The Software WEBSITE TERMS OF USE IMPORTANT – PLEASE READ
Thank you for visiting the Website. By accessing or using the Website and its services, you agree to be bound by the Terms of Use outlined below: These Terms of Use govern your use of the Website and its associated services, including but not limited to Subscription Services (such as newsletters and mailing lists), Contests, Membership Services (such as affiliate programs or memberships), and Vendor Services (such as ordering products or services through the Website). These Terms of Use, along with other agreements like the Privacy Policy, Purchase Agreement, Membership Agreement, and other supplemental terms, collectively form the Agreement governing your use of the Website and services. By using the Website or engaging in any of the above-mentioned activities, you acknowledge and agree to abide by the Agreement. If you do not agree with these terms, you are not authorized to use the Website or its services.
Additionally, TheSoftware explicitly denies access to individuals covered by the Children’s Online Privacy Protection Act (COPPA) and reserves the right to deny access to the services and/or Website at its sole discretion.
SCOPE AND MODIFICATION OF THE AGREEMENT
By using the Website, you agree to the terms and conditions outlined in the Agreement. This Agreement constitutes the entire agreement between you and TheSoftware concerning your use of the Website and supersedes any previous agreements, representations, warranties, or understandings regarding the Website. TheSoftware may amend the Agreement at any time at its discretion, and these changes will be posted on the Website. It is your responsibility to review the Agreement regularly for any updates. Your continued use of the Website and/or Services signifies your acceptance of the terms and conditions in effect at the time of your use.
REQUIREMENTS
The Website and Services are only available to individuals who are legally able to enter into 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 eighteen (18), you are not permitted to use or access the Website or Services.
DESCRIPTION OF THE SERVICES
Subscription Services
By registering on the Website and receiving approval from TheSoftware, you may obtain the Subscription Services, which may involve receiving e-mail content, text, and other materials relevant to online marketing from TheSoftware and its Third Party Providers. If you wish to stop receiving these materials, you can email us at support@fxrevenge.net. Please note that the Subscription Content provided by TheSoftware and Third Party Providers should be used with caution. It contains opinions and materials that may not necessarily be reliable or appropriate. TheSoftware makes no guarantees about the accuracy or completeness of the Subscription Content and will not be liable for any issues arising from its use. TheSoftware does not accept any responsibility for your inability to use the Subscription Services or Subscription Content, and is not liable for any claims related to the Subscription Services.
Membership Services
By registering on the Website, agreeing to the Membership Agreement, and receiving approval from TheSoftware, you may gain access to a Membership in one of the programs offered by MTS Advertise OU. These Membership programs provide you with access to content, text, and other materials (“Member Content”), alongside Subscription Content, that is designed to assist in online marketing ventures. The Member Content may include opinions, comments, and other materials provided by TheSoftware and Third Party Providers. It is important to note that the Member Content should not necessarily be relied upon, and caution should be exercised when using it. TheSoftware makes no guarantees about the accuracy, completeness, or appropriateness of the Member Content and is not responsible for any inability to use the Membership Services or Member Content. Furthermore, TheSoftware will not be liable for any claims related to the Membership Services and disclaims any liability for issues arising from the use of the Member Content or Membership Services.
Vendor Services
By completing the applicable purchase order forms on the Website, you may obtain or attempt to obtain certain products and/or services. The descriptions of these products and services are provided by the Third Party Provider manufacturers or distributors. However, TheSoftware does not represent or guarantee the accuracy or completeness of these descriptions. You acknowledge and agree that TheSoftware is not responsible or liable for any inability to obtain the products and/or services or for any disputes that arise between you and the product’s seller, distributor, or end-user consumers. Furthermore, TheSoftware will not be liable to you or any third party for any claims related to the products and/or services offered on the Website.
General
When registering for the Services, you may be required to provide certain personal information, including but not limited to your full name, company name, email address, mailing address, telephone numbers, and credit card information, as part of the Service Registration Data. You agree to provide accurate, current, and complete information. TheSoftware reserves the right to reject Service Registration Data if it is incomplete, fraudulent, a duplicate, or otherwise unacceptable, at its sole discretion.
Any future offers or enhancements to the Website or Services are also subject to the terms of the Agreement. You acknowledge that TheSoftware is not responsible for your inability to use or qualify for the Services, and it is not liable for any modifications, suspensions, or discontinuations of services, products, or promotions by TheSoftware or its Third Party Providers. If MTS Advertise OU terminates the Agreement or any Services, it will not be liable to you, and your sole remedy for any dispute will be to stop using the Website.
CONTESTS
From time to time, TheSoftware offers promotional prizes through Contests. To enter a Contest, you must provide true and accurate information when completing the registration form and agree to the Official Contest Rules. By doing so, you will be eligible to win promotional prizes. You must ensure that all Contest Registration Data is complete, accurate, and current. TheSoftware has the right to reject any Contest Registration Data if it is determined, at its sole discretion, that you are in breach of the Agreement or if the data provided is incomplete, fraudulent, a duplicate, or otherwise unacceptable. TheSoftware may change the criteria for Contest Registration Data at any time, at its 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 materials in accordance with the Agreement. This license can be terminated by TheSoftware at any time, for any reason. You are permitted to use the Website and Content on one computer for personal, non-commercial purposes only. You are prohibited from reproducing, distributing, or incorporating any part of the Website, Content, Contests, or Services 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, or Services in any form. TheSoftware retains any rights not explicitly granted in the Agreement. You may not use any device, software, or routine to interfere with or attempt to interfere with the proper functioning of the Website. Additionally, you are not allowed to take actions that place an unreasonable or disproportionately large load on TheSoftware’s infrastructure. Your rights to use the Website, Content, Contests, and Services are non-transferable.
PROPRIETARY RIGHTS
The content, organization, graphics, design, compilation, digital translation, software, services, and other elements related to the Website, Content, Contests, and Services are protected by applicable copyrights, trademarks, and other intellectual property rights. Copying, redistributing, publishing, or selling any part of the Website, Content, Contests, or Services is strictly prohibited. Systematic retrieval of material from the Website or Services through automated means (such as scraping or data extraction) to create or compile a collection, compilation, database, or directory without written permission from TheSoftware is prohibited. You do not gain ownership rights to any content, document, software, service, or other materials viewed through the Website or Services. Posting information or materials on the Website or through the Services by TheSoftware does not waive any rights to such materials. TheSoftware’s name, logo, and all associated graphics, icons, and service names are trademarks of TheSoftware, while all other trademarks on the Website or Services belong to their respective owners. Unauthorized use of any trademark is strictly prohibited without the express written consent of the owner.
HYPERLINKING TO THE WEBSITE, CO-BRANDING, “FRAMING” AND/OR REFERENCING THE WEBSITE PROHIBITED
Unless expressly authorized by TheSoftware, no one is permitted to hyperlink to the Website or any portion thereof, including but not limited to logotypes, trademarks, branding, or copyrighted material, from their own website or web venue for any reason. Additionally, “framing” the Website or referencing the Uniform Resource Locator (URL) of the Website in any commercial or non-commercial media without prior written consent from TheSoftware is strictly prohibited. You agree to cooperate with TheSoftware in removing or ceasing any such content or activities. You acknowledge that you will be liable for any and all damages associated with such actions.
EDITING, DELETING AND MODIFICATION
We reserve the right, at 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 UNDER APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND 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, or any other Products and/or Services will meet your requirements; (B) The Website, Services, Contests, Content, or any Third Party Products will be uninterrupted, timely, secure, or error-free; (C) You will qualify for the Contests and/or Services; (D) The results obtained from the use of the Website, Services, Contests, Content, or Third Party Products will be accurate or reliable. The Website, Services, Contests, Content, or any Third Party Products 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. It is the responsibility of the user to ensure they have adequate protection, such as antivirus software, before downloading any material from the Website.
LIMITATION OF LIABILITY
You expressly understand and agree that TheSoftware shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if TheSoftware has been advised of the possibility of such damages. This includes, but is not limited to: The use or inability to use the Website, Services, Contests, Content, any third-party products, or any other products and/or services obtained through the Website. The cost of procuring substitute goods or services resulting from any goods, data, information, or services purchased or obtained from, or transactions entered into through, the Website. Failure to qualify for Contests, Services, or third-party products, or subsequent denial of third-party products. Unauthorized access to or alteration of your registration data. Any other matter related to the inability to use the Website, Services, Contests, Content, third-party products, or other products and services through the Website. This limitation applies to all causes of action, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts. You hereby release TheSoftware and all of its third-party providers from any and all claims and obligations that exceed the limitation stated herein. If applicable law does not permit such a limitation, TheSoftware’s maximum liability to you will be five hundred dollars ($500.00). The exclusion of damages outlined above is a fundamental part of the basis of the agreement between you and TheSoftware. Without such limitations, the Website, Services, Contests, Content, third-party products, and other services would not be provided to you.
INDEMNIFICATION
You agree to indemnify and hold TheSoftware, its parents, subsidiaries, affiliates, and their respective members, officers, directors, employees, agents, co-branders, and partners harmless from any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party resulting from or arising out of: Your use of the Website, Services, Content, or entry into any Contest. Your breach of the Agreement. Your violation of the rights of any individual or entity. The provisions of this indemnity are for the benefit of TheSoftware, its parents, subsidiaries, affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers, and attorneys. These individuals and entities have 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 by Third Party Providers. Since TheSoftware does not control these third-party sites, you acknowledge and agree that TheSoftware is not responsible for their availability. Additionally, TheSoftware does not endorse or take responsibility for any terms and conditions, privacy policies, content, advertising, services, products, or other materials on or available through these third-party sites. TheSoftware is not liable for any damages or losses that may arise from using these external websites or resources.
PRIVACY POLICY/VISITOR INFORMATION
Your use of the Website, along with any comments, feedback, information, Registration Data, or materials you submit, is governed by our Privacy Policy. We reserve the right to use all information related to your use of the Website, including any personally identifiable information you provide, in accordance with the terms outlined in our Privacy Policy. To view our Privacy Policy, please click here.
LEGAL WARNING
Any attempt by any individual, whether or not a customer of TheSoftware, to damage, destroy, tamper with, vandalize, or otherwise interfere with the operation of the Website is a violation of both criminal and civil law. TheSoftware will actively pursue all available legal and equitable remedies against any individual or entity engaging in such actions to the fullest extent permitted by law.
CHOICE OF LAW/VENUE
Any disputes arising from or related to the Agreement will be governed by the laws of Estonia, without regard to conflict of law principles. Any resulting award shall be final and binding on the parties, and a judgment may be entered in any court with proper jurisdiction. This does not prevent either party from seeking injunctive relief to protect its rights pending the outcome of arbitration. You agree not to bring, join, or participate in any class action lawsuit against TheSoftware and its affiliates, legal representatives, subsidiaries, or agents. You consent to the entry of injunctive relief to stop such lawsuits and to be removed as a participant. Additionally, you agree to pay TheSoftware’s attorney fees and court costs related to seeking this relief. The provision against class actions does not waive your right to pursue an individual claim in arbitration. If any part of the Agreement is found invalid or unenforceable, the rest remains in full effect.