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.
1. Interpretation
=============================================
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
7.6.2.1 does not infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy;
7.6.2.2 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);
7.6.2.3 is not defamatory or unlawfully threatening and does not constitute
trade libel;
7.6.2.4 is not pornographic or obscene;
7.6.2.5 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.
7.6.6 Privacy issues are very important to us. However given the nature of the
Discussion Forum, the Service and current regulatory and technical environment,
you agree that you do not have an expectation of privacy in any content posted
or distributed by you through the Discussion Forum. You agree to the terms of
BinaryWorld's privacy policy as amended from time to time and posted on our
Website, which is hereby incorporated by reference.
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.
9. Privacy Policy
=============================================
The BinaryWorld privacy policy forms part of and is incorporated into these
Terms and Conditions.
10. Assignment
=============================================
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
=============================================
These Terms and Conditions along with the Privacy Policy, save for any written
agreement to the contrary, shall form the entire arrangement between parties and
supersede all prior Terms and Conditions, arrangements or understandings about
its subject matter.
15. Variations
=============================================
BinaryWorld may vary or amend the above Terms and Conditions by posting notice
of such variations and amendments on the Website at any time.