The Software WEBSITE TERMS OF USE. IMPORTANT - PLEASE READ
General provisions
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.
By using
(hereinafter «Website»), you agree to abide by these Website terms of
use, which govern the rights and obligations between the owner of the
domain on which this Website is located (hereinafter «Operator»), and
you as a User of this Website (hereinafter «You» or «User»).
This domain belongs to Operator on the basis of ownership, the
operational management of this advertising Website is performed solely
by Operator. The Website provides You with information about the
services and products of our partner(s) (hereinafter referred to as the
«Advertiser(s)»). The Website allows you, as a User of this Website, to
apply for the products or services of the Advertiser using its websites
(hereinafter referred to as the «Service»). The terms of use of the
Website are governed by the Website terms of use, which are published on
the Website (hereinafter referred to as the "Terms").
The Website acts as an online information platform and includes a
service that allows the User to submit applications for Products and/or
Services of the Advertiser that are advertised on the Website or using
the Advertiser’s websites (hereinafter «Service») through his tracking
platform (hereinafter «Software»).
The Operator only facilitates communication between the supplier of
products and / or services and the User. The Operator is not a provider
of any services and/or products.
When submitting any information, you agree with Website terms of use,
under which we providing information to you, in order to process your
application for concluding an agreement between you and the Advertiser
for the purchase of services or goods advertised on the Website or using
the Advertiser’s websites.
SCOPE AND MODIFICATION OF THE AGREEMENT
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website. The Agreement constitutes the entire and only 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 with respect to the Website. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website. By your continued use of the Website and/or Services, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
REQUIREMENTS
The Website and Services are available only to individuals who can enter into legally binding contracts under applicable law. The Website and Services are not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission 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/or other materials that are provided by TheSoftware and Third Party
Providers, and should not necessarily be relied upon. Please use caution, common sense and safety when using the
Subscription Content and/or Subscription Services. You agree that TheSoftware shall have no obligations and
incur no
liabilities to you in connection with any 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 understand and agree that TheSoftware is not responsible or liable in any manner whatsoever for
your inability to use the Subscription Services and/or Subscription Content. You understand and agree that
TheSoftware shall not be liable to you, any end-users or any third party, for any claim in connection with any
of
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. Please use
caution,
common sense and safety when using the Member Content and/or Membership Services. You agree that TheSoftware
shall
have no obligations and incur no liabilities to you in connection with any such Member Content. TheSoftware does
not
represent or warrant that the Member Content made available in connection with the Membership Services is
accurate,
complete or appropriate. You understand and agree that TheSoftware is not responsible or liable in any manner
whatsoever for your inability to use the Membership Services and/or Member Content. You understand and agree
that
TheSoftware shall not be liable to you, any end-users or any third party, for any claim in connection with any
of
the Membership Services.
Vendor Services
By completing the applicable purchase order forms, you can obtain, or attempt to obtain, certain products and/or
services from the Website. The products and/or services featured on the Website may contain descriptions that
are
provided directly by the Third Party Provider manufacturers or distributors of such items. TheSoftware does not
represent or warrant that the descriptions of such items are accurate or complete. You understand and agree that
TheSoftware is not responsible or liable in any manner whatsoever for your inability to obtain products and/or
services from the Website or for any dispute with the product’s seller, distributor and end-user consumers. You
understand and agree that TheSoftware shall not be liable to you or any third party for any claim in connection
with
any of the products and/or services offered on the Website.
General
The information that you must supply in connection with registering for the Services may include, without
limitation, some or all of the following: (a) your full name; (b) company name; (c) e-mail address; (d) mailing
address (and billing address if different); (e) home telephone number; (f) work telephone number; (g) telecopier
number; (h) credit card information; and/or (i) any other information requested on the applicable registration
form
(“Service Registration Data”). You agree to provide true, accurate, current and complete Service Registration
Data.
TheSoftware has the right to reject any Service Registration Data where it is determined, in the sole and
exclusive
discretion of TheSoftware, that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Service
Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable.
TheSoftware
may change the Registration Data criteria at any time, in its sole discretion. Unless explicitly stated
otherwise,
any future offer(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current
features of the Website shall be subject to the Agreement. You understand and agree that TheSoftware is not
responsible or liable in any manner whatsoever 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 discontinuation of any Services or other product, service or promotion 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 or responsibility to you. You understand and agree that refusal to use the
Website is your sole right and remedy with respect to any dispute that 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 exclusively for advertising and informational purposes and
should not be used for other purposes, all materials are intended only
for imitation or modeling. The Content may not be accurate and not based
on accurate real events or facts, however, any and all information
perceived from the Content in a visual, oral or written form is not
financial, legal, tax or other professional advice and is not intended
as replacement consultation with a qualified professional. The Operator
makes no warranties or statements regarding the applicability, accuracy,
suitability or completeness of the Content, the information contained in
it is intended for informational and advertising purposes only, and all
reservations presented above should be taken into account. Thus, based
on the foregoing, if you want to use and apply the Software, you take
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.
All results presented in the methodology and / or system that is
available in the Content do not necessarily indicate future results. No
guarantees are given, no statements are made that any User will or may
receive profits or losses similar to those indicated in the Content.
Past execution of any system or strategy that might be displayed in the
Content doesn't really demonstrate future execution and results that may
be achieved. We emphatically prescribe that you counsel with your expert
counselor before ever putting or exchanging any budgetary instrument. We
strongly recommend that you consult with your personal consultant who
has enough professional skills before ever investing or trading in 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 recommendations, or recommendations regarding investment strategy,
suitability, profitability, or other issues.
Service usage
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 several accounts registered by the same
individual or legal entity is not allowed and may lead to the closure by
the Operator of as any and all accounts as the Operator considers
necessary. Use of the Service is voluntary and free.
By using the Website, you consent to your identification and password
being kept confidential and you agree not to use the account of another
authorized user.
The Operator is not responsible for any loss or damage resulting from
your non-compliance with these obligations, is not responsible for any
damage caused by theft, hacking or any other unauthorized use of your
password, identification data or other means of identification.
During registration, the User is obliged to provide the Operator with
true, accurate and complete information when registering by filling it
in the registration form of the Website. The User agrees to comply with
all applicable local, state, national and international laws and
regulations regarding the use of the Website, the Service and/or the
Software. In addition, the User acknowledges and agrees that the use of
the Internet and access or transfer or connection to the Website is
entirely at his/her own risk.
In case of any violation, the Operator is not responsible for the
security of any information transmitted to or from the Website. The User
assumes all responsibility in relation to actions related to his/her use
of the Website, including, but not limited to, maintaining or backing up
any data.
The Operator makes all commercially reasonable efforts to make the
Software and/or Service available to the User. The User acknowledges
that some components of the Service and/or Software may be provided by a
third party, and thus there may be delays, errors, malfunctions, data
delay, etc., which the Operator cannot control. The Operator cannot give
any guarantees and does not bear any responsibility for cases when the
Service and/or the Software are uninterrupted or error-free, or that
defects in the Service and/or the Software are corrected.
The Оperator receive any personal data in accordance with the Privacy
Policy. The User agrees to read and accept the Privacy Policy before
submitting any personal data on this Website. The User acknowledges that
using the Website and using the Service requires the use of his/her
personal data.
Any User agrees to read and accept the Privacy Policy before submitting
any personal data on this Website, in case the User finds out about a
violation or potential violation of security in relation to any personal
data provided to the Operator, or about any unauthorized hacking of the
Website, the User shall:
1) immediately notify the Operator of such a violation or potential
violation;
2) provide assistance to the Operator if it is reasonably necessary to
prevent or eliminate any such violation;
3) allows the Operator to comply with any applicable laws requiring
reports of a security breach that leads to any violations related to the
identification of personal data.
Although the Website may be accessible worldwide, not all functions or
Services offered on the Website are suitable or available for use in all
countries. The Operator reserves the right to limit, at its discretion,
the provision and quantity of any function or Service to any person or
geographical region. In any way the choice to use the Website, the
Service and/or the Software is under full responsibility of User, who
should comply with the current legislation.
IP rights
The copyright to the Content belongs to both the Operator and its
partners, and they cannot be stored, copied or modified in any format,
sold or used in any way under any circumstances, distributed or
transferred in any way without special permission of the Operator.
Information, modules, patents, patent disclosures, patent applications,
and all rights in 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 the registration
thereof together with all of the goodwill associated therewith,
algorithms, business methods, user interfaces, graphic design and
software, software architecture, algorithms, data structures; and all
developments, derivatives and improvements to them, regardless of
whether they are 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 thereof now or hereafter in effect
(collectively referred to as “Intellectual Property”), are fully owned
by the Operator, its branches, its successors and assigns, are
controlled and licensed by him, as well as / or by third parties who
have granted the Operator a license to use such intellectual property.
The Operator provides the User with 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, lease, lease, sell, use or
distribute in any way any data, intellectual property or material,
provided by the Operator through the Website in any way not expressly
permitted by these Terms. Any alteration, recompilation, translation,
creation of any derivative works, disassembly, publication, deletion,
alteration of any proprietary notices or labels, to provide protective
interests or otherwise use the Website in any way not expressly
permitted in this document for the User or any third party.
You may not use any “deep link”, “page clear”, “robot”, “spider” or
other automatic device, program, script, algorithm or methodology or any
similar or equivalent manual process to access, receive, copy or control
any part of the Website or in any way reproduce or bypass the navigation
structure or presentation of the Website in order to receive or attempt
to receive any materials, documents or information by any means,
intentionally available through the Website,
or try to gain unauthorized access to any part or function of the
website, including, without limitation, the account of any user (s), any
other systems or networks connected to the website or its servers, to
any of the services offered on or through Website, hacking, password
"mining", or any other illegal or prohibited method,
or Investigate, scan, or test the vulnerability of the Website or any
network connected to the Website, and not to violate security measures
or authentication on the Website or on any network connected to the
Website,
or reverse search, track, or try to track any information about any user
or visitor to the Website, or take any action that creates an
unreasonable or disproportionately large load on the infrastructure of
the Website, system, networks or any systems or networks associated with
it, or use any device, software or procedures to interfere with the
normal operation of the Website or the transactions conducted on the
Website or the use of the Website by any other person,
or fake headers, pretend to be another person or otherwise manipulate
identifiers to hide the true identity or origin of any message or
transmission sent to or from the Operator on 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 Operator’s name,
logo or similar name on another domain, distribute, resell or otherwise
allow third parties access to the Website and its use, in whole or in
part, without explicit, separate and prior written permission Operator,
or use the Website in any other illegal way or in a way that may be
perceived as causing harm, humiliation or other negative impact on the
Operator. Attempting to unauthorized use of this Website may constitute
an offense. The Operator reserves the right to view, track and register
actions on the Website, including, without limitation, by archiving
notifications or messages sent by the User through the Website. Also,
the Operator reserves the right to change, suspend, terminate or
interrupt work 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 it is
and does not give any express or implied warranties, representations or
endorsements.
The Operator refuses any violations in relation to the Website, Service,
Software, any information or third-party information or links provided
to them. The Operator is not responsible for any costs or damages
arising directly or indirectly as a result of any such transaction.
The Operator shall under no circumstances be liable to any party for any
direct, indirect, implied, punitive, special, incidental or other
indirect losses arising directly or indirectly from any use of the
Website, Content and Software that is provided as is, and without any
warranty.
The use of the Website, Content and Software is at the User’s own risk
and responsibility.
Any claims for compensation for losses, one way or another, may not be
applicable to the Operator, under no circumstances will the Operator be
liable for losses (including direct, indirect, indirect or special
losses), even if he is informed of the possibility of such losses
arising as a result of your use or personal dependence on this Website.
The Advertiser remains solely and fully responsible for any violations
in relation to the Content of advertising materials, accuracy and/or
quality of information, Products and/or Services, Software and for any
party of it, for any direct, indirect, implied, punitive, special,
incidental or other indirect losses arising directly or indirectly from
any use of the Website, Content of advertising materials, information
and/or Software.
Any claims for compensation for losses, one way or another, or any other
claims and/or complaints in relation to the Website, Content of
advertising materials, accuracy and/or quality of information, Products
and/or Services, Software shall be raised and/or filed to the
Advertiser.
The quality, non-violation, accuracy, completeness or reliability of any
third-party materials, programs, products displayed on such a
third-party website or which you can access through a link to such a
website is not confirmed in any way by the Operator, and the Operator
does not give any guarantees regarding of this.
The Operator expressly disclaims responsibility for the content,
materials, accuracy and/or quality of information, products and/or
services available or advertised on these third-party websites. All
communication or relations between the User and a third party occur
exclusively between the User and such third party and in no way affect
the Operator.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TheSoftware SHALL 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; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF,
YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO 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. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE TheSoftware AND
ALL OF TheSoftware’S THIRD PARTY PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE
LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF
TheSoftware TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF
DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TheSoftware. 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 WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
OTHER
If the Operator is not able to insist or ensure strict implementation of
any provision of these Terms, this should be construed as a waiver of
any provision or right in accordance with these Terms or legislation.
Legal relationships established in accordance with this Terms will be
governed by and construed in accordance with the laws of Hong Kong.
The date of actual use of the Website by the User is the date of
regulation of relations between the User and the Operator. The rights
and obligations of the parties are exercised upon registration of the
User.
The Operator may transfer its rights and obligations in accordance with
these Terms to any party and at any time without notifying the User. The
User has no right and cannot assign any rights or obligations of the
User 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 remain in force after the termination of these
Terms: IP rights, Limitation of liability and any other provisions of
these Terms that by their nature remain in force after the termination
of this Terms.
These Terms may from time to time be changed or supplemented by the
Operator unilaterally. The new edition of the Terms comes into force
from the moment they are published on the Website. If the User does not
agree with the new Terms, he/she stops using the Website and the
Service.
Written communication or business relations between the parties also
include communication or business relations by e-mail without an
electronic signature, unless otherwise expressly provided herein. In the
event that any part or provision of this Terms is deemed illegal or
ineffective for any reason, neither validity nor the rest will be
affected.
CONTESTS
From time-to-time, TheSoftware offers promotional prizes and other awards via Contests. By providing true and accurate information in connection with the applicable Contest registration form, and agreeing to the Official Contest Rules applicable to each Contest, you can enter for a chance to win the promotional prizes offered through each Contest. To enter into the Contests featured on the Website, you must first fully complete the applicable entry form. You agree to provide true, accurate, current and complete Contest Registration Data. TheSoftware has the right to reject any Contest Registration Data where it is determined, in the sole and exclusive discretion of TheSoftware, that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Contest Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. TheSoftware may change the Registration Data criteria at any time, in its sole discretion.
LICENSE GRANT
As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website, Content and associated material in accordance with the Agreement. TheSoftware may terminate this license at any time for any reason. You may use the Website and Content on one computer for your own 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, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Content, Contests and/or Services or any portion thereof. TheSoftware reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere 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 not transferable.
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. The posting of information or material on the Website, or by and through the Services, by TheSoftware does not constitute a waiver of any right in or to such information and/or materials. The TheSoftware name and logo, and all associated graphics, icons and service names, are trademarks of TheSoftware. All other trademarks appearing on the Website or by and through the Services are the property of their respective owners. The use of any trademark without the applicable owner’s express written consent is strictly prohibited.
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
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing 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 AND 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). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, 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; (B) 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 BE UNINTERRUPTED, 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 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 BE ACCURATE OR RELIABLE. 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 MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TheSoftware, ANY OF ITS THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitors download information from the Website at their own risk. TheSoftware makes no warranty that such downloads are free of corrupting computer codes including, but not limited to, viruses and worms.
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.
LEGAL WARNING
Any attempt by any individual, whether or not a TheSoftware customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, is a violation of criminal and civil law and TheSoftware will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
CHOICE OF LAW/VENUE
Any disputes arising out of or related to the Agreement shall be governed by and construed in accordance with the laws of Estonia (without regard to conflict of law principles). Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against TheSoftware. and each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that TheSoftwareurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
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