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C4 Terms of Use

Center for American Progress Action Fund Terms of Use

THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING A CENTER FOR AMERICAN PROGRESS ACTION FUND WEBSITE.  PLEASE READ THEM CAREFULLY.

Last updated: June 11, 2013

1. Acceptance of Terms. Americanprogressaction.org, including all site-related content and services (collectively, “americanprogressaction.org”) is provided by Center for American Progress Action Fund (“CAP Action,” “we,” “us”). Your use of www.americanprogressaction.org 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 CAP Action in relation to specific site-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 www.americanprogressaction.org (”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 www.americanprogressaction.org, you agree to be bound by the version of the Terms of Use then in effect. CAP Action advises you to print and retain a copy of this Terms of Use in hard copy as a record.  CAP Action 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.

2. About CAP Action; Purpose of Americanprogressaction.org. CAP Action is a nonpartisan, tax-exempt research and educational institute dedicated to promoting a strong, just and freeAmerica that ensures opportunity for all.  We believe Americans are bound together by a common commitment to these values and we aspire to ensure our national policies reflect these values.

As a tax-exempt organization, CAP Action is prohibited from supporting attempts to influence the outcome of any election for public office.  Accordingly, with www.americanprogressaction.org, CAP Action seeks to provide a forum to discuss policy—not to advance the interests of any particular political party or candidate for office.

3. Submissions.

a. By posting 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 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 CAP Action 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.

Submissions to ThinkProgress.org are governed by ThinkProgress.org’s terms of use.

4. CAP Action’s Proprietary Rights and Re-Use Policy

In General

License

You may copy, reprint, publish, reproduce, or otherwise display materials (excluding AP photos and cartoons) from CAP Action on the condition that you attribute those materials to CAP Action and provide a link to the website of CAP Action (www.americanprogressaction.org). Specifically, any article or materials that you reprint or otherwise reproduce must be displayed with its by-line, if applicable, under one of the following headings:

“This material [article] was first published by Center for American Progress Action Fund” (online)

“This material [article] was first published by Center for American Progress Action Fund (www.americanprogressaction.org)” (print)

Copyright Protection

The materials produced by or for CAP Action (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of theUnited Statesand other countries. All individual articles, content and other elements comprising this compilation and produced by CAP Action are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in any materials produced by CAP Action.

Limit on Use

Except as expressly permitted above, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any material produced by or for CAP Action.

Editorial Changes Not Permitted

You may not make any editorial changes to articles or materials without first receiving express permission from CAP Action editorial staff or the author, as applicable. This provision does not restrict excerpting portions of content in a manner that does not alter the editorial intent.

Revocation in Place of Breach

If any of the terms of this agreement are breached, CAP Action reserves the right to withdraw your license to republish our material. In this situation, you must take immediate steps to remove our material from all current and past communications.

5. Your Additional Representations and Warranties. You represent and warrant to CAP Action 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.

6. Information Available on or Through Americanprogressaction.org. Much information made available on or through www.americanprogressaction.org is provided by third parties (such as news services) or bloggers (such information, “Third-Party Content”). The inclusion or appearance of Third-Party Content on www.americanprogressaction.org does not indicate any approval or endorsement by CAP Action of such Third-Party Content, or of any opinion, advice, or other information made or displayed on www.americanprogressaction.org by any user or other third party. CAP Action is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.

7. Links. Americanprogressaction.org provides links to other websites and resources. Because CAP Action has no control over such sites and resources, you acknowledge and agree that CAP Action 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. CAP Action is providing these links to you only as a convenience. CAP Action shall have the right, but not the obligation, at any time and in its sole discretion, to block links from or to www.americanprogressaction.org through technological or other means, without prior notice.

8. 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 underU.S. copyright law. If you believe in good faith that materials hosted by www.americanprogressaction.org 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 www.americanprogressaction.org should be sent to:

By Mail:
Debbie Fine
General Counsel
Center for American Progress Action Fund
1333 H Street, NW
WashingtonDC20005

By email: copyright@americanprogressaction.org

9. Privacy Policy. All information provided by you or collected by us during visits to www.americanprogressaction.org 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 www.americanprogressaction.org, this information may become public. CAP Action does not control the acts of other visitors to www.americanprogressaction.org, so please be cautious when deciding to reveal personal information on www.americanprogressaction.org. If you believe a Blogger is improperly collecting or using information about you or other users, please contact us at abuse@americanprogressaction.org.

10. Access By Minors. Americanprogressaction.org 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.

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

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

13. Disclaimers. Americanprogressaction.org  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 americanprogressaction.ORG, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CAP ACTION DISCLAIMS ALL WARRANTIES WITH RESPECT TO americanprogressaction.ORG.

americanprogressaction.org 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 www.americanprogressaction.org. Although we attempt to ensure the integrity of www.americanprogressaction.org, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which www.americanprogressaction.org’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 www.americanprogressaction.org, as well as information sufficient to enable us to contact you.

14. Limitation of Liability. NEITHER CAP ACTION 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 americanprogressaction.ORG AND/OR MATERIALS CONTAINED ON americanprogressaction.ORG, ANY LINKED SITE OR ANY CONTENT OR SERVICE AVAILABLE THROUGH americanprogressaction.ORG. YOUR SOLE REMEDY FOR DISSATISFACTION WITH BLOGS, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.

15. Indemnification. You agree to defend, indemnify and hold harmless CAP Action 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 www.americanprogressaction.org; 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 are governed by and construed in accordance with the laws of theDistrict 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 theDistrict 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 www.americanprogressaction.org 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. CAP Action 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