Wikimedia User Group Agreement
Wikimedia User Groups are independent groups of local volunteer Wikimedians who initiate and lead innovative and creative projects, meetings, events, and programs that advance the mission of empowering and engaging people around the world to collect and develop educational content under a free license or in the public domain and to disseminate it effectively and globally.
This Agreement applies to a User Group, represented by two individual members who act as agents of that group.
A User Group receives:
A User Group and its agents must:
Note: A User Group is not formally associated with the Wikimedia Foundation in any sense other than as described in the Agreement.
User Group Agreement
The Wikimedia Foundation, Inc. (“WMF”) and you, [Name] and [Name], individually and as agents of [OFFICIAL LEGAL NAME OF USER GROUP] (“User Group”), enter this User Group Agreement (“Agreement”), as of __________________ (the “Effective Date”).
1.Support for the Mission.
- a.WMF is a nonprofit organization dedicated to empowering and engaging people around the world to collect and develop educational content under a free license or in the public domain and to disseminate it effectively and globally (the “Mission”). You and your User Group agree to mutually support this Mission.
- b. You represent that you are the contact persons and authorized representatives and agents of the User Group.
- c.You represent that your User Group will always use the name:“[AUTHORIZED NAME OF USER GROUP INCORPORATING WIKIMEDIA MARKS], an independent group of volunteer Wikimedians” (“User Group Name”), subject to the terms and conditions of this Agreement.
2.Your Rights and Privileges.
- a.Until your rights terminate, WMF grants you a royalty-free, non-exclusive, non-sublicensable, limited license to use the following Wikimedia Marks:
- i.the Wikipedia Puzzle Piece Icon set forth in Exhibit A;
- ii. any WMF trademarks appearing in the User Group Name; and
- iii.if WMF agrees, any other WMF trademarks that WMF later allows you to use.
- b.You may use the Wikimedia Marks only for the following noncommercial activities that have the primary purpose of furthering the Mission:
- i.producing brochures, printed materials, and other similar materials for events and projects of the User Group;
- ii.promoting or hosting events and projects of the User Group; and
- iii.creating T-shirts and other similar items of nominal value for the User Group.
- c. If you want to make any other use of the Wikimedia Marks, you may submit in writing to WMF a request for permission for use of other WMF trademarks (at email@example.com). Upon WMF’s approval, your use of such other WMF trademarks will be subject to the terms and conditions of this Agreement.
- d.You and your User Group may use the User Group Name when acting on behalf of the User Group. The tagline - “an independent group of volunteer Wikimedians” - may be written in English or may be accurately translated into another language. The tagline may be omitted from the User Group Name in unofficial communications when there is not enough space to include the tagline and the context clearly describes and depicts the user group as an independent group of volunteer Wikimedians.
3.Your Obligations. You and your User Group must:
- a.comply with any applicable local and national laws or regulations, including (without limitation) applicable privacy laws and practices;
- b.maintain and satisfy any necessary licenses, governmental filings, association obligations, and operational controls;
- c. comply with:
- i. all guidelines and standards established by the WMF Board of Trustees that govern user groups;
- ii.the user group requirements, which are available at: http://meta.wikimedia.org/wiki/Requirements_for_future_user_groups;
- iii.the WMF visual identity guidelines, which are available at: http://wikimediafoundation.org/wiki/Wikimedia_visual_identity_guidelines; and
- iv.the WMF Trademark Policy, which is available at: http://wikimediafoundation.org/wiki/Trademark_policy;
- d.submit, as instructed by WMF, an annual written activity report in English to the Wikimedia community and WMF; and
- e.provide WMF a copy of your government identification document, current address information, and such additional information confirming your identity as WMF may request.
4. What You May Not Do. You and your User Group may not:
- a. Engage in any illegal activity; or
- b. Use the Wikimedia Marks:
- i. for the benefit or promotion of any third party or third-party products or services;
- ii. on any goods or services offered for sale; or
- iii. in any manner that negatively affects the reputation of WMF or degrades or affects the value of any of the Wikimedia Marks; or
- c.In your capacity as an agent or representative of the User Group or as the User Group, engage in any attempt to influence legislation, or intervene in any election campaign to support or oppose any candidate for public office.
5. Acknowledgements. You acknowledge and agree that:
- a.WMF is the sole owner of all rights, title, and interest in and to the Wikimedia Marks;
- b.your rights in the Wikimedia Marks are governed solely by this Agreement;
- c.WMF has the right to monitor how you and your User Group are using the Wikimedia Marks.
6.Independence and No Partnership or Agency Relationship. The parties are independent of each other. Neither party is the partner or legal agent of the other party, and neither party may represent itself as such. You and your User Group may not speak or act for WMF.
7.Term and Termination.
- a. Unless terminated, the term of this Agreement is for a period of one year from the Effective Date and automatically renews for additional one-year terms unless either party provides written notice of its intent not to renew 30 days prior to the end of the initial term or any renewal term.
- b. This Agreement may be terminated by either party without cause upon 30-days’ written notice to the other party.
- c. You must immediately notify WMF in writing if you cease to be a member of the User Group. In its sole discretion, WMF may elect to immediately terminate this Agreement on the date that both of you cease to be members of the User Group. Alternatively, WMF may request that the User Group appoint two new agents to represent the User Group. Upon approval of such agents, WMF may allow the User Group to continue using the WMF Marks under this Agreement.
- d. Upon termination of this Agreement, all license rights granted under this Agreement terminate, and you and your User Group must immediately cease all use of the Wikimedia Marks.
8.Governing Law, Dispute Resolution, and Jurisdiction. WMF may store, transfer, or process your data in the United States. This Agreement is governed by the laws of the State of California, USA, without regard to conflict-of-laws principles. The parties must attempt to resolve all disputes through mediation. If such mediation fails, the parties must resolve any dispute concerning this Agreement, and consent to personal jurisdiction exclusively, in a state or federal court located in San Francisco County, California.
9.Limitation of Liability. In no event will either party be liable to the other party for any indirect, special, incidental, punitive, or consequential losses or damages in connection with this Agreement. You will indemnify and hold harmless WMF, its directors, officers, employees, and agents, from and against any damage, loss, cost, or liability whatsoever, including, without limitation, reasonable attorneys’ fees and court costs, arising from the activities of the User Group or your use of the Wikimedia Mark.
10.Administrative Provisions. The parties may sign this Agreement by electronic signature and in separate counterparts. This Agreement may only be amended by a written agreement signed by both parties. If one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties will renegotiate such provision in good faith. This Agreement supersedes any prior agreements and constitutes the entire agreement between the parties.
Each of the parties has signed this Agreement as of the Effective Date.
Individually and as agent for User Group
Individually and as agent for User Group
- 'The "official legal name" may refer to the name under which the group is incorporated or, if the user group is not incorporated, the name under which the group is doing business. In most cases, user groups will not be incorporated.
- One acceptable naming formulation would be: "Wikipedia Community User Group - [LOCATION], an independent group of volunteer Wikimedians." Any name needs approval from the Affiliations Committee and the WMF Legal Department.