Progress Wiki

 
 

 TERMS OF SERVICE

Progress Wiki (the “Wiki”) is a website maintained by stac labs, inc. (“stac”) that serves as a means of sharing and managing knowledge among state Democratic Party committees (“State Parties”) and by the State Parties with other selected organizations in the Democratic Party structure and/or progressive movement including national party committees, data collaboratives and research entities, vendors and others . By utilizing or participating in Progress Wiki, each State Party or  other entity given access to the Wiki  (“Member”)  and their respective individual users (each such user being referred to as “End User”) agrees to be bound by these Terms of Service.  

Stac reserves the right to modify these Terms of Service from time so each End User is encouraged to check this page when visiting the  Wiki.

Each Member is legally responsible for ensuring compliance by its End Users with these Terms of Service. 

  1. Membership; Access to Wiki 

The rights of each Member to participate in the Wiki are determined by the membership level of that Member. Each Member is informed of its membership level when access to the Wiki is granted.  Requirements for each level will be provided by stac separately, upon request.  If a Member is a:

  • Partner—the Member will have certain rights to participate in the governance of the Wiki and in determining the roadmap for further development and modification of the Wiki.  Those rights are set out in the Governing Partners Agreement which will be made available to all Partners.  Partners will have the access to the Wiki granted to Sponsors as set out below.

  • Sponsor—the Member will be able to grant access to the Member’s staff and the authorized staff  and volunteer leadership of formally affiliated or subsidiary organizations, including local party committees and organizations that are recognized as part of the State Party structure or represented on the State Party central committee. The Member and authorized End Users of those organizations will have their own Private Area (as described below) as well as full access to the Community Area; will be given priority in posting of content to the Community Area; and will be kept informed of the development of the road map.

  • Collaborator—the Member will be able to grant access to the Community Area of the Wiki, to the Member’s staff and the authorized staff  and volunteer leadership of formally affiliated or subsidiary organizations, including local party committees and organizations that are recognized as part of the State Party structure or represented on the State Party central committee. The Member will have its own Private Area for its own staff  and volunteers. 

  • Other Members—will be able to give access to the Community Area to Member’s own staff and volunteers; and will have its own Private Area for its own staff and volunteers.

Each Member is responsible for ensuring that no individual is given access to the Wiki or to a Private Area by the Member unless the Member is authorized to grant that individual access based on the level of membership.  Granting any individual unauthorized access to the Wiki will constitute grounds for revoking the Member’s right to participate and have access to the Wiki. 

2. Member Administrator

Each Member must appoint an Administrator, who will be given credentials to post content to the Community Area and to the Member’s Private Area.  The Administrator will obtain and distribute credentials to authorized End Users to allow them to post content to the Member’s Private Area.

Each Member must ensure that its Administrator refrains from attempting to access any other Member’s Private Area.

Stac will have the right to deny any Administrator access to Administrator privileges with respect to the Wiki if in stac’s sole judgment, the Administrator has violated these Terms of Use or taken any other actions that would create potential legal or financial liability for stac or the Members of the Wiki. 

3. Community Area

The Community Area is an area of the Wiki that will be viewable by all Members and their authorized End Users.  Appropriate postings to the Community Area include training materials, reference materials, descriptions and sample materials for best practices in State Party programs and operations, campaigns and campaign technology. 

The Community Area will be accessible to certain Members who may be non-party organizations or entities that engage in  making independent expenditures.  For that reason,  Members and their End Users are prohibited from posting to the Community Area any non-public information about the strategy, plans, projects, activities or needs of a State Party or any candidate or candidate committee, including without limitation non-public information about:

  • Messaging strategy

  • Targeting of voters for a particular campaign or coordinated campaign

  • Polling or opinion research results

4. Private Area

Each Member has the ability to create a Private Area on the Wiki that is accessible only to the Member, its own paid staff and volunteer End Users , and other End Users depending on the level of membership as explained above.  The Member and Member Administrator must ensure that only authorized End Users are given credentials to post content to the Private Area.

5. Restrictions on and Moderation of Content—All Areas   

All written, graphic, visual, audio, and audiovisual content created by or for any Member or End User and posted to the Wiki, as “User Created Content.”

No Member shall post, or permit any End User to post, no Member Administrator shall permit the posting of, and no End User shall post, link, or otherwise transmit or create, to or on any area of the Wiki,  any User-Created Content that: 

  • promotes and/or encourage illegal or unlawful activity; 

  • is defamatory, libelous, or slanderous in nature; 

  • advocates hate, violence, abuse, threats, or harm against any group, individual or entity; 

  • harasses or encourage others to harass any group, individual or entity;

  • is racially, ethnically, or otherwise objectionable; 

  • is vulgar, obscene, profane, pornographic, and/or otherwise offensive in nature; 

  • discloses third-party confidential, private or trade secret information; 

  • violates any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 

  • is patently offensive under a community standard that stac labs deems appropriate. Examples include content that is pornographic or that promotes racism, bigotry, hatred, or physical harm of any kind. 

In addition, stac reserves the right to moderate content and remove content that violates additional standards and guidelines that the Partners may establish and modify from time to time.  Such additional standards and guidelines will be added to  these Terms of Service as they are established by the Partners. 

6. Rights to  Posted Content; Third Party Rights

All User Created Content must be original.  A Member/End User  may incorporate in User Created Content a link to a media or other third party website.  However the user may not embed any third party content in their  User Created Content,  A Member or End User  may not post content that infringes upon or violates any third party rights, including intellectual property rights, privacy rights or publicity rights of others, including posting or providing links to unauthorized copies of another party's copyrighted work;

Each End User agrees not to  incorporate into any User-Created Content, or otherwise post on or through the Wiki, any material, writing, visual work, audio work, audiovisual work, symbol, logo, trade name, or data of any kind in which any third party has a copyright, trademark or other rights without obtaining the prior express written consent of the owner of such proprietary rights. 

Each user who creates content retains the copyright in their User Created Content.  However, by posting any User Created Content in the Community Area,, the End User and Member agree  to grant (i) to stac a perpetual royalty-free license to use, display and reproduce the User Created Content in the Community Area and (ii) to each other Member, the right to use, display and reproduce the User Created Content for its own internal staff and volunteer training and in its own materials used for its own programs and operations. 

7. DMCA Policy 

stac  respects the intellectual property rights of others and expects all users  of the Wiki to respect them as well. If any person believes their copyrights or other intellectual property rights have been infringed or otherwise violated by any content posted on the Wiki, please provide stac's  Copyright Agent the following information (your "Notice of Claim") via e mail to wiki@staclabs.io : 

  1. the signature (physical or electronic) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  2. a description of the copyrighted work or other intellectual property you claim has been infringed;

  3. a description of where on the Wiki the material you claim is infringing is located;

  4. your name, address, telephone number and email address;

  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

  6. a statement by you, made under penalty of perjury, that the above information in your Notice of Claim is accurate, and that you are the copyright owner or intellectual property owner, or are authorized to act on the copyright or intellectual property owner's behalf.

At any time that stac becomes aware that any stac-created or User-Created Content infringes the copyright of a third party, stac will remove that  content from the Wiki as required by law.  If you believe that stac has removed any content in error and that you are the copyright owner of such content or have permission to use it, you can file a counter notice and let us know.

Any user of the Wiki determined to have infringed the copyright of any third party on three or more occasions will have their access to the Wiki terminated.   Users with suspended or terminated accounts are prohibited from using the Wiki.  

8. Limitation of Liability 

stac has the right, but not the obligation , to remove content that violates  these Terms of Use.  stac makes no warranty or representation to you or any user of the Wiki, as to the accuracy, integrity, and quality of any information, guidance, instruction or advice provided by stac, any Member or End User in or through the Wiki.  Each Member and End User agrees  that stac has not legally warranted or represented that any particular results will be achieved by following such information and guidance, and  that anyone with access to the Wiki  must evaluate, and bear all risks associated with, the use of any such information and guidance.

stac assumes no responsibility for any error, omission, interruption, deletion, defect,  delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. stac is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Wiki or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Wiki. 

Under no circumstances will stac be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone's use of the Wiki, any User-Created Content posted on the Wiki or transmitted to users, or any interactions between users of the Wiki, including Members and End Users,  whether online or offline. 

Any services, tools, or applications offered through the Wiki (the “Services”) are provided "AS-IS" and (to the extent legally permitted) stac expressly disclaims any warranty of fitness for a particular purpose or non-infringement, and further expressly disclaims any implied warranty and terms and conditions. stac cannot guarantee and does not promise any specific results from use of the Wiki and/or the Services.

Except where restricted or prohibited, in no event will stac be liable to any Member, End User or  third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits arising from  use of the Wiki even if stac has been advised of the possibility of such damages. 

 Each Member hereby agrees to defend, indemnify and hold harmless stac and its officers, directors, agents and  employees, from all damages, liabilities, claims, and expenses, including without limitation attorneys' fees and costs, arising from any breach of these Terms of Use by such Member and/or its authorized End Users,  or from or based on their  use of the Wiki and, any action or inaction by them in connection with the deletion, alteration, transfer, or other loss of User-Created Content , status or other data.

Without limiting the generality of the preceding sentence, each Member and Member’s authorized End User agrees to indemnify and hold stac harmless from and against all claims, costs, loss, and damages of any kind (including reasonable attorneys fees and expenses) arising from or based upon any claim that any User-Created Content posted or displayed on or through the Wiki by the End User infringes the copyright or intellectual property rights of any third party.

9. Law Governing

These Terms of Use will be governed by and construed in accordance with the laws of the District of Columbia,  without regard to its conflict of law rules.  Any action to enforce or arising under these Terms of Use will be brought only in the federal or state courts of the District of Columbia and each Member and user of the Wiki consents to the exercise of personal jurisdiction by such courts in any such action.