The Software WEBSITE TERMS OF USE IMPORTANT – PLEASE READ
Thank you for visiting the website (the “Website”) on which you found the link to these Terms Of Use (the “Website”). The Website is an Internet property of TheSoftware. (referred to collectively as “TheSoftware,” “we” and “us”). You agree to be bound by these TheSoftware Website Terms of Use (“Terms of Use”), in their entirety, when you: (a) access the Website; (b) register for a newsletter or subscribe to a mailing list or request information by and through the Website (“Subscription Services”); (c) register to participate in promotions, contests and/or sweepstakes offered by TheSoftware from time to time (each, a “Contest”); (d) join, or attempt to join, an affiliate program or other membership organization featured on the Website (“Membership Services”); and/or (e) order a product and/or service through the Website (“Vendor Services, and together with the Subscription Services and Membership Services, the “Services”). TheSoftware Privacy Policy (“Privacy Policy”), the Official Contest Rules applicable to each Contest, TheSoftware Purchase Agreement(s) (“Purchase Agreement”), TheSoftware Membership Agreement(s) (“Membership Agreement”), as well as any other operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Services and/or Website in any manner or form.
TheSoftware SPECIFICALLY DENIES ACCESS TO THE WEBSITE AND/OR SERVICES BY ANY INDIVIDUAL THAT IS COVERED BY THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998, AS AMENDED (“COPPA”). TheSoftware RESERVES THE RIGHT TO DENY ACCESS TO THE SERVICES AND/OR WEBSITE TO ANY INDIVIDUAL, IN ITS SOLE AND EXCLUSIVE DISCRETION.
SCOPE AND MODIFICATION OF THE AGREEMENT
By using the Website, you agree to abide by the terms and conditions outlined in the Agreement. This Agreement serves as the exclusive agreement between you and TheSoftware regarding the use of the Website and supersedes any previous or contemporary agreements, representations, warranties, or understandings related to the Website. We reserve the right to amend the Agreement at our own discretion without prior notice. Any updates or changes to the Agreement will be posted on the Website. Therefore, it is your responsibility to review the Agreement before using the Website or its Services. Your continued use of the Website and/or Services indicates your acceptance and compliance with the terms and conditions within the then-current Agreement. Make sure to regularly check this page for any updates or changes.
REQUIREMENTS
The Website and Services are intended for use only by individuals who can form legally binding contracts under applicable law. Users must be at least eighteen (18) years old to access and use the Website and Services. If you are under the age of eighteen (18), you are prohibited from accessing and using the Website and Services.
DESCRIPTION OF THE SERVICES
Subscription Services
Subject to the terms and conditions of the Agreement, if you register on the Website and receive approval from TheSoftware, you can obtain, or attempt to obtain, the Subscription Services for a fee or for no fee. The Subscription Services will provide you with e-mail content, text, and other materials called the “Subscription Content” that are relevant to online marketing. TheSoftware, along with its third-party partners called the “Third-Party Providers,” offers these services. If you wish to stop receiving the Subscription Content, you can send an email to support@fxrevenge.net. Please note that the Subscription Content consists of comments, opinions, and/or other materials provided by TheSoftware and Third-Party Providers. Please exercise caution, use common sense and ensure your safety while using the Subscription Content and/or Subscription Services. You agree that TheSoftware has no obligations and is not liable to you regarding any Subscription Content. TheSoftware cannot guarantee the accuracy, completeness, or appropriateness of the Subscription Content made available through the Subscription Services.
Membership Services
Subject to the terms and conditions of the Agreement and the Membership Agreement, if you register on the Website, agree to the Membership Agreement, and receive approval from TheSoftware, you can obtain, or attempt to obtain, a Membership in one of the various Membership programs offered by MTS Advertise OU for a fee or for no fee. To access a copy of the Membership Agreement, please visit the website specific to the Membership program you are interested in. TheSoftware Membership programs allow you to access content, text, and other materials called the “Member Content” (together with the Subscription Content, known as the “Content”) provided by TheSoftware and certain Third-Party Providers. These Membership programs are designed to assist Members in their online marketing endeavors. The Member Content consists of comments, opinions, and other materials provided by TheSoftware and Third-Party Providers. Please note that the Member Content should not necessarily be relied upon.
Vendor Services
By completing the applicable purchase order forms, you can acquire, or attempt to acquire, specific products and/or services from the Website. The Website displays products and/or services that are described directly by the manufacturers or distributors who are Third Party Providers. TheSoftware does not guarantee the accuracy or completeness of these descriptions. You acknowledge and agree that TheSoftware is not liable for your failure to obtain products and/or services from the Website or for any disputes with sellers, distributors, or end-user consumers. You understand and agree that TheSoftware is not liable to you or any third party for any claims related to the products and/or services offered on the Website.
General
When registering for the Services, you may need to provide various information, including but not limited to: (a) your full name; (b) company name; (c) email address; (d) mailing address (and separate billing address, if applicable); (e) home telephone number; (f) work telephone number; (g) fax number; (h) credit card details; and/or (i) any other information requested on the registration form (“Service Registration Data”).
Unless stated otherwise, any future offers provided to you on the Website that enhance or expand the current features of the Website are subject to the Agreement. You understand and agree that TheSoftware is not responsible or liable for your inability to qualify for or use the Services. You also acknowledge and agree that TheSoftware is not liable to you or any third party for any modifications, suspensions, or discontinuations of Services or other products.
CONTESTS
Promotional prizes and other awards are offered through Contests by TheSoftware periodically. To be eligible to win these prizes, you must provide accurate information on the Contest registration form and agree to the Official Contest Rules. To participate in the Contests on the Website, you must complete the appropriate entry form with true, accurate, current, and complete Contest Registration Data.
LICENSE GRANT
As a user of the Website, you are granted a limited, non-transferable, non-exclusive, and revocable license to access and utilize the Website, Content, and associated material as outlined in the Agreement. TheSoftware holds the right to terminate this license for any reason at any time. You are permitted to use the Website and Content for personal, non-commercial purposes on a single computer. Reproduction of any portion of the Website, Content, Contests, and/or Services in any form or integration 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 part thereof.
PROPRIETARY RIGHTS
The Website, Content, Contests, and Services contain protectable elements, including but not limited to content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, and services. These elements are safeguarded under applicable 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. Unauthorized retrieval of material from the Website, Content, Contests, and/or Services through means such as automated retrieval, scraping, data extraction, or any other technique 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 content, document, software, services, or other materials viewed on or through the Website, Content, Contests, and/or Services.
HYPERLINKING TO THE WEBSITE, CO-BRANDING, “FRAMING,” AND/OR REFERENCING THE WEBSITE PROHIBITED
Unless expressly authorized by TheSoftware, no one may hyperlink the Website or portions thereof, including but not limited to logotypes, trademarks, branding, or copyrighted material, to their website or web venue for any reason. Additionally, “framing” the Website and/or referencing the Uniform Resource Locator (“URL”) of the Website in any commercial or non-commercial media without prior express written permission from TheSoftware is strictly prohibited. By agreeing to these terms, you also agree to assist the Website in the removal or discontinuation, as applicable, of any such content or activity. You acknowledge that you are liable for any and all damages associated with such actions.
EDITING, DELETING AND MODIFICATION
We retain the authority to modify or delete any materials, information, or other content visible on the Website.
DISCLAIMER
THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS 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). SPECIFICALLY, TheSoftware DISCLAIMS ANY 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 SATISFY YOUR REQUIREMENTS;
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Downloads from the Website are solely the responsibility of the visitors. TheSoftware does not guarantee that these downloads are free from computer codes that may cause damage, such as viruses and worms.
LIMITATION OF LIABILITY
You acknowledge and agree that TheSoftware is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages incurred by you or any third party. These damages include, but are not limited to, loss of profits, goodwill, use, data, or other intangible losses. This applies to the fullest extent permitted by law for: (A) your 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 obtained through the Website; (B) the cost of acquiring substitute goods and services resulting from any goods, data, information, and/or services purchased or obtained from the Website; (C) failure to qualify for contests, services or third party products from our third party providers, or any subsequent denial of third party products from the same;}
INDEMNIFICATION
You agree to indemnify and hold TheSoftware, each of their parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website, Services, Content and/or entry into any Contest; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of TheSoftware, each of their parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
THIRD PARTY WEBSITES
The Website may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, those owned and operated by Third Party Providers. Because TheSoftware has no control over such third party websites and/or resources, you hereby acknowledge and agree that TheSoftware is not responsible for the availability of such third party websites and/or resources. Furthermore, TheSoftware does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
PRIVACY POLICY/VISITOR INFORMATION
Use of the Website, and all comments, feedback, information, Registration Data and/or materials that you submit through or in association with the Website, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Website, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, please Click Here.
LEGAL WARNING
Engaging in any activity that aims to damage, destroy, tamper with, vandalize, or otherwise disrupt the functioning of the Website is considered a violation of both criminal and civil law. TheSoftware is committed to pursuing all available legal and equitable remedies against any individual or entity responsible for such offenses.
CHOICE OF LAW/VENUE
Any disputes arising from or relating to the Agreement will be governed by Estonian laws, without considering conflicts of law principles. Any resulting awards will be considered final and binding, and can be enforced in any court with jurisdiction. This provision does not prevent any party from seeking injunctive relief to protect their rights while arbitration is pending. You agree not to participate in any class action lawsuit against TheSoftware, its legal representatives, affiliates, subsidiaries, parents, agencies, members, officers, directors, employees, and agents. If you do, you may be removed from the lawsuit.