# Open-VSX Registry Website Terms of Use

February 11, 2021

This website and the services provided by this website (collectively, “Website”) and its Content (as defined hereunder) are a service provided by the Eclipse Foundation AISBL (“Eclipse Foundation”). As used herein, the terms “you” and “your” means the individual accessing this Website, as well as any person or entity which has granted to such individual the authority to enter into this agreement on its behalf. By accessing, browsing, or using this Website including downloading Content from this Website, you acknowledge that you have read, understand, and agree to be bound by these terms. 

All software, documentation, information and/or other materials provided on and through this Website ("Content") may be used solely under the following terms and conditions ("Terms of Use"). 

This Website makes available Content from entities other than the Eclipse Foundation (“Third Party Publishers"), under terms and licenses (including proprietary licenses) provided by such Third Party Publishers. It is your responsibility when accessing and using any Content to comply with terms and licenses associated with that Content. To the extent Third Party Publishers collect personal data related to the download or use of the Content, they (i) will provide you with information on such data processing activities and (ii) will be responsible for compliance with all applicable data protection and privacy laws. The Eclipse Foundation assumes no responsibility with respect to the collection, or protection, of your personally identifiable information by Third Party Publishers.     

The Eclipse Foundation may remove, update, or modify Content from this Website at any time without notice. 

Neither the Eclipse Foundation nor its agents, affiliates, and members (collectively, "Members") assume any responsibility regarding the Content nor the availability of such Content. The access and use of any Content is solely at your own risk. Neither the Eclipse Foundation nor its Members provide any assurances that any reported problems with any Content will be resolved. The Eclipse Foundation has no obligation to address any errors associated with the Content.  By making the Content available for access by you on this Website, neither the Eclipse Foundation nor the Members grant any licenses to any copyrights, patents or any other intellectual property rights in the Content or any other materials. 

All logos and trademarks contained on this Website are and remain the property of their respective owners. Unless otherwise provided by a Third Party Publisher, no licenses or other rights in or to such logos and/or trademarks are granted to you.

If you wish to provide any feedback regarding this Website or its Content, please send an email to license@eclipse.org. If you believe that Content residing or accessible on or through this Website infringes a copyright, please send a notice of copyright infringement to our designated agent pursuant to the procedures set forth here: https://www.eclipse.org/legal/copyright.php.  

## For Third Party Publishers 

If you wish to submit Content to appear and be available for access on this Website, you must do so pursuant to the terms and conditions of the [Open VSX Publisher Agreement](https://www.eclipse.org/legal/documents/eclipse-openvsx-publisher-agreement.pdf). You must accept the terms and conditions of that license before submitting any Content to this Website. Without limitation of anything in the Open VSX Publisher Agreement, you acknowledge that you are prohibited from posting, transmitting, or storing to or from this Website or to any service offered by the Eclipse Foundation any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

The Eclipse Foundation and the Members do not want to receive confidential information from you through this Website. Please note that any information or material sent to The Eclipse Foundation or the Members will be deemed NOT to be confidential and will be publicly available. 

## Disclaimers 

ALL CONTENT ON THIS WEBSITE IS MADE AVAILABLE ON AN "AS IS" BASIS ONLY. TO THE EXTENT PERMITTED BY LAW, THE ECLIPSE FOUNDATION AND ITS MEMBERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONTENT, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. THE ECLIPSE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SECURITY OF ANY INFORMATION OR MATERIAL USED, STORED OR PROCESSED BY ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.  THE CONTENT ON THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. 

The Eclipse Foundation and the Members make no representations whatsoever about any Content that may be accessed through this Website. The Eclipse Foundation and the Members make no representations whatsoever about any other website that you may access through this Website. When you access a non-Eclipse Foundation website, even one that may contain the organization’s name or mark, please understand that it is independent from the Eclipse Foundation, and that the Eclipse Foundation and the Members have no control over the content on such website. In addition, a link to a non-Eclipse Foundation website does not mean that the Eclipse Foundation or the Members endorse or accept any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. 

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ECLIPSE FOUNDATION AND/OR THE MEMBERS BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO ANY USE OF THIS WEBSITE, THE CONTENT, STORED INFORMATION, OR ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR OR OUR INFORMATION HANDLING SYSTEMS OR OTHERWISE, EVEN IF THE ECLIPSE FOUNDATION OR THE MEMBERS ARE EXPRESSLY ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN ANY EVENT, AND TO THE EXTENT PERMITTED BY LAW, THE COLLECTIVE LIABILITY OF THE ECLIPSE FOUNDATION AND ITS MEMBERS ARISING FROM USE OF THIS WEBSITE OR ANY CONTENT ASSOCIATED WITH THIS WEBSITE SHALL NOT EXCEED FIVE EUROS. 

The Eclipse Foundation reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action they deem appropriate including, without limitation, the removal of Content, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. 

The Eclipse Foundation reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Website.
