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

To use the Website, you must agree to the terms and conditions outlined in the Agreement. This Agreement is the only agreement between you and TheSoftware regarding your use of the Website. It replaces all previous agreements, representations, warranties, and/or understandings concerning the Website. We have the authority to amend the Agreement without providing specific notice to you. The latest version of the Agreement will be posted on the Website, and you should 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 in the current Agreement. Therefore, it is important to regularly check this page for any updates or changes.

REQUIREMENTS

To access the Website and Services, you must be able to enter into legally binding contracts under the applicable law. Please note that the Website and Services are not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission to access or use the Website and Services.

DESCRIPTION OF THE SERVICES

Subscription Services

Subject to the terms and conditions of the Agreement, upon registration on the Website and approval from TheSoftware, you can receive the Subscription Services. These services may be obtained for a fee or for no fee and will provide you with e-mail content, text, and other relevant materials (referred to as “Subscription Content”) related to online marketing. The Subscription Content is provided by TheSoftware and its third party partners (known as “Third Party Providers”). If you wish to discontinue receiving the Subscription Content, you can email us at [email protected]. Please note that the Subscription Content may include comments, opinions, and/or other materials which are provided by TheSoftware and Third Party Providers. It is advised that you exercise caution, common sense, and safety when using the Subscription Content and/or Subscription Services. You agree that TheSoftware shall not have any obligations or liabilities to you in connection with such Subscription Content. TheSoftware does not guarantee the accuracy, completeness, or appropriateness of the Subscription Content made available in relation to the Subscription Services.

Membership Services

Subject to the terms and conditions of the Agreement and the Membership Agreement, upon registration on the Website, agreement to the Membership Agreement, and approval from TheSoftware, you can obtain a Membership in one of the various Membership programs offered by MTS Advertise OU. This membership may be acquired for a fee or for no fee. For a copy of the Membership Agreement, please visit the specific Membership website. TheSoftware Membership programs provide access to content, text, and other materials (referred to as “Member Content” and, together with the Subscription Content, as the “Content”) designed to assist Members in their online marketing endeavors. The Member Content is provided by TheSoftware and certain Third Party Providers. It is important to note that the Member Content may include comments, opinions, and other materials provided by TheSoftware and Third Party Providers, which should not be solely relied upon.

Vendor Services

To obtain certain products and/or services from the Website, you can complete the relevant purchase order forms. These products and/or services may have descriptions provided directly by the manufacturers or distributors who are Third Party Providers. The accuracy or completeness of these item descriptions is not guaranteed by TheSoftware. You acknowledge that TheSoftware is not liable 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. Furthermore, you agree that TheSoftware shall not be held liable for any claims made in connection with the products and/or services offered on the Website.

General

When registering for the Services, you may need to provide certain information, which could include (but is not limited to): (a) your full name; (b) company name; (c) e-mail address; (d) mailing address (and billing address if different); (e) home telephone number; (f) work telephone number; (g) telecopier number; (h) credit card information; and/or (i) any other information requested on the applicable registration form (“Service Registration Data”).

Unless explicitly stated otherwise, any future offers that enhance or add to the current features of the Website will be subject to the Agreement. You understand and agree that TheSoftware is not responsible or liable for any difficulties you may have in using and/or qualifying for the Services. Additionally, you acknowledge that TheSoftware shall not be held liable for any modification, suspension, or discontinuation of any Services or other product.

CONTESTS

TheSoftware occasionally offers Contests where participants have the opportunity to win promotional prizes and other awards. By providing accurate information on the Contest registration form and agreeing to the Official Contest Rules, you can enter for a chance to win the prizes offered. To participate in a Contest featured on the Website, you must complete the corresponding entry form and ensure the accuracy, currency, and completeness of the Contest Registration Data.

LICENSE GRANT

As a user of the Website, you are granted a limited, non-transferable, revocable license to access and use the Website, Content, and associated material. TheSoftware reserves the right to terminate this license at its discretion. You may use the Website and Content for personal, non-commercial purposes on one computer. Reproduction of any part of the Website, Content, Contests, and/or Services, whether in electronic or mechanical form, is strictly prohibited. Additionally, you may not 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 under applicable copyrights, trademarks, and other proprietary rights. Any copying, redistribution, publication, or sale of any part of the Website, Content, Contests, and/or Services is strictly prohibited. Automated retrieval of material from the Website, Content, Contests, and/or Services to create a collection, compilation, database, or directory without written permission is prohibited. You do not acquire ownership rights to any content, document, software, services, or materials viewed at or through the Website, Content, Contests, and/or Services.

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

Hyperlinking the Website, or portions thereof, to another website or web venue without express authorization is prohibited. Additionally, framing the Website or referencing its URL in any media without prior written permission is strictly prohibited. You agree to cooperate with the Website in removing any such content or activity and acknowledge liability for associated damages.

EDITING, DELETING AND MODIFICATION

We have the authority to modify or remove any documents, information, or other content displayed 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 OFFERED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WE MAKE NO GUARANTEE 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;}

TheSoftware provides a disclaimer for any harm caused by downloads on the Website. Visitors are responsible for their own risk when downloading information. TheSoftware cannot guarantee that these downloads are free from harmful computer codes, such as viruses and worms.

TheSoftware limits its liability in the following ways:

According to the terms, TheSoftware is not liable to you or any third party for any damages, including but not limited to direct, indirect, incidental, special, consequential, and exemplary damages. These damages may include 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 applies to the fullest extent permitted by law. The damages can arise from various factors including, but not limited 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 obtained through the Website; (B) the cost of acquiring substitute goods and services made necessary by any goods, data, information, and/or services purchased or obtained from the Website or transactions entered into through it; (C) the 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

You are responsible for compensating and protecting TheSoftware, their parents, subsidiaries, affiliates, members, officers, directors, employees, agents, co-branders, and other partners from any claims, expenses, damages, suits, costs, demands, judgments, or attorneys’ fees made by any third party due to your use of the Website, Services, Content, or participation in any Contest, your violation of the Agreement, or your infringement on the rights of others. TheSoftware, their parents, subsidiaries, affiliates, officers, directors, members, employees, agents, shareholders, licensors, suppliers, and attorneys have the right to directly enforce these provisions against you.

THIRD PARTY WEBSITES

The Website may contain links to other websites or resources owned and operated by Third Party Providers. TheSoftware is not responsible for the availability of such third party websites or resources and does not endorse or take any responsibility or liability for the terms and conditions, privacy policies, content, advertising, services, products, or other materials on or available from those websites or resources. Any damages or losses arising from your use of those third party websites or resources are not the responsibility of TheSoftware.

PRIVACY POLICY/VISITOR INFORMATION

Your use of the Website, including any comments, feedback, information, Registration Data, or materials you submit, is subject to our Privacy Policy. We may use the information related to your usage of the Website and any other personally identifiable information you provide in accordance with our Privacy Policy. You can view our Privacy Policy by clicking here.

Engaging in activities that aim to cause harm, damage, tamper with, vandalize, or disrupt the functioning of the Website, whether or not one is a customer of TheSoftware, is considered a violation of both criminal and civil laws. TheSoftware will actively pursue all available legal and equitable remedies against any individual or entity found responsible for such offenses.

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 resulting awards will be considered final and binding, and can be enforced in any court with competent jurisdiction. This provision does not prevent any party from seeking injunctive relief to protect its rights during arbitration. To the extent permitted by law, you agree that you will not join or participate in any class action lawsuit against TheSoftware, including its legal representatives, affiliates, subsidiaries, parents, agencies, and their respective members, officers, directors, employees, and agents. You also agree that injunctive relief may be sought to halt such a lawsuit or remove you as a participant.