Please carefully read and understand the Software WEBSITE TERMS OF USE as it is important.

We appreciate your visit to our website (referred to as the ‘Website’) and your interest in the Terms of Use provided here. The Website is owned by TheSoftware. When accessing the Website, registering for a newsletter or subscribing to a mailing list, requesting information through the Website (collectively known as ‘Subscription Services’), participating in contests (referred to as ‘Contests’) by TheSoftware, attempting to join an affiliate program or membership organization featured on the Website (known as ‘Membership Services’), and/or ordering a product or service through the Website (known as ‘Vendor Services,’ along with Subscription Services and Membership Services referred to as the ‘Services’), you agree to abide by these Terms of Use.

TheSoftware strictly denies access to the Services and/or Website to any individual protected under the Children’s Online Privacy Protection Act of 1998, as amended (COPPA). Furthermore, TheSoftware reserves the right to deny access to the Services and/or Website to any individual at its sole and exclusive discretion.

The Agreement’s Scope and Modification

By using the Website, you agree to abide by the terms and conditions stated in the Agreement. The Agreement is the sole and complete agreement between you and TheSoftware regarding the use of the Website, superseding all previous or contemporaneous agreements, representations, warranties, and/or understandings related to the Website. We may, at our sole discretion, amend the Agreement without providing specific notice to you. Any updates or changes to the Agreement will be posted on the Website, and it is your responsibility to review it before using the Website. By continuing to use the Website and/or Services, you confirm your compliance with the terms and conditions outlined in the current Agreement. Therefore, it is advisable to regularly check this page for any updates or changes.

Requirements

The Website and Services are exclusively available to individuals who can enter into legally binding contracts as per applicable law. They are not intended for individuals under the age of eighteen (18). If you are under eighteen (18), you are not authorized to access or use the Website and/or Services.

DESCRIPTION OF THE SERVICES

Subscription Services

Subject to the terms and conditions of the Agreement, upon registering on the Website and receiving approval from TheSoftware, you can obtain or attempt to obtain the Subscription Services either for a fee or for no fee. These Subscription Services will provide you with relevant e-mail content, text, and other 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, please email us at [email protected]. Please note that the Subscription Content contains comments, opinions, and/or other materials provided by TheSoftware and Third Party Providers, and should not be solely relied upon. It is important that you exercise caution, use common sense, and prioritize safety when utilizing the Subscription Content and/or Subscription Services. You acknowledge that TheSoftware assumes no obligations and incurs no liabilities to you in connection with any such Subscription Content. TheSoftware does not guarantee that the Subscription Content made available in connection with the Subscription Services is accurate, complete, or appropriate.

Membership Services

Subject to the terms and conditions of the Agreement and the Membership Agreement, upon registering on the Website, agreeing to the Membership Agreement, and receiving approval from TheSoftware, you can obtain or attempt to obtain a Membership in one of the various Membership programs offered by MTS Advertise OU, either for a fee or for no fee. To obtain a copy of the Membership Agreement, please visit the website specific to the Membership program you are interested in. TheSoftware Membership programs will grant you access to content, text, and other materials (referred to as “Member Content”) provided by TheSoftware and certain Third Party Providers. These materials are designed to assist Members in their online marketing endeavors. The Member Content includes comments, opinions, and other materials provided by TheSoftware Third Party Providers, and should not be solely relied upon.

Vendor Services

By completing the purchase order forms, you can obtain or attempt to obtain products and/or services from the Website. The descriptions of these items are provided by the manufacturers or distributors who are Third Party Providers. The accuracy or completeness of these descriptions is not guaranteed by TheSoftware. You acknowledge that TheSoftware is not liable for any issues or disputes related to your inability to acquire products and/or services from the Website or any disagreements with the sellers, distributors, or end-users of the products. You agree that TheSoftware shall not be held responsible for any claims arising from the products and/or services available on the Website.

General

During the registration process for the Services, you will need to provide certain information. This may include (but is not limited to): (a) 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 mentioned otherwise, any future offers on the Website that improve or expand the current features of the Website will be bound by the Agreement. TheSoftware is not responsible for any issues or disputes regarding your ability to use or qualify for the Services. TheSoftware shall not be held liable for any modifications, suspensions, or discontinuations of any Services or other products.

CONTESTS

Promotional prizes and other awards are occasionally offered through Contests by TheSoftware. By accurately providing information on the Contest registration form and agreeing to the Official Contest Rules, participants have a chance to win these promotional prizes. In order to enter the Contests featured on the Website, it is necessary to 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 license to access and use the Website, Content, and associated material in accordance with the Agreement. This license can be terminated by TheSoftware at any time and for any reason. For your own personal, non-commercial use, you may access and use the Website and Content on one computer. 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. 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 content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to the Website, Content, Contests, and Services are protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights. You are strictly prohibited from copying, redistributing, publishing, or selling any part of the Website, Content, Contests, and/or Services. TheSoftware prohibits the systematic retrieval of material from the Website, Content, Contests, and/or Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database, or directory without its written permission. By accessing the Website, Content, Contests, and/or Services, you do not acquire ownership rights to any content, document, software, services, or other materials.

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

No one is allowed to hyperlink the Website, or portions thereof (including, but not limited to, logotypes, trademarks, branding, or copyrighted material), to their website or web venue without the express authorization of TheSoftware. Additionally, the act of “framing” the Website and/or referencing the Uniform Resource Locator (“URL”) of the Website in any commercial or non-commercial media without the prior, express, written permission of TheSoftware is strictly prohibited. By agreeing to these terms, you agree to cooperate with the Website in removing or ceasing any such content or activity. You acknowledge that you will be held liable for any and all damages associated with such actions.

EDITING, DELETING AND MODIFICATION

Any documents, information or other content appearing on the Website may be edited or deleted at our sole discretion.

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. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, TheSoftware DOES NOT WARRANT 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

By downloading information from the Website, visitors acknowledge and accept the associated risks. TheSoftware does not guarantee that these downloads are free from computer codes that could cause corruption, including viruses and worms.

LIMITATION OF LIABILITY

You fully comprehend and agree that TheSoftware will not be held accountable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses. This exemption from liability applies to the fullest extent permitted by law under the following circumstances: (A) the use or inability to use the Website, Services, Contests, Content, any third-party products received from our third-party providers, or any other products and/or services applied for through the Website; (B) the costs incurred for obtaining substitute goods and services as a result of any goods, data, information, and/or services purchased or obtained from, or transactions entered into through, the Website; (C) failure to qualify for the Contests, Services, or Third-Party Products provided by any of our third-party providers, or any subsequent denial of Third-Party Products from the same.

INDEMNIFICATION

You are obligated to compensate and protect TheSoftware, its parents, subsidiaries, and affiliates, along with their respective members, officers, directors, employees, agents, co-branders, and other partners, from any claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demands, and judgments 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 of someone else’s rights. TheSoftware, its parents, subsidiaries, and/or affiliates, along with their respective 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 and/or references to other Internet websites and/or resources owned and operated by Third Party Providers. Although TheSoftware has no control over these third-party websites and/or resources, you acknowledge and agree that TheSoftware is not responsible for their availability. Additionally, TheSoftware does not endorse or accept liability for any terms and conditions, privacy policies, content, advertising, services, products, or other materials at or available from these third-party websites and resources, or for any damages or losses incurred as a result.

PRIVACY POLICY/VISITOR INFORMATION

Your use of the Website, along with any comments, feedback, information, Registration Data, or materials you submit through or in relation to the Website, is subject to our Privacy Policy. We reserve the right to use all information regarding your Website usage and any personally identifiable information you provide, in accordance with the terms of our Privacy Policy. You can view our Privacy Policy by clicking here.

Engaging in any action that may negatively impact or disrupt the functioning of the Website, regardless of whether you are a customer of TheSoftware or not, is considered a violation of both criminal and civil law. TheSoftware will vigorously pursue all available legal remedies against any individual or entity found responsible for such actions, to the maximum extent permitted by law and equity.

CHOICE OF LAW/VENUE

Any disputes arising from or relating to the Agreement will be governed by and interpreted in accordance with the laws of Estonia, without considering conflict of law principles. The decisions made will be final and binding for all parties involved, and can be enforced in any court with jurisdiction. This provision does not prevent any party from seeking immediate injunctive relief to safeguard their rights while awaiting arbitration proceedings. Additionally, you agree not to initiate, participate, or become a member of any class action lawsuit against TheSoftware, its legal representatives, affiliates, subsidiaries, parents, agencies, as well as their members, officers, directors, employees, and agents. You further consent to the granting of injunctive relief to halt such a lawsuit or to exclude you as a participant from the proceedings.