We (Wiredpieces Inc.) run a service called OpenProcessing.org and would love for you to use it. Our basic service is free, and we are still in the process of figuring out how to make some money so that we can afford hosting + labor + services. Our service is designed to give you as much control and ownership over what goes on your profile as possible and encourage you to contribute to this creative community freely. However, be responsible in what you post and upload. In particular, make sure that none of the prohibited items listed below appear on sketch and profile pages or get linked to from your sketch and profile pages (things like spam, viruses, hate, or copyrighted content without the appropriate license).
(Note, this Terms of Service is an updated and customized version of Terms of Service of Wordpress.com. This Terms of Service (as well as the version in Wordpress.com) is available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you. We spent money and time on the below, and other people shouldn’t need to do the same.)
Terms of Service:
The following terms and conditions govern all use of the OpenProcessing.org website and all content, services and products available at or through the website. The Website is owned and operated by Wiredpieces Inc.. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Wiredpieces Inc. (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Wiredpieces Inc., acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your OpenProcessing.org Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and included sketches (A sketch includes any java, jar, pde and any other files uploaded to the Website) and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your sketch. You must not describe or assign tags to your sketch in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Wiredpieces Inc. may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Wiredpieces Inc. liability. You must immediately notify Wiredpieces Inc. of any unauthorized uses of your sketch, your account or any other breaches of security. Wiredpieces Inc. 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.
- Responsibility of Contributors. If you own an account on the Website, comment on a sketch or page, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your portfolio or sketch is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your portfolio or sketch is not named in a manner that misleads your readers into thinking that you are another person or company. For example, URL or name of your portfolio or sketches is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Wiredpieces Inc. or otherwise.
By submitting Content to OpenProcessing for inclusion on your account, you grant anyone Creative Commons license to reproduce, modify, adapt and publish the Content as defined by the license. If you delete Content, Wiredpieces Inc. will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Wiredpieces Inc. has the right (though not the obligation) to, in Wiredpieces Inc.’s sole discretion (i) refuse or remove any content that, in Wiredpieces Inc.’s reasonable opinion, is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Wiredpieces Inc.’s sole discretion.
- Responsibility of Website Visitors. Wiredpieces Inc. has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Wiredpieces Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Wiredpieces Inc. disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which OpenProcessing.org links, and that link to OpenProcessing.org. Wiredpieces Inc. does not have any control over those non-OpenProcessing websites and webpages, and is not responsible for their contents or their use. By linking to a non-OpenProcessing website or webpage, Wiredpieces Inc. does not represent or imply that it endorses such website or webpage. 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. Wiredpieces Inc. disclaims any responsibility for any harm resulting from your use of non-OpenProcessing websites and webpages.
- Copyright Infringement. As Wiredpieces Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by OpenProcessing.org violates your copyright or is not provided with the appropriate license, you are encouraged to notify Wiredpieces Inc.. Wiredpieces Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Wiredpieces Inc. or others, Wiredpieces Inc. may, in its discretion, terminate or deny access to and use of the Website.
- Changes. Wiredpieces Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Wiredpieces Inc. may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Wiredpieces Inc. may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your OpenProcessing.org account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Wiredpieces Inc. and its suppliers 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 Wiredpieces Inc. nor its suppliers and licensors, makes any warranty that the Website 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, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Wiredpieces Inc., or its suppliers or licensors, be liable with respect to any subject matter of this 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 or substitute products or services; (iii) for interruption of use or loss or corruption of data. Wiredpieces Inc. 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.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Wiredpieces Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.