# Hackdex Terms of Service

Version 1.0.2 • Effective: 2025-11-30

Canonical URL: https://www.hackdex.app/terms

Important notices
- This Terms of Service applies only to the Hackdex service available at the domain hackdex.app (including subdomains). Any copies of this document in public source repositories are provided for reference only and are void unless explicitly hosted under hackdex.app.
- This document is not licensed under the repository's MIT license and may not be reused without permission.
- Nothing in this document constitutes legal advice.

## 1. Acceptance of Terms and Privacy

By accessing or using Hackdex (the "Service"), you agree to this Terms of Service ("Terms") and our Privacy Policy available at [https://www.hackdex.app/privacy](https://www.hackdex.app/privacy). If you do not agree, do not use the Service. We may update these Terms as described in Section 13. If you continue to use the Service after changes take effect, you accept the updated Terms.

## 2. Definitions

- "User Content": files (including .bps and .png) and text uploaded to Hackdex by users.
- "Creators": users who upload User Content (collectively "hacks," e.g., patches, screenshots, descriptions).
- "Users": consumers who browse and/or download and apply patches.

## 3. Eligibility; Accounts and Registration

- You must be at least 13 years old to use the Service. Creators must be 13+.
- Registration is required only for Creators to upload their own hacks. Browsing, downloading, and local patching can be done without registration.
- If you register, you are responsible for your account, including safeguarding your password and the activity under your account. Notify us promptly of unauthorized use.

## 4. ROMs and Patching Policy

- ROM files are never permitted to be uploaded to Hackdex's servers. Do not post, upload, link to, or otherwise provide ROMs or ROM extracts.
- Patching occurs locally on the user's device against legally obtained ROMs owned by the user. ROMs never leave the user's device via the Service.
- Do not upload copyrighted assets, decryption keys, or other circumvention materials.

## 5. User Content: Representations, Warranties, and License

Creators are solely responsible for their User Content. By uploading or otherwise making available User Content, you represent and warrant that:

1) you have all rights necessary to provide the User Content and grant the license below;
2) your User Content does not infringe, misappropriate, or violate any third‑party rights or laws;
3) your User Content complies with these Terms (including Sections 4 and 8) and is accurate and not misleading.

License to Hackdex (service‑only): You grant Hackdex a worldwide, non‑exclusive, royalty‑free, revocable license to host, cache (including via CDNs), store, reproduce for technical purposes (e.g., thumbnails, formatting, search indexing), transmit, and display your User Content solely to operate and provide the Service. No sublicensing rights are granted. Upon deletion of User Content, Hackdex will cease display and hosting in the ordinary course, except that reasonable backup/archival copies may persist for a limited period.

You retain ownership of your User Content. These Terms do not grant Hackdex the right to use your User Content for off‑site promotion or with partners; any such use would require your separate consent.

## 6. Creator Responsibilities

Creators must:
- ensure they hold necessary rights in patches, screenshots, and text (including any third‑party material they include);
- provide accurate metadata, versioning, and base ROM identification;
- comply with applicable laws, including export, IP, and consumer protection laws;
- promptly address takedown notices and remove or update infringing or unlawful content upon request;
- indemnify Hackdex as set out in Section 12.

## 7. Content Moderation

Hackdex may or may not pre‑screen User Content. Hackdex reserves the right, but not the obligation, to move, remove, block, edit, or refuse any User Content or suspend accounts at any time and for any reason (including suspected infringement or violations of these Terms). Hackdex endeavors to apply best‑effort moderation but cannot monitor all content. All User Content is the sole responsibility of the Creator who provided it.

## 8. Prohibited Content and Conduct

Do not, and do not allow or encourage others to:
- upload, post, or link to ROMs, ROM extracts, copyrighted game assets, or other materials you do not have rights to share;
- upload or share decryption keys, DRM‑circumvention tools, or instructions designed to obtain or unlock copyrighted materials unlawfully;
- upload malware, malicious code, or content that interferes with the Service or others' devices;
- upload personal data of others without permission;
- engage in illegal, infringing, misleading, defamatory, hateful, harassing, or otherwise unlawful conduct;
- attempt to access accounts or systems without authorization or to disrupt or degrade the Service;
- use automated tools (including bots, scrapers, crawlers, scripts, or similar software) to access, scrape, crawl, or systematically download content from the Service without Hackdex's prior written permission;
- engage in excessive, systematic, or bulk downloading of patch files or other content in a manner that could disrupt, overload, or degrade the Service or its infrastructure;
- redistribute, republish, or commercially exploit patch files or other content downloaded from the Service without authorization from the respective Creator or Hackdex, as applicable.

## 9. IP Infringement and DMCA

Hackdex respects intellectual property rights and will respond to notices of alleged infringement consistent with applicable law. If you believe content on Hackdex infringes your rights, please send a notice to our Copyright Agent at copyright@hackdex.app containing:

1) your signature (electronic or physical) of a person authorized to act on behalf of the owner;
2) identification of the copyrighted work claimed to have been infringed;
3) identification of the material claimed to be infringing and information reasonably sufficient to locate it (e.g., URL);
4) your contact information;
5) a statement of good‑faith belief that the use is not authorized by the owner, its agent, or the law; and
6) a statement under penalty of perjury that the information is accurate and you are authorized to act.

Counter‑Notice: If you believe material was removed or disabled by mistake or misidentification, you may send a counter‑notice to the Copyright Agent containing:

1) your signature (electronic or physical);
2) identification of the material that was removed or to which access has been disabled and the location where it appeared before removal;
3) your contact information;
4) a statement under penalty of perjury that you have a good‑faith belief the material was removed or disabled due to mistake or misidentification; and
5) a statement that you consent to jurisdiction of the courts in Salt Lake County, Utah, and will accept service from the person who provided the original notice or that person's agent.

Repeat Infringers: Hackdex may terminate accounts of repeat infringers in appropriate circumstances.

## 10. Third‑Party Services and Links

The Service may link to third‑party sites or services. Hackdex is not responsible for third‑party content, policies, or practices. Your use of third‑party services is at your own risk and subject to their terms.

## 11. Disclaimers and Limitation of Liability

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, HACKDEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND NON‑INTERFERENCE. HACKDEX DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE.

TO THE FULLEST EXTENT PERMITTED BY LAW, HACKDEX, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR USER CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF HACKDEX FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

The limitations in this Section do not limit liability for Hackdex's willful misconduct and do not limit Creator indemnity obligations or claims arising from a Creator's IP infringement or violation of law. Some jurisdictions do not allow certain disclaimers or limits; in those cases, the limitations apply to the maximum extent permitted by law.

## 12. Indemnification (Creator‑Focused)

You agree to indemnify, defend, and hold harmless Hackdex, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity. Creator indemnity expressly includes claims alleging copyright or trademark infringement, misappropriation, or violations of anti‑circumvention laws in connection with User Content.

## 13. Changes to the Service and to these Terms

Hackdex may modify, suspend, or discontinue any part of the Service at any time. We may update these Terms by posting an updated version at the canonical URL. If changes are material, we will take reasonable steps to provide notice. Your continued use after changes become effective constitutes acceptance.

## 14. Termination

We may suspend or terminate access to the Service (or portions thereof) at any time at our discretion, with or without notice, including if we believe you have violated these Terms or applicable law. Upon termination, Sections intended to survive (including 4–5 and 8–15) will continue to apply.

## 15. Governing Law; Venue; Dispute Terms

These Terms are governed by the laws of the State of Utah, USA, without regard to conflict‑of‑laws principles. You agree to the exclusive jurisdiction and venue of the state or federal courts located in Salt Lake County, Utah, for all disputes arising out of or related to these Terms or the Service, except that either party may bring an individual action in small‑claims court of competent jurisdiction. To the fullest extent permitted by law, you and Hackdex waive any right to participate in class or representative actions. Any claim must be filed within one year after the claim accrues, otherwise it is permanently barred, unless a longer period is required by applicable law.

## 16. Severability; Waiver; Assignment; Entire Agreement

If any provision of these Terms is deemed unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect. No waiver of any provision is a continuing waiver. You may not assign or transfer these Terms without our consent. These Terms constitute the entire agreement between you and Hackdex regarding the Service.

## 17. Contact

Copyright Agent: [copyright@hackdex.app](mailto:copyright@hackdex.app)

General inquiries: see the contact form at [https://www.hackdex.app/contact](https://www.hackdex.app/contact)
