Nanny World Terms of Service
Welcome to the Nanny World web site (a "Service"), provided to you by InteliMark Enterprises, LLC. ("InteliMark"). These Terms of Service govern your use of this site and its Services. Your use of this site and our Services constitutes acceptance of these Terms of Service and creates a binding legal agreement, so please read them carefully. InteliMark may change these Terms from time to time, so please check back periodically.
InteliMark claims no ownership rights to any information or image contained in your profile. For the sole purpose of displaying your images and personal information through InteliMark’s Childcare Network Affiliate Web Sites, inclusive of Nanny World, you grant to InteliMark a non-exclusive, royalty-free license to use, copy, distribute, display and present such images and information through Nanny World and all Childcare Network Affiliate web sites, accessible via the Internet and through search engines that index such web sites.
Fee Schedule
Registration on Nanny World is free. By clicking the button,
"submit
- I agree to terms" you are agreeing to the General Terms of Service;
the terms of conduct as described herein as well as the Nanny World Refund Policy and Privacy Policy.
A paid Membership is not required to list your profile or search the
Nanny World database. Once you have registered for free, you may choose
to purchase a 90-day or a 30-day Membership to gain full access to
either the Family or Aupair contact database. There are no additional
placement fees or commissions charged by Nanny World.
Your Conduct
Unacceptable actions, conditions and content on this site, listed below, will constitute grounds for blocking your access to this site, removal of posted material and cancellation of your registration and or membership without refund. As condition of your use of this site and Nanny World's service, you agree that you shall not:
(a) Include your last name or enter your personal contact information
such as an email address, ICQ number, chat address or personal web page
address in any photo, image or text field which does not specifically
request such information;
(b) Attempt to subvert the membership system or direct users to any
other web site, location or directory where your contact information
may be obtained;
(c) Upload or post any information or advertisement that may be
considered as competitive to the Nanny World service. Solicitation for
services by any means, other than those offered or directly approved by
Nanny World, to its registered users or Members is strictly forbidden.
And under no circumstances shall the harvesting and commercial re-use
of emails be allowed;
(d) Share your membership or contact information with any other person
or disclose your password to any third parties or share it with any
third parties. If, despite the foregoing, you lose control of your
password, you may lose substantial control over your personally
identifiable information and may be subject to legally binding actions
taken on your behalf;
(e) Upload, post, email or otherwise transmit any content that is
unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar,
invasive of another's privacy, hateful, discriminatory or otherwise
objectionable;
(f) Create or maintain more than one active profile at a time. Each
family or aupair is allowed only one active profile in the Nanny World
database at any one time;
(g) Upload, post, email or otherwise transmit any content that you do
not have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements) or any content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
(h) Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through this site;
(i) Upload, post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software;
(j) Interfere with or disrupt (or attempt to interfere with or disrupt)
this site or servers or networks connected to this site, or disobey any
requirements, procedures, policies or regulations of networks connected
to this site;
(k) Exhibit expressions of abuse, offensive language and imagery,
obscenity, or pornography, including, but not limited to, child abuse,
child pornography, depictions of minors engaged in sexual conduct or
explicitly sexual situations, or any other material that could give
rise to any civil or criminal liability under applicable state or
federal law, or violating any laws or regulations of any governing body
having jurisdiction over InteliMark or its subsidiaries, affiliates or
users;
(l) Have been convicted of any sexual or criminal offense in the past 10 years;
(m) Harm minors in any way.
No Monitoring of Content
InteliMark does not control the content of any user's profile and does not have any obligation to monitor such content for any purpose. All content provided by a user of this site is the sole responsibility of that user, not InteliMark or its subsidiary Nanny World.
Account Cancellation Policy
You may cancel your account at any time: How to Cancel. Account cancellation is the sole responsibility of the account creator. Nanny World does NOT automatically charge your credit card for membership renewals. If you wish to renew your membership, simply pay online prior to the expiration of your current membership.
Once Nanny World has received membership payment, you are granted full access to either the Family or AuPair/Nanny contact database, based on your selection. Paid memberships cannot be put on hold and "banked" for use at a later time. If you deactivate your account, your membership will still expire based on the number of consecutive calendar days from the date your membership took effect. If you deactivate or cancel your account prior to the end of your membership period of either 30 or 90 days, Nanny World does not provide a pro-rated refund. Membership sales are final.
Account Deactivation Policy
Nanny World reserves the right to deactivate and cancel your account based on the following conditions of non-use. In the event 45 days pass and you have not signed in to your registered account, your account will be deactivated, which means that your profile will not appear in the results of any searches. You will be notified via your registered email address that your account has been deactivated. If you do not re-activate your account within 15 days of de-activation, your account will be automatically deleted from the Nanny World database and web site.
DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
A) DISCLAIMER OF WARRANTY: THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. INTELIMARK CANNOT IN ANY WAY BE HELD RESPONSIBLE FOR THE ACCURACY OR TRUTHFULNESS OF ANY OF THE INFORMATION PROVIDED IN ANY AUPAIR, NANNY, FAMILY OR AGENCY PROFILE. ANY ARRANGEMENTS MADE BETWEEN PARTIES IS SOLEY AT EACH PARTY'S DISCRETION, EXPENSE AND RISK. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, INTELIMARK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE.
B) NO ENDORSEMENT OF MEMBER CONTENT: YOU, THE USER ACKNOWLEDGE AND AGREE THAT INTELIMARK DOES NOT ENDORSE THE CONTENT OF ANY MEMBER AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, EVEN THOUGH IT MAY BE UNLAWFUL, HARASSING, LIBELOUS, PRIVACY INVADING, ABUSIVE, THREATENING, DISCRIMINATORY, HARMFUL, VULGAR, OBSCENE, OR OTHERWISE OBJECTIONABLE, OR THAT IT INFRINGES OR MAY INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER. YOU ACKNOWLEDGE THAT INTELIMARK DOES NOT PRE-SCREEN ALL CONTENT, BUT THAT INTELIMARK AND ITS DESIGNEES WILL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE, EDIT, MOVE OR REMOVE ANY CONTENT THAT IS PUBLICLY AVAILABLE VIA THE SERVICE.
C) LIMITATION OF LIABILITY: YOU, THE USER ACKNOWLEDGE AND AGREE THAT INTELIMARK WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTELIMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH AN INTELIMARK SITE (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; (v) STATEMENTS OR CONDUCT OF ANYONE USING THE SITE OR ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
D) INDEMNIFICATION: YOU AGREE TO PROTECT AND FULLY COMPENSATE INTELIMARK AND ITS SERVICE PROVIDERS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) ARISING FROM YOUR USE OF THE SERVICES, YOUR VIOLATION OF THE TERMS OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANYONE.
Refund Policy
There are no refunds on memberships. Once Nanny World
has received payment, you are granted full access to either the Family or
Aupair contact database, based on your selection. Paid memberships cannot
be put on hold and "banked" for use at a later time. If you deactivate your
account, your membership will still expire based on the number of consecutive
calendar days from the date your membership took effect. If you deactivate
or cancel your account prior to the end of your membership period of either
30 or 90 days, Nanny World does not provide a prorated refund. Membership
sales are final.
There are no refunds on memberships or services as they are delivered
upon payment. Background and reference checks are initiated immediately
upon service token redemption. Completed reports are not refundable. In
the event a token is redeemed for a candidate who fails to complete the
online release form, the token may be un-redeemed and used for another
candidate. Requests for refunds on redeemed service tokens will be
subject to a service charge of $25 per token.
Acceptance of General Terms of Service
By using the web site, Nanny World, and/or by applying for or receiving membership services from Nanny World, you acknowledge that you are bound by the terms and conditions set forth herein. All legal issues arising from or related to the use of this site or Nanny World's services shall be construed in accordance with the laws of the State of California without regard to conflicts of law principles. Exclusive jurisdiction for any claim or dispute against Nanny World or its parent, InteliMark resides in the courts of California State. These Terms of Service constitute the entire agreement between you and InteliMark and its subsidiary, Nanny World with respect to the use of this site and any Nanny World services. InteliMark's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.