Welcome to TheSoftware’s Website Terms of Use
Thank you for choosing TheSoftware’s website (the “Website”) to access our services. As TheSoftware, we take your rights and privacy seriously and request that you review our Website Terms of Use (“Terms of Use”) before using our Website, Subscription Services, Membership Services, or vendor services (collectively referred to as “Services”). By accessing our Website or using our Services, you agree to be bound by our Terms of Use in its entirety. If you do not agree with our Terms of Use, please do not access our Website or use our Services.
TheSoftware restricts access to our Website and Services by individuals under the Children’s Online Privacy Protection Act of 1998 (“COPPA”). TheSoftware reserves the right to deny access to our Services and Website to any individual at our sole discretion.
SCOPE AND EXTENT OF THE AGREEMENT
By using the Website, you agree to abide by the terms and conditions set forth in this Agreement. This Agreement represents the complete and utter agreement between you and TheSoftware concerning your use of the Website, and it supersedes all previous or concurrent agreements, representations, warranties and/or understandings regarding the Website. We may, in our sole discretion, change this Agreement at any time with no advance notice to you. The most current version of the 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 agree to comply with all of the terms and conditions of the Agreement that are then in effect. Therefore, check this page regularly for updates and/or changes.
REQUIREMENTS
Only individuals who are legally capable of entering into a binding agreement under applicable law may use the Website and Services. The Website and Services are not intended for use by individuals under 18 years of age. If you are under 18, you are not authorized to use and/or access the Website or Services.
SERVICE DESCRIPTION
Subscription Services
By registering on the Website and receiving approval from TheSoftware, users can get Subscription Services. These Services contain e-mail content, texts, and more (“Subscription Content”) that are relevant to online marketing. These are provided by TheSoftware and Third Party Providers. Users can request to discontinue the receipt of Subscription Content by e-mailing us at support@fxrevenge.net. The Subscription Content may contain comments, opinions, and other materials by TheSoftware and Third Party Providers and it is not necessarily reliable. Caution, common sense, and safety must be observed while using the Subscription Services and/or Subscription Content. You agree that TheSoftware will not be liable to you in any way in connection with such Subscription Content. The accuracy, completeness, and appropriateness of Subscription Content cannot always be assured by TheSoftware.
Membership Services
By registering on the Website, agreeing to the Membership Agreement, and receiving approval from TheSoftware, users can get a Membership in one of the various Membership programs that MTS Advertise OU offers. Users can get fee-based or no-fee-based Membership programs. For a copy of the Membership Agreement, users can visit the website for the specific Membership. TheSoftware Memberships provide users with access to Member Content and other material (“Content”) provided by TheSoftware and certain Third Party Providers. These materials are designed to assist Members with their online marketing ventures. The Member Content may contain comments, opinions, and other materials by TheSoftware Third Party Providers, and it is not necessarily reliable.
Vendor Services
You may obtain certain products and/or services from the Website by completing the applicable purchase order forms. The descriptions of these products and/or services are provided directly by the manufacturers or distributors of such items. However, TheSoftware does not guarantee the accuracy or completeness of these descriptions. Any disputes related to the products and/or services purchased from the Website are solely between you, the product’s seller, distributor, and other end-users. TheSoftware is not responsible or liable for any such issues, and will not be held liable for any claims arising from the products and/or services offered on the Website.
General
To register for the Services, you will need to provide certain information. This information may include your full name, company name, email address, mailing address (and billing address if different), home and work telephone numbers, telecopier number, credit card information, and/or any other information requested on the registration form. This information will be referred to as Service Registration Data.
Unless otherwise stated, any future offers to enhance the current features of the Website will be subject to this Agreement. TheSoftware will not be held liable for any issues related to your inability to use or qualify for the Services. Additionally, TheSoftware will not be held liable for any modifications, suspensions, or discontinuations of any Services or other product.
COMPETITIONS
Occasionally, TheSoftware runs competitions offering promotional prizes and other rewards. By accurately filling in the Contest registration form and agreeing to the Official Contest Rules specific to each competition, you have a shot at winning the promotional prizes offered through each contest. To participate in the Contests available on the Website, you must complete the relevant entry form. You agree to provide honest, accurate, and complete Contest Registration Data.
LICENSE AGREEMENT
As a Website user, you have been granted a non-exclusive, non-transferable, revocable, and limited licence to access and use the Website, Content, and linked materials in accordance with the Agreement. This license can be terminated by TheSoftware at any moment and for any reason. You may use the Website and Content on only one computer for non-commercial, personal use. No part of the Website, Content, Contests, and/or Services may be replicated in any form or merged into any information retrieval system or electronic or mechanical tool. You may not use, copy, mirror, clone, rent, lease, sell, edit, decompile, disassemble, reverse engineer, or transfer the Website, Content, Contests, and/or Services or any portion of it.
PROPRIETARY RIGHTS
All aspects of the Website, Content, Contests, and Services, including organization, design, graphics, compilation, software, digital conversion, magnetic translation, and other related matters, are under the protection of copyrights, trademarks, and other proprietary rights. You are strictly prohibited from redistributing, publishing, copying or selling any part of the Website, Content, Contests and/or Services without written authorization from TheSoftware. Retrieving any material from the Website, Content, Contests and/or Services systematically through any form of scraping, data extraction, or automated means to create, compile, or directly or indirectly form a collection, compilation, database, or directory without written consent from TheSoftware is also prohibited. You do not gain any ownership rights to any content, document, software, service, or other material presented on or through the Website, Content, Contests, and/or Services.
HYPERLINKING TO THE WEBSITE, CO-BRANDING, “FRAMING” AND/OR REFERENCING THE WEBSITE PROHIBITED
No one may hyperlink portions of the Website, including but not limited to trademarks, branding, logotypes, and copyrighted materials, to their own website or web venue without written permission from TheSoftware. Additionally, commercial or non-commercial media may not “frame” the Website or reference its Uniform Resource Locator (“URL”) without prior express written permission from TheSoftware. You agree to cooperate with TheSoftware to remove or cease any such activity or content. You acknowledge that you will be held liable for any damages associated with these actions.
MODIFICATION, DELETION, AND EDITING
We have the unilateral right to edit, remove, or modify any documents, information, or other contents 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 ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. SPECIFICALLY, THE SOFTWARE 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.
DISCLAIMER REGARDING DOWNLOADS
The visitors take full responsibility while downloading content from the website. The Software does not guarantee that any downloads from the website do not contain malicious computer codes, including viruses and worms.
LIMITATION OF LIABILITY
You acknowledge and agree that The Software will not be held liable for any direct, indirect, incidental, special, consequential and/or exemplary damages, including but not limited to, loss of profits, goodwill, use, data, or other intangible losses. In no event shall The Software be held liable for any third-party products that you may receive from our third-party providers, as well as any other products and/or services that you may apply for through the website. This applies to (A) the use or inability to use the website, services, contests, content, and (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, and (C) the failure to qualify for the contests, services or third-party products from any of our providers, or any subsequent denial of such products from the same.
INDEMNIFICATION
You must ensure TheSoftware, its parents, subsidiaries, affiliates and their respective members, officers, directors, employees, agents, co-branders, and partners are not held liable for any claims, costs, expenses – including attorney fees, damages, suits, judgments, and demands made by third parties as a result of (a) your use of the Website, Content, Services, and/or participation in any Contest; (b) any breach of the Agreement by you; and/or (c) your infringement of any other individual and/or entity’s rights. These provisions benefit TheSoftware, its parents, subsidiaries, affiliates, officers, directors, members, employees, agents, shareholders, licensors, suppliers, and/or attorneys – all of whom reserve the right to enforce them against you.
THIRD PARTY WEBSITES
Links and references to other websites and/or resources owned and operated by Third Party Providers may appear on the Website. As TheSoftware has no control over such third-party websites and/or resources, you acknowledge and agree that TheSoftware is not accountable for their availability. Furthermore, TheSoftware neither endorses nor takes responsibility or liability for any content, advertising, services, products, and/or other materials available at or from such third-party websites or resources, nor for any damages or losses arising therefrom.
PRIVACY POLICY/VISITOR INFORMATION
Your use of the Website, as well as any feedback, comments, information, Registration Data, and/or materials you submit through or in connection with the Website, fall under the governance of our Privacy Policy. We reserve the right to use all information – including personally identifiable information provided by you – regarding your use of the Website in compliance with our Privacy Policy. Click here to review our Privacy Policy.
LEGAL NOTICE
TheSoftware will not tolerate any individual, whether a customer or not, attempting to damage, destroy, tamper with, vandalize and/or interfere with the Website’s operation. Such actions are criminal and civil law violations, and TheSoftware will seek all available remedies against any offending entity or individual within the full extent of the law and equity.
LAW AND VENUE
All disputes related to the Agreement will be interpreted according to Estonian law, without any regard to conflict of law principles. The rendered award will be conclusive and final for the parties involved, and its judgment can be entered in any competent court. Any party is not prevented from seeking injunctive relief to protect their legitimate rights before arbitration outcome. By law, you agree not to bring, join or participate in class action lawsuits concerning any claim, dispute or controversy against TheSoftware, their legal representatives, affiliates, subsidiaries, parents, agencies, and their membership, officers, directors, employees and agents. You agree that injunctive relief can be given to stop such lawsuits or to eliminate you from the list of participants.