User Agreement
Welcome, and thanks for using Sourceable! When you use our products and services, you’re agreeing to our terms, so please take a few minutes to read over the User Agreement below. Note: You are entering into a legally binding agreement. Last revised on June 1st, 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 world’s professionals to enable them to be more productive and successful. To achieve our mission, we make services available through our website, mobile applications, and developer platform, to help you, your connections, and millions of other professionals meet, exchange ideas, learn, make deals, find opportunities or employees, work, and make decisions in a network of trusted relationships and groups. When you use Sourceable, you are entering 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 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 the “Services”), you are entering 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 the Sourceable Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a Sourceable member (“Member”). If you are using Sourceable on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Sourceable Member, do not enter into this Agreement, do NOT click “Join Now” and do not access, view, download or otherwise use any Sourceable webpage, information or services. By clicking “Join Now” (or “Join Sourceable” or similar), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Join Now,” you also consent to use electronic signatures and acknowledge your click of the “Join Now” button as one. Please note that the Sourceable User Agreement and Privacy Policy are also collectively referred to as Sourceable’s “Terms of Service.”
2. Your Obligations
Some promises you make to us in this agreement: You will follow the law and Sourceable’s rules.
A. Applicable laws and this Agreement You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
- Sourceable’s Copyright Policy;
- Complaints Regarding Content Posted on the Sourceable’s Website; and
- Sourceable’s Privacy Policy.
You grant us a license to the information you provide us.
B. License and warranty for your submissions to Sourceable You own the information you provide Sourceable under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Sourceable a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Sourceable, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Sourceable, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Sourceable profile information accurate and updated. You are eligible to enter into this contract and you are at least our “Minimum Age” The information you provide is truthful.
C. Service Eligibility To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Sourceable account, (3) are not a competitor of Sourceable or are not using the Services for reasons that are in competition with Sourceable; (4) will only maintain one Sourceable account at any given time; (5) will use your real name and only provide accurate information to Sourceable; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Sourceable or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services. ”
Minimum Age” means 18 years old. You will keep your password a 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 become part of Sourceable and except for the information that you license to us is owned by Sourceable. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Sourceable account to another party; and (5) not charge anyone for access to any portion of Sourceable, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit you’re account settings. You will pay us for any losses that you cause.
E. Indemnification You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Sourceable. You will honor your payment obligations and you approve with us storing your historicial billing information. Also there can be fees and taxes that are added to our prices. We don’t guarantee refunds.
F. Payment If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Sourceable storing your billing transactional information; your credit card details will not be stored by Sourceable. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Sourceable does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through 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 until its subscription term has concluded. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that Sourceable’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. Additionally, if you require a printed invoice for your transaction with us, request one by contacting our Customer Support. If you think you have to breach this agreement you will let us know before.
G. Notify us of acts contrary to the Agreement If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. You approve Sourceable providing you with important notices on the website, mobile apps, or email. The contact information you provide must be accurate or you may not receive important notices.
H. Notifications and Service Messages For purposes of service messages and notices about the Services, Sourceable may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Sourceable to an email address associated with your account, even if we have other contact information. You also agree that Sourceable may communicate with you through your Sourceable account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Sourceable account or services associated with Sourceable. Please review your Account Settings to control what kind of messages you receive from Sourceable. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared to Sourceable.
I. Sourceable Applications Sourceable may offer the Services through applications built using Sourceable’s platform (“Sourceable Applications”). Examples of Sourceable Applications include its smart phone applications (Sourceable for Android, Sourceable for Blackberry or Sourceable for iPhone), and Sourceable’s “Share” buttons and other interactive plugins distributed on websites across the web. Sourceable Applications are distinct from third party Platform Applications addressed in Section 4.B. If you use a Sourceable Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Sourceable plugins that load in your browser may be communicated to us. Further, by importing any of your Sourceable data through the Sourceable Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event 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 that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Sourceable through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time. When you share information, others can see, copy and use that information.
J. User-to-User Communication and Sharing (Sourceable Groups, Discussions, Updates, Company Pages, etc.) Sourceable offers various forums such as Sourceable Groups, Discussions, and Network Updates, where you can post your observations and comments on designated topics. Sourceable also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site, such as Sourceable Groups and Sourceable Company Pages. Sourceable members can create Sourceable Groups and Discussions for free, however, Sourceable, in its sole discretion, may close or transfer Sourceable Groups or Discussions, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and Sourceable cannot guarantee that other Members will not use the ideas and information that you share on Sourceable. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Sourceable Group, into your Network Updates, or elsewhere on Sourceable. SOURCEABLE IS NOT RESPONSIBLE FOR A ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON SOURCEABLE. You approve with us collecting, using, storing, and disclosing information about you in keeping with our Privacy Policy.
K. Privacy You should carefully read our full Privacy Policy before using Sourceable as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Sourceable, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Sourceable may process such information, within the terms of the Privacy Policy. You won’t break 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 (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorisations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software. If you provide feedback to Sourceable, make sure you don’t include confidential or infringing materials, and you grant Sourceable rights to such feedback.
M. 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 is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Sourceable shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Sourceable may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Sourceable rights to exploit 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 only access and use Sourceable in the way this agreement allows you. On the condition that you comply with all 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, nonexclusive, nonassignable, nonsublicenseable license and right to access the Sourceable Services, through a generally available web browser, mobile device or Sourceable authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Sourceable or its Members), view information and use the Services that we provide on Sourceable webpages and in accordance with this Agreement. Any other use of Sourceable contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Sourceable commercially unless expressly authorised by Sourceable) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Sourceable and all related items, including any and all copies made of the Sourceable website.
4. Our Rights & Obligations We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and materials.
A. Services Availability For as long as Sourceable continues to offer the Services, Sourceable shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Sourceable as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Sourceable, partially or entirely, or change and modify prices for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Sourceable or by direct communication to you unless otherwise noted. Sourceable further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Sourceable to be contrary to this Agreement. For avoidance of doubt, Sourceable has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when 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 web sites (“Third Party Sites”). Sourceable also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Sourceable through its developer platform. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Sourceable is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Sourceable also does not screen, audit, or endorse Platform Applications. Accordingly, 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 on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you allow an Platform Application or Third Party Site to authenticate you or connect with your Sourceable account, that application or website can access information on Sourceable related to you and your connections. For additional information regarding Platform Developers and Platform Applications, please refer to Sourceable’s Privacy Policy. You agree that we can use, store and share information about you as permitted in our Privacy Policy.
C. Disclosure of User Information You acknowledge, consent 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 to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Sourceable, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy. We have the right to limit the 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 to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit 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 doing so is necessary to enforce this Agreement. We are providing you notice about our intellectual property rights.
E. Intellectual Property Notices The Service includes the copyrights and Intellectual property rights of Sourceable and except for the limited license granted to you in Section 3, Sourceable reserves all of its intellectual property rights in the Service. Sourceable, the Sourceable and “S” logos and other Sourceable trademarks, service marks, graphics, and logos used in connection with Sourceable are trademarks or registered trademarks of Sourceable in Australia. and/or other countries. Other trademarks and logos used in connection with Sourceable may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
5. Disclaimer We disclaim any legal liability for the quality, safety or reliability of Sourceable. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON SOURCEABLE OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR SOURCEABLE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOURCEABLE DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SOURCEABLE AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY SOURCEABLE OR ANYTHING RELATED TO SOURCEABLE, YOU MAY CLOSE YOUR SOURCEABLE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL 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, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH SOURCEABLE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. SOURCEABLE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, SOURCEABLE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. SOURCEABLE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. SOURCEABLE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, SOURCEABLE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SOURCEABLE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. Limitation of Liability We are trying to limit any legal liability Sourceable may have to you. LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither Sourceable nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Sourceable Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Sourceable. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that Sourceable may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
- Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
7. Termination We can each end this agreement anytime we want.
A. Mutual rights of termination You may terminate this Agreement, for any or no reason, at any time, with notice to Sourceable pursuant to Section 9.C. This notice will be effective upon Sourceable processing your notice; you are still required for all subscription commitments until the term of which has terminated. Sourceable may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Sourceable or the party paying for the services may terminate your access to any Premium Services. Termination of your Sourceable account includes disabling your access to Sourceable and may also bar you from any future use of Sourceable.
B. Misuse of the Services Sourceable may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the Sourceable messaging services; creating multiple or false profiles; using the Services commercially without Sourceable’s authorisation, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Sourceable, in its sole discretion, deems contrary to its purpose. 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 assign your rights under this agreement, but we can.
I. Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign 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 assumes 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;
- Harass, 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);
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Elle
17/08/ 2015
I totally agree with you, David, in regard to engaging girls from childhood to help out dad with repairs around the house. I grew up with 3 older brothers ( dad died too early) who treated me as an equal and got me to help them with car repairs, painting, bicycle maintenance and a little carpentry. It wasn't a lot, but it was enough to stimulate my interest in engineering. I could see it was not only fun, but very practical.
I am pretty sure that this early childhood and teenage experience launched me into my engineering career ( civil – hydraulics).
I do, however take offence to the stereotyping in David Hood's article. I am not as right brained or people friendly as would be presumed for a woman. This assumption that women are better with people is still haunting me in my career and I am often pressured into areas that require strong people skills but which I simply do not have to meet the stereotype assumed.
The reality is, we need people in engineering who are equally right brained and left brained, not some lopsided monster with just one string to their bow.
I have improved my people skills over the years
'
Please, stop stereotyping. This is every human's worst enemy
Kirsty Miller
14/08/ 2015
In the 21st century, working to solve societies contemporary problems, there could be no truer statement than, "We need new thinking to create new solutions." As a youth entering the field of engineering I hope we can continue to work towards eradicating this bias and diversify engineering!
Caroline Palmer
13/08/ 2015
I am never in favour of arguments that say "there should be more women in this field". In my view, if society can truly stop associating gender to types of work, then everyone will feel encouraged to pursue whatever field they wish and win jobs purely based on their merit rather than on trying to achieve a gender proportion target.
David Hood
4/08/ 2015
Kathryn, I think my second point is more relevant to your context. Currently engineering is largely driven by a virtuosity paradigm where many outcomes are glorified by left brained, testosterone influenced people, be they men or women. It is this philosophy that has to change if we are to attract more women and more right brained thinking into the engineering profession. And, it must change if we are to solve the huge challenges that are facing society today.
Kiana Kashefi
4/08/ 2015
"Many of the women who are currently succeeding in engineering, and who we tend to exemplify, are there because they were already left-brain inclined, or because they have adjusted in order to succeed in a left-brained, male-dominated and outcome-glorified professional culture" I totally agree with that, if a female engineer in male dominated engineering areas like structural engineering want to be SEEN as an engineer at all she should forget about womanhood.. This biased view needs to be changed..
Georgia Bertram
4/08/ 2015
I believe there is a limited understanding of what engineers actually do. The entire course of my life shifted when I found out that engineering wasn't about engines, instead it was a way of using applied knowledge to design and create.
The marketing of engineering as a profession seems to have recognised this, and I have seen a definite industry shift and effort to better promote the reality of engineering to the next generation. That said, I think my high school could make a small but significant step by moving the engineering class out of the metalwork rooms (just a thought).
Chris Groom
4/08/ 2015
Engineering, like society,is best served by reflecting a diversity of views. Diversity is multi layered but clearly Engineering can not have a diversity of views if over 50% of the population is so poorly represented. We should all do what we can to encourage and support greater involvement of women in Engineering.
David hood
4/08/ 2015
Thanks James. Yes please send me any references to the philosophy of engineering. I've read lots on the history of engineering – travelogues mostly glorifying the left brained outcomes……. Thomas BRINSMEAD got close a few years ago. I guess my concern is that we tend to separate engineering from nature. We use and abuse nature for our selfish, nefarious purposes. I vividly recall the then Dean of Engineering in my first year stating how lucky we were because after graduation we "would be taming nature for the good of MANkind. We need to better link earth systems engineering into current curricula.
Anne Vahlman
3/08/ 2015
I'll agree that girls need to be encouraged to pursue their own natural curiousity from a young age. I was an only child and my mum made me go and help dad with repair so that I learnt to do everything on my own.
But when it came to picking uni courses, my mum wanted me to do law based purely on liking the law show 'Ally McBeal' and she actively tried to disuade me from engineering as she perceived it as 'hard' and full of boys who would give me a hard time. All I can say is I'm glad I didn't listen to her.
Kathryn
3/08/ 2015
I’m a bit concerned about the emphasis on women being able to provide more empathy in engineering, and the perception that women who use their left-brain, systematising skills are acting like men – in fact I think that kind of gender essentialism is actually the problem, not the solution.
There are lots of situations where women use their left-brain skills, but only some situations when it’s culturally acceptable for them to do so. For example, even basic sewing involves taking 2D pieces and assembling them into 3D structures, taking careful account of material properties in the process. Keen sewers move onto pattern drafting, which is starting from a 3D shape full of complex curves and working out how to cover it using only flat 2D pieces, which can then be digitised, sent around the world and recreated anywhere. Pretty technical, and yet men in online sewing communities are often corralled into a ‘men can saw too!’ corner, in a way distressingly reminiscent of the special-interest groups for women in engineering. Designing a space suit is essentially left-brained and competitive, while designing a corset is essentially right-brained and empathetic? I don’t think so…
David Schonfeld
31/07/ 2015
You're correct Jessica. Girls need to be encouraged to do things with dad like common household repairs and other projects which are often considered dad's responsibility. There is also a problem in early childhood education where most teachers are women come from a non-science background. They are mostly very good teachers but are less likely to encourage science based activities.
David Schonfeld
31/07/ 2015
The problem starts in preschool and continues through primary school. Most early childhood teachers are women with little or no knowledge or interest in science. Hence an interest in science and mathematics is not engendered in children at an early age and girls are certainly not encouraged to study science. 20+ years ago I was involved in a project through the Sciencecentre on family science. The then principal of the Teachers college was well aware of the problem. All of the early childhood teachers were very competent and dedicated but you didn't need to have a science background to go into primary teaching and many that I spoke to were not confident to explain science. The problem then moves on to just family stereo typing. A few years ago I was doing some casual tutoring at UQ and I met a couple of girls studying Mechanical engineering. One came from a farming background and was used to being around machines, the other was a city girl who told me her dad wouldn't let her near the lawnmower. I guess I'm saying that even in the home it is often boys help dad and girls help mum. Girls need to be encouraged to help service the car, build the deck or replace the tap washers etc.
Jessica Charlesworth
31/07/ 2015
One of the simplest obstacles is parents telling daughters engineering is for boys,therefore crushing any inclination towards the field at a young age, or children of any gender just not being aware of what an engineer does and what a great career it can be. Well done Ian for encouraging your daughters.
Ian Spencer
30/07/ 2015
I have two daughters currently at high school that want to pursue engineering careers and expect there are plenty more coming through in this generation. We just have remove any obstacles and then get out of way and watch them go.
James Trevelyan
30/07/ 2015
Philosophy of engineering. Quite a bit has been written on that. See my book for some, also Engineering Practice in a Global Context. Recently some books of collected chapters have emerged, but with only tenuous links to practice. Can send references if you write by email.
Bill Young
27/07/ 2015
Hi David
Support your point fully; we need in Australia a far better gender balance across our engineering profession.
I have been lecturing Engineering Students in China for the past several years and I am amazed that truly around 50% of the class are female. They have got that right.
Best regards, Bill
Marianne
21/07/ 2015
Opening up a field to new approaches and ways of thinking can only be beneficial. Those who will do anything to maintain the status quo of their profession must ask themselves why they are not open to questioning or suggestions for change. If you can't rationally defend your way of doing things as the best way without falling back on prejudice or tradition, then there is very little worth defending. Thank you for a refreshing article, Professor Hood.
Simon
21/07/ 2015
Where are all the Australian's in Engineering???
As an engineering recruiter I am seriously concerned about the future and how few Australian Engineering graduates there are each year. The majority of job seekers are immigrants that have been granted PR and have no local experience and no knowledge of Australian Engineering and Construction Codes.
Joanne
21/07/ 2015
Yes the lack of women in engineering is an issue, however I recently collated experiences from some of Cundall's female engineers and I was surprised how positive it was. Especially from the young engineers coming into the industry.
David hood
20/07/ 2015
Of course, I forgot, they should be at home doing the ironing. Thank you Tony for reminding me….
Andrew
20/07/ 2015
Well, if you got rid of all that pesky mathematics and science … that would probably attract the "right-brained" away from their art degrees? Civil engineers should really spend more time on aesthetic interpretation rather than Young's modulus!
Al
20/07/ 2015
They're too busy pursuing women's studies and other related fields.