From DiscoverWorks.org
DiscoverWorks.org Terms and Conditions of Use
Effective: November 11, 2007
Welcome to DiscoverWorks.org.
By using this website, you accept these terms and conditions of use and any policies, guidelines (including without limitation the DiscoverWorks Intellectual Property Policy, Privacy Policy and User Guidelines and amendments hereto and thereto that DiscoverWorks may adopt from time to time (collectively, the “Terms of Use”). Please read them carefully. If you do not agree to any of the Terms of Use, you may not use this website.
WEBSITE AND SERVICES
1.1 This website, including all of its features and content and any upgrades or modifications thereto (the "Website"), is a service made available to you by DiscoverWorks.org or its affiliates (“DiscoverWorks”). These Terms of Use apply to all users of the DiscoverWorks Website, including users who are also contributors of content, information, and other materials or services on the Website. DiscoverWorks may, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version, which DiscoverWorks will make available at the following URL: http://www.discoverworks.org/wiki/index.php?title=DiscoverWorks.org:Terms_of_Use.
1.2 DiscoverWorks allows any registered user of this Website to submit and alter the content found here. Therefore, while it is our goal to provide users of this Website with reliable and useful information regarding Works, please be advised that we make no warranty that any of the information found here is complete, accurate or reliable. This Website is offered as a service to users on an AS IS, AS AVAILABLE and WITH ALL FAULTS basis, and your use of this Website or its contents or of any materials linked to from this Website is at your own risk. DiscoverWorks disclaims all responsibility and liability for the availability, timeliness, security, accuracy or reliability of the Website, its contents or related services. DISCOVERWORKS IS NEITHER A LAWYER NOR A LAW FIRM, AND THE WEBSITE AND ITS CONTENTS ARE NOT INTENDED TO AND DO NOT CONSTITUTE LEGAL ADVICE. No attorney-client relationship is formed between you and DiscoverWorks or any DiscoverWorks employee, representative, mediator or other contributor to this Website.
1.3 The Website contains links to third party websites that are not owned or controlled by DiscoverWorks. DiscoverWorks assumes no responsibility for the content, policies or practices of any such third party site. By using the Website, you expressly relieve DiscoverWorks from any and all liability relating to your use of any third party website.
1.4 You are responsible for obtaining access to the Website and any associated third party fees (such as Internet service provider or airtime charges). You are also responsible for obtaining all equipment necessary to access the Website and any associated costs.
1.5 DiscoverWorks reserves the right to modify, suspend or discontinue the Website or related services with or without notice at any time and without any liability to you. DiscoverWorks further reserves the right to refuse access or service to anyone at any time without notice for any reason.
TYPES OF CONTENT AND USER PAGES
2.1 There are three types of content that may be found on the Website: Works Content, User Content and Site Content. These are sometimes referred to collectively as “Content.”
• “Works Content” means that portion of a Work or Works, including, for example, a “thumbnail” of an image or “clip” or “snippet” of an audio or video file, which is uploaded or submitted to the Website by a registered user of the Website for purposes of allowing (a) the relevant Work(s) to be identified, and (b) rights status and other pertinent information regarding such Work(s) to be shared among users of the Website. As used herein, “Work(s)” means a work of authorship that falls within the subject matter of copyright. Works may include, by way of example and not limitation: books, poems and other textual works; sound recordings; motion pictures and other audiovisual works; textiles; sculptures; and paintings, illustrations and other graphic works.
• “User Content” means content, other than Works Content, that is uploaded or submitted by a registered user of the Website, including without limitation any metadata, user comments or other information regarding a Work, as well as any information or other content posted by a user on his or her Creator Page (as defined below). Works Content and User Content are sometimes referred to collectively as “User Submissions.”
• “Site Content” means content on the Website other than User Submissions, including without limitation any text, software, scripts, graphics, animation, audio, interactive features, trademarks, service marks, logos and the like.
2.2 In addition, there are two types of user pages that may be created on the Website: Creator Pages and Works Pages.
• “Creator Page” means a personalized web page which DiscoverWorks allows a registered user to create on the DiscoverWorks Website for purposes of providing information about or relating to such user.
• “Works Page” means a Work-specific web page which is created on the DiscoverWorks Website for purposes of allowing users of the Website to share rights status and other pertinent information regarding the relevant Work.
ACCOUNTS, REGISTRATION AND SECURITY
3.1 While all users of the Website are free to browse and view its contents, you must establish an account to use the Website to create a Creator Page or Works Page(s) or to upload, submit or edit any Content. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the DiscoverWorks registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if DiscoverWorks has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DiscoverWorks may suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You authorize DiscoverWorks, directly or through third parties, to make any inquiries we consider necessary to confirm your Registration Data. Notwithstanding the foregoing, you acknowledge that DiscoverWorks has no obligation to validate any Registration Data and does not and cannot guarantee the accuracy of any information submitted by any user of the Website, including any identity information. DiscoverWorks will use personal information included in your Registration Data only in accordance with these Terms of Use, including the DiscoverWorks Privacy Policy
3.2 You must be at least 13 years of age to use the Website. DiscoverWorks is concerned about the safety and privacy of children, so we do not allow registration by or otherwise collect any personal information from children under the age of 13. If you are a user aged 13 to 17, you represent that (i) you are at least 13 years of age and less than 18 years of age; (ii) you have read and accept these Terms of Use; (iii) your parent or legal guardian has consented to your registration on and use of the Website, and to providing the information requested for your account; and (iv) your parent or legal guardian has read and accepted these Terms of Use. DiscoverWorks makes no representation and cannot ensure that any users of the Website will not provide content or access to content that children, parents or guardians may find inappropriate or that any user of the Website may find objectionable. If you are over 18 years of age, you represent that you are an adult 18 years of age or older.
3.3 You must choose a username and account password as part of the registration process to access and use the Website. You may not select as your username a name that (a) violates any trademark right, copyright, or other proprietary right, (b) may mislead other users to believe you to be an employee or affiliate of DiscoverWorks or that otherwise misrepresents your identity or affiliation with any person or entity or (c) DiscoverWorks deems in its discretion to be vulgar or otherwise offensive. DiscoverWorks reserves the right to delete or change any username for any reason or no reason whatsoever. You are fully responsible for all activities conducted through your account or under your username. You are also responsible for maintaining the confidentiality of your password. At no time should you respond to an online request for a password other than in connection with the registration or log-on process to the Website. You may not transfer your account to any third party and your disclosure of your password to any other person is entirely at your own risk. To protect against a breach of security, you should sign off your account after each use. You agree to immediately notify DiscoverWorks of any unauthorized use of your username or password or other breach of security. DiscoverWorks cannot and will not be liable for any loss or damage arising from your failure to comply with these security measures, but you may be responsible to DiscoverWorks or to third parties for any losses we or such third parties incur as a result thereof.
3.4 DiscoverWorks has the right at any time for any reason or no reason to suspend or terminate your account and/or refuse any and all current or future use of the Website without notice or liability to you. Even after your account has been terminated, your account information and other information submitted by you to the Website may be retained and used in accordance with these Terms of Use, including without limitation our Privacy Policy
3.5 You understand and agree that DiscoverWorks or its moderators may contact you from time to time by email in connection with your account, the DiscoverWorks Website or other DiscoverWorks products or services.
YOUR USE OF THE WEBSITE
4.1 Subject to these Terms of Use, DiscoverWorks grants you a non-exclusive, non-transferable, fully revocable, limited license to access and use the Website. Except as expressly stated herein, nothing in these Terms of Use, or on the Website, shall be construed as granting you any other rights or privileges of any kind with respect to the Website or to any Content.
4.2 You agree that your conduct on the site will comport with the User Guidelines, which may be updated from time to time. Without limiting the foregoing, you agree that you will not upload a larger portion of a Work to the Website than is reasonably necessary to allow other users of the Website to identify the relevant Work for the intended purposes of the Website.
4.3 You agree that you will use the Website in compliance with all applicable local, state and national laws, rules and regulations, including all United States export control laws and any other laws regarding the transmission of technical data exported from your country of residence.
4.4 You agree not to use the Web Site to: (a) upload, post, email, transmit or otherwise make available any User Submission that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that would constitute or encourage a criminal offense, or give rise to liability or violate any local, state or federal law, the regulations of the U.S. Securities and Exchange Commission or any similar agency in any other country, or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally;
(b) impersonate any person or entity, including, but not limited to, a DiscoverWorks employee or moderator of the Website, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) upload, post, email, transmit or otherwise make available any User Submission that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(d) upload, post, email, transmit or otherwise make available any copyrighted content of others except in a good faith effort to identify the copyright owner(s) and/or rights status of the underlying Work and in accordance with these Terms of Use;
(e) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except as expressly permitted under these Terms of Use;
(f) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of this Website, any computer software or hardware or telecommunications equipment;
(g) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(h) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(i) alter or modify any part of the Website except as expressly permitted under these Terms of Use;
(j) circumvent, disable or otherwise interfere with security-related features of the Website; or
(k) download or replicate, through the use of a software program or otherwise, all or any substantial portion of the Content on the Website.
4.5 In addition to the foregoing, you agree not to use the Website or any Site Content for any prohibited commercial use. Prohibited commercial uses include any of the following actions taken without the express approval of DiscoverWorks:
(a) sale of access to or use of the Website, any Site Content or any portion thereof on another website; or
(b) use of the Website for the primary purpose of gaining advertising or subscription revenue.
For clarity, prohibited commercial uses do not include submitting a User Submission to the Website, or providing or using information regarding any Work in order to facilitate a potential commercial transaction with respect to such Work, in each case in accordance with these Terms of Use.
4.6 You agree not to use or launch, without the prior written consent of DiscoverWorks, any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the DiscoverWorks servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, DiscoverWorks grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. DiscoverWorks reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including names, from the Website, nor to use the communication systems provided by the Website (e.g., comments) for any commercial solicitation purposes except as expressly authorized under these Terms of Use or otherwise by DiscoverWorks.
4.7 Your correspondence or business dealings with other users or other third parties found on or through the Website, including, without limitation, any licensing or other transactions with respect to Works, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant third party. You agree that DiscoverWorks shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
YOUR USE OF CONTENT
You may access DiscoverWorks Content only as permitted under these Terms of Use. In addition to the general restrictions above regarding use of the Website, the following restrictions and conditions apply specifically to your use of Content on the DiscoverWorks Website:
5.1 The Site Content is owned by or licensed to DiscoverWorks, subject to copyright and other intellectual property rights under the law. Site Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of DiscoverWorks. DiscoverWorks reserves all rights not expressly granted in and to the Website and the Site Content.
5.2 User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the Website. DiscoverWorks provides access to User Submissions as a service to users, and does not endorse, and disclaims all liability in connection with, any User Submission or any opinion, recommendation, or advice expressed therein. User Submissions are made available AS IS, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under these Terms of Use, except with the authorization of DiscoverWorks or the rightsholder, as applicable.
5.3 You understand that, when using the Website, you will be exposed to Content from a variety of sources, and that DiscoverWorks is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Your access to, reliance on or use of any Content (including, without limitation, User Submissions) is entirely at your own risk. You agree to waive, and hereby do waive, any legal or equitable claims, rights or remedies you have or may have against DiscoverWorks with respect thereto.
USER SUBMISSIONS
6.1 Subject to these Terms of Use, including the limitations described in the DiscoverWorks User Guidelines registered users of the Website may submit User Submissions in various formats. Without limiting the foregoing, you agree to upload no larger portion of a Work to the Website than is reasonably necessary to allow other users of the Website to identify the relevant Work for the intended purposes of the Website. DiscoverWorks reserves the right to refuse to accept, post, display or transmit any User Submission in its sole discretion. You agree that DiscoverWorks has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Submissions or other communications. DiscoverWorks retains the right to create limits on use and storage at our sole discretion at any time, with or without notice.
6.2 Subject to these Terms of Use, you will retain any and all applicable copyright and other intellectual property rights with respect to any User Submissions you create or submit using the Website, to the extent you have such rights under applicable law. Notwithstanding the foregoing, you agree that by posting or submitting User Submissions for use on the Website, you automatically grant (to the extent that you have the right to grant) to DiscoverWorks a royalty-free, fully paid-up, worldwide, perpetual, irrevocable, non-exclusive right and license (with right to sublicense) to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such User Submissions in connection with the DiscoverWorks Website and the business of DiscoverWorks (and its successors and affiliates), including, without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each other user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, modify, adapt, display, perform, translate, create derivative works from and distribute such User Submissions only to the extent permitted through the functionality of the Website and under these Terms of Use, including, without limitation, the User Guidelines; provided that no user may download or replicate, through the use of a software program or otherwise, all or any substantial portion of the Content on the Website.
You agree that you are not entitled to any compensation or reimbursement of any kind from DiscoverWorks or other users of the Website under any circumstances in connection with the licenses granted herein. You further agree that you shall have no recourse against DiscoverWorks for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us or any User Submissions you upload or submit.
6.3 With respect to all Works Content you submit, to the extent you do not have the right to grant the licenses described in Section 6.2, you hereby represent and warrant that you are submitting such Works Content in a good faith effort to identify the copyright owner(s) and/or rights status of the underlying Work, and you hereby covenant that you will not submit any such Works Content except in such good faith effort. With respect to all other User Submissions that you submit, you hereby represent and warrant that you have the right to grant the licenses described in Section 6.2. You agree that, except as described above, you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DiscoverWorks all of the license rights granted herein.
6.4 You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to User Submissions hereunder; (ii) you are solely responsible for, and DiscoverWorks will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Website, including without limitation any legal consequences relating to your intellectual property rights or the intellectual property rights of any third party; and (iii) the acknowledgement by DiscoverWorks hereunder of your intellectual property rights in User Submissions does not constitute a legal opinion or legal advice, but is intended solely as an expression of its intention not to require users of the Website to forego certain intellectual property rights with respect to User Submissions they create or submit using the Website, subject to these Terms of Use.
6.5 DiscoverWorks has no obligation to edit, monitor or screen User Submissions, and DiscoverWorks is not responsible for such User Submissions or any content linked to or from such User Submissions. Notwithstanding the foregoing, DiscoverWorks reserves the right to examine User Submissions from time to time and to edit, modify or remove any User Submissions in its sole discretion, without notice and for any reason whatsoever, including without limitation any allegation or determination that such User Submission is infringing or otherwise in violation of law, invasive of privacy or publicity, offensive, obscene, libelous, harassing or otherwise in violation of these Terms of Use. Without limiting the foregoing, DiscoverWorks does not permit copyright infringing activities and infringement of other intellectual property rights on its Website, and DiscoverWorks will remove all User Submissions in accordance with the DiscoverWorks Intellectual Property Policy, if properly notified that such User Submission allegedly infringes on another's intellectual property rights.
6.6 You understand that whether or not any User Submission is published, DiscoverWorks is a public forum and does not guarantee confidentiality with respect to any User Submissions, including any User Submissions posted on your Creator Page. You further understand that DiscoverWorks will retain and store User Submissions as part of the “history” with respect to Works Content, and such stored User Submissions may be available to users of the Website even if they are deleted from the relevant Works Page. Your agreement to these Terms of Use constitutes your consent to allow DiscoverWorks to store and make available these User Submissions.
6.7 You understand and agree that other users of the DiscoverWorks site may from time to time edit, modify or delete all or a portion of your User Submissions, just as you may edit, modify or delete other users’ User Submissions. Any editing of User Submissions should be done in accordance with the User Guidelines, but DiscoverWorks makes no guarantee that other users will adhere to the User Guidelines. In the event of a dispute regarding any User Submission or any action taken by another user with respect to any User Submission, DiscoverWorks reserves the right but shall have no obligation to enforce these Terms of Use and take such actions as it deems appropriate with respect to such dispute. Without limiting the foregoing, DiscoverWorks has no obligation to and will not act as a mediator or arbitrator with respect to any dispute between or among users of the Website or any related services.
6.8 You may choose to submit, post, and display User Submissions with respect to which you have the right to license the underlying Work on or through the Website under a public license (such as a Creative Commons license). However, DiscoverWorks is not a party to any such public license or any other license between you and any third party, and DiscoverWorks and other users of the Website may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your User Submissions or (b) these Terms of Use.
INTELLECTUAL PROPERTY AND TAKEDOWN; RESPONSE PROCEDURES
7.1 DiscoverWorks respects the intellectual property rights of others and does not permit infringement of copyright or other intellectual property rights on its Website. It is our policy to respond promptly to notices of alleged infringement that comply with the United States Digital Millennium Copyright Act or other applicable law and to terminate the accounts of repeat infringers. For more information, please consult our Intellectual Property Policy,
7.2 In addition to our policy with respect to infringement, it is our policy to respond quickly to any complaints of defamation, invasion of privacy, harassment, and other alleged violations of these Terms of Use or of the law that take place on the Website. We encourage you to notify us immediately of any such complaint to moderator@discoverworks.org and allow us to remedy the situation, rather than threaten legal action.
7.3 DiscoverWorks reserves the right to decide whether any User Submission is appropriate and complies with these Terms of Use in connection with potential violations of law or of the rights of others other than copyright infringement, such as, but not limited to, pornography or obscene or defamatory material. DiscoverWorks also reserves the right to decide whether any User Submission complies with the spirit of these Terms of Use, such as, but not limited to, excessive length or the posting of excessive portions of a Work. In addition to any other remedies described herein, DiscoverWorks may remove such User Submissions and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and in our sole discretion.
ENFORCEMENT OF POLICIES
8.1 DiscoverWorks reserves the right to investigate complaints or reported violations of these Terms of Use or other applicable terms and conditions, and to take any action we deem appropriate, including but not limited to editing or deleting all or any part of User Submissions, removing or disabling Works Pages or Creator Pages, suspending or terminating User accounts, blocking access to the Website, reporting any suspected unlawful activity to law enforcement officials, regulators or other such third party officials and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information, and pursuing all other remedies available at law and in equity.
8.2 In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.
PRIVACY
9. As a condition of using the Website, you agree to the terms of the DiscoverWorks Privacy Policy which may be updated from time to time, as expressed in the most recent version that exists at the time of your use Privacy PolicyYou agree that DiscoverWorks may access or disclose your personal information, including the content of your communications, if DiscoverWorks is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the DiscoverWorks Privacy Policy Personal information collected by DiscoverWorks may be stored and processed in the United States or any other country in which DiscoverWorks or its agents now or hereafter maintain facilities. By using the Web Site, you consent to any such transfer of information outside of your country.
ERRORS AND CORRECTIONS
10. DiscoverWorks does not promise that this Website or any Content is or will be error-free, or free of viruses or other harmful components, that defects will be corrected or that it or they will always be accessible. DiscoverWorks does not promise that any Content is or will be correct, accurate, timely, or otherwise reliable. DiscoverWorks may make improvements and/or changes to the Website, its features, functionality or Content at any time.
ATTORNEY ETHICS NOTICE
11. If you are an attorney participating in any aspect of this Website, including but not limited to comments sections or message boards, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed ("Rules") apply to all aspects of your participation and you agree that you will abide by those Rules. Those Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law and misrepresentations of fact. DiscoverWorks disclaims all responsibility for your compliance with those Rules. You further agree and acknowledge that, when you participate in any interactive area on this Website, including but not limited to the Works Pages and your Creator Page, you will not offer legal advice, but will only provide general information.
DISCLAIMER
12. THIS WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE, WITH ALL FAULTS" BASIS. DISCOVERWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMAN-LIKE EFFORT AND NON-INFRINGEMENT.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEBSITE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
13. DISCOVERWORKS IS NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR RELIANCE ON THIS WEBSITE, THE CONTENT, ANY INTERACTIVE AREAS OF THIS WEBSITE OR ANY FACTS, OPINIONS OR OTHER INFORMATION APPEARING OR LINKED TO ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, DISCOVERWORKS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (a) THE USE OF OR INABILITY TO USE THIS WEBSITE, THE CONTENT OR ANY PORTION THEREOF, (b) THE USER SUBMISSIONS, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, (c) ANY THIRD PARTY WEB SITES, OR ANY CONTENT THEREIN, THAT ARE ACCESSED DIRECTLY OR INDIRECTLY THROUGH THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS THEREIN OR OMISSIONS THEREFROM, (d) ANY CORRESPONDENCE OR BUSINESS DEALINGS BETWEEN YOU AND OTHER USERS OR THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LICENSING OR OTHER TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT TO WORKS, (e) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (f) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, (g) ANY INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE CONTENT ON THE ONE HAND AND ANY OTHER SERVICE, SOFTWARE OR HARDWARE ON THE OTHER HAND, (h) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT, (i) ANY DELAYS OR FAILURES YOU MAY HAVE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS WITH DISCOVERWORKS OR ANY OTHER PERSON IN AN ACCURATE OR TIMELY MANNER, OR (j) ANY CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER TORT, ALL REGARDLESS OF WHETHER THIS REMEDY FULLY COMPENSATES YOU FOR ANY LOSSES OR WHETHER DISCOVERWORKS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE SOLE OBLIGATION OF DISCOVERWORKS TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or other damages, so the above limitations or exclusions may not apply to you. You agree that any claim related to these Terms of Use may not be brought more than one (1) year after the earliest time that such claim may accrue, after which time such claim is permanently barred, whether made by you or by your lawful successors.
The Website is controlled and offered by DiscoverWorks from its facilities in the United States of America. DiscoverWorks makes no representations that the DiscoverWorks Website is appropriate or available for use in other locations. Those who access or use the DiscoverWorks Website from other jurisdictions do so at their own volition and at their own risk and are responsible for compliance with local law.
INDEMNIFICATION
14. You hereby indemnify and agree to defend and hold harmless DiscoverWorks, its affiliates, and their respective officers, directors, employees, agents, and users, and any third party information providers to this Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting or arising from (a) any violation of these Terms of Use by you or occurring under your account, (b) all matters relating to your use of, access to and/or reliance on the Website, the Content or any content or materials accessible through the Website, (c) any correspondence or business dealings between you and any third party found on or through the Website, including without limitation any licensing or other transaction between you and a third party with respect to a Work, or (d) any claim that one of your User Submissions caused damage or loss to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the DiscoverWorks Website.
THIRD PARTY RIGHTS
15. The provisions of paragraphs 12 (Disclaimer), 13 (Limitation of Liability), and 14 (Indemnification) are for the benefit of DiscoverWorks and of each of the other persons listed in paragraph 14. You agree that each of these individuals or entities has the right to assert and enforce those provisions directly against you on his, her or its own behalf. Except as expressly provided herein, there shall be no third party beneficiaries to these Terms of Use.
GOVERNING LAW AND JURISDICTION
16. By visiting and using the Website, you agree that the laws of the State of New York, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute between you and DiscoverWorks. Further, you agree that jurisdiction over any action arising out of or relating to these terms is exclusively in the state or federal courts located in New York County, New York, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
WAIVER AND SEVERABILITY OF PROVISIONS
17. The failure of DiscoverWorks to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use incorporate by reference any notices contained on this Website, the DiscoverWorks Privacy Policy and User Guidelines, and the terms and conditions applicable to each of the other services of DiscoverWorks offered through or in connection with the Website. Altogether they constitute the entire agreement between you and DiscoverWorks with respect to access to and use of this Website and the Content. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with other specific DiscoverWorks service terms and conditions that are applicable to the circumstances, then that provision of these Terms of Use shall be deemed severable from the remaining provisions and shall not affect the latter's validity or enforceability.
ASSIGNMENT
18. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DiscoverWorks without restriction.
VIOLATIONS
19. Please report any violations of these Terms of Use to DiscoverWorks at moderator@discoverworks.org
BlogMarks
del.icio.us
digg
Fark
Furl
Newsvine
reddit
Segnalo
Simpy
Slashdot
smarking
Spurl
Wists
