Last revised November 11, 2014.
These Terms of Service constitute as a binding agreement between yourself and Binpress Inc. (Hereinafter: Binpress); Though we request that you read the agreement prior to accepting it, we understand that such agreements are written in a complicated language and might be considered difficult to read. Therefore, we added this preamble to explain you with the nature of this agreement and to help you understand it.
Binpress is the legal entity running Binpress.com. It is an incorporated company in the state of Delaware.
Binpress provides you with tools to sell your digital goods, including but not limited to source-code, software, computer games, design assets, and more. You can sell on the Binpress marketplace or set up an online shop to sell to end-users directly.
Don't spam and don't harass other users, don’t spread viruses and trojans, and don’t get in trouble.
We reserve the right to change these terms in response to legal needs and to prevent abusive users from harming others.
We won't be held liable, no matter what, for any damage you may cause, and you will be solely liable for any content you distribute or post.
Our purpose is to maintain a fair and productive environment for all our users.
Please go ahead and read these terms before accepting them, as they will bind you legally.
About Yourself:you are either an individual over the age of 18 who is capable of entering into a definite agreement, acting on behalf of a company, or a minor younger than 18, whose legal guardian accepted and allowed to enter into these terms.
About Binpress: Binpress, Inc., is a Delaware Corporation, operating from 2483 Old Middlefield, ste 209, Mountain View, CA 94043.
Amending or Terminating the Service and These Terms: Binpress may amend the service or this agreement at any time, provided users are given prior notice of 14 days before such amendment comes into effect. Binpress may terminate this agreement with all users or any user, for any reason or no reason, at its full discretion and without any prior written notice.
Definitions: In this agreement, the following terms shall have the following meaning:
Content: Any intellectual property conveyed by yourself, and/or other users, to services or Binpress, including source-code & binaries, design assets, screenshots, user reviews, images, links to third party site, texts, software and/or posts.
User Account: The username and password for any user in Services.
Users and User: All legal and real persons bound by this agreement, defined by holding a user account in the service.
Services: All content and services supplied by website, including any objects, pages, and intellectual property stored on said sites, including graphics and any other software, either in source-code or binary form, downloaded from websites to your computer, but excluding the services that you provide your end-users.
Shop: shall mean the website created by yourself as a part of the services, meant to distribute your digital goods.
Website: www.binpress.com and any other domain or subdomain operated by Binpress.
General Terms and Conditions: The whole use of services, including applications within the services, shall be governed by the following terms.
Eligibility: You hereby state that you do not reside in any proscribed country or entity. If you are not declared insolvent, bankrupt or liquidated, nor are you undergoing such process to be declared as such.
Authentication: When registering for services, you shall receive an Email with your user account details. Such message contains your name and may be sent unencrypted but your password will not be included.
Activation: In order to activate your account, you are required to authenticate your email address by clicking a link or entering a verification code. You are required to add all email addresses at binpress.com as a contact to your email contact list, as Binpress shall not be liable for any failed deliveries or arrival of messages to your Spam inbox. You may reset your password at any time, and shall be notified via electronic mail on each reset.
Accurate and Secret Information: You shall provide Binpress with accurate information only about yourself and shall keep your user account information, including password and other login information in utmost secrecy and shall be liable to any damage, direct or indirect arising from the misuse of your user account. Should you find that any personal information regarding your user account has been violated or disclosed, you shall immediately and without any delay (1) notify Binpress of any unauthorized use of your password and user account; and (2) make intentional efforts to ensure that no other party misuses your user account thereafter.
Newsletter and Solicitations: You hereby grant Binpress your consent to receive, from time to time, notifications and offers relating to the Binpress' website, Binpress' partners and affiliates and Binpress Marketplace. You may opt-out of Binpress' newsletter by replying to the newsletter and requesting to be opt-out, or by clicking the unsubscribe link.
No Malicious Activity: Binpress places high value on privacy and lawful conduct and wishes to prevent unauthorized use of the Services, including distribution of malicious code or promotion of software by illegal or unethical means, where, amongst other things, the following shall automatically be considered as Malicious Activity and incur termination of your account and withholding of any funds in it:
Spam: you may not use the Services to spam, nor you may use spam to promote and distribute your Shop. Where spam, for the purpose of this agreement, shall mean all and any uninvited or unsolicited postings or communications, including repetitive web-posting, splogs, unsolicited emails, short messages or social network messages, sending of invitations through social networks or end-users' contacts and engaging in any harassing activity.
Viruses and Malware: you may not use the Services to distribute viruses and malware, nor you may use Viruses and Malware to promote your Shop. Where Viruses and Malware, for the purpose of this agreement, shall mean all and any software or code which acts without the end-users' specific consent and/or performs any activity which was not intended to be performed by the end user, including any secret key-loggers, trojans, back-doors, and including any automated installers and updaters.
Adult Content: you may not use the Services to distribute adult content to end-users, nor may you use adult content to promote your Shop, where Adult Content shall mean any pornography, obscenity, nudity, or other content which may be harmful to minors.
Tricking Children: Children are considered a sensitive group and are not eligible to enter into agreements without their parents' consent. Therefore, they cannot agree to Binpress’ terms of service and privacy policies. Therefore, you may not use the Service to distribute content for children nor you may target children to download and install software through your Shop.
Fraudulent Activity: you may not use Software for fraudulent activity nor you may use fraudulent activity to promote your shop. Where Fraudulent Activity shall mean any activity where (i) the end-user is tricked or incentivized into clicking on any advertisements; (ii) the end-user's device automatically generates clicks on advertisements or other links; (iii) the end-users are manipulated into clicking on links which do not represent their actual content; (iv) software is installed on the end-users' devices without their specific opt-in consent; (v) automated searches are generated by software.
Illegal Activity: you may not use the Services in any illegal activity nor may you use illegal activity to promote your Shop. Where Illegal Activity shall mean any activity which is prohibited in the jurisdiction where the Software is distributed in.
Infringing on third party rights: you may not use the Services in any manner which infringes third party rights, nor may you infringe any third party rights to promote your Shop. third party rights shall include, but not limited to, right for privacy, copyright, patents, trademarks, goodwilll, good name and other rights. By means of example only, you may not use any trademarked logos in your Shop.
Policy Enforcement: Binpress may use administrative tools such as moderation or banning you from activity or enforce limitations on you, should it reasonably assume that you were in violation of these Terms.
Binpress Marketplace: You may use the Website to download or purchase software and other digital goods which Users developed or to upload your own software and sell it to other users (hereinafer: “Software”). You acknowledge that the software is provided as-is and without any liability and you acknowledge that it may contain bugs, errors or other defects.
Distribution and Licensing: You hereby undertake not to distribute the Software unless the Software was licensed by a User specifically allowing distribution. You shall not to link or display via frames any webpage containing a direct download link to the Software's files. Should you upload Software to the Website, You shall choose a license specifically matching your preferences. Unless you choose a license, all rights, except for the right for other Users to use the Software, shall remain in your behalf and Users will not be able to download it; however, we strongly recommend that you choose a license allowing other users distribution and amendment of the Software in Source form.
Posting Software: You may post an offer to download Software and allow Users to purchase Software, either by internal website Credit, against monetary compensation or free of charge, using the Website's marketplace. Binpress may retain unlimited or limited number of revisions to the Software and may determine, at its sole discretion, the storage space available to you. You may also post screenshots of the Software and a link to where Software may be used as a demonstration.
Purchasing Software: You may purchase the Software via the Website, and under the Licenses and conditions set by the User who posted it. When purchasing Software, Binpress may disclose some personal information, including Your User Account, in order to contact you. You may purchase Software even if you have not registered to the Website, but by doing so, you agree that some information may be disclosed to the User you purchased the software from. Binpress shall exercise best efforts to limit the information and use made by Users who sell software, but shall not be liable to any illegal use made by any third party, such as spamming, sending malicious links or any other malicious activity.
Delivery: The Software shall be made available through the Website. Binpress may remove, amend or revoke any Software hosted on Website and shall never be liable to any damage arising from it.
Contacting Users: You may chose to update or inform users upon changes in Software by uploading Software with a changelog and choosing to inform Users. You hereby undertake not to use this option for unsolicited mass messages or promotional activities but solely in order to update Users on bugs, errors and fixes.
Binpress Shops: you may use services to allow your end-users to purchase licenses for software you developed or are licensed to distribute (hereinafter: “your Software”), where when doing so you may design your Shop, add third party services, provide users with other information and receive usage information from Binpress.
Storage: Binpress may retain unlimited or limited number of revisions of your Software and may determine, at its sole discretion, the storage space available to you.
Third Party Code: Binpress may allow you to add third party code, such as Google Analytics, that add additional functionality. Some of these third parties may be integrated automatically by Binpress, but Binpress does not warrant for their operation.
Design: Binpress may allow you to design your Shop according to set rules, and/or may allow you to purchase templates for certain shops.
Software: Binpress may allow you to distribute your Software, and to host your Software’s installables.
You may post an offer to download your Software and allow your end-users to purchase your Software, either by internal website Credit, against monetary compensation or free of charge.
Should you upload your Software to a Shop, you may choose a license specifically matching your preferences. Unless you choose a license, you cannot distribute your Software.
You shall not to link or display via frames any webpage containing a direct download link to your Software's file, nor will you bundle your Software with malicious files.
Contacting Users: Binpress may allow you to contact or inform your end-users upon changes in your Software by uploading Software with a changelog and choosing to inform your end-users. You hereby undertake not to use this option for unsolicited mass ;messages or promotional activities but solely in order to update Users on bugs, errors and fixes.
Payment Services: Binpress shall set up your payment account according to information you may provide it, either through PayPal or any other acceptable mean. You acknowledge that upon such set-up, Binpress may receive a portion of your revenues, as Binpress’ fees for its services.
Binpress shall exercise best efforts to limit the information and use made by Users who sell software, but shall not be liable to any illegal use made by any third party, such as spamming, sending malicious links or any other malicious activity.
Fees & Payment: For its services, Binpress may charge you fees as it details from time to time in its payment schedule page in its website. Binpress may charge you a monthly recurring fee.
For The Binpress Marketplace:
Payment: Once a month, Binpress shall update its report inside your account page with the amounts due to you, which are the actual gross proceeds from the sale of Software you posted on Marketplace, minus any chargebacks, refunds, cancellations, commissions paid to clearing services, transaction fees and a fee set by Binpress as distribution fee, which may be updated from time to time and is available on http://www.binpress.com/page/commission ; fees may be amended for specific users and may be dependent on Your reputation, Your activity, Your volume and Your user-feedback. (hereinafter: Your Fee)
Date of Payment: Payment shall be made every last day of each month for all sales settled 14 days prior the payment date.
Other Deductions: Binpress may set off or deduct any fee you owe Binpress or any other User in regards to your activity, including refunds or fees paid by Binpress to Users in relation to defunct software or Binpress' damages.
Minimal Payment: In the event that your fee shall not exceed, during a calendar month, a sum of 50 US$, it shall be accumulated to the following month's fees, and paid when reached a level of at least 50$.
Payment: Binpress shall update its report inside your account page with the amounts paid to you, which are the actual gross proceeds from the sale of your Software, minus any chargebacks, refunds, cancellations, commissions paid to clearing services, transaction fees and a fee set by Binpress as distribution fee, which may be updated from time to time; fees may be amended for specific users. Binpress may deduct fees at source, and may charge you monthly fees, all according to your service plan.
Chargebacks: If, by any reason, a chargeback or cancellation of any transaction shall occur, then you shall be directly charged for such costs by the third party who provided such service to you, and/or to Binpress.
Date of Payment: Payment shall be made every last day of each month for all services provided prior the payment date.
Other Deductions: Binpress may set off or deduct any fee you owe Binpress or any other User in regards to your activity, including refunds or fees paid by Binpress to end-sers in relation to defunct software or Binpress' damages.
Means of Payment:you shall pay Binpress by credit card or paypal.
Refund Policy: All payments made according to this agreement are final. By no cause shall Binpress reimburse or refund any payments, as software is intangible goods, and Israeli law exempts intangible goods from being refunded. Should Your user account be hacked, you will not be refunded for any losses, even if the loss of control results in the deletion of your user account. Should you, by any mean or way, revoke or cancel any of Your payments to Binpress or User, Binpress shall be allowed to supply the 3rd party clearing or payment service any information about such transaction; including, but not only, Your email address, Your IP address and activity pursuant to such denied transaction. Notwithstanding, Binpress may, according to its sole discretion, refund you in cases where Content was not delivered, was dysfunctional or otherwise unusable.
Dispute Resolution: In case you purchased software and wish to dispute it, report it as offensive or inadequate, you may do so by sending Binpress a message to firstname.lastname@example.org; Binpress shall verify the dispute and may determine, at its sole discretion, what remedy you shall be entitled to.
User-Generated Content: By contributing Content to the service, you agree to adhere to Binpress' User Conduct Policy and refrain from posting any offensive content.
Copyright: By contributing Content to Services,you hereby grant Binpress an irrevocable, perpetual, non-limited license to use, display, distribute convey and publish your Content to Users and other third parties. You, moreover, grant Binpress a perpetual license to publish and disclose such Content to third parties in order to provide Binpress' Services.
No Liability:you shall be solely liable for your Software and any Content in your Shop. You shall specifically disclaim Binpress and hold it harmless from liability to any damage, either to end-users’ computer, files, system or any other intangible or tangible goods, any malfunction or any other damage caused by Content, including malicious activity and/or fraudulent activity. Binpress shall never be liable to any defect, damage or fault in Content or to any damage arising from the use of any part of the Service, Software or Content
Offensive Material:you may no to post any Content which may contain or be deemed as (i) profanity, obscenities, sexual context or content, pornographic display or conduct, or initiate sexually-oriented proposals to minors; (ii) requests with sexual orientation, including promotion of dating services and escort services; (iii) slander or defame any person without his prior written consent, or offend, threaten, insult, harass or disturb any person without their prior written consent; (iv) promote illegal activity, including conspiring and/or ganging against other users; (v) initiate any activity involving games of luck, gambling or promotional competitions involving prizes not affiliated with Binpress; (vi) publish Copyright, Trademark and Patent infringing materials; (vii) publish personally identifiable information, either of yourself or of other users; (viii) initiate political, social, racial, religious or any other intolerant speech; (ix) involve pyramid schemes and/or chain mail; (x) provide links for any commercial and/or promotional business of third parties; (xi) use obscene usernames; (xii) request any person’s personal User Account information; (xiii) initiate scams; (xiv) post repetitive messages; (xv) inject or post any malicious computer code or binary or any Trojan horse, cross site script or malware to Services; (xvi) any false description or appropriation as toyour affiliation as Binpress staff or representative; (xvii) any unlawful material or material requiring governmental authorization for transacting information; (xviii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted or requested; (xix) publish or transmit any Content that you do not have a right to publish or transmit under any law or under contractual or fiduciary relationships (including but not limited to inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xx) interfere with or disrupt the Services or servers or networks connected to Services, or disobey any requirements, procedures, policies, or regulations of networks connected to Services, intentionally or unintentionally.
Reporting Offensive or Infringing Content:you may flag any Content as offensive or infringing on any of your rights and allow Binpress' moderators to review said contribution by pressing "Report Infringement". You acknowledge that such report shall not impose liability on any contribution not removed and will not impose any other obligation on Binpress.
Moderation and Removal: Binpress may, at its sole discretion, remove any Content, delay the publication of any Content or amend any Content. You shall have no claim as to Binpress' intervention in Content and shall hold Binpress harmless to any Content moderated, removed, or amended.
Moderation Process: When receiving a complaint, Binpress shall send the User whose Content you reported as offensive a message claiming that you reported such Content as offensive, without mentioning your personal details, but with your complaint. Binpress shall wait for up to 5 business days, and had such User not responded, it shall remove the Content. If such User responded, Binpress shall remove the Content in dispute in cases where the User failed to show that his Content is not offensive or infringing. Binpress shall have sole discretion in removing or moderating Content. Should the User request to leave content intact, Binpress shall supply you with the contact details of said user, so thatyou may pursue litigation against said user. By sending Binpress a notice according to this clause, you waive any claim against Binpress for any infringement of your rights by any user.
Emergency & DMCA Takedown Notices: Should you encounter any Content which you consider infringing on any of your rights,you may contact Binpress immediately via email@example.com at any time and request that such content be removed. Such request should be followed with the following documents: (1) a sworn affidavit, certified by an attorney, where you state you are the person who holds the rights to Content; (2) a warranty that you will indemnify User and Binpress for every false representation made in the affidavit; (3) sufficient evidence that Content infringes on any of your rights and that the User who posted the Content does not have any good defense.
Advertisements: Binpress may, at its own discretion and for its causes, include within Services any links for third party websites, advertisements or links for applications (“third Party Content”). Binpress does not warrant for third party Content or availability thereof nor does it endorse it. Binpress shall not be held, or claimed to be held, liable for any third Party Content, its legality or illegality, its adequacy with regulations and its quality. Moreover, you agree not to circumvent any third Party Content by any ad blocking software or any other mean.
Liability: For no case and for no reason shall Binpress be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any User or any 3 rd party due to its lack of performance of duties herein. Binpress supplies Services on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: property, reputation and business reputation, User Account information including login information, loss of profit, loss of good name, all resulting from the use of, or inability to use Services or services rendered by Binpress.
Limited Support: Binpress provides limited support, which you may address at firstname.lastname@example.org, and shall receive an answer within 3 business days.
No Warranty: Binpress does not warrant its Services and supplies it on an “as-is” and “as-available” basis. Your use of Services is at your own risk and under your liability. Binpress makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the Use of Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Services will meet your expectations, or (v) any errors in the software will be corrected. Any software element or digital file downloaded or otherwise obtained through the use of Services is done at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data or damage to computer machinery results from the download of any such material. No advice or information, whether oral or written, obtained by you from Binpress and/or through or from Services shall create any warranty not expressly stated in this Agreement.
Indemnification:you agree to hold Binpress harmless and to indemnify Binpress for any lawsuit brought against it by yourself, your successors or any other party on your behalf in contradiction to this Agreement or for any damage to any third` party caused by your conduct. You also agree to indemnify Binpress for any damage, whether direct or consequential arising from any breach of this agreement, including injection of malicious code, misrepresentation of copyright, trademarks or patents or any other breach of this agreement against any other Users.
No Supervision: you acknowledge that any supervision of User conduct by Binpress does not create liability whatsoever and is for statistical purposes and in order to monitor User behavior in general. Binpress shall not be held liable even if it is aware of User conduct in breach of this agreement.
Copyright: The Services and Software are owned by Binpress and are protected by copyrights, trademarks, and other intellectual property rights. You may not copy or download any content from Services unless you have express authorization Binpress to do so. You shall not copy, transmit, modify, distribute, show in public, modify or create any derivative works from the Services or Content, unless Binpress expressly authorizes you in writing to do so. Making unauthorized copies of any portion of Services, Software or Content may lead to the termination of your User Account and may subject you to further legal action.
Termination: Binpress may, at its sole discretion, terminate this Agreement, Services, Software or any other service rendered by it due to any reason, including any fault or malfunction, for any User, including you, or with no reason at all or for any reason, including, without limitation, for lack of use or if Binpress believes that you have violated or acted inconsistently with the understandings or spirit of this Agreement or for any reason decided by Binpress as a cause for termination. Binpress may also, in its sole discretion and at any time discontinue providing Services, or any part thereof, with or without notice. You agree that any termination of your access to Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Binpress may immediately deactivate or delete your User Account and all related information and files in your account and/or bar any further access to such files or the service. Furthermore,you agree that Binpress shall not be liable to you or any third-party for any termination of your access to Services.
Entire Agreement, Waiver: This Agreement constitutes the entire understandings between parties and will only be amended in writing. No waiver on behalf of Binpress to perform any of its rights under this agreement shall constitute amendments of it.
Governing Law: This Agreement shall be governed by the laws of the State of Delaware, including its regulation regarding conflict of laws.
No Class Action: You hereby agree and acknowledge that you may only bring claims against Binpress on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
Jurisdiction: Any conflict arising from this Agreement shall be brought solely to the competent courts of the state of Delaware, United States.