Think Progress

Thinkprogress.org Terms of Use

THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING THINKPROGRESS.ORG. PLEASE READ THEM CAREFULLY BEFORE YOU USE THINKPROGRESS.ORG.

Last updated: September 7, 2007

1. Acceptance of Terms. Thinkprogress.org, including all site-related content and services (including fellows.thinkprogress.org)(collectively, the “Blog”) is provided by Center for American Progress Action Fund (”CAPAF,” “we,” “us”). Your use of the Blog is subject to your compliance with the terms and conditions set forth in this Terms of Use agreement (”Terms of Use”), which supplement any additional guidelines or other terms posted by CAPAF in relation to specific Blog-related services or content.

We reserve the right to update or modify the Terms of Use without advance notice by posting a revised Terms of Use to this website. Visitors to the Blog (”you,” or “Bloggers”) can determine whether the Terms of Use has been modified since your last visit by checking the “Last updated” legend at the top of the Agreement. By using the Blog, you agree to be bound by the version of the Terms of Use then in effect. CAPAF advises you to print and retain a copy of this Terms of Use in hard copy as a record.
CAPAF may deny service to you at any time and in its sole discretion, including, in the event you do not adhere to the Terms of Use, including the Blog Community Rules set forth below.

2. Purpose of the Blog; About CAPAF. CAPAF is a nonpartisan, tax-exempt organization, which is the sister advocacy organization of the Center for American Progress. CAPAF strives to transform progressive ideas into policy through rapid response communications, legislative action, grassroots organizing, advocacy and partnerships with other progressive leaders throughout the country and the world. Please note that CAPAF is a non-partisan organization. With the Blog, CAPAF seeks to provide a forum to advance progressive ideas and policies - not to advance the interests of any particular candidate for office or party.

3. Submissions.

a. Submissions to Most Blog Areas: We welcome you to post progressive ideas and views to the Blog, subject to your agreement to comply with the Terms of Use. Please be aware that in order to operate the Blog or redistribute materials you post to the Blog or otherwise submit to us, we require certain rights in those materials. So, by posting to the Blog or otherwise transmitting comments, pieces, ideas or other information in any form including visual or audio data (collectively, “Submissions”) to us, you grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right (including any moral rights) and license to use, reproduce, distribute, create derivative works based on, perform and display such Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Submissions. You also permit any Blogger to access, display, view, store and reproduce such Submissions for personal use.

You acknowledge that to the extent that you include personally identifiable information in Submissions, we may republish such information as part of the content. If we republish your content, we may provide authorship credit by listing your name as well.

Although CAPAF has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (a) monitor the Submissions; (b) alter, edit, or remove any Submission in whole or in part; or (c) disclose any Submissions. This section will survive any termination or expiration of these Terms of Use.

b. Submissions Through the Blog Fellows Program: If you choose to submit your post through the Blog Fellow Program, you are agreeing to the additional terms and conditions set forth in the Blog Fellows Program guidelines section of the Blog (which are hereby incorporated into this Terms of Use) and in this Section.

• You represent and warrant that your Submissions are original works that have not been and will not be published elsewhere for at least four (4) hours from the time you submit each such Submission. If we accept your work for publication, it must be exclusive to ThinkProgress at the time of publication.

• If we wish to publish your post through the Blog Fellows Program, we will contact you as soon as possible. We may suggest revisions or edits for you to make prior to publication. We may also have questions for you to answer prior to posting. You agree to cooperate in good faith with the Blog to make such revisions and respond to any questions.

• If we select your post for publication and you have complied with the terms and conditions of this Terms of Use, we will send you a $50 check. Please allow six (6) weeks for processing and delivery. In order to receive compensation for your post, you must participate and have been selected for publication through the Blog Fellows Program. (Submissions emailed directly to us will be ineligible for compensation.)

• A Blog Fellowship will be offered to a limited number of individuals who we believe exhibit a demonstrated record of submitting quality posts on a frequent basis. The quality and frequency of postings will be assessed by the ThinkProgress team and are subject to the team’s full discretion.

• Candidates for the Blog Fellowship will be required to enter into an additional agreement in order to be awarded the Blog Fellowship.

• CAPAF has no obligation to return any content to you.

4. Blog Community Rules. We have adopted the “Blog Community Rules” set forth below to create a forum where information and progressive views can be shared in a productive way. While using the Blog, you agree to adhere to the Blog Community Rules below.

You agree to:
• Respect other Bloggers - please do not threaten, insult, abuse, intimidate or harass other Blog users.
• Use the Blog for your personal use only. Posting entries solely to promote your own projects are not allowed.

You agree not to:
• Post any messages or provide links to any messages that endorse or oppose a particular political party or candidate for office.
• Post any private information, or otherwise harvest, collect or disclose information, about another Blogger without his or her express consent.
• Post any content to the Blog that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups.
• Post any death threats.
• Post any content to the Blog that infringes any third-party’s intellectual property or other rights.
• Use the Blog for any unlawful purpose, or transmit or otherwise make available in connection with the Blog any material that would give rise to criminal or civil liability.
• Use the Blog for advertisements, chain letters, “spamming,” survey solicitations, junk mail or solicitations.
• Impersonate any person or entity, including any CAPAF employees, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Imply that CAPAF endorses any of your statements or positions.
• Transmit any harmful, invasive or disruptive code or other materials (such as viruses, worms or web bugs) through or to the Blog, or otherwise “hack” or deface any portion of the Blog.
• Frame or mirror any part of the Blog without our prior written authorization.

You acknowledge that CAPAF has the right, but not the obligation, to modify or remove, any Submissions that violate the Blog Community Rules or that otherwise violate the Terms of Use.

5. CAPAF’s Proprietary Rights and Re-Use Policy. You acknowledge and agree that the information and materials presented on or through the Blog will remain the property of CAPAF and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by CAPAF (including photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this compilation and produced by CAPAF are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by CAPAF.

The trademarks, service marks, logos and trade names displayed on the Blog (collectively the “Marks”) are the registered and unregistered trademarks of CAPAF, CAPAF’s licensors and suppliers, and others. All Marks on the Blog not owned by CAPAF are the property of their respective owners. The Marks owned by CAPAF, whether registered or unregistered, may not be used in connection with any product or service that is not CAPAF’s.

Please review our Re-Use Policy[MAKE LINK], which is incorporated into this Terms of Use by this reference, to determine how you may use certain materials posted on the Blog.

6. Your Additional Representations and Warranties. You represent and warrant to CAPAF Progress that (a) you have full power and authority to enter into this Terms of Use; (b) your Submissions are original to you or you have obtained all permissions, releases, rights or licenses required to grant the rights and assignments granted herein without obtaining any further releases or consents; (c) your Submissions do not violate, infringe or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, and do not contain any matter that is defamatory; and (d) you are eighteen years of age or older. If you are under 18 years of age, your parent or legal guardian must submit your Submissions on your behalf.

7. Information Available on or Through the Blog. Some information made available on or through the Blog is provided by third parties (such as news services) or other Bloggers (such information, “Third-Party Content”). The inclusion or appearance of Third-Party Content on the Blog does not indicate any approval or endorsement by CAPAF of such Third-Party Content, or of any opinion, advice, or other information made or displayed on the Blog by any user or other third party. CAPAF is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.

8. Links. The Blog provides links to other websites and resources. Because CAPAF has no control over such sites and resources, you acknowledge and agree that CAPAF does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, or for the availability of such external sites or resources. CAPAF is providing these links to you only as a convenience. CAPAF shall have the right, but not the obligation, at any time and in its sole discretion, to block links from or to the Blog through technological or other means, without prior notice.

9. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by CAPAF infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Blog should be sent to:

By Mail:
Debbie Fine
General Counsel
Center for American Progress Action Fund
1333 H Street, NW
Washington DC 20005

By email: copyright@americanprogressaction.org

10. Privacy Policy. All information provided by you or collected by us during visits to the Blog is governed by our Privacy Policy, which is hereby incorporated into the Terms of Use by this reference. Please review it carefully by clicking here.

Please be aware that if you decide to disclose personally identifiable information on the Blog, this information may become public. CAPAF does not control the acts of other visitors to the Blog, so please be cautious when deciding to reveal personal information on the Blog. If you believe a Blogger is improperly collecting or using information about you or other users, please contact us at abuse@americanprogressaction.org.

11. Access By Minors. The Blog is intended for visitors aged 18 and up. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

12. Jurisdictional Issues. The Blog is controlled and operated by CAPAF from its principal office in the District of Columbia, U.S.A., and is not intended to subject CAPAF to the laws or jurisdiction of any other state, country or territory. Those who choose to access the Blog do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules, and regulations.

13. Termination. You agree that CAPAF, in its sole discretion, may terminate your use of the Blog or any part thereof, at any time and for any reason, including if CAPAF believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that CAPAF shall not be liable to you or any third party for any termination of your access to the Blog.

14. Disclaimers. THE BLOG IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE BLOG, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CAPAF DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE BLOG.

The Blog may include inadvertent inaccuracies or errors, or information or materials that violate the Terms of Use (including the Rules of Conduct above). Additionally, the possibility exists that a third party could make unauthorized alterations to the Blog. Although we attempt to ensure the integrity of the Blog, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which the Blog’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Blog, as well as information sufficient to enable us to contact you.

15. Limitation of Liability. NEITHER CAPAF NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE BLOG AND/OR MATERIALS CONTAINED ON THE BLOG, ANY LINKED SITE OR ANY CONTENT OR SERVICE AVAILABLE THROUGH THE BLOG. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE BLOG, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.

16. Indemnification. You agree to defend, indemnify and hold harmless CAPAF and our directors, officers, employees and consultants, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise out of or from (a) your activities in connection with the Blog; and (b) any violation of these Terms of Use by you, including breach of any representations or warranties made by you in this Terms of Use.

16. Miscellaneous. These Terms of Use is governed by and construed in accordance with the laws of the District of Columbia, United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of the District of Columbia, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts, in any matter arising out of or related to the Blog or these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. CAPAF may assign its rights and obligations under these Terms of Use. These, together with all policies referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

17. Questions. If you have any questions or feedback about these Terms of Use or the Blog, feel free to contact us at copyright@americanprogressaction.org or write to:

Center for American Progress Action Fund
1333 H Street, NW
Washington DC 20005