Terms of Use for the Website Software. IMPORTANT - PLEASE READ

General Provisions

Thank you for visiting the website - whippinkxh.topdep1.serenesmilesportal.click (hereinafter "Site"), where you found the link to these Terms of Use (hereinafter "Terms"). The Site is the online property of TheSoftware (hereinafter collectively referred to as "TheSoftware", "we", and "us"). By using this website, you agree to comply with these Terms of Use for TheSoftware’s website ("Terms") in their entirety when you: (a) access the Site; (b) register for a newsletter, subscribe to a mailing list, or request information through the Site ("Subscription Services"); (c) enter into promotions, contests, and/or sweepstakes periodically offered by TheSoftware (each, a "Contest"); (d) join or attempt to join an affiliate program or other organization presented on the Site ("Membership Services"); and/or (e) order a product and/or service through the Site ("Seller Services", together with Subscription Services and Membership Services, the "Services"). TheSoftware's Privacy Policy ("Privacy Policy"), the official contest rules applicable to each contest, TheSoftware's purchase agreement(s) ("Purchase Agreement"), TheSoftware's membership agreement(s) ("Membership Agreement"), and any other operating rules, policies, pricing schedules, and other additional terms or documents that may be published from time to time are incorporated into these Terms by reference (collectively, the "Agreement"). Please read the full 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 the Site in any way or form.

TheSoftware SPECIFICALLY PROHIBITS ACCESS TO THE SITE AND/OR SERVICES BY ANY INDIVIDUALS subject to the Children’s Online Privacy Protection Act of 1998 ("COPPA"). TheSoftware RESERVES THE RIGHT TO DENY ACCESS TO SERVICES AND/OR THE SITE TO ANY INDIVIDUAL AT ITS SOLE DISCRETION.

By using whippinkxh.topdep1.serenesmilesportal.click (hereinafter "Site"), you agree to abide by these Site terms, which govern the rights and obligations between the domain owner on which this Site is located (hereinafter "Operator") and you as the User of this Site (hereinafter "You" or "User").

This domain is owned by the Operator. The advertising Site is managed exclusively by the Operator. The Site provides you with information about the services and products of our partner(s) (hereinafter "Advertiser(s)"). The Site allows you, as a User, to submit requests for products or services from Advertisers using their websites (hereinafter "Service"). The use of the Site is governed by the Site's Terms of Use, published on the Site (hereinafter "Rules").

The Site acts as an informational online platform and includes a service allowing Users to submit requests for Products and/or Services of Advertisers advertised on the Site or using the Advertisers' websites (hereinafter "Service"), through its tracking platform (hereinafter "Software").

The Operator only facilitates communication between the provider of goods and/or services and the User. The Operator is not a provider of any services and/or products.

By submitting any information, you agree to the Terms of Use of the Site, under which we provide you with information for processing your request to enter into a contract between you and the Advertiser for the purchase of services or goods advertised on the Site or using the Advertisers' websites.

APPLICATION AND MODIFICATION OF THE AGREEMENT

You agree to the terms and conditions set forth in the Agreement regarding your use of the Website. The Agreement constitutes the entire and exclusive agreement between you and TheSoftware regarding your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties, and/or understandings regarding the Website. We may, from time to time, make changes to the Agreement at our discretion without prior notice to you. The most recent 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 terms and conditions contained in the Agreement in effect 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 form legally binding contracts under applicable law. The Website and Services are not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Website and/or Services.

DESCRIPTION OF SERVICES

Subscription Services In accordance with the terms and conditions of the Agreement, by registering on the Website and obtaining permission from TheSoftware, you may receive or attempt to receive, for a fee or free of charge, Subscription Services. As part of the Subscription Services, you will receive via email content, texts, and other materials ("Subscription Content") related to online marketing, provided by TheSoftware and its third-party partners ("Third-Party Providers"). If you wish to discontinue receiving Subscription Content, simply email us at office@tiktok.trade. Subscription Content includes comments, opinions, and/or other materials provided by TheSoftware and Third-Party Providers, and should not be relied upon. Please exercise caution, common sense, and safety when using Subscription Content and/or Subscription Services. You agree that TheSoftware has no obligations and will not be liable to you in connection with any such Subscription Content. TheSoftware makes no representations or warranties that the Subscription Content provided in connection with the Subscription Services is accurate, complete, or suitable. You understand and agree that TheSoftware will not be liable for any inability to use the Subscription Services and/or Subscription Content. You understand and agree that TheSoftware will not be liable to you, end users, or third parties for any claims related to any Subscription Services.

Membership Services In accordance with the terms and conditions of the Agreement and Membership Agreement, by registering on the Website, agreeing to the Membership Agreement, and receiving approval from TheSoftware, you may receive or attempt to receive, for a fee or free of charge, membership in one of the various membership programs offered by MTS Advertise OU. A copy of the Membership Agreement can be found on the specific program's website. TheSoftware’s membership programs will provide you access to content, texts, and other materials ("Member Content", together with Subscription Content, "Content"), provided by TheSoftware and some third-party providers, intended to assist members in their online marketing endeavors. Member Content includes comments, opinions, and other materials provided by TheSoftware’s third-party providers, and should not be relied upon. Please exercise caution, common sense, and safety when using Member Content and/or Membership Services. You agree that TheSoftware has no obligations and will not be liable to you in connection with any such Member Content. TheSoftware makes no representations or warranties that Member Content provided in connection with Membership Services is accurate, complete, or suitable. You understand and agree that TheSoftware will not be liable for your inability to use Membership Services and/or Member Content. You understand and agree that TheSoftware will not be liable to you, end users, or third parties for any claims related to any Membership Services.

Vendor Services By completing the appropriate purchase order forms, you may receive or attempt to receive certain products and/or services on the Website. The products and/or services offered on the Website may contain descriptions provided directly by third-party manufacturers or distributors of such goods. TheSoftware makes no representations or warranties that the descriptions of such goods are accurate or complete. You understand and agree that TheSoftware will not be liable for any inability to obtain products and/or services from the Website or for any disputes with sellers, distributors, and end consumers of products. You understand and agree that TheSoftware will not be liable to you or any third party for any claims related to any products and/or services offered on the Website.

General Information The information you must provide in connection with registration for Services may include, without limitation, some or all of the following: (a) your full name; (b) company name; (c) email address; (d) mailing address (and billing address, if different); (e) home phone number; (f) work phone number; (g) fax number; (h) credit card information; and/or (i) any other information requested in the applicable registration form ("Service Registration Data"). You agree to provide accurate, truthful, current, and complete Service Registration Data. TheSoftware has the right to reject any Service Registration Data if it is determined, in TheSoftware’s sole and exclusive discretion, that: (i) you are in violation of any part of the Agreement; and/or (ii) the Service Registration Data you provided is incomplete, fraudulent, duplicated, or otherwise unacceptable. TheSoftware may change the criteria for Service Registration Data at any time at its discretion. Unless explicitly stated otherwise, any future offers provided to you on the Website that supplement or otherwise expand the current capabilities of the Website are subject to the Agreement. You understand and agree that TheSoftware will not be liable for your inability to use and/or claim Services. You understand and agree that TheSoftware will not be liable to you or any third party for any changes, suspension, or termination of any Services or other products, services, or promotions offered by TheSoftware 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 will not be liable to you for any responsibility or obligations. You understand and agree that discontinuing use of the Website is your sole right and remedy regarding any dispute you may have with TheSoftware.

Website Content

All materials, including banners, videos, and other content displayed on the Website (hereinafter "Content"), are provided solely for advertising and informational purposes and should not be used for other purposes. All materials are intended for simulation or modeling only. The Content may not be accurate and may not be based on actual events or facts; however, any and all information perceived from the Content in visual, oral, or written form is not financial, legal, tax, or any other professional advice and is not intended to replace consultation with a qualified professional. The Operator makes no warranties or representations regarding the applicability, accuracy, suitability, or completeness of the Content, and the information contained therein is intended solely for informational and advertising purposes, and all disclaimers above should be considered. Therefore, based on the above, if you wish to use and apply the Software, you assume full responsibility for your actions. No statement should be interpreted as providing investment advice or recommendations, offers, or proposals to buy or sell any type of securities and/or financial instruments or other products and/or services.

Any results presented in the methodology and/or system available in the Content do not necessarily indicate future results. No warranties or representations are made that any User will achieve or can achieve profits or losses similar to those indicated in the Content. Past performance of any system or strategy that may be presented in the Content is not a real indication of future performance and results that may be achieved. We strongly recommend that you consult with your expert advisor before ever placing or trading any budgetary instrument. We strongly recommend that you consult with your personal advisor who has sufficient professional skills before ever investing in or trading any financial instrument.

The User is duly informed, understands, and acknowledges that the Operator is not authorized to provide any legal, accounting, investment, or tax advice, or recommendations regarding investment strategy, suitability, profitability, or other matters.

Use of Service

To register on the Website, you will need to provide your first name, last name, email address, phone number, and password. One account may have only one authorized user; registering multiple accounts for one physical or legal person is not allowed and may result in the Operator closing all accounts deemed necessary. The use of the Service is voluntary and free of charge.

By using the Website, you agree to maintain the confidentiality of your identification and password and agree not to use another authorized user's account.

The Operator is not responsible for any losses or damages resulting from your failure to comply with these obligations and is not liable for any damage caused by the theft, hacking, or any other unauthorized use of your password, identification data, or other means of identification.

Upon registration, the User agrees to provide the Operator with truthful, accurate, and complete information by filling out the registration form on the Site. The User agrees to comply with all applicable local, state, national, and international laws and regulations regarding the use of the Site, Service, and/or Software. Additionally, the User acknowledges and agrees that the use of the Internet and access, transmission, or connection to the Site is at their own risk.

In the event of any violation, the Operator is not responsible for the security of any information transmitted to or from the Site. The User assumes all responsibility for actions related to their use of the Website, including but not limited to the maintenance or backup of any data.

The Operator makes all commercially reasonable efforts to ensure the availability of the Software and/or Service to the User. The User acknowledges that some components of the Service and/or Software may be provided by third parties, and as such, there may be delays, errors, failures, data lag, etc., which the Operator cannot control. The Operator cannot provide any guarantees and is not liable for instances where the Service and/or Software operate uninterruptedly or without errors, or that defects in the Service and/or Software are corrected.

The Operator collects any personal data in accordance with the Privacy Policy. The User agrees to read and accept the Privacy Policy before providing any personal data on this Site. The User acknowledges that the use of the Site and Service requires the use of their personal data.

Any User agrees to review and accept the Privacy Policy before providing any personal data on this Site. In the event the User becomes aware of a breach or potential breach of security regarding any personal data provided to the Operator, or any unauthorized breach of the Site, the User must:

1) Immediately notify the Operator of such breach or potential breach;
2) Provide the Operator with reasonable assistance to prevent or remedy any such breach;
3) Allow the Operator to comply with any applicable laws requiring notification of a security breach that has resulted in any breaches related to the identification of personal data.

Although the Website may be accessible worldwide, not all features or Services offered on the Website are suitable or available for use in all countries. The Operator reserves the right to limit the provision and quantity of any features or Services to any person or geographic region at its discretion. In any case, the choice to use the Website, Service, and/or Software is entirely the User’s responsibility, who must comply with applicable laws.

Intellectual Property Rights

Copyrights for the Content belong to both the Operator and its partners, and they cannot be retained, copied, or modified in any format, sold, or used in any way under any circumstances, distributed or transferred in any way without the Operator's specific permission. Information, modules, patents, patent disclosures, patent applications, and all rights to inventions (patentable or not), trademarks, trade names, copyrights, methods, know-how, computer code (including HTML code, original source code, object code), domain names on the Internet, registrations and applications for their registration along with all related goodwill, algorithms, business methods, user interfaces, graphic design and software, software architecture, algorithms, data structures; and all developments, derivatives, and improvements to them, whether registered or not, and all other intellectual property rights of any kind and nature worldwide and in any designation, arising by law, contract, license, or otherwise, and all registrations, applications, renewals, extensions, all registrations, applications, extensions, divisions, or reissues, currently or in the future (collectively referred to as "Intellectual Property"), are fully owned by the Operator, its affiliates, its heirs and successors, and are controlled and licensed by it, and/or third parties who have granted the Operator a license to use such intellectual property.

The Operator grants the User a personal, revocable, limited, non-exclusive, free, and non-transferable license to use the Website, Software, and Content only for personal use. The license does not allow the User to modify, copy, store, reproduce, republish, upload, post, transmit, license, sublicense, display, rent, sell, use, or distribute in any way any data, intellectual property, or materials provided by the Operator through the Website, in any way not expressly permitted by these Terms. Any changes, recompilation, translation, creation of any derivative works, disassembly, publication, removal, modification of any proprietary rights notices or labels, provision of protective interests or other use of the Website in any manner not permitted in this document for the User or any third party are prohibited.

The use of any "deep links," "page scraping," "robots," "spiders," or other automated devices, programs, scripts, algorithms, or methodologies, or any similar or equivalent manual processes to access, obtain, copy, or control any part of the Website, or to reproduce or circumvent the structure of navigation or presentation of the Website to obtain or attempt to obtain any materials, documents, or information in any manner not intentionally made available through the Website, is prohibited.

The attempt to gain unauthorized access to any part or feature of the Website, including, without limitation, any user account(s), any other systems or networks connected to the Website or its servers, to any of the services offered on the Website or through it, by hacking, password "mining," or any other illegal or prohibited method is forbidden.

The investigation, scanning, or testing of the Website's vulnerability or any network connected to the Website, and the violation of security or authentication measures on the Website or any network connected to the Website, is prohibited.

The reverse searching, tracking, or attempting to trace any information about any user or visitor of the Website, or taking any actions that impose an unreasonable or disproportionately large load on the Website's infrastructure, systems, networks, or any systems or networks connected to it, or using any devices, software, or procedures to interfere with the normal operation of the Website or transactions conducted on the Website, or any other person's use of the Website, is prohibited.

The falsification of headers, impersonation of another person, or otherwise manipulating identifiers to disguise the true origin of any message or transmission sent to or from the Operator on the Website, or using the Website to collect email addresses or other contact or personal information, is forbidden.

The advertising, sharing the brand, private labeling, using the name, logo, or similar name of the Operator on another domain, distributing, reselling, or otherwise providing third parties access to the Website and its use, in whole or in part, without the Operator's express, separate, and prior written permission is prohibited.

The use of the Website in any other illegal manner or in a way that might be perceived as causing harm, humiliation, or other negative impact to the Operator is prohibited. Any attempt at unauthorized use of the Website may constitute a violation of law. The Operator reserves the right to monitor, track, and log activity on the Site, including but not limited to archiving notifications or messages sent by the User through the Site. The Operator also reserves the right to modify, suspend, discontinue, or interrupt the operation or access to the Website or any part thereof at any time and without prior notice for the protection of the Website or the Operator's activities.

Limitation of Liability

The User assumes full responsibility and risk for the use of the Website, Content, and Software. The Operator provides the Website, Content, and Software and related information "as is" and makes no express or implied warranties, representations, or assurances.

The Operator disclaims any and all liabilities with respect to the Website, Service, Software, any information or information from third parties or links provided therein. The Operator is not liable for any costs or damages incurred directly or indirectly as a result of any such transaction.

Under no circumstances will the Operator be liable to any party for any direct, indirect, incidental, punitive, special, consequential, or other damages, arising directly or indirectly from any use of the Website, Content, and Software, which are provided "as is" and without any warranty.

Use of the Website, Content, and Software is at the User's own risk and responsibility.

Any claims for damages, in any manner, cannot be applied to the Operator, and under no circumstances is the Operator liable for damages (including direct, indirect, consequential, or special damages), even if advised of the possibility of such damages, arising from your use or reliance on this Website.

The Advertiser assumes sole and full responsibility for any violations related to the Content of advertising materials, accuracy and/or quality of information, Products, and/or Services, Software, and any of their aspects, for any direct, indirect, incidental, punitive, special, or other consequential damages, arising directly or indirectly from any use of the Website, advertising materials, information, and/or Software.

Any claims for damages in any way, as well as any other claims and/or claims related to the Website, advertising materials, accuracy and/or quality of information, Products, and/or Services, Software should be directed and/or sent to the Advertiser.

The quality, non-infringement, accuracy, completeness, or reliability of any third-party materials, programs, products, displayed on such third-party sites or to which you may access via a link to such sites, is not in any way endorsed by the Operator, and the Operator makes no warranties in this regard.

The Operator expressly disclaims any responsibility for the content, materials, accuracy, and/or quality of information, products, and/or services available or advertised on such third-party websites. All communications or dealings between the User and any third party are solely between the User and such third party and do not involve the Operator in any way.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TheSoftware WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TheSoftware HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN THE FULL EXTENT PERMITTED BY LAW FOR: (A) THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD-PARTY PRODUCTS YOU MAY OBTAIN FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES YOU MAY CLAIM THROUGH THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE PURCHASE OR OBTAINING OF ANY GOODS, DATA, INFORMATION, AND/OR SERVICES, OR DEALS ENTERED INTO THROUGH THE WEBSITE;

OTHER

If the Operator fails to insist on or enforce strict compliance with any provision of these Terms, this should not be construed as a waiver of any provision or right under these Terms or the law.

The legal relationship established under these Terms will be governed and construed in accordance with the laws of Hong Kong.

The date of actual use of the Site by the User is the date of settlement of the relationship between the User and the Operator. The rights and obligations of the parties are effective from the date of the User's registration.

The Operator may assign its rights and obligations under these Terms to any party at any time without notice to the User. The User does not have the right and may not assign any rights or obligations of the User to third parties without the Operator's prior written consent. These Terms constitute the entire agreement between the User and the Operator regarding the use of the Site.

The following provisions remain in effect after the termination of these Terms: Intellectual Property Rights, Limitation of Liability, and any other provisions of these Terms that by their nature are intended to survive the termination of these Terms.

These Terms may be amended or supplemented by the Operator from time to time at its sole discretion. The new version of the Terms will become effective upon its publication on the Site. If the User does not agree with the new Terms, they must cease using the Site and the Service.

Written communication or business dealings between the parties also include communication or business dealings via email without an electronic signature, unless otherwise expressly provided in this document. If any part or provision of these Terms is found to be illegal or invalid for any reason, it will not affect the validity of the remaining provisions.

CONTESTS

From time to time, TheSoftware offers promotional prizes and other awards through contests. By providing truthful and accurate information in the relevant contest registration form and agreeing to the Official Contest Rules applicable to each contest, you may participate and have a chance to win the promotional prizes offered in each contest. To participate in contests presented on the Website, you must first fully complete the relevant application form. You agree to provide truthful, accurate, current, and complete registration data for participation in the contest. TheSoftware has the right to reject any contest registration data if, in TheSoftware's sole and exclusive discretion, it is determined that: (i) you are violating any part of the Agreement; and/or (ii) the registration data provided by you for the contest is incomplete, fraudulent, duplicate, or otherwise unacceptable. TheSoftware may change the criteria for Registration Data at any time at its discretion.

GRANT OF LICENSE

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 related materials in accordance with the Agreement. TheSoftware may terminate this license at any time for any reason. You may use the Website and Content on a single computer for 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, sell, modify, decompile, disassemble, reconstruct, or transfer the Website, Content, Contests, and/or Services or any part thereof. TheSoftware reserves any rights not expressly granted in the Agreement. You may not use any devices, software, or procedures to interfere with or attempt to interfere with the proper working of the Website. You may not take any actions that create an unreasonable or disproportionately large load on TheSoftware's infrastructure. Your right to use the Website, Content, Contests, and/or Services is non-transferable.

OWNERSHIP RIGHTS

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other issues related to the Website, Content, Contests, and Services are protected by applicable copyrights, trademarks, and other proprietary rights (including, but not limited to, intellectual property rights). Copying, distributing, publishing, or selling any part of the Website, Content, Contests, and/or Services is strictly prohibited. Systematic extraction of materials from the Website, Content, Contests, and/or Services using automated means or any other form of data scraping or extraction for the purpose of creating or compiling, directly or indirectly, a collection, compilation, database, or directory without written permission from TheSoftware is prohibited. You do not acquire any ownership rights to any content, documents, software, services, or other materials viewed on or through the Website, Content, Contests, and/or Services. Posting information or materials on the Website or via the Services by TheSoftware does not constitute a waiver of any rights to such information and/or materials. The name and logo of TheSoftware, as well as all associated graphic images, icons, and service names, are trademarks of TheSoftware. All other trademarks appearing on the Website or within the Services are the property of their respective owners. Use of any trademark without the written consent of the respective owner is strictly prohibited.

HYPERLINKING TO THE WEBSITE, COBRANDING, FRAMING, AND/OR LINKING TO THE WEBSITE IS PROHIBITED.

Without TheSoftware's explicit permission, no one may link to the Website or any of its parts (including, but not limited to, logos, trademarks, branding, or copyright-protected materials) on their own website or webpage for any reason. Additionally, “framing” of the Website and/or linking to the Website’s Uniform Resource Locator (“URL”) in any commercial or non-commercial media without prior explicit written permission from TheSoftware is strictly prohibited. You agree to cooperate with the Website in removing or terminating, as applicable, any such content or activity. You hereby acknowledge that you are responsible for any and all damage related to this.

EDITING, REMOVAL, AND MODIFICATION

We reserve the right, at our sole discretion, to edit and/or remove any documents, information, or other content appearing on the Website.

DISCLAIMER OF LIABILITY

THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD-PARTY PRODUCTS THAT YOU MAY OBTAIN FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY REQUEST 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 MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, DISCLAIMERS OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT LIMITED TO, TheSoftware MAKES NO WARRANTIES THAT: (A) THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD-PARTY PRODUCTS THAT YOU MAY OBTAIN FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY REQUEST THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD-PARTY PRODUCTS THAT YOU MAY OBTAIN FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY REQUEST THROUGH THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) YOU WILL WIN ANY 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 OBTAIN FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY REQUEST THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD-PARTY PRODUCTS THAT YOU MAY OBTAIN FROM ONE OF OUR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY REQUEST THROUGH THE WEBSITE MAY CONTAIN ERRORS, MISTAKES, PROBLEMS, OR OTHER LIMITATIONS. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION RELATED TO THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TheSoftware, ANY OF ITS THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH THE WEBSITE OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

DISCLAIMER OF LIABILITY FOR DAMAGES CAUSED BY DOWNLOADS

Visitors download information from the Site at their own risk. TheSoftware makes no warranties that such downloads do not contain destructive computer codes, including, but not limited to, viruses and worms.

INDEMNIFICATION

You agree to indemnify and hold harmless TheSoftware, each of its parent companies, subsidiaries, and affiliates, as well as each of their respective members, officers, directors, employees, agents, co-branders, and/or other partners from and against any and all claims, costs (including reasonable attorney’s fees), losses, suits, expenses, demands, and/or judgments brought by any third party in connection with or arising out of: (a) your use of the Website, Services, Content, and/or entry into any Contest; (b) your violation of the Agreement; and/or (c) your violation of any rights of any other individual and/or legal entity. The provisions of this paragraph are for the benefit of TheSoftware, each of its parent companies, subsidiaries, and/or affiliates, as well as 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 their own behalf.

THIRD-PARTY SITES

The Website may provide links to and/or direct you to other websites and/or Internet resources, including, but not limited to, those owned and operated by third-party providers. As TheSoftware does not control 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. Furthermore, TheSoftware does not endorse and is not responsible for any policies, terms of use, privacy practices, content, advertising, services, products, and/or other materials on or available from such third-party websites or resources, or for any damage and/or losses arising therefrom.

PRIVACY POLICY/INFORMATION FOR VISITORS

Your use of the Website, as well as any comments, reviews, information, Registration Data, and/or materials that you submit 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 other personal information you provide, in accordance with the terms of our Privacy Policy. To review our Privacy Policy, click here.

LEGAL WARNING

Any attempt by any person, whether or not they are a customer of TheSoftware, to damage, destroy, tamper with, disrupt and/or otherwise interfere with the operation of the Website is a violation of criminal and civil law, and TheSoftware will vigorously pursue any and all legal remedies available against any such violator, whether an individual or entity, to the fullest extent permitted by law and in equity.

CHOICE OF LAW/JURISDICTION

Any disputes arising out of or related to the Agreement will be governed by and construed in accordance with the laws of Estonia (without regard to its conflict of law principles). Any decision rendered is final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction. Nothing in this document shall be construed as preventing any party from seeking injunctive relief to protect its rights before an arbitration award is made. To the extent permitted by law, you agree that you will not file, join, or participate in any class actions for any claims, disputes, or controversies that may arise against TheSoftware and each of its legal representatives, affiliates, subsidiaries, parent companies, agencies, and their respective members, officers, directors, employees, and agents. You agree to the entry of an injunction to prevent such action or to exclude you from being a participant in such action. You agree to pay attorney’s fees and court costs that TheSoftware may seek in obtaining such relief. The Agreement does not constitute a waiver of any of your rights and remedies to file a claim individually, rather than as part of a class action, in binding arbitration as described above. This provision prohibiting you from filing, joining, or participating in class actions is a separate agreement. If any part of the Agreement is found to be invalid or unenforceable, that part will be interpreted in accordance with applicable law, and the remaining parts will remain in full force and effect.