Please take note of the important Software WEBSITE TERMS OF USE below.
When you visit the Website and utilize our Services, you are agreeing to be bound by these TheSoftware Website Terms of Use.
TheSoftware has the right to deny access to the Services and Website to any individual covered by COPPA (Children’s Online Privacy Protection Act of 1998, as amended).
SCOPE AND MODIFICATION OF THE AGREEMENT
The terms and conditions outlined in the Agreement govern your use of the Website. This Agreement is the sole and complete agreement between you and TheSoftware regarding your use of the Website and replaces any previous or simultaneous agreements, representations, warranties, and/or understandings related to the Website. TheSoftware reserves the right to make changes to the Agreement at any time without specific notice. The most recent version of the Agreement will be posted on the Website, and it is recommended that you review it before using the Website. By continuing to use the Website and/or Services, you are agreeing to comply with all the terms and conditions in the Agreement that is in effect. Therefore, it is important to regularly check this page for any updates and/or changes.
REQUIREMENTS
The Website and Services are intended solely for individuals who are able to enter into legally binding contracts under applicable law. They are not intended for individuals under the age of eighteen (18). If you are below this age limit, 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, when you register on the Website and get approval from TheSoftware, you have the option to acquire the Subscription Services, either for a fee or for free. These services include the provision of email content, text, and other materials (referred to as ‘Subscription Content’) related to online marketing. This is made possible by TheSoftware and its third-party partners, also known as ‘Third Party Providers.’ If you wish to stop receiving the Subscription Content, simply reach out to us via email at [email protected]. Please be aware that the Subscription Content may contain comments, opinions, and/or other materials provided by TheSoftware and the Third Party Providers. It is important to exercise caution, common sense, and prioritize safety when using the Subscription Content and/or Subscription Services. By agreeing to these terms, you acknowledge that TheSoftware holds no obligations or liabilities to you in relation to the Subscription Content. TheSoftware does not guarantee the accuracy, completeness, or appropriateness of the Subscription Content provided.
Membership Services
Subject to the terms and conditions outlined in the Agreement and the separate Membership Agreement, you can sign up on the Website, agree to the Membership Agreement, and upon approval from TheSoftware, gain access to the various Membership programs offered by MTS Advertise OU, either for a fee or for free. You can obtain a copy of the Membership Agreement by visiting the relevant Membership program’s website. TheSoftware Membership programs give you access to content, text, and other materials (termed as ‘Member Content’) provided by TheSoftware and specific Third Party Providers. These resources are intended to support Members in their online marketing endeavors. However, it is important to note that the Member Content may include comments, opinions, and other materials provided by TheSoftware and Third Party Providers, and reliance on them should be exercised with caution.
Vendor Services
By completing the purchase order forms provided, you have the opportunity to acquire certain products and services from the Website. The products and services displayed on the Website may include descriptions provided directly by the manufacturers or distributors of those items. However, TheSoftware does not guarantee the accuracy or completeness of these descriptions. You accept that TheSoftware is not liable for any difficulties you may encounter in obtaining products and services from the Website or for any disputes you may have with sellers, distributors, or end-users of the product. You also acknowledge that TheSoftware is not responsible for any claims arising from the products and services offered on the Website.
General
To register for the Services, you may be required to provide various information including your full name, company name, email address, mailing address (and billing address if different), home and work telephone numbers, fax number, credit card information, and any other details specified on the registration form (referred to as “Service Registration Data”).
Unless explicitly stated otherwise, any future offers or enhancements to the Website’s features will be governed by the Agreement. You understand that TheSoftware is not liable for any difficulties you may have in using or qualifying for the Services. TheSoftware will also not be liable to you or any third party for any changes, temporary suspensions, or discontinuations of the Services or any other products.
CONTESTS
TheSoftware occasionally offers promotional prizes and other awards through Contests. To be eligible to win these prizes, you must provide accurate information on the Contest registration form and agree to abide by the Official Contest Rules. To participate in a Contest featured on the Website, you must fully complete the corresponding entry form, ensuring that all Contest Registration Data provided is true, accurate, current, and complete.
LICENSE GRANT
By using the Website, you are granted a limited license that allows you to access and use the Website, Content, and associated materials. This license is non-exclusive, non-transferable, revocable, and subject to termination by TheSoftware 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. Reproduction of any part of the Website, Content, Contests, and/or Services, or their 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
All elements related to the Content, Contests, Services and Website, including but not limited to organization, design, graphics, compilation, magnetic translation, digital conversion, software, and services, are protected by copyrights, trademarks, and other proprietary rights. It is strictly prohibited for you to copy, redistribute, publish, or sell any part of the Website, Content, Contests, and/or Services. Any form of automated retrieval of material, scraping, or data extraction from the Website, Content, Contests, and/or Services to create or compile a collection, compilation, database, or directory without written permission from TheSoftware is prohibited. You do not acquire ownership rights to any materials, including content, documents, software, or services, accessed through or viewed at the Website, Content, Contests, and/or Services.
HYPERLINKING TO THE WEBSITE, CO-BRANDING, ‘FRAMING’, AND/OR REFERENCING THE WEBSITE ARE PROHIBITED
It is strictly prohibited, without express authorization from TheSoftware, to hyperlink the Website or any portions of it (including but not limited to logos, trademarks, branding, or copyrighted material) to any other website or internet venue. In addition, framing the Website and/or referencing its Uniform Resource Locator (URL) in any commercial or non-commercial media without the prior written permission of TheSoftware is strictly prohibited. By agreeing to this, you also agree to cooperate with the Website in removing or ceasing any such content or activity. You acknowledge that you will be held responsible for any damages associated with such actions.
EDITING, DELETING AND MODIFICATION
In our sole discretion, we have the right 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 received from our third-party providers, and/or any other products and/or services applied 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 by applicable law. This includes, but is not limited to, any warranties of merchantability, non-infringement of intellectual property, and/or fitness for a particular purpose. We specifically do not warrant that: (A) 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 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 such downloads are free of corrupting computer codes, such as viruses and worms.
LIMITATION OF LIABILITY
You explicitly understand and agree that TheSoftware shall not be held liable to you or any third party for any direct, indirect, incidental, special, consequential, and/or exemplary damages. These damages may include, but are 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 is to the fullest extent permissible by law. TheSoftware shall not be liable for: (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 costs of procuring 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) 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 the same;
INDEMNIFICATION
You are responsible for compensating and protecting TheSoftware, including their parents, subsidiaries, and affiliates, as well as their respective members, officers, directors, employees, agents, co-branders, and/or other partners, from any and all claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demands, and/or judgments made by any third party due to or arising out of: (a) your use of the Website, Services, Content, and/or participation in any Contest; (b) your violation of the Agreement; and/or (c) your infringement of any rights of another individual and/or entity. TheSoftware, their parents, subsidiaries, and/or affiliates, as well as their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers, and/or attorneys, have the right to directly assert and enforce these provisions against you on their own behalf.
THIRD PARTY WEBSITES
The Website may contain links to and/or direct you to other Internet websites and/or resources, including those owned and operated by Third Party Providers. Since TheSoftware does not have 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 liable for any terms and conditions, privacy policies, content, advertising, services, products, and/or other materials provided by or available from such third-party websites or resources, nor for any resulting damages and/or losses.
PRIVACY POLICY/VISITOR INFORMATION
Your use of the Website, along with any comments, feedback, information, Registration Data, and/or materials submitted through or in connection with the Website, is subject to our Privacy Policy. We reserve the right to use all information concerning your use of the Website and any other personally identifiable information you provide in accordance with the terms of our Privacy Policy. To review our Privacy Policy, please click here.
WARNING: LEGAL NOTICE
Any act committed by any individual, regardless of whether or not they are a customer of TheSoftware, that aims to harm, destroy, manipulate, deface, or interfere with the functioning of the Website, constitutes a violation of both criminal and civil laws. TheSoftware will diligently pursue all available legal and equitable remedies against any person or entity engaged in such activities, to the maximum extent allowed by law.
CHOICE OF LAW AND JURISDICTION
Any disputes arising from or relating to the Agreement shall be governed by and interpreted in accordance with the laws of Estonia, regardless of conflicts of law principles. Any decision made shall be final and binding upon the parties, and a judgment may be issued in any competent court. This clause shall not prevent any party from seeking injunctive relief to protect its rights while awaiting the outcome of arbitration. Unless prohibited by law, you agree to abstain from initiating, joining, or participating in any class action lawsuit against TheSoftware, its legal representatives, affiliates, subsidiaries, parents, agencies, and their members, officers, directors, employees, and agents. You also agree that injunctive relief may be granted to halt such a lawsuit or to exclude you from the proceedings.