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Terms and Conditions of Use

Acceptance of Terms

We hope that you will enjoy everything the Supernanny website has to offer but please be aware of the following terms and conditions of use (the “Terms and Conditions”), which are necessary for both your and our protection. In these Terms and Conditions “Supernanny”, “we”, “our” or “us” means Supernanny Web Limited.

By accessing the content of www.supernanny.com you agree to be bound by the Terms and Conditions set out herein and you accept our General Rules of Conduct and our Privacy Policy. If you object to these Terms and Conditions or our Privacy Policy please do not access or use the Supernanny website or any of the products or services on the Supernanny website.

By continuing your visit to www.supernanny.com you agree that you shall not use the website for illegal purposes and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce its overall functionality. You also agree not to compromise the security of the Supernanny website or attempt to gain access to secured areas or sensitive information.

You agree to be fully responsible for, and indemnify and hold harmless Supernanny, its officers, directors, agents and affiliates from and against any claim, expense, liability, damages, losses, costs (including legal fees) incurred by Supernanny, its officers, directors, agents and affiliates which arise from any infringement by you of the Terms and Conditions set out in this agreement.

By agreeing to these Terms and Conditions, you automatically agree to our Privacy Policy and our Rules of Conduct.  

Members Sign In

In order that we may provide you with an enhanced service, we encourage you to register to become a Member of the Supernanny Community. When you decide to register, you must agree to (1) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current, and complete, and (3) comply with these Terms and Conditions.

You may review, correct, change, or update your membership information by visiting the Members’ section of the Supernanny website. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your membership.

As part of the membership sign in process, you will be asked to select a Member Name and password. You may not choose a Member Name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any Member Name. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your member information.

Forums

If you agree to the Terms and Conditions set out herein, you may visit and participate in the Forums section of the Supernanny website. We value your participation and ask you to please help us to maintain a friendly, safe and informative environment. Any posts deemed inappropriate or offensive will be removed without notice and the poster will be notified and may be banned from further postings at our sole discretion. Please visit the Forums section for further information pertaining to acceptable etiquette and behaviour.

Video Submission

The Supernanny Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Supernanny does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Supernanny to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Supernanny, you hereby grant Supernanny a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Supernanny Website and Supernanny's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Supernanny Website (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each user of the Supernanny Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Supernanny Website.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Supernanny all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Supernanny or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

Supernanny does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Supernanny expressly disclaims any and all liability in connection with User Submissions. Supernanny does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Supernanny will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.

Supernanny reserves the right to remove Content and User Submissions without prior notice. Supernanny will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.

Supernanny also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.

Supernanny may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

Notice of the claimed infringement must be submitted to the Site's Designated Agent.

Service Provider: Halpern Cowan Ltd.
Designated Agent: Richard A. West, Esq.
Address of Designated Agent: 30 Columbia Turnpike, PO Box 041, Florham Park, NJ 07932
Telephone Number of Designated Agent: (973) 377-0007
Facsimile Number of Designated Agent: (973) 377-0077
E-mail Address of Designated Agent: info@richwestlaw.com

To be effective, the notification must be in writing and include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    Upon receipt of a Notification, service provider will take such action as appropriate under the DMCA. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

You understand that when using the Supernanny Website, you will be exposed to User Submissions from a variety of sources, and that Supernanny is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.

You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Supernanny with respect thereto, and agree to indemnify and hold Supernanny, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Supernanny permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Supernanny provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Supernanny website on the pages containing the Embeddable Player. Supernanny reserves the right to discontinue any aspect of the Supernanny Website at any time.

Limitation of Liability

The opinions expressed in the Supernanny Forums and in the articles in the Advice section of the Supernanny website remain the copyright of their authors or owners and do not necessarily reflect the opinions of Supernanny or www.supernanny.com. All statements, advice and opinions made by contributors are those of such contributor only, and we neither endorse nor shall we be held responsible for such postings in any way, including the reliability or accuracy of such postings. Under no circumstances will we be liable for any indirect, special, or consequential loss or damage, any loss of business, revenue, profits or data or any loss of goodwill or reputation caused by, arising from or in relation to the use of the Supernanny website.

Nothing within this agreement will operate to exclude any liability for death or personal injury caused by the negligence of Supernanny, its employees or agents.

Copyright

All intellectual property rights of Supernanny and its affiliates, including without limitation copyright, trademarks, trade names, patents, design rights and any intellectual property rights derived from the aesthetics or functionality of the Supernanny website remain the property of Supernanny or its affiliates. By using the website you agree to refrain from copying, downloading, transmitting, reproducing, printing, broadcasting, distributing, selling, transferring, displaying, performing, publishing, licensing, creating derivative works from, modifying, adapting, storing in any medium (including in any other website), showing in public, or exploiting for any commercial purpose any material contained within the Supernanny website. However, we do grant users the right to make one copy of articles for personal use only.

Reproduction Rights

www.supernanny.com and Supernanny have the right to reproduce any material contributed to the Supernanny website by any and all means in any and all media whether now known or hereafter developed or discovered throughout the world for the full period of copyright and all renewals, revivals, reversions and extensions and thereafter in perpetuity. In doing so, we will always credit the actual author of the material and will not make any substantial alterations to the material in question. In respect of your postings/contribution, you unconditionally waive in perpetuity the benefits of and agree not to assert any provision of law known as “moral rights” whether arising under sections 77 to 85 (inclusive) of the Copyright, Designs and Patents Act 1988 or otherwise or under any similar laws of any jurisdiction.

Disclaimers

The information on the Supernanny website is intended to be thought-provoking but is by no means intended as ‘definitive guidance’. It should not be wholly relied upon when making any related decision.

The information contained within the Supernanny website is provided on an "as is" and “is available” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, satisfactory quality, compatibility, non-infringement or security of any components of the Supernanny website. To the fullest extent permitted by law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Supernanny website and all products and services available through the Supernanny website.

We do not guarantee uninterrupted availability of www.supernanny.com and cannot provide any representation that using the Supernanny website will be error free.

Third Parties

The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content or any transaction for goods or services available from such websites. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.

Severance

If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

Assignment

Supernanny may at any time assign, transfer or novate this agreement (or all or any of its rights or obligations under this agreement) to a third party without your consent. This agreement is personal to you and you may not assign, transfer or novate this agreement (or all or any of your rights or obligations under this agreement) to a third party.

Governing Law And Jurisdiction

This agreement will be governed by the laws of England and any user of the Supernanny website hereby agrees to be bound exclusively by the jurisdiction of the English courts without reference to rules governing choice of laws.

Modification

Supernanny reserves the right to change any part of this agreement without notice and your use of the Supernanny website will be deemed as acceptance of this agreement. We advise users to regularly check these Terms and Conditions.

Supernanny has complete discretion to modify or remove any part of the Supernanny website without warning or liability arising from such action.