Terms of Use

This document sets forth BinaryMark Website Terms of Use.


ACCEPTANCE OF TERMS

BinaryMark provides this website, http://www.BinaryMark.com (the "Website"), including all information, files, documents, text, graphics, software, and products available through the website (collectively, the "Content") and all services operated by BinaryMark (collectively, the "Services"), available for your use subject to the terms and conditions set forth in the Terms of Use (collectively, the "TOU"). BinaryMark reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be accessed by clicking on the "Terms of Use" hyperlink located at the bottom of all our web pages.

By accessing or using this Website in any way, including, without limitation, use of any of the Services, downloading of any Content, or merely browsing the Website, you agree to and are bound by the TOU.


GENERAL

The TOU and the other rules, guidelines, licenses and disclaimers posted on this Website constitute the entire agreement between BinaryMark and you with respect to your use of this Website. If for any reason you do not agree with the TOU and/or other related documents, you must quit using this Website immediately. The section titles used in the TOU are purely for convenience and carry with them no legal or contractual effect, and come in no particular order.


PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Policy Statement disclosures relating to the collection and use of your information.


TYPES OF USERS, MEMBER ACCOUNTS, PASSWORDS, AND SECURITY

Please be aware that certain activities on this Website, such as requesting technical support, are available only to individuals who either have purchased at least one BinaryMark product, have paid for their technical support service subscription, or subscribed to other BinaryMark services.

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BinaryMark immediately of any unauthorized use of your account or any other breach of security of which you know. BinaryMark shall not be held liable for any loss that you may incur as a result of someone else's use of your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BinaryMark or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder and BinaryMark.


USER CONDUCT

By using this Website, including all the Services and the Content available through it, you agree:

  • not to disrupt or interfere with any other user's use of this Website or affiliated or linked websites;
  • not to upload, post, or otherwise transmit through this Website any viruses or other harmful, disruptive, or destructive files;
  • not to disrupt or interfere with the security of, or otherwise cause harm to, this Website, or any of the Services, Content, system resources, accounts, passwords, servers, or networks connected to or accessible through this Website or any affiliated or linked websites.


PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise stated, the Services and the Content are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sublicense, create derivative works from, transfer, or sell any of the Services or the Content.


CONTENT-SPECIFIC COPYRIGHTS

  • Unless otherwise stated in the License Agreement accompanying either the Service or the Content, including, but not limited to the software, templates, graphics, texts, you may not reproduce, make copies of, transfer, frame, or modify such Service or such Content.
  • In the event that if either the Content or the Service does not have an accompanying License Agreement, the rules regarding the copyright and the use of this Content or Service set forth in this document will apply.


OTHER COPYRIGHT INFORMATION

  • Unless otherwise stated on this Website, all the Content and the Services, located on this Website are the property of BinaryMark. It is copyrighted by BinaryMark, and therefore may not be reproduced, copied, transferred or framed, unless a written permission is obtained from BinaryMark.


INTELLECTUAL PROPERTY & LIMITED LICENSE TO USERS

The Content and the Services on this Website are protected by copyright, trademark, and/or other intellectual property laws, and any unauthorized use of the Content or the Services at this Website may violate such laws and the TOU. Except as expressly provided herein, BinaryMark does not grant any express or implied rights to use the Content and the Services for other than dedicated purposes. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on this Website, its Content, or its Services or any combination of them, except as expressly authorized herein. In addition, you may not use any data mining, robots, or similar data gathering and extraction methods in connection with this Website.


Use of the Services. When using the Services on this Website that are offered by BinaryMark, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the TOU. Such guidelines, rules, or licenses may contain terms and conditions in addition to those set herein.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the TOU or the specific guidelines, conditions, notices, or rules that accompany the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair any BinaryMark or Arvixe server, or the network(s) connected to any BinaryMark or Arvixe server, or interfere with any other party's use and enjoyment of any of the Services. You may not attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to any BinaryMark or Arvixe server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Content or other information through any means not intentionally made available through the Services.

In addition to the Content and the Services offered by BinaryMark, this Website also makes available materials, information, and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services are governed by separate license agreements that accompany such services. BinaryMark offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Content and Services offered by BinaryMark. You agree that you will not hold BinaryMark responsible or liable with respect to the Third Party Services or seek to do so.


Use of the Software. The software and accompanying documentation that is made available to download from this Website is the copyrighted work of BinaryMark and/or its suppliers. Use of the software is governed by the terms of the End User License Agreement (the "EULA") that accompanies or is included with such software. You will not be able to install any software that is accompanied by or includes EULA unless you agree to the terms of it. If you do not agree to such terms, you will not be able to use the software.


Use of the Content. Except as indicated to the contrary elsewhere on this Website, you may view, download, and print the Content available on this Website subject to the following conditions:

  1. The Content may be used solely for personal, informational, and internal purposes.
  2. The Content may not be modified or altered in any way.
  3. The Content may not be distributed, sold, rented, leased, licensed, or sublicensed to others.
  4. You may not remove any copyright or other proprietary notices contained in the Content.
  5. BinaryMark reserves the right to revoke the authorization to view, download, and print the Content available on this Website at any time, and any such use shall be discontinued immediately upon notice from BinaryMark.
  6. The rights granted to you constitute a license and not a transfer of title.


PROHIBITED COMMUNICATIONS

You may submit only such content to this Website that is either (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) is taken from the public domain. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Website.


MANAGING CONTENT AND COMMUNICATIONS

Although it is not our intention to do so, BinaryMark reserves the right, in its sole discretion, to delete, move, or modify User Content on this Website and to restrict, suspend, or terminate your access to all or part of this Website, at any time if we have cause to do so without prior notice or liability.

BinaryMark may, but is not obligated to, monitor or review (a) any areas on this Website where users transmit or post User Content, including but not limited to areas where Services are available, bulletin boards, or other user forums; and (b) the substance of any User Content.

To the maximum extent permitted by law, BinaryMark will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. BinaryMark also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.


INTERNATIONAL USERS

This Website can be accessed from countries around the world and may contain references to BinaryMark products and services that are not available in your country. These references do not imply that BinaryMark intends to announce such products and services in your country.

This Website is administered by Arvixe from its offices within the United States, while controlled, and operated by BinaryMark. BinaryMark makes no representation that this Website, the Services, or the Content available through it, are appropriate or available for use at other locations outside the United States, and access to the Website from territories where the Website or any of its Services or Content are illegal is prohibited. If you access this Website from a location outside the United States, you are responsible for compliance with all local laws.


LOGOS AND TRADEMARK INFORMATION

The trademarks and logos (collectively, the "Marks") displayed on this Website are the property of BinaryMark or other third parties. You are not permitted to use the Marks without the prior written consent of BinaryMark or such third party that may own the Marks.

The BinaryMark logo is owned and copyrighted by BinaryMark Company.


NOTIFICATION OF COPYRIGHT INFRINGEMENT

BinaryMark will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website, please provide BinaryMark's Copyright Agent a Notice containing the following elements:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  2. a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
  3. a description of where the material that you claim is infringing is located on the BinaryMark Website;
  4. information sufficient to permit BinaryMark to contact you, such as your physical address, telephone number, and e-mail address;
  5. a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

BinaryMark's Copyright Agent for notice of claims of copyright infringement can be reached via this form.

THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS WEBSITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO.

IN THE EVENT THAT THE DESCRIBED COPYRIGHTED WORKS AVAILABLE ON THIS WEBSITE WILL BE FOUND TO BE INFRINGED, BINARYMARK GRANTS TO REMOVE ALL SUCH WORKS FROM THE WEBSITE WITHIN FIVE (5) DAYS.


WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND BINARYMARK OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS WEBSITE, AND ALL THE CONTENT AND THE SERVICES ACCESSIBLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BINARYMARK MAKES NO WARRANTY THAT (a) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT PURCHASED OR ACCESSED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THIS WEBSITE, OR ANY DEFECTS IN THIS WEBSITE, ITS SERVICES OR CONTENT, WILL BE CORRECTED.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. BINARYMARK MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR THE SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND BINARYMARK MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (a) BINARYMARK DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THIS WEBSITE; (b) BINARYMARK MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (c) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (d) BINARYMARK SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. BINARYMARK ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THIS WEBSITE OR IN CONNECTION WITH ANY SERVICES OR CONTENT OFFERED THROUGH THIS WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BINARYMARK, ITS SUPPLIERS, AND DISTRIBUTORS, OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY, OR IN ANY WAY CHANGE THE SCOPE OF THIS WARRANTY.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO TEN (10) DAYS.


LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BINARYMARK, ITS SUPPLIERS, DISTRIBUTORS, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BINARYMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS WEBSITE, ITS SERVICES, OR CONTENT.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.


INDEMNITY AND LIABILITY

You agree to indemnify and hold BinaryMark, its suppliers, distributors, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through this Website (including, without limitation, computer viruses), your use of this Website, your connection to this Website, your violation of the TOU, or your violation of any rights of another person or entity.

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