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 online property of TheSoftware (collectively referred to as "TheSoftware," "we," or "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 subscription or join 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 "Contests"); (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 ("Vendor Services" and collectively with 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 operational rules, policies, price lists, and other supplemental terms or documents that may be published from time to time, are expressly incorporated into this Agreement by reference (hereinafter collectively referred to as the "Agreement"). Please carefully review the full terms of the Agreement. If you do not fully agree with the Agreement, you are not authorized to use the Services and/or the Website in any manner or form.
TheSoftware EXPRESSLY PROHIBITS ACCESS TO THE WEBSITE AND/OR SERVICES BY ANY PERSON SUBJECT TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998, AS AMENDED ("COPPA"). TheSoftware reserves the right to DENY ACCESS TO THE SERVICES AND/OR THE WEBSITE TO ANY INDIVIDUAL, at its sole discretion.
By using the Website (hereinafter referred to as the "Website"), you agree to comply with these Website Terms of Use, which govern the rights and obligations between the domain owner on which this Website is hosted (hereinafter referred to as the "Operator") and you as a user of this Website (hereinafter referred to as "You" or "User").
This domain is owned by the Operator, and the operation and management of this advertising Website are exclusively performed 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 enables you, as a User of this Website, to request products or services from the Advertiser(s) through their website(s) (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 operates as an online information platform and includes a service that allows the User to submit requests for products and/or services from the Advertiser, which are advertised on the Website or through the Advertiser's website(s) (hereinafter referred to as the "Service"), via its tracking platform (hereinafter referred to as the "Software").
The Operator solely facilitates communication between the provider 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 to process your request to enter into a contract between you and the Advertiser for the purchase of services or goods advertised on the Website or through the Advertiser's website(s).
You agree to the terms set forth in the Agreement with respect to your use of the Website. The Agreement constitutes the complete and sole agreement between you and TheSoftware regarding your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties, and/or understandings regarding the Website. We may amend the Agreement from time to time at our sole discretion without specifically notifying you. The latest Agreement will be posted on the Website, and you should review it before using the Website. By continuing to use the Website and/or Services, you hereby agree to comply with all terms and conditions contained in the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
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 persons under eighteen (18) years of age. If you are under eighteen (18) years of age, you are not authorized to use and/or access the Website and/or the Services.
Subject to the terms of the Agreement, by registering on the Website and receiving approval from TheSoftware, you may obtain or attempt to obtain, for a fee or free of charge, Subscription Services. Subscription Services 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 includes comments, opinions, and/or other materials provided by TheSoftware and Third-Party Providers, and you should not necessarily rely on them. Please exercise caution, common sense, and safety when using Subscription Content and/or Subscription Services. You agree that TheSoftware has no obligations or liabilities to you in connection with such Subscription Content. TheSoftware does not represent or warrant that the Subscription Content provided in connection with the Subscription Services is accurate, complete, or appropriate. You acknowledge and agree that TheSoftware is not responsible for your inability to use the Subscription Services and/or Subscription Content. You understand and agree that TheSoftware is not liable to you, end users, or third parties for any claims related to any Subscription Services.
Subject to the terms of the Agreement and the Membership Agreement, by registering on the Website, agreeing to the Membership Agreement, and receiving approval from TheSoftware, you may obtain or attempt to obtain, for a fee or free of charge, membership in one of the various membership programs offered by MTS Advertise OU. A copy of the Membership Agreement can be found on the website of the specific membership program. TheSoftware's membership programs allow you access to content, texts, and other materials (hereinafter referred to as "Membership Content" and collectively with Subscription Content, "Content") provided by TheSoftware and certain Third-Party Providers, intended to assist members in their online marketing endeavors. Membership Content includes comments, opinions, and other materials provided by TheSoftware's Third-Party Providers, and you should not necessarily rely on them. Please exercise caution, common sense, and safety when using Membership Content and/or Membership Services. You agree that TheSoftware has no obligations or liabilities to you in connection with such Membership Content. TheSoftware does not represent or warrant that the Membership Content provided in connection with Membership Services is accurate, complete, or appropriate. You acknowledge and agree that TheSoftware is not responsible for your inability to use Membership Services and/or Membership Content. You understand and agree that TheSoftware is not liable to you, end users, or third parties for any claims related to any Membership Services.
By completing the relevant order forms, you may obtain or attempt to obtain certain products and/or services from the Website. The products and/or services listed on the Website may include descriptions provided directly by third-party manufacturers or distributors of such items. TheSoftware does not represent or warrant that the descriptions of such items are accurate or complete. You acknowledge and agree that TheSoftware is not responsible for your inability to obtain products and/or services from the Website or for any disputes with the product's seller, distributor, or end consumers. You understand and agree that TheSoftware is not liable to you or any third party for any claims related to any products and/or services offered on the Website.
The information you must provide in connection with registering for the Services may include, but is not limited to, some or all of the following: (a) your full name; (b) company name; (c) email address; (d) postal address (and billing address, if different); (e) home phone number; (f) work phone number; (g) fax number; (h) credit card details; and/or (i) any other information requested in the relevant 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 if, in TheSoftware's sole discretion, it determines that: (i) you have violated any part of the Agreement and/or (ii) the Service Registration Data you provided are incomplete, fraudulent, duplicative, or otherwise unacceptable. TheSoftware may change the criteria for Service Registration Data at any time at its sole discretion. Unless expressly stated otherwise, any future offer(s) made available to you on the Website that expand or otherwise enhance the current features of the Website will be subject to the Agreement. You acknowledge and agree that TheSoftware is not responsible for your inability to use the Services and/or qualify for their use. You understand and agree that TheSoftware is not liable to you or any third party for any modification, suspension, or termination of the provision 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 refusing to use the Website is your sole right and remedy with respect to any dispute you may have with TheSoftware.
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 solely for simulation or modeling. The Content may not be accurate and may not be based on accurate 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 does not provide any warranties or representations regarding the usability, accuracy, suitability, or completeness of the Content; the information contained therein is intended solely for informational and advertising purposes, and all the aforementioned disclaimers should be taken into account. Based on the foregoing, if you choose 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.
All results presented in the methodology and/or system available in the Content do not necessarily indicate future results. No warranties are provided, nor is it stated that any User will achieve or is likely to achieve profits or losses similar to those presented in the Content. Past performance of any system or strategy that may be displayed in the Content does not demonstrate future performance or results that may be achieved. We strongly recommend that you consult your professional advisor before investing or trading in any financial instrument. We strongly recommend that you consult your personal advisor with sufficient expertise before 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 advice regarding investment strategies, suitability, profitability, or other matters.
To register on the Website, you may need a first name, last name, email address, phone number, and password. One account may have only one authorized user; registration of multiple accounts by the same individual or legal entity 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 to keep your identification details and password confidential and undertake not to use another authorized user's account.
The Operator is not liable for any losses or damages resulting from failure to comply with these obligations, nor is it liable for any damages caused by theft, hacking, or other unauthorized use of your password, identification details, or other identification means.
The User is obliged to provide the Operator with true, accurate, and complete information during registration by filling out the registration form on the Website. The User undertakes to comply with all applicable local, state, national, and international laws and regulations regarding the use of the Website, Service, and/or Software. The User further acknowledges and agrees that the use of the Internet and access to the Website or its transmission or connection is entirely at their 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 full responsibility for activities related to their use of the Website, including, but not limited to, maintaining or backing up any data.
The Operator makes every commercially reasonable effort 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 therefore delays, errors, malfunctions, data delays, etc., may occur that the Operator cannot influence. The Operator cannot provide any warranties and bears no responsibility for cases where the Service and/or Software is not uninterrupted or error-free, or that defects in the Service and/or Software are corrected.
The Operator receives 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 these Websites. The User acknowledges that the use of the Website and the Service requires the use of their personal data.
Each User agrees to read and accept the Privacy Policy before providing any personal data on these Websites. In the event that the User discovers a breach or potential breach of security in relation to any personal data provided to the Operator, or any unauthorized intrusion into the Website, the User is obliged to:
Although the Website may be accessible worldwide, not all features or Services offered on the Website are suitable or available for use in all countries. The Operator reserves the right to restrict, at its discretion, the provision and quantity of any feature or Service to any person or geographic area. The choice to use the Website, Service, and/or Software is entirely at the User's responsibility, who should comply with applicable legal regulations.
Copyrights to the Content belong to the Operator and its partners, and without the express consent of the Operator, they may not be stored, copied, or modified in any format, sold, or otherwise used, distributed, or transmitted in any way. 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, along with all goodwill associated with them, algorithms, business methods, user interfaces, graphic design, and software, software architecture, algorithms, data structures; and all their developments, derivatives, and improvements, whether registered or not, and all other intellectual property rights of any kind and nature worldwide and however designated, whether arising by 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 by the Operator, its affiliates, successors, and assigns, controlled and licensed by them, and/or third parties that 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 solely for personal use. The license does not permit the User to modify, copy, store, reproduce, republish, upload, post, transfer, license, sublicense, display, rent, lend, sell, use, or otherwise distribute any data, intellectual property, or materials provided by the Operator through the Website in a manner not expressly permitted by these Terms. Any modifications, recompilation, translations, creation of derivative works, disassembly, publication, deletion, alteration of proprietary notices or labels, granting of security interests, or other use of the Website in any manner not expressly permitted herein for the User or any third party.
You must not use any "deep links," "page scraping," "robots," "spiders," or other automatic devices, programs, scripts, algorithms, or methodologies, or any similar or equivalent manual processes to access, acquire, copy, or monitor any part of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not 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, by hacking, "password mining," or any other unlawful or prohibited method,
or probe, scan, or test the vulnerability of the Website or any network connected to the Website, or breach security measures or authentication on the Website or any network connected to the Website,
reverse lookup, trace, or attempt to trace any information about any user or visitor to the Website, or take any actions that impose an unreasonable or disproportionately large load on the infrastructure of the Website, system, networks, or any systems or networks connected to it, 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 to conceal 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 a brand, private label, use the name, logo, or similar designation 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 prior written consent of the Operator,
or use the Website in any other unlawful manner or in a manner that may be perceived as causing harm, humiliation, or other negative impact on the Operator. Attempting unauthorized use of this Website 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 through the Website. The Operator also reserves the right to modify, suspend, terminate, or interrupt the operation or access to the Website or any part thereof at any time and without prior notice to protect the Website or the Operator's operations.
The User assumes full responsibility and risk for using the Website, Content, and Software. The Operator provides the Website, Content, and Software and related information "as is" and does not provide any express or implied warranties, representations, or endorsements.
The Operator disclaims any breaches in relation to the Website, Service, Software, any information, or third-party information or links provided thereto. The Operator is not liable for any costs or damages incurred directly or indirectly as a result of such transactions.
Under no circumstances shall the Operator be liable to any party for any direct, indirect, implied, punitive, special, incidental, or other consequential losses arising directly or indirectly from any use of the Website, Content, and Software 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, in any way, may not apply to the Operator, and the Operator shall under no circumstances be liable for losses (including direct, indirect, consequential, or special losses), even if informed of the possibility of such losses arising from your use or personal reliance on this Website.
The Advertiser remains solely and fully responsible for any breaches in relation to the Content of advertising materials, accuracy, and/or quality of information, products, and/or services, software, and for any of its parties, for any direct, indirect, implied, punitive, special, incidental, or other consequential losses arising directly or indirectly from any use of the Website, advertising content, information, and/or software.
Any claims for compensation for losses, in any way, or any other claims and/or complaints regarding the Website, advertising content, accuracy, and/or quality of information, products, and/or services, or software shall be raised and/or filed with the Advertiser.
The quality, integrity, accuracy, completeness, or reliability of any materials, programs, or third-party products displayed on such third-party websites or accessible through a link on such a website is not endorsed in any way by the Operator, and the Operator makes no warranties in this regard.
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 communications or relationships between the User and a third party occur solely between the User and such third party and in no way affect the Operator.
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 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 YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES YOU MAY REQUEST THROUGH THE WEBSITE; (B) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE OR TRANSACTIONS ENTERED INTO THROUGH IT; (C) FAILURE TO MEET THE CONDITIONS FOR PARTICIPATION IN CONTESTS, SERVICES, OR THIRD-PARTY PRODUCTS FROM ANY OF OUR THIRD-PARTY PROVIDERS, OR SUBSEQUENT REFUSAL OF THIRD-PARTY PRODUCTS FROM THEM; (D) 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, THIRD-PARTY PRODUCTS YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES YOU MAY REQUEST 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 ALL OTHER TORTS. YOU RELEASE TheSoftware AND ALL OF TheSoftware'S SUPPLIERS FROM ANY OBLIGATIONS, LIABILITIES, AND CLAIMS EXCEEDING THE LIMITATIONS STATED IN THIS STATEMENT. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF TheSoftware TO YOU UNDER ANY CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). The above limitation of liability for damages is a fundamental element of the basis of the agreement between you and TheSoftware. THE INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD-PARTY PRODUCTS YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES YOU MAY REQUEST THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT THESE LIMITATIONS.
If the Operator is unable to insist on strict compliance with any provision of these Terms or enforce it, this shall not be considered a waiver of any provision or right under these Terms or legal regulations.
Legal relationships arising under these Terms shall be governed by and interpreted in accordance with the laws of Hong Kong.
The date of actual use of the Website by the User is the date of modification of the relationship between the User and the Operator. The rights and obligations of the parties apply upon the User's registration.
The Operator may assign its rights and obligations under these Terms to any party at any time without notifying the User. The User has no 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 remain in effect after the termination of these Terms: The Operator is obliged to comply with the following provisions: Intellectual Property Rights, Limitation of Liability, and all other provisions of these Terms that, by their nature, remain in effect after the termination of these Terms.
The Operator may unilaterally amend or supplement these Terms from time to time. The new version of the Terms takes effect upon its publication on the Website. If the User does not agree with the new version of the Terms, they shall cease using the Website and the Service.
Written communication or business relationships between the parties also include communication or business relationships via email without an electronic signature, unless expressly stated otherwise in these Terms. If any part or provision of these Terms is deemed unlawful or ineffective for any reason, this shall not affect the validity of the remaining provisions.
From time to time, TheSoftware offers promotional prizes and other awards through Contests. By providing true and accurate information in connection with the relevant Contest registration form and agreeing to the official Contest rules applicable to each Contest, you may participate and have a chance to win the promotional prizes offered in each Contest. To participate in the Contests listed on the Website, you must first fully complete the relevant registration form. You agree to provide true, accurate, current, and complete Contest Registration Data. TheSoftware has the right to reject any Contest Registration Data if, in TheSoftware's sole and exclusive discretion, it determines that: (i) you have violated any part of the Agreement; and/or (ii) the Contest Registration Data you provided are incomplete, fraudulent, duplicative, or otherwise unacceptable. TheSoftware may change the criteria for Registration Data at any time at its sole discretion.
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 related materials 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 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, sell, modify, decompile, disassemble, reverse engineer, or transfer the Website, Content, Contests, and/or Services or any part thereof. TheSoftware reserves all rights not expressly granted in the Agreement. You may not use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Website. You may not take any actions that impose an unreasonable or disproportionately large load on TheSoftware's infrastructure. Your right to use the Website, Content, Contests, and/or Services is non-transferable.
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 rights (including, but not limited to, Intellectual Property Rights). Copying, redistribution, publication, or sale of any part of the Website, Content, Contests, and/or Services is strictly prohibited. Systematic retrieval of material from the Website, Content, Cont担保 Contests, and/or Services by automated means or any other form of scraping or data extraction 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 on or through the Website, Content, Contests, and/or Services. The posting of information or materials on the Website or through the Services by TheSoftware does not constitute a waiver of any rights to such information and/or materials. The name and logo of TheSoftware, and all related graphics, icons, and service names, are trademarks of TheSoftware. All other trademarks appearing on the Website or through the Services are the property of their respective owners. The use of any trademark without the express written consent of the respective owner is strictly prohibited.
Unless expressly authorized by TheSoftware, no one may hyperlink to the Website or parts thereof (including, but not limited to, logos, trademarks, branding, or copyrighted materials) to their website or web venue 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 to remove or terminate any such content or activity. You hereby acknowledge that you are responsible for any damages associated therewith.
We reserve the right, at our sole discretion, to edit and/or delete any documents, information, or other content appearing on the Website.
WE PROVIDE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD-PARTY PRODUCTS YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES 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/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT LIMITED TO, TheSoftware DOES NOT WARRANT THAT: (A) THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD-PARTY PRODUCTS YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY PRODUCTS AND/OR SERVICES YOU MAY REQUEST THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD-PARTY PRODUCTS YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES YOU MAY REQUEST THROUGH THE WEBSITE WILL BE TIMELY, SECURE, OR ERROR-FREE; (C) YOU WILL QUALIFY FOR 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 YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES YOU MAY REQUEST THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD-PARTY PRODUCTS YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES YOU MAY REQUEST THROUGH THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH 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.
Visitors download information from the Website at their own risk. TheSoftware provides no warranty that such downloads are free of harmful computer codes, including, but not limited to, viruses and worms.
You agree to indemnify and hold harmless TheSoftware, each of their parents, subsidiaries, and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders, and/or other partners, from and against any claims, expenses (including reasonable attorneys' fees), damages, lawsuits, costs, demands, and/or judgments of any third party arising from or resulting from: (a) your use of the Website, Services, Content, and/or participation in 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 parent, subsidiary, and/or affiliate companies, 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 their own behalf.
The Website may provide links 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, privacy policies, content, advertising, services, products, and/or other materials on or available from such third-party websites or resources, or for any damages and/or losses arising therefrom.
Use of the Website, and all comments, feedback, information, Registration Data, and/or materials you submit through or in connection 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 other personal data you provide, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, please click here.
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 all remedies in this regard against any offending individual or entity to the fullest extent permitted by law and in equity.
Any disputes arising from 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 binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction. Nothing in this document shall be construed to prevent any party from seeking injunctive relief to protect its rights pending the outcome of arbitration. You agree that, to the extent permitted by law, you will not file, join, or participate in any class action lawsuit regarding any claim, dispute, or controversy 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 lawsuit. You agree to pay the attorneys' fees and court costs incurred by TheSoftware in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually, not as a class action, in binding arbitration as stated above. This provision preventing you from filing, joining, or participating in class action lawsuits is an independent agreement. If any part of the Agreement is deemed invalid or unenforceable, that part shall be construed in accordance with applicable law, and the remaining parts shall remain in full force and effect.
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