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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 The Software (referred to collectively as “The Software,” “we” and “us”). You agree to be bound by these The Software 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 The Software 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”). The Software Privacy Policy (“Privacy Policy”), the Official Contest Rules applicable to each Contest, The Software Purchase Agreement(s) (“Purchase Agreement”), The Software 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.
The Software 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”). The Software 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 agree to the terms and conditions outlined in the Agreement with respect to your use of the Website. The Agreement constitutes the entire and only agreement between you and The Software with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website. By your continued use of the Website and/or Services, you hereby agree to comply with all the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
REQUIREMENTS
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 individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission 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, by registering on the Website and receiving approval from The Software, you can obtain, or attempt to obtain, for a fee or for no fee, the Subscription Services. The Subscription Services will provide you with e-mail content, text and other materials (“Subscription Content”) relevant to online marketing provided by The Software and its third party partners (“Third Party Providers”). If you would like to discontinue receipt of the Subscription Content, simply email us at support@fxrevenge.net. The Subscription Content contains comments, opinions and/or other materials that are provided by The Software and Third Party Providers, and should not necessarily be relied upon. Please use caution, common sense and safety when using the Subscription Content and/or Subscription Services. You agree that The Software shall have no obligations and incur no liabilities to you in connection with any such Subscription Content. The Software does not represent or warrant that the Subscription Content made available in connection with the Subscription Services is accurate, complete or appropriate. You understand and agree that The Software is not responsible or liable in any manner whatsoever for your inability to use the Subscription Services and/or Subscription Content. You understand and agree that The Software shall not be liable to you, any end-users or any third party, for any claim in connection with any of the Subscription Services.
Membership Services
Subject to the terms and conditions of the Agreement and the Membership Agreement, by registering on the Website, agreeing to the Membership Agreement and receiving approval from The Software, you can obtain, or attempt to obtain, for a fee or for no fee, a Membership in one of the various Membership programs that MTS Advertise OU offers. For a copy of the Membership Agreement, please visit the website for the specific Membership. The Software Membership programs will enable you to access content, text and other materials (“Member Content” and together with the Subscription Content, the “Content”) provided by The Software and certain Third Party Providers, designed to assist Members in their online marketing ventures. The Member Content contains comments, opinions and other materials that are provided by The Software Third Party Providers, and should not necessarily be relied upon. Please use caution, common sense and safety when using the Member Content and/or Membership Services. You agree that The Software shall have no obligations and incur no liabilities to you in connection with any such Member Content. The Software does not represent or warrant that the Member Content made available in connection with the Membership Services is accurate, complete or appropriate. You understand and agree that The Software is not responsible or liable in any manner whatsoever for your inability to use the Membership Services and/or Member Content. You understand and agree that The Software shall not be liable to you, any end-users or any third party, for any claim in connection with any of the Membership Services.
Vendor Services
By completing the applicable purchase order forms, you can obtain, or attempt to obtain, certain products and/or services from the Website. The products and/or services featured on the Website may contain descriptions that are provided directly by the Third Party Provider manufacturers or distributors of such items. The Software does not represent or warrant that the descriptions of such items are accurate or complete. You understand and agree that The Software is not responsible or liable in any manner whatsoever for your inability to obtain products and/or services from the Website or for any dispute with the product’s seller, distributor and end-user consumers. You understand and agree that The Software shall not be liable to you or any third party for any claim in connection with any of the products and/or services offered on the Website.
General
The information that you must supply in connection with registering for the Services may include, without limitation, some or all of the following: (a) your full name; (b) company name; (c) e-mail address; (d) mailing address (and billing address if different); (e) home telephone number; (f) work telephone number; (g) telecopier number; (h) credit card information; and/or (i) any other information requested on the applicable registration form (“Service Registration Data”). You agree to provide true, accurate, current and complete Service Registration Data. The Software has the right to reject any Service Registration Data where it is determined, in the sole and exclusive discretion of The Software, that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Service Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. The Software may change the Registration Data criteria at any time, in its sole discretion.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement. You understand and agree that The Software is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for the Services. You understand and agree that The Software shall not be liable to you or any third party for any modification, suspension or discontinuation of any Services or other product, service or promotion offered by The Software 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 or responsibility to you. You understand and agree that refusal to use the Website is your sole right and remedy with respect to any dispute that you may have with The Software.
CONTESTS
From time-to-time, The Software offers promotional prizes and other awards via Contests. By providing true and accurate information in connection with the applicable Contest registration form, and agreeing to the Official Contest Rules applicable to each Contest, you can enter for a chance to win the promotional prizes offered through each Contest. To enter into the Contests featured on the Website, you must first fully complete the applicable entry form. You agree to provide true, accurate, current and complete Contest Registration Data. The Software has the right to reject any Contest Registration Data where it is determined, in the sole and exclusive discretion of The Software, that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Contest Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. The Software may change the Registration Data criteria at any time, in its sole discretion.
LICENSE GRANT
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 associated material in accordance with the Agreement. The Software may terminate this license at any time for any reason. You may use the Website and Content on one computer for your own 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, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Content, Contests and/or Services or any portion thereof. The Software reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on The Software’s infrastructure. Your right to use the Website, Content, Contests and/or Services is not transferable.
PROPRIETARY RIGHTS
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 under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Website, Content, Contests and/or Services is strictly prohibited. Systematic retrieval of material from the Website, Content, Contests and/or Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from The Software is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Website, Content, Contests and/or Services. The posting of information or material on the Website, or by and through the Services, by The Software does not constitute a waiver of any right in or to such information and/or materials. The Software name and logo, and all associated graphics, icons and service names, are trademarks of The Software. All other trademarks appearing on the Website or by and through the Services are the property of their respective owners. The use of any trademark without the applicable owner’s express written consent is strictly prohibited.
HYPERLINKING TO THE WEBSITE, CO-BRANDING, "FRAMING" AND/OR REFERENCING THE WEBSITE PROHIBITED
Unless expressly authorized by The Software, 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. Further, ”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 The Software is strictly prohibited. You specifically agree to cooperate with the Website to remove or cease, as applicable, any such content or activity. You hereby acknowledge that you shall be liable for any and all damages associated therewith.
EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content 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 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). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, 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; (B) 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 BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THE 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 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 BE ACCURATE OR RELIABLE. 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 MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Software, ANY OF ITS THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitors download information from the Website at their own risk. The Software makes no warranty that such downloads are free of corrupting computer codes including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Software 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 The Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE 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; (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; (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 SAME; (D) THE 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, 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. 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 ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE The Software AND ALL OF The Software’S THIRD PARTY PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF The Software TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND The Software. THE INABILITY TO USE 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 WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
INDEMNIFICATION
You agree to indemnify and hold The Software, 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 The Software, 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 The Software has no control over such third party websites and/or resources, you hereby acknowledge and agree that The Software is not responsible for the availability of such third party websites and/or resources. Furthermore, The Software 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.
LEGAL WARNING
Any attempt by any individual, whether The Software customer or not, 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 The Software will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
CHOICE OF LAW/VENUE
Any disputes arising out of 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 conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against The Software. 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 suit. You agree to pay the attorney’s fees and court costs that The Softwareurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.