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Baby-Sitters.net
The online UK BabySitters Job Board |
SITE
USER AGREEMENT
Terms
and Conditions
This
page states the "Terms and Conditions" under which you may
use Baby-sitters.net. Please read this page carefully. If you do not
accept the Terms and Conditions stated here, you will not be able to
use this site. By using this web site, you are indicating your
acceptance of the terms and conditions stated on this page and you
are agreeing to be bound by these terms and conditions.
Baby-sitters.net (the "Company") may revise these Terms and
Conditions at any time by updating this posting. You should visit
this page periodically to review the Terms and Conditions, because
they are binding on you. The terms "You" and
"User" as used herein refer to all individuals and/or
entities accessing this web site for any reason.
Use
of Material.
The
Company authorizes you to view and download the material on
Baby-sitters.net (the "Web Site") solely for your personal,
non commercial use.
The
contents of this Web Site, such as text, graphics, images, logos,
button icons, software and other "Material", are protected
under both United Kingdom and foreign copyright, trademark and other
laws. All Material is the property of the Company or its content
suppliers or clients. The compilation (meaning the collection,
arrangement and assembly) of all content on this Web Site is the
exclusive property of the Company and protected by UK. and
international copyright laws. Unauthorized use of the Material may
violate copyright, trademark, and other laws. You must retain all
copyright, trademark, service mark and other proprietary notices
contained in the original Material on any copy you make of the
Material. You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the Material
in any way for any public or commercial purpose. The use of the
Material on any other web site or in a networked computer environment
for any purpose is prohibited.
You
shall not copy or adapt the HTML code that the Company creates to
generate its pages. It is also protected by the Company's copyright.
Acceptable
Site Use.
General
Rules: Users may not use the Web Site in order to transmit,
distribute, store or destroy material (a) in violation of any
applicable law or regulation, (b) in a manner that will infringe the
copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal
rights of others, or (c) that is defamatory, obscene, threatening,
abusive or hateful.
Web
Site Security Rules. Users are prohibited from violating or
attempting to violate the security of the Web Site, including,
without limitation, (a) accessing data not intended for such user or
logging into a server or account which the user is not authorized to
access, (b) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures
without proper authorization, (c) attempting to interfere with
service to any user, host or network, including, without limitation,
via means of submitting a virus to the Web Site, overloading,
"flooding", "spamming", "mailbombing"
or "crashing", (d) sending unsolicited e-mail, including
promotions and/or advertising of products or services, or (e) forging
any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting. Violations of system or network security
may result in civil or criminal liability. The Company will
investigate occurrences that may involve such violations and may
involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations.
Specific
Prohibited Uses.
The
Web Site may be used only for lawful purposes by individuals seeking
employment and babysitters and career information and by employers
seeking to employ one or more babysitters. The Company specifically
prohibits any use of the Web Site, and all users agree not to use the
Web Site, for any of the following:
Posting
any incomplete, false or inaccurate biographical information or
information which is not your own accurate resume.
Deleting
or revising any material posted by any other person or entity.
Using
any device, software or routine to interfere or attempt to interfere
with the proper working of this Web Site or any activity being
conducted on this site.
Taking
any action which imposes an unreasonable or disproportionately large
load on this Web Site's infrastructure.
If
you have a password allowing access to a non-public area of this Web
Site, disclosing to or sharing your password with any third parties
or using your password for any unauthorized purpose.
Not
withstanding anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or other device
or mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this Web Site
other than the search engine and search agents available from the
Company on this Web Site and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Attempting
to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of the Web Site.
Aggregating,
copying or duplicating in any manner any of the materials or
information available from the Web Site.
Framing
of or linking to any of the materials or information available from
the Web Site.
User
Information.
When
you register for the Web Site, you will be asked to provide the
Company with certain information including, without limitation, a
valid Email address (your "Information"). In addition to
the terms and conditions that may be set forth in any privacy policy
on this Web Site, you understand and agree that the Company may
disclose to third parties, on an anonymous basis, certain aggregate
information contained in your registration application. The Company
will not disclose to any third party your name, address, e-mail
address or telephone number without your prior consent, except to the
extent necessary or appropriate to comply with applicable laws or in
legal proceedings where such information is relevant. The Company
reserves the right to offer third party services and products to you
based on the preferences that you identify in your registration and
at any time thereafter; such offers may be made by the Company or by
third parties. Please see the Company's Privacy Policy for further
details regarding your Information.
User
Submissions.
As
a user, you are responsible for your own communications and are
responsible for the consequences of your own communications being
posted. You must not, and by using this Web Site you agree not to, do
the following things: post material that is copyrighted, unless you
are the copyright owner or have the permission of the copyright owner
to post it; post material that reveals trade secrets, unless you own
them or have the permission of the owner; post material that
infringes on any other intellectual property rights of others or on
the privacy or publicity rights of others; post material that is
obscene, defamatory, threatening, harassing, abusive, hateful, or
embarrassing to another user or any other person or entity; post a
sexually-explicit image or statement; post advertisements or
solicitations of business, post chain letters or pyramid schemes;
impersonate another person; or post material that contains viruses,
Trojan horses, worms, time bombs, cancelbots or other computer
programming routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or information.
The
Company does not represent or guarantee the truthfulness, accuracy,
or reliability of communications posted by users or endorse any
opinions expressed by users. You acknowledge that any reliance on
material posted by other users will be at your own risk.
The
Company acts as a passive conduit for the Online distribution and
publication of user-submitted information and has no obligation to
screen communications or information in advance and is not
responsible for screening or monitoring material posted by users. If
notified by a user of communications which allegedly do not conform
to these Terms and Conditions, the Company may investigate the
allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication. The
Company has no liability or responsibility to users for performance
or nonperformance of such activities. The Company reserves the right
to expel users and prevent their further access to the Web Site for
violating the Terms and Conditions or the law and the right to remove
communications which are abusive, illegal, or disruptive. The Company
may take any action with respect to user-submitted information that
it deems necessary or appropriate in its sole discretion, if it
believes it may create liability for the Company or may cause the
Company to lose (in whole or in part) the services of its ISPs or
other suppliers.
By
submitting content to any public or non-public area of the Web Site,
including message boards, forums, contests and chat rooms, you grant
the Company and its affiliates the loyalty-free, perpetual,
irrevocable, sublicenseable (through multiple tiers), non-exclusive
right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display the
content (in whole or in part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later
developed, for the full term of any rights that may exist in such
content. You also warrant that the holder of any rights, including
moral rights in such content, has completely and effectively waived
all such rights and validly and irrevocably granted to you the right
to grant the license stated above. You also permit any subscriber to
access, display, view, store and reproduce such content for personal
use. Subject to the foregoing, the owner of such content placed on
the Web Site retains any and all rights that may exist in such content.
Registration
and Password.
You
are responsible for maintaining the confidentiality of your
information and password. You shall be responsible for all uses of
your registration, whether or not authorized by you. You agree to
immediately notify the Company of any unauthorized use of your
registration or password.
Identification
Of Agent To Receive Notification And Elements Of Notification Of
Claimed Copyright Infringement.
If
you believe that your copyrighted work has been uploaded, posted or
copied to this Web Site and is accessible on this Web Site in a way
that constitutes copyright infringement, please notify us by
providing our designated copyright agent with the following information:
The
physical or electronic signature of either the copyright owner or of
a person authorized to act on the owner's behalf;
A
description of the copyrighted work you claim has been infringed,
and a description of the activity that you claim to be infringing;
Identification
of the URL or other specific location on this web site where the
material or activity you claim to be infringing is located or is
occurring; you must include enough information to allow us to locate
the material or the activity;
Your
name, address, telephone number and, if you have one, your e-mail address;
A
statement by you that you have a good faith belief that use on the
web site of the copyrighted work in the manner you are complaining of
is not authorized by the copyright owner, any agent of the copyright
owner, or the law; and
A
statement by you, made under penalty of perjury, that the
information you have provided in your notice is accurate and that you
are either the copyright owner or are authorized to act on behalf of
the copyright owner.
Policy
Regarding Termination Of Users And Account Holders Who Repeatedly
Infringe The Copyright Or Other Intellectual Property Rights Of Others.
Baby-sitters.net
respects the intellectual property of others, and we ask our users,
account holders and content partners to do the same. The unauthorized
reproduction, copying, distribution, modification, public display or
public performance of copyrighted works constitutes infringement of
the copyright owners' rights. As a condition to your use of this Web
Site, you agree not to use the Web Site to infringe the intellectual
property rights of others in any way. We will terminate the accounts
of any account holders, and block access to our Web Site of any
users, who are repeat infringers of the copyrights, or other
intellectual property rights, of others. We reserve the right to take
these actions at any time, in our sole discretion, with or without
notice, and without any liability to the account holder who is
terminated or to the user whose access is blocked.
The
Company's Liability.
Baby-sitters.net
is only a venue. This Web Site acts as a venue for prospective
employers of babysitters to post babysitter opportunities and
babysitter candidates to post profiles and does not screen or censor
the listings offered. The Company is not involved in the actual
transaction between such prospective employers and the respective
babysitter candidates. As a result, the Company has no control over
the quality, safety or legality of the jobs or resumes posted, the
truth or accuracy of the listings, the ability of prospective
employers to offer job opportunities to candidates or the ability of
the babysitter candidates to fill job openings. In addition, note
that there are risks, including but not limited to the risk of
physical harm, of dealing with strangers, foreign nationals, underage
persons, or people acting under false pretenses. You assume all risks
associated with dealing with other users with whom you come in
contact through the Web Site.
Because
user authentication on the Internet is difficult, baby-sitters.net
cannot and does not confirm that each user is who they claim to be.
Because we do not and cannot be involved in user-to-user dealings or
control the behavior of participants on baby-sitters.net, in the
event that you have a dispute with one or more users, you release the
Company (and our agents and employees) from claims, demands and
damages (actual and consequential, direct and indirect) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes.
We
are under no legal obligation to, and generally do not, control the
information provided by other users which is made available through
the Web Site. By its very nature, other people's information may be
offensive, harmful or inaccurate, and in some cases will be
mislabeled or deceptively labeled. We expect that you will use
caution and common sense when using this Web Site and that each
person submitting a posting to the Web Site will be mindful and in
full compliance with the associated pertinent legal obligations and restrictions.
The
Material may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, reliability,
completeness, or timeliness of the Web Site or the Material. The use
of the Web Site and the Material is at your own risk. Changes are
periodically made to the Web Site and may be made at any time.
You
acknowledge and agree that you are solely responsible for the form,
content and accuracy of any profile or material contained therein
placed by you on the Web Site. Prospective au-pair Employers are
solely responsible for their postings on the Web Site.
The
Company is not to be considered to be an employer with respect to
your use of the Web Site and the Company shall not be responsible for
any employment decisions, for whatever reason made, made by any
entity posting jobs on the Web Site.
The
company does not at any time offer refunds of membership fees paid
due to the fact that information in the members areas have already
been given. No cooling off periods will apply to your membership.
THE
COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE
WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer
of Consequential Damages.
IN
NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE
AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Links
to Other Sites.
The
Web Site contains links to third party web sites. These links are
provided solely as a convenience to you and not as an endorsement by
the Company of the contents on such third-party Web sites. The
Company is not responsible for the content of linked third-party
sites and does not make any representations regarding the content or
accuracy of materials on such third party Web sites. If you decide to
access linked third party Web sites, you do so at your own risk.
No
Resale or Unauthorized Commercial Use.
You
agree not to resell or assign your rights or obligations under these
Term of Use. You also agree not to make any unauthorized commercial
use of the Web Site.
Limitation
of Liability.
The
aggregate liability for the Company to you for all claims arising
from the use of the Materials is limited to £100.
Termination.
The
Company reserves the right, at its sole discretion, to pursue all of
its legal remedies, including but not limited to deletion of your
postings from this Web Site and immediate termination of your
registration with or ability to access the Web Site and/or any other
service provided to you by the Company, upon any breach by you of
these Terms and Conditions or if the Company is unable to verify or
authenticate any information you submit to the Web Site registration
with or ability to access the Web Site.
Indemnity.
You
agree to defend, indemnify, and hold harmless the Company, its
officers, directors, employees and agents, from and against any
claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of the
Material or your breach of the terms of these Terms and Conditions.
The Company shall provide notice to you promptly of any such claim,
suit, or proceeding and shall assist you, at your expense, in
defending any such claim, suit or proceeding.
General.
The
Company makes no claims that the Materials may be lawfully viewed or
downloaded outside of the United Kingdom. Access to the Materials may
not be legal by certain persons or in certain countries. If you
access the Web Site from outside of the United Kingdom, you do so at
your own risk and are responsible for compliance with the laws of
your jurisdiction. These Terms and conditions are governed by the
internal substantive laws of the United Kingdom, without respect to
its conflict of laws principles. If any provision of these Terms and
Conditions are found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any term of
these Terms and Conditions shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided
in additional terms of use for areas of the Web Site a particular
"Legal Notice," or Software License or material on
particular Web pages, these Terms and Conditions constitute the
entire agreement between you and the Company with respect to the use
of Web Site. No changes to these Terms and Conditions shall be made
except by a revised posting on this page.
Additional
Terms of Use.
Certain
areas of this Web Site are subject to additional terms of use. By
using such areas, or any part thereof, you agree to be bound by the
additional terms of use applicable to such areas.
©
Copyright 2002-2007 Baby-sitters.net
Email:
Webmaster@baby-sitters.net