TERMS OF USE OF THE SOFTWARE SITE. IMPORTANT - PLEASE READ

General provisions

Thank you for visiting the website - (hereinafter referred to as the "Website") where you found a link to these Terms of Use (hereinafter referred to as the "Website"). The Website is the Internet property of TheSoftware. (hereinafter collectively referred to as "TheSoftware", "we" and "us"). You agree to be bound by these TheSoftware Website Terms of Use (hereinafter referred to as the "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 through the Website ("Subscription Services"); (c) register to participate in promotions, contests and/or sweepstakes offered by TheSoftware from time to time (hereinafter referred to as the "Contest"); (d) join or attempt to join an affiliate program or other membership organization listed on the Website ("Membership Services"); and/or (e) order a product and/or service through the Website ("Reseller Services" and together with the Subscription Services and Membership Services, the "Services"). TheSoftware's Privacy Policy ("Privacy Policy"), the official contest rules applicable to each contest, TheSoftware's purchase agreement(s) ("Purchase Agreement"), TheSoftware's membership agreement(s) ("Membership Agreement"), as well as any other operating rules, policies, price lists and other supplemental terms or documents that may be posted from time to time, are expressly incorporated by reference into this Agreement (collectively, the "Agreement"). Please read the full terms and conditions 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 the Website in any manner or form.

TheSoftware SPECIFICALLY PROHIBITS ACCESS TO THE WEBSITE AND/OR SERVICES TO ANY PERSON WHO IS COVERED BY THE CHILDREN'S ONLINE PRIVACY POLICY 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 discretion.

By using the website (hereinafter referred to as the "Website"), you agree to comply with these terms of use of the Website, which govern the rights and obligations between the owner of the domain on which these Websites are located (hereinafter referred to as the "Operator") and you as a user of these Websites (hereinafter referred to as "You" or "User").

This domain belongs to the Operator on the basis of ownership, the operational management of this advertising Website is carried out exclusively by the Operator. The Website provides you with information about the services and products of our partners (hereinafter referred to as the "Advertiser(s)"). The Website allows you as a User of these Websites to apply for products or services of the Advertiser(s) through his/her website (hereinafter referred to as the "Service"). The terms of use of the Website are governed by the Terms of Use of the Website, which are published on the Website (hereinafter referred to as the "Terms").

The Website functions as an online information platform and includes a service that allows the User to submit requests for the Advertiser's products and/or services, which are advertised on the Website or using the Advertiser's website (hereinafter referred to as the "Service"), through its tracking platform (hereinafter referred to as the "Software").

The Operator only mediates communication between the supplier of products and/or services and the User. The Operator is not a provider of any services and/or products.

By submitting any information, you agree to the terms of use of the Website, on the basis of which we provide you with information in order to process your request to conclude a contract between you and the Advertiser for the purchase of services or goods advertised on the Website or using the Advertiser's website.

SCOPE AND AMENDMENT OF THE AGREEMENT

You agree to the terms and conditions set forth in the Agreement with respect to your use of the Website. The Agreement constitutes the entire and sole agreement between you and TheSoftware with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings regarding the Website. We may change the Agreement from time to time in our sole discretion without notice to you. The most recent Agreement will be posted on the Website and you should review it before using it. By continuing to use the Website and/or the Services, you hereby agree to be bound by all terms and conditions contained in the Agreement as then in effect. Therefore, you should check this page periodically for updates and/or changes.

REQUIREMENTS

The Website and Services are available only to persons who can form legally binding contracts under applicable law. The Website and Services are not intended for use by persons under the age of eighteen (18). If you are under the age of eighteen (18), you are not authorized to use and/or access the Website and/or Services.

DESCRIPTION OF SERVICES

Subscription Services Subject to the terms of the Agreement, you may obtain or attempt to obtain subscription services for a fee or without charge upon registration on the Website and receipt of consent from TheSoftware. The Subscription Services will provide you with email content, text and other materials ("Subscription Content") relevant to online marketing provided by TheSoftware and its third-party partners ("Third-Party Providers"). If you wish to discontinue receiving Subscription Content, simply send us an email at [email protected] Subscription Content contains comments, opinions and/or other materials provided by TheSoftware and Third-Party Providers and should not necessarily be relied upon. Please exercise caution, common sense and safety when using the Subscription Content and/or the Subscription Services. You agree that TheSoftware has no obligations to you and shall have no liability in connection with such Subscription Content. TheSoftware does not represent or warrant that the Subscription Content made available in connection with the Subscription Services is accurate, complete or appropriate. You acknowledge and agree that TheSoftware shall have no liability for your inability to use the Subscription Services and/or Subscription Content. You understand and agree that TheSoftware shall have no liability to you, end users or third parties for any claims in connection with any Subscription Services.

Membership Services Subject to the terms of the Agreement and the Membership Agreement, you may, upon registering on the Website, agreeing to the Membership Agreement, and receiving approval from TheSoftware, obtain or attempt to obtain, for a fee or without a fee, membership in any of the various membership programs offered by MTS Advertise OU. A copy of the Membership Agreement may be found on the website of the specific membership program. TheSoftware Membership Programs provide you with access to content, text, and other materials (the “Membership Content” and, together with Subscription Content, the “Content”) provided by TheSoftware and certain Third Party Providers that are intended to assist Members in their online marketing businesses. The Membership Content contains comments, opinions, and other materials provided by TheSoftware’s Third Party Providers and should not necessarily be relied upon. Please exercise caution, common sense, and safety when using the Membership Content and/or Membership Services. You agree that TheSoftware has no obligations to you and shall have no liability in connection with such Membership Content. TheSoftware does not represent or warrant that the Membership Content made available in connection with the Membership Services is accurate, complete or appropriate. You acknowledge and agree that TheSoftware shall have no liability for your inability to use the Membership Services and/or Membership Content. You understand and agree that TheSoftware shall not be liable to you, end users or third parties for any claims in connection with any Membership Service.

Reseller Services You may obtain or attempt to obtain certain products and/or services from the Website by completing the applicable order forms. The products and/or services listed on the Website may include descriptions that are provided directly by the manufacturers or distributors of such items by third party providers. TheSoftware does not represent or warrant that the descriptions of such items are accurate or complete. You acknowledge and agree that TheSoftware shall have no liability for your inability to obtain products and/or services from the Website or for any disputes with the reseller, distributor and end users of the product. You understand and agree that TheSoftware shall not be liable to you or any third party for any claims in connection with any products and/or services offered on the Website.

General Information The information you are required to provide in connection with your registration for the Services may include, but is not limited to, some or all of the following: (a) your full name; (b) your company name; (c) your email address; (d) your mailing address (and billing address, if different); (e) your home telephone number; (f) your work telephone number; (g) your fax number; (h) your credit card information; and/or (i) any other information requested in the applicable registration form ("Service Registration Information"). You agree to provide true, accurate, current and complete Service Registration Information. TheSoftware has the right to reject any Service Registration Information if, in TheSoftware's sole discretion, it determines that: (i) you have violated any part of the Agreement and/or (ii) the Service Registration Information you provide is incomplete, fraudulent, duplicative or otherwise unacceptable. TheSoftware may change the criteria for Registration Information at any time in its sole discretion. Unless expressly stated otherwise, any future offering(s) made available to you on the Website that expands or otherwise enhances the existing functionality of the Website shall be governed by the Agreement. You acknowledge and agree that TheSoftware shall have no liability for your inability to use and/or qualify for the Services. You understand and agree that TheSoftware shall not be liable to you or any third party for any modification, suspension or discontinuance of any Services or other products, services or promotions offered by TheSoftware and/or any of its third party providers. If MTS Advertise OU terminates the Agreement and/or any Services for any reason, MTS Advertise OU shall have no liability to you. You acknowledge and agree that discontinuing use of the Website is your sole right and remedy with respect to any dispute you may have with TheSoftware.

Website content

All materials, including banners, video materials and other content displayed on the Website (hereinafter referred to as the "Content") are provided solely for advertising and informational purposes and should not be used for other purposes, all materials are intended for imitation or modeling purposes only. The Content may not be accurate and may not be based on exact real events or facts, however, all information perceived from the Content in visual, oral or written form is not financial, legal, tax or other professional advice and is not intended as a substitute for consultation with a qualified professional. The Operator makes no warranties or representations regarding the usability, accuracy, suitability or completeness of the Content, the information contained therein is intended for informational and advertising purposes only and all the above-mentioned reservations must be taken into account. Based on the above, it therefore applies that if you want to use and apply the software, you assume full responsibility for your actions. No statement should be construed as providing investment advice or recommendations, suggestions or offers to buy or sell any type of securities and/or financial instruments or other products and/or services.

Any results shown in the methodology and/or system available in the Content do not necessarily indicate future results. No guarantees are made or implied that any user will or may obtain profits or losses similar to those shown in the Content. Past performance of any system or strategy that may be displayed in the Content does not in fact demonstrate future performance and results that may be achieved. We strongly recommend that you consult your professional advisor before you ever deposit or exchange any financial instrument. We strongly recommend that you consult your personal advisor who has sufficient professional knowledge before you ever invest in or trade any financial instrument.

The User is duly notified, understands and acknowledges that the Operator is not authorized to offer any legal, accounting, investment or tax advice or recommendations regarding investment strategy, suitability, profitability or other issues.

Using the service

To register on the Website, you may need a first name, last name, email address, phone number and password. Only one authorized user can have one account, registration of multiple accounts registered by the same natural or legal person is not permitted and may result in the Operator canceling all accounts it deems necessary. Use of the service is voluntary and free of charge.

By using the Website, you agree that your identification data and password will be kept confidential, and you undertake not to use the account of another authorized user.

The Operator is not liable for any losses or damages resulting from failure to comply with these obligations, and is not liable for any damages caused by theft, hacking or other unauthorized use of your password, identification data or other means of identification.

The User is obliged to provide the Operator with true, accurate and complete information when registering, by filling in the registration form on the Website. The User undertakes to comply with all applicable local, state, national and international laws and regulations relating to the use of the Website, the Service and/or the Software. The User further acknowledges and agrees that use of the Internet and access to or transmission or connection to the Website is entirely at his/her own risk.

In the event of any breach, the Operator is not responsible for the security of any information transmitted to or from the Website. The User assumes all responsibility for activities related to his/her use of the Website, including, but not limited to, maintaining or backing up any data.

The Operator uses all commercially reasonable efforts to make the Software and/or the Service available to the User. The User acknowledges that some components of the Service and/or the Software may be provided by a third party and therefore delays, errors, malfunctions, data delays, etc. may occur that are beyond the Operator's control. The Operator cannot provide any guarantees and bears no responsibility for cases where the Service and/or the Software are uninterrupted or error-free, or that defects in the Service and/or the Software are eliminated.

The Operator will receive all personal data in accordance with the Privacy Policy. The User agrees to read and accept the Privacy Policy before providing any personal data on this website. The User acknowledges that the use of the Website and the use of the Service requires the use of his personal data.

Each User agrees to read and accept the Privacy Policy before providing any personal data on this Website. In the event that the User becomes aware of a breach or potential breach of security in relation to any personal data provided to the Operator, or of any unauthorized access to the Website, the User is obliged to:

1) immediately inform the Operator of such breach or potential breach;
2) provide the Operator with cooperation as reasonably necessary to prevent or remedy such breach;
3) enable the Operator to comply with all applicable laws requiring notification of a security breach that results in any breach related to the identification of personal data.

Although the Website may be accessible worldwide, not all features or Services offered on the Website are appropriate or available for use in all countries. The Operator reserves the right to limit, at its sole discretion, the provision and quantity of any feature or Service to any person or geographic area. In any case, the User is fully responsible for the choice of using the Website, Service and/or Software, and should comply with applicable legal regulations.

Intellectual property rights

The copyright to the Content belongs to the Operator and its partners and may not be stored, copied or modified in any format, sold or used in any way, distributed or transmitted in any way without the Operator's specific consent. Information, modules, patents, patent disclosures, patent applications and all rights to inventions (whether patentable or not), trademarks, trade names, copyrights, methods, know-how, computer code (including HTML code, original software code, source code, object code), Internet domain names and registrations and applications for their registration together with all goodwill associated with them, algorithms, business methods, user interfaces, graphic design and software, software architecture, algorithms, data structures; and all developments, derivatives and improvements thereof, whether registered or not, and all other intellectual property rights of every kind and nature throughout the world and however designated, whether arising by operation of law, contract, license or otherwise, and all registrations, applications, renewals, extensions, continuations, divisions or reissues now or in the future in force (collectively referred to as "Intellectual Property"), are fully owned, controlled and licensed by the Operator, its affiliates, its successors and assigns, as well as/or third parties who have granted the Operator a license to use such intellectual property.

The Operator grants the User a personal, revocable, limited, non-exclusive, free and non-transferable license to use the Website, Software and Content for personal use only. The License does not allow the User to modify, copy, store, reproduce, republish, upload, publish, transfer, license, sublicense, display, rent, lend, sell, use or in any way distribute any data, intellectual property or materials that the Operator provides through the Website in a manner not expressly permitted by these Terms. Any modification, recompilation, translation, creation of any derivative works, disassembly, publication, deletion, change of any proprietary notices or markings, granting of protective interests or other use of the Website in any manner not expressly permitted herein for the User or any third party.

You may not use any "deep linking", "page scraping", "robots", "spiders" or other automatic devices, programs, scripts, algorithms or methodologies or any similar or equivalent manual procedures to access, receive, copy or inspect any part of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website in order to obtain or attempt to obtain any materials, documents or information by any means that are intentionally made available through the Website,

or attempt to gain unauthorized access to any part or feature of the Website, including but not limited to the account of any user(s), any other systems or networks connected to the Website or its servers, any service offered on or through the Website, hacking, password "mining" or any other illegal or prohibited method,

or to probe, scan or test the vulnerability of the Website or any network connected to the Website, and not to breach security measures or authentication on the Website or any network connected to the Website,

reverse search, monitor or attempt to monitor any information about any user or visitor to the Website, or take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, system, networks or any systems or networks connected thereto, or use any device, software or procedures that interfere with the normal operation of the Website or transactions conducted on the Website or the use of the Website by any other person,

or forge headers, impersonate another person or otherwise manipulate identifiers in order to conceal the true identity or origin of any message or transmission sent to or from the Operator to the Website, or use the Website to collect email addresses or other contact or personal information,

or advertise, share the brand, private label, use the name, logo or similar name of the Operator on another domain, distribute, resell or otherwise enable third parties to access and use the Website, in whole or in part, without the express, separate and the prior written consent of the Operator,

or use the Website in any other unlawful manner or in any manner that may be perceived as causing harm, humiliation or other negative impact to the Operator. Attempting to use this Website without authorization may constitute a criminal offense. The Operator reserves the right to review, monitor and record actions on the Website, including, but not limited to, archiving notifications or messages sent by the User via the Website. The Operator also reserves the right to change, suspend, terminate or interrupt the operation of or access to the Website or any part thereof at any time and without prior notice in order to protect the Website or the activities of the Operator.

Limitation of liability

The User assumes full responsibility and risk for the use of the Website, Content and Software. The Operator provides the Website, Content and Software and related information in the form in which they are and does not make any express or implied warranties, representations or recommendations.

The Operator disclaims any infringement in relation to the Website, Service, Software, any information or third party information or links provided thereto. The Operator shall not be liable for any costs or damages incurred directly or indirectly as a result of such transaction.

Under no circumstances shall the Operator be liable to any party for any direct, indirect, consequential, punitive, special, incidental or other indirect losses arising directly or indirectly from any use of the Website, Content and Software, which is provided as is and without any warranty.

Use of the Website, Content and Software is at the User's own risk and responsibility.

Any claims for compensation of losses, howsoever, may not apply to the Operator, the Operator shall not be liable under any circumstances for losses (including direct, indirect, consequential or special losses), even if it is informed of the possibility of such losses arising from your use of or personal reliance on this website.

The Advertiser remains solely and fully liable for any breach in relation to the Content of the Advertising Materials, the accuracy and/or quality of the information, products and/or services, software and for any party thereof, for any direct, indirect, consequential, punitive, special, incidental or other indirect losses arising directly or indirectly from any use of the website, the content of the Advertising Materials, information and/or software.

Any claims for compensation of losses, howsoever, or any other claims and/or complaints relating to the website, the content of the Advertising Materials, the accuracy and/or quality of the information, products and/or services, software shall be raised and/or filed with the Advertiser.

The quality, integrity, accuracy, completeness or reliability of any materials, programs, third-party products displayed on such third-party website or to which you can access through a link to such website is not confirmed in any way by the Operator and the Operator makes no warranties in this regard.

The Operator expressly disclaims any responsibility for the content, materials, accuracy and/or quality of information, products and/or services available or advertised on such third party websites. All communications or relationships between the User and any third party are solely between the User and such third party and do not affect the Operator in any way.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THESOFTWARE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXCLUDED 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 PERMITTED BY LAW, ARISING OUT OF: (A) YOUR USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTESTS, CONTESTS, ANY THIRD PARTY PRODUCTS, THAT YOU MAY RECEIVE FROM ANY OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY REQUEST 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) FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS FOR PARTICIPATION IN THIRD PARTY COMPETITIONS, SERVICES OR PRODUCTS FROM ANY OF OUR THIRD PARTY PROVIDERS, OR THE SUBSEQUENT REFUSAL OF THIRD PARTY PRODUCTS FROM THEM; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATED TO YOUR INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTESTS, THIRD PARTY PRODUCTS THAT YOU MAY OBTAIN FROM ANY OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY REQUEST THROUGH THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE ENTIRE EXTENT, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ALL OTHER TORT. YOU RELEASE TheSoftware AND ALL OF TheSoftware'S SUPPLIERS FROM ANY OBLIGATIONS, LIABILITY, AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS TERMS. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW SUCH LIMITATION, THE MAXIMUM LIABILITY OF TheSoftware TO YOU FOR ANY CAUSE OF DAMAGES SHALL BE FIVE HUNDRED DOLLARS ($500.00). The above limitation of liability for damages is an essential element of the basis of the agreement between you and TheSoftware. INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTESTS, ANY THIRD PARTY PRODUCTS THAT YOU MAY OBTAIN FROM ANY OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY REQUEST THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT THESE LIMITATIONS.

OTHER

If the Operator is unable to insist on or enforce strict compliance with any provision of these Terms, this shall not be deemed a waiver of any provision or right under these Terms or any law.

Legal relations arising under these Terms shall be governed by and construed in accordance with the laws of Hong Kong.

The date of actual use of the Website by the User shall be the date of adjustment of the relations between the User and the Operator. The rights and obligations of the parties shall apply upon the User’s registration.

The Operator may transfer its rights and obligations under these Terms to any party at any time without informing the User. The User shall not have the right and may not assign any of the User’s rights and obligations to third parties without the prior written consent of the Operator. These Terms constitute the entire agreement between the User and the Operator regarding the use of the Website.

The following provisions shall survive termination of these Terms and Conditions: The Operator shall comply with the following provisions: Intellectual Property Rights, Limitation of Liability and all other provisions of these Terms and Conditions which, by their nature, shall survive termination of these Terms and Conditions.

These Terms and Conditions may be unilaterally amended or supplemented by the Operator from time to time. A new edition of the Terms and Conditions shall enter into force upon their publication on the Website. If the User does not agree with the new wording of the Terms and Conditions, he shall cease to use the Website and the Service.

Written communication or business relations between the parties shall also include communication or business relations via e-mail without an electronic signature, unless otherwise expressly provided in these Terms and Conditions. If any part or provision of these Terms and Conditions is deemed unlawful or ineffective for any reason, the validity of the remaining provisions shall not be affected.

COMPETITIONS

From time to time, TheSoftware offers promotional prizes and other rewards through contests. By providing true and accurate information in connection with the applicable contest entry form and agreeing to the official contest rules applicable to each contest, you may participate and be eligible to win the promotional prizes offered in each contest. To participate in any contest listed on the Website, you must first completely complete the applicable entry form. You agree to provide true, accurate, current and complete contest entry information. TheSoftware has the right to reject any contest entry data if, in TheSoftware’s sole and exclusive discretion, it is determined that: (i) you are in breach of any part of the Agreement; and/or (ii) the contest entry data you provide is incomplete, fraudulent, duplicative or otherwise unacceptable. TheSoftware may change the Entry Data criteria at any time in its sole and absolute discretion.

GRANT OF LICENSE

As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website, the Content and related materials in accordance with the Agreement. TheSoftware may terminate this license at any time and for any reason. You may use the Website and the Content on a single computer for your personal, non-commercial use. No part of the Website, Content, Contests and/or Services may be reproduced in any form or incorporated into any information retrieval system, whether electronic or mechanical. You may not use, copy, emulate, clone, rent, sell, modify, decompile, disassemble, reverse engineer or translate the Website, Content, Contests and/or Services or any portion thereof. TheSoftware reserves all rights not expressly granted in the Agreement. You may not use any device, software or routine to interfere with or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on TheSoftware's infrastructure. Your right to use the Website, Content, Contests and/or Services is non-transferable.

PROPERTY 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 by applicable copyrights, trademarks and other proprietary (including, but not limited to, Intellectual Property Rights. Copying, redistribution, publishing or selling any portion 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 for the purpose of creating or compiling, directly or indirectly, a collection, compilation, database or directory without the written permission of TheSoftware is prohibited. You do not acquire any ownership rights in any content, document, software, services or other materials viewed on or through the Website, Content, Contests and/or Services. The posting of information or materials on the Website or through the Services by and through TheSoftware does not constitute a waiver of any right in such information and/or materials. The TheSoftware name and logo and all related graphics, icons and service names are trademarks of TheSoftware. All other trademarks appearing on the Website or through and through the Services are the property of their respective owners. Use of any trademark without the express written consent of the respective owner is strictly prohibited.

HYPERLINKS TO WEBSITES, BRAND COLLABORATION, FRAMING AND/OR LINKING TO WEBSITES IS PROHIBITED

Unless expressly permitted by TheSoftware, no one may link to the Website or any portion thereof (including, but not limited to, logos, trademarks, brands or copyrighted materials), its website or the website for any reason. Furthermore, “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 expressly agree to cooperate with the Website in removing or terminating any such content or activity. You hereby acknowledge that you are responsible for any damages resulting therefrom.

EDITING, DELETING AND MODIFICATIONS

We reserve the right, at our sole discretion, to edit and/or remove any documents, information or other content that appears on the Website.

DISCLAIMER

WE PROVIDE THE WEBSITE, SERVICES, CONTESTS, CONTESTS, ANY THIRD PARTY PRODUCTS THAT YOU MAY OBTAIN FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY REQUEST THROUGH THE WEBSITE “AS IS” AND “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT LIMITED TO, TheSoftware MAKES NO WARRANTY THAT: (A) THE WEBSITE, SERVICES, CONTESTS, CONTESTS, ANY THIRD PARTY PRODUCTS YOU MAY OBTAIN FROM ONE OF OUR THIRD PARTY PROVIDERS AND/OR PRODUCTS AND/OR SERVICES YOU MAY REQUEST THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, SERVICES, CONTESTS, CONTESTS, ANY THIRD PARTY PRODUCTS THAT YOU MAY OBTAIN FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY REQUEST THROUGH THE WEBSITE WILL BE TIMELY, SECURE, OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THE CONTESTS AND/OR SERVICES; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES, SERVICES, CONTESTS, CONTESTS, ANY THIRD PARTY PRODUCTS THAT YOU MAY OBTAIN FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES YOU MAY REQUEST THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. THE PROBLEMS MAY INCLUDE THE WEBSITE, SERVICES, CONTESTS, CONTESTS, ANY THIRD PARTY PRODUCTS YOU MAY OBTAIN FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES YOU MAY REQUEST THROUGH THE WEBSITE. OR OTHER LIMITATIONS. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF THE BASIC INTERNET CONNECTION CONNECTED TO THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TheSoftware, ANY THIRD PARTY PROVIDER OR OTHERWISE THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

DISCLAIMER OF LIABILITY FOR DAMAGES CAUSED BY WITHDRAWAL

Visitors download information from the Website at their own risk. TheSoftware makes no warranty that such downloads are free of harmful computer code including, but not limited to, viruses and worms.

COMPENSATION

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 claims, expenses (including reasonable attorneys’ fees), damages, actions, costs, demands and/or judgments of any third party arising out of or relating to: (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 person and/or entity. The provisions of this paragraph shall inure to 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 will have the right to assert and enforce these provisions directly against you in their own name.

THIRD PARTY WEBSITES

The Website may provide links and/or refer you to other websites and/or resources, including, but not limited to, those owned and operated by third party providers. Because TheSoftware has no control over such websites and/or third party resources, you hereby acknowledge and agree that TheSoftware is not responsible for the availability of such websites and/or third party resources. TheSoftware further does not endorse and is not responsible for any terms, conditions, privacy policies, content, advertising, services, products and/or other materials on or available from such websites or third party resources, or for any damages and/or losses resulting therefrom.

PRIVACY POLICY / INFORMATION FOR VISITORS

Your use of the Website and any comments, feedback, information, registration information and/or materials you submit through or in connection with the Website are subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Website and any other personal information you provide, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, click here.

LEGAL NOTICE

Any attempt by any individual, whether a customer of TheSoftware or not, to damage, destroy, interfere with, vandalize and/or otherwise interfere with the operation of the Website is a violation of criminal and civil law, and TheSoftware will vigorously pursue all remedies in this regard against any offending individual or entity to the fullest extent permitted by law and in equity.

CHOICE OF LAW/LOCATION OF PLACE

Any disputes arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of Estonia (without regard to conflict of laws principles). Any award made shall be final and conclusive between the parties and judgment may be entered in any court of competent jurisdiction. Nothing herein shall be construed to prevent any party from seeking an injunction to protect its rights pending the outcome of the arbitration. You agree that, to the extent permitted by law, you will not file, join, or participate in any class action with respect to any claim, dispute, or controversy you may have against TheSoftware. and each of their respective attorneys, affiliates, subsidiaries, parents, agencies, and their respective members, officers, directors, employees, and representatives. You consent to the entry of an injunction to halt such litigation or to remove you as a party to the litigation. You agree to pay the attorneys' fees and court costs that TheSoftwareurs incurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to bring an individual claim, not as a class action in binding arbitration as set forth above. This provision, which prevents you from bringing, joining, or participating in a class action, is a separate agreement. If any part of the Agreement is held to be invalid or unenforceable, that part will be construed in accordance with applicable law, and the remaining parts will remain in full force and effect.