Eng:Terms of Use

The Scratch Terms of Use (commonly abbreviated ToU), officially declared and made public on June 4, 2014, are different from the Community Guidelines and state firmly more specific and legal terms of use. The terms of use refer to the Scratch program and website and state the behavior expected from Scratchers, any rules unclear by the Community Guidelines, and issues related to what can be done with the Scratch program both legally and to projects uploaded to the Scratch website. The actual Scratch Terms of Use can be viewed here.

Development
Specific development of a new Terms of Use was generally unspoken of, but at one point in time Lightnin requested for a new general rule outline to be created on the Scratch Wiki. The forums often hold many questions related specifically to rules that are very unclear. With the increasing popularity of Scratch and users who do not understand the rules or desire proof, the Terms of Use provide out in legal format the policies of Scratch.

Information
A summary of the Terms of Use can be read below:

This is only a summary and is not the actual Terms of Use.

1. User Agreement

1.1 This part explains what Scratch is, who the Scratch Team is, what the Terms of Use are, and why they exist. You must agree with these conditions if you want to use Scratch.

1.2 This part explains the Privacy Policy, what it is, and that you must agree to it if you want to use Scratch.

1.3 Scratch is open to all ages, and all of your comments, projects, etc., should be appropriate to everyone.

1.4 The Terms of Use can change from time to time. When using Scratch, you agree to the latest revision, which can always be found here.

2. Account Creation and Maintenance

2.1 Some parts of Scratch are limited to an account. Creation is optional, but if you create one, Scratch will ask for some information. It explains the Privacy Policy, and why you should read it for additional information.

2.2 You are responsible for your account, your password, and your identity. If anyone hacks your account, anything they do is your fault, not anyone else's.

2.3 You may NOT use another's Scratch account without permission.

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.

2.5 If you feel someone has hacked your account, you should change your password or contact help@scratch.mit.edu

3. Rules of Usage

3.1 You must be respectful to the one's around you in Scratch. This section outlines things that are disrespectful on Scratch.

3.3 You must follow general laws and use common sense while using Scratch.

3.4 You should not impersonate anyone else on Scratch.

3.6 You should not use Scratch in any way to disrupt the service (e.g. making projects deliberately made to crash the player).

3.7 Commercial use of Scratch is technically allowed under the Creative Commons Attribution Share-Alike License, but should not be done in ways that are harmful to the community.

3.8 You should not post links to anything outside the Scratch website that go against the Terms of Use.

4. User-Generated Content and Licensing

4.1 This part explains what user-generated content is: any projects, comments, forum posts, etc.

4.2 When posting user-generated content, you must have the legal right to use anything it contains.

4.3 All user-generated content is public, and with attribution, may be freely remixed or used.

4.4 All user-generated content must have been created with Scratch, not a modified version.

4.5 Rarely one may be exposed to inappropriate content on Scratch. If you see something inappropriate for Scratch, you should immediately report it.

4.6 This part explains that the Scratch Team can modify, move, or delete anything that does not follow these Terms of Use or the Community Guidelines.

4.7 This part explains that the Scratch Team has no part in most of the user-generated content created; it is provided on an as-is basis.

5. Scratch Content and Licensing

5.1 The Scratch Team owns Scratch, its code, and everything else on the Scratch website besides user-generated content.

5.2 All sounds, images, and other support materials may be used however wished. They are under the same license as all projects are.

5.3 The source code for Scratch 1.4 is available, but also copyrighted.

5.4 This part lists trademarks owned by the Scratch Team, such as the Scratch website, the Scratch Cat, and Gobo.

5.5 Some of the support materials are trademarked by third parties.

6. Digital Millennium Copyright Act (DMCA)

6.1 If you feel something on the Scratch website invades your copyright, you can send a request to copyright@scratch.mit.edu

6.2 If your content was taken down for copyright, you may send a request to put it back up, with a brief explanation, to copyright@scratch.mit.edu.

7. Suspension and Termination of Accounts

7.1 The Scratch Team has the right to take down your account for violations of the Community Guidelines or Terms of Use.

7.2 If you would like to delete your account, you may email help@scratch.mit.edu

8. Third Party Websites

8.1 The Scratch Team is not responsible for third-party websites users link people to.

9. Indemnification

This section explains that users must help indemnify Scratch, or protect it from liability.

10. Disclaimer of Warranty

This section explains that Scratch is provided as-is and is not warranted.

11. Limitation of Liability

This section explains that the Scratch Team is not responsible for damage it causes to your computer, even if they have been warned of the possibility of it.

12. Jurisdiction

This section explains that Scratch is a U.S. organization. Make sure you abide by your local laws when using Scratch in another country.

13. Choice of Law and Venue

Any action against the Terms of Use should be brought up in a Suffolk County court in Massachusetts.

14. Choice of Language

The Terms of Use has translated versions, but they are not official. The English version will always govern.

15. No Waiver

The Terms of Use may not be waived. If the Scratch Team fails to assert any of these rules, it does not count as a waiver.

16. Entire Agreement

This Terms of Use is considered complete and overrides any previous agreement by the Scratch Team.