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

You acknowledge and agree to the terms and conditions stated in the Agreement which govern your utilization of the Website. The Agreement represents the complete and only understanding between you and TheSoftware in relation to your use of the Website, prevailing over any previous or contemporaneous agreements, representations, warranties, and/or understandings about the Website. We reserve the right to modify the Agreement at our sole discretion without providing specific notice to you. The most recent version of the Agreement will be published 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 hereby consent to abide by all the terms and conditions stated in the Agreement effective at that time. Therefore, we advise you to regularly check this page for any updates or changes.

REQUIREMENTS

Only individuals who are capable of entering into legally binding contracts under applicable law are authorized to access the Website and utilize the Services. The Website and Services are not designed for individuals under the age of eighteen (18). If you are below the age of eighteen (18), you are 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, upon registering on the Website and receiving approval from TheSoftware, you have the opportunity to acquire the Subscription Services, whether for a fee or free of charge. These Subscription Services encompass email content, text, and other materials (referred to as “Subscription Content”) pertaining to online marketing, supplied by both TheSoftware and its Third Party Providers. Should you wish to terminate the receipt of Subscription Content, please contact us at [email protected]. It is important to exercise caution, utilize common sense and prioritize safety when using the Subscription Content and/or Subscription Services. Any reliance on the Subscription Content is not guaranteed, as it may contain comments, opinions, and/or other materials from TheSoftware and Third Party Providers. By entering into this Agreement, you acknowledge that TheSoftware assumes no obligations and assumes no liabilities concerning the Subscription Content. The accuracy, completeness, and appropriateness of the Subscription Content provided through the Subscription Services are not warranted or represented by TheSoftware.

Membership Services

Subject to the terms and conditions specified in the Agreement and the Membership Agreement, upon registering on the Website, agreeing to the Membership Agreement, and obtaining approval from TheSoftware, you have the opportunity to acquire a Membership in any of the various Membership programs offered by MTS Advertise OU, either at a fee or for free. For a copy of the Membership Agreement, please refer to the website corresponding to the specific Membership. TheSoftware Membership programs grant you access to content, text, and other materials (referred to as “Member Content”, collectively with the Subscription Content, known as the “Content”) presented by TheSoftware and specific Third Party Providers. These materials are designed to support Members in their online marketing endeavors. Similar to the Subscription Content, the Member Content may contain comments, opinions, and other materials from TheSoftware and Third Party Providers, which should not be solely relied upon by Members.

Vendor Services

By completing the relevant purchase order forms, you can acquire or attempt to acquire various products and/or services from the Website. Descriptions of these products and/or services may be 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 and agree that TheSoftware is not responsible or 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 of the products. You also acknowledge and agree that TheSoftware shall not be held liable to you or any third party for any claims related to the products and/or services available on the Website.

General

When registering for the Services, you may be required to provide certain 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 requested on the relevant registration form (“Service Registration Data”).

Unless stated otherwise, any future offers that enhance or expand the current features of the Website will be subject to the Agreement. You acknowledge and agree that TheSoftware is not responsible or liable for any difficulties you may encounter in using or qualifying for the Services. You also acknowledge and agree that TheSoftware shall not be held liable to you or any third party for any modifications, suspensions, or discontinuations of the Services or any other product.

CONTESTS

Contests are occasionally offered by TheSoftware as a way to provide promotional prizes and awards. To participate in these Contests, you are required to fill out the Contest registration form accurately and agree to abide by the Official Contest Rules. By doing so, you will have a chance to win the prizes offered through each Contest. Before entering the Contests featured on the Website, you must complete the appropriate entry form, ensuring that the Contest Registration Data is true, accurate, current, and complete.

LICENSE GRANT

As a user, you have been granted a non-exclusive, non-transferable, revocable, and limited license to access and utilize the Website, Content, and associated material in compliance with the Agreement. TheSoftware retains the right to terminate this license at any time and for any reason. You may only use the Website and Content on a single computer for personal, non-commercial purposes. Reproducing any part of the Website, Content, Contests, and/or Services, or incorporating it into an electronic or mechanical information retrieval system, is strictly prohibited. You are not permitted 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 applicable copyrights, trademarks, and other proprietary rights. This includes the content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, and services related to them. It is strictly prohibited to copy, redistribute, publish, or sell any part of the Website, Content, Contests, and/or Services. Using automated means or any other form of scraping or data extraction to retrieve material from the Website, Content, Contests, and/or Services for the purpose of creating or compiling a collection, compilation, database, or directory without written permission from TheSoftware is prohibited. You do not acquire ownership rights to any content, document, software, services, or other materials accessed through the Website, Content, Contests, and/or Services.

HYPERLINKING TO THE WEBSITE, CO-BRANDING, ‘FRAMING’, AND/OR REFERENCING THE WEBSITE ARE PROHIBITED

No one may hyperlink the Website, or portions thereof (including logotypes, trademarks, branding, or copyrighted material), to their website or web venue without express authorization from TheSoftware. Framing the Website or referencing its URL in any commercial or non-commercial media without the prior written permission of TheSoftware is strictly prohibited. You agree to cooperate with the Website to remove or cease any such content or activity as requested. You acknowledge that you shall be held liable for any damages associated with such actions.

EDITING, DELETING AND MODIFICATION

We retain the right to modify or remove any documents, information, or other content present on the Website.

DISCLAIMER

THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS PROVIDED BY OUR THIRD PARTY PROVIDERS, AND ANY OTHER PRODUCTS AND SERVICES YOU APPLY FOR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. THIS INCLUDES WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WE DO NOT WARRANT THAT: (A) THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS PROVIDED BY OUR THIRD PARTY PROVIDERS, AND ANY OTHER PRODUCTS AND SERVICES YOU APPLY FOR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS;

DISCLAIMER FOR DAMAGE CAUSED BY DOWNLOADS

Visitors assume the risk of downloading information from the Website. TheSoftware does not guarantee that these downloads are free from harmful computer codes, including viruses and worms.

LIMITATION OF LIABILITY

YOU ACCEPT AND UNDERSTAND THAT TheSoftware WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY 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 (EVEN IF TheSoftware HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWED BY LAW FOR: (A) THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS RECEIVED FROM OUR THIRD PARTY PROVIDERS, AND ANY OTHER PRODUCTS AND SERVICES APPLIED FOR THROUGH THE WEBSITE; (B) THE COST OF ACQUIRING SUBSTITUTE GOODS AND SERVICES RESULTING FROM PURCHASES, DATA, INFORMATION, OR SERVICES OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (C) FAILURE TO QUALIFY FOR CONTESTS, SERVICES, OR THIRD PARTY PRODUCTS FROM OUR THIRD PARTY PROVIDERS, OR ANY SUBSEQUENT DENIAL OF THIRD PARTY PRODUCTS.

INDEMNIFICATION

You are responsible for compensating and protecting TheSoftware, their parents, subsidiaries, and affiliates, as well as their 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 a third party due to or arising from: (a) your use of the Website, Services, Content, and entry into any Contest; (b) your violation of the Agreement; and/or (c) your infringement of another individual’s and/or entity’s rights. TheSoftware, their parents, subsidiaries, and/or affiliates, as well as their officers, directors, members, employees, agents, shareholders, licensors, suppliers, and/or attorneys are entitled to enforce these provisions directly against you.

THIRD PARTY WEBSITES

The Website may contain links to and/or refer you to other Internet websites and/or resources, including those owned and operated by Third Party Providers. As TheSoftware has no control over such third-party websites and/or resources, you acknowledge and agree that TheSoftware is not responsible for their availability. Additionally, 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 present or accessible on such third-party websites or resources, or for any damages and/or losses arising from them.

PRIVACY POLICY/VISITOR INFORMATION

Your use of the Website, along with any comments, feedback, information, Registration Data, and/or materials that you submit through or in connection with the Website, is subject to our Privacy Policy. We reserve the right to utilize all information related to your use of the Website, as well as any other personally identifiable information provided by you, in accordance with the terms outlined in our Privacy Policy. To access our Privacy Policy, please click on the following link: [Insert Privacy Policy link here].

Engaging in any activities that aim to damage, destroy, tamper with, vandalize, or disrupt the functioning of the Website, whether or not you are a TheSoftware customer, is considered both a criminal and civil offense. TheSoftware will take all necessary action, within the boundaries of the law and fairness, to pursue remedies against any individual or entity found responsible for such actions.

CHOICE OF LAW/VENUE

Any disputes arising from or connected to the Agreement will be governed and interpreted in accordance with the laws of Estonia, without considering conflicts of law. Any final and conclusive awards will be enforceable in any competent court. This provision does not prevent any party from seeking urgent legal protection while waiting for arbitration outcomes. Subject to applicable laws, you agree not to bring 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, for any claims, disputes, or controversies you may have. You also consent to the granting of injunctive relief to halt such a lawsuit or to remove you from participating in the proceedings.