The Software WEBSITE TERMS OF USE IMPORTANT – PLEASE READ
(a) visiting the Website,
(b) registering for newsletters or subscribing to mailing lists, or requesting information through the Website (“Subscription Services”),
(c) registering for participation in promotions, contests, and/or sweepstakes offered by TheSoftware from time to time (“Contests”),
(d) attempting to join an affiliate program or other membership organization featured on the Website (“Membership Services”), and/or
(e) ordering products and/or services through the Website (“Vendor Services,” collectively referred to as the “Services”), you agree to be bound by these Terms of Use in their entirety.
Please note that the Agreement encompasses not only these Terms of Use but also TheSoftware’s Privacy Policy, the Official Contest Rules for each Contest, TheSoftware’s Purchase Agreements, Membership Agreements, and any other operational rules, policies, price schedules, and supplemental terms and conditions or documents that may be published periodically. This comprehensive set of terms and conditions constitutes the “Agreement.” We strongly recommend carefully reviewing the entire Agreement. If you do not consent to the Agreement as a whole, you are not authorized to use the Services and/or Website in any capacity. It’s important to highlight that TheSoftware explicitly denies access to the Website and/or Services to any individual who falls under the scope of the Children’s Online Privacy Protection Act of 1998, as amended (“COPPA”). Furthermore, TheSoftware reserves the sole and exclusive right to deny access to the Services and/or Website to any individual at its discretion.
SCOPE AND MODIFICATION OF THE AGREEMENT
By utilizing the Website, you acknowledge your acceptance of the terms and conditions laid out in the Agreement concerning your interaction with the Website. The Agreement serves as the sole and complete agreement between you and TheSoftware concerning your utilization of the Website, and it supersedes any prior or concurrent agreements, representations, warranties, and/or understandings related to the Website.
We retain the right to modify the Agreement at our sole discretion, without providing explicit notice to you. The most current version of the Agreement will be published on the Website, and we recommend that you review it before utilizing the Website. Through your ongoing use of the Website and/or Services, you hereby agree to abide by all the terms and conditions outlined in the Agreement that are in effect at that time. As a result, we advise you to regularly visit this page to stay informed about updates and/or revisions.
REQUIREMENTS
The availability of the Website and Services is restricted to individuals who are capable of entering into legally binding agreements as per relevant laws. The Website and Services are not designed for use by individuals under the age of eighteen (18). If you are below the age of eighteen (18), you are not authorized to access or use the Website and Services.
DESCRIPTION OF THE SERVICES
Any information you share in a public space, such as a bulletin board, chat room, or website hosted by The Software, becomes accessible to anyone else who visits that space. The Software is unable to ensure the protection of any information disclosed in such areas. Moreover, The Software’s websites may contain links to third-party sites that are not affiliated with The Software. In such cases, The Software is unable to guarantee the security of any information you might disclose on those external sites and suggests that you review the privacy policy statements of those sites before visiting them.
Subscription Services
By registering on the Website and obtaining approval from TheSoftware, you can access or attempt to access the Subscription Services, as outlined in the Agreement, either for a fee or without charge. The Subscription Services involve the delivery of relevant e-mail 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, you can simply send an email to support@fxrevenge.net. The Subscription Content includes comments, opinions, and other materials from TheSoftware and Third Party Providers, and it should not be solely relied upon. It’s important to exercise caution and common sense while using the Subscription Content and Services. You acknowledge that TheSoftware holds no obligations and assumes no liabilities concerning any Subscription Content. TheSoftware does not guarantee the accuracy, completeness, or appropriateness of the Subscription Content associated with the Subscription Services.
Membership Services
Upon registration on the Website, agreeing to the Membership Agreement, and obtaining approval from TheSoftware, you have the opportunity to acquire or attempt to acquire a Membership in one of the various Membership programs offered by MTS Advertise OU. This can be done either for a fee or without charge, in accordance with the terms and conditions of the Agreement and the Membership Agreement. If you wish to obtain a copy of the Membership Agreement, you can do so by visiting the specific Membership website. TheSoftware Membership programs grant you access to Member Content, text, and other materials (“Member Content”), which, in conjunction with the Subscription Content, constitutes the “Content.” This Content is provided by TheSoftware and certain Third Party Providers with the aim of aiding Members in their online marketing endeavors. The Member Content includes comments, opinions, and other materials from TheSoftware and Third Party Providers, but it’s important not to solely rely on them.
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. TheSoftware does not represent or warrant that the descriptions of such items are accurate or complete. You understand and agree that TheSoftware 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 TheSoftware 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
(a) your complete name;
(b) company name;
(c) email address;
(d) mailing address (and separate billing address if applicable);
(e) home phone number;
(f) work phone number;
(g) fax number;
(h) credit card details; and/or
(i) any other details as requested on the relevant registration form (“Service Registration Data”).
It’s important to note that any forthcoming offer(s) that enhance or expand upon the current features of the Website will also be subject to the Agreement, unless expressly stated otherwise. You acknowledge and accept that TheSoftware holds no responsibility or liability for any difficulties you may encounter in using and/or qualifying for the Services. Furthermore, you understand and agree that TheSoftware cannot be held liable to you or any third party for any alterations, suspension, or discontinuation of any Services or other products.
CONTESTS
Occasionally, TheSoftware hosts Contests in which promotional prizes and awards are offered. By furnishing accurate and authentic information while registering for the relevant Contest, and adhering to the Official Contest Rules associated with each Contest, you become eligible to participate and potentially win the promotional prizes presented.
To take part in the Contests showcased on the Website, you must initially fill out the appropriate entry form in its entirety. It is agreed that you will supply Contest Registration Data that is truthful, precise, up-to-date, and comprehensive.
LICENSE GRANT
By being a user of the Website, you are provided with a non-exclusive, non-transferable, revocable, and limited license to access and utilize the Website, its Content, and related materials in accordance with the Agreement. It’s important to note that TheSoftware reserves the right to terminate this license at its discretion, and such termination can occur for any reason.
You are permitted to use the Website and Content on a single computer for your personal, non-commercial purposes. However, you are expressly prohibited from reproducing any part of the Website, Content, Contests, and/or Services in any form or incorporating them into any electronic or mechanical information retrieval system.
Furthermore, you are prohibited from utilizing, copying, emulating, cloning, renting, leasing, selling, modifying, decompiling, disassembling, reverse engineering, or transferring the Website, Content, Contests, and/or Services, or any portion thereof.
PROPRIETARY RIGHTS
The Website, Content, Contests, and Services, along with their content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, and other related elements, are safeguarded by applicable copyrights, trademarks, and other proprietary rights, including intellectual property rights. Any act of copying, redistributing, publishing, or selling any part of the Website, Content, Contests, and/or Services by you is strictly forbidden.
Engaging in systematic retrieval of material from the Website, Content, Contests, and/or Services through automated means or any other form of scraping or data extraction with the intent to create or compile a collection, compilation, database, or directory, whether directly or indirectly, without obtaining written permission from TheSoftware is prohibited.
It’s essential to understand that viewing or accessing content, documents, software, services, or other materials on or through the Website, Content, Contests, and/or Services does not grant you ownership rights to these materials.
HYPERLINKING TO THE WEBSITE, CO-BRANDING, “FRAMING” AND/OR REFERENCING THE WEBSITE PROHIBITED
Unauthorized hyperlinking of the Website, or any of its portions (including but not limited to logos, trademarks, branding, or copyrighted material), to external websites or online venues is strictly prohibited, unless explicitly authorized by TheSoftware. Additionally, “framing” the Website or referencing its Uniform Resource Locator (URL) in any commercial or non-commercial media without prior express written permission from TheSoftware is strictly prohibited.
By accessing the Website, you agree to collaborate with TheSoftware to promptly remove or discontinue any such unauthorized content or activity. You acknowledge that you shall be held liable for any damages arising from such unauthorized actions.
EDITING, DELETING AND MODIFICATION
We retain the exclusive right, at our discretion, to modify, edit, or delete any documents, information, or other content that is visible 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. ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
TheSoftware DOES NOT WARRANT THAT 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 SPECIFIC REQUIREMENTS.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitors who choose to download information from the Website do so at their own risk. TheSoftware does not provide any warranty that such downloads are free from potentially harmful computer codes, including but not limited to viruses and worms.
LIMITATION OF LIABILITY
(A) the use or 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 the same;
INDEMNIFICATION
(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 TheSoftware, each of its 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 contain links to and/or references to other Internet websites and/or resources, including those owned and operated by Third Party Providers. As TheSoftware has no control over such third-party websites and/or resources, you acknowledge and agree that TheSoftware is not responsible for the availability of such third-party websites and/or resources. Additionally, TheSoftware does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products, and/or other materials on or available from such third-party websites or resources, nor for any damages and/or losses arising from your use of them.
PRIVACY POLICY/VISITOR INFORMATION
Your use of the Website, as well as any comments, feedback, information, Registration Data, and/or materials you provide through or in connection with the Website, are governed by our Privacy Policy. We retain the right to utilize all information related to your use of the Website, along with any other personally identifiable information you provide, in accordance with the guidelines outlined in our Privacy Policy. To access our Privacy Policy, please click on the following link: Privacy Policy
LEGAL WARNING
Any effort by any person, regardless of whether they are a TheSoftware customer or not, to harm, disrupt, manipulate, deface, or otherwise hinder the functioning of the Website constitutes 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 maximum extent allowed by law.
CHOICE OF LAW/VENUE
Any disputes arising from or related to the Agreement will be governed by and interpreted in accordance with the laws of Estonia, regardless of conflict of law principles. Any decision made in arbitration will be final and binding on the parties, and a judgment based on it can be entered in any court with competent jurisdiction. This does not prevent any party from seeking injunctive relief to protect their rights while awaiting arbitration results. You agree that you will not initiate, participate in, or join any class action lawsuit regarding any claim, dispute, or controversy against TheSoftware, its legal representatives, affiliates, subsidiaries, parents, agencies, and their respective members, officers, directors, employees, and agents. You also consent to the issuance of injunctive relief to halt such a lawsuit or remove you as a participant.