This article is about technical information on Scratch. For the general rules in the Scratch Community that were formerly called the Terms of Use, see Community Guidelines.
The Terms of Use page.

The Scratch Terms of Service, formerly known as the Terms of Use, officially declared and made public on June 4, 2014,[1] 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.

Development

Specific development of a new Terms of Service 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.[citation needed] 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 Service provide out in legal format the policies of Scratch.

Information

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


Note Warning: This is a summary provided for informational purposes only and is not legally binding in the way that the actual Terms of Use are. In the case of any differing information between this and the actual Terms of Use, the actual Terms of Use apply.


Introduction. By downloading the Scratch editor or accessing the Scratch website, you agree to be bound by the Terms of Service and the Scratch Team's Privacy Policy. If you do not agree with the Terms of Service, you do not have permission to use Scratch.

MIT has no affiliation with the Scratch Team aside from web hosting services.

Arbitration Notice: Legal disputes will be resolved by a neutral third party; you and the Scratch Team agree not to have a trial by jury to resolve these disputes.

Scratch Service Overview.

The Terms of Service apply to the scratch.mit.edu website, the Scratch editors, the scratch.org website, ScratchJr (including websites and applications), the Scratch Foundation website at scratchfoundation.org, and the Scratch Shop at shop.scratchfoundation.org.

Eligibility

In order to use Scratch, you must (a) be 18 years old or older, or otherwise have permission from a parent or guardian; (b) not have been previously banned from Scratch; and (c) comply with applicable laws. If a parent or guardian gave you permission to use Scratch, then they are responsible for making sure that you follow the Terms of Service. If you accept the Terms of Service on behalf of a company or organization, then that company or organization must also follow the Terms of Service.

Accounts and Registration

Certain features of Scratch require an account. When creating an account, you must provide your email address, username, password, and other information, as stated in the Privacy Policy. You agree that this information is accurate and not misleading. You must also create a password; you are responsible for keeping it private, and you are responsible for anything that the account is used for. If you believe that your account is no longer secure, then you should notify the Scratch Team at help@scratch.org.

General Payment Terms

Some Scratch features require payment. You are able to review and accept any fees that may be charged. Fees and donations are non-refundable unless otherwise specified, and you agree that the Scratch Team may generate revenue from your payments and donations.

1. Price. The Scratch Team has the right to set prices and will keep pricing information up-to-date.

2. Authorization. If you make any orders which require payment, you agree to allow the Scratch Team to charge you for this payment (including taxes), and you agree to allow the Scratch Team to verify that any credit card you use to pay fees is valid.

3. Donations. You can donate to Scratch at https://www.scratch.org/donate . Before you donate, you are able to review and accept any amount that you will be charged. See Section 4 for more information.

4. Recurring Donations. You can sign up for recurring donations. These will automatically renew after an amount of time that you decide, unless you or the Scratch Team cancels it. You allow the Scratch Team to charge you for these recurring donations. You can cancel a recurring donation by emailing donate@scratch.org.

Merchandise

1. Merchandise. The Scratch Team may offer merchandise on Scratch, the price of which will be displayed when you are about to purchase it. You are responsible for payment, taxes, shipping costs, and other fees. The Scratch Team is able to limit the available quantity of, or discontinue, any merchandise offered for sale.

2. Currency. Payments will be made in U.S. Dollars unless otherwise specified. Certain settlements and fees are based on your payment provider.

3. Orders. Anything you purchase will be confirmed by email, sent to the email address provided at the time of purchase. For questions on purchase confirmations, email help@scratch.org.

4. Shipment. The Scratch Team will ship the merchandise you purchased to the address that you provided. The Scratch Team currently can only ship merchandise to locations inside the United States, excluding Hawaii.

5. Taxes. You agree to pay taxes on anything you purchase.

6. Refunds and Exchanges. The Scratch Team does not offer refunds on any merchandise. If the merchandise you purchased is damaged or defective, or you believe it was lost in transit, then you can exchange the merchandise by sending an email to help@scratch.org within 4 weeks of you receiving the merchandise or the estimated delivery date.

7. Cancellation of Payments and Purchases. You cannot cancel any payments you made, unless required by law. The Scratch Team is allowed to reject your purchase. If this happens, you may not receive your money back for several days.

8. Disputed Charges. Outside of what is listed in the Terms of Service, you agree to submit any payment disputes to the Scratch Team in writing within 60 days of being charged.

Service License

1. Limited License. Provided that you follow the Terms of Service, you are allowed to (a) download any particular Scratch editor; and (b) use Scratch, including the websites. This must be only for your personal use, not for commercial use.

2. License Restrictions. Unless required by law or permitted by the Terms of Service, you are not allowed to (a) reproduce or distribute Scratch; (b) make modifications to Scratch; or (c) attempt to bypass security mechanisms. You are not allowed to use Scratch if you are prohibited by law to use it.

Scratch Materials and Licensing

1. Scratch Materials. The Scratch Team owns the Scratch websites and editors. The source code for the Scratch and ScratchJr editors are available to download, subject to the AGPLv3 license, which requires you to credit the original creator for anything you use via the quote: "Scratch is developed by the Scratch Foundation and its partners and affiliates. See https://scratch.org/ ." See Sections 7.2 and 7.3 for more information on what you are allowed to use.

2. Support Materials. Scratch includes images, sounds, video, and sample code to help users build projects. Your use of these materials is governed by the licenses which they are under (for example, AGPLv3 or CC BY-SA). To credit the Scratch Foundation, use this quote: "Scratch is developed by the Scratch Foundation and its partners and affiliates. See https://scratchfoundation.org ."

3. Scratch Team Marks. You are only allowed to use the Scratch Cat, the Scratch logo, ScratchJr, Giga, Nano, Pico, Tera, Milli, and Zepto, for personal and educational use, not for commercial use. If you use them for commercial use, you will need to agree on a license with the Scratch Team, but they are not obligated to give you such a license. The Scratch Team is the sole owner of these characters, and can remove your ability to use them at any time.

User Content

1. User Content Generally. Scratch allows its users to post projects, comments, forum posts, and more. You own a copyright license for anything that you post or share to the Scratch website, including AI-generated material that you generate from the Scratch website; the specific license is described in Section 8.2.

2. Limited License Grant. By posting or sharing content on Scratch, you allow: (a) others to remix your content on Scratch; and (b) the Scratch Team to use your content for marketing purposes, including training AI models. You agree to pay any fees that you owe to someone if you use their copyrighted material on Scratch.

3. Specific Rules for Photographs and Images. If you post a photo of someone on Scratch, you allow that person to share that photo anywhere else on the Internet, but they may not sell it.

4. Specific Rules for Musical Works and for Recording Artists. If you share your original music on Scratch, you must notify and get the permission of any music publisher who may already have the rights to your music. Also, you must get permission from a musical artist before sharing a cover of their song on Scratch.

5. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You may not post content which you do not have the legal right to post under copyright law. You, and not the Scratch Team, are responsible for the content you share. By posting on the Scratch website, you agree that:

  • (a) you own the copyright to any materials used in your content;
  • (b) your content does not: (i) violate the rights of others; (ii) slander or invade the privacy of others; (iii) cause the Scratch Team to handle sensitive personal information; or (iv) cause the Scratch Team to violate any laws or require them to pay any fees; and
  • (c) your content is not disrespectful or inappropriate.

6. User Content Disclaimer. The Scratch Team is not responsible for other users' content, including editing it. The Scratch Team has the right to take down content that they believe violates the Terms of Service. You understand that it may be possible to view inappropriate content on Scratch. You agree not to legally pursue the Scratch Team for any moderation actions that they take. If someone reports any content, the Scratch Team will decide whether or not to remove it. The Scratch Team does not allow anyone to break the Terms of Service.

7. Monitoring Content. The Scratch Team has no obligation to monitor: (a) content shared on the website; (b) content created by third parties; or (c) the use of Scratch by its users. You agree that the Scratch Team is able to monitor Scratch. The Scratch Team may review personal information while monitoring the website, following the Privacy Policy. The Scratch Team is not responsible for any consequences as a result of removing content from the website. You are responsible for saving backup copies of your content.

8. Feedback. The Scratch Team welcomes feedback. If you provide feedback, then you allow the Scratch Team to use it, and they are not required to credit you for it.

9. Inputs; Outputs. Scratch includes AI generation features. You are responsible for verifying the accuracy of any AI-generated material; it could be incorrect, misleading, or counter the Scratch Team's beliefs. You own anything that you generated using AI on Scratch. Anything you write into an AI generator may be used to improve the Scratch website, including training AI models and allowing third parties to do so. You may not write the following into an AI generator: (i) any personal information; or (ii) anything that causes Scratch to violate the law.

10. Other Users' Content. The Scratch Team allows users to view, use, and remix projects or content made by other users. This content falls under the license described in Section 8.2(a).

Third-Party Terms

1. Third-Party Services and Linked Websites. Scratch has tools that allow you to export projects to third-party websites, and Scratch has links to third-party websites. The Scratch Team does not control these third-party websites and is not responsible for these websites' use of your exported projects or for these websites' content. Please review the terms of use and privacy policy of any third-party websites before sharing projects or other information with them.

2. Third-Party Software. Scratch may use third-party software. You must follow the Terms of Service when using Scratch, but the Terms of Service do not prevent you from using any third-party software as allowed in the terms of service of such software.

Communications

The Scratch Team may send you promotional emails, which you can unsubscribe from by following the unsubscribe instructions in the email itself.

Prohibited Conduct

By using Scratch, you agree not to:

  • use Scratch in any way which violates the law;
  • use Scratch in any way that promotes discrimination, hatred, or violence;
  • harass, threaten, embarrass, bully, or harm anyone using Scratch;
  • use Scratch in any way that contains bad words, personal attacks, or explicit or violent material;
  • violate, encourage others to violate, or provide instructions on how to violate, any right of a third party;
  • use bots, crawlers, etc., on Scratch, aside from that provided by the Scratch Team;
  • interfere with security features of Scratch, including by: (i) disabling the ability to use or remix content; or (ii) attempting to find the source code of Scratch except as permitted by law;
  • interfere with others' use of Scratch, including by: (i) uploading viruses or adware; (ii) making unwanted advertisements; (iii) collecting personal information about another user without permission; or (iv) disrupting any network used to run Scratch;
  • impersonate, access another user's account without permission, or lie about your date of birth;
  • post personal information about you or anyone else, other than as required for account setup;
  • sell or transfer access to Scratch;
  • attempt to do, or help someone or give them permission to do, anything listed in Section 11;
  • automatically obtain any Scratch data;
  • state that AI-generated content was human-generated;
  • use Scratch or AI-generated content to train AI models.

Intellectual Property Rights Protection

1. Respect of Third-Party Rights. The Scratch Team takes copyright seriously, and asks that you do the same. For more information, see the Scratch DMCA Policy.

2. DMCA Notification. For complaints regarding copyright violations, see the Scratch DMCA Policy for information on how to submit a complaint.

3. Procedure for Reporting Claimed Infringement. If you believe any content on Scratch violates your copyright, see the Scratch DMCA Policy for information on how to submit a complaint. As part of this, send a "Notification of Claimed Infringement" containing the following information:

  • a signature of the copyright holder;
  • a description of the copyrighted work;
  • a description of the content that violates your copyrighted work and where it is located on Scratch;
  • your address, phone number, and email address;
  • a statement that you truly believe that this is a case of copyright violation;
  • a statement that all of this information is accurate and that you are the copyright holder.

4. Repeat Infringers. The Scratch Team will: (a) remove a project for which someone submitted a DMCA takedown request; and (b) block users who repeatedly violate another user's copyright. The Scratch Team may block accounts at their discretion.

5. Counter Notification. If your project is removed by a DMCA takedown request, you can submit a counter notification. See the Scratch DMCA Policy for information on how to submit a counter notification.

6. Before submitting a counter notification, verify (possibly with a lawyer) that you can provide a valid counter notification.

7. Reposting of Content Subject to a Counter Notification. If you submit a counter notification, the Scratch Team will tell you the person who submitted the DMCA takedown request, and tell that person that the Scratch Team will reshare the project within 10–14 days of the counter notification being submitted, unless that person files a lawsuit to maintain their copyright.

8. False Notifications of Claimed Infringement or Counter Notifications. Anyone who knowingly submits a false DMCA request or a false counter notification is responsible for any damages that occurred as a result. The Scratch Team may seek damages from anyone who submits this false information.

Modification of Terms

The Scratch Team may change the Terms of Service. Any changes are effective immediately, except for existing users, for whom the changes will be effective 30 days after making these changes. The Scratch Team may ask that you accept these changes in order to continue using Scratch. If you do not agree, then you should unshare your content and stop using Scratch.

Term, Termination, and Modification of the Service

1. Term. The Terms of Service are effective when you accept them, or when you first download a Scratch editor or use the Scratch website, and they end as described in Section 14.2.

2. Termination. The Scratch Team may end these Terms of Service or block your Scratch account at any time, for any reason, with or without notice. You may also delete your account through your account settings or by contacting the Scratch Team at help@scratch.org.

3. Effect of Termination. Once your account is blocked: (a) you must stop using Scratch; (b) you are not allowed to access your account; and (c) Sections 7.1, 8.2, 8.3, 8.8, 9, 14.3, 15, 16, 17, 18, and 19 still hold. You are responsible for saving backup copies of your projects, as you may lose access upon getting blocked. If you were blocked because you violated the Terms of Service, then you are not allowed to make a new account using a different name or email address.

4. Modification of the Service. The Scratch Team may modify or end Scratch at any time, temporarily or permanently, with or without notice. You are responsible for saving backup copies of your projects, as you may lose access if any of these changes cause you to lose access to your projects.

15. Indemnity

You are responsible for your use of Scratch. You will defend and compensate the Scratch Team from any damages that are a result of: (1) your misuse of Scratch; (2) your violation of the Terms of Service; (3) your violation of any third-party right; or (4) any dispute between you and a third party. The Scratch Team may chose to defend itself, and in that case, you agree to help them with their defense.

Disclaimers; No Warranties by the Scratch Team

1. The Scratch Team provides Scratch as-is, without any guarantees that Scratch will work properly. They also do not guarantee: (a) that Scratch works perfectly, that Scratch will fit your specific needs, that you have the right to use Scratch, that you can use Scratch without interference, or that you are not violating anyone else's rights; and (b) anything based on past interactions or common practices. The Scratch Team does not guarantee that Scratch will be free from errors or viruses, nor that these issues will be fixed.

2. No information that you receive from anyone, including the Scratch Team, will guarantee anything that is not given in the Terms of Service. The Scratch Team is not responsible for any damages that result from Scratch or other Scratch users. You understand that you use Scratch at your own risk and will not rely on Scratch content for factual information. You understand that parts of Scratch rely on generative AI and hence may not always be accurate or relevant.

3. Section 16 applies as permitted by law. If the law requires the Scratch Team to provide a certain guarantee, then the Scratch Team will not avoid doing so.

Limitation of Liability

1. The Scratch Team is not responsible for any damages that indirectly arise from your use of Scratch, including loss of profits or loss of goodwill.

2. In the event that the Scratch Team is responsible for damages, they will pay the larger of the following two amounts: (a) the amount you paid them in the last 12 months to use Scratch; and (b) $100 USD.

3. Everything in the Terms of Service is intended to limit the risks between you and the Scratch Team. Every item in the Terms of Service is independent of the rest; if one is removed, the rest still hold. Section 17 holds even if the solutions that Scratch offers do not fix the problems that you have.

Dispute Resolution and Arbitration

1. Generally. You and the Scratch Team agree that any dispute related to the Terms of Service will be resolved through a neutral third party, except as described in Sections 18.2 and 18.3. You understand that, by accepting the Terms of Service, you and the Scratch Team agree not to have a trial by jury to resolve these disputes.

2. Exceptions. The Terms of Service do not prevent you or the Scratch Team from: (a) filing a lawsuit in small claims court; (b) pursuing law enforcement; ([]c) asking to start or stop doing something; or (d) filing a lawsuit related to copyright violations.

3. Opt-Out. If you do not want to resolve disputes through a neutral third party, you may opt out of Section 18 within 30 days of agreeing to this Terms of Service by sending an Opt-Out Notice to the Scratch Foundation, stating your full name, the email address associated with your Scratch account, and a statement that you would like to opt out of resolving disputes through a neutral third-party. Once the Scratch Team receives your notice, Section 18 will not hold for you, and any dispute from these Terms of Service will be resolved as in Section 18.2. The rest of the Terms of Service will not be affected.

4. Arbitrator. These rules about resolving disputes through a neutral third party must follow the Federal Arbitration Act, as managed by the American Arbitration Association, under its Consumer Arbitration Rules. See adr.org for more information.

5. Commencing Arbitration. To address a dispute of the Terms of Service, either you or the Scratch Team must send a written notice to the other by mail (or by email if no physical address is provided). This notice must: (a) state the name; (b) describe the dispute; and ([]c) state the desired result. You and the Scratch Team will try to resolve the claim directly, but if you do not reach an agreement within 30 days, then you or the Scratch Team can bring in a neutral third party. If you are the one to do this, the Scratch Team will reimburse you for the filing fee, unless your claim exceeds $10,000 USD or if the Scratch Team has received 25 similar requests for a neutral third party, in which case the payment will be determined by the Consumer Arbitration Rules. If the third party decides that the dispute is not serious, then the payment of all fees will be determined by the Consumer Arbitration Rules.

6. Arbitration Proceedings. Any hearing by a neutral third-party will take place in the county and state where you live unless agreed otherwise. If your claim is for $10,000 USD or less and does not ask that the Scratch Team start or stop doing something, then you may choose whether such a hearing is done: (a) through documents submitted to the third party; (b) through phone or video; or ([]c) in-person in the county where you live. Neither you nor the Scratch Team may make a settlement offer until the third-party makes a decision. The third-party must explain their decision in writing.

7. Arbitration Relief. If the neutral third party decides that you deserve more money than what the Scratch Team had previously offered you, then the Scratch Team will pay you the larger of the following two amounts: (a) the amount that the third party states you should get; and (b) $10,000 USD. The third party's decision is final, except: (1) as permitted by law; or (2) if the third party decides that you or the Scratch Team can order the other to start or stop doing something, in which case the dispute may be taken to court.

8. No Class Actions. You and the Scratch Team agree that any legal disputes must be brought individually, not as part of a group. Unless you and the Scratch Team agree otherwise, the neutral third party cannot combine multiple peoples' cases together.

9. Modifications to this Arbitration Provision. If the Scratch Team makes any changes to these rules involving disputes and third parties, you can reject the change by sending them a written notice within 30 days of the change, in which case your Scratch account will be blocked and the old rules (from before the changes you rejected were made) regarding disputes will hold.

10. Enforceability. If Section 18.8 or Section 18 in general are found to be unenforceable, or if you send an Opt-Out Notice, then Section 18 will no longer hold, and any dispute related to the Terms of Service will be resolved as in Section 19.2.

Miscellaneous

1. General Terms. The Terms of Service, including the Privacy Policy, are the full agreement between you and the Scratch Team regarding your use of Scratch. You cannot transfer your rights under these Terms of Service without prior written consent. However, the Scratch Team may do so at any time without notice or consent. If the Scratch Team fails to enforce something in the Terms of Service, that does not mean the Terms of Service no longer hold. Section headers in the Terms of Service are for convenience only and do not affect any interpretation of these Terms of Service. The word "including" means "including but not limited to." If any part of the Terms of Service is unenforceable, then that part will be enforced only as much as possible, and the remaining parts will be enforced completely.

2. Governing Law. The Terms of Service are governed by laws of Delaware. Lawsuits will be resolved in Delaware courts. Scratch is operated from Massachusetts, and the Scratch Team does not guarantee that Scratch is able to be used in other locations.

3. Privacy Policy. Please read the Scratch Privacy Policy for more information on how Scratch collects, uses, stores, and discloses your personal information. The Privacy Policy is part of the Terms of Use.

4. Additional Terms. By using Scratch, you must follow any additional rules that the Scratch Team posts on Scratch. Such rules are part of the Terms of Service.

5. Consent to Electronic Communications. By using Scratch, you agree to receiving messages from the Scratch Team as described in the Privacy Policy. You agree that such messages satisfy legal communication requirements.

6. Contact Information. Scratch is offered by the Scratch Foundation. You can contact the Scratch Team by emailing them at help@scratch.org.

7. Notice to California Residents. If you live in California, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs to resolve a complaint about Scratch or to get more information about the use of Scratch.

8. No support. The Scratch Team is not required to provide support for Scratch. If they do, the support will follow published policies.

9. International Use. The Scratch Team does not guarantee that Scratch is able to be used outside of the United States. You are not allowed to use Scratch in any locations where it is illegal to use Scratch. 20. Notice Regarding Apple. Section 20 applies only to those who use Scratch on an Apple device. The Terms of Service are between you and the Scratch Team, and not with Apple in particular. Apple is not responsible for Scratch, for its content, or for support for Scratch. If Scratch fails to follow any guarantees it has stated, you may notify Apple, who will then refund you for your purchase of Scratch. Apple is not responsible for addressing any disputes by you or any third party related to Scratch, including for any claim that your use of Scratch violates someone else's copyright. If you accept the Terms of Service, then Apple is allowed to enforce the Terms of Service against you. You agree that: (a) you are not in a country that the United States has restricted trade with or that the United States has deemed a country that supports terrorists; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

See Also

External Links

References

  1. ↑ topic:41272

[1]

  1. ↑ topic:862915
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