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
You must agree to the terms and conditions stated in the Agreement when using the Website. The Agreement serves as the sole agreement between you and TheSoftware regarding your use of the Website, replacing any previous or contemporaneous agreements, representations, warranties, and/or understandings related to the Website. We reserve 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 confirming your compliance with all the terms and conditions outlined in the current Agreement. Therefore, regularly checking this page for updates and/or changes is advised.
REQUIREMENTS
The Website and Services are exclusively available to individuals who have the legal capacity to enter into binding contracts under applicable law. Individuals under the age of eighteen (18) are not permitted 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, upon registration on the Website and approval from TheSoftware, the Subscription Services can be obtained, either for a fee or free of charge. These services will provide you with e-mail content, text, and other materials (referred to as “Subscription Content”) related to online marketing, which is offered by TheSoftware and its Third Party Providers. To stop receiving the Subscription Content, please email support@fxrevenge.net. It is important to note that the Subscription Content includes comments, opinions, and other materials provided by TheSoftware and Third Party Providers, and should not be solely relied upon. Please exercise caution, use common sense, and prioritize safety when using the Subscription Content and/or Subscription Services. By agreeing to these conditions, you acknowledge that TheSoftware assumes no obligations or liabilities regarding the Subscription Content. TheSoftware does not guarantee the accuracy, completeness, or appropriateness of the Subscription Content related to the Subscription Services.
Membership Services
Subject to the terms and conditions of the Agreement and the Membership Agreement, upon registering on the Website, agreeing to the Membership Agreement, and obtaining approval from TheSoftware, you can access one of the various Membership programs offered by MTS Advertise OU, either for a fee or free of charge. To obtain a copy of the Membership Agreement, please visit the specific Membership website. TheSoftware Membership programs provide access to content, text, and other materials (referred to as “Member Content”) offered by TheSoftware and specific Third Party Providers. These resources are designed to assist Members in their online marketing endeavors. It is important to note that the Member Content includes comments, opinions, and other materials provided by TheSoftware and Third Party Providers, and should not be solely relied upon.
Vendor Services
By completing the relevant purchase order forms, you can obtain, or attempt to obtain, specific products and/or services from the Website. The descriptions of these products and/or services featured on the Website may be provided 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 any difficulties you may experience in obtaining products and/or services from the Website or for any disputes with the sellers, distributors, or end-user consumers. You also acknowledge and agree that TheSoftware will not be held responsible for any claims made in connection with 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 but is 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 (referred to as “Service Registration Data”).
Unless stated otherwise, any future offers available on the Website that enhance or expand the current features of the Website will be subject to the Agreement. You understand and agree that TheSoftware is not liable for any difficulties you may have in using and/or qualifying for the Services. You also acknowledge and agree that TheSoftware will not be held liable for any changes, suspensions, or discontinuations of the Services or other products.
CONTESTS
TheSoftware occasionally offers Contests where participants have a chance to win promotional prizes and other awards. By providing accurate and genuine information on the Contest registration form and agreeing to the Official Contest Rules, you become eligible to enter and win these prizes. To participate in the Contests available on the Website, you must complete the relevant entry form with true, 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 use the Website, Content, and associated material according to the Agreement. TheSoftware reserves the right to terminate this license for any reason, at any time. You may only use the Website and Content for personal, non-commercial purposes on a single computer. Reproduction of any part of the Website, Content, Contests, and/or Services, or their incorporation into any electronic or mechanical information retrieval system, is strictly prohibited. You may not copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Website, Content, Contests, and/or Services, or any portion thereof.
PROPRIETARY RIGHTS
The Website, Content, Contests, and Services are protected by copyrights, trademarks, and other proprietary rights. You are strictly prohibited from copying, redistributing, publishing, or selling any part of the Website, Content, Contests, and/or Services. Any attempt to retrieve material systematically from the Website, Content, Contests, and/or Services through automated means or any form of scraping or data extraction, in order to create a collection, compilation, database, or directory without written permission from TheSoftware, is prohibited. Your access to the Website, Content, Contests, and/or Services does not grant you ownership rights to any content, document, software, services, or other materials.
HYPERLINKING TO THE WEBSITE, CO-BRANDING, “FRAMING” AND/OR REFERENCING THE WEBSITE PROHIBITED
Hyperlinking the Website, or any portions thereof, to another website or web venue is strictly prohibited without express authorization from TheSoftware. Additionally, framing the Website or referencing its Uniform Resource Locator (“URL”) in any commercial or non-commercial media without prior written permission from TheSoftware is strictly prohibited. You agree to cooperate with the Website in removing any such content or activity, and acknowledge your liability for associated damages.
EDITING, DELETING AND MODIFICATION
We have the right to edit and/or delete any documents, information, or other content that appears on the Website.
DISCLAIMER
The Website, Services, Contests, Content, third-party products received from our third-party providers, and any other products and/or services applied for through the Website are provided on an “as is” and “as available” basis. All warranties, expressed or implied, are disclaimed to the fullest extent permitted by applicable law, including but not limited to warranties of merchantability, non-infringement of intellectual property, and fitness for a particular purpose. Specifically, TheSoftware does not guarantee that: (A) the Website, Services, Contests, Content, third-party products received from our third-party providers, and/or any other products and/or services applied for through the Website will meet your requirements.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
When visitors download information from the Website, they assume the risk themselves. TheSoftware offers no guarantee that such downloads are free from harmful computer codes, including viruses and worms.
LIMITATION OF LIABILITY
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). This limitation applies fully to: (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 obtaining 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 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 act that intends to damage, destroy, tamper with, vandalize, or disrupt the functioning of the Website, whether the individual involved is a TheSoftware customer or not, is considered a violation of criminal and civil law. TheSoftware will take all necessary actions, within the boundaries of law and fairness, to seek remedies against any person or entity responsible for such actions.
CHOICE OF LAW/VENUE
Any disputes that arise from or are related to the Agreement will be governed by and interpreted in accordance with the laws of Estonia, without considering conflict of law principles. Any resulting judgment shall be final and binding for all parties involved, and can be issued by any court with appropriate jurisdiction. This provision does not prohibit any party from seeking injunctive relief to protect their rights until a final decision is made in arbitration. You agree that, to the extent allowed by law, you will not initiate, participate in, or join any class action lawsuit concerning any claim, dispute, or controversy you may have against TheSoftware, as well as their legal representatives, affiliates, subsidiaries, parents, agencies, and their respective members, officers, directors, employees, and agents. Additionally, you consent to the granting of injunctive relief to halt such a lawsuit or remove you as a participant.