Safesittings.com, Inc. is an online resource (the 'Website') that assists families who have a child with Type 1 Diabetes to find babysitters who themselves are individuals who have Insulin Dependent Diabetes or are relatives of individuals with Insulin Dependent Diabetes and who understand the details and dangers of Diabetes. The purpose of the Website is to enable families and babysitters to post information online on the Website related to their respective babysitting needs and qualifications as babysitters and to begin the process of communication which will provide qualified babysitters (as determined by family members in their sole discretion) to assist these children and their families. On this Website, families and babysitters will be able to post profiles containing basic background information about themselves which will enable families and babysitters to communicate directly and make their own arrangements for babysitting services. Without any further assistance from Safesittings.com, families and babysitters will communicate directly with each other, determine whether the qualifications of the babysitter match the needs of such family, and reach an agreement for such services. Safesittings.com acts only as a forum for the convenience of families who have a child with Type 1 Diabetes and qualified babysitters. Safesittings.com makes no representations or warranties about any of the families or babysitters.
1. Acceptance of Terms
This Agreement sets forth the legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, including agreeing to be deemed a 'User' either as a family or a babysitter. You are only authorized to use the Website if you agree to abide by all applicable laws and to this Agreement.
2. No Fees
Safesittings.com is a not-for-profit corporation. Safesittings.com does not charge a fee for use of the Website. Fees for babysitting services are determined by each family User and babysitting User directly and paid directly by a family User to a babysitter User. Safesittings. com does not have any role or involvement in such discussions or decisions, or in the payment or collection of any fees with respect to babysitting services.
Please review carefully the information you post on this Website which will become available to other Users. Your Safesittings.com profile may not include the following items: any harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by Users may contain inaccurate, inappropriate, offensive material, and Safesittings.com assumes no responsibility or liability for this material. If you become aware of misuse of the Website by any person, please contact Safesittings.com by clicking on the 'Report Complaint' link.
Safesittings.com reserves the right, in its sole discretion, to reject, refuse to post or remove any profile submitted by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
By using the Website, you represent and warrant that (a) all profile information you submit is truthful and accurate; (b) you have not provided false or inaccurate information or otherwise misrepresented yourself in any way; and (c) your use of the Website does not violate any applicable law or regulation. Your profile may be deleted and your use may be terminated without warning.
This Agreement shall remain in full force and effect while you use the Website. You may terminate your status as a User at any time by sending an early termination request via email to firstname.lastname@example.org. Safesittings.com may terminate your use at any time, without warning. Even after your use is terminated, this Agreement will remain in effect.
6. Non-Commercial Use by Users
The Website is for the personal use of User only and may not be used in connection with any commercial endeavors or any other purpose other than providing families of children with Type 1 Diabetes and prospective babysitters who understand the details and dangers of diabetes to have profile information about other Users to enable them to communicate directly and enter into an agreement for babysitting Websites. Illegal and/or unauthorized use of the Websites, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of User privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Websites.
7. Proprietary Rights in Content on Website
(a) Safesittings.com does not claim any ownership rights in the profile information ('Content') that you post to the Website. After posting your Content to the Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose in connection with the Website for the purpose of matching the needs of a family with a child with Type 1 Diabetes with a prospective babysitter for your child. By displaying or publishing ('posting') any Content on or through the Website, you hereby grant to Safesittings.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Website for the purpose of providing information to families and babysitters in connection with the babysitting purpose of the Website.
(b) Without this license, Safesittings.com would be unable to fulfill the purpose of the Website. The license you grant to Safesittings.com is non-exclusive (meaning you are free to license or provide your Content to anyone else in addition to Safesittings.com), and royalty-free (meaning that no fee is required to be paid by you for the use of the Website and the posting of Content - see Paragraph 2 above). This license will terminate at the time you remove your Content from the Website or the expiration date of your profile posting on the Website. The license does not grant Safesittings.com the right to sell your Content, nor does the license grant Safesittings.com the right to distribute your Content outside of the Website.
(c) You represent and warrant that: (i) such Content is your own personal information and not the information of any other person; and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
(d) The Website contains content of Safesittings.com ('Safesittings.com Content'). Safesittings.com owns and retains all rights in the Safesittings.com Content and the Website. Safesittings.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Safesittings.com Content (excluding any software code) solely for your personal use in connection with viewing the Website.
(e) The Website contains Content of Users. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any other Content appearing on or through the Website.
(f) This Website is protected to the maximum extent by copyright laws. Safesittings.com is applying for a trademark of 'Safesittings.com' in the U.S. Patent & Trademark Office.
8. Content Posted
(a) Safesittings.com assumes no responsibility for monitoring the Website for inappropriate Content or conduct. Safesittings.com may delete any Content that in the sole judgment of Safesittings.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Safesittings.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
(b) You are solely responsible for the Content that you post on or through the Website, and any material or information that you transmit to other Users and for your interactions with other Users. Safesittings.com does not endorse and has no control over the Content. Content is not reviewed by Safesittings.com prior to posting and does not reflect the opinions or policies of Safesittings.com. Safesittings.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users.
(c) Safesittings.com makes no representations concerning any family User. Safesittings.com makes no representations about the qualifications or abilities of any babysitter User. Safesittings.com makes no endorsements, recommendations or validations of the qualifications of any babysitter.
(d) Safesittings.com may delete any Content that in the sole judgment of Safesittings.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.
9. Content/Conduct Prohibited
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Website. Safesittings.com reserves the right to investigate and take appropriate legal action against anyone who, in Safesittings.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and terminating the User privileges of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Safesittings.com:
(a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another person;
(c) exploits people in a sexual or violent manner;
(d) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(e) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) involves the transmission of 'junk mail,' 'chain letters,' or unsolicited mass mailing, instant messaging, or 'spamming';
(g) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(h) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(i) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
(j) involves commercial activities and/or sales; or
(k) includes a photograph of another person that you have posted without that person's consent.
(l) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
(m) advertising to, or solicitation of, any User to buy or sell any products or Websites through the Website. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;
(n) covering or obscuring the banner advertisements on your personal profile page, or any Safesittings.com page via HTML/CSS or any other means;
(o) interfering with, disrupting, or creating an undue burden on the Website;
(p) attempting to impersonate another User or person;
(q) selling or otherwise transferring your profile;
(r) using any information obtained from the Website in order to harass, abuse, or harm another person;
(s) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
(t) using the Website in a manner inconsistent with any and all applicable laws and regulations.
10. User Disputes
You are solely responsible for your interactions with other Users of the Website. You are solely responsible for communicating with, interviewing, negotiating with and entering into an agreement with another User for providing babysitting Websites. Safesittings.com does not endorse or vouch for the profile of any User and is not the agent or representative on behalf of any User.
(a) Safesittings.com is not responsible for any Content posted by a User on the Safesittings Website or in connection with the Website, whether caused by Users of the Website or by any of the equipment or programming associated with or utilized in the Website.
(b) Profiles created and posted by Users on the Safesittings Website may not contain links to other websites.
(c) Safesittings.com is not responsible for the conduct, whether online or offline, of any User of the Website.
(d) Safesittings.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Safesittings.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website.
(e) Under no circumstances shall Safesittings.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any Content posted on or through the Website, or from the conduct of any Users of the Website, whether online or offline, including, without limitation, the provision of babysitting services contemplated by this Agreement.
(f) The Website is provided 'AS-IS' and as available and Safesittings.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Safesittings.com cannot guarantee and does not promise any specific results from use of the Website.
(g) User acknowledges that the sole purpose of the Website is to provide families with children with Type 1 Diabetes and prospective babysitters who themselves have Insulin Dependent Diabetes or are relatives of individuals with Insulin Dependent Diabetes and who understand the details and dangers of Diabetes with information about each other and to provide an opportunity for Users to match their respective needs, and negotiate and enter into their own agreement, solely between them, concerning such babysitting services.
(h) Safesittings.com is not an agent or representative of any User.
(i) Safesittings.com disclaims any warranties concerning any family User or any babysitter User.
12. Limitation on Liability
(a) SAFESITTINGS.COM WILL NOT BE LIABLE FOR ANY AGREEMENT BETWEEN A FAMILY USER AND A BABYSITTER USER. ALL TERMS AND CONDITIONS OF SUCH AN AGREEMENT, AND PERFORMANCE OR NON-PERFORMANCE OF SERVICES CONTEMPLATED THEREBY, IS STRICTLY BETWEEN THE FAMILY USER AND THE BABYSITTER USER. SAFESITTINGS.COM HAS NO ROLE AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER IN THE NEGOTIATION, EXECUTION OR PERFORMANCE OF SUCH AGREEMENT.
(b) SAFESITTINGS.COM MAKES NO REPRESENTATIONS CONCERNING ANY FAMILY USER. SAFESITTINGS.COM MAKES NO REPRESENTATION ABOUT THE QUALIFICATIONS OR ABILITIES OF ANY BABYSITTER USER. SAFESITTINGS.COM MAKES NO ENDORSEMENTS, RECOMMENDATIONS OR VALIDATIONS OF THE QUALIFICATIONS OF ANY BABYSITTER OR THE NEEDS OR REQUIREMENTS OF ANY FAMILY USER.
(c) IN NO EVENT SHALL SAFESITTINGS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR PERSONAL INJURY WHATSOVER, ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF SAFESITTINGS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAFESITTINGS.COM SHALL HAVE NO LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SAFESITTINGS.COM'S LIABILITY TO YOU WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SAFESITTINGS.COM FOR THE WEBSITE DURING THE TERM OF USE. AT THE PRESENT TIME, SAFESITTINGS.COM DOES NOT CHARGE A FEE FOR USE OF THE WEBSITE.
You agree that any dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, County of New York, City of New York.
Whether you are a family User or a babysitter User, you agree to indemnify and hold Safesittings.com and affiliates, and their respective directors, officers, agents, representatives and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by you or any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Website causes Safesittings.com to be liable to another.
15. Modifications to this Agreement
Safesittings.com may modify this Agreement from time to time and such modification shall be effective upon posting by Safesittings.com on the Website. You agree to be bound by any changes to this Agreement when you use the Website after any such modification is posted. If you are a User, it is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Safesittings.com regarding the use of the Website. The failure of Safesittings.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Safesittings.com is applying for a trademark of Safesittings.com. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.