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User Agreement
Welcome, and thank you for using Sourceable! When you use our products and services, you agree to our terms, so please take a few minutes to read the terms and conditions below. Note: You enter into a legally binding agreement. Last revised on June 1, 2013
1. Introduction
About Us and This Agreement We are a social network for professionals
A. Purpose The mission of Sourceable is to connect the professionals of the world to enable them to be more productive and efficient. To achieve our mission, we provide services through our website, mobile applications and development platform to help you connect, exchange ideas, learn, close deals, find opportunities or opportunities. employees, work and make decisions in a network of relationships and trusted groups. When you use Sourceable, you enter into a legal agreement and you agree to all of these terms. You also agree to our Privacy Policy, which covers how we collect, use, share and store your personal information.
B. Scope and Intent You agree that by registering yourself on Sourceable, or by using our website, including our mobile applications, developer platform, premium services or other information provided as part of the Sourceable services ( Collectively "Sourceable" or "Services" "), You enter into a legally binding agreement with Sourceable PO Box 6257 Chapel Street North South Yarra Victoria, Australia 3141 (" we "," us "," our ", and" sourceable ") based on the terms of this Sourceable User Agreement and Privacy Policy which is hereby incorporated by reference (collectively, referred to as the "Agreement") and becomes a likely member of 39; be called ("member"). If you use Sourceable on behalf of a business or other legal entity, you are nevertheless individually bound by this agreement, even if your company has a separate agreement with new If you do not want to register an account and become a Sourceable Member, do not enter this Agreement, do not click on "Sign In Now" and do not access, view, download or use any other web page, information or services. By clicking on "Register Now" (or "Join Sourceable" or similar), you acknowledge that you have read and understand the terms and conditions of this Agreement and agree to be bound by all of its terms. By clicking on "Sign Up Now", you also agree to use electronic signatures and acknowledge your click on the "Sign Up Now" button. Please note that the source user agreement and the privacy policy of are also referred to as the "Terms of Use" of Sourceable.
2. Your obligations
Some promises you make us in this agreement: You will follow the law and the rules of Sourceable.
A. Applicable Laws and This Agreement You must comply with all applicable laws and this Agreement, as amended from time to time with or without notice, as well as the policies and processes described in the following sections. :
- Complaints about content posted on the data source website; and
- Sourceable Privacy Policy
You are granting us a license for the information you provide to us.
B. License and Warranty for Submissions to Sourceable You own the information you provide under this Agreement and may request removal at any time unless you have shared information or content with others. and that they did not delete it. copied or stored by other users. In addition, you grant Sourceable a non-exclusive, irrevocable, worldwide, perpetual, unlimited, badignable, sublicensable, fully and royalty-free right to copy, prepare derivative works, improve, distribute, publish, delete, retain, add, process, badyze, use and commercialize, in any manner now or in the future discovered, any information you provide, directly or indirectly to Sourceable, including, but not limited to, any content, ideas, concepts, techniques and / or data to the services, you submit to Sourceable, without further consent, notice and / or compensation to you or to third parties. Any information you submit to us is at your own risk. By providing us with information, you represent and warrant that you have the right to submit the information and that the information is accurate, non-confidential and does not violate any contractual restrictions or other rights of third parties. It is your responsibility to keep your Sourceable profile information accurate and up-to-date. You are eligible for this contract and you are at least our "minimum age" The information you provide is true.
C. Eligibility for Service In order to use the service, you must meet the following criteria and be able to declare and guarantee that you: (1) are the minimum age [ "(defined below) or older (2) are currently not limited to the Services, or are otherwise prohibited from having a Sourceable account, (3) are not a competitor of Sourceable or do not use the Services for reasons that compete with Sourceable; (4) will retain only one Sourceable account at any given time; (5) will use your real name and will only provide accurate information to Sourceable; (6) have full power and the ability to 39 authority to enter into this agreement and not to violate any other agreement to which you are a party; (7) does not infringe any rights of Sourceable or third parties, including intellectual property rights such as copyright or other intellectual property rights. trademark rights, and (8) you agree to provide at your expense any and all Equipment, software, mobile access and Internet access necessary to use the Services. "
Minimum Age " means 18 years. You will keep your pbadword secret. You will not share an account with anyone else. You will not copy or transfer any part of the Service.
D. Your Membership The profile you create on Sourceable will be part of Sourceable and with the exception of the information you own under license is the property of Sourceable. However, between you and others, your account belongs to you. You agree to: (1) keep your pbadword secure and confidential; (2) not allow others to use your account; (3) not use the accounts of other people; (4) not sell, trade or transfer your Sourceable Account to another party; and (5) not charge anyone for access to any part of Sourceable, or any information about it. In addition, you are responsible for everything that goes on in your account until you close your account or the security of your account is compromised by your fault. To close your account, please visit your account settings. You will pay us for any loss you cause.
E. Indemnification You agree to indemnify and indemnify us for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and expenses) related to the claims, costs and third party investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates the rights of third parties or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage or via Sourceable. You will comply with your payment obligations and agree that we retain your historical billing information. In addition, there may be fees and taxes that are added to our prices. We do not guarantee refunds.
F. Payment If you purchase services that we offer for a one-time or subscription fee ("Premium Services"), you agree that Sourceable stores your transactional billing information; your credit card details will not be stored by Sourceable. You also agree to pay applicable fees for Premium Services (including, but not limited to, recurring charges for premium accounts) as they become due, and to reimburse us for all recovery charges and interest for amounts due. delay. Failure to pay may result in termination of your subscription. Depending on where you make transactions with us, the method of payment used and where your payment method was issued, your transaction with us may be subject to foreign exchange charges or differences. in particular because of exchange rates. Sourceable does not support all payment methods, currencies or payment locations. Your obligation to pay fees continues until the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may not cancel or suspend your Premium Services before the end of the subscription period. We do not guarantee refunds for lack of use or dissatisfaction. You further acknowledge that Sourceable Premium Services are subject to this Agreement and any additional terms and conditions related to the provision of the Premium Service. In addition, if you need a printed invoice for your transaction with us, ask for one by contacting our customer service department. If you think you have to violate this agreement, you will let us know before.
G. Inform Us of Acts Contrary to the Contract If you believe you have the right or the obligation to act in violation of this Agreement pursuant to any mandatory law, you agree to provide us in writing with a detailed and reasoned explanation of at least 30 days. before you act against this Agreement, to allow us to badess whether we can, in our sole discretion, provide an alternative remedy to the situation, although we are not in a position to the obligation to do so. You authorize Sourceable to provide you with important notices on the Website, mobile applications or e-mails. The contact information you provide must be accurate or you can not receive important notices.
H. Notifications and Service Messages For service messages and service notices, Sourceable may place a banner notice on its pages to alert you of certain changes, such as changes to this Agreement. Alternatively, the notice may consist of an email from Sourceable to an email address badociated with your account, even though we have other contact information. You further agree that Sourceable may communicate with you through your Sourceable account or other means, including by email, mobile phone number, telephone or delivery services, including the postal service regarding your Sourceable account or services. badociated with Sourceable. Please review your account settings to control the type of messages you receive from Sourceable. You acknowledge and agree that we badume no liability for or arising from your inability to maintain accurate contact or other information, including, but not limited to, your disability. to receive critical information about the Service. This agreement also applies to mobile applications. In addition, you agree that certain additional information may be shared with Sourceable.
Sourceable Applications Sourceable can offer the Services via applications built using the Sourceable ("Sourceable Applications") platform. Examples of Sourceable Applications include its smartphone applications (Sourceable for Android, Sourceable for Blackberry or Sourceable for iPhone), and the "Share" buttons of Sourceable and other interactive plugins distributed on websites on the Web. Viable applications are distinct from the third-party platform applications discussed in Section 4.B. If you use a Sourceable application or interact with a website that has deployed a plugin, you accept information about yourself and your use of the Services, including but not limited to your device, your mobile carrier , your Internet provider, your physical location, or web pages containing Sourceable plugins that load into your browser can be communicated to us. In addition, by importing any of your Sourceable data through the Searchable Application, you represent that you are authorized to share the transferred data with your mobile carrier or other provider. . If you change or deactivate your mobile account, you must promptly update your Sourceable account information to ensure that your messages are not sent to the person who acquires your old number and that you are not respecting your responsibility. You acknowledge to be responsible for all necessary fees and permissions related to accessing Sourceable through your mobile access provider. Therefore, you should check with your provider to find out if services are available and the terms of these services for your specific mobile devices. Finally, by using a downloadable application to activate your use of the Services, you explicitly confirm your acceptance of the terms of the End User License Agreement badociated with the application provided during the download or installation, or which may be updated from time to time. When you share information, others can see, copy, and use it.
J. User-to-User Communication and Sharing (Smarter Groups, Discussions, Updates, Company Pages, etc.) Sourceable offers various forums such as Mouse Groups, Discussions, and Network Updates, where you can post your comments and comments on the topics. Sourceable also allows you to share information by allowing users to view updates, including links to articles and other information such as job postings, product recommendations, and more. Other content on their profile and other parts of the site. . Members of Sourceable may freely create Sourceable Groups and Discussions, however, Sourceable, at its sole discretion, may close or transfer Sourcable Groups or Discussions, or delete their contents if the content violates this Agreement or the proprietary rights. intellectual of other people. Please note that the ideas you publish and the information you share may be viewed and used by other Members, and Sourceable can not guarantee that other Members will not use the ideas and information you share. on Sourceable. Therefore, if you have an idea or information that you want to keep confidential or do not want others to use, or that are subject to third-party rights that may be infringed by your sharing, do not publish them in a group, in your network updates, or elsewhere on Sourceable. SOURCEABLE IS NOT RESPONSIBLE FOR THE MISUSE OR APPROPRIATION OF ANY OTHER CONTENT OR INFORMATION THAT YOU POST ON SOURCEABLE. You agree that we collect, use, store and disclose information about you in accordance with our Privacy Policy.
K. Privacy You must carefully read our privacy policy before using Sourceable as it is incorporated into this Agreement by reference, and governs the treatment of any information, including any personal information you submit to us. . Please note that certain information, statements, data and content (such as photographs) that you may submit to Sourceable, or the groups you choose to join, may reveal or are likely to reveal your gender, ethnicity, nationality, age and / or other personal information about you. You acknowledge that your submission of any information, statement, data and content about us is voluntary on your part and that Sourceable may process such information in accordance with the terms of the Privacy Policy. You will not violate the export laws.
L. Export Control Your use of Sourceable services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (EARs) maintained by the US Department of Commerce. United States and sanction programs maintained by the Foreign Assets Control Bureau of the Treasury Department. You must not, directly or indirectly, sell, export, re-export, transfer, divert or otherwise dispose of any software or service to an end user without obtaining the required authorizations from the relevant governmental authorities. You also warrant that you are not prohibited from receiving products of US origin, including services or software. If you provide comments to Sourceable, be sure not to include confidential or counterfeit documents, and you grant Sourceable rights to those comments.
million. Contributions to Sourceable By submitting ideas, suggestions, documents or proposals ("Contributions") to Sourceable through its suggestion or feedback systems, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Sourceable has no obligation of confidentiality, express or implied, with respect to contributions; (c) Sourceable has the right to use or disclose (or choose not to use or disclose) such Contributions for any purpose whatsoever, in any medium whatsoever in the whole world; (d) Sourceable may have something similar to contributions already in the study or developing; (e) you have irrevocably and nonexclusively subscribed to Sourceable rights to use your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Sourceable under any circumstances.
3. Your Rights If you follow this agreement, we grant you a limited right to use Sourceable. You will have access and use Sourceable only as provided in this agreement. Provided that you comply with all of your obligations under this Agreement, including, but not limited to, the Do's and Don'ts listed in Section 10, we grant you a limited, revocable license , non-exclusive, non badignable and not accessible. the Sourceable Services, via a web browser, a mobile device or a Sourceable application generally available (but not by scraping, spidering, crawling or any other technology or software used to access the data without the written consent of Sourceable or its Members), post information and use the Services we provide on the Sourceable Web pages and in accordance with this Agreement. Any other use of Sourceable contrary to our mission and purpose (such as trying to connect to someone you do not know or trust, or use the information collected from Sourceable commercially unless expressly authorized by Sourceable) is strictly prohibited and constitutes a breach of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, title, intellectual property rights and all other rights and interests in Sourceable and all related articles, including all copies made from the Sourceable site. ] 4. Our Rights and Obligations We may modify or discontinue the services, and in this case we do not promise to continue to display or store your information and documents.
Availability Services As long as Sourceable continues to provide Services, Sourceable will provide and seek to update, improve and expand the Services. Therefore, we allow you to access Sourceable as it may exist and be available on any given day and we have no other obligation except as expressly set forth in this Agreement. We may modify, replace, deny access, suspend or terminate Sourceable, partially or fully, or change and modify prices for any or all Services for you or for all of our Members at our sole discretion. All of these changes will be effective immediately upon posting to Sourceable or direct communication with you unless otherwise noted. Sourceable further reserves the right to withhold, delete or delete any content available as part of your account, with or without notice, if deemed by Sourceable contrary to this agreement. For the avoidance of doubt, Sourceable has no obligation to store, maintain or provide you with a copy of the content that you or other Members provide while using the Services. Third parties may offer their own products and services through Sourceable, and we are not responsible for these third party activities.
B. Third Party Sites and Developers Sourceable may include links to third party websites ("third party sites"). Sourceable also enables third party developers ("Platform Developers") to create applications ("Platform Applications") that provide functionality and functionality with the help of data and development tools made available by Sourceable via its development platform. You are responsible for evaluating whether you want to access or use a third-party website or a platform application. You must review the applicable terms or the privacy policy of a third party website or platform application before using or sharing any information with it, as you may allow the third party to use your information. Sourceable is not responsible for the features, content, advertising, products or other materials available on third party sites or platform applications and does not endorse them. Sourceable does not filter either, does not audit and does not support platform applications. As a result, if you decide to use third-party sites or use platform applications, you do so at your own risk and agree that your use of any platform application is "in the state "without any guarantee as to the actions of the developer. and that this Agreement does not apply to your use of a third party website or developer application. Note: If you allow a third-party platform application or site to authenticate or connect to your Sourceable account, this application or this website may access information about Sourceable related to you and your connections. For more information regarding platform developers and platform applications, please refer to the [(19459014)] privacy policy of Sourceable. You agree that we may use, store and share information about you in accordance with our Privacy Policy.
C. Disclosure of User Information You acknowledge, agree and agree that we may access, preserve and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required by law or in a belief that the preservation or disclosure of access is reasonably necessary in our opinion to: (1) comply with the judicial process, including, inter alia, civil and criminal subpoenas, court orders or other mandatory disclosures; (2) apply this Agreement; (3) respond to allegations of violation of the rights of third parties, whether or not the third party is a member, an individual or a government agency; (4) respond to customer service inquiries; or (5) protect the rights, property or personal safety of Sourceable, our members or the public. Disclosure of membership information to third parties other than those required to provide customer support, administer this Agreement or comply with legal requirements is addressed in Privacy Policy. We have the right to limit connections and interactions on the Service.
D. Connections and interactions with other members You are solely responsible for your interactions with other members. Sourceable may limit the number of connections you may have with other Members and may, under certain circumstances, prohibit you from contacting other Users through the use of the Services or limiting any of your connections. other way your use of the Services. Sourceable reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend or close your account if Sourceable determines, in our sole discretion, that this is necessary to enforce the agreement. this Contract. We inform you of our intellectual property rights.
E. Intellectual Property Notice The Service includes the copyright and intellectual property rights of Sourceable and, with the exception of the limited license granted to you in Section 3, Sourceable reserves all rights to intellectual property on the Service. Sourceable, the Sourceable and "S" logos and other Sourceable trademarks, service marks, graphics and logos used in the context of Sourceable are trademarks or registered trademarks of Sourceable in Australia. and / or other countries. Other brands and logos used as part of Sourceable may be trademarks of their respective owners. This Agreement does not grant you any right or license with respect to these trademarks and logos.
5. Disclaimer We accept no legal responsibility for the quality, safety or reliability of Sourceable. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED TERMS IN CONSUMER CONTRACTS AND, CONSEQUENTLY, THE CONTENT OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT AFFECT SOURCEABLE OR ITS SUPPLIERS, ANY INFORMATION OR CONTINUATION. WE SUPPLY THE SOURCEABLE PLATFORM AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOURCEABLE DOES NOT CONTROL AND DO NOT ACQUIRE THE CONTENT GENERATED BY THE USER FOR MORE PRECISION. WE DO NOT PROVIDE ANY EXPRESS GUARANTEE OR REPRESENTATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOURCEABLE AND ITS SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE , ACCURACY OF DATA AND ABSENCE OF COUNTERFEITING. IF YOU ARE NOT SATISFIED OR HARMFUL FROM SOURCEABLE OR ANY OTHER SOURCEABLE-RELATED PRODUCT, YOU MAY CLOSE YOUR SOURCEABLE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ARTICLE 7 ("TERMINATION") AND THIS TERMINATION WILL BE YOUR SOLE AND EXCLUSIVE REMEDY. SOURCEABLE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, DISPLAY ANSWERS OR TRANSMISSION OF ANY OTHER CONTENT GENERATED BY THE USER) SENT SOURCEABLE TO SOME & NOW # 39; A. IN ADDITION, WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT RESPONSIBLE FOR THIRD PARTY RIGHTS. TOUT MATÉRIEL, SERVICE OU TECHNOLOGIE DÉCRIT OU UTILISÉ SUR LE SITE WEB PEUT ÊTRE SOUMIS AUX DROITS DE PROPRIÉTÉ INTELLECTUELLE APPARTENANT À DES TIERS QUI ONT ACCORDÉ LICENCE DE TELS MATÉRIAUX, SERVICES OU TECHNOLOGIES. SOURCEABLE N'A AUCUNE OBLIGATION DE VÉRIFIER L'IDENTITÉ DES PERSONNES SOUSCRIT À SES SERVICES, ET N'A AUCUNE OBLIGATION DE SURVEILLER L'UTILISATION DE SES SERVICES PAR D'AUTRES UTILISATEURS DE LA COMMUNAUTÉ; PAR CONSÉQUENT, SOURCEABLE DÉCLINE TOUTE RESPONSABILITÉ EN CAS DE VOL D'IDENTITÉ OU DE TOUT AUTRE MAUVAIS USAGE DE VOTRE IDENTITÉ OU DE VOTRE INFORMATION PAR D'AUTRES. SOURCEABLE NE GARANTIT PAS QUE LES SERVICES QU'ELLE FOURNIT FONCTIONNERONT SANS INTERRUPTION NI ERREURS DE FONCTIONNEMENT. EN PARTICULIER, LE FONCTIONNEMENT DES SERVICES PEUT ÊTRE INTERROMPU EN RAISON DE L'ENTRETIEN, DES MISES À JOUR OU DES DÉFAILLANCES DU SYSTÈME OU DU RÉSEAU. SOURCEABLE DÉCLINE TOUTE RESPONSABILITÉ POUR LES DOMMAGES CAUSÉS PAR TOUTE INTERRUPTION OU ERREUR DE FONCTIONNEMENT. EN OUTRE, SOURCEABLE DÉCLINE TOUTE RESPONSABILITÉ POUR TOUT DYSFONCTIONNEMENT, IMPOSSIBILITÉ D'ACCÈS OU CONDITIONS D'UTILISATION MAUVAISE DU SITE SOURCEABLE EN RAISON D'UN ÉQUIPEMENT INAPPROPRIÉ, DE PERTURBATIONS RELATIVES AUX FOURNISSEURS DE SERVICES INTERNET, DE LA SATURATION DU RÉSEAU INTERNET ET POUR TOUT AUTRE MOTIF. [19659003] 6. Limitation de responsabilité Nous essayons de limiter toute responsabilité légale que Sourceable pourrait avoir envers vous. LIMITATION DE RESPONSABILITÉ. CERTAINS PAYS NE PERMETTENT PAS LA LIMITATION OU L'EXCLUSION DE RESPONSABILITÉ DANS LES CONTRATS AVEC DES CONSOMMATEURS ET, PAR CONSÉQUENT, LE CONTENU DE CETTE SECTION PEUT NE PAS S'APPLIQUER À VOUS. Ni Sourceable, ni aucune de nos filiales, sociétés affiliées, fournisseurs, employés, actionnaires ou administrateurs («Sociétés Affiliées Sourceable») ne sont responsables cumulativement (a) des dommages dépbadant cinq fois les frais mensuels les plus récents que vous avez payés pour un (B) des dommages spéciaux, accessoires, indirects, punitifs ou consécutifs ou une perte d'utilisation, des bénéfices, des revenus ou des données pour vous ou un tiers découlant de votre utilisation du Service, des Applications de la Plateforme ou du contenu ou d'autres éléments sur, accessibles via ou téléchargés à partir de Sourceable. Cette limitation de la responsabilité fait partie de la base de la négociation entre les parties et, sans elle, les conditions et les prix pratiqués seraient différents. Cette limitation de responsabilité doit:
- Appliquer indépendamment de si (1) vous basez votre réclamation sur contrat, délit, statut ou toute autre théorie juridique, (2) nous savions ou aurions dû savoir sur la possibilité de tels dommages, ou ( 3) les recours limités prévus dans la présente section n'atteignent pas leur objectif essentiel; et
- Ne s'applique pas à tout dommage que Sourceable peut vous causer intentionnellement ou sciemment en violation de cet Accord ou de la loi applicable, ou autrement exigé par la loi applicable qui ne peut être renoncé dans cet Accord. dans un contrat distinct visant l'achat de services Premium avec une clause distincte de limitation de responsabilité qui remplace cette section par rapport à ces services Premium.
7. Résiliation Nous pouvons chacun mettre fin à cet accord chaque fois que nous le voulons.
Droits de résiliation réciproques Vous pouvez résilier le présent Contrat, pour n'importe quelle raison, à n'importe quel moment, avec notification à Sourceable conformément à la Section 9.C. Cet avis sera effectif dès le traitement de votre notification par Sourceable; vous êtes toujours requis pour tous les engagements de souscription jusqu'à la fin de la période. Sourceable peut résilier le présent Contrat et votre compte pour n'importe quelle raison ou aucune raison, à tout moment, avec ou sans préavis. Cette annulation prendra effet immédiatement ou tel que spécifié dans l'avis. Pour éviter tout doute, seule Sourceable ou la partie payant pour les services peut mettre fin à votre accès à des services Premium. La résiliation de votre compte Sourceable inclut la désactivation de votre accès à Sourceable et peut également vous empêcher de toute utilisation future de Sourceable.
B. Mauvais usage des services Sourceable peut restreindre, suspendre ou résilier le compte de tout Membre qui abuse ou abuse des Services. L'utilisation abusive des Services inclut l'invitation d'autres Membres avec lesquels vous ne savez pas vous connecter; abuser des services de messagerie Sourceable; créer des profils multiples ou faux; utiliser les Services commercialement sans l'autorisation de Sourceable, enfreindre les droits de propriété intellectuelle, violer les choses à faire et à ne pas faire énumérées à la Section 10, ou tout autre comportement que Sourceable, à sa seule discrétion, juge contraire à son but. In addition, and without limiting the foregoing, Sourceable has adopted a policy of terminating accounts of Members who, in Sourceable’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
C. Effect of Termination Upon termination of your Sourceable account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4(a) (b) and (d) (“Our Rights and Obligations”).
8. Dispute Resolution In the unlikely event we end up in a legal dispute, it will take place in Victoria court in the country of Australia.
A. Law and Forum for Legal Disputes This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Victroia regardless of your country of origin or where you access Sourceable, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Sourceable agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Melbourne, Victoria, Australia except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Sourceable agree to submit to the personal jurisdiction of the courts located within Melbourne, Victoria for the purpose of litigating all such claims. Notwithstanding the above, you agree that Sourceable shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Each of us will have the right to choose arbitration.
B. Arbitration Option For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. General Terms Important details about how to read the agreement.
A. Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
B. Language Where Sourceable has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Sourceable.
C. Notices and Service of Process In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on www.sourceable.net. Or via mail or courier at: Sourceable C/O Mediasource Pty Ltd. ATTN: Legal Department PO Box 6257 Chapel Street North South Yarra, Victoria Australia 3141. Additionally, Sourceable accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
D. Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Sourceable regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Sourceable services, third-party content or third party software.
E. Amendments to this Agreement We reserve the right to modify, supplement or replace the terms of this Agreement, effective upon posting at www.sourceable.net or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).
F. No informal waivers, agreements or representations Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Sourceable Affiliate shall be deemed legally binding on any Sourceable Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Sourceable. You waive your rights to try to stop Sourceable, but we don’t waive our rights to ask a court to stop your actions.
G. No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
H. Beneficiaries Entities other than Mediasource Pty Ltd and Mediasource Inc, that owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you. You can’t badign your rights under this agreement, but we can.
I. Assignment and Delegation You may not badign or delegate any rights or obligations under the Agreement. Any purported badignment and delegation shall be ineffective. We may freely badign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Sourceable Corporation for any third party that badumes our rights and obligations under this Agreement.
J. Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
10. Sourceable “DOs” and “DON’Ts.” As a condition to access Sourceable, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts: Here’s a list of some of the specific things we ask you to do and not do on Sourceable. If you want a high-level summary of these, please check out our Professional Community Guidelines
A. Do undertake the following:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with our Privacy Policy;
- Review and comply with notices sent by Sourceable concerning the Services;
- Use the Services in a professional manner; and
- Use your real name on your profile.
B. Don’t undertake the following:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Sourceable;
- Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
- Create a Member profile for anyone other than a natural person;
- Harbad, abuse or harm another person, including sending unwelcomed communications to others using Sourceable;
- Invite people you do not know to join your network;
- Upload a profile image that is not your likeness or a head-shot photo;
- Use or attempt to use another’s account or create a false identity on Sourceable;
- Upload, post, email, InMail, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Sourceable);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Sourceable invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Sourceable to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Sourceable or any user of Sourceable;
- Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
- Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices; Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Sourceable (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by Sourceable; Reverse engineer, decompile, disbademble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; Utilize or copy information, content or any data you view on or obtain from Sourceable to provide any service that is competitive, in Sourceable’s sole discretion, with Sourceable; Imply or state, directly or indirectly, that you are affiliated with or endorsed by Sourceable unless you have entered into a written agreement with Sourceable (this includes, but is not limited to, representing yourself as an accredited Sourceable trainer if you have not been certified by Sourceable as such); Adapt, modify or create derivative works based on Sourceable or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under Sourceable’s developer program; Rent, lease, loan, trade, sell/re-sell access to Sourceable or any information therein, or the equivalent, in whole or part; Sell, sponsor, or otherwise monetize a Sourceable Group or any other service or functionality of Sourceable, without the express written permission of Sourceable; Deep-link to the Site for any purpose, (i.e. creating or posting a link to a Sourceable web page other than Sourceable’s home page) unless expressly authorized in writing by Sourceable or for the purpose of promoting your profile or a Group on Sourceable as set forth in the Brand Guidelines; Remove any copyright, trademark or other proprietary rights notices contained in or on Sourceable, including those of both Sourceable and any of its licensors; Remove, cover or otherwise obscure any form of advertisement included on Sourceable; Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Sourceable except as expressly permitted in this Agreement or as the owner of such information may expressly permit; Share information of non- Members without their express consent; Infringe or use Sourceable’s brand, logos or trademarks, including, without limitation, using the word “Sourceable” in any business name, email, or URL or including Sourceable’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Sourceable; Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site; Use bots or other automated methods to access Sourceable, add or download contacts, send or redirect messages, or perform other similar activities through Sourceable, unless explicitly permitted by Sourceable; Access, via automated or manual means or processes, Sourceable for purposes of monitoring Sourceable availability, performance or functionality for any competitive purpose; Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Sourceable’s website; Attempt to or actually access Sourceable by any means other than through the interfaces provided by Sourceable such as its mobile application or by navigating to http://www.sourceable.net using a web browser. This prohibition includes accessing or attempting to access Sourceable using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Sourceable; Attempt to or actually override any security component included in or underlying Sourceable; Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Sourceable’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or Sourceable personnel, attempting to gain unauthorized access to Sourceable, or transmitting or activating computer viruses through or on Sourceable; and/or Interfere or disrupt or game Sourceable or the Services, including, but not limited to, any servers or networks connected to Sourceable, or Sourceable ‘s search algorithms.
11. Complaints Regarding Content Posted on the Sourceable Website If you think someone has stolen or misused your intellectual property on Sourceable, please check out our Copyright Policy. We built Sourceable to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our Members to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Sourceable provides a process for submission of complaints concerning content posted by our Members.
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