Nanny - In the Clouds

terms of use

1. GENERAL
This agreement contains all of the terms and conditions between Nannyintheclouds.com LLC ("Nannyintheclouds.com" or "Site") and you. Nannyintheclouds.com is a venue. The Site is a platform for connecting travellers with children ("Nanny Seekers") and travelling nannies ("Nanny Providers") collectively ("Members" or "Users").
Using this site constitutes an agreement with the Terms of Use, whether or not you are registered as a member. If you choose to use this site for any reason or to become a Member, please read this agreement. By using this site, all Users represent, warrant, understand, and agree to and accept all the terms herein. If you object to any of the terms and conditions for Nannyintheclouds.com or the Nannyintheclouds.com Privacy Policy, then do not use this site. The terms of use are subject to change by Nannyintheclouds.com at any time, effective upon posting on the Nannyintheclouds.com website, and your use of the site or service after such posting constitutes acceptance by you of the changes. This contract sets forth the legally binding terms of your use of the site and service. Therefore, by using the site and/or the service, you accept this Agreement and agree to the terms.
Nannyintheclouds.com does not take responsibility for the actions or intentions of the Nanny Providers or the Nanny Seekers. It is the user's responsibility to screen the Nanny/Family they choose to work with and make their own assessments about them according to their own beliefs. Nannyintheclouds.com does not get involved in the communication between nannies and parents and their children. The role of Nannyintheclouds.com is to provide a match between nannies and families who are travelling for a set fee. Users of this site contract between themselves and their communication is solely between those two parties.
By requesting to use, registering to use and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions hereof. In addition, you represent and warrant that you and each member of your household (a) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity. You must agree that you are not currently out on bail or awaiting a trial relating to any felony or misdemeanour charges or sexual offenses.
Nanny Seekers may seek the services of a Nanny Provider through the use of the Site. In the event that a Nanny Seeker and a Nanny Provider agree on the provision of services such agreement is solely between the Nanny Seeker and the Nanny Provider; Nannyintheclouds.com is not a party to any such agreement. Any issues concerning the services received by the Nanny Seeker or payment due to the Nanny Provider must be resolved directly by the Nanny Seeker and the Nanny Provider. Nannyintheclouds.com will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or 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 issues. By using this Site, you do hereby represent, understand, and expressly agree to hold Nannyintheclouds.com harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Nannyintheclouds.com will use its reasonable efforts to monitor Nanny Provider and Nanny Seeker profiles, actions, comments, and general usage of the Site and suspend privileges to any Nanny Seeker or Nanny Provider not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other Users of the Site most importantly if you meet offline or in person. By using this Site, you do hereby agree to report any alleged improprieties of any Users therein to Nannyintheclouds.com immediately by notifying Nannyintheclouds.com via electronic correspondence via the "contact us" page.

2. ASSUMPTION OF RISK.
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with Members of the site.

3. DISCLAIMER OF WARRANTY
No Warranties. NANNYINTHECLOUDS.COM PROVIDES THE SERVICES ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NANNYINTHECLOUDS.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NANNYINTHECLOUDS.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. NANNYINTHECLOUDS.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY MEMBER OF OUR SITE TO PROVIDE SERVICES AS A CAREGIVER OR TO SECURE THE SERVICES OF A CAREGIVER, INCLUDING, WITHOUT LIMITATION, PARTICIPANTS IN ANY THIRD PARTY VERIFICATION SERVICE OFFERED ON OUR SITE.
NANNYINTHECLOUDS.COM DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD NANNYINTHECLOUDS.COM HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE.
Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Nannyintheclouds.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. NANNYINTHECLOUDS.COM DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN NANNYINTHECLOUDS.COM. UNDER NO CIRCUMSTANCES WILL NANNYINTHECLOUDS.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

4. LIMITATION OF LIABILITY
Incidental Damages and Aggregate Liability. In no event will Nannyintheclouds.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site, including without limitation damages related to any information received from the Site, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Nannyintheclouds.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL NANNYINTHECLOUDS.COM'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID NANNYINTHECLOUDS.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
No Liability for non-Nannyintheclouds.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NANNYINTHECLOUDS.COM 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 SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. In addition to the preceding paragraphs of this section and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Nannyintheclouds.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

5. INDEMNIFICATION.
By agreeing to the terms of this Agreement, Users of the Site agree to indemnify, defend and hold harmless Nannyintheclouds.com and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including attorneys' fees and costs incurred by Nannyintheclouds.com and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. Nannyintheclouds.com and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Nannyintheclouds.com. Users further agree to hold harmless Nannyintheclouds.com and its Affiliates from any claim arising from a third party's use of information or materials of any kind that Users post to the Site.

6. EXCLUSIVE USE.
Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.

7. INFORMATION PROVIDED BY USERS.
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. Nannyintheclouds.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Site. You are solely responsible for any content, photos, videos, messages , reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Site, or transmit to other Users of the Site. You will not post on the Site, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, right s of privacy, intellectual property rights, and rights of publicity). You agree to not provide inaccurate, misleading or false information to Nannyintheclouds.com or to any other user of the Site.
You understand and agree that Nannyintheclouds.com may review and delete any Content that in the sole judgment of Nannyintheclouds.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Site. By posting Content to any public or member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to Nannyintheclouds.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Nannyintheclouds.com will not infringe or violate the rights of any third party. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations. Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Nannyintheclouds.com, are those of their respective authors. Such authors are solely responsible for such content. Nannyintheclouds.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Nannyintheclouds.com or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other Users.

8. PRIVACY.
Nannyintheclouds.com will only use the information you provide on the Site in accordance with our Privacy Policy. For more information, see our full Privacy Policy. By agreeing to these Terms of Use, you are consenting to receive certain communications from us.

9. LINKS TO EXTERNAL SITES.
Links from the Site to external sites (including external sites that are framed by Nannyintheclouds.com) or inclusion of advertisements do not constitute an endorsement by Nannyintheclouds.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content of the information obtained from other sites. Nannyintheclouds.com does not control these sites, and is not responsible for their content. Despite the fact that Nannyintheclouds.com may have hyperlinks to such sites does not mean that Nannyintheclouds.com endorses the material on such sites in any way, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Nannyintheclouds.com's Terms of Use and Privacy Policy. Nannyintheclouds.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All Users hereby agree to hold Nannyintheclouds.com harmless from any liability that may result from the use of links that may appear on the Site.

10. ELIGIBILITY.
All Users must be at least 18 years of age or older and legally authorized to work in the United States. Our services are available only to individuals and companies that can form legally binding contracts under applicable law.

11. COPPA COMPLIANCE.
Nanny Seekers and Nanny Providers should monitor children's use of the Internet. Nannyintheclouds.com is intended for people 18 or over. Nannyintheclouds.com will never knowingly collect any information from children under 13. Nannyintheclouds.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. We do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.

12. PROHIBITED USE.
The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Nanny Seekers or Nanny Providers for employment or contracting for a business not affiliated with Nannyintheclouds.com without express written permission from Nannyintheclouds.com. Should Nannyintheclouds.com find that you violated the terms of this paragraph or any terms stated herein, Nannyintheclouds.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $25,000 daily penalty fee for scraping, either in a manual or automatic manner, Nanny Provider or Nanny Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site. Although Nannyintheclouds.com cannot monitor the conduct of its Users off the Site, it is also a violation of these Terms of Use to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our Users from such activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion. In order to protect the integrity of the Site and the Service, Nannyintheclouds.com reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Site. Nannyintheclouds.com reserves the right, in its sole discretion, to terminate your access to all or part of the Nannyintheclouds.com Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your membership in Nannyintheclouds.com, for any reason or no reason, with or without notice. Following any termination of any member's use of the Site, Nannyintheclouds.com reserves the right to send a notice thereof to other Members which whom you have corresponded.

13. NO JOINT VENTURES.
Nannyintheclouds.com is not an employment service, it is a venue for connecting Nanny Providers with Nanny Seekers. Users are not legally affiliated with Nannyintheclouds.com in any way by virtue of membership or use of the site. Nannyintheclouds.com disclaims any liability which might arise between Nanny providers and Nanny Nanny Seekers.

14. PAYMENT AND REFUND POLICY FOR INDIVIDUAL NANNY SEEKERS.
Individual Nanny Seekers are obligated to pay for the service of the Site, unless specifically notified otherwise on the Site. In addition, Nanny Seekers authorize Nannyintheclouds.com to charge the chosen payment provider for use of the Site. Nannyintheclouds.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. No refunds or credits will be provided for account cancellation requests received after the account has been billed. At Nannyintheclouds.com's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Nannyintheclouds.com.

15. PAYMENT AND REFUND POLICY FOR INDIVIDUAL NANNY PROVIDERS.
No refunds or credits will be provided to Nanny Seekersafter the Care Givers contact information has been sent.

16. PAYMENT AND REFUND POLICY FOR COMPANY/AGENCY NANNY PROVIDERS.
No refunds or credits will be provided to Nanny Providers for subscription or program cancellation requests received after the account has been billed.

17. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT.
If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Nannyintheclouds.com's copyright agent (identified below or using the 'Contact Us' page on the Site) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Nannyintheclouds.com's agent for copyright issues relating to this Site is as follows:
Copyright Agent
Legal Department
Nannyintheclouds.com,LLC
PO Box 2294
Mission Viejo, CA 92690

In an effort to protect the rights of copyright owners, Nannyintheclouds.com maintains a policy for the termination, in appropriate circumstances, of Members and other Users of this Site who are repeat infringers.

 

18. JURISDICTION AND CHOICE OF LAW.
If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, Orange County, for the resolution of any such dispute.

19. MISCELLANEOUS.
Nothing in this Agreement shall be construed as making either party the partner, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

20. CONTACT INFORMATION.
If you have any questions or need further information as to the Site or Service provided by Nannyintheclouds.com, or need to notify Nannyintheclouds.com as to any matters relating to the Site or Service please contact Nannyintheclouds.com at:
Legal Department
Nannyintheclouds.com, LLC
PO Box 2294
Mission Viejo, CA 92690

Last Updated: February 23, 2012