Welcome to forBinary.com (the “Site”), operated by forBinary Technologies Pvt. Ltd., (collectively, “forBinary,” “we,” “us,” “our”). By accessing, viewing, downloading, or otherwise using the Site or any webpage or service available via the Site, or using our forBinary made apps, you, the user of the Site, acknowledge and agree to be bound by the following Terms of Use (the “Terms of Use”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site or apps after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, DO NOT CONCLUDE THIS AGREEMENT, AND DO NOT USE OR ACCESS (or continue to use or access) the SITE, VIEW, DOWNLOAD, OR OTHERWISE USE ANY forBinary WEBPAGE, INFORMATION OR SERVICES THEREIN. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Intellectual Property Notices
Site Content
All content on the Site, including the logo, articles, materials, documents, other text and graphics (collectively, the “Site Contents”) is the intellectual property of forBinary. The Site Contents may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of forBinary. You may view, print, copy, and download portions of the Site Contents solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. ForBinary reserves the right to revoke this authorization at any time.
You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any portion of the Site except and only to the extent that such activity is expressly permitted by forBinary.
Service Eligibility
You represent and warrant that you: (a) are not under the age of 18; (b) have not previously been suspended or removed from forBinary; (c) are not a direct competitor of forBinary; (d) have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; and (e) that you understand that the use of the Site is at your own risk.
General Terms of Use
As part of your use of the Site, you may be required to submit certain content (including any name, contact information, business information, and other personal information). By submitting any information to us, you represent and warrant that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third party rights.
ForBinary exercises no control over any content you or others submit while using the Site. While we reserve the right to, we are not obligated or responsible for monitoring, editing, screening, or removing any content you or others submit while using the Site. ForBinary has no obligation to verify the identity of any users when they are connected to forBinary or to supervise the content, which has been provided by users. We may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform forBinary by contacting us at [email protected] .
We value hearing from you, and are always interested in learning about ways we can improve the Site. If you choose to submit comments, ideas or feedback, you agree that we may use them without restriction and without any compensation, attribution or accounting to you.
Prohibited Conduct
You expressly agree to refrain from doing, either personally or through an agent, any of the following:
- Use any device, a robot, spider, script, automated process, or manual process or other means to harvest information about other users, or any content from the Site.
- Transmit, install, upload or otherwise transfer any virus, malware, or other item or process to the Site that in any way affect the use, enjoyment or service of the Site.
- Transmit, install, upload or otherwise transfer any virus, malware, or other item to the Site that in any way affect the use, enjoyment or service of any user’s or forBinary employee’s computer or other medium used to access the Site.
- Transmit, install, upload or otherwise transfer any material to the Site that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive. ForBinary reserves the sole discretion to determine the nature of the material.
- Transmit, install, upload or otherwise transfer to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
- Modify the information, including headers, found on the Site.
- Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication, including but not limited to spam, and phishing emails.
- Engage in any action that imposes an unreasonable or disproportionately large load on the Site, or that forBinary determines is detrimental to the use and enjoyment of the Site.
- Use the Site for any unlawful or defamatory means
Updates
forBinary may, at its sole discretion, enhance, alter or modify the forBinary Service at any point of time as it desires. ForBinary shall distribute updates via the Site and may or may not notify the User of such updates. Updates to the product are also considered part of forBinary or Service.
In some cases, forBinary shall require the user to upgrade to a newer version of forBinary to continue using the service for security or other reasons.
ForBinary reserves the right to update or modify this AGREEMENT at its sole discretion. Updates to the agreement shall be made available via the forBinary Site (forBinary.com/terms) and Users with valid email addresses registered with the Service may be intimated of the changes via email. By continuing to use the product post updates posted on the forBinary site, the user is bound by the new agreement. If the agreement is not acceptable to the user, the user shall have to stop using the Service. It is the responsibility of the user to check the site periodically for updates to the agreement.
Support
forBinary strives to provide adequate and efficient technical support, upgrades and updates for the Services. ForBinary shall not, however, be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit the support, upgrades and updates provided from time to time.
Assignability
forBinary reserves the right, at its own discretion, to freely assign and transfer the rights and duties under these Terms to any third party.
No Warranty
Except as expressly provided herein, we do not make any warranty of any kind, whether express, implied, statutory or otherwise, and we specifically disclaim all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law. Content and beta services are provided "as is", exclusive of any warranty whatsoever. Each party disclaims all liability and indemnification obligations for any harm or damages caused by any third-party hosting providers.
Our Responsibilities
Provision of Purchased Services.
We will (a) make the Services and content available to You pursuant to this Agreement, (b) provide applicable support for the Services to You at no additional charge, (c) use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except for: (i) planned downtime, and (ii) any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Our employees), Internet service provider failure or delay, or denial of service attack.
Protection of Your data.
We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Your Data by Our personnel except (a) to provide the purchased Services and prevent or address service or technical problems, (b) as compelled by law, or (c) as You expressly permit in writing.
Personal Integrity
Our top-priority will always be the relationship with our users. We are therefore firmly committed to the security and integrity of personal data of our Users of the Services.
For the purpose of the ForBinary Services, any data shared with ForBinary will only be used internally to help us provide you better product service, offerings and functionalities.
The ForBinary Privacy Policy further describes what information You may share with ForBinary and how ForBinary may use such information.
Consent to Use of Data
You agree that ForBinary, in accordance with the ForBinary Privacy Policy, may collect and use technical data such as android ID, device ID, and related information, including but not limited to technical information about Your mobile device, system and application software, that is gathered regularly to facilitate the provision of application updates, product support, ringtone advertisements, payments and other services to You related to the ForBinary App.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT FORBINARY SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, even if advised of the possibility of such damages. In particular, and without limitation, ForBinary shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Nothing in this section Limitation of Liability shall, however, limit or exclude the Responsible Publisher’s liability under the Indian Fundamental Law on Freedom of Expression.
ForBinary will also not be liable in case if a User fails to redeem their points or any other rewards issued by the Company; or pertaining to any changes in the policy of ForBinary.
Term and termination
Term of Agreement
This Agreement commences on the date You first accept it and continues until all subscriptions hereunder have expired or have been terminated.
Term of Free/Trial Subscriptions
If You register with us for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which You registered to use the applicable Service(s), or (b) the start date of any purchased Service subscriptions ordered by You for such Service(s), or (c) termination by Us in our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
ANY DATA YOU ENTER INTO THE SERVICES DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST AFTER 3 MONTHS OF FREE TRIAL PERIOD EXPIRY UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL OR PURCHASE APPLICABLE UPGRADED SERVICES, BEFORE THE END OF THE TRIAL PERIOD.
Term of Purchased Subscriptions
The term of each subscription shall be as per the subscription plan selected by you. Except as otherwise specified, subscriptions will automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless You give Us notice of non-renewal at least 30 days before the end of the relevant subscription term.
Termination
This Agreement shall stand terminated at the end of the subscription period unless the Services are renewed. We may terminate Our services or access to our website at any time without notice (i) if You materially breach any provisions of this Agreement (ii) if You cease to do business, or otherwise terminate your business operations without a successor; or (iii) if You are subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, or (iv) if We are required to do so by Law. If You wish to terminate this Agreement, You may simply stop using Our services or stop accessing Our website.
Refund or Payment upon Termination
Fees once paid under this Agreement shall not be refundable to You under any circumstances. You will not be entitled to any payment upon termination of this Agreement either by You or by Us.
Surviving Provisions
The sections titled "Fees and Payment", "Proprietary Rights and Licenses", "Confidentiality", "Disclaimers", "Mutual Indemnification", "Limitation of Liability", "Refund or Payment upon Termination", "Customer Data Portability and Deletion", "Removal of content and Non-SFDC Applications", "Surviving Provisions" and "General Provisions" will survive any termination or expiration of
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FORBINARY AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF YOUR USE OF THE SITE, OR YOUR USE OF OR CONNECTION TO FORBINARY (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.
Entire Agreement
These Terms of Use contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.
