Terms and Conditions For Use of BinaryWorld Site
BY COMPLETING A REGISTRATION FORM OR BY ACCESSING THE BinaryWorld WEBSITE (www.BinaryWorld.net), YOU ACCEPT AND WILL BE BOUND BY THE CURRENT TERMS AND CONDITIONS, WHICH MAY BE UPDATED FROM TIME TO TIME.
In these Terms and Conditions, the following words and phrases shall have the following meanings:
1.1 "Daily" in relation to anything which is provided in the Service on a daily basis means provided on each day which is not a Saturday, Sunday, or public holiday in the United States of America nor any other day on which the clearing banks in the United States of America are not open for business;
1.2 "Data" means data or information in any format, whether existing at the time of registration or not, which is communicated or transmitted to you under these Terms and Conditions;
1.3 "Discussion Forum" includes without limitation all sections of the Service in which users are able to post material of any description to the Website;
1.4 "Free Service" means any article ("Article"), tip, book review, or the Discussion Forums provided free of charge on the Website;
1.5 "Service" means Data supplied to you via the Website in accordance with these Terms and Conditions and which includes (without limitation) articles, tips, a Discussion Forum for each subject, case studies, reference material, pdf files, software for downloading and links to other websites which BinaryWorld thinks you may find useful. Other data or information, including data or information originating from or owned by third parties ('Third Party Data', see below), may be made available or removed by BinaryWorld from time to time at BinaryWorld's sole discretion.
1.6 "Third Party Data" means data or information originating from or owned by third parties which BinaryWorld may supply as part of the Service. Certain data, additional to the Service, may be made available to you by BinaryWorld, sourced from third party database owners or their licensors. All intellectual property rights in the Third Party Data vest in the third party or its licensor(s);
1.7 "Website" means the website maintained by BinaryWorld of which the URL is www.BinaryWorld.net or such other website through which BinaryWorld may from time to time provide the service described in these Terms and Conditions;
2. Duration and Termination
2.1 By accessing the Free Service, you accept these Terms and Conditions.
2.2 BinaryWorld may suspend or terminate access to the Service without notice.
3. Provision of and Access to the Service
3.1 Subject to these Terms and Conditions, BinaryWorld shall provide you with the Service.
3.2 BinaryWorld shall allocate to you such passwords and other identifiers as it thinks fit and may alter these from time to time upon giving you reasonable notice.
3.3 Any password is issued for the authorised use of you only and is not transferable, and shall be kept strictly confidential. You agree to indemnify BinaryWorld against any unauthorised use, in breach of these Terms and Conditions, of such password(s).
3.4 BinaryWorld reserves the right in its absolute discretion without notice to:
3.4.1 alter the arrangements for access to the Service; and/or
3.4.2 change the content, presentation and/or facilities of the Service, and any indications on the Website as to the future publication of any particular Articles, tips, case studies, books or any other materials do not constitute any warranty or guarantee that such Articles, case studies, books or other materials will in fact be published. BinaryWorld will endeavour to give you reasonable notice of any significant alterations or changes which are likely to affect you.
4. Copyright and Permitted Use of the Service
4.1 Unless otherwise stated, the entire contents of the Service consist of copyright material owned by BinaryWorld and/or the various authors identified in relation to particular items.
4.2 BinaryWorld grants you permission to access, use, print off and download extracts from the Website, provided that:
4.2.1 the copyright notice set out at the foot of each Article that you download and the name of the author of the Article appear in all copies (whether electronic or on paper); and
4.2.2 Articles and extracts from the Website are for your personal use, information and research only; and
4.2.3 any copies of Articles and/or extracts from the Website saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for your personal use, information and research; and
4.2.4 you may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly and/or systematically downloading and storing all or any part of the pages from the Service; and
4.2.5 such extracts may not be copied or posted on to any network computer or website nor broadcast in any media, nor may multiple printed copies be made and/or distributed in any media; and
4.2.6 such extracts may not be disseminated in any electronic or non-electronic form nor included in any public or private electronic retrieval system or service without the prior written consent of BinaryWorld; and
4.2.7 no modification of any extract, nor the creation of any derivative work from any extract, nor the sale, hiring or licensing of any extract, is permitted under any circumstances whatsoever; and
4.2.8 you may not frame or utilize framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of BinaryWorld and its affiliates without express written consent from BinaryWorld; and
4.2.9 you may not use any meta tags or any other "hidden text" utilizing BinaryWorld's name or trade marks without the express prior written consent of BinaryWorld.
4.3 The Terms and Conditions set out in this clause 4.3 relate to any software that may be available for downloading from the Website:
4.3.1 unless otherwise specifically stated, such software is a copyright work belonging to BinaryWorld;
4.3.2 the use of such software is governed by the terms of any end user license agreement ("EULA") which accompanies such software or is included in it;
4.3.3 if there is no such EULA, then these Terms and Conditions govern such use;
4.3.4 if there is a EULA, then you must accept it in order to install the software on your computer;
4.3.5 any such software is available for downloading solely for your personal use on one computer terminal only, and subject to any particular terms and conditions specified in the EULA;
4.3.6 any reproduction or redistribution of such software, unless specifically permitted by the EULA, is expressly prohibited;
4.3.7 WITHOUT LIMITING THE GENERAL APPLICATION OF THE PREVIOUS PARAGRAPH, COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Any content that is posted on BinaryWorld.net may be reproduced in other media forms such as magazines or books soley at the discretion of Central Publishing Group.
4.4 All trade marks (registered and unregistered) included within the Website and the Service, including without limitation "BinaryWorld", the BinaryWorld logo, and "BinaryWorld" are the property of BinaryWorld, save where such trade marks are indicated as owned by third parties. BinaryWorld reserves all rights in its trade marks.
4.5 As a condition of you receiving the Weekly e-mail from BinaryWorld comprised in the Service or any other e-mail communication, you undertake that the e-mail address that you provide will be your own and that you will not use this facility to "spam" any third party by entering an e-mail address other than your own.
4.6 Use of extracts from the Service for any purpose other than in accordance with these Terms and Conditions is expressly prohibited.
5. Links to Other Websites
5.1 The links to third party websites will take you to websites that are not under the control of BinaryWorld.
5.2 BinaryWorld is not responsible for the contents of any linked third party websites nor for any link contained in any such linked website, nor for any changes or updates to such websites.
5.3 BinaryWorld is not responsible for webcasting or any other form of transmission received from any linked third party website, nor for any transaction or other activity you may conduct on any such third party website.
5.4 Links to third party websites are provided by BinaryWorld for your convenience only and the inclusion of any such link does not imply that BinaryWorld approves or has tested the contents of any such website.
5.5 BinaryWorld reserves the right to discontinue links to any particular third party websites at any time and accepts no liability for any consequences of such discontinuance.
6. Links to the BinaryWorld Website
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray BinaryWorld, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any BinaryWorld logo or other proprietary graphic or trade mark as part of the link without express prior written permission from BinaryWorld.
7. Discussion Forum
The following Terms and Conditions apply in respect of the Discussion Forum section of the Service:
7.1 The Discussion Forum is available only to adults who are at least 18 years old. By using the Discussion Forum, you certify to BinaryWorld and to all others that you are an adult.
7.2 You understand that BinaryWorld is providing you with unfiltered access to the Discussion Forum. BinaryWorld cannot, nor do we try to, control the content that you will receive from such Discussion Forum nor that you post to such Discussion Forum. By its very nature, the Discussion Forum may carry offensive, harmful or inaccurate material, in some cases in postings that have been mislabelled or are otherwise deceptive. We expect that you will use caution, and common sense, when using the Discussion Forum. Furthermore, you undertake to comply with all applicable laws regarding your access to and use of the Discussion Forum. BinaryWorld may add to, delete from and otherwise modify all or any part of the Discussion Forum and the Service at any time in its sole discretion.
7.3 THE DISCUSSION FORUM IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED.
7.4 IN NO EVENT SHALL BinaryWorld BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OR FAILURE TO PROVIDE THE DISCUSSION FORUM. BinaryWorld'S TOTAL LIABILITY TO YOU AND/OR ANY THIRD PARTIES FOR ANY LIABILITY WHATSOEVER IN RELATION TO THE DISCUSSION FORUM, WHETHER ARISING IN CONTRACT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, IS LIMITED TO $0.
7.5 You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to access the Discussion Forum.
7.6 With respect to any content you distribute through the Discussion Forum:
7.6.1 You are solely responsible for your content, and BinaryWorld acts as a passive conduit for your online distribution and publication of your information. However, BinaryWorld reserves the right to remove content from our servers if we believe it may create liability for us or any partner, affiliate or supplier or any user. We may reprint, modify, distribute or delete the postings and other content you post, transmit or otherwise distribute through the Discussion Forum at our discretion. You understand, acknowledge and accept that upon posting a message or other content on any Discussion available through the Discussion Forum, your content could be widely accessible.
7.6.2 You represent and warrant that any content you post, transmit or otherwise distribute through the Discussion Forum or otherwise in the use of the Service and the use and/or publication of that content
184.108.40.206 does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
220.127.116.11 does not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control unfair competition, anti-discrimination and misleading advertising);
18.104.22.168 is not defamatory or unlawfully threatening and does not constitute trade libel;
22.214.171.124 is not pornographic or obscene;
126.96.36.199 does not contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines
and you hereby indemnify BinaryWorld for any loss suffered as a result of any breach of the warranties in clause 7.6.2.
7.6.3 You may not distribute "spam" or any unsolicited advertisements, whether commercial or personal, through the Discussion Forum or any other part of the Service, nor may you take any other action which imposes an unreasonable or disproportionately large load on our infrastructure. We deploy automatic word and "spam" filters that may terminate your postings without delivering them.
7.6.4 You may not impersonate another user or a BinaryWorld employee.
7.6.5 BinaryWorld reserves the right to remove you from, and to deny you access to, the Discussion Forum or any part of the Service if you attempt to do any of the foregoing prohibited activities or otherwise for your failure to abide by these Terms and Conditions.
8. LIMITATION AND EXCLUSION OF LIABILITY
8.1 THE CONTENTS OF THE SERVICE ARE FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION.
8.2 BinaryWorld MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY FOR ANY PARTICULAR PURPOSE AND/OR ACCURACY OF THE INFORMATION CONTAINED IN MATERIAL ON THE WEBSITE.
8.3 THE SERVICE AND ALL MATERIAL CONTAINED WITHIN IT FROM TIME TO TIME IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER.
8.4 BinaryWorld HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO INFORMATION CONTAINED IN SUCH MATERIAL, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIESAND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8.5 IN NO EVENT SHALL BinaryWorld BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY INFORMATION OR OTHER MATERIAL AVAILABLE FROM THE WEBSITE OR FROM THE USE OF OR ANY INABILITY TO ACCESS OR DELAY IN ACCESSING THE SERVICE OR FROM ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING OR INABILITY TO ACCESS THE SERVICE, EVEN IF BinaryWorld HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.6 THE MATERIAL PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, FOR WHICH BinaryWorld ACCEPTS NO LIABILITY. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED ON THE WEBSITE. BinaryWorld MAY MAKE IMPROVEMENTS AND/OR CHANGES IN ANY OF THE MATERIAL CONTAINED ON THE WEBSITE AT ANY TIME.
8.7 BinaryWorld GIVES NO WARRANTY WITH RESPECT TO ANY SOFTWARE AVAILABLE FOR DOWNLOADING FROM THE WEBSITE, UNLESS ANY WARRANTY BY BinaryWorld IS SPECIFICALLY SET OUT IN THE EULA WHICH ACCOMPANIES SUCH SOFTWARE. EXCEPT AS EXPRESSLY WARRANTED BY BinaryWorld IN THE EULA, BinaryWorld HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8.8 BinaryWorld MAKES NO WARRANTY THAT THE CONTENTS OF THE SERVICE ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE WHICH HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
8.9 NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, NOTHING IN THEM SHALL LIMIT BinaryWorld'S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY BinaryWorld'S NEGLIGENCE, OR (II) FRAUD.
Your registration for the Service is personal and accordingly you may not assign or transfer the benefit or burden of this Agreement or any part of it nor the benefit of your subscription, without the prior written permission of BinaryWorld.
11. Force Majeure
BinaryWorld shall be under no liability for any failure, delay or omission on its part if the same arises from any cause beyond BinaryWorld's reasonable control including (but not limited to) Acts of God, acts or regulations of government or other authorities, war, fire, strikes or other industrial disputes, power failure, failure of telecommunication lines connections or equipment or failure or defects in any hardware or software owned or supplied by third parties.
12. Service of Notice
Any notice to be given to either party by the other shall be in writing and may be delivered by electronic mail to (in the case of BinaryWorld) the person shown on the Website as designated to receive such notices on behalf of BinaryWorld and (in your case) to you at the address you supply on registration. Such notice shall be deemed given at the time of transmission of the electronic mail message, provided that the sender does not receive any indication that the message has not reached the intended recipient.
13. Applicable Law
These Terms and Conditions shall be construed in accordance with the Laws of the United States of America and the parties agree to submit to the exclusive jurisdiction of the United States of America courts.
14. Entire Agreement
BinaryWorld may vary or amend the above Terms and Conditions by posting notice of such variations and amendments on the Website at any time.