use in their entirety in the following situations: (a) accessing the Website; (b) registering for a newsletter or subscribing to a mailing list or requesting information through the Website’s “Subscription Services”; (c) registering to participate in promotions, contests, and/or sweepstakes offered by TheSoftware intermittently referred to as a “Contest”; (d) joining, or attempting to join, an affiliate program or other membership organization highlighted on the Website, defined as “Membership Services”; and/or (e) ordering a product and/or service through the Website, classified as “Vendor Services.” The “Services” encompass the Subscription Services, Membership Services, and Vendor Services. TheSoftware Privacy Policy (“Privacy Policy”), the Official Contest Rules for each Contest, TheSoftware Purchase Agreement(s) (“Purchase Agreement”), TheSoftware Membership Agreement(s) (“Membership Agreement”), as well as other operating rules, policies, price schedules, and other supplemental terms and conditions or documents that may be published periodically, are explicitly incorporated into this agreement (collectively referred to as the “Agreement”). We urge you to review all the terms and conditions in the Agreement carefully. If you do not consent to the Agreement in its entirety, you are not authorized to use the Services and/or Website in any way or form.
TheSoftware explicitly forbids access to the Website and/or Services to any individual falling under the coverage of the Children’s Online Privacy Protection Act of 1998, as amended (“COPPA”). TheSoftware reserves the sole and exclusive right to deny access to the Services and/or Website to any individual at its discretion.
SCOPE AND MODIFICATION OF THE AGREEMENT
You hereby agree to abide by the terms and conditions as outlined in the Agreement regarding your utilization of the Website. This Agreement constitutes the sole and comprehensive understanding between you and TheSoftware regarding your usage of the Website, superseding any prior or contemporaneous agreements, representations, warranties, and/or understandings concerning the Website. TheSoftware reserves the right to make amendments to the Agreement at its sole discretion, without explicit notice to you. The most up-to-date version of the Agreement will be published on the Website, and it is your responsibility to review the Agreement before using the Website. By continuing to use the Website and/or Services, you acknowledge your adherence to all the terms and conditions specified in the Agreement that are effective at that particular time. Therefore, it is advisable to periodically check this page for any updates and/or changes.
REQUIREMENTS
The Website and Services are exclusively intended for individuals who have the legal capacity to enter into binding contracts as dictated by applicable law. It is important to note that the Website and Services are not designed for individuals who are below the age of eighteen (18). If you are under the age of eighteen (18), you are strictly prohibited from accessing and/or using the Website and/or Services.
DESCRIPTION OF THE SERVICES
Subscription Services
Subject to the terms and conditions of the Agreement, you can acquire Subscription Services by registering on the Website and obtaining approval from TheSoftware. These Subscription Services may be obtained for a fee or free of charge. They provide e-mail content, text, and other materials known as ‘Subscription Content,’ which are relevant to online marketing. Such content is provided by TheSoftware and its Third Party Providers. If you wish to stop receiving the Subscription Content, you can simply email us at [email protected]. However, please note that the Subscription Content may contain comments, opinions, and/or other materials that are offered by TheSoftware and Third Party Providers, and should not be solely relied upon. Exercise caution, use common sense, and practice safety when using the Subscription Content and/or Subscription Services. You acknowledge that TheSoftware has no obligations or liabilities in connection with the Subscription Content. TheSoftware does not guarantee the accuracy, completeness, or appropriateness of the Subscription Content available with the Subscription Services.
Membership Services
Subject to the terms and conditions of the Agreement and the Membership Agreement, you can obtain a Membership in one of the various Membership programs offered by MTS Advertise OU by registering on the Website, agreeing to the Membership Agreement, and receiving approval from TheSoftware. These Memberships can be acquired for a fee or free of charge. For a copy of the Membership Agreement, please visit the specific Membership website. TheSoftware Membership programs grant you access to content, text, and other materials referred to as ‘Member Content.’ These materials, along with the Subscription Content, form the ‘Content’ and are provided by TheSoftware and certain Third Party Providers. The Member Content contains comments, opinions, and other materials offered by TheSoftware Third Party Providers, and should not be solely relied upon.
Vendor Services
By completing the purchase order forms provided, you can acquire or attempt to acquire specific products and/or services from the Website. The descriptions of these items are supplied directly by the manufacturers or distributors who are Third Party Providers. The accuracy and completeness of these descriptions are not guaranteed by TheSoftware. Any difficulty you encounter in obtaining products and/or services from the Website, or any disputes with sellers, distributors, or end-user consumers, are not the responsibility of TheSoftware. TheSoftware is also not liable for any claims made by you or any third party in connection with the products and/or services offered on the Website.
General
When registering for the Services, you may be required to provide various information, including but not limited to: (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 specified on the registration form (referred to as “Service Registration Data”).
Unless explicitly stated otherwise, any future offers that enhance or expand the current features of the Website will be subject to the Agreement. TheSoftware is not liable for any difficulties in using or qualifying for the Services. TheSoftware is also not liable for any modifications, suspensions, or discontinuations of any Services or other products, which may occur.
CONTESTS
TheSoftware occasionally offers promotional prizes and other awards through Contests. By providing accurate information and agreeing to the Official Contest Rules, you can participate in each Contest for a chance to win the offered prizes. To enter a Contest on the Website, you must complete the applicable entry form and provide truthful, current, and complete Contest Registration Data.
LICENSE GRANT
As a user of the Website, you have a limited and revocable license to access and use the Website, Content, and associated materials in accordance with the Agreement. TheSoftware can terminate this license at any time for any reason. You may only use the Website and Content on one computer for personal, non-commercial purposes. The reproduction or incorporation of any part of the Website, Content, Contests, and/or Services into any electronic or mechanical information retrieval system is prohibited. Additionally, 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 portion thereof.
PROPRIETARY RIGHTS
The Website, Content, Contests, and Services are protected by copyrights, trademarks, and other proprietary rights. You are strictly prohibited from copying, redistributing, publishing, or selling any part of them. It is not allowed to systematically retrieve material from the Website, Content, Contests, and Services using automated means or any form of scraping or data extraction without written permission from TheSoftware. You do not gain ownership rights to any content, document, software, services, or other materials accessed through them.
HYPERLINKING TO THE WEBSITE, CO-BRANDING, “FRAMING” AND/OR REFERENCING THE WEBSITE PROHIBITED
You are not allowed to hyperlink the Website, or parts of it (including logos, trademarks, branding, or copyrighted material), to your website or web venue without express authorization from TheSoftware. Using the Website’s URL in commercial or non-commercial media without prior written permission is strictly prohibited. You agree to cooperate with the Website in removing or ceasing any such unauthorized content or activity. You acknowledge your liability for any associated damages.
EDITING, DELETING AND MODIFICATION
We retain the right to modify or delete any documents, information, or other content that appears on the Website.
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. 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 FITNESS FOR A PARTICULAR PURPOSE). SPECIFICALLY, BUT WITHOUT LIMITATION, 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;
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitors download information from the Website at their own risk. TheSoftware makes no guarantee that such downloads are free of damaging computer codes such as viruses and worms.
LIMITATION OF LIABILITY
YOU FULLY UNDERSTAND AND AGREE THAT TheSoftware SHALL NOT BE HELD 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 BRIGHTEST EXTENT ALLOWED 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;
INDEMNIFICATION
You agree to indemnify and hold TheSoftware, each of their parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website, Services, Content and/or entry into any Contest; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of TheSoftware, each of their parents, subsidiaries and/or affiliates, and each of their respective 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 provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, those owned and operated by Third Party Providers. Because TheSoftware has no control over such third party websites and/or resources, you hereby acknowledge and agree that TheSoftware is not responsible for the availability of such third party websites and/or resources. Furthermore, TheSoftware does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
PRIVACY POLICY/VISITOR INFORMATION
Use of the Website, and all comments, feedback, information, Registration Data and/or materials that you submit through or in association with the Website, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Website, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, please Click Here.
LEGAL WARNING
Interfering with the Website’s operation, whether by TheSoftware customers or non-customers, is a breach of criminal and civil laws. TheSoftware will take necessary legal action against any individual or entity that attempts to damage, destroy, tamper with, vandalize, or interfere with the Website’s operation.
CHOICE OF LAW/VENUE
Any disputes arising from the Agreement will be governed by Estonia’s laws. The final and conclusive award may be enforced in any competent court. Both parties may seek injunctive relief to protect their rights until the arbitration is resolved. You agree not to be involved in any class action lawsuit against TheSoftware, its legal representatives, affiliates, subsidiaries, parents, agencies, and their members, officers, directors, employees, and agents. You consent to the use of injunctive relief to halt such a lawsuit or remove you as a participant.