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 are agreeing to the terms and conditions set forth in the Agreement. This Agreement is the only agreement between you and TheSoftware regarding your use of the Website, and it replaces any prior or contemporaneous agreements, representations, warranties, and/or understandings related to the Website. TheSoftware reserves the right to modify the Agreement at any time without specific notice to you. The most recent version of the Agreement will be posted on the Website, and it is your responsibility to review it before using the Website. By continuing to use the Website and/or Services, you are agreeing to comply with all the terms and conditions in the Agreement in effect at that time. Please check this page regularly for updates and/or changes.

REQUIREMENTS

The Website and Services are only available to individuals who can legally enter into contracts according to applicable law. They are not intended for individuals under the age of eighteen (18). If you are under the age of eighteen (18), you are not authorized to access or use the Website and/or Services.

DESCRIPTION OF THE SERVICES

Subscription Services

Subject to the terms and conditions of the Agreement, upon registration on the Website and approval from TheSoftware, you will have the opportunity to obtain, with or without a fee, the Subscription Services. These services will provide you with e-mail content, text, and other materials (referred to as “Subscription Content”) relevant to online marketing, which are provided by TheSoftware and its Third Party Providers. If you wish to stop receiving the Subscription Content, you can email us at support@fxrevenge.net. It is important to exercise caution, common sense, and prioritize safety when using the Subscription Content and/or Subscription Services. Please note that TheSoftware holds no obligations or liabilities towards you in regards to any Subscription Content. The accuracy, completeness, and appropriateness of the Subscription Content made available through the Subscription Services are not guaranteed by TheSoftware.

Membership Services

By registering on the Website, accepting the Membership Agreement, and receiving approval from TheSoftware, you will have the opportunity to obtain, with or without a fee, a Membership in any of the Membership programs offered by MTS Advertise OU. For a copy of the Membership Agreement, please visit the specific Membership’s website. TheSoftware’s Membership programs allow you to access content, text, and other materials (referred to as “Member Content” along with the Subscription Content as the “Content”) provided by TheSoftware and select Third Party Providers, which are designed to support Members in their online marketing endeavors. The Member Content includes comments, opinions, and other materials provided by TheSoftware and Third Party Providers, but it should not be solely relied upon.

Vendor Services

By completing the relevant purchase order forms available on the Website, you can access or attempt to access certain products and/or services. The descriptions of these products and/or services, which are provided directly by the manufacturers or distributors, may not be accurate or comprehensive. TheSoftware does not take responsibility for the accuracy or completeness of these descriptions. You acknowledge and agree that TheSoftware is not liable for any failure to obtain products and/or services from the Website or any dispute with the seller, distributor, or end-user consumers of the products. You also acknowledge and agree that TheSoftware is not liable for any claims related to the products and/or services offered on the Website.

General

When registering for the Services, you may be required to provide certain information, which may include: (a) your full name, (b) company name, (c) email address, (d) mailing address (and billing address if different), (e) home telephone number, (f) work telephone number, (g) fax number, (h) credit card information, and/or (i) any other information requested on the registration form (“Service Registration Data”).

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

CONTESTS

Promotional prizes and other awards are occasionally offered by TheSoftware through Contests. To have a chance at winning these prizes, you must provide accurate information on the Contest registration form and agree to the Official Contest Rules. In order to participate in the Contests on the Website, you must complete the appropriate entry form and ensure that the Contest Registration Data is truthful, accurate, current, and complete.

LICENSE GRANT

By being a user of the Website, you have been granted a limited, revocable, non-exclusive and non-transferable license to access and use the Website, Content, and associated material as outlined in the Agreement. TheSoftware reserves the right to terminate this license at any time and for any reason. You may only use the Website and Content for personal, non-commercial purposes on a single computer. It is strictly prohibited to reproduce any part of the Website, Content, Contests, and/or Services in any form or incorporate them into any electronic or mechanical information retrieval system. You are not allowed to use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Content, Contests, and/or Services, or any portion of them.

PROPRIETARY RIGHTS

The Website, Content, Contests, and Services are protected by copyrights, trademarks, and other proprietary rights. You are not allowed 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 to create a collection, compilation, database, or directory is prohibited. Ownership rights to any viewed content, document, software, services, or materials are not acquired by the user.

HYPERLINKING TO THE WEBSITE, CO-BRANDING, “FRAMING” AND/OR REFERENCING THE WEBSITE PROHIBITED

Unauthorized hyperlinking of the Website or its portions, including logos, trademarks, branding, or copyrighted material, to other websites is prohibited. Framing the Website or referencing its URL in any media without written permission is strictly forbidden. Users agree to cooperate with the Website to remove such content or activity, and they acknowledge their liability for associated damages.

EDITING, DELETING AND MODIFICATION

We have the discretion to modify or delete any documents, information, or other content that appears on the Website.

DISCLAIMER

The Website, Services, Contests, Content, any third-party products received from our providers, and any other products/services applied for through the Website are provided on an “as is” and “as available” basis. We disclaim all warranties, expressed or implied, to the fullest extent permitted by law. This includes disclaiming any warranties of merchantability, non-infringement of intellectual property, and fitness for a particular purpose. Specifically, but not limited to this, TheSoftware does not guarantee that: (A) the Website, Services, Contests, Content, any third-party products received from our providers, and any other products/services applied for through the Website will meet your requirements.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitors assume the risk of downloading information from the Website. TheSoftware does not guarantee that such downloads are free from computer codes that may corrupt, such as viruses and worms.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT TheSoftware WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, 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 PERMITTED BY LAW FOR: (A) THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS RECEIVED FROM OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES APPLIED FOR THROUGH THE WEBSITE; (B) THE COST OF ACQUIRING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE; (C) FAILURE TO QUALIFY FOR THE CONTESTS, SERVICES, OR THIRD PARTY PRODUCTS FROM ANY OF OUR THIRD PARTY PROVIDERS, OR ANY SUBSEQUENT DENIAL OF THIRD PARTY PRODUCTS FROM THE SAME;

INDEMNIFICATION

You 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.

Any attempt made by any individual, whether or not they are a customer of TheSoftware, to cause harm, destroy, manipulate, vandalize or otherwise disrupt the functioning of the Website, is considered a violation of both criminal and civil law. TheSoftware is committed to taking all necessary measures within the boundaries of the law to pursue appropriate actions against any individual or entity involved in such activities.

CHOICE OF LAW/VENUE

Any disputes that arise in connection with or relating to the Agreement will be governed by and interpreted in accordance with the laws of Estonia, without considering conflict of law principles. Any decision made shall be final and binding for all parties involved, and a judgment based on the decision may be issued in any court that holds appropriate jurisdiction. This provision should not be understood as preventing any party from seeking injunctive relief to protect their rights while awaiting a resolution through arbitration. To the extent permitted by law, you agree that you will not initiate, participate, or be a member of any class-action lawsuit regarding any claims, disputes, or controversies you may have against TheSoftware, its legal representatives, affiliates, subsidiaries, parents, agencies, and their respective members, officers, directors, employees, and agents. You also agree that injunctive relief may be sought to halt such a lawsuit or remove you from participation.