Terms of Service

Binary Vibes provides the information and services on the website lampcomputing.com to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use applicable to lampcomputing.com site. Your use of lampcomputing.com constitutes agreement with the terms and conditions of use set forth herein (the "Terms").

Before using lampcomputing.com site, please carefully read this agreement relating to your use of SourceForge Sites. By using lampcomputing.com site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use lampcomputing.com site.

Binary Vibes reserves the right, at Binary Vibes's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise. Your continued use of the lampcomputing.com sit following the posting of changes to these Terms will mean that you accept those changes.

Use of SourceForge Sites constitutes full acceptance of and agreement to the Terms; if a user does not accept SourceForge's Terms, he or she is not granted rights to use SourceForge Sites as defined herein, and should refrain from accessing SourceForge Sites.

Binary Vibes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all Binary Vibes Sites (or any part thereof). Binary Vibes shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

Each user will receive passwords and account designations upon completing certain lampcomputing.com site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Binary Vibes cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify Binary Vibes of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.

Binary Vibes handles user Registration Data in accordance with the lampcomputing.com site's Privacy Policy.

Binary Vibes reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, Binary Vibes shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. Binary Vibes, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Binary Vibes to protect the rights, property, or personal safety of lampcomputing.com site's users and the public. Binary Vibes does not control the Content posted to the lampcomputing.com site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Binary Vibes be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via lampcomputing.com site.

Each user, by using lampcomputing.com site, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Use, reproduction, modification, and other intellectual property rights to data stored on the lampcomputing.com site will be subject to licensing arrangements that may be approved by Binary Vibes as applicable to such Content.

With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers ("Binary Vibes Public Content"), the submitting user retains ownership of such Binary Vibes Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by Binary Vibes. In each such case, the submitting user grants Binary Vibes the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.

With respect to Content posted to private areas of the lampcomputing.com site Binary Vibes (e.g., private development tools or mail), the submitting user may grant to Binary Vibes or other lampcomputing.com users such rights and licenses as the submitting lampcomputing.com user deems appropriate.

Content located on any Binary Vibes hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by Binary Vibes as applicable to such Content.

Binary Vibes' termination of any user's access to lampcomputing.com site may be effected without notice and, on such termination, Binary Vibes may immediately deactivate or delete user's account and/or bar any further access to such files. Binary Vibes shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. Binary Vibes reserves the right to delete, or not delete, a user's account at Binary Vibes' sole discretion, as well as to delete, or not delete, content at Binary Vibes' sole discretion.

The lampcomputing.com site's Privacy Statement is applicable only when you are on lampcomputing.com site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.

EACH USER'S USE OF THE lampcomputing.com SITE IS AT HIS OR HER SOLE RISK. THE lampcomputing.com SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND Binary Vibes ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Binary Vibes EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, Binary Vibes MAKES NO WARRANTY THAT (i) THE lampcomputing.com SITE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF Binary Vibes' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, Binary Vibes SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Binary Vibes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE lampcomputing.com SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE lampcomputing.com SITE; OR ANY OTHER MATTER RELATING TO THE Binary Vibes SITE. IN NO EVENT SHALL Binary Vibes' TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED Rs 1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN Binary Vibes AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, Binary Vibes DOES NOT AND CANNOT CONTROL THE ACTIONS OF lampcomputing.com SITE USER, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO lampcomputing.com SITE. OPERATION OF lampcomputing.com SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY Binary Vibes.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

(2) identification of the copyrighted work that you claim has been infringed;

(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Binary Vibes to locate the material, including the full URL.

(4) your name, address, telephone number, and email address.

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If Binary Vibes receives such a claim, Binary Vibes reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.

After receiving a claim of infringement, Binary Vibes will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the acts, Binary Vibes will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Binary Vibes will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.

Upon receipt of a proper counter notification under the law, Binary Vibes will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, Binary Vibes will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless Binary Vibes' designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Binary Vibes system or network.

You may provide us with a counter notification by providing our copyright agent the following information in writing:

(1) your physical or electronic signature;

(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;

(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of District Court for the judicial district in which your address is located, or if your address is outside of India, for any judicial district in which Binary Vibes may be found and that you will accept service of process from the person who provided the initial notification of infringement.