Terms of Use

THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING SCIENCEPROGRESSACTION.ORG /INTERSECTION. PLEASE READ THEM CAREFULLY.

Last updated: September 23, 2011

Acceptance of Terms

Scienceprogressaction.org/intersection, including all site-related content and services (collectively, the “Intersection” or the “Blog”) is provided by Center for American Progress Action Fund (”CAP Action,” “we,” “us”). Your use of the Intersection 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. Although you can access and read portions of the Intersection by visiting the site, you must sign up to use certain Intersection features–such as the future newsletter.
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 the Intersection (”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 the Intersection, 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 discontinue your use of the Intersection. CAP Action may deny service to you at any time, including in the event you do not adhere to the Terms of Use.

About CAP Action; Purpose of the Intersection

CAP Action is a nonpartisan, tax-exempt organization, which is the sister advocacy organization of the Center for American Progress. CAP Action 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 CAP Action is a non-partisan organization. With the Blog, CAP Action seeks to provide a forum to advance progressive ideas and policies – not to advance the interests of any particular candidate for office or party.

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

Submissions

We welcome you to post ideas and views to the Intersection, subject to your agreement to comply with the Terms of Use . Please be aware that in order to operate the Intersection or redistribute materials you post to the Intersection or otherwise submit to us, we require certain rights in those materials. So, by posting to the Intersection 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 the Intersection 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 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; or (c) disclose any Submissions. This section will survive any termination or expiration of these Terms of Use.

The Intersection Community Rules

The Intersection is designed to encourage discussion on topics related to science and technology policy. While the Intersection is a project of CAP Action, which focuses on progressive ideas and policies, we welcome a broad range of viewpoints. We have adopted the “Intersection Community Rules” set forth below to create a forum where information and views can be shared in a productive and civilized way. While using the Intersection, you agree to follow the Intersection Community Rules.

You agree to:

Respect other Members – please do not threaten, abuse, intimidate or harass other Site users.

Use the Intersection for your personal use only. Posting entries solely to promote your own commercial ventures is not allowed.

You agree not to:

Post any content (including comments on articles or blog pots) 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 Intersection user without his or her express consent.

Post any content to the Intersection that is unlawful, racist, libelous, defamatory, obscene, or harasses particular individuals or groups.

Post any content to the Intersection that infringes any third-party’s intellectual property or other rights.

Use the Intersection for any unlawful purpose, or transmit or otherwise make available in connection with the Intersection any material that would give rise to criminal or civil liability.

Use the Intersection for advertisements, chain letters, “spamming,” survey solicitations, junk mail or solicitations. We are not free advertising.

Impersonate any person or entity, including any CAP Action employees, or falsely state or otherwise misrepresent your affiliation with any person or entity.

Imply that CAP Action 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 Intersection, or otherwise “hack” or deface any portion of the Intersection.

Frame or mirror any part of the Intersection without our prior written authorization.

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

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 the Intersection on the condition that you attribute those materials to the Intersection, and provide a link to the website of the Intersection (www.scienceprogressaction.org/intersection). 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 the Intersection” (online)

“This material [article] was first published by the Intersection (www.scienceprogressaction.org/intersection)” (print)

The materials produced by or for the 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 the United States and other countries. All individual articles, content and other elements comprising this compilation and produced by the CAP Action are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in any materials produced by the 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 the CAP Action.

Editorial Changes Not Permitted

You may not make any editorial changes to articles or materials without first receiving express permission from the Intersection 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, the 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.

Information Available on or Through the Intersection

Much information made available on or through the Intersection is provided by the Intersection visitors or users (such information, “Third-Party Content”). The inclusion or appearance of Third-Party Content on the Intersection does not indicate any approval or endorsement by CAP Action. CAP Action 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 CAP Action has no control over these 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. CAP Action is providing these links to you only as a convenience. CAP Action has the right, but not the obligation to block links from or to the Intersection 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 CAP Action 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 Intersection should be sent to:

By Mail:

Debbie Fine, General Counsel
Center for American Progress Action Fund
10th Floor
1333 H Street, NW
Washington DC 20005

By email: copyright@amprog.org

All information provided by you or collected by us during visits to the Intersection (including when you register to become a member or sign up to use certain features) is governed by CAP Action’s 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 forums open to other site visitors or the Intersection members, this information may become public. CAP Action does not control the acts of other the Intersection visitors or members, so please be cautious when deciding to reveal personal information on the Intersection. If you believe an Intersection 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 CAP Action from its principal office in the District 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 the Intersection 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 CAP Action, in its sole discretion, may terminate your use of the Intersection 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 will not be liable to you or any third party for any termination of your access to the Intersection.

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, CAP ACTION 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 the Intersection Community Rules). Additionally, the possibility exists that a third party could make unauthorized alterations to the Intersection, Content or Services. Although we attempt to ensure the integrity of the Intersection, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which the Intersection’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 Intersection, as well as information sufficient to enable us to contact you.

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 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 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 the Intersection; (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 the Intersection 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 the Intersection 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.