We (the folks at Processing Foundation) have a mission to promote software literacy within the visual arts, and visual literacy within technology-related fields. We do this by developing and distributing a group of related software projects, which includes Processing (Java), p5.js (JavaScript), and Processing.py (Python), and facilitating partnerships and collaborations with allied organizations and individuals, to build a more diverse community around software and the arts. We also maintain this Service, the p5.js Web Editor (editor.p5js.org). These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using the p5.js Web Editor. Please read them carefully and reach out to us if you have any questions.
This Terms of Service is customized version of the open source Terms of Service created and maintained by Automattic, with inspiration from the Scratch Terms of Use. Feel free to repurpose it for your own use!
These Terms constitute an agreement between you and the Processing Foundation that govern your access to and use of the p5.js Web Editor (editor.p5js.org or "Service") and all associated services. Our Service is offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Processing Foundation’s Privacy Policy, and procedures that may be published from time to time by Processing Foundation (collectively, the “Agreement”). You agree that we may automatically upgrade our Service, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Service. By accessing or using any part of our Service, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Service.
Throughout these Terms, “you” applies to both individuals and entities that access or use our Service. If you are an individual using our Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
Where use of our Service requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be asked to provide certain personal information, such as your email address—please see the Privacy Policy for data retention and usage policies. You will be solely responsible and liable for any activity that occurs under your username, even it your account is used by another person such as a parent or teacher. You may not use another person's account without permission. You are responsible for keeping your account information up-to-date and for keeping your password secure. You are responsible for maintaining the security of your account and your sketches (this includes any files, such as JavaScript, HTML, and CSS files, as well as other content, such as images, videos, and fonts), and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Service. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Our Service is not directed to children. Access to and use of our Service is only for those over the age of 13. If you are younger than this, you may not register for or use our Service. Any person who registers as a user or provides their personal information to our Service represents that they are 13 years of age or older.
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, or other materials) posted to our Service by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement section to submit copyright complaints), or other proprietary rights of third parties.
- If you post Content on our Service, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
- Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, editor.p5js.org. For example:
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We disclaim any responsibility for any harm resulting from non-Processing Foundation websites.
You represent and warrant that your use of our Service:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
- Will not use the Service for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden editor.p5js.org’s systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.
p5.js Web Editor enables you to create and host p5.js sketches on the web, and we would love for you to use it. p5.js Web Editor’s service is free. Our service is designed to give you as much control and ownership over what goes into your p5.js sketches as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website. If you find a p5.js sketch that you believe violates these Terms, please email us at foundation@processing.org.
Your p5.js Web Editor Account If you create an account on the p5.js Web Editor, you are able to publicly host your sketches at https://editor.p5js.org/<account_name>/sketches. You must not engage in “account squatting,” claim an unreasonable number of accounts (as determined by us), or sell access to any accounts.
Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on editor.p5js.org, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Web Traffic. We use a third party, Google Analytics, to measure editor.p5js.org’s audience and usage. By hosting your sketches editor.p5js.org, your sketches’ traffic will be included under editor.p5js.org.
Prohibited Uses. By using editor.p5js.org, you represent and warrant that your Content and conduct do not violate the Community Guidelines or User Guidelines.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with the Service violates your copyright, please notify us in accordance with Processing Foundation's Digital Millennium Copyright Act ("DMCA") Policy at copyright@p5js.org. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Processing Foundation or others.
In using editor.p5js.org, you may use software or media developed by a third party or yourself (“Third Party Services”) on your website. If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by Processing Foundation.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data, for example, via a pixel or cookie. If you use the Third Party Service or grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
- Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or sketches.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Automattic, or by the posting by Automattic of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Service at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Processing Foundation policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of any of our Service to any individual or entity for any reason. If you wish to terminate the Agreement or your editor.p5js.org account, you may simply discontinue using our Service. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Service is provided “as is.” editor.p5js.org and its splliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither editor.p5js.org, nor its suppliers and licensors, makes any warranty that our Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Service at your own discretion and risk.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Service will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Service will be the state and federal courts located in Kings County, New York.
In no event will Processing Foundation, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Automattic under the Agreement during the twelve (12) month period prior to the cause of action. Processing Foundation shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Processing Foundation, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s website.
These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement constitutes the entire agreement between Processing Foundation and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Processing Foundation may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.