As stated in the Software WEBSITE TERMS OF USE, please read the following important information carefully.

Thank you for visiting the Website where you found the link to these Terms Of Use. The Website is owned by TheSoftware.

TheSoftware strictly prohibits access to the Website and/or Services by individuals who are covered by the Children’s Online Privacy Protection Act of 1998, as amended (COPPA). Additionally, TheSoftware reserves the right to deny access to the Services and/or Website to any individual, at its sole discretion.

SCOPE AND MODIFICATION OF THE AGREEMENT

You agree to the terms and conditions outlined in the Agreement regarding your utilization of the Website. The Agreement is the exclusive and sole agreement between you and TheSoftware concerning your usage of the Website and replaces any prior or contemporaneous agreements, representations, warranties, and/or understandings concerning the Website. TheSoftware may, at its sole discretion, modify the Agreement without providing specific notice to you. The most up-to-date version of the Agreement will be published on the Website, and it is advised that you review it prior to using the Website. By continuing to use the Website and/or Services, you hereby agree to abide by all the terms and conditions set forth in the Agreement applicable at that time. Consequently, it is recommended that you regularly visit this page for any updates and/or changes.

REQUIREMENTS

The Website and Services are exclusively accessible to individuals who can legally enter into binding contracts under applicable law. The Website and Services are not intended for individuals below the age of eighteen (18). If you are below the age of eighteen (18), you are not authorized 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, by registering on the Website and receiving approval from TheSoftware, you can obtain, or attempt to obtain, for a fee or for no fee, the Subscription Services. The Subscription Services will provide you with e-mail content, text and other materials (“Subscription Content”) relevant to online marketing provided by TheSoftware and its third party partners (“Third Party Providers”). If you would like to discontinue receipt of the Subscription Content, simply email us at [email protected]. The Subscription Content contains comments, opinions and other materials that are provided by TheSoftware and Third Party Providers, and should not necessarily be relied upon. Please exercise caution, use common sense and ensure safety when using the Subscription Content and/or Subscription Services. You acknowledge and agree that TheSoftware has no obligations and assumes no liabilities to you in connection with any Subscription Content. TheSoftware makes no representations or warranties regarding the accuracy, completeness or appropriateness of the Subscription Content made available in connection with the Subscription Services.

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, or attempt to obtain, for a fee or for no fee, a Membership in one of the various Membership programs that MTS Advertise OU offers. For a copy of the Membership Agreement, please visit the website for the specific Membership. TheSoftware Membership programs will enable you to access content, text and other materials (“Member Content” and together with the Subscription Content, the “Content”) provided by TheSoftware and certain Third Party Providers, designed to assist Members in their online marketing ventures. The Member Content contains comments, opinions and other materials that are provided by TheSoftware Third Party Providers, and should not necessarily be relied upon.

Vendor Services

By completing the necessary purchase order forms, you have the opportunity to acquire specific products and services from the Website. The manufacturers or distributors of these items provide their own descriptions, and TheSoftware does not guarantee their accuracy or completeness. Please note that TheSoftware is not liable for any issues you may encounter while trying to obtain products or services from the Website or for any disputes with sellers, distributors, or end-users. Additionally, TheSoftware is not responsible for any claims related to the products and services offered on the Website.

General

When registering for the Services, you may be required to provide certain information such as your full name, company name, email address, mailing address (and billing address if different), home and work telephone numbers, telecopier number, credit card information, and any other details requested on the registration form (referred to as ‘Service Registration Data’).

Unless stated otherwise, any future offers provided on the Website that enhance or expand the current features of the Website will be subject to the Agreement. TheSoftware is not responsible for any difficulties you may face while using or qualifying for the Services, nor is TheSoftware liable for any changes, suspensions, or discontinuations of the Services or other products.

CONTESTS

TheSoftware occasionally offers promotional prizes and other awards through Contests. To have a chance of winning these prizes, you must provide accurate information when filling out the Contest registration form and agree to the Official Contest Rules for each Contest. You must fully complete the relevant entry form to participate in the Contests featured on the Website. You must ensure that your Contest Registration Data is true, accurate, current, and complete.

LICENSE GRANT

By being a user of the Website, you have been 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 any time and for any reason. You may only use the Website and Content for your personal, non-commercial use on a single computer. It is prohibited to reproduce any part of the Website, Content, Contests, and/or Services or integrate them into any electronic or mechanical information retrieval system. Furthermore, you are not allowed to use, copy, clone, emulate, rent, sell, lease, 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 not allowed to copy, redistribute, publish or sell any part of them. Retrieving material from the Website, Content, Contests, and Services through automated means or scraping data is prohibited without written permission from TheSoftware. Your viewing of the Website, Content, Contests, and/or Services does not grant you ownership rights to any content, document, software, services, or other materials.

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

You are not allowed to hyperlink the Website or any portions of it, such as logos, trademarks, branding, or copyrighted material, to your website or web venue without express authorization from TheSoftware. Additionally, framing the Website or referencing its URL in commercial or non-commercial media without written permission is strictly prohibited. You agree to cooperate with the Website in removing any unauthorized content or activity and acknowledge your liability for associated damages.

EDITING, DELETING AND MODIFICATION

Our sole discretion allows us to edit and/or delete any documents, information or other content that appears on the Website.

DISCLAIMER

The Website, Services, Contests, Content, any third party products you receive from our Third Party Providers, and/or any other products and/or services you 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 allowed by applicable law. This includes, but is not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property, and/or fitness for a particular purpose. In particular, we do not guarantee that: (A) the Website, Services, Contests, Content, any third party products you receive from our Third Party Providers, and/or any other products and/or services you 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 does not guarantee that these downloads are free from harmful computer codes such as viruses and worms.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE 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 OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND INCLUDES: (A) THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS RECEIVED FROM 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 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 THIRD PARTY PROVIDERS, OR ANY ADDITIONAL DENIAL OF THIRD PARTY PRODUCTS FROM THE 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.

Engaging in any activity that may harm, impair, manipulate, or disrupt the functioning of the Website, whether or not you are a TheSoftware customer, is considered a violation of criminal and civil law. TheSoftware is committed to seeking all available legal remedies against any individual or entity involved in such conduct, in accordance with the law and fairness.

CHOICE OF LAW/VENUE

Any disagreements arising from or connected to the Agreement will be dictated and interpreted under the laws of Estonia, regardless of conflicts of law principles. Any final judgment will be binding and may be enforced in any court with jurisdiction. This should not limit any party from pursuing injunctive relief to safeguard its rights while awaiting arbitration. Where permissible by law, you agree not to initiate, join, or participate in class action lawsuits concerning any claims, disputes, or controversies against TheSoftware, its legal representatives, affiliates, subsidiaries, parents, agencies, as well as their respective members, officers, directors, employees, and agents. You also consent to the granting of injunctive relief to prevent such lawsuits or to exclude you as a participant.