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Mobile App Terms of Use

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

Last updated: January 31, 2012
1. Acceptance of Terms.The ThinkProgress Mobile App, including all site-related content and services (collectively, the “App”) is provided by Center for American Progress Action Fund (“CAPAF,” “we,” “us”) and allows you to view and interact with ThinkProgress.org (the “Blog”). Your use of the App 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 App-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 App. Visitors to the App (“you”) 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 App, 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. A printable version of the Terms of Use is available at http://thinkprogress.org/mobile-app-terms-of-use/
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.

2. Purpose of the App; 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 App, 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.
Submissions through the App: We welcome you to post links and progressive ideas and views through the App to Twitter and Facebook. To do so, you must grant certain privileges to the App. You will be prompted to grant these privileges the first time you use the Tweet or Facebook functionality. Procedures to revoke these privileges are provided below. Submissions are subject to your agreement to comply with these Terms of Use and acknowledgement of our Privacy Policy. In addition, if you use the Tweet or Facebook functionality, you are subject to the Terms of Service and Privacy policies of the respective services. Those can be found here:
Twitter:
https://twitter.com/tos
https://twitter.com/privacy
Facebook:
http://www.facebook.com/legal/terms?ref=pf
http://www.facebook.com/about/privacy/

Please be aware that in order to operate the App or redistribute materials you post through the App or otherwise submit to us, we require certain rights in those materials. So, by posting through the App 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 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; or (b) disclose any Submissions. This section will survive any termination or expiration of these Terms of Use.

4. CAPAF’s Proprietary Rights and Re-Use Policy. You acknowledge and agree that the information and materials presented on or through the App 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 App (collectively the “Marks”) are the registered and unregistered trademarks of CAPAF, CAPAF’s licensors and suppliers, and others. All Marks on the App 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, which is incorporated into this Terms of Use by this reference, to determine how you may use certain materials posted on the App.

5. Your Additional Representations and Warranties. You represent and warrant to CAPAF 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 the App. Some information made available on or through the App 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 in the App 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 in the App 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.

7. Links. The App 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 App 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 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 App 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

9. Privacy Policy. All information provided by you or collected by us during use of the App 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 when using the App in conjunction with Twitter or Facebook, this information may become public. CAPAF does not control the acts of other users of the App, so please be cautious when deciding to reveal personal information through the App. If you believe a User is improperly collecting or using information about you or other users, please contact us at abuse@americanprogressaction.org.

10. Access By Minors. The App 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, device-specific parental controls, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

11. Jurisdictional Issues. The App 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 App 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 CAPAF, in its sole discretion, may terminate your use of the App 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 App.

13. Disclaimers. THE APP 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 APP, 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 APP.

The App 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 App. Although we attempt to ensure the integrity of the App, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which the App’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the specific page where such material can be found on the App, as well as information sufficient to enable us to contact you. The easiest way to identify the page is by using the email functionality.

14. 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 APP AND/OR MATERIALS CONTAINED ON THE APP, ANY LINKED SITE OR ANY CONTENT OR SERVICE AVAILABLE THROUGH THE APP. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.

15. 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 App; 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 App 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 App, feel free to contact us at copyright@americanprogressaction.org or write to:

18. For texting functionality, standard data and text rates apply.

19. Standard data rates apply for all content accessed through the App, including the viewing of high-bandwidth videos.

Removing App Privileges from your Facebook Account

These instructions are assume use of a desktop web browser and are subject to change whenever Facebook changes its site:
1. Log into your Facebook account using a web browser.
2. Click the drop-down menu next to “Home” and select Account Settings.
3. Choose Apps on the left-side menu.
4. Find the Entry for ThinkProgress Mobile. Click the x next to it and then hit the Remove button to confirm that you wish to revoke permissions.
You may re-grant the privileges by attempting to send a new Facebook message in the App.

Removing App Privileges from your Twitter Account

These instructions are assume use of a desktop web browser and are subject to change whenever Twitter changes its site:
1. Log into your Twitter account using a web browser.
2. Click the drop-down menu on the upper-right side of the screen (next to your screen name) and choose the Settings option.
3. Choose the Applications tab near the top of the screen.
4. Find the entry for ThinkProgress Mobile and click the Revoke Access button.
You may re-grant the privileges by attempting to send a new Tweet in the App.


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