Terms of Service

1. ACCEPTANCE OF TERMS

Announcing Yours provides its products to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.announcingyours.com/privacy.htm. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

Announcing Yours currently provides shoppers with the opportunity to purchase unique baby announcements that are personalized with a digital photo(s) of your child, which is uploaded to our server, and information pertaining to the birth or adoption, which is provided by you through e-mail (the "Service"). You also understand and agree that the service may include certain communications from Announcing Yours, such as product announcements, administrative messages and the Announcing Yours Newsletter, and that these communications are considered part of Announcing Yours. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Announcing Yours products, shall be subject to the TOS.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data").

4. ANNOUNCING YOURS PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.announcingyours.com/privacy.htm.

5. MEMBER CONDUCT

You agree to not use the Service to: a. upload, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. upload, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; c. upload, e-mail, transmit or otherwise make available 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 or hardware or telecommunications equipment; You acknowledge and agree that Announcing Yours may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Announcing Yours, its users and the public. You understand that the processing of the Service, including your Content, may involve transmissions over various networks.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. INDEMNITY

You agree to indemnify and hold Announcing Yours, and its officers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

8. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Announcing Yours may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service. You agree that Announcing Yours has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You further acknowledge that Announcing Yours reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. MODIFICATIONS TO SERVICE

Announcing Yours reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Announcing Yours shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. ANNOUNCING YOURS PROPRIETARY RIGHTS

You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Announcing Yours, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

12. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 13 may not apply to you.

13. TRADEMARK INFORMATION

Announcing Yours, the Announcing Yours logo, and product and service names are trademarks of Announcing Yours (the "Announcing Yours .com Marks"). Without Announcing Yours prior permission, you agree not to display or use in any manner, the Announcing Yours Marks.

14. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Announcing Yours and govern your use of the Service, superseding any prior agreements between you and Announcing Yours. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Announcing Yours shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Announcing Yours agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Butte, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.