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TERMS OF SERVICES |
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Terms Of Services
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| These "Terms
and Conditions" govern your use of Nannyville.com.
They also provide notice of some of Nannyville.com's
policies. Please read these carefully. |
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If you do not accept the Terms and Conditions
stated here, do not use this web site and service.
By using this web site, you are indicating your
acceptance to be bound by these Terms and Conditions.
Nannyville.com, LLC. may revise these Terms and
Conditions at any time at its sole discretion
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.
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| The contents of
this Web Site, such as the "look" and "feel" of
the Web Site, text, graphics, images, logos, button
icons, software and other "Material", are protected
under both United States and foreign copyright,
trademark and other laws. All Material is the
property of Nannyville.com or its content suppliers
or customers. The compilation (meaning the collection,
arrangement and assembly) of all content on this
Web Site is the exclusive property of Nannyville.com
and protected by U.S. and international copyright
laws. Unauthorized use of the Material may violate
copyright, trademark, patent 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 or other
code that Nannyville.com creates to generate its
pages. It is also protected by Nannyville.com's
copyright. |
ACCEPTABLE SITE USE.
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| 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 patent, 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 harmful, defamatory, libelous,
vulgar, obscene, threatening, abusive, harassing,
tortious, hateful or otherwise objectionable.
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STANDARDS FOR INTERNET CONDUCT/ACCEPTABLE SITE
USE.
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| In connection
with your use of the Web Site, you will not:
- Post, transmit, distribute, store, upload,
or destroy material (i) in violation of any
applicable local, state, national, or international
law or regulation, or (ii) in a manner that
will infringe the copyright, trademark, trade
secret, patent or other intellectual property
rights of others or violate the privacy, publicity
or other personal rights of others.
- Post or transmit any message, information,
data, text, software or images, or other materials
("Content") that is unlawful, harmful, threatening,
abusive, harassing, defamatory, libelous, vulgar,
obscene, tortious otherwise objectionable or
that may invade another's right of privacy or
publicity.
- Impersonate any person or entity, including
without limitation a Nannyville employee or
agent, an authorized user of Nannyville.com's
services, a candidate, placement specialist
or an employer, or otherwise misrepresent your
affiliation with any person or entity.
- Post or transmit any Content that you do not
have a right to reproduce, display or transmit
under any law or under contractual or fiduciary
relationships (such as nondisclosure agreements
or the resume of an individual other than yourself).
- Delete or modify any material posted by any
other person or entity not related to you.
- Print out or otherwise copy or use any personally
identifiable information about candidates for
purposes other than consideration of the candidates
for potential employment by your company.
- Communicate, send, or place unsolicited e-mail,
telephone calls, mailings or other contacts
to posting individuals and entities.
- Register an e-mail address that you do not
own or for which you do not have the express
permission of the owner to register.
- Violate or attempt to violate the security
of the Web Site, including, without limitation:
- accessing data not intended for such user
or logging into a server or account that the
user is not authorized to access;
- attempting to probe, scan or test the vulnerability
of a system or network or to breach security
or authentication measures without proper
authorization;
- attempting to interfere with service to
any user, host or network, including, without
limitation, submitting a virus or corrupted
data to the Web Site, overloading, continuous
posting of repetitive text, "flooding", "spamming",
"mailbombing" or "crashing";
- sending unsolicited advertising, promotional
materials, e-mail, "junk mail", "chain letters",
or any other form of solicitation; or
- forging any TCP/IP packet header or any
part of the header information in any e-mail
or posting.
Violations of system or network security may
result in civil or criminal liability. Nannyville.com
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.
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| The Web Site
may be used only for lawful purposes by individuals
seeking employment and career information and
Nannyville.com member families seeking to hire
employees and manage relationships with their
placement vendors. Nannyville.com specifically
prohibits any use of the Web Site, and all users
agree not to use the Web Site, for any of the
following: Posting or transmitting any
unsolicited advertising, promotional materials,
junk mail, "spam," chain letters or any other
form of solicitation or any non-resume information
such as opinions or notices, commercial or otherwise.
YOU MAY NOT SPAM OUR MEMBER FAMILIES OR CANDIDATES
WHOSE RESUMES APPEAR ON THE WEB SITE. YOU MAY
NOT RESPOND TO A JOB LISTING OTHER THAN IF YOU
ARE APPLYING FOR THAT JOB ON BEHALF OF YOURSELF.
RECRUITERS AT A MEMBER COMPANY MAY NOT USE ALLOCATED
JOB LISTINGS OTHER THAN TO LIST AVAILABLE JOBS
AT THE MEMBER COMPANY.
- Posting any incomplete, false or inaccurate
biographical information or information which
is not your own accurate resume that you have
posted for the purpose of seeking job opportunities
for yourself (living individual seeking employment
on a full-time or part-time basis on his or
her own behalf). Recruiters representing candidates
may not send that candidate's resume in response
to a job posting.
- Posting any franchise, pyramid scheme, "club
membership", distributorship or sales representative
agency arrangement or other business opportunity
which requires an up front or periodic payment,
pays commissions only (no significant salary)
or requires recruitment of others including,
but not limited to, members, sub-distributors
or sub-agents
- 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 that imposes an unreasonable
or disproportionately large load on this Web
Site's infrastructure.
- YOU HAVE A PASSWORD ALLOWING ACCESS TO A NON-PUBLIC
AREA OF THIS WEB SITE, DISCLOSING TO OR SHARING
YOUR PASSWORD WITH ANY OTHER PERSON OR ENTITY
OR USING YOUR PASSWORD FOR ANY UNAUTHORIZED
PURPOSE.
- Notwithstanding 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 Nannyville.com
on this Web Site and other than generally available
third party web browsers (e.g., Netscape Navigator,
Microsoft Explorer).
- 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.
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USE OF SECURE AREA AND PASSWORD.
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| Use of any password-protected
area of the web site is restricted to the registered
user who has been given permission and a password
to enter such area. This password cannot be distributed
to others, and the registered user is responsible
for any and all damages to Nannyville.com resulting
from the distribution of his or her 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 Nannyville.com
of any unauthorized use of your registration or
password. |
USER INFORMATION.
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| 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 Nannyville.com may disclose to
third parties, on an anonymous basis, certain
aggregate information resulting from information
that you place on the Web Site. Nannyville.com
reserves the right to offer third party services
and products to you based on the preferences that
you identify; such offers may be made by Nannyville.com
or by third parties. Please see Nannyville.com's
Privacy Policy for further details regarding your
information. |
USER SUBMISSIONS.
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| As a user, you
are responsible for your own communications and
are responsible for the consequences of their
posting. You must not, and by using this Web Site
you agree not to, do the following things: post
the resume of anyone other than yourself, post
material that is copyrighted, unless you are the
copyright owner or have the permission of the
copyright owner to post it; delete any author
attributions, legal notices or proprietary designation
or labels that you upload; post material that
reveals trade secrets, unless you own them or
have the permission of the owner or otherwise
post or transmit any material that you do not
have a right to reproduce, display or transmit
under any law or under contractual or fiduciary
relationships (such as material protected by a
nondisclosure agreement); 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, corrupted
data, 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.
Nannyville.com 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.
Nannyville.com 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, Nannyville.com may investigate
the allegation and determine in good faith and
its sole discretion whether to remove or request
the removal of the communication. Nannyville.com
has no liability or responsibility to users for
performance or nonperformance of such activities.
Nannyville.com 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. Nannyville.com
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 Nannyville.com or may cause Nannyville.com
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 Nannyville.com
and its affiliates the royalty-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. |
NANNYVILLE.COM'S LIABILITY.
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| Nannyville.com
is only a venue. This Web Site acts as a venue
for (i) families to post job opportunities and
to interact with their placement vendors and (ii)
for candidates to post their own resumes for the
purpose of evaluating job opportunities for themselves.
Nannyville.com does not screen or censor the profiles
or other information. Nannyville.com is not involved
in the actual transaction between Member families
and their vendors or families and candidates.
As a result, Nannyville.com has no control over
the quality, safety or legality of the jobs or
profiles posted, the truth or accuracy of the
listings, the ability of families to offer job
opportunities to candidates or the ability of
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, Nannyville.com 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 Nannyville.com, in the event that you have
a dispute with one or more users, you release
Nannyville.com (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. If you are
a California resident, you waive California Civil
Code Section 1542, which says: "A general release
does not extend to claims which the creditor does
not know or suspect to exist in his favor at the
time of executing the release, which if known
by him must have materially affected his settlement
with the debtor."
We are under no legal obligation to, and generally
do not, control the information provided by other
users that 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.
The Material may contain inaccuracies or typographical
errors. Nannyville.com 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 resume or material contained therein placed
by you on the Web Site. Families are solely responsible
for their postings on the Web Site.
Nannyville.com does not warrant or guarantee
that a resume or job posting will be viewed by
any specific number of users, or that it will
be viewed by any user.
Nannyville.com is not to be considered to be
an employer with respect to your use of the Web
Site and Nannyville.com shall not be responsible
for any employment decisions, for whatever reason
made, made by any entity posting jobs or candidate
profiles on the Web Site.
NANNYVILLE.COM 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, Nannyville.COM
IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
Nannyville.COM, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Nannyville.COM MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS,
AND LINKS. |
DISCLAIMER OF CONSEQUENTIAL DAMAGES.
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| IN NO EVENT SHALL
NANNYVILLE.COM, 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 Nannyville.COM IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. |
LINKS TO OTHER SITES.
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| 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 Nannyville.com
of the contents on such third-party Web sites.
Nannyville.com 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.
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| You agree not
to resell or assign your rights or obligations
under these Term and Conditions. You also agree
not to make any unauthorized commercial use of
the Web Site. |
LIMITATION OF LIABILITY.
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| The aggregate
liability for Nannyville.com to you for all claims
arising from the use of the Materials is limited
to $50. |
TERMINATION.
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| Nannyville.com
reserves the right, at its sole discretion, to
pursue all of its legal remedies, including but
not limited to deletion of your information 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 Nannyville.com, upon any breach by you of these
Terms and Conditions or if Nannyville.com is unable
to verify or authenticate any information you
submit to the Web Site registration with or ability
to access the Web Site. |
INDEMNITY.
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| You agree to
defend, indemnify, and hold harmless Nannyville.com,
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. Nannyville.com
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.
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| Nannyville.com
makes no claims that the Materials may be lawfully
viewed or downloaded outside of the United States.
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 States,
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 State of New
York, without respect to its conflict of laws
principles. Jurisdiction for any claims arising
under this agreement shall lie exclusively with
the state or federal courts within New York County,
New York. 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 the Terms and Services,
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 Nannyville.com 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. |
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