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 must agree to the terms and conditions stated in the Agreement regarding your utilization of the Website. This Agreement is the only and complete agreement between you and TheSoftware pertaining to your use of the Website, and it replaces all previous or concurrent agreements, representations, warranties, and/or understandings related to the Website. We have the right to modify the Agreement at our sole discretion, without providing specific notice to you. The most recent Agreement will be published on the Website, and you should review it prior to using the Website. By continuing to use the Website and/or Services, you are hereby agreeing to comply with all terms and conditions outlined in the Agreement that is in effect at that time. 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 are capable of entering into legally binding contracts as per the applicable law. The Website and Services are not intended to be used by individuals who are 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 option to acquire the Subscription Services, either for a fee or for free. These Subscription Services will provide you with relevant e-mail content, text, and other materials (referred to as ‘Subscription Content’) related to online marketing. TheSoftware, along with its third-party partners (referred to as ‘Third Party Providers’), are responsible for providing these Subscription Services. If you wish to stop receiving the Subscription Content, you can simply email us at [email protected]. It is important to note that the Subscription Content may include comments, opinions, and/or other materials provided by TheSoftware and Third Party Providers, but it is advised not to solely rely on them. Please exercise caution, use common sense, and prioritize safety when utilizing the Subscription Content and/or Subscription Services. By agreeing to this, you acknowledge that TheSoftware holds no obligations or liabilities to you in relation to the Subscription Content. TheSoftware cannot assure the accuracy, completeness, or appropriateness of the Subscription Content associated with the Subscription Services.

Membership Services

Subject to the terms and conditions of the Agreement and the Membership Agreement, upon registration on the Website and acceptance of the Membership Agreement, you have the option to acquire a Membership in one of MTS Advertise OU’s various Membership programs, either for a fee or for free. For a copy of the Membership Agreement, please refer to the specific Membership’s website. TheSoftware’s Membership programs enable you to access content, text, and other materials (referred to as ‘Member Content’, which, along with the Subscription Content, is collectively referred to as ‘Content’) provided by TheSoftware and selected Third Party Providers. These materials are designed to assist Members in their online marketing endeavors. Similar to the Subscription Content, the Member Content may contain comments, opinions, and other materials provided by TheSoftware and Third Party Providers, but it is advisable not to solely rely on them.

Vendor Services

By completing the appropriate purchase order forms, you have the opportunity to acquire, or try to acquire, specific products and/or services from the Website. The descriptions of the products and/or services on the Website may be provided directly by the manufacturers or distributors of these items. TheSoftware does not guarantee the accuracy or completeness of these descriptions. You acknowledge and agree that TheSoftware is not responsible or liable in any way for your failure to obtain products and/or services from the Website or for any disputes with the sellers, distributors, and end-user consumers of the products. You understand and agree that TheSoftware is not 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 need 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 registration form (known as “Service Registration Data”).

Unless explicitly stated otherwise, any future offers on the Website that enhance or expand the current features of the Website will be subject to the Agreement. You understand and agree that TheSoftware is not responsible or liable in any way for your inability to use and/or qualify for the Services. You understand and agree that TheSoftware is not liable to you or any third party for any modifications, suspensions, or discontinuations of the Services or other products.

CONTESTS

Occasionally, TheSoftware provides promotional rewards and other prizes through Contests. By accurately completing the Contest registration form and agreeing to the Official Contest Rules, you have the opportunity to win the promotional prizes available in each Contest. To join the Contests featured on the Website, you must first complete the corresponding entry form. You agree to provide accurate and up-to-date Contest Registration Data.

LICENSE GRANT

As a user of the Website, you are given a non-transferable, non-exclusive, revocable, and limited license to access and utilize the Website, Content, and associated materials according to the Agreement. TheSoftware reserves the right to terminate this license at any time without cause. You may only use the Website and Content for personal, non-commercial purposes on a single computer. It is forbidden to reproduce any part of the Website, Content, Contests, and/or Services or integrate them into any electronic or mechanical information retrieval system. You are not allowed to use, copy, clone, emulate, 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. Unauthorized retrieval of material from the Website, Content, Contests, and/or Services to create or compile a collection, compilation, database, or directory is prohibited without written permission from TheSoftware. 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

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

EDITING, DELETING AND MODIFICATION

We retain the right to edit and/or delete any documents, information or other content that is visible 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 PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO 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, TheSoftware MAKES NO WARRANTY 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

When visitors download information from the Website, they do so at their own risk. TheSoftware cannot guarantee that these downloads are free from computer codes that may cause corruption, such as viruses and worms.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT TheSoftware WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY. THESE DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. THIS APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW, REGARDLESS OF WHETHER TheSoftware HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY APPLIES 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 APPLIED FOR THROUGH THE WEBSITE; (B) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM PURCHASES OR TRANSACTIONS MADE THROUGH THE WEBSITE; (C) THE FAILURE TO QUALIFY FOR CONTESTS, SERVICES, OR THIRD PARTY PRODUCTS FROM OUR THIRD PARTY PROVIDERS; (D) ANY SUBSEQUENT DENIAL OF THIRD PARTY PRODUCTS BY THE SAME PROVIDERS.

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.

Individuals, regardless of whether they are customers of TheSoftware or not, should be aware that any attempt to disrupt or interfere with the operation of the Website is considered a violation of both criminal and civil law. TheSoftware is committed to pursuing all available legal remedies against any individual or entity found to be engaging in such activities.

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. Any resulting awards will be considered final and conclusive, and may be entered as judgments by any competent court. This provision does not prevent any party from seeking injunctive relief to protect its rights while awaiting the outcome of arbitration. You agree not to bring, join, 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. You also agree that injunctive relief may be sought in order to prevent such a lawsuit or to remove you as a participant.