Terms of Service
Thank you for using Hexology
These Terms of Service (“Terms”) govern your access to and use of the Hexology website, apps, APIs and widgets (“Hexology” or the “Service”). Please read these Terms carefully and contact us if you have any questions.
This Agreement applies to all visitors, users, and others who access or use the Service (“Users”) whether or not you are a registered user of our Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site(s), individual users of the Services, venues that access the Services, and users that have a page on the Services.
1. Our Service
Hexology helps you discover and access user-generated content that has been published and shared using the Hexology Service. To do that, we show you things we think will be relevant, interesting and personal to you based on your onsite and offsite activity. To provide our Service, we need to be able to identify you and your interests. Some of the things we show you are promoted by advertisers. As part of our service, we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labelled.
2. Using Hexology
a. Who can use Hexology
You may use the Services only if you agree to form a binding contract with Hexology and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. In any case, you must be at least 13 years old, to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
b. Our licence to you
Subject to these Terms and our policies (including our Community Guidelines), we grant you a non-exclusive, non-transferable and revocable licence to use our Service. Hexology reserves all rights not expressly granted herein in the Service and any Content Hexology may publish using the Service.
The Services are protected by copyright. Nothing in the Terms gives you a right to use the Hexology name or any of the Hexology logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Hexology and its licensors. Any feedback, comments, or suggestions you may provide regarding Hexology, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
e. Providing the Hexology Service
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.
3. User Content
a. Posting Content
Hexology allows you to post content, including photos, comments, links and other materials. Anything that you post or otherwise make available on ˙Hexology is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you post to Hexology and for your use of the Services, including compliance with applicable laws, rules, and regulations.
b. How Hexology and other users can use your content
By submitting, posting or displaying Content on or through the Services, you grant Hexology and our users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute your User Content on Hexology solely for the purposes of operating, developing, providing and using ˙Hexology. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Hexology the license described above. This license authorises Hexology to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Hexology to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Hexology, or other companies, organisations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. Nothing in these Terms restricts other legal rights Hexology may have to User Content, for example under other licences. 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. We do 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. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. We reserve the right to remove or modify User Content, or change the way it’s used in Hexology, for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines or any other policies.
c. Your content
You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, predatory, stalking, deceptive, fraudulent, tortious, obscene, vulgar, pornographic, invasive of another’s privacy, humiliating to other people (publicly or otherwise), libellous, threatening, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate or objectionable as determined by Hexology in its sole discretion; (vi) contains any information or content that is illegal; (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity. You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Service that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us. You may not copy or use personal identifying or business contact information about other Users without their permission. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Hexology reserves the right, but is not obligated, to reject and/or remove any User Content that Hexology believes, in our sole discretion, violates these provisions.
d. Intellectual Property
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
e. How long we keep your content for
Following termination or deactivation of your account, or if you remove any User Content from Hexology, we may keep your User Content for a reasonable period of time for backup, archive or audit purposes. Hexology and its users may retain and continue to use, store, display, reproduce, save, modify, create derivative works, perform and distribute any of your User Content that other users have stored or shared on Hexology.
f. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Hexology better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Hexology doesn’t waive any rights to use similar or related feedback previously known to Hexology, or developed by its employees, or obtained from sources other than you.
4. Your Account
You may need to create an account to use some of our Services. When you create your Hexology account, you must provide Hexology with accurate and complete information. You agree that you will not; create an account for anyone other than yourself without such person’s permission; create a username that is the name of another person with the intent to impersonate that person; or create a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.
5. Mobile Software
Using Hexology may include downloading software to your computer, phone, tablet or other device. You agree that we may automatically update that software, and these Terms will apply to any updates. The Service is not available to any Users previously removed from the Service by us.
a. Mobile Software from Apple App Store
The following applies to any Mobile Software you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Hexology, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. Apple will have no warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Hexology as provider of the software.
b. Mobile Software from Google Play Store.
The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Hexology only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Hexology, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Hexology’s Google-Sourced Software.
6. Privacy and Security
We care about the privacy and security of our users. While we work to protect the security of your content and account, Hexology cannot guarantee that unauthorised third parties will not defeat our security measures. We ask that you keep your password secure and notify us immediately of any compromise or unauthorised use of your account.
7. Ending these Terms
You may end your legal agreement with Hexology at any time by deactivating your accounts and discontinuing your use of the Services. Hexology may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or Policies or Community Guidelines, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services. Upon termination, you will continue to be bound by Sections 3, 9, 10 and 11 of these Terms. If you have any questions about how to deactivate your account please contact us.
8. Third-party links, sites and services disclaimer
Hexology may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Hexology. We don’t endorse, take any responsibility and we assume no liability for any such third-party sites, information, materials, products or services. If you access any third-party websites, services or content from Hexology, you do so at your own risk and you agree that Hexology has no liability arising from your use of or access to any third-party websites, services or content.
You agree to defend, indemnify and hold harmless Hexology and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content, or any User Content or other information that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
10. Limitations of Liability
Hexology 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, goodwill or other intangible losses, resulting from (a) your access to, use of or inability to access or use the service; (b) any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorised access, use or alteration of your transmissions or content. By using the Services you agree that Hexology, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://about.hexology.co/terms-of-service, will govern our relationship with you. We reserve the right to determine the form and means of providing you with notifications, and you agree to receive legal notices electronically if that is what we decide. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using Hexology.
These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Hexology without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
c. Entire Agreement / Severability
d. No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Hexology’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
e. Governing law and jurisdiction
These Terms shall be governed by the laws of England and Wales, without respect to its conflict of laws principles.
These Terms are an agreement between you and EoID Ltd trading as Hexology (Co. number 8555581, VAT number 175417986), a company incorporated in England and Wales with its registered office at 3rd Floor, Hanover House, 118 Queens Road, Brighton, BN1 3XG, United Kingdom. If you have any questions about these Terms, please contact us.