"Authorized User" means any employees, agents, independent contractors or consultants of Customer who are authorized or otherwise designated or permitted by Customer to access and use the Services pursuant to this Agreement.
"Confidential Information" means any information that is proprietary or confidential to the Discloser or that the Discloser is obligated to keep confidential (e.g., pursuant to a contractual or other obligation owing to a third party). Confidential Information may be of a technical, business or other nature (including, but not limited to, information which relates to the Discloser's technology, research, development, products, services, pricing of products and services, customers, employees, contractors, marketing plans, finances, contracts, legal affairs, or business affairs). However, Confidential Information does not include any information that: (a) was known to the Recipient prior to receiving the same from the Discloser in connection with this Agreement; (b) is independently developed by the Recipient; (c) is acquired by the Recipient from another source without restriction as to use or disclosure; or (d) is or becomes part of the public domain through no fault or action of the Recipient.
"Customer Data" means any data transmitted by Customer or Authorized Users to Company in relation to Customer's and Authorized Users' use of the Services.
"Customer Interface" means the web-based interface hosted by Company by which Customer and Authorized Users may access the Services.
"Enhancement" means any correction, modification, customization, revision, enhancement, improvement, update, upgrade, new release or other change that is released generally by Company for similarly situated customers of the Services. Company shall not be obligated to provide Customer any new features or functionality for which Company generally charges a separate fee.
"Intellectual Property Rights" means all rights of a person or business entity in, to, or arising out of: (i) any U.S., international or foreign patent or any application therefore and any and all reissues, divisions, continuations, renewals, extensions and continuations-in-part thereof; (ii) inventions (whether patentable or not in any country), invention disclosures, improvements, trade secrets, proprietary information, know-how, technology and technical data; (iii) copyrights, copyright registrations, mask works, mask works registrations, applications, moral rights, patents, trademarks, trade secrets, and rights of personality, privacy and likeness, whether arising by operation of law, contract, license or otherwise; and (iv) any other similar or equivalent proprietary rights anywhere in the world.
"Service Performance Standards" means the specifications for the performance and availability of the Services, as set forth in the attached Exhibit A.
"Services" means the operation of the Software on Company's hosting servers or those of its hosting service provider(s) intended to enable Customer and Authorized Users to interact with the same via the worldwide web.
"Software" means the software application known as Company with the features set forth in the attached Exhibit A and any Enhancements thereto made available to Customer and Authorized Users from time to time.
"Term" means the period of time specified in Section 9.1.
"Unauthorized Use" means any use, reproduction, distribution, disposition, possession, disclosure or other activity, including, without limitation, any reselling involving any aspect of the Services or Company Technology that is not expressly authorized under this Agreement or otherwise in writing by Company.
"User Identification" means the unique user identification name and password issued or otherwise assigned to each Authorized User for access to and use of the Services through the Customer Interface.
"Company Technology" means any know-how, processes, methodologies, specifications, designs, inventions, functionality, graphics, techniques, methods, applications, computer programs, user manuals, online documentation, products or other technology and materials of any kind, or any Enhancement thereto, used by Company in connection with the performance of the Services or made available by Company to Customer, any Authorized User or any third party.
2.1 Services. Subject to the terms and conditions of this Agreement, Company will make the Services available to Customer and Authorized Users during the Term according to the Service Performance Standards. Company may delegate the performance of certain portions of the Services to third parties, provided Company remains responsible to Customer for the delivery of the Services. Company will host and maintain the Customer Interface, and provide Customer and Authorized access to the Customer Interface pursuant to password protected user accounts. Company reserves the right to periodically change issued passwords. Company will provide prompt notice to Customer of any such password changes. Company may in its sole discretion modify, enhance or otherwise change the Software and/or Customer Interface upon prior written notice to the Customer.
2.2 Restrictions on Use of Services. Customer agrees not to use or launch any automated system other than the established interface, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Services in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Customer agrees not to collect or harvest any personally identifiable information, including account names, from the Services nor to use the communication systems provided by the Services for any commercial solicitation purposes. Customer agrees not to use any portion of the Services as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. In addition, Customer agrees not to engage in any of the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (ii) taking any action that imposes, or may impose at Company's sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Services; (iv) impersonating another person or otherwise misrepresenting Customer's affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Services; or (vi) bypassing the measures that Company may use to prevent or restrict access to the Services.
2.3 Nonexclusivity. Customer acknowledges that the rights granted to it under this Agreement are nonexclusive, and that, without limiting the foregoing, nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict Company's right to (a) license, sell or otherwise make available the Company Technology or Services to any third party; (b) perform any services for any third party; or (c) license, purchase or otherwise acquire any software, technology, products, materials or services from any third party.
2.4 Suspension of Services. In the event Customer violates any of the terms set forth in Section 2.2 of this Agreement, or fails to pay any amount under the Agreement when due, in addition to any other remedies available at law or in equity, Company will have the right, in its sole reasonable discretion, to immediately suspend Customer's and Authorized Users' use and access to the Services.
3.1 License to Customer. Subject to the restrictions and limitations set forth in this Section 3 and elsewhere in this Agreement, Company hereby grants to Customer a nonexclusive, nontransferable, limited license, during the Term of this Agreement, to enable Authorized Users to access and use the Services through the Customer Interface subject and according to the terms of this Agreement solely for the Authorized Users' internal use in the regular course of Customer's business.
3.2 General Restrictions and Limitations. Section 3.1 sets forth the entirety of Customer's right to access and use the Services and to make the Services available to Authorized Users. The License does not include the right to, and Customer will not directly or indirectly, (a) enable any person or entity other than Authorized Users to access and use the Services or Company Technology; (b) modify or create any derivative work based upon the Services or Company Technology; (c) engage in, permit or suffer to continue any copying or distribution of the Services or Company Technology; (d) grant any sublicense or other rights to the Services or Company Technology; (e) reverse engineer, disassemble or decompile all or any portion of, or attempt to discover or recreate the source code for, any software that is part of the Services or Company Technology; (f) remove, obscure or alter any Intellectual Property Rights notice related to the Software, the Services or the Company Technology; or (g) engage in, permit or suffer to continue any Unauthorized Use by any person or entity within Customer's control. Customer will ensure, through proper instructions and enforcement actions, that all access to and use of the Services by Customer or Authorized Users', or otherwise through Customer's facilities, equipment, identifiers or passwords, will conform to this Agreement and will be made and used solely for proper and legal purposes, and will be conducted in a manner that does not violate any law or regulation, the rights of any third party or this Agreement.
3.3 License to Company. Subject to the terms and conditions of this Agreement, Customer hereby grants Company a worldwide, non-exclusive, royalty-free license during the Term to use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and make derivative works of the Customer Data in order to provide the Services. Company shall have no right to sub-license or resell the Customer Data or any component thereof.
3.4 Reservation of Rights. Company reserves all rights to the Services not otherwise expressly granted in this Section 3.
4.1 Equipment, Services and Facilities. Customer is solely responsible for providing, installing and maintaining at its own expense all equipment, facilities and services necessary to enable Authorized Users' access and use the Services through the Customer Interface, including, without limitation, all computer hardware and software, modems, printers, telephone service and Internet access.
4.2 Password. Customer will issue a User Identification to enable each Authorized User to access and use the Services through the Customer Web Site. Customer is solely responsible for tracking the User Identifications to specific Authorized Users and for ensuring the security and confidentiality of all User Identifications. Customer acknowledges that it is fully responsible for all liabilities incurred through the use of any User Identification and that any transaction under a User Identification will be deemed to have been performed by Customer. Customer will immediately notify Company of any unauthorized use of any User Identification or any other breach of security known to it. Use of any User Identification other than as provided in this Agreement will be considered a breach of this Agreement by Customer.
4.3 Hours of Operation; Scope of Services. Company reserves the right at any time and without prior notice to Customer to change the Services' hours of operation or to limit Customer's and Authorized Users' access to and use of the Services in order to perform repairs, make modifications or as a result of circumstances beyond Company's reasonable control. Company may alter or modify all or part of the Services from time to time. Such alterations and modifications, or both, may include, without limitation, the addition or withdrawal of features, products, services, software or changes in instructions.
4.4 Security. Company has implemented commercially reasonable technical and organizational measures designed to secure Customer Data from accidental loss and from unauthorized access, use, alteration or disclosure. However, Company cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Customer Data for improper purposes. Customer acknowledges that all Customer Data is provided at Customer's and Authorized Users' own risk.
5. Right to Monitor. Company will have the right to review and monitor all use of the Services to ensure compliance with all of the terms of this Agreement.
6.1 Fees. Customer will pay to Company the fees set forth on the Fee Schedule. Company will invoice Customer for all fees due and payable, and Customer shall pay all amounts invoiced within thirty (30) days of the date of Company's invoice.
6.2 Interest. Any amount not paid when due will bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, computed and compounded daily from the date due until the date paid. Further, in the event of any action by Company to collect any amount not paid when due, Customer will pay or reimburse Company's costs of collection (including, without limitation, any attorneys' fees and court costs).
6.3 Audit. For the purpose of confirming the accuracy of any payment under this Section 6, Company will have the right (at its own expense) to audit Customer's usage of the Services at Customer's premises. Company shall provide Customer with reasonable advance written notice prior to such audit and such audit shall be conducted during regular business hours in a manner that does not interfere with normal business activities of Customer. If an audit reveals a discrepancy of 5% percent or more during the audited period, then Customer shall, in addition to correcting the discrepancy and paying any late interest, also reimburse Company for all costs of the audit.
6.4 Taxes. All fees are net. Customer will pay or reimburse all taxes, duties and assessments, if any due, based on or measured by amounts payable to Company in any transaction between Customer and Company under this Agreement (excluding taxes based on Company's net income) together with any interest or penalties assessed thereon, or furnish Company with evidence acceptable to the taxing authority to sustain an exemption therefrom.
7.1 Customer Data. Subject only to the limited license expressly granted hereunder, as between Customer and Company, Customer shall retain all right, title and interest in and to the Customer Data and all Intellectual Property Rights therein. Nothing in this Agreement will confer on Company any right of ownership or interest in the Customer Data or the Intellectual Property rights therein. Customer is solely responsible for the Customer Data that Authorized Users upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and Customer agrees that Company is only acting as a passive conduit for the online distribution and publication of the Customer Data. Company will not review, share, distribute, or reference any such Customer Data except as provided herein or as may be required by law. Customer agrees to take commercially reasonable steps to ensure that Authorized Users do not post Customer Data that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that Customer knows is not correct and current. Customer represents that the Customer Data does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. Company takes no responsibility and assumes no liability for any Customer Data that Authorized Users or other third parties post or send over the Services. Customer understands and agrees that any loss or damage of any kind that occurs as a result of the use of any Customer Data that Customer sends, uploads, downloads, streams, posts, transmits, displays or otherwise makes available or accesses through Customer's or Authorized Users' use of the Services, is solely Customer's responsibility. Company is not responsible for any public display or misuse of Customer Data, except in the case of gross negligence or intentional misconduct by Company or its employees.
7.2 Company Technology. The Services, the Software and the Company Technology constitute or otherwise involve valuable Intellectual Property Rights of Company. Customer acknowledges that it obtains only license rights under this Agreement. No title to or ownership of the Services, the Software or the Company Technology, or any Intellectual Property Rights associated therewith is transferred to Customer, any Authorized User or any third party under this Agreement. Customer may choose to or Company may invite Customer and/or Authorized Users to submit comments or ideas about the Services, including without limitation about how to improve the Services or Company products ("Ideas"). By submitting any Ideas, Customer and Authorized Users agree that such disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, that Company is free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to Customer. Customer acknowledges that, by acceptance of Customer's or an Authorized User's submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than Customer.
7.3 Protection of Intellectual Property Rights. Customer will not infringe or violate, and will take appropriate steps and precautions for the protection of Company's Intellectual Property Rights. Without limiting the generality of the foregoing, Customer will (a) maintain access and use restrictions sufficient to prevent any Unauthorized Use; (b) not make the Services, the Software or the Company Technology available to any third party without the prior written consent of Company; and (c) otherwise use its best efforts to prevent any Unauthorized Use. Customer will immediately notify Company of any Unauthorized Use that comes to its attention and cooperate with Company to investigate and prevent the same. In the event of any Unauthorized Use relating to Customer's activities, any Authorized User or any of Customer's representatives, Customer will take all steps reasonably necessary to terminate such Unauthorized Use.
Each party reserves any and all right, title and interest (including, without limitation, any Proprietary Rights) that it may have in or to any Confidential Information that it may disclose to the other party under this Agreement. The Recipient will protect Confidential Information of the Discloser against any unauthorized use or disclosure to the same extent that the Recipient protects its own Confidential Information of a similar nature against unauthorized use or disclosure, but in no event will use less than a reasonable standard of care to protect such Confidential Information; provided that the Confidential Information of the Discloser is conspicuously marked or otherwise identified as confidential or proprietary upon receipt by the Recipient or the Recipient otherwise knows or has reason to know that the same is Confidential Information of the Discloser. The Recipient will use any Confidential Information of the Discloser solely for the purposes for which it is provided by the Discloser. This paragraph will not be interpreted or construed to prohibit: (a) any use or disclosure which is necessary or appropriate in connection with the Recipient's performance of its obligations or exercise of its rights under this Agreement or any other agreement between the parties; (b) any use or disclosure required by applicable law (e.g., pursuant to applicable securities laws or legal process), provided that the Recipient uses reasonable efforts to give the Discloser reasonable advance notice thereof (e.g., so as to afford the Discloser an opportunity to intervene and seek an order or other appropriate relief for the protection of its Confidential Information from any unauthorized use or disclosure); or (c) any use or disclosure made with the consent of the Discloser. In the event of any breach or threatened breach by the Recipient of its obligations under this paragraph, the Discloser will be entitled to injunctive and other equitable relief to enforce such obligations.
9.1 Term. The Term of this Agreement will commence as of the Effective Date of this Agreement and will end upon the earlier of (a) the expiration of 60 months thereafter; or (b) termination in accordance with Sections 9.2 or 9.3 below.
9.2 Termination by Company. This Agreement may be terminated by Company: (i) if Customer defaults in the timely payment of any amounts due Company and fails to cure within ten (15) days of receipt of written notice; (ii) immediately if Customer breaches any provisions of Section 2; (iii) in the event of a material breach by Customer of any other provision of this Agreement and Customer fails to correct such breach within thirty (30) days of written notice; or (iv) upon the insolvency, bankruptcy, reorganization, or assignment for the benefit of creditors of Customer.
9.3 Termination by Customer. This Agreement may be terminated by Customer for any reason upon thirty (30) days written notice to Company. Email notification shall suffice as written notification to the company.
9.4 Effect of Termination. If the Term is terminated pursuant to and in accordance with this Section 9, then, unless otherwise specifically provided for in writing by the parties, the following will apply: (a) the license rights granted to Customer with respect to the Services, the Software and the Company Technology will terminate effective as of the effective date of the termination; (b) Customer will return to Company any and all Confidential Information of Company in the possession or control of Customer; (c) Company will return to Customer any and all Confidential Information of Customer in its possession or control; (d) unless otherwise agreed upon by the parties, Company will have no obligation to provide the Services to Customer or Authorized Users after the effective date of the termination; and (e) Customer will pay to Company any amounts payable for Customer's and Authorized User's use of the Services through the effective date of the termination.
THE SERVICES, THE SOFTWARE, THE COMPANY TECHNOLOGY AND ALL OTHER ITEMS PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. USE OF THE SERVICES IS AT CUSTOMER'S SOLE RISK. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY ERROR, DEFECT, DEFICIENCY, INFRINGEMENT OR NONCOMPLIANCE IN THE SERVICES, THE SOFTWARE, THE COMPANY TECHNOLOGY OR ANY OTHER ITEMS PROVIDED BY, THROUGH OR ON BEHALF OF COMPANY UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE).
WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT CUSTOMER'S OWN RISK AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN CUSTOMER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
11.1 Indemnity by Customer. Customer agrees to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Customer's and Authorized Users' use of and access to the Service, including any data or work transmitted or received by Customer or Authorized Users; (ii) Customer's or an Authorized User's violation of any term of this Agreement; (iii) Customer's or an Authorized User's violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) Customer's or an Authorized User's violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via user accounts; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
11.2 Intellectual Property Rights Indemnity. If the Software becomes the subject of a claim of infringement of a U.S. copyright or misappropriation of a trade secret, Company will indemnify Customer against such claim provided that Customer gives Company prompt written notice of the claim, allows Company to direct the defense and settlement of the claim, and cooperates with Company as necessary for defense and settlement of the claim. If the Software becomes, or, in Company's opinion is likely to become, the subject of such a claim, Company shall have the right to obtain for Customer the right to continue using the Software, replace or modify the Software so that it becomes non-infringing, or terminate the license granted hereunder to such Software with refund to Customer of the license fee paid for such Software (less a reasonable charge for the period during which Customer has had available to it the use of such Software). Company will have no liability for any infringement claim to the extent it (i) is based on modification of a Software other than by Company; (ii) results from failure of Customer to use an updated version of a Software; (iii) is based on the combination or use of a Software with any other software, program or device not provided by Company if such infringement would not have arisen but for such use or combination; (iv) results from compliance by Company with designs, plans or specifications furnished by Customer; or (v) results from Customer's operation of the Software in a manner that is inconsistent with its intended use. THE FOREGOING STATES COMPANY'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDIES FOR INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM CUSTOMER'S OR AUTHORIZED USERS' ACCESS TO AND USE OF THE SERVICES; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (V) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT CUSTOMER PAID TO COMPANY HEREUNDER.
13.1 Assignment. Customer may not delegate, assign or transfer this Agreement or any of its rights and obligations under this Agreement and any attempt to do so shall be void. Without limiting the foregoing, in the event of a sale of substantially all the assets of Customer or a merger, re-organization, or change in control of fifty percent (50%) or more of the equity of Customer, no transfer or assignment (including, without limitation, an assignment by operation of law) of this Agreement may be made without the prior written consent of Company.
13.2 Notices. Notices to the parties shall be in writing and shall be sent to the addresses first stated above, Attention: Legal, or such new address as a party specifies to the other in writing.
13.3 Applicable Law; Venue. This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of California, without reference to its choice of law principles. Customer hereby consents to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California with respect to any claim arising under or by reason of this Agreement.
13.4 Entire Agreement. This Agreement is the complete and exclusive statement of the agreement between the parties and supersedes all proposals, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. Any terms and conditions of any purchase order or other instrument issued by Customer in connection with this Agreement which are in addition to, inconsistent with or different from the terms and conditions of this Agreement shall be of no force or effect. This Agreement may be modified only by a written instrument duly executed by authorized representatives of the parties. Any waiver by either party of any condition, term or provision of this Agreement shall not be construed as a waiver of any other condition, term or provision. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.
14.5 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original and each of which together shall constitute a single instrument.
Our technology utilizes human intelligence to identify relevant content sources and provides proprietary symantic web technology to search and find the latest relevant content. We offer links to several articles across a variety of sources so that you may click on the headline that interests you and you'll go directly to the site which published that story.
This Service is provided via an Application Programming Interface (API) to provide content to the customer intranet, internet or Facebook sites. The Service is designed to help you find information that resides on sites not owned or controlled by Company. The Service provides brief descriptions of news stories to help you identify the stories of interest to you. When you select a story, you will be linked to the news site on which that story appears. Company (IT Agility) owns and retains all intellectual property rights to the Service; but Company does not claim ownership rights to the full news stories, which are instead held by the sites to which the Service links. IT Agility reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
You may only display the content of the Service for your own customer use and may not otherwise copy, reproduce, alter, modify, create derivative works. For example, you may not use the Service to sell a product or service; take the results from the Service and use any robot, spider, other device or manual process to create a similar product or service offering. If you are uncertain whether your intended use of the Service is permissible, please contact us.
· Availability subscription credit of 10% for each percentage point below the availability target, up to 50% of the annual subscription fees.
· We are not responsible for Facebook down time caused by the Facebook platform.


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Art for the Heart: Ad Reinhardt's Century of Inspiration
A world-class abstract painter and an ebullient polemicist, Ad Reinhardt (1913–67) once said, "Art is art-as-art and everything else is everything else." For good measure, he also stated, "My paintings are the last paintings one can make."
At David Zwirner Gallery (537 West 20th Street, 212-517-8677, davidzwirner.com, through December 18) you have the rare chance to see 13 of Reinhardt's exquisitely austere "ultimate" black paintings: five-foot-square canvases that, with patient viewing, slowly reveal spectral crosses of dark and darker, cooler and warmer pigments—rainbows by moonlight. (A description Reinhardt would despise, as he once declared, "Artists who peddle wiggly lines and colors as representing emotion should be run off the streets.")
If, however, like Reinhardt's contemporary Philip Guston, you eventually get "sick and tired of all that Purity!" you can revel in the collection of cartoons Reinhardt drew for such leftist publications as The Masses and the New York daily PM. Modern art was often mocked in postwar publications such as the New Yorker; curator Robert Storr points out in the excellent catalogue that Reinhardt used his critical cartoons in the wide-circulation PM "to teach average readers how to look more intelligently at and think harder about the things they were being invited to laugh at."
For students of art history, Reinhardt's cartoons are crammed with in-jokes, razzing friends and foes alike. These include the cream of the era's painters, curators, and critics, even the Museum of Modern Art's big cheese, Alfred Barr: "AllfriedBarrbigqueueHouseofFame." And many contemporary viewers will empathize with the political cartoon depicting politicians snipping the ropes attached to CEO- salary hot-air balloons while "Wages" remains firmly tethered to the ground. In our viciously partisan era, it's almost shocking to see Reinhardt's willingness to honor antecedents to his collage style, such as Max Ernst, a pillar of Surrealism, a movement the hard-core abstractionist found hokey.
Cartoons such as the one above demonstrate that while Reinhart's tongue was certainly in his cheek, his heart was with art for its own sake. Storr describes the typical Reinhardt art cartoon as a "complex critical exercise in the form of a farcical rant." Below, we presume to update Reinhardt's fortnightly polemics, focusing on an aspect of the art world that was raising its ugly head even back in his day—the role of mammon, from today's extravagant romps in Venice to the auction floor. We may not match Reinhardt's complex critical insight or satirical force, but we're happy to rant.
More:1940s1950s1960sAd ReinhardtMax ErnstPhilip GustonRobert StorrVisual Arts

redpajama_set_name: RedPajamaCommonCrawl


Samsung originally released the Galaxy A5 to acclaim in 2014 and then followed it up with the beloved Galaxy A5 this year. The device is still relatively new, but they are already working on the next phone that could be the 2017 Galaxy A5. This unreleased phone has a completely different model number than any other version of the phone. Labelled as SM-A520F, it will have more RAM than the current model - jumping from 2GB to 3GB. It will also have a newer Exynos process to complete with 8 cores and 1.87GHz.
The benchmark showed up at Geekbench, with the new device getting quite a few larger upgrades that are sure to get a lot of fans curious. The current 2016 version has a Qualcomm Snapdragon 615 processor, but the new details suggest that the new one will be powered by Samsung's own octa-core Exynos 7880 and the Mali T830 GPU for graphics. It is likely to have an extra gigabyte of RAM as well, which will make the phone work much more quickly. There is nothing to suggest how much more (if any) internal space there will be, but many people do suspect that Samsung will be changing up and increasing the internal memory as well - from 16GB to 32GB.
The new phone will probably have the same 5.2" displace and the same 1080x1920 resolution, which means that it will be Full HD. There wasn't anything new to be said about the cameras, though many suspect that the 16-megapixel sensors will be on both the front and the back of the phone, with the back sensor having an f/1.9 aperture.
The battery doesn't get any airtime either. There really isn't any indication as to what is going to happen. The benchmark does state that the device will be released running Android 6.0.1 Marshmallow and that it will feature TouchWiz. Samsung could choose to update to Android 7.0 Nougat after release, however.
Current industry insiders, like those on Android Headlines, believe that the phone will be announced alongside new versions of the Galaxy A3 and the Galaxy A7 in late November or early December.


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MySCAI
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Let's End SGR This Week! Contact Your Senators NOW!
Charles E. Chambers, MD, MSCAI
President's Page Leadership
Today the U.S. House of Representatives passed H.R. 2, the "Medicare Access and CHIP Reauthorization Act," which includes a full repeal of the sustainable growth rate (SGR). This is the first time in nearly 20 years that we have come so close to fixing the deeply flawed system that drives physician reimbursement and threatens to limit beneficiaries' access to care.
SCAI, like the rest of the House of Medicine, has been advocating to fix the SGR for years. You can help to push the repeal across the finish line. Here's how:
The U.S. Senate needs to pass the "Medicare Access and CHIP Reauthorization Act" before the April Recess. Contact the Senators who represent you. Please urge them to vote "YES" on H.R. 2.
If you are not sure how to contact your Senators, use the AMA's toll-free Grassroots Hotline: 1-800-833-6354.
Contact me anytime at president@SCAI.org.
Charles Chambers, MD, FSCAI
SCAI President, 2014-15
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Chester Arthur Holland (26 August 1888 – 10 November 1976) was a New Zealand cricketer who played one match for New Zealand in the days before New Zealand played Test cricket.

Early life and career
Holland was born in Bunnythorpe and educated at Palmerston North Boys' High School. He moved to Wanganui in 1907. An opening bowler who also often made useful runs in the middle and lower order, Chester Holland spent most of his career playing non-first-class cricket for Wanganui. In 1909-10 he took 6 for 58 against the touring Australians. In 1912-13, when Wanganui played their first match in the Hawke Cup, Holland took 5 for 14 and 3 for 11 against South Taranaki, in a match Wanganui won by an innings and 393 runs. In 1913-14 Wanganui dominated the Hawke Cup, winning all three matches, Holland taking 33 wickets at an average of 8.39.

He took 4 for 79 for Wanganui against the touring Australians in February 1914, and after New Zealand's loss to Australia in the first of two international matches a few weeks later, several critics urged the selectors to choose talented players from outside the four main teams. The cricketer and clergyman Ernest Blamires said that of all bowlers in New Zealand none had impressed him as favourably as Holland: "He is a fast-medium bowler, and the off break that he gets on a fast wicket is remarkable." Holland was selected for his first-class debut in the second "test" as one of seven changes, alongside Len McMahon from Poverty Bay. However, Holland took only one expensive wicket and New Zealand lost by an innings.

Holland served as a rifleman in the New Zealand Rifle Brigade in World War I.

Later career
Wanganui retained the Hawke Cup in 1914-15, when Holland took 24 wickets at 15.37. They finally lost the title to Poverty Bay in March 1919, despite Holland's 12 wickets for 83 in the match. In all club and representative matches in 1919-20, Holland took 94 wickets at 12.72 and made 934 runs at 44.47.

After taking 6 for 91 for Wanganui against the touring Australian team in March 1921 he played his second first-class match for a Minor Associations XI against the Australians a few days later, but took only one wicket. In 1922-23, when Wanganui again dominated the Hawke Cup, Holland took 10 for 35 and 4 for 44 against South Taranaki, the only instance of a bowler taking all 10 wickets in an innings in a Hawke Cup challenge match.

Still living in Wanganui, Holland was selected to play for Wellington in 1922-23 but had to withdraw owing to injury. The next season, at the age of 35, he played his first Plunket Shield match, for Wellington against Auckland, scoring 54 in the first innings and taking three wickets in a 365-run victory for Wellington. He played one more Plunket Shield match that season and another in 1924-25, but with little success. He returned to Hawke Cup cricket, taking 21 wickets in 1927-28 when Wanganui regained, but then lost, the title.

Holland holds the record for the most wickets taken in Hawke Cup challenge matches. In 24 challenge matches he took 189 wickets at an average of 11.65. He also made 1060 runs at an average of 31.17.

References

External links
Chester Holland at CricketArchive

1888 births
1976 deaths
New Zealand cricketers
Pre-1930 New Zealand representative cricketers
Wellington cricketers
People educated at Palmerston North Boys' High School

redpajama_set_name: RedPajamaWikipedia


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Nicholas Paltridge1, Jin Tao2, Murray Unkovich1, Nyima Tashi2 and David Coventry1
1School of Agriculture Food and Wine, The University of Adelaide, Roseworthy, SA 5371, Australia. Email nicholas.paltridge@adelaide.edu.au
2Tibet Agricultural Research Institute, Lhasa, Tibet Autonomous Region, China
Authorities in the Tibet Autonomous Region of China are concerned about the sustainability and productivity of food production systems, and have initiated a number of projects that aim to boost grain production. However, there is limited information available on current cropping systems, yields and likely yield constraints. To address this knowledge gap, structured interviews were undertaken in 45 farming households across Tibet's central cropping zone. Information was obtained on the crops grown, common farming practices and yields typically attained. Spring barley and winter wheat were found to be the predominant crops, followed by rapeseed, winter barley, and minor fodder and vegetable crops. Cropping systems were characterised by heavy tillage, high sowing rates, high rates of fertiliser application, some use of herbicides, little stubble retention and low levels of mechanisation. Most crops were irrigated, and yields of the main cereal crops were found to be about 4−4.5 t/ha. It is suggested that research and extension in the areas of crop variety, weed control, crop nutrition and seeding technology should lead to significant increases in grain yield. Research is also needed to improve understanding of socio-economic issues, and to improve animal fodder supply so that more crop residues can be retained after harvest.
extant farming system, subsistence, agronomy, no-till
Despite rapid economic growth in China over the past decade, economic conditions in western China remain poor, with hundreds of millions of people living on less than $US 2 per day and a large disparity between rural and urban incomes (World Bank, 2005). One of the poorest regions under Chinese jurisdiction is the Tibet Autonomous Region (henceforth, Tibet); Tibet ranks poorly in terms of per capita income, and a range of health and education indicators (Dreyer, 2003). Food security is considered to be low (Tashi et al., 2002).
Located in south-western China, Tibet encompasses vast tracts of mountainous terrain and the high altitude Chang Tang plateau, leading to an average elevation of over 4000 m a.s.l.. Most areas are unsuitable for permanent human settlement. Only the valleys of southern Tibet – in particular the valleys associated with the Yalongzangpo River and its two tributaries, the Nyachu River and the Lhasa River – have proven suitable for agriculture. The Yalongzangpo River valley runs mainly from west to east across southern Tibet, at elevations ranging from around 3900 m a.s.l. in the west to 3500 m a.s.l. in the east. The valley system encompasses about 230,000 ha of cropland and has been designated the 'crop-dominated production zone' of Tibet (Tashi et al., 2002). Climate is characterised by cold winters but warm summers, strong sunshine and a summer dominant rainfall of around 440 mm.
There are about 2.7 million permanent residents in Tibet, of which 2.2 million (80%) live in rural villages (TSY, 2007), mostly in the Yalongzangpo valley. Though large numbers of non-Tibetan migrants have moved to Tibet over the past 40 years, most settle in urban areas, and practically all rural dwellers are ethnic Tibetans (Goldstein et al., 2003; Fischer, 2006). Livelihoods are based around the production of grain crops and the raising of some livestock (predominantly cattle) on land issued to families after decollectivisation in the 1980s. Most agricultural produce is likely to be consumed on farms rather than sold, and most families supplement their incomes by sending family member(s) to work off farm (Fischer, 2006; Goldstein, 2008). However, cash incomes in rural areas are extremely low, at around 2000 yuan ($US 300) per capita per year (TSY, 2007).
Addressing poverty and reducing the gap between rural and urban incomes has been a major focus for the Chinese Central government for much of the past decade. Within Tibet, the government has set specific goals to boost grain production to improve food security and to raise rural incomes. However, few details have been published of Tibet's farming systems. The aim of the present study was to use structured interviews with farmers to provide baseline information on Tibet's cropping systems and help identify areas where research might lead to improvements in grain production.
Farmers for interview were selected to represent a range of ages and socio-economic status from different environments within the crop-dominated zone, from Shannan Prefecture in the east (29.15'N, 91.46'E, approx. elevation 3550 m a.s.l.) to Shigatse Prefecture in the west (29.15'N, 88.53'E, approx. elevation 3850 m a.s.l., Shigatse). Two teams of enumerators were used. Interviews were conducted in the Tibetan language with individual farmers alone or with their families, in either their fields or households. The same set of standardised questions was used for all interviews. Subjects explored included farm characteristics, mechanisation, crops grown, cropping inputs and practices, and yields obtained. Questions on crops grown referred specifically to the year 2006, whereas questions on crop husbandry and yields were more general so answers reflected typical farmer practice. Interviews were conducted in July and August 2006.
Interviews were conducted with farmers from 22 different villages spanning a majority of the crop-dominated zone, as defined by Tashi et al. (2002), and 45 interviews were able to be completed in the time available to the study. While less than ideal, this was the maximum number possible given language constraints, poorly developed farmer networks and other logistical issues. Quantitative data on the proportion of farmers growing each crop and areas sown are shown in Table 1. Table 2 shows basic data on agronomic practice and yields for the three most widely grown crops; viz., spring barley, winter wheat and rapeseed.
Crops grown
According to interviews, the most important crop grown in Tibet is barley (54% of the sown area; Table 1). The predominance of barley came as no surprise. Eaten as parched or roasted flour (tsampa), barley has provided the staple food for Tibetans for millennia (Tashi, 2005). While most barley grown is spring sown, small areas of winter barley are also grown. Winter barley was introduced to Tibet during the 1970s and 1980s, but has never been widely grown due to susceptibility to winter kill. The second most important crop in Tibet is wheat. Traditionally, the wheat grown in Tibet was of spring type, and it was only during the 1960s and 1970s that winter wheat varieties were introduced. These were initially heavily promoted by government, and continue to be grown on around 30% of the cropped area. Spring wheat appears to have disappeared from common use. The third most important crop grown in the crop-dominated zone is rapeseed (Brassica rapa or B. napus), grown by around half the farmers but only in small areas (7% of the sown area). Rapeseed is a traditional crop of Tibet used to provide cooking oil. The remaining minor crops grown, each sown to <5% of the cultivated area, are fodder crops (any of maize, vetch or oats), potatoes, field peas and miscellaneous vegetables (Table 1). Land area in Tibet is measured in Mu, a unit equivalent to one fifteenth of a hectare. The average area cropped by each farming household was 12.1 Mu (0.8 ha).
Yields for the three main crops were estimated by farmers to be 4.3 t/ha for spring barley, 4.5 t/ha for winter wheat and 1.8 t/ha for oilseeds (Table 2). These yields are well above the global average yields for wheat (2.8 t/ha) and barley (2.5 t/ha), while yields of rapeseed are similar to the global average yield of 1.7 t/ha (FAO, 2008). However, it is likely that yields are significantly lower than could be possible with best practice agronomy. Evidence for this comes from the fact that well-managed research plots in Tibet regularly yield around 8 t/ha of winter wheat, 6 t/ha of spring barley, and 2.7 t/ha of rapeseed (PIRDP, 2005). In addition, near world record wheat yields have been reported in another area of the Tibetan Plateau, the Chaidamu Basin of Qinghai Province, where the environment appears similar (Sinclair and Bai, 1997). Tashi et al. (2002) agree that there is a large gap between attainable yields in Tibet and those that are typically attained on farms in the cropping zone.
Crop husbandry
Quantitative data from interviews (Table 2) as well as qualitative responses provided a general picture of current agronomic practice in Tibet. In brief, Tibetan farmers flood irrigate their fields in autumn for winter cereals, or spring for spring sown crops, before ploughing with a mould-board plough pulled by a small tractor (50% of cases) or a draught animal. Fields are then levelled either manually or by pulling a heavy plank of wood across fields, before seeding using small tractors and seed-drills or broadcast (rarely). Seeding rates are high, at 270 kg/ha for cereals and 24 kg/ha for rapeseed (Table 2). Sowing dates were described by most farmers as 'early October' for winter crops, and late March to April for spring crops. Fields are spread with manure before ploughing, though rates of manure application may have declined in recent years due to shortages in fuel-wood and the need to use manure as fuel for household fires. All farmers also use inorganic fertilisers, with urea applied at an average base rate of 270 kg/ha and di-ammoniumphosphate (DAP) at 225 kg/ha; most farmers then top-dress cereal crops with 75 kg/ha of urea. Weed control is achieved using a combination of cultivation, hand weeding, and in-crop application of broad-leaf or grass-selective herbicides. However, weeds appear to be a major problem in many crops. Fields are irrigated six to seven times across the year, depending on availability of water and rainfall. Practically all grain crops in Tibet are harvested by hand, with cut crops threshed in a village threshing area. Harvested straw is then used as fodder for cattle, which are typically kept tethered outside households. Some straw is also mixed with manure and burnt as household fuel. Harvest occurs in August for most crops, though may be slightly later in the western, higher reaches of the crop-dominated zone. Farmers typically utilise a rotation involving one or two years of spring barley followed by winter wheat, then any of barley, oilseed, field peas or potatoes and other vegetables. Practically all arable land is cropped each year.
Table 1. Cropping data from 45 farms in the crop-dominated zone of Tibet.
% That grow
Area/farm (Mu)
% Sown area
Spring barley
Winter wheat
Winter barley
Field peas
<0.2
Misc. vegetables
Area cropped (Mu)
Table 2. Typical/average crop husbandry practices from 45 farms for the main crops grown.
(n=34)
Yields (t/ha)
Seeding rate (kg/ha)
Sowing date
early Oct
Mar-Apr
Urea (base rate; kg/ha)
DAP (kg/ha)
No. of irrigations
Aug-Sept
Opportunities to boost grain production in Tibet
Based on insights from interviews, we suggest there are six main priorities for research to help close the gap between potential and actual grain yields in Tibet.
1. Crop varieties. The varieties grown of the main wheat, barley and rapeseed crops are both ancient and local or were bred more than 30 years ago. A search within the international germplasm for higher yielding varieties of these crops could lead to improved yields.
2. Weed control. Though farmers currently use a combination of hand-weeding and herbicides to control weeds, most crops observed were very weedy. There is a need to identify the most important weeds on Tibetan farms, the yield penalties they impose, and to develop and promote effective integrated weed management strategies. This need has also been identified by Hobbs (2006).
3. Crop nutrition. Though fertiliser rates appear high, current fertilising regimes focus exclusively on nitrogen and phosphorus nutrition. We believe other nutrients (e.g. potassium) may be deficient and that research is needed to test soils and plant nutrient status across Tibet, so that more specific fertiliser programs can be developed. Research should also be conducted to test organic matter content of Tibetan soils, and to see if increased retention of crop residues could improve soil health.
4. Tillage and crop establishment. Around the world, heavy tillage prior to sowing is increasingly being recognised as unnecessary and even detrimental to the environment and to farming systems (for review, see Hobbs 2007). Preliminary research at the Tibet Agricultural Research Institute has shown that no-till seeding can be adapted to Tibetan conditions, leading to more efficient crop establishment, more timely sowing and improved soil structure.
5. Fodder cropping. Assuming increased retention of crop residues would be beneficial to cropping systems, research into fodder production in Tibet is recommended, for example using cereal/fodder intercrops or double crops to reduce farmer reliance on cereal straw as fodder and improve animal nutrition.
6. Socio-economic research. It is acknowledged that no program to boost grain production is likely to succeed unless it aligns with the wants and needs of farmers. Further interviews and workshops are required to find out from farmers what their attitudes are to the intensification of grain production, and to investigate issues such as market access and the economics of increased grain and fodder production.
Interviews with 45 farmers across the crop-dominated zone of central Tibet revealed spring barley and winter wheat to be the major crops of Tibet, accounting for 81% of the sown area. Yields are high, relative to global averages, but are probably lower than should be possible with improved crop varieties, weed control and nutrition. Research should also be conducted to assess the feasibility of no-till cropping in Tibet and to adapt the technology to Tibetan conditions. To ensure research is relevant to farmers, and to maximise chances of successful extension, further information will also be required on farmer attitudes, motivation, and socio-economic barriers to adoption.
Dreyer JT (2003) Economic development in Tibet under the People's Republic of China. Journal of Contemporary China 12, 411-430.
FAO (2008) http://faostat.fao.org. Accessed July 2008.
Fischer AM (2006) Subsistence Capacity: The commodification of rural labour re-examined through the case of Tibet. Working Paper Series No.06-75, Development Studies Institute, London School of Economics.
Goldstein MC, Ben Jiao, Beall CM and Phuntsog Tsering (2003) Development and change in rural Tibet: Problems and Adaptations. Asian Survey 3, 758-779.
Goldstein MC, Childs G and Puchung Wangdui (2008) Going for income in village Tibet: A longitudinal analysis of change and adaptation, 1997-98 to 2006-07. Asian Survey 48, 514-534.
Hobbs P (2006) Integrated weed management and weed constraints for wheat and barley in Tibet. In: Fodder production and double cropping in Tibet: Training manual. Ed IR Lane. Food and Agriculture Organization of the United Nations, Beijing.
Hobbs P (2007) Conservation agriculture: what is it and why is it important for future sustainable food production? Journal of Agricultural Science 145, 127-137.
(PIRDP) Panam Integrated Rural Development Project (2005) Annual Report Year 2005: Agricultural trials, demonstration and extension. Unpublished report.
Sinclair TR and Bai Q (1997) Analysis of high wheat yields in northwest China. Agricultural Systems 53, 373-385.
Tashi N, Liu Yanhua and Tej Partap (2002) Making Tibet food secure: Assessment of scenarios. International Centre for Integrated Mountain Development, Kathmandu.
Tashi N (2005) Food preparation from hull-less barley in Tibet. In: Food barley: importance, uses and local knowledge. Eds S Grando, G Gormez Macpherson. Proceedings of the international workshop on food barley improvement, 14-17 January 2002, Hammamet, Tunisia. ICARDA, Aleppo, Syria.
(TSY) Tibet Bureau of Statistics (2007) Tibet Statistical Yearbook 2007. China Statistical Press, Beijing.
World Bank (2005) World Development Indicators. International Bank for Reconstruction and Development/THE WORLD BANK: Washington.


text:
In this section: Work and Employment Relations
lubsmdenquiries@leeds.ac.uk
Contesting the Platform Economy
End date: 31 August 2020
Principal investigator: Dr Charles Umney, Dr Vera Trappmann and Dr Simon Joyce
The platform economy has been widely studied, and has frequently been problematized as a source of insecure and low-paid work. In response, there have been growing calls for the re-regulation of labour markets and increased employment and social protections for workers. However, there has so far been little focus on the agency of those working within platform situations to contest their conditions and build alternatives. In various literatures, there is an interest in cooperative organisational forms, as well as new methods of union organising. These insights have not yet been applied in a systematic comparative way to platform work, despite influential calls for "platform cooperativism" and the undeniable emergence of labour unrest among platform firms. To date, empirical investigation of these phenomena has not led to significant theoretical development, having rarely gone beyond descriptive accounts of particular instance of labour conflict. Consequently, there is a clear need for more systematic research in this area.
We are well-placed to address this gap. Our proposal builds on a number of recent CERIC research projects. One lead author (Vera Trappmann) has recently conducted a comparative study of worker mobilisations against precarious work, while another (Charles Umney) has just completed a transnational investigation of platforms in live music including data from three of our chosen country studies (the UK, US and Germany). Several team members were also involved in the recent CERIC study for the European Parliament on social protections for platform workers, which examined platform work in 8 European countries. While all of these studies raise the empirical prospect of mobilisations to contest platform work, none of them aimed to systematically theorise the conditions under which specific types of worker organisation emerged. This experience means that the team has a good understanding of both the practical and intellectual challenges of researching platform work.
This body of research has been developed to lay the foundations for a larger research project, which would address the following objectives:
To develop a theoretical understanding of the nature of the employment relationship in platform settings, including: identifying both the distinctive characteristics of platform work and elements of continuity with more established forms; understanding the links between platform work and the wider political economy; examining the extent to which platform work represents a novel dynamic within employment relations.
To conduct an empirical investigation of the conditions of platform work, including: a comparison between corporate and non-commercial platforms (such as municipal and cooperative models) in terms of worker experience and job quality; an evaluation of non-commercial platform models as a viable and potentially progressive alternative; an examination of how different models emerge as responses to varying institutional and market conditions.
To conduct an empirical investigation into worker mobilisation in platform settings, including: the conditions under which mobilisations can occur and can be successful; emerging forms of non-union platform worker representation and contestation organisation, such as social media groups, worker cooperatives, and more informal networks; responses of established trade unions to the challenge of platform work.