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var React = require('react');
var render = require('../../lib/render.jsx');
var Page = require('../../components/page/www/page.jsx');
var Box = require('../../components/box/box.jsx');
var Termsofuse = React.createClass({
type: 'Termsofuse',
render: function () {
return (
<div className="inner termsofuse">
<Box title={'Scratch Terms of Use'}>
<h4>1. User Agreement</h4>
<p>
1.1 These Terms of Use constitute an agreement between
you and the Scratch Team that governs your use of{' '}
<a href="https://scratch.mit.edu">scratch.mit.edu</a>{' '}
and all associated services, including but not limited
to the <a href="http://day.scratch.mit.edu">Scratch Day</a>{' '}
and <a href="http://scratchx.org">ScratchX</a> websites
(collectively "Scratch"). The Scratch Team is part of the
Lifelong Kindergarten Group in the Media Laboratory at the
Massachusetts Institute of Technology ("MIT"). Please
read the Terms of Use carefully. By using Scratch you
affirm that you have read, understood, and accepted
the terms and conditions in the Terms of Use. If you
do not agree with any of these conditions, please do not
use Scratch.
</p>
<p>
1.2 Your privacy is important to us. Please read our{' '}
<a href="/privacy_policy">Privacy Policy</a>, which identifies
how the Scratch Team uses, collects, and stores information
it collects through the Services. By using Scratch, you
additionally agree that you are comfortable with Scratch's
Privacy Policy.
</p>
<p>
1.3 Scratch is open to children and adults of all ages, and
we ask that you keep this in mind when using the Scratch
services. When you use Scratch, you agree to abide by the
<a href="/community_guidelines">Scratch Community Guidelines</a>.
</p>
<p>
1.4 The Scratch Team may change the Terms of Use from time to
time. You can always find the latest version of the Terms of Use
at <a href="/terms_of_use">http://scratch.mit.edu/terms_of_use</a>.
The date of the most recent revisions will appear on this page.
Your continued use of the Services constitutes your acceptance
of any changes to or revisions of the Terms of Use.
</p>
<h4>2. Account Creation and Maintenance</h4>
<p>
2.1 In order to use some features of the Services, you will need to
register with Scratch and create an account. Creating an account is
optional, but without an account you will not be able to save or
publish projects or comments on Scratch. When registering for a
personal account, you will be asked to provide certain personal
information, such as your email address, gender, birth month and
year, and country. Please see Scratch's{' '}
<a href="/privacy_policy">Privacy Policy</a> for Scratch's data
retention and usage policies.
</p>
<p>
2.2 You are responsible for keeping your password secret and your
account secure. You are solely responsible for any use of your
account, even if your account is used by another person. If any use
of your account violates the Terms of Service, your account may be
suspended or deleted.
</p>
<p>
2.3 You may not use another person's Scratch account without permission.
</p>
<p>
2.4 Account names cannot be changed. If you want a different account name,
create a new account and copy your existing projects over by hand.
</p>
<p>
2.5 If you have reason to believe that your account is no longer secure
(for example, in the event of a loss, theft, or unauthorized disclosure
of your password), promptly change your password. If you cannot access
your account to change your password, notify us at{' '}
<a href="mailto:help@scratch.mit.edu"></a>.
</p>
<h4>3. Rules of Usage</h4>
<p>
3.1 The Scratch Team supports freedom of expression. However, Scratch is
intended for a wide audience, and some content is inappropriate for the
Scratch community. You may not use the Scratch service in any way, that:
<ol>
<li>
Promotes bigotry, discrimination, hatred, or violence against any
individual or group;
</li>
<li>
Threatens, harasses, or intimidates any other person, whether that
person is a Scratch user or not;
</li>
<li>Contains foul language or personal attacks;</li>
<li>Contains sexually explicit or graphically violent material;</li>
<li>
Provides instructions on how to commit illegal activities or obtain
illegal products;
</li>
<li>
Except in connection with organizing Scratch day events, asks any
other user for personally identifying information, contact
information, or passwords; or
</li>
<li>
Exposes any others person's personally identifying information,
contact information, or passwords without that person's permission.
</li>
</ol>
</p>
<p>
3.3 You agree to comply with all applicable laws and regulations when you use
Scratch. You may not use Scratch in any unlawful way, including to harass,
stalk, or defame any other person.
</p>
<p>
3.4 You may not impersonate, imitate or pretend to be somebody else when using
the Services.
</p>
<p>
3.5 You agree not to use Scratch in any way intended to disrupt the service,
gain unauthorized access to the service, or interfere with any other user's
ability to use the service. Prohibited activities include, but are not limited
to:
<ol>
<li>
Posting content deliberately designed to crash the Scratch
website or editor;
</li>
<li>
Linking to pages containing viruses or malware;
</li>
<li>
Using administrator passwords or pretending to be an administrator;
</li>
<li>
Repeatedly posting the same material, or "spamming";
</li>
<li>
Using alternate accounts or organizing voting groups to manipulate
site statistics, such as purposely trying to get on the "What the
Community is Loving/Remixing" rows of the front page.
</li>
</ol>
</p>
<p>
3.6 Commercial use of Scratch, user-generated content, and support
materials is permitted under the{' '}
<a href="https://creativecommons.org/licenses/by-sa/2.0/">
Creative Commons Attribution-ShareAlike 2.0 license</a>. However,
the Scratch Team reserves the right to block any commercial use
of Scratch that, in the Scratch Team's sole discretion, is harmful
to the community. Harmful commercial use includes spamming or
repeated advertisement through projects, comments, or forum posts.
</p>
<p>
3.7 You agree not to post links to any content outside of the
Scratch website, if to do so would violate any part of the Terms of Use.
</p>
<h4>4. User-Generated Content and Licensing</h4>
<p>
4.1 For the purposes of the Terms of Use, "user-generated content"
includes any projects, comments, forum posts, or links to third
party websites that a user submits to Scratch.
</p>
<p>
4.2 The Scratch Team encourages everyone to foster creativity by
freely sharing code, art, music, and other works. However, we
also understand the need for individuals and companies to protect
their intellectual property rights. You are responsible for making
sure you have the necessary rights, licenses, or permission for
any user-generated content you submit to Scratch.
</p>
<p>
4.3 All user-generated content you submit to Scratch is licensed
to and through Scratch under the{' '}
<a href="https://creativecommons.org/licenses/by-sa/2.0/">
Creative Commons Attribution-ShareAlike 2.0 license</a>. This
allows others to view and remix your content. This license also
allows the Scratch Team to display, distribute, and reproduce
your content on the Scratch website, through social media
channels, and elsewhere. If you do not want to license your
content under this license, then do not share it on Scratch.
</p>
<p>
4.4 You may only submit user-generated projects that were created
with (1) the Scratch website editor or (2) an unmodified copy of
the Scratch editor compiled from the source code described in
Section 5.3. You may not upload any projects that were created, by
you or by anyone else, with a modified version of the Scratch editor.
</p>
<p>
4.5 Although the Scratch Team requires all users to comply with
these Terms of Use, some inappropriate user-generated content
may be submitted and displayed on the Scratch website. You
understand that when you use Scratch you may be exposed to
user-generated content that you find objectionable or offensive.
If you see any content that violates the Community Guidelines
or Terms of Use, please let us know by using the "Report this"
button. You only need to report an item once. The Scratch Team
reviews reported content every day.
</p>
<p>
4.6 In addition to reviewing reported user-generated content, the
Scratch Team reserves the right, but is not obligated, to monitor
all uses of the Scratch service. The Scratch Team may edit, move,
or delete any content that violates the Terms of Use or Community
Guidelines, without notice.
</p>
<p>
4.7 All user-generated content is provided as-is. The Scratch Team
makes no warranties about the accuracy or reliability of any
user-generated content available through Scratch and does not
endorse Scratch Day events or vet or verify information posted in
connection with said events. The Scratch Team does not endorse any
views, opinions, or advice expressed in user-generated content. You
agree to relieve the Scratch Team of any and all liability arising
from your user-generated content and from Scratch Day events you
may organize or host.
</p>
<h4>5. Scratch Content and Licensing</h4>
<p>
5.1 Except for any user-generated content, the Scratch Team owns and
retains all rights in and to the Scratch code, the design,
functionality, and architecture of Scratch, and any software or
content provided through Scratch (collectively "the Scratch IP").
If you want to use Scratch in a way that is not allowed by these
Terms of Use, you must first contact the Scratch Team. Except for
any rights explicitly granted under these Terms of Use, you are not
granted any rights in and to any Scratch IP.
</p>
<p>
5.2 Scratch provides support materials, including images, sounds,
video, and sample code, to help users build projects. Support materials
are licensed under the{' '}
<a href="https://creativecommons.org/licenses/by-sa/2.0/">
Creative Commons Attribution-ShareAlike 2.0 license</a>. You may also
use screenshots of Scratch under the same license. Please note that
this does not apply to materials that are also trademarked by the
Scratch Team or other parties as described in parts 5.4 and 5.5, below.
<br/>
The Creative Commons Attribution-ShareAlike 2.0 license requires you to
attribute any material you use to the original author. When you use
Scratch support materials, or screenshots of the Scratch website,
please use the following attribution: "Scratch is developed by the
Lifelong Kindergarten Group at the MIT Media Lab. See
http://scratch.mit.edu."
</p>
<p>
5.3 The source code for Scratch 1.4 is available for download and subject
to the copyright notice as indicated on the <a href="/info/faq">Scratch FAQ</a>
{' '}page.
</p>
<p>
5.4 The Scratch name, Scratch logo, Scratch Day logo, Scratch Cat, and Gobo
are Trademarks owned by the Scratch Team. The MIT name and logo are Trademarks
owned by the Massachusetts Institute of Technology. Unless you are licensed by
Scratch under a specific licensing program or agreement, you many not use
these logos to label, promote, or endorse any product or service. You may use
the Scratch Logo to refer to the Scratch website and programming language.
</p>
<p>
5.5 The Scratch support materials library may contain images and sounds that
are trademarked by third parties. The fact that materials are included in
the Scratch support materials library does not in any way limit or reduce
intellectual property rights, including trademark rights, otherwise
available to the materials' owners. Nothing in these Terms of Use or the
Creative Commons 2.0 license will be construed to limit or reduce any
party's rights in that party's valid trademarks. You may not use these
materials to label, promote, or endorse any product or service. You are
solely responsible for any violation of a third party's intellectual
property rights caused by your misuse of these materials.
</p>
<h4>6. Digital Millennium Copyright Act (DMCA)</h4>
<p>
6.1 If you are a copyright holder and believe that content on Scratch
violates your rights, you may send a DMCA notification to{' '}
<a href="mailto:copyright@scratch.mit.edu">copyright@scratch.mit.edu</a>.
For more information, including the information that must be included
in a DMCA notification, see our full <a href="/DMCA">DMCA Policy</a> and
the text of the DMCA,{' '}
<a href="http://www.law.cornell.edu/uscode/text/17/512">17 U.S.C. § 512</a>.
</p>
<p>
6.2 If you are a Scratch user and you believe that your content did not
constitute a copyright violation and was taken down in error, you may
send a notification to{' '}
<a href="mailto:copyright@scratch.mit.edu">copyright@scratch.mit.edu</a>.
Please include:
<ul>
<li>Your Scratch username and email address;</li>
<li>The specific content you believe was taken down in error; and</li>
<li>
A brief statement of why you believe there was no copyright violation
(e.g., the content was not copyrighted, you had permission to use the
content, or your use of the content was a "fair use").
</li>
</ul>
</p>
<h4>7. Suspension and Termination of Accounts</h4>
<p>
7.1 Scratch has the right to suspend your account for violations of the
Terms of Use or Community Guidelines. Repeat violators may have their
account deleted. The Scratch Team reserves the sole right to determine
what constitutes a violation of the Terms of Use or Community Guidelines.
The Scratch Team also reserves the right to terminate any account used
to circumvent prior enforcement of the Terms of Use.
</p>
<p>
7.2 If you want to delete or temporarily disable your account, please
email <a href="mailto:help@scratch.mit.edu">help@scratch.mit.edu</a>.
</p>
<h4>8. Third Party Websites</h4>
<p>
8.1 Content on Scratch, including user-generated content, may include
links to third party websites. The Scratch Team is not capable of
reviewing or managing third party websites, and assumes no
responsibility for the privacy practices, content, or functionality
of third party websites. You agree to relieve the Scratch Team of
any and all liability arising from third party websites.
</p>
<h4>9. Indemnification</h4>
<p>
You agree to indemnify MIT, the Scratch Team, the Scratch Foundation,
and all their affiliates, employees, faculty members, fellows,
students, agents, representatives, third party service providers,
and members of their governing boards (all of which are "Scratch
Entities"), and to defend and hold each of them harmless, from any
and all claims and liabilities (including attorneys' fees) arising
out of or related to your breach of the Terms of Service or your
use of Scratch.
</p>
<p>
For federal government agencies, provisions in the Terms of Use
relating to Indemnification shall not apply to your Official Use,
except to the extent expressly authorized by federal law. For
state and local government agencies in the United States, Terms
of Use relating to Indemnification shall apply to your Official
Use only to the extent authorized by the laws of your jurisdiction.
</p>
<h4>10. Disclaimer of Warranty</h4>
<p><b>
You acknowledge that you are using Scratch at your own risk. Scratch
is provided "as is," and the Scratch Entities hereby expressly
disclaim any and all warranties, express and implied, including but
not limited to any warranties of accuracy, reliability, title,
merchantability, non-infringement, fitness for a particular purpose
or any other warranty, condition, guarantee or representation,
whether oral, in writing or in electronic form, including but not
limited to the accuracy or completeness of any information contained
therein or provided by Scratch. Without limiting the foregoing, the
Scratch Entities disclaim any and all warranties, express and implied,
regarding user-generated content and Scratch Day events. The Scratch
Entities and their third party service providers do not represent or
warrant that access to Scratch will be uninterrupted or that there
will be no failures, errors or omissions or loss of transmitted
information, or that no viruses will be transmitted through Scratch
services.
</b></p>
<h4>11. Limitation of Liability</h4>
<p><b>
The Scratch Entities shall not be liable to you or any third parties
for any direct, indirect, special, consequential or punitive damages
of any kind, regardless of the type of claim or the nature of the
cause of action, even if the Scratch Team has been advised of the
possibility of such damages. Without limiting the foregoing, the
Scratch Entites shall have no liability to you or any third parties
for damages or harms arising out of user-generated content or
Scratch Day events.
</b></p>
<h4>12. Jurisdiction</h4>
<p>
Scratch is offered by the Scratch Team from its facilities in the United
States. The Scratch Team makes no representations that Scratch is
appropriate or available for use in other locations. Those who access
or use Scratch are responsible for compliance with local law.
</p>
<h4>13. Choice of Law and Venue</h4>
<p>
You agree that these Terms of Use, for all purposes, shall be governed
and construed in accordance with the laws of the Commonwealth of
Massachusetts applicable to contracts to be wholly performed therein,
and any action based on, relating to, or alleging a breach of the
Terms of Use must be brought in a state or federal court in Suffolk
County, Massachusetts. In addition, both parties agree to submit to
the exclusive personal jurisdiction and venue of such courts.
</p>
<p>
If you are a federal, state, or local government entity in the United
States using Scratch in your official capacity and legally unable to
accept the controlling law, jurisdiction or venue clauses above, then
those clauses do not apply to you. For such U.S. federal government
entities, these Terms and any action related thereto will be governed
by the laws of the United States of America (without reference to
conflict of laws) and, in the absence of federal law and to the extent
permitted under federal law, the laws of the Commonwealth of
Massachusetts (excluding choice of law).
</p>
<h4>14. Choice of Language</h4>
<p>
If the Scratch Team provides you with a translation of the English language
version of these Terms of Use, the Privacy Policy, or any other policy,
then you agree that the translation is provided for informational purposes
only and does not modify the English language version. In the event of a
conflict between a translation and the English version, the English version
will govern.
</p>
<h4>15. No Waiver</h4>
<p>
No waiver of any term of these Terms of Use shall be deemed a further or
continuing waiver of such term or any other term, and the Scratch Team's
failure to assert any right or provision under these Terms of Use shall
not constitute a waiver of such right or provision.
</p>
<h4>16. Entire Agreement</h4>
<p>
This document, together with all appendices, constitutes the entire Terms
of Use and supersedes all previous agreements with the Scratch Team relating
to the use of Scratch. Revision date: 4 March 2015.
</p>
<h3>Appendix A: Additional Terms for Scratch Day Website</h3>
<p>
The following additional terms also govern your access to and use of web
pages hosted within day.scratch.mit.edu/ (collectively, the “Scratch Day
Site”). All of the terms set forth in the general Terms of Use above also
apply to the Scratch Day Site, unless we clearly state otherwise.
</p>
<h4>1. Privacy Policy</h4>
<p>
The Scratch Day Site Privacy Policy, not the Scratch Privacy Policy,
describes how the Scratch Team uses, collects, and stores information
it collects through the Scratch Day Site. By using the Scratch Day
Site, you agree that you are comfortable with the Privacy Policy.
</p>
<h4>2. Account Creation and Maintenance</h4>
<p>
2.1 In order to post an event to the Scratch Day Site, you will need
to register and create an account. This account is a separate account
from your Scratch account. All registrants must be over 18 years of
age. When registering for a personal account, you will be asked to
provide certain personal information, such as your email address,
first and last name, and Scratch username (optional). Please see the
Scratch Day Site Privacy Policy for Scratch’s data retention and usage
policies.
</p>
<p>
2.2 You are responsible for keeping your password secret and your account
secure. You are solely responsible for any use of your account, even if
your account is used by another person. If any use of your account
violates the Terms of Use, your account may be suspended or deleted.
</p>
<p>
2.3 If you have reason to believe that your account is no longer secure
(for example, in the event of a loss, theft, or unauthorized disclosure
of your password), promptly change your password. If you cannot access
your account to change your password, notify us at{' '}
<a href="mailto:scratchday@media.mit.edu">scratchday@media.mit.edu</a>
</p>
<p>
2.4 The terms set forth in this section apply to the Scratch Day Site.
The Account Creation and Maintenance terms in the general Terms of Use
do not apply to the Scratch Day Site.
</p>
<h4>3. No Endorsement</h4>
<p>
You understand that neither MIT, nor the Scratch Team, nor the Code to
Learn Foundation endorses any Scratch Day event. If you are hosting a
Scratch Day event, you may not state or imply that MIT, the Scratch
Team, or the Code to Learn Foundation has endorsed your event.
</p>
<h3>Appendix B: Additional Terms for ScratchX Website</h3>
<p>
The following additional terms also govern your access to and use of web
pages hosted within scratchx.org (collectively, the “ScratchX Site”).
All of the terms set forth in the general Terms of Use above also apply
to the ScratchX Site, unless we clearly state otherwise.
</p>
<h4>1. ScratchX and GitHub</h4>
<p>
The ScratchX Site provides a platform for developers to link their
experimental extensions to Scratch. However, we do not host those
extensions or save them on the ScratchX site. All the extensions loaded
on to ScratchX are hosted publicly on independent developers’ accounts
on GitHub. Your use of GitHub is subject to GitHub’s Terms of Service
and Privacy.
</p>
<h4>2. Privacy Policy</h4>
<p>
The ScratchX Site Privacy Policy, not the Scratch Privacy Policy,
describes how the Scratch Team uses, collects, and stores information
it collects through the ScratchX Site. By using the ScratchX Site, you
agree to the terms of the Privacy Policy.
</p>
<h4>3. No Endorsement</h4>
<p>
By using ScratchX, you understand that neither MIT, nor the Scratch Team,
nor the Code to Learn Foundation endorses any ScratchX experimental
extension. If you are a developer linking to your own experimental
extension via the ScratchX site, you may not state or imply that MIT,
the Scratch Team, or the Code to Learn Foundation has endorsed your
extension.
</p>
<p><b>The Scratch Terms of Use was last updated: April 2016</b></p>
</Box>
</div>
);
}
});
render(<Page><Termsofuse /></Page>, document.getElementById('app'));