Terms

NurseryNotice.com is a website created to allow new and expectant parents to create and share dynamic online birth announcements with friends and family members and allow these friends and family members to interact back. NurseryNotice.com is owned and operated by Nursery Notice Inc. (collectively Nursery Notice).

PLEASE READ THESE TERMS AND CONDITIONS BEFORE YOU USE THIS WEBSITE. By using this website you agree to abide by these terms. If you do not agree to these terms, then you may not use this website.

We reserve the right to change these terms from time to time. By continuing to use this website after we post any changes, you accept and agree to these terms as modified.

Termination of Account

Either you or Nursery Notice may terminate this agreement at any time, for any reason, without explanation, effective upon sending written notice to the other party. Nursery Notice reserves the right to immediately suspend or terminate your access to the Nursery Notice website, without notice, upon any breach of these terms by you which is brought to Nursery Notice's attention.

General

You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Nursery Notice website.

You will not post on the Nursery Notice website, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually offensive, threatening, harassing, racially offensive, or illegal material, content or photos, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will use the Nursery Notice website in a manner consistent with any and all applicable laws and regulations.

Nursery Notice has the sole discretion to determine whether any content is prohibited content, and any content submitted to Nursery Notice may be subject to examination from time to time. Although Nursery Notice does not and will not examine and review all content submitted or transmitted to the website, Nursery Notice may delete, move and edit materials for any reason, at any time, without notice. All content (whether private or public) that is processed on the website is the sole responsibility of the person who submitted it.

Nursery Notice in no way guarantees the accuracy, quality or appropriateness of content available on the website.

Opinions, advice, statements, offers, or other information or content made available through the Nursery Notice website, but not directly by Nursery Notice, are those of their respective authors. Such authors are solely responsible for such content. NURSERY NOTICE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY PARTIES OTHER THAN NURSERY NOTICE. UNDER NO CIRCUMSTANCES WILL NURSERY NOTICE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE NURSERY NOTICE WEBSITE.

Copyright

Nursery Notice needs the right to make use of all photos, content and information you post on the website. Accordingly, as a condition to using the website, you hereby grant Nursery Notice a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your content, for the services available through the website. You represent and warrant to Nursery Notice that you either own your content or have written permission from the copyright owner to make such content available. The website is protected by U.S. and international copyright laws and by other applicable laws. You may not use any content without the written consent of the owner of such content. You are solely responsible for any copyright violations that you may incur as a result of your activities. If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, please contact us.

Indemnity

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS NURSERY NOTICE, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "NURSERY NOTICE AFFILIATES") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR ACCOUNT.

No Liability for Content

IN NO EVENT WILL NURSERY NOTICE OR ITS AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.

Exclusive Remedy

ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

Disclaimer

NURSERY NOTICE AND ITS AFFILIATES MAKE NO WARRANTY OF ANY KIND AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NURSERY NOTICE MAKES NO WARRANTY THAT (I) THE WEBSITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE WEBSITE OR SERVICE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE OR WEBSITE WILL MEET YOUR REQUIREMENTS. NURSERY NOTICE MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE WEBSITE OR THAT ARE ADVERTISED ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

NURSERY NOTICE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) DAMAGE TO OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, (v) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.