Please read the important Software WEBSITE TERMS OF USE.

Thank you for visiting the Website where you found the link to these Terms Of Use. The Website is owned by TheSoftware (referred to as “TheSoftware,” “we” and “us”). By accessing the Website, registering for Subscription Services, participating in Contests, joining Membership Services, or ordering Vendor Services, you agree to be bound by these TheSoftware Website Terms of Use (“Terms of Use”). These Terms of Use also incorporate TheSoftware Privacy Policy, Official Contest Rules, Purchase Agreements, Membership Agreements, and any other rules, policies, or agreements that may be published from time to time (collectively referred to as the “Agreement”). Please carefully review the complete terms of the Agreement. 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 does not allow access to the Website and/or Services to individuals 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 at its sole discretion.

SCOPE AND MODIFICATION OF THE AGREEMENT

You must agree to the terms and conditions specified in the Agreement regarding your utilization of the Website. The Agreement serves as the exclusive and complete agreement between you and TheSoftware pertaining to your use of the Website, and it overrides any prior or concurrent agreements, representations, warranties, and/or understandings related to the Website. We reserve the right to modify the Agreement at our discretion without providing specific notice to you. The most recent version of the Agreement will be published on the Website, and it is crucial for you to review it prior to using the Website. By continuing to use the Website and/or Services, you hereby consent to comply with all the terms and conditions contained in the Agreement that are in effect at that time. Therefore, it is advisable for you to regularly check this page for any updates and/or alterations.

REQUIREMENTS

The Website and Services are intended only for individuals who are capable of entering into legally binding agreements as per applicable law. The Website and Services are not intended for individuals under 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, upon registration on the Website and approval from TheSoftware, you have the opportunity to obtain the Subscription Services, either for a fee or for free. The Subscription Services will provide you with relevant e-mail content, text, and other materials (referred to as “Subscription Content”) related to online marketing. This content is provided by TheSoftware and Third Party Providers. If you wish to stop receiving the Subscription Content, please contact us at [email protected]. It is important to note that the Subscription Content includes comments, opinions, and other materials that are provided by TheSoftware and Third Party Providers, and should not be solely relied upon. It is advised to exercise caution, common sense, and safety when using the Subscription Content and/or the Subscription Services. You also acknowledge that TheSoftware holds no obligations and assumes no liabilities in connection with the Subscription Content. TheSoftware does not guarantee the accuracy, completeness, or appropriateness of the Subscription Content provided in relation to the Subscription Services.

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 have the opportunity to obtain a Membership in one of the various Membership programs offered by MTS Advertise OU, either for a fee or for free. For a copy of the Membership Agreement, please visit the specific Membership website. TheSoftware Membership programs allow you to access 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 and Third Party Providers. It is important to note that the Member Content should not be solely relied upon.

Vendor Services

By completing the relevant purchase order forms, you can acquire, or attempt to acquire, certain products and/or services from the Website. The descriptions of these products and/or services are 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 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 that TheSoftware shall not be held liable to you or any third party for any claims related to the products and/or services offered on the Website.

General

When registering for the Services, you may be required to provide certain information, which may include, but is 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 information; and/or (i) any other information requested on the registration form (referred to as “Service Registration Data”).

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

CONTESTS

TheSoftware occasionally provides promotional prizes and other rewards through Contests. By accurately completing the Contest registration form and agreeing to the Official Contest Rules, you will have a chance to win the promotional prizes offered. To participate in the Contests on the Website, you must first complete the appropriate entry form. You are responsible for providing truthful, accurate, and up-to-date Contest Registration Data.

LICENSE GRANT

As a user of the Website, you have a non-exclusive, non-transferable, revocable, and limited license to access and use the Website, Content, and associated material according to the Agreement. TheSoftware reserves the right to terminate this license at any time for any reason. You may use the Website and Content on one computer for personal, non-commercial purposes. Reproduction of any part of the Website, Content, Contests, and/or Services or integration into any electronic or mechanical information retrieval system is strictly prohibited. You are prohibited from using, copying, imitating, cloning, renting, leasing, selling, modifying, decompiling, disassembling, reverse engineering, or transferring 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. The copying, redistribution, publication or sale by you of any part of the Website, Content, Contests and/or Services is strictly prohibited. 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 written permission from TheSoftware is prohibited. You do not acquire ownership rights to any content, document, software, services or other 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

Unless expressly authorized by TheSoftware, no one may hyperlink the Website, or portions thereof (including, but not limited to, logotypes, trademarks, branding or copyrighted material), to their website or web venue for any reason. Further, “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. You specifically agree to cooperate with the Website to remove or cease, as applicable, any such content or activity. You hereby acknowledge that you shall be liable for any and all damages associated therewith.

EDITING, DELETING AND MODIFICATION

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

DISCLAIMER

The Website, Services, Contests, Content, any third-party products from our providers, and/or any other products and/or services you apply for through the Website are provided on an “as is” and “as available” basis. All warranties, express and implied, are disclaimed to the fullest extent permitted by applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property, and/or fitness for a particular purpose). Specifically, with no limitation, TheSoftware makes no warranty that: (A) the Website, Services, Contests, Content, any third-party products from our 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

When visitors download information from the Website, they do so 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 EXPRESSLY UNDERSTAND AND AGREE THAT TheSoftware WILL NOT BE 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 FULLEST EXTENT PERMISSIBLE 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.

TheSoftware will take appropriate legal action against any individual or entity, regardless of whether they are a customer, who attempts to damage, destroy, tamper with, vandalize or otherwise interfere with the operation of the Website. Such actions are considered violations of criminal and civil law. TheSoftware will pursue all available remedies to the maximum extent permitted by law and in equity.

CHOICE OF LAW/VENUE

Any disputes arising from or relating to the Agreement will be governed by and interpreted according to the laws of Estonia, without considering conflict of law principles. Any resulting ruling will be final and binding for all parties involved, and its judgment can be entered in any court with competent jurisdiction. This provision does not prevent any party from seeking injunctive relief to defend its rights during arbitration. You agree not to engage in any class action lawsuit, in accordance with applicable law, against TheSoftware, its legal representatives, affiliates, subsidiaries, parents, agencies, and their respective members, officers, directors, employees, and agents. Furthermore, you consent to the granting of injunctive relief to halt such a lawsuit or to remove you as a participant.