Terms of Service

By accessing or using the hex.pm or hexdocs.pm websites, HTTP API, repository or associated services (collectively, the “Services”) of hex.pm (“Hex”) you are agreeing to be bound by this Terms of Service (“Terms”). Any information, text, graphics or other material on Services (collectively, the “Content”) is also covered by the Terms.

1. Basic Terms

You are responsible for your use of the Services and any Content you post to the Services. Content you post to the Services can be viewed by anyone using the Services or using third party services. All Content you post to the Services is subject to these terms.

You may use these Services only if you can form a binding contract with Hex. If you use the Services on behalf of another company, organization or other entity you must be authorized to do so.

You may not use the Services for any illegal or unauthorized purpose. You must not in the use of the Services violate any laws in your jurisdiction, including but not limited to copyright or trademark laws.

You are responsible for maintaining the security of your account and password. Hex cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

2. Privacy

Any information that you or other users provide is subject to our Privacy Policy, which governs our collection and use of your information. As part of providing the Services we may send you information, these communications are considered part of the Services and are subject to these Terms.

3. API Terms

User may access Content via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Hex, is bound by these Terms.

Abuse or excessively frequent access to Hex through the API may result in temporary or permanent suspension of access to the API. Hex, will determine abuse or excessive usage of the API.

Hex reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

4. Copyright and Content Ownership

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Hex may not monitor or control the Content posted via the Services and, Hex cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

Hex does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Hex be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Any Content you submit or post to the Services may be stored by Hex and will be subject to these terms indefinitely or until Hex, at its sole discretion, terminates the Content.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party services. You understand that your Content may be syndicated, broadcast, distributed, or published by third party services and if you do not have the right to submit Content for such use, it may subject you to liability. Hex will not be responsible or liable for any use of your Content by Hex in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

5. Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames or package names without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of Hex, its users and the public.

You may not do any of the following while accessing or using the Services: access, tamper with, or use non-public areas of the Services, Hex’s computer systems, or the technical delivery systems of Hex’s providers; breach or circumvent any security or authentication measures; access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Hex (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Hex (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Hex is expressly prohibited); or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Any Content that you submit, port or display on or through the Services is subject to our Code of Conduct, which governs your behavior and Content on the services.

6. Copyright Policy

Hex respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your contact information; a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Hex will also terminate a user’s account if the user is determined to be a repeat infringer. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: copyright@hex.pm.

7. Ending These Terms

The Terms will continue to apply indefinitely or until terminated by Hex. If you stop using the Services the Terms will continue to apply to any information you have submitted or posted to the Services. Nothing in this section shall affect Hex’s rights to change, limit or stop the provision of the Services without prior notice.

8. Disclaimers and Limitations of Liability

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, HEX DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Hex make no warranty or representation and disclaim all responsibility and liability for: the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Hex or through the Services, will create any warranty or representation not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that Hex are not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Hex of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; ANY CONTENT OBTAINED FROM THE SERVICES; OR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

The failure of Hex to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

9. Changes

If Hex makes changes to these Terms we will post a notice on the hex.pm website and notify you by email. New features, tools or resources added to the Services will be subject to the Terms. By continuing to use the Services you are agreeing to the Terms as it is subject to the changes.

The detailed history of changes to these Terms can be found in the git repository history for this document.