Elegant Online Birth Announcements, Baby Photo Albums and
Unique Voice Birth Announcements
Terms and Conditions

By ordering Babyemail products and services on "this site" you agree to the following site Use Policy AGREEMENT:

Voice messages

A. All recipients of messages have a personal relationship with you or have explicit consent to receive messages from you.

B. All voice lists are intended for one time use. You agree to additional charges for additional usage.

C. Babyemail voice message services are intended for residents of the countries available in the country selector box only. You agree to additional charges for calls made to countries not listed in the country selector box.

D. You agree not to use this site and the associated services provided by eAnnouncements Inc. for illegal purposes or for the transmission of material or messages that are unlawful, harassing, libelous, invasive of another's privacy, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe on the intellectual property or other rights of another. eAnnouncements Inc. reserves the right to edit or remove any information you transmit to this site, or suspend or terminate your account at any time for any reason without refund.

E. You agree not to use this site for the transmission of telephone solicitations, anonymous calls, harassing calls, annoying calls, or for making or causing to be made any telephone call to any person other than yourself or to persons who have granted you absolute permission to cause calls to be made to them.

F. You agree to be responsible for your use of this site. You agree that eAnnouncements Inc. is not responsible or liable for messages that you may cause to be delivered, either to yourself or to another person.

Online Announcements and Photo Albums

A. You agree to provide true and correct information about yourself and recipients of Babyemail services on this site.

B. You agree not to use any of the Babyemail services for spamming or in any manner considered commercial.

C. You certify that you own the rights to any photos displayed on the site.

D. You agree not to use this site to display pornographic material, distasteful nudity, sexual content of any nature or photos that may be offensive to others. Violators will have their accounts terminated immediately without notice and without refund. Abuses will be reported to law enforcement.

1) ACKNOWLEDGMENT AND ACCEPTANCE OF USE POLICY

This site is owned and operated by eAnnouncements Inc, a Texas Corporation. This site is provided to you under the terms and conditions of this Agreement and any changes or amendments made to this Agreement in the future, as well as this site's operating rules and/or policies (collectively, the "Agreement"). This Agreement applies to all services of this site, separately and as a whole.

BY COMPLETING THE ORDER PROCESS AND CLICKING THE CHECKBOX LABELED "I AGREE TO USE POLICY, YOU REPRESENT AND WARRANT THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

2) MEMBER INFORMATION

As a condition of use of the Service, you agree to provide true, accurate, current and complete information about yourself, and to update this data if any of your information changes. If any information provided by you is untrue, inaccurate, not up-to-date or incomplete, this site has the right to terminate your account and refuse any and all current or future use of this site. Additionally, unauthorized use of this site may result in legal action against you personally.

You understand and agree that this site may access the content of your account in order to identify and resolve technical problems or service complaints, or for other reasonable purposes to operate this site and provide services.

3) MODIFICATIONS TO AGREEMENT

This site may change the Agreement from time to time. Your continued use of this site after such notice constitutes your acceptance of any such changes.

4) MODIFICATIONS TO SERVICE

This site reserves the right to modify or discontinue, temporarily or permanently, this site or parts of this site without notice to you. You agree that this site shall not be liable to you or any third party for any modification or discontinuance of this site or any service offered at this site.

5) CUSTOMER CONDUCT

You agree to be solely responsible for the data that you enter at this site and for the telephone calls that you cause to be made by entering such data.

You agree to abide by all applicable local, state, national, and international laws and regulations in your use of this site, and agree not to attempt to gain unauthorized access to other computer systems or networks through this site.

You agree not to transmit any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable messages of any kind, at any time, for any reason. You agree to participate fully in any investigation of abuse of this site and the services offered here in the event that for any reason your account is used by you or by someone else to cause any messages to be inappropriately delivered.

You agree not to transmit any messages that violate the rights of another, including but not limited to the intellectual property rights of another.

You agree not to impersonate any other person in your use of this site.

You agree not to resell your services on this site. You agree not to offer or provide the use of your account to any other person for any reason at any time, whatsoever.

6) TERMINATION

Each account will remain active for use for a ten (10) month period without activity. The entire customer account will terminate after use under the following conditions: 1) Thirty (30) days after an online birth announcement is sent, 2) Thirty (30) days after a photo is uploaded or 3) Thirty (30) days after a voice message is sent.

You agree that this site may, in its sole discretion, terminate or suspend your access to all or part of this site for any reason, including, without limitation, breach of this Agreement or any subsequent modifications, or attempted assignment of your account by you. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that this site may immediately bar further access.

This site shall not be liable to you or any third party for the termination of your account and services or any claims related to the termination of your account and services. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account without refund and may be referred to appropriate law enforcement authorities.

7) DISCLAIMER OF WARRANTIES

This site and the services available on or through this site are provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. To the fullest extent permissible under applicable law, this site disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose. This site does not represent or warrant that this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components.

8) LIMITATION OF LIABILITY

To the fullest extent permissible under applicable law, this site shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use this site, any changes to this site, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this site. You specifically agree that this site is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, or with any of this site's terms and conditions, your sole and exclusive remedy is to discontinue using this site and its associated services.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES, CONDITIONS OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS IN SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.

10) INDEMNIFICATION

You agree to indemnify and hold this site and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through and any and every call you cause to be made, as well as your conduct on or arising from the use of, this site.

11) GENERAL

This Agreement and the relationship between you and this site shall be governed by the laws of the State of Texas in the United States of America without regard to its conflict of law provisions. You and this site agree to submit to the personal and exclusive jurisdiction of the State of Texas, Harris County, or the applicable United States District Court covering Harris County, Texas, USA. However, both this site and you agree to submit to binding arbitration for any dispute. Such arbitration shall be held before one arbiter who is a member of the American Arbitration Association, using Texas Law and in the venue of Harris County, Texas, USA.

This site's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. 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 this site or this Agreement must be filed within 90 days after such claim or cause of action arose or be forever barred. You further agree that the total liability of eAnnouncements Inc. operating this site as Babyemail.com shall not exceed the total amount of funds paid by you to and fully collected by Babyemail.com.

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

This agreement is the only agreement, and is the entire agreement, between the parties hereto. No other provisions, whether expressed in writing, stated verbally, or transmitted electronically or otherwise, shall be binding on either party unless and until such provisions have been agreed to and exercised in written form by both parties or their legal agents.


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