SitterAdvantage™ TERMS OF SERVICE

Effective October 1, 2016

These Terms of Service govern your access to and use of the SitterAdvantage™ mobile application (Hereinafter referred to as the “App”) and the access and use of the What To Do With The Kids® website (Hereinafter referred to as the “WTDWTK Website”).  This is a legal agreement between you (Hereinafter referred to as the “User”) and The Prez Inc., legal owner of SitterAdvantage™ and What To Do With The Kids® (Hereinafter referred to as the “Company”)

1.       Eligibility

By using the App you acknowledge and agree that:

a)       You are either over the age of 18 years, or possess legal parental or guardian consent if under the age of 18 years, and are fully able and competent to enter into the terms set forth and to abide by and comply with them;

b)       You are an individual at least 13 years of age and have never been convicted of, or is currently pending trial for any felony or misdemeanor, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others;

c)       You have not been and are not currently registered or required to register as a sex offender with any government entity.

 

2.       Your Conduct

You acknowledge and agree that:

a)       You will not intentionally harm any individual in any way including any form of physical, sexual, emotional, verbal, written or psychological abuse or participate in any form of neglect or harassment;

b)       You will not use the App or the WTDWTK Website for any illegal, fraudulent or unauthorized purpose that violates any laws in your jurisdiction;

c)       You will not photograph minors in a way that may be construed as sensual, erotic or pornographic in any way;

d)       You will not upload or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, and intrusive of another person’s privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable;

e)       You will not use the App and WTDWTK Website for purposes you know are false, misleading, untruthful or inaccurate;

f)        You will not impersonate any person or entity, including, but not limited to a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;

g)       Any and all advice offered that is contained in the App or the WTDWTK Website, are suggestions and are not required to be followed.

 

3.       Privacy and Confidentiality

You acknowledge and agree that:

a)       You are solely responsible for all content stored on or retrieved from your mobile device;

b)       The information provided to you is personal and confidential and must be protected;

c)       The information provided to you must not be shared without the expressed permission of the person who has provided the information to you;

d)       The information entered by you in the App is for use only in an emergency situation and is to be communicated to the proper authorities verbally or transmitted electronically when needed;

e)       The information provided to you, including all text and images, must not be uploaded, posted or transmitted to any website or social media platform;

f)        The clients may not provide you with the information you request or allow photographs of the minors in their care to be taken;

g)       You are aware of, and will adhere to all applicable local, state, national or international laws concerning the content on the App;

h)       Under no circumstances will the Company be liable in any way for any loss or damage of any kind, real or imagined, incurred as a result of the use of any content made available through the App;

i)         The information provided to you must be deleted immediately at the request of the person who has provided the information to you;

j)         The Company does not collect information entered into the App in any way;

k)       Registration of the App is purely optional;

l)         Any comments, suggestions, submissions or feedback sent to the Company in any form related to the products and services offered by the Company shall become the property of the Company and will not be required to be treated as confidential;

m)     All suggestions, submissions and feedback from you may be used at the Company’s discretion without compensation of any form to you;

n)       Information submitted by you will only be used as per the Company’s privacy policy found at www.whattodowiththekids.com/policies.

 

4.       Equipment and Network Access

You acknowledge and agree that:

a)       You will remain solely responsible to ensure that the mobile device used by you is internet-enabled using either the iOS or Android operating system;

b)       The functioning of the App and its features depends on the proper function of your mobile device including the ability of your mobile device  to access mobile telecommunication and network services;

c)       You are responsible for obtaining the data network access necessary to use the App and all costs associated with it including taxes;

d)       The Company is not responsible for any surcharges you incur from your mobile device  or internet service provider as a result of the use of the App and its features;

e)       The App and its features will not function where there is no accessibility or availability to mobile telecommunication services;

f)        Additional network data and messaging rates and fees may apply and remain your responsibility;

g)       The Company does not guarantee that the features, or any portion thereof, will function on any particular hardware or device;

h)       The Company does not guarantee the accuracy of the global positioning system (GPS) on the mobile device and its software/application;

i)         The Company is not responsible for and has no control over any interference or loss of network availability when using the App;

j)         The Company is not responsible in any way for the loss of any data or images entered into the App;

k)       The Company cannot guarantee and has no control over whether your messages will be delivered real-time, immediately accessed by or responded to by any recipient or emergency service;

l)         You are solely responsible for any and all calls to emergency and/or 9-1-1 service made from your mobile device;

m)     The Company is not responsible or libel for any damage, real or imagined, to your mobile device as a result of using the App.

 

5.       Emergency Response

You acknowledge and agree that:

a)       The Company cannot and does not guarantee that emergency services will respond in a timely manner or at all;

b)       The Company takes no responsibility or liability of action or lack thereof on the part of emergency services;

c)       You will not use the emergency features including the 9-1-1 service, to make false and misleading claims or reports;

d)       All penalties, fines or charges as a result of abusing or misuse of the 9-1-1 emergency service, either accidently or on purpose, are your responsibility;

e)       If you cannot get a 9-1-1 operator using your mobile device, immediately use another device or use a traditional telephone land-line.

 

6.       No Partnership, Employment Relationship, Screening or Recommendations

You acknowledge and understand that:

a)       Nothing in these Terms may be construed as making you a partner, agent, legal representative, contractor or employee of the Company and you will not falsely state or misrepresent yourself as one in any way;

b)       You will not falsely state or misrepresent yourself as an individual who has been screened, reviewed, trained, approved or authorized by the Company to supervise, instruct, or be in contact with minors.

 

7.       License

You acknowledge and agree that:

a)       The Company grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to access and use the App on a single mobile device owned or controlled by you;

b)       This license does not allow you to use the App on any mobile device or device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time;

c)       You may not rent, lease, lend, sell, redistribute, or sublicense the App;

d)       You may not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof;

e)       Any attempt to do so is a violation of the rights of the Company and you may be liable for damages and subject to prosecution;

f)        You will not use the App or WTDWTK Website in any way that could potentially damage, disable, overburden, other websites or applications.

 

8.       What To Do With The Kids® Website

You acknowledge and agree that:

a)       The Company reserves the right, at its sole discretion, to modify, edit or discontinue, add or delete any and all content or information on the WTDWTK Website without notice to the User;

b)       The Company takes reasonable measures to ensure the accuracy or completeness of information on the WTDWTK Website and you acknowledge that the WTDWTK Website and App my contain typographic errors and inaccuracies and that the Company will not be held liable for any consequential or special damages such as profit losses, real or imagined as a result;

c)       The Company is not responsible and cannot be held liable during matters that are out of its control including power outages and technical problems originating from the WTDWTK Website’s hosting company;

d)       The WTDWTK Website may contain links and advertising from a third-party that is not in the Company’s control and may contain material or information that some people may find offensive or inappropriate.  You acknowledge that such content is not endorsed by the Company and that these links are provided only as a convenience to you.  If you use these links, you acknowledge that you will leave the WTDWTK Website and your involvement is solely between you and the third-party.

 

9.       Optional Registration and Use of Personal Information

You acknowledge and understand that:
a)       Registration of the App by the User is available through the App and is optional;

b)       All information submitted by the User is used for marketing purposes only by the Company;

c)       No information identifying individual Users will be used;

d)       The Company does not buy or sell lists of any type;

e)       Registered Users will be provided with updated news and information from the Company;

f)        The Company’s Privacy Policy can be found at www.whattodowiththekids.com/policies.

 

10.   Copyright and Trademark Notices

You acknowledge and agree that:
a)       All materials including graphic design, photographs, images, text, sounds, software and all other creatives on the App and the WTDWTK Website, except for text and images entered by the User in the App, are the property of the Company and are subject to and protected by international copyright and other intellectual property laws and rights;

b)       All page headers, custom graphics, button icons and scripts are the property of the Company and may not be reproduced, modified, prepared, distributed, licensed, leased, sold, resold, transferred, publicly displayed, publicly performed, transmitted, streamed, broadcasted or otherwise exploited, decompiled, reverse engineered or disassembled, without the prior expressed permission of the Company;

c)       You will not attempt to gain unauthorized access to or impair any aspect of the WTDWTK Website including all related systems or networks;

d)       The Company authorizes you to view and download materials on the WTDWTK Website only for personal use, provided that you keep intact all copyright and other proprietary notices contained in the original materials;

e)       You may not modify or adapt the materials on the WTDWTK Website or App in any way or otherwise use them for any public or commercial purposes;

f)        All trademarks, service marks, trade names, trade dress and logos contained or described on the App and WTDWTK Website are the sole property of the Company, or owned by their respective owners, and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company or their respective owners;

g)       The Company will enforce its intellectual property rights to the fullest extent of the law.

 

11.   Release, Indemnification, Liability

You acknowledge and agree that:

a)       The Company does not accept any responsibility or liability for your safety, including but not limited to: negligence or failure to act in a safe manner or follow emergency advice or protocol, personal injury, death or other consequences suffered by you or any third parties;

b)       In no event will the Company 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 App or WTDWTK Website, including without limitation, bodily injury, emotional distress, and/or any other damages;

c)       The Company’s services are provided on an “as is” and “as available” basis and is not liable for any loss, damage, errors or omissions in connection with your use of the App or WTDWTK Website;

d)       The Company does not accept any responsibility or liability for the action or lack thereof on the part of any emergency contacts or services and does not guarantee that any emergency personnel will respond in a timely manner or at all, or that the most appropriate personnel will respond;

e)       Any material or information obtained through the App or WTDWTK Website is done at your own risk and that you are solely responsible for any damage arising from doing so.  No information obtained by you from the Company will create any warranty not expressly made in these terms of use;

f)        You agree to indemnify, defend, release and hold harmless the Company, its’ officers, directors, members, employees, agents, assignees, representatives, partners, licensors and independent contractors from any and all claims, demands, damages, liability, costs or expenses of every kind and nature, including attorney’s fees, known or unknown, suspected and unsuspected, disclosed and undisclosed arising out of or in any way connected with your use of the App and/or the WTDWTK Website;

g)       You acknowledge that these Terms shall be in force from the date you download the App and will remain in effect with your continued use.  Your continued use of the App and the WTDWTK Website following the posting of any updates or changes to these Terms constitutes acceptance of those changes;

h)       The Company makes no claims or promises about the opinions, advice, statements, reviews or other information or content made available on the App or WTDWTK Website, or the accuracy, completeness, or usefulness of any information available on the App or WTDWTK Website;

i)         If you have any questions or need further information about the Company, the App or WTDWTK Website, contact The Prez Inc. at 613-276-7739 or by email at info@theprez.com.

 

12.   Amendments

You acknowledge and agree that:

a)       The Company reserves the right to change these terms at any time and will be effective upon the Company’s posting of such updated terms at www.sitteradvantage.com/terms;

b)       It is your responsibility to ensure that you are aware of the current terms when using the App or the WTDWTK Website;

c)       Your continued access or use of the App and WTDWTK Website after such posting constitutes your consent to be bound by the Terms, as amended.

 

13.   Acceptance of this Term of Service

By downloading and/or using the App, you acknowledge and agree to these Terms.  If you do not accept these Terms, please stop using the App immediately.

        
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