Last updated: April 04, 2017
- Copyright. Material on this Platform is protected by copyright and other law and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the copyright owner.
- Trademarks. All trademarks on this site are property of the Company or of third parties who are authorized to post material on the Platform. No license is granted with respect to these intellectual property rights, except where expressly set out herein, and no trademarks on this site may be used without prior permission from The Company or, in the case of third party trademarks, the relevant third party owner.
- No Unlawful Purpose. Material on this Platform is provided for lawful purposes only, and may not be used for any unlawful purposes.
- Message Boards. This Platform may contain discussion groups, news groups, bulletin boards, chat rooms and other interactive services (collectively, “Message Boards”). Your use of Message Boards is at your own risk. We reserve the right, but not the obligation, to monitor our Message Boards and to remove or alter any content which, in our sole discretion, constitutes a misuse. We are not responsible for maintaining your postings and we may delete or destroy them at any time.
- No Liability; Platform Provided “As Is”. The Company is not liable for any damages, harm, or injury that relate to, arise out of, or result from the use of, or access to, or the inability to use, any of the materials on this Platform. The materials on this Platform are provided “as is,” and without warranties of any kind, express or implied.
- Restrictions on Access to Platform. We may restrict, suspend or terminate your access to this Platform at any time if we believe that you have breached these Terms and Conditions. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms and Conditions.
- Claims of Copyright Infringement. We respect the intellectual property rights of others, and require that the people who use the Platform do the same. We may, in our discretion, terminate the accounts of users who may infringe the copyrights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the address listed below:
- A description of the copyrighted work that you claim has been infringed;
- A description of the alleged infringing activity and where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent to receive notification of claimed copyright infringement can be reached at:
P.O. Box _____
Brooklyn, New York [ ]
- Use of the Platform. The Company connects individuals who provide on-demand babysitting and other services (“Providers”) with people seeking such services (“Users”). You (whether you are a Provider, User or neither) acknowledge and agree that the Company does not provide babysitting services, is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users or Providers. The Company does not and has no obligation to screen or verify the identity or background of any User or Provider. The Company makes no representations about the Users or Providers. You should make your own assessments of the persons you decide to interact with, engage or provide services to. You agree that the Company has no responsibility or liability to you related to any babysitting or other service provided to you or by you through the use of the services other than as expressly set forth in these terms. Users and Providers arrange for the babysitting and other services solely between themselves, and the Company is not a party to any of those arrangements. The Company does not have control, supervise or provide any training or equipment to the Providers, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Providers. Except with regard to issuing of necessary tax documentation (as more fully described in paragraph 10 of these Terms and Conditions), the Company is not involved in the transactions between Providers and Users and solely provides the services to facilitate user booking and connecting. The Company does not guarantee the suitability, safety or ability of Providers who provide babysitting or other services. It is solely your responsibility to determine if Providers will meet your needs and expectations. The Company will not participate in disputes between and among Users and/or Providers. In the event that you have a dispute with one or more User or Provider, you release the Company (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) 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. The Company expressly disclaims any liability that may arise between Users and Providers on the Platform.
- Issuance of Form 1099. Since the Company helps payment for services by settling credit card transactions through the Platform, federal regulations require that the Company file information returns with the Internal Revenue Service each calendar year for each Provider who has received $20,000 or more in total fees for services provided through the Platform in at least 200 separate transactions. If a Provider exceeds $20,000 in total fees from at least 200 separate transactions in a particular calendar year, by January 31 of the subsequent calendar year, the Company will issue to the Provider, at the address entered by the Provider during the registration process, a Form 1099-K reporting the aggregate amount received by such Provider for services facilitated through the Platform in the previous calendar year. It is solely the Provider’s responsibility to report such income on the Provider’s tax returns and pay any taxes owed to federal, state or local tax authorities on such income. The Company expressly disclaims any liability that may arise for any taxes owed by a Provider to federal, state or local tax authorities as a result of services rendered by a Provider through the Platform.
- User Content. We may, at our discretion, include features or functions on the Platform to enable users to submit text, images, artwork, designs, audio or video clips, or other content (collectively, “User Content”). You are solely responsible for the content of your User Content and acknowledge that the Company does not control such User Content. We reserve the right, but have no obligation, to monitor User Content. Accordingly, we do not control or guarantee the accuracy, integrity, or quality of User Content. You may not upload or provide us with any User Content that (i) is libelous, defamatory, obscene, pornographic, abusive, false, fraudulent, threatening, infringes the rights of others or is otherwise illegal material; (ii) contains language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.; (iii) threatens or verbally abuses other Platform users, or includes defamatory language or images; (iv) may contain software viruses; (v) is comprised of political campaigning, chain letters, mass mailings, or any form of “spam”; or (vi) is commercial, including, for example, advertising or solicitation for goods, services, or payments. You grant us a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to any User Content, including the rights to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies) in any form or media now known or hereinafter developed, whether through this Platform or another property of ours or through a third party. By making a submission of User Content, you are consenting to its display and publication on the Platform and for related online and offline promotional uses. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted, or otherwise made available via the Platform.
- Links to Other Website and Services. The Platform may contain links to web sites other than the Company’s. The Company does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. The Company does not control the content of these sites and takes no responsibility for their content, nor should it be implied that the Company endorses or otherwise recommends such sites or the products or services offered. Any concerns regarding any such sites or the products or services offered should be directed to the particular outside service of resource.
- Responsibility and Age. If you register with the Company to use the Platform, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the Platform and to create binding legal obligations for any liability you may incur as a result of the use of the Platform. Users and Providers under 18 years of age are prohibited from registering with the Company and using the Platform.
- Verification and Background Checks. The Company has no obligation to conduct background or verification checks on its Providers or Users. However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law. The Company has the right, but not the obligation, to order a background check on Providers and Users from a third party verification service and to use such service to verify information about a Provider or User including, but not limited to, verification of your account or registration information or your compliance with these Terms and Conditions, each to the extent permitted by law. You understand that the Company retains the right, but has no obligation, to take action with respect to your account based on the information provided by the third party verification service, including, but not limited to, terminating your account, regardless of whether incorrect or incomplete information provided by such service is subsequently corrected or completed. By agreeing to these Terms and Conditions, you consent to the Company performing background and/or verification checks on you. If you do not want these checks performed, do not use the Platform.
- Billing and Payment. Users connect with Providers through the Platform. The Company is not a party to any agreements between Users and Providers. The Company simply facilitates these agreements by connecting Users with Providers. For transactions between Providers and Users, the Company charges certain transaction fees for using the Platform. There may be additional transaction fees that you will be required to pay, such as credit card fees. Please review all transaction fees associated with using the Platform before completing your transaction.
- Accuracy of Information. The information presented on this Platform has been compiled by the Company from internal and external sources, or provided by users and providers. No representation is made or warranty given as to the completeness or accuracy of such information. This Site may contain typographical errors, incomplete, or out-of-date information. The Company reserves the right to make changes to the information on the Platform, or to the services described therein, or update such information at any time without notice, but the Company makes no commitment to correct or update this information.
- Indemnification. You hereby agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use the Platform; or (ii) any content submitted by you or anyone using your account on the Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the Company.
- Disclaimer of Warranties. THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS PLATFORM, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS, VIDEO, AUDIO AND HYPERLINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS PLATFORM, THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ANY USE OF THIS PLATFORM.
- Release and Limitation of Liability. The Platform is only a venue for connecting Users with Providers. Because the Company is not involved in the actual contract between Users and Providers or in the completion of any services provided by Providers, in the event that you have a dispute with one or more Users or Providers, you release the Company (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) 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. You further agree to release the Company and its affiliated parties from any claims, demands, damages, liability, costs or expenses, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) your use of the Platform, (ii) any claim or controversy that may arise from any disputes between you and other Users or Providers, or (iii) any background or verification report ordered by the Company. In no event will the Company or its affiliated parties be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Platform, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from (i) interactions with other Users and Providers on the Platform, whether online or offline, and (ii) your reliance on information or other content posted on the Platform or transmitted to or by any User or Provider. You agree that neither the Company nor its affiliated parties has any liability for any (i) indirect, special, incidental, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) loss of or damage to reputation, or (iv) loss of information or data. Without limiting any other provision in these Terms and Conditions, the Company’s maximum aggregate liability to you for losses or damages you suffer in connection with the Platform is limited to the greater of (i) the amount paid, if any, by you to the Company in connection with the services in the twelve (12) months prior to the action giving rise to the liability; and (ii) $100. Your only right and remedy in case of dissatisfaction with the Platform or any other grievance shall be your termination of your account and discontinuation of access to, or use of the Platform.
- Waiver of Class Action Rights. By using the Platform and agreeing to the Terms and Conditions, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with the Site or these Terms and Conditions must be asserted individually.
- Governing Law. These Terms and Conditions shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, in all questions and controversies arising out of your use of the Platform and these Terms and Conditions. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Platform must be brought within one (1) years from the date on which such claim or action arose or accrued. The Company controls and operates the Platform from its headquarters in the United States of America and the Platform may not be appropriate or available for use in other locations. If you use this Platform outside the United States of America, you are responsible for following applicable local laws.