RubyGems.org Terms of Service

Last updated Mar 18, 2025

This policy is in community review. It will take effect at the end of this period estimated on May 20th, 2025.

The RubyGems.org website and service located at https://rubygems.org (the “Service”) are operated by Ruby Central, Inc. (“Provider,” “we,” or “us”). By registering for, using, or accessing the Service, you agree to be bound by these terms of service (“Terms”). These Terms also incorporate our other policies applicable to the Service, including the Ruby Central Privacy Policy, RubyGems.org Privacy Policy, and RubyGems.org Acceptable Use Policy. If you don’t agree to these Terms, you must discontinue use of the Service. If you have any questions about these terms, please contact us: legal@rubycentral.org.

Definitions

1. An “Account” represents your legal relationship with Provider and your authorization to log into and use the Service.
2. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in these Terms and all other operating rules, policies (including our Privacy Notice) and procedures that we may publish from time to time on the Website.
3. “Content” means Content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services.
4. A “User” or “you” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions.
5. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.

1. Registration, Personal Information, and Privacy

a. To use the Service, you must register an Account by providing an email address.
b. You agree to provide truthful and accurate information about yourself when you register for an Account.
c. The privacy of any personal information you provide is governed by our Privacy Notice. We will not use or share any personal information except as provided in our Privacy Notice.
d. The Service is not intended for children under the age of 13. If we learn that any registered user of the Service is under the age of 13, it is our policy to disable the user’s Account and to delete any personal information provided by that user.

2. Account Security

a. You are responsible for keeping your Account secure while you use our Service, including keeping your login information and two-factor authentication information (if applicable) private. Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
b. You are responsible for all Content posted and activity that occurs under your Account.
c. You will promptly notify Provider if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

3. User Content

a. All information and Content submitted by users of the Service (“User Content”) is the sole responsibility of the person who provides it; Provider is not responsible for any User Content. Provider reserves the right, subject to applicable law and its obligations to its customers, to remove User Content for any reason, including that it violates our Acceptable Use Policy. However, Provider has no obligation to monitor, filter, or disable access to any User Content, and shall not be responsible if you encounter objectionable User Content on the Service.
b. You retain your rights to Your Content. You grant to Provider a non-exclusive, worldwide, royalty-free, perpetual, license (including the right to sublicense) to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, adapt, and modify Your Content, in all media now known or later developed, for the purpose of operating, promoting, and improving the Service, and developing new services.
c. You grant to users of the Service a non-exclusive, worldwide, royalty-free, perpetual, license to use, store, cache, and reproduce Your Content, in all media now known or later developed, for the purpose of downloading, using, and preparing derivative works of your Content consistent with any license terms you have applied to Your Content.
d. You grant to operators of public RubyGems mirrors a non-exclusive, worldwide, royalty-free, perpetual, license (including the right to sublicense) to use, host, store, cache, reproduce, publish, display, perform, distribute, and transmit Your Content, in all media now known or later developed, for the purpose of operating public mirrors of the RubyGems package archive.
e. You represent and warrant that you have all necessary rights and authority to grant the above licenses. With regard to any third-party Content that you submit, you represent and warrant that you have a license to provide the Content according to these Terms, or that your use is otherwise permissible, for example as fair use.
f. We have the right to refuse or remove any User Content that we determine, in our sole discretion (1) violates this Agreement or any other applicable Ruby Central policy, (2) we are required by law to remove your content, or (3) poses any risk to Ruby Central or our users..

4. Acceptable Use Policy

a. Your use of the Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

b. You agree that you will not under any circumstances violate our Acceptable Use Policies.

c. Provider reserves the right, to the extent permitted by applicable law, to remove or prohibit any User Content at any time, for violating this Agreement or any other applicable Ruby Central policy, if we reasonably determine that we are required by law to remove your content, or if we reasonably determine that hosting your content poses any risk to Ruby Central or our users.

5. Ownership of the Services; Service Changes and Limitations

a. Provider and its licensors shall retain all right, title, and interest to the Service. If you provide any feedback, bug reports, feature requests, or other comments to Provider, Provider and its licensors shall be free to use or incorporate these into the Services without any obligation to you. Provider shall retain all right, title, and interest to Provider’s trademarks, branding, logos, and related assets used in connection with the Service, and neither this Agreement nor your use of the Service gives you any rights to those assets.
b. Provider may change the Service at any time, without notice to you. Provider may also stop providing one or more Service or features, introduce new limits on use of the Service, or change the terms upon which the Service is available.

6. Copyright Policy

a. If you believe that content on our website violates your copyright, please contact us in accordance with our Copyright Policy. If you are a copyright owner and you believe that content on the Service violates your rights, please contact us by emailing legal@rubycentral.org. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
b. We will terminate the Accounts of repeat infringers of this policy.

7. Termination

a. You may terminate your Account at any time.
b. We may suspend or terminate your access to the Service, with or without notice, at any time if we determine, in our sole discretion, that your use of the Service: (1) violates this Agreement or any other applicable Ruby Central policy, (2) violates any applicable law in your use of the Service, or (3) poses any risk to Ruby Central or our users.
c. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your Account information and any User Content associated with it within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is canceled.
d. In the event of termination, the following sections of these Terms shall remain in effect: 3, 5, 6, 7(c), 8, 9, 10, 11, and 12.

8. Disclaimer of Warranties, Limitations of Remedies

a. THE SERVICE IS PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND PROVIDER MAKES NO WARRANTY THAT THE SERVICE IS COMPLETE, SUITABLE FOR YOUR PURPOSE, RELIABLE, USEFUL, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, PROVIDER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY, OR OTHER WARRANTIES WITH RESPECT TO THE SERVICE OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SERVICE RESTS WITH YOU. PROVIDER AND ITS LICENSORS WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY MATERIAL CONTAINED ON THE SERVICE. PROVIDER MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SERVICE WILL BE UNINTERRUPTED, THAT THE, SERVICE WILL BE ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED.
c. Provider makes no representations or warranties of any kind with respect to the Service, including any representation or warranty that the use of the Service will: (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Provider also makes no representations or warranties of any kind with respect to any User Content. No advice or information, whether oral or written, obtained from Provider or through the Service, will create any warranty not expressly made herein.

9. Limitation of Liability

a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER 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 (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) 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; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
b. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PROVIDER OR ITS AFFILIATES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US TO USE THE SERVICES.
c. Nothing in these Terms is intended to exclude or limit the liability of Provider for death or personal injury, fraud, fraudulent misrepresentation, or any liability that cannot be excluded by law.

10. Indemnification

a. You agree to indemnify and hold harmless Provider, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of and access to the Service, your violation of this Agreement, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.

11. Notice

a. Notice to You. Provider may provide you with notices through the Service, or by email to your email address on record in your Provider Account. You are responsible for ensuring that your contact information is both current and accurate in your Provider Account.
b. Notice to Provider. If you have a dispute with Provider or wish to provide a notice under this Agreement, you must promptly send written notice to Provider at: legal@rubycentral.org.

12. Miscellaneous Terms

a. Modifications to this Agreement. Provider may occasionally revise these Terms. You can find the most recent version at https://rubygems.org. We will notify users of material changes to these Terms, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address associated with your Account. By using the Service after a new version of these Terms becomes effective, you thereby agree to be bound by the revised Terms.
b. Choice of Law. This Agreement and the relationship between you and Provider shall be governed by the laws of the State of Kentucky without regard to its conflict of law provisions and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the Service, shall be brought exclusively in the state or federal courts located in the State of Kentucky. You consent and waive any objection to the jurisdiction of and venue in these courts.
c. Authority to Enter Into Agreement. You represent and warrant that you have the legal authority to enter into this agreement and that the performance of obligations under this agreement will not violate any agreement between you and any other person, firm, or organization. If you are entering this agreement on behalf of another person or entity, you represent and warrant that you are authorized to do so.
d. Waiver and Severability. Failure by Provider to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement 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 this Agreement will remain in full force and effect.
e. Entire Agreement. Unless you have a separate written agreement with Provider that is explicitly in addition or in place of this Agreement, this Agreement is the entire and exclusive agreement between you and Provider regarding the Service, and this Agreement supersede and replace any prior agreements between you and Provider regarding the Service. There shall be no third party beneficiaries to this Agreement.