A. Any significant changes to this Privacy Policy will be communicated. Actual Damages and Reasonableness Before there can be any liquidated damages, there have to be actual damages. If the court determines the damages are actually a penalty, the provision will be voided, and the injured party will only be able to pursue actual damages caused by the contract being breached. Liquidated Damages are a variety of actual damages. Sourceable also does not screen, audit, or endorse Platform Applications. C. Effect of Termination Upon termination of your Sourceable account, you lose access to the Services. The sum to be paid as compensation is said to be ‘at large’ and is determined after the breach occurs by a court Any purported assignment and delegation shall be ineffective. We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we use to show you local information (for example, weather information) on our iPad application. En savoir plus. 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. Termination We can each end this agreement anytime we want. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. One was for US$35 million in liquidated damages for Java source code disclosure, a contract violation. Parties to a contract use liquidated damages where actual damages, though real, are difficult or impossible to prove. You also agree to our Privacy Policy, which covers how we collect, use, share and store your personal information. Therefore, for example, it may not be able to recover extra bunkers or port costs incurred by it as a result of the delay or even the loss of a valuable ‘next’ fixture which is cancelled as a result of the delay. late performance).. An average of the likely costs which may be incurred in dealing with a breach may be used. So the real difference between the two is whether you are trying to profit from the breach. 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: You grant us a license to the information you provide us. • If you quote someone or use their ideas or theories, please let us know who they are! 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. Data Controllers If you have any concern about providing information to us or having such information displayed on the Sourceable services or otherwise used in any manner permitted in this Privacy Policy and the User Agreement, you should not become a Member of Sourceable or visit our website. 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. 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. Liquidated damages clauses and limitation of liability clauses are common in contracts but have different roles. Conceptually, an owner’s delay damages are either Liquidated Damages or actual damages. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. 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 “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. We believe that our service allows our Members to effectively compete and achieve their full business potential. Michigan law enforces these clauses. You can’t set the liquidated damage clause at such a high amount that the court may think it’s a penalty. 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. We collaborate with and allow third parties to use Sourceable’s developer platform to offer services and functionality in conjunction with Sourceable. A liquidated damages provision fixes the sum payable as damages for a party’s breach and acts as a liability cap. We don’t guarantee refunds. Any information you put on your profile and any content you post on Sourceable may be seen by others. Undisclosed source code has value as a trade secret. 8. 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. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. If there is a change in control or sale of all or part of Sourceable, we may share your information with a third party, who will have the right to use that information in line with this Privacy Policy. When liquidated damages aren't proportionate to the real or anticipated loss, the courts can decide they are a penalty. punitive damages. Calling a clause “liquidated damages” does not make it a true liquidated damages provision. Other trademarks and logos used in connection with Sourceable may be the trademarks of their respective owners. Liquidated damages are meant as a fair representation of losses in situations where actual damages are difficult to ascertain. Actual damages represent a type of compensatory damages. These are reasonable amount of damages estimated to arise from breach of contract and may be in the form of daily charges, specified percentage of total contract price or lump sum amount. Your participation in surveys or polls is up to you. We will notify you when we change this Privacy Policy. Liquidated damages are frequently agreed upon by the parties, either by way of penalty or in order to avoid controversy on the amount of damages. 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. This limitation of liability shall: 7. 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. You approve Sourceable providing you with important notices on the website, mobile apps, or email. C. Notices and Service of Process In addition to Section 2.h. Liquidated damages vs. Penalties . Section 74 deals with liquidated damages, relating to stipulated damages. A. The User may refute a claim by submitting a counter-notice as permitted in these procedures. 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. Sourceable’s mission is to connect the world’s professionals through highly specific and informative news, analysis and industry discussions; providing a comprehensive business tool for each of the industries we cover.Our registered users (“Members”) share their professional identities, engage with their network, exchange knowledge and professional insights, and find business opportunities. C. Using the Sourceable Site and Applications We collect information when you use the Sourceable website, Sourceable applications (for example, Sourceable for iPhone or Android), and Sourceable platform technology such as “import your address book, join and participate in groups, participate in polls, install a Sourceable mobile application, and share articles on Sourceable. A. 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. The court would then say that the ‘agreed damages’ clause was in effect a penalty. It is critical that an extension of time is applied for within the prescribed time (which can sometimes be as short as three business days). 6. We also use aggregated information from your network to show you content, such as news relevant to you, your industry, or your profession. 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. A claim is paid by the carrier, which then seeks to enforce its subrogation rights against the monitoring company. 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. To promote these objectives, Sourceable provides a process for submission of complaints concerning content posted by our Users. It is your responsibility to keep your Sourceable profile information accurate and updated. 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. 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. 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, disassemble, 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. 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. Introduction. Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution. • We won’t publish anything that is (or could be reasonably expected to be): defamatory to any person or thing; racially or religiously vilifies, incites violence or hatred; is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability. 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. 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