The Software WEBSITE TERMS OF USE IMPORTANT – PLEASE READ

Thank you for visiting the website (the “Website”) where you found the link to these Terms of Use (the “Terms”). The Website is an online property of TheSoftware (referred to collectively as “TheSoftware,” “we,” and “us”). By accessing the Website, registering for a newsletter or subscribing to a mailing list, requesting information through the Website, participating in promotions, contests, or sweepstakes, joining an affiliate program or other membership organization, or ordering products and services from the Website, you agree to be bound by these Terms of Use in their entirety. These Terms apply to all of the Services provided by TheSoftware, including Subscription Services, Membership Services, and Vendor Services, as outlined in the applicable agreements and rules. TheSoftware’s Privacy Policy, Official Contest Rules, Purchase Agreements, Membership Agreements, and any other relevant operating rules or documents are expressly incorporated by reference into this Agreement. Please review these terms carefully before using the Services or Website. If you do not agree to all of the terms, you are not authorized to use the Services or Website in any way.

TheSoftware specifically denies access to the Website and/or Services to individuals covered by the Children’s Online Privacy Protection Act of 1998, as amended (“COPPA”). TheSoftware reserves the right, at its sole discretion, to deny access to the Services and/or Website to any individual.

SCOPE AND MODIFICATION OF THE AGREEMENT

By using the Website, you agree to the terms and conditions outlined in the Agreement. This Agreement represents the entire and exclusive agreement between you and TheSoftware regarding your use of the Website and supersedes all prior agreements, representations, warranties, or understandings concerning the Website. We may modify the Agreement at our discretion, without specific notice to you. The latest version of the Agreement will be posted on the Website, and it is your responsibility to review it before continuing to use the Website. By continuing to use the Website and/or Services, you agree to abide by the terms and conditions outlined in the updated Agreement. It is recommended that you check this page regularly for updates or changes.

REQUIREMENTS

The Website and Services are available exclusively to individuals who are legally capable of entering into binding contracts under applicable law. They are not intended for use by individuals under the age of eighteen (18). If you are under eighteen (18), you are not permitted to use or access the Website 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 TheSoftware, you can obtain, or attempt to obtain, the Subscription Services, which may be provided for a fee or at no charge. The Subscription Services include email content, text, and other materials (“Subscription Content”) related to online marketing, provided by TheSoftware and its third-party partners (“Third Party Providers”). If you wish to stop receiving Subscription Content, simply email us at support@fxrevenge.net. The Subscription Content includes comments, opinions, and other materials from TheSoftware and Third Party Providers, and it should not be relied upon as fact. Exercise caution, common sense, and safety when using the Subscription Content and/or Subscription Services. You agree that TheSoftware has no obligations or liabilities related to the Subscription Content. TheSoftware does not guarantee the accuracy, completeness, or appropriateness of the Subscription Content made available through the Subscription Services. You understand that TheSoftware is not responsible or liable in any way for your inability to use the Subscription Services and/or Subscription Content. Furthermore, TheSoftware is not liable to you, end-users, or third parties for any claims related to 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 TheSoftware, you may obtain, or attempt to obtain, a Membership in one of the various Membership programs offered by MTS Advertise OU, for a fee or at no charge. To view the specific Membership Agreement, please visit the website associated with the Membership. The Software Membership programs grant you access to content, text, and other materials (“Member Content,” collectively with Subscription Content referred to as “Content”) provided by TheSoftware and certain Third Party Providers, designed to assist Members in their online marketing efforts. The Member Content contains comments, opinions, and other materials from TheSoftware and Third Party Providers, which should not necessarily be relied upon. Exercise caution, common sense, and safety when using the Member Content and/or Membership Services. You agree that TheSoftware has no obligations and incurs no liabilities in connection with any Member Content. The Software does not represent or warrant that the Member Content provided through the Membership Services is accurate, complete, or appropriate. You understand and agree that TheSoftware is not responsible or liable in any way for your inability to use the Membership Services and/or Member Content. Furthermore, TheSoftware shall not be liable to you, any end-users, or any third party for any claims related to the Membership Services.

Vendor Services

By completing the applicable purchase order forms, you may obtain, or attempt to obtain, certain products and/or services from the Website. The products and/or services featured on the Website may include descriptions provided directly by the Third Party Provider manufacturers or distributors of such items. The Software does not represent or warrant that these descriptions are accurate or complete. You understand and agree that The Software is not responsible or liable in any manner for your inability to obtain products and/or services from the Website or for any disputes with the product’s seller, distributor, or end-user consumers. Furthermore, you understand and agree that The Software shall not be liable to you or any third party for any claims related to the products and/or services offered on the Website.

General

The information you must supply when registering for the Services may include, but is not limited to, the following: (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 applicable registration form (“Service Registration Data”). You agree to provide true, accurate, current, and complete Service Registration Data. The Software reserves the right to reject any Service Registration Data if it determines, at its sole discretion, that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Service Registration Data you provided is incomplete, fraudulent, a duplicate, or otherwise unacceptable. The Software may change the Registration Data criteria at any time, at its sole discretion.

Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment or enhance the current features of the Website shall be subject to the Agreement. You understand and agree that The Software is not responsible or liable for your inability to use and/or qualify for the Services. You also 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 products, services, or promotions offered by The Software or any of its Third-Party Providers. If MTS Advertise OU terminates the Agreement or any Services for any reason, MTS Advertise OU will have no liability or responsibility to you. You understand and agree that refusal to use the Website is your sole right and remedy in the event of any dispute with The Software.

CONTESTS

From time to time, TheSoftware 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 for each Contest, you can enter for a chance to win the promotional prizes offered through the Contest. To participate in 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. TheSoftware reserves the right to reject any Contest Registration Data if it determines, at its sole discretion, that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Contest Registration Data you provided is incomplete, fraudulent, a duplicate, or otherwise unacceptable. TheSoftware may change the Registration Data criteria at any time, at 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. TheSoftware 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, whether 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. TheSoftware 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 functioning of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on TheSoftware’s infrastructure. Your right to use the Website, Content, Contests, and/or Services is non-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 TheSoftware 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 TheSoftware does not constitute a waiver of any right in or to such information and/or materials. The TheSoftware name and logo, and all associated graphics, icons, and service names, are trademarks of TheSoftware. 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 TheSoftware, 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 TheSoftware 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, TheSoftware 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 TheSoftware, 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. TheSoftware 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 agree that TheSoftware shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to 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 the following: (A) Your inability to use the Website, Services, Contests, Content, any third-party products you receive from our Third Party Providers, or any other products or services you apply for through the Website. (B) The cost of procuring substitute goods or services resulting from purchases or transactions made through the Website. (C) Failure to qualify for Contests, Services, or third-party products, or any subsequent denial of third-party products. (D) Unauthorized access to or alteration of your registration data. (E) Any other issues related to the inability to use the Website, Services, Contests, Content, or any products and/or services you apply for through the Website. This limitation applies to all causes of action, including breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and any other torts. You release TheSoftware and its Third Party Providers from any and all obligations, liabilities, or claims exceeding the limits stated herein. If applicable law does not allow such limitations, TheSoftware’s maximum liability to you will be $500. This limitation of damages is a fundamental part of the agreement between you and TheSoftware, and the Website, Services, Contests, and Content would not be provided without such limitations.

INDEMNIFICATION

You agree to indemnify and hold harmless TheSoftware, its parents, subsidiaries, affiliates, and each of their respective members, officers, directors, employees, agents, co-branders, and other partners from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party due to or arising out of: (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 the rights of any individual or entity. The provisions of this paragraph benefit TheSoftware, its parents, subsidiaries, affiliates, and their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers, and attorneys. Each of these individuals and entities has the right to assert and enforce these provisions directly against you on their behalf.

THIRD PARTY WEBSITES

The Website may contain links to other websites and resources, including those owned and operated by Third Party Providers. Since TheSoftware has no control over these third-party sites or resources, you acknowledge and agree that TheSoftware is not responsible for their availability. Additionally, TheSoftware does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products, or other materials found on these third-party websites or resources, nor for any damages or losses resulting from them.

PRIVACY POLICY/VISITOR INFORMATION

Your use of the Website, including all comments, feedback, information, Registration Data, and other materials submitted through or in connection with the Website, is governed by our Privacy Policy. We reserve the right to use all information related to your use of the Website, as well as any personally identifiable information you provide, in accordance with the terms outlined in our Privacy Policy. To view our Privacy Policy, please [Click Here].

Any attempt by an individual, whether or not a TheSoftware customer, to damage, destroy, tamper with, vandalize, or otherwise interfere with the operation of the Website constitutes a violation of both criminal and civil law. TheSoftware will take all necessary actions to pursue legal and equitable remedies against any individual or entity responsible for such actions to the fullest extent permitted by law.

CHOICE OF LAW/VENUE

Any disputes arising from or related to this Agreement shall be governed by and construed in accordance with the laws of Estonia, without regard to conflict of law principles. Any decision rendered shall be final and binding on the parties, and a judgment may be entered in any court of competent jurisdiction. Nothing in this Agreement precludes a party from seeking injunctive relief to protect its rights pending the outcome of arbitration. To the extent permitted by law, you agree not to bring, join, or participate in any class action lawsuit against TheSoftware, its legal representatives, affiliates, subsidiaries, parents, agencies, and their respective officers, directors, employees, or agents. You consent to the entry of injunctive relief to prevent such lawsuits or to remove you as a participant. You agree to pay TheSoftware’s attorney’s fees and court costs incurred in seeking such relief. The Agreement does not waive your right to pursue claims individually and not as part of a class action in binding arbitration as outlined above. This provision is a separate agreement and survives independently. If any part of this Agreement is found invalid or unenforceable, the remaining portions shall remain in full force and effect, interpreted according to applicable law.