Terms Of Use
MyBabysitter Inc. and its affiliates (collectively "MyBabysitter"
and/or "Us" and/or "We") provide this website to You,
Your employees, agents, and contractors, and any other entity on whose behalf
You accept these terms (collectively "You" and/or "Your"
and/or "User" and/or "Users"), subject to these terms.
These terms are entered into by and between MyBabysitter and You, and You
accept them by:
(a) Becoming a member of this site
(b) Using the website in any other manner
(c) Acknowledging agreement with these terms
By using the MyBabysitter.com Site ("Site"), You
signify Your agreement to these terms of use. If You do not agree to these
terms of use, You may not use the Site. We reserve the right, at our sole
discretion, to change, modify, add, or delete portions of these terms of use
at any time.
Service
MyBabysitter.com is an easy to use tool that links parents and babysitters
across Canada. MyBabysitter.com provides an online connection and enables
parents to find baby sitters in their area through our intuitive web interface.
This Site should be considered solely as a venue for parents to meet Babysitters
online. MyBabysitter does not make any representations to the accuracy of
the information posted in User profiles nor to their abilities or childcare
provided by them.
Parents may use the Site to search through our members and may initiate direct
contact with the Users in our database. MyBabysitter will not be held in any
way responsible or liable, to any of our Users, for any dealings that may
result from such contact.
User Conduct
You agree to use the Site for lawful purposes only. You shall not
post or transmit through the Site any material which violates or infringes
in any way upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate any
law, or which, without MyBabysitter’s express prior approval, contains
advertising or any solicitation with respect to products or services except
as may be allowed for within the guidelines set forth for the Site. Any conduct
by a User that in MyBabysitter’s discretion restricts or inhibits any
other User from using or enjoying the Site will not be permitted. User shall
not use the Site to advertise or perform any commercial solicitation (except
as otherwise noted), including, but not limited to, the solicitation of Users
to become subscribers of other on-line information services competitive with
the Site.
User shall not upload, post or otherwise make available on
the Site any material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright, trademark
or other proprietary right and the burden of determining that any material
is not protected by copyright rests with User. User shall be solely liable
for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting
material to any public area of the Site, User automatically grants, or warrants
that the owner of such material has expressly granted MyBabysitter the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in whole or
in part) worldwide and/or to incorporate it in other works in any form, media
or technology now known or hereafter developed for the full term of any copyright
that may exist in such material. User also permits any other User to access,
view, store or reproduce the material for that User's personal use.
The foregoing provisions of this Section are for the benefit
of MyBaysitter, its subsidiaries, affiliates and its third party content providers
and licensor and each shall have the right to assert and enforce such provisions
directly or on its own behalf.
Account Security & Passwords
Some parts of this Site may require You to enter a password and account
designation upon completion of a registration process. You are entirely responsible
for maintaining the confidentiality of Your password and account and for all
activities that occur under Your password and account. You agree to notify
MyBabysitter immediately of any unauthorized use of Your password or account
or any other breach of security. MyBabysitter will not be liable for any loss
or damage that You may suffer as a result of someone else using Your password
or account.
Termination
These terms of use are effective until terminated by either You or
us. You may terminate these terms at any time by discontinuing use of our
Site and destroying all materials obtained from it and all related documentation
and all copies and installations thereof, whether made under these terms of
use or otherwise. In the event that You terminate these terms of use, You
agree to notify us of such termination by sending notice of such termination
by certified mail, postage pre-paid to:
MyBabysitter Inc.
2000 Appleby Line
Suite 243
Burlington, Ontario
CANADA
L7L 7H7
We may immediately terminate these terms of use with respect to You (including
Your access to the Site) without cause and without notice to You in our sole
discretion. Upon termination, You must cease use of the Site and destroy all
materials obtained from it and all copies thereof, whether made under these
terms of use or otherwise.
Proprietary Rights
You acknowledge that the Site contains Content that is protected
by copyrights, trademarks, trade secrets, or other proprietary rights, and
that these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted under international
copyright laws, and MyBabysitter owns a copyright in the selection, coordination,
arrangement, and enhancement of such Content. You may not modify, remove,
delete, augment, add to, publish, transmit, participate in the transfer or
sale of, create derivative works from, or in any way exploit any of the Content,
in whole or in part. If no specific restrictions are displayed, You may make
copies of select portions of the Content, provided that the copies are made
only for Your personal use and that You maintain any notices contained in
the Content, such as all copyright notices, trademark legends, or other proprietary
rights notices.
Links & Third Party Websites
Links or pointers to other websites and references to products and
services offered by third parties are provided to You for convenience only
and do not constitute an endorsement or approval by us of (i) the organizations
that operate such websites; (ii) the content, privacy policies or other terms
of use on such websites; or (iii) such third party products and services.
As we have no control or responsibility over websites or content maintained
by other organizations, or for products and services offered by third parties,
we do not assume any liability for Your use of any of the foregoing, which
use You acknowledge and agree shall be at Your own risk.
Indemnity
You agree to indemnify, defend and hold us and our affiliates, business
partners, officers, directors, employees and agents harmless from any loss,
liability, claim, demand, damage, or expense (including reasonable legal fees)
asserted by any third party relating in any way to Your use of this website
or breach of these Terms of Use. We reserve the right to assume the exclusive
defense and control of any matter subject to indemnification by You, which
shall not excuse Your indemnity obligations.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR SITE OR
MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER
THE MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE
SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS ON OUR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the
laws of the Province of Ontario and the laws of Canada applicable therein,
without regard to conflict of laws provisions thereto. The parties consent
to the exclusive jurisdiction of the courts of, and venue and situs in, Toronto,
Ontario.