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Contents

All registered participants in DiscoverWorks must read and accept the following as a condition of their participation

The Privacy and DMCA Notices are included by reference, as are the Guidelines

DiscoverWorks General Terms and Conditions, and Legal Notices

Basic Description of Services

a. DiscoverWorks is an information repository and exchange forum for collecting, seeking and providing information about works which may, or may not, be under copyright. We are developing DiscoverWorks as a community resource for learning more about the rights status of such works.


b. DiscoverWorks’ primary purpose is to reduce uncertainty about works .


i. What do we mean by “work”? A “work” in this sense means any creative expression which might fall under copyright in the US, for instance, if it were created today.


ii. Trademarks and useful articles, for instance inventions, are not works in this sense.

c. It is not an objective of DiscoverWorks to offer licensing services, to enable the sale of goods or services by users, or to promote works or their creators or distributors

d. DiscoverWorks is free for all participants to use

Acceptance of Terms of Use

e. Any use of the site/services is subject to these T&C, as well as privacy policy and any additional user guidelines.

f. DiscoverWorks reserves the right to modify the T&C and user agrees to be bound by any modifications

Accounts/Registration

g. DiscoverWorks requires true, accurate and complete registration information.


h. User authorizes DiscoverWorks/CCC to validate registration data, but there is no obligation for DiscoverWorks/CCC to do so


i. Notwithstanding this, user acknowledges that CCC does not guarantee the accuracy of any information regarding submitted by any user of the service, including content information or identity information.


j. Account name – not deceiving, not infringing, not offensive.


k. User is responsible for security of password and any activity that occurs on User’s account. User will notify DiscoverWorks immediately of any unauthorized use. DiscoverWorks is not responsible for losses resulting from unauthorized use but User may be responsible to DiscoverWorks or to others.


l. Age Requirements : Registered participants must be 13 or older

License to DiscoverWorks to Use User-Generated Content

o. You own whatever copyrights may be created from or previously existing in your postings, etc. But, in opting to participate with DiscoverWorks, you grant DiscoverWorks a license to exercise reuse rights in those postings, etc. in connection with the DiscoverWorks service (and you represent and warrant you have the right to grant such a license).


i. Any underlying copyrights in the content on works pages are held by its respective owners, and there is no implication of transfer or assertion of such rights.


ii. Reference to UGO Principles Statement

p. Good Faith: In initiating rights and metadata inquiries on DiscoverWorks, you are indicating and agreeing that your efforts to determine or reach the owner of the content you are inquiring about have not been successful. Similarly, in claiming or indicating rights or adding metadata, you are indicating and agreeing that you are claiming and indicating truthfully.


q. You agree to a Waiver of any claims by participants against DiscoverWorks/CCC in connection with the use by DiscoverWorks/CCC of the User content in accordance with this license.

Deletion Policy

r. Deletion by an authorized moderator/administrator only.


s. DiscoverWorks can and will delete a posting and any metadata for for any reason whatsoever and with no liability whatsoever. The following reasons are provided as solely as examples, and are not an exhaustive list:


1. Illegal/infringing material


2. Offensive/obscene material


3. Defamation or libel


4. Violation of rights of privacy/publicity


5. DMCA compliant takedown notice

Additional Intellectual Property Statements

t. Third Party Content: Content available may be provided by and/or owned by third parties – users agree to respect copyrights and no license is implied by use of the services. User accepts liability for use of any content in violation of owner’s rights.

u. Links: If you link to content on the DiscoverWorks site, you must include a prominent link back to the DiscoverWorks site

Enforcement of Policies

v. DiscoverWorks reserves the right to delete/block/ban at its discretion.


i. Participants may appeal any decision to deletion/block/ban to Moderators


w. Unlawful activity/violation of terms – DiscoverWorks reserves the right to take any action we deem appropriate and to seek any and all available remedies.

Terms of Use for Moderators

x. [TBD]

Specific Disclaimers

y. There is No guarantee of validity of information/content posted to the site and DiscoverWorks/CCC assumes no responsibility and disclaims all liability with respect to such information/content.

z. DiscoverWorks.org may contain links to third party websites or content – DiscoverWorks has no control over, assumes no responsibility and disclaims all liability with respect to such sites and their content.

aa. Anyone using the DiscoverWorks site and any information/content found here does at their own risk. You waive any claims against DiscoverWorks/CCC arising from or relating to your use of the site or any third party site or content accessible through a link posted to the site.


bb. DiscoverWorks is a service provider, and as such has no obligation to edit, monitor, screen, delete or block but reserves the right to do so at our discretion.

cc. Nothing posted to the site will be treated as confidential (except personal user registration information, if collected).

dd. The site and its contents do not constitute legal or professional advice.

ee. There may be objectionable content posted to the site. The DiscoverWorks community and Moderators may mitigate such content, but participants ought not have any expectation that it will or can be avoided altogether. Examples include:


i. Profanity/obscene material

ii. Culturally sensitive/restricted content

iii. Depictions of violence/human anatomy

iv. Content that may trigger disorders (e.g., post-traumatic stress; seizures) v. Graffiti (i.e., on postings)

vi. Errors

ff. The site and service are provided on “as is” basis -- no rep that the service or any content is error free, virus free, without interruption or reliable – DiscoverWorks/CCC has no liability for this – we reserve right to change any aspect or eliminate the entire service or any part thereof.

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e. Governed under MA law and submission to jurisdiction in Massachusetts

f. Service controlled and operated by DiscoverWorks/CCC from MA, USA, and DiscoverWorks/CCC makes no representation that any aspect of the service is appropriate or available for use outside the US.

i. Assignment User may not assign their rights under this agreement; CCC/DiscoverWorks can assign this agreement or any of its rights hereunder to an affiliate or successor

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