THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING CLIMATEPROGRESS.ORG. PLEASE READ THEM CAREFULLY.
Last updated: August 29, 2006
Table of Contents
Acceptance of Terms
Climateprogress.org, including all site-related content and services (collectively, “Climate Progress”) is provided by Center for American Progress Action Fund(“CAPAF,” “we,” “us”). Your use of Climate Progress 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 site-related services or content. Although you can access and read portions of Climate Progress by visiting the site, you must register as a member to use certain Climate Progress features — such as posting comments.
Please note that 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 Climate Progress (“you”) can determine whether the Terms of Use has been modified since your last visit by checking the “Last updated” legend posted at the top of the Agreement. By using Climate Progress, you agree to be bound by the version of the Terms of Use then in effect. If at any point you no longer agree to the Terms of Use, please arrange to cancel your membership of Climate Progress by notifying CAPAF (http://www.americanprogressaction.org) and/or discontinuing your use of Climate Progress. CAPAF may deny service to you at any time, including in the event you do not adhere to the Terms of Use.
About CAPAF; Purpose of Climate Progress
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 Climate Progress, CAPAF seeks to provide a forum to advance progressive ideas and policies — not to advance the interests of any particular party or candidate for office.
Submissions
We welcome you to post ideas and views to Climate Progress, subject to your agreement to comply with the Terms of Use. Please be aware that in order to operate Climate Progress or redistribute materials you post to Climate Progress or otherwise submit to us, we require certain rights in those materials. So, by posting to Climate Progress or otherwise transmitting comments, pieces, ideas or other information (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 visitor or member of Climate Progress 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; or (c) disclose any Submissions. This section will survive any termination or expiration of these Terms of Use.
Climate Progress Community Rules
Climate Progress is designed to encourage discussion on topics related to public policy. While Climate Progress is centered on progressive ideas and policies, we welcome a broad range of viewpoints. We have adopted the “Climate Progress Community Rules” set forth below to create a forum where information and views can be shared in a productive and civilized way. While using Climate Progress, you agree to follow the Climate Progress Community Rules.
You agree to:
- Respect other Members — please do not threaten, abuse, intimidate or harass other Site users.
- Use Climate Progress for your personal use only. Posting entries solely to promote your own commercial ventures is not allowed.
You agree not to:
- Post any content or provide links to any content 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 Climate Progress user without his or her express consent.
- Post any content to Climate Progress that is unlawful, racist, libelous, defamatory, obscene, or harasses particular individuals or groups.
- Post any content to Climate Progress that infringes any third-party’s intellectual property or other rights.
- Use Climate Progress for any unlawful purpose, or transmit or otherwise make available in connection with Climate Progress any material that would give rise to criminal or civil liability.
- Use Climate Progress for advertisements, chain letters, “spamming,” survey solicitations, junk mail or solicitations. We are not free advertising.
- 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 Climate Progress, or otherwise “hack” or deface any portion of Climate Progress.
- Frame or mirror any part of Climate Progress without our prior written authorization.
You acknowledge that CAPAF has the right, but not the obligation, to modify or remove, any Submissions that violate Climate Progress Community Rules or that otherwise violate the Terms of Use.
CAPAF’s Proprietary Rights and Re-Use Policy
You acknowledge and agree that the information and materials presented on or through Climate Progress 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 Climate Progress (collectively the “Marks”) are the registered and unregistered trademarks of CAPAF, CAPAF’s licensors and suppliers, and others. All Marks on Climate Progress 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.
General Re-Use Policy You may copy reprint, publish, reproduce, or otherwise display materials created by CAPAF and made available through Climate Progress (collectively, the “Climate Progress Works”) on the condition that you attribute those materials to CAPAF or Climate Progress, as applicable, and provide a link to the CAPAF website (www.americanprogressaction.org) or the Climate Progress site (climateprogress.org), as applicable.
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 CAPAF. Without limiting the generality of the foregoing, you may not distribute any material produced by CAPAF over any network, including a local area network, nor sell or offer it for sale.
You may not make any editorial changes to articles or materials without first receiving express permission from CAPAF. This provision does not restrict excerpting portions of content in a manner that does not alter the editorial intent.
If any of these terms are breached, we reserve 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.
Much information made available on or through Climate Progress is provided by Climate Progress visitors or users (such information, “Third-Party Content”). The inclusion or appearance of Third-Party Content on Climate Progress does not indicate any approval or endorsement by CAPAF. CAPAF is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.
Links
The Site provides links to other websites and resources. Because CAPAF has no control over these 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. CAPAF is providing these links to you only as a convenience. CAPAF has the right, but not the obligation to block links from or to Climate Progress at any time.
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 Climate Progress should be sent to:
By Mail: Debbie Fine, Counsel; Center for American Progress Action Fund; 1333 H Street, NW; Washington DC 20005
By e-mail: copyright@amprog.org
Privacy Policy
All information provided by you or collected by us during visits to Climate Progress (including when you register to become a member or sign up to use certain features) is governed by CAPAF’ Privacy Policy, which is hereby incorporated into the Terms of Use by this reference. Please review it carefully by clicking here (http://www.americanprogressaction.org/site/pp.asp?c=klLWJcP7H&b=86391).
Please be aware that if you decide to disclose personally identifiable information on forums open to other site visitors or Climate Progress members, this information may become public. CAPAF does not control the acts of other Climate Progress visitors or members, so please be cautious when deciding to reveal personal information on Climate Progress. If you believe a Climate Progress visitor or member is improperly collecting or using information about you or other users, please contact us.
Jurisdictional Issues
The Site 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 Climate Progress do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules, and regulations.
Termination
You agree that CAPAF, in its sole discretion, may terminate your use of Climate Progress 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 will not be liable to you or any third party for any termination of your access to Climate Progress.
Disclaimers
THE SITE 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 SITE, 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 SITE.
The Site may include inadvertent inaccuracies or errors, or information or materials that violate the Terms of Use (including Climate Progress Community Rules). Additionally, the possibility exists that a third party could make unauthorized alterations to Climate Progress, Content or Services. Although we attempt to ensure the integrity of Climate Progress, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which Climate Progress’ 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 Climate Progress, as well as information sufficient to enable us to contact you.
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 SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY CONTENT OR SERVICE AVAILABLE THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.
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 Climate Progress; (b) any violation of these Terms of Use by you; or (c) any allegation that any Submissions or other materials you submit to us or transmit to Climate Progress infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party.
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 Climate Progress 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.