These terms of use are entered into by and between You and the Processing Foundation (“Processing Foundation,” “We,” “Our,” or “Us”). The following terms and conditions (“Terms of Use”) constitute a contractual agreement (“Agreement”) between You and the Processing Foundation. The Agreement governs access to and use of p5js.org, including any content, functionality, and services offered on or through p5js.org (“p5.js” or “Website”), and applies to anyone who uses the Website (referred to as “Users”, “User”, “You”, or “Your” as applicable).
Please read the Terms of Use carefully before You start to use the Website. By using the Website as a guest or by creating an account and clicking to accept and agree to the Terms of Use when this option is made available to you, You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://editor.p5js.org/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or Privacy Policy, you must not access or use the Website.
The Effective Date of this Agreement is February 1, 2021
- Modifications to the Terms of Use
- Data Collection and Use
- Integration with Third-Party Services
- Accessing the Website and Account Security
- General Conditions
- User Contributions
- Content Standards
- Prohibited Uses
- End User Licenses
- DMCA Infringement Notices
- Indemnification
- Limitation on Liability
- Dispute Resolution
- Waiver and Severability
- Entire Agreement
- Your Comments and Concerns
Modifications to the Terms of Use
We reserve the right, in Our sole discretion, to modify or add to this Agreement at any time, for any reason (“Updated Terms”). The Updated Terms shall be included in a revised version of this Agreement accessible through the Website. We may provide notice of significant changes to this Agreement as required by law.
Your continued use of the Website as a guest, or by creating an account and clicking to accept and agree to the Updated Terms when this option is made available to you, following the posting of any Updated Terms constitutes Your unconditional acceptance and agreement to be bound by those changes. If You do not agree to be bound by the Updated Terms You must cease using the Website immediately, or when prompted, do not click accept.
The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to Your use of the Website from that point forward.
Data Collection and Use
Acknowledgement of Our Privacy Policy
You expressly consent to the use and disclosure of personally identifiable information and other data and information as described in this Privacy Policy. Notwithstanding anything in the Privacy Policy, the Processing Foundation shall have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source) resulting from Your access to and use of the Website. To the extent any such data or information is collected or generated by p5.js, the data and information will be solely owned by the Processing Foundation.
International Storage
The Processing Foundation may access or store personal information in multiple countries and states, including countries and states outside of Your own country or state to the extent permitted by applicable law.
Communications Required by Law
The Processing Foundation may be required by law to send You communications about the Website or third-party products. You agree that We may send these communications via email or by posting them on p5.js or by messaging You directly via email or the Website.
Integration with Third-Party Services
The Website may connect to other websites and other third party services. Before using any third-party integrations, You are encouraged to review their terms of use and to review personal and technical security of the product or service that is the subject of the integration. The Processing Foundation shall rely on the fact that You have reviewed those materials and consented to their terms in their entirety.
The Processing Foundation shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage in connection with the third-party integrations. We have no control over such third parties and are not responsible for the content of their services. We provide You with third party integrations only for Your convenience. This does not imply any endorsement or any association with such third parties. We do not warrant the use of the third-party integrations will be uninterrupted or error free. Any concern regarding the third-party services should be directed to the responsible third party.
By using any of third-party integrations, You agree that We may allow the providers of those third-party applications access to Your data as required for the integration of such third-party applications with Our Website. We shall not be responsible for any disclosure, modification or deletion of Your data resulting from any such access by third-party application providers.
By using any of third party integrations, You acknowledge and agree that:
- The Processing Foundation may transfer necessary data to the providers of those third-party applications;
- The Processing Foundation shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage in connection with the data We provide to such third parties.
User accepts and understands this risk and waives all rights to hold the Processing Foundation responsible in any way, financially or otherwise, for third party errors and results.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including registered Users.
You are responsible for both:
- Making all arrangements necessary for You to have access to the Website.
- Ensuring that all persons who access the Website through Your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide, directly and indirectly, when creating an account on p5.js, including, but not limited to, Your name, email, and device information, is governed by Our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with Our Privacy Policy.
If You choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password, or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
General Conditions
You agree to the following conditions for Your use of the Website:
- We reserve the right to add or remove features from the Website at any time.
- We reserve the right to refuse access to Our Website to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username or account that becomes inactive, contains profanity, violates this Agreement, defames, or may mislead other users.
- We may limit or terminate the Agreement, Your account, and seek other remedies.
User Contributions
The Website may contain personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through p5.js Editor.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution You post to the site will be considered non-confidential. By uploading any User Contribution to the Website, You grant Us, Our affiliates and service providers, and each of their and Our respective licensees, successors, and assigns the right to reproduce and display those User Contributions and any such material therein for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us and Our affiliates and service providers, and each of their and Our respective licensees, successors, and assigns.
- All of Your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not the Processing Foundation, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other User of the Website.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent Your identity or affiliation with any person or organization;
- Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out above in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Processing Foundation, an employee of the Processing Foundation, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Processing Foundation or Users of the Website, or expose them to liability.
Additionally, You agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without Our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
End User Licenses
Your License to the Website
Subject to Your compliance with this Agreement, We will permit You to access and use the Website solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement You may have entered into with the Processing Foundation.
Your License to the Content
Unless otherwise noted on the Website, all content, data, or other information provided through the Website made by the Processing Foundation (collectively “Content”) is owned by the Processing Foundation. By accepting this Agreement, the Processing Foundation grants to You a non-exclusive, non-transferable, and revocable license to use the Website and Content only for the purposes for which these Terms of Use allow. You may not, in whole or in part, copy, modify, delete, add to, remove, publish, transmit, augment, transfer, create derivative works, sell, or participate in the sale or transfer of the Website, or in any other way exploit any of the Content, software, products, trademarks or services contained in the Website without the prior written consent from the Processing Foundation. If You would like to use the Content in a manner not permitted by this Agreement, please contact the Processing Foundation.
Our License to User Content
All user-generated content you submit to Processing Foundation is licensed to and through Processing Foundation under the Creative Commons Attribution-ShareAlike 2.0 license (located at https://creativecommons.org/licenses/by-sa/2.0/ ). This allows others to view and remix your content. This license also allows the Processing Foundation to display, distribute, and reproduce your content on the p5.js website, through social media channels, and elsewhere. If you do not want to license your content under this license, then do not share it with Processing Foundation.
DMCA Infringement Notices
The Processing Foundation respects Your copyrights and other intellectual property rights, as well as those of third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Website without Your authorization in a way that constitutes copyright infringement, You may notify Our designated copyright agent by email at:
Please provide the following information to Our Copyright Infringement Agent:
- The identity of the infringed work, and of the allegedly infringing work;
- Your name, address, daytime phone number, and email address (if an email is available
- a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
- a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
- Your electronic or physical signature
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify You that we have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If You receive such a notice from Us, You may provide Us with a counter-notification in writing to Our designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Processing Foundation may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
The Processing Foundation reserves the right, in its sole discretion, to terminate the account or access of any User of the Website who is the subject or repeated DMCA or other infringement notifications.
Indemnification
You agree to defend, indemnify, and hold harmless the Processing Foundation, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Website, including, but not limited to, Your User Contributions, any use of the Content, Website, and products other than as expressly authorized in these Terms of Use, or Your use of any information obtained from the Website.
Limitation on Liability
To the fullest extent provided by law, in no event will the Processing Foundation, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The limitation of liability set out above does not apply to liability resulting from Our gross negligence or willful misconduct.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Dispute Resolution
For any dispute arising under this Agreement, parties agree to contact each other and attempt to resolve disputes for no less than 30 days prior to seeking an alternative method of dispute resolution.
Mediation
If settlement cannot be reached within the 30 day period, parties agree to try in good faith to settle the dispute by mediation.
Venue
Any meeting or proceeding shall take place in New York, New York.
Arbitration
If settlement can not be reached through good faith negotiations or mediation, then any unsettled dispute shall be resolved by arbitration.
Governing Law
Dispute resolution shall be governed by New York law.
Administration
Arbitration claims shall be heard by a single arbitrator, who has expertise in contracts. Parties shall come together to pick a single arbitrator within 15 days after the commencement of arbitration. If the parties fail to agree upon a single arbitrator, the arbitration provider will pick a single arbitrator who has expertise in contracts. If the parties fail to agree upon an arbitration provider within 30 days of the end of the good faith resolution period, the American Arbitration Association will be the arbitration provider.
Fees
Each party agrees to pay its half of all the applicable filing fees and arbitrator fees. Each party shall bear its own attorneys’ fees and costs upfront. The prevailing party shall be entitled to recover its attorneys’ fees and costs.
Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.
To the extent permitted by law, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the parties agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these terms, you and the Processing Foundation are each waiving the right to a trial by jury or to participate in a class action.
Waiver and Severability
Any waiver by Us of any term or condition set out in these Terms of Use shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and Our Privacy Policy, constitute the sole and entire agreement between You and the Processing Foundation regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by the Processing Foundation, 400 Jay Street, #175
Brooklyn, NY 11201.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].