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Agreement & Rights
Welcome to Eu Au-Pair. Our services are provided to you by SCHÖNER LEBEN
GMBH. These Terms of Service govern your use of this site and its Services.
Your use of this site and SCHÖNER LEBEN GMBH Services constitutes your
acceptance of these Terms of Service and creates a binding legal agreement,
so please read them carefully. SCHÖNER LEBEN GMBH may change these Terms
from time to time, so please check back periodically.
If you post a personal profile (information about you or your family, inclusive
of photos), complaints, comments or testimonials on Eu Au-Pair, you grant SCHÖNER
LEBEN GMBH and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable,
and fully sublicensable right to use, reproduce, modify, adapt, publish, use
in promotional campaigns, translate, create derivative works from, distribute,
and display your profile information, complaints, comments or testimonials
throughout the world in any media. You also grant SCHÖNER LEBEN GMBH and
its affiliates and the sublicensees the right to use the name that you submit
with any profile, complaint, comment or testimonial, if any, in connection
with such profile, complaint, comment or testimonial.
Fee Schedule
Registration on Eu Au-Pair is free. By clicking the button,
"submit - I agree to terms" you are agreeing to the complete Terms
of Service; the Agreement & Rights, the terms of conduct as described. Currently
there are no placement fees or commissions charged by Eu Au-Pair.
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 . As condition of your use of
this site and Eu Au-Pairs service, you agree that you shall not:
(a)
Upload or post any information or advertisement that may be
considered as competitive to the Eu Au-Pair service. Solicitation
for services by any means, other than those offered or directly
approved by Eu Au-Pair, to its registered users is strictly
forbidden. And under no circumstances shall the harvesting
and commercial re-use of emails be allowed;
(b)
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;
(c)
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;
(d)
Create or maintain more than one active profile at a time.
Each family or aupair is allowed only one active profile in
the Eu Au-Pair database at any one time;
(e) 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;
(f)
Forge headers or otherwise manipulate identifiers in order
to disguise the origin of any content transmitted through this
site;
(g)
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;
(h)
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;
(i)
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, solicitation for any
relationship other than employer/employee related to childcare
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;
(j)
Have been convicted of any sexual or criminal offense in the
past 10 years;
(k)
Harm minors in any way.
No
Monitoring of Content
SCHÖNER
LEBEN GMBH 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 of SCHÖNER LEBEN
GMBH.
Account
Cancellation Policy
You
may cancel your account at any time: How to Cancel. Account
cancellation is the sole responsibility of the account creator.
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. SCHÖNER LEBEN GMBH 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, SCHÖNER LEBEN GMBH
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 SCHÖNER LEBEN GMBH 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 SCHÖNER LEBEN GMBH DOES
NOT PRE-SCREEN ALL CONTENT, BUT THAT SCHÖNER LEBEN GMBH
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 SCHÖNER LEBEN GMBH 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 SCHÖNER LEBEN
GMBH 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 A SCHÖNER LEBEN GMBH 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 SCHÖNER
LEBEN GMBH 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.
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