Welcome to Our365! The Web site and domain name, located at Our365.com, are owned and operated by Growing Family Inc. d/b/a Our365 and its affiliates (collectively, “Our365”). Our365 wants to make sure that Our365 members enjoy and remember one of the biggest moments in their lives . . . the birth of their baby!

By using and/or visiting Our365's Web site (collectively including all Content available through the Our365.com domain name or the “Web site”), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms") AND THE MANNER IN WHICH WE COLLECT, USE, AND DISCLOSE YOUR PERSONAL INFORMATION AS SET OUT IN OUR365’S PRIVACY POLICY (the “Privacy Policy”), AVAILABLE AT http://www.Our365.com/aboutus/privacy.aspx. Terms may be changed or updated at any time. You can always read the current, complete version of the Terms at http://www.Our365.com/aboutus/terms.aspx. Specific Web pages of the Our365 Web site, specifically the Privacy Policy, may set out additional terms and conditions, all of which are incorporated by reference into these Terms.

In the case of inconsistencies between these Terms and information included in off-line materials, these Terms will always control. By visiting, entering, or using the Web site and/or the services, including Our365, Our365 Club, WebNursery®, Our Wisdom original parenting editorial content, Our Community discussion groups, the Our365 gift store, and Our365 family photo sharing services (collectively, the “Services”), you indicate that you accept the current version of these Terms and that you agree to be bound by them. Acceptance of the Terms creates a binding contract (“Agreement”) between you and Our365 that you will use the Web site and the Services only in a manner consistent with these Terms. If you do not agree to any of these Terms, then please do not access or use the Web site or Services, and, if applicable, you should arrange to cancel your registered user account or subscription to us.

I. Your Use of the Web site and Services

Our365 grants you a limited, non-transferable license to use this Web site in accordance with the Terms. You may only use this Web site to view information presented at this Web site and to make legitimate inquiries. You may not use this Web site for any other purposes, including without limitation, to make any false or fraudulent inquiries. This Web site and the content provided in this Web site, including any text, graphics, button icons, audio and video clips, digital downloads, data compilations and software (collectively, “Content”), may not be copied, reproduced, republished, framed, mirrored, uploaded, posted, transmitted, modified, sold, transferred, sub-licensed, distributed, disassembled, decompiled, or reverse engineered without the written permission of Our365, and/or its third party partners, except that you may download, display and print the materials presented on this Web site for your personal, non-commercial use only.

II. Member Conduct Guidelines

(a) In consideration of your use of the Web site and Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself upon registration and thereafter. You agree that you are responsible for maintaining the confidentiality of any usernames, passwords, account, or any other tools or data that afford you access to restricted areas of the Web site or Services (i.e. Newborn Portraits page, Our Community discussion forums, or Our Moments family sharing features) and are fully responsible for all activities that occur under your password or account. If you are sharing such usernames, passwords, etc. with others for the purpose of shared viewing of Newborn Portraits page, Our Community discussion forums, or Our Moments family sharing features, you are also responsible for all users of such information, whether or not actually or expressly authorized by you. You agree to immediately notify Our365 of any unauthorized use of your password or account or any other breach of security. Our365 cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms. You agree to comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

(b) You agree to use discretion and adhere to the family-oriented spirit of Our365. You agree not to use Our365 or the Services to:

1. upload, post, email, transmit or otherwise make available (“Post”) any Content:

• that is unlawful, harmful, threatening, indecent, inflammatory, pornographic, profane, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or that would otherwise violate any law, or violate any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• 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 virus, bug or other harmful item; or
• that contains any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

2. Harm minors in any way;

3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. Violate any applicable local, state, national or international law, intentionally or unintentionally;

5. "Stalk" or otherwise harass another;

6. Collect or store personal data about other users;

7. Transmit or otherwise transfer any Web pages, data or content found on this Web site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise; or

8. Supply material support or resources to organizations designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.

While utilizing or accessing the Web site, Our365’s Services, or information or other Content available on the Web site, you also agree not to:

1. Use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site or interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service in any way;

2. Use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Web site without the prior written permission of Our365; or

3. Imposes a burden or load on our infrastructure that Our365 deems in its sole discretion to be unreasonable or disproportionate to the benefits Our365 obtains from your use of this Web site.

Content that violates these guidelines may be removed at the discretion of Our365. We have no obligation to remove content that you personally find objectionable or offensive, though we will investigate complaints referring to inappropriate use of the Web site.

(c) You agree to be fully responsible for your own Content and the consequences of posting or publishing them. Our365 acts as a venue for you to Post your Content. While Our365 has the right to refuse to Post or remove, edit or abridge any Content for any reason, it is otherwise not involved in the writing or decisions as to the Content of its users. As a result, Our365 has no control over the quality, accuracy or legality of the Content on Our365. All Content posted on Our365 is the sole responsibility of the person from whom such Content originated. Our365 does not control the Content posted, emailed or otherwise transmitted on our Web site by others and, as such, Our365 does not guarantee the accuracy, integrity or quality of such Content. Although we have adopted community standards and conduct guidelines for the users of our Web site, you agree and acknowledge that by using this Web site, you may be exposed to Content that are offensive or objectionable. Under no circumstances will Our365 be liable in any way for any Content (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted to or through this Web site. Because Our365 is a venue, in the event that you have a dispute with a user of Our365 and its Services, you release Our365 and its officers, members and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

(d) In order to provide the Services, you hereby grant Our365 the royalty-free, non-exclusive, worldwide, and sublicensable right to use, modify, distribute, publish, copy, publicly display and publicly perform, in any format or medium now known or later developed, with or without attribution, any Content submitted by you on the Web site or Services, in connection with the Web site and Services, except as otherwise prohibited by the Privacy Policy.

(e) You understand and agree that Our365's online services are provided "AS IS." Our365 assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or settings. You understand and agree that use of Our365's online services are at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of Our365's Services is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

(f) You understand and agree that Our365 may delete user membership information, including Newborn Portraits, for the WebNursery® service one year from the date of the original posting of such information. This does not necessarily reflect any finding of violation of the Terms; it is an "expiration date," before and after which other family births may be registered using the same or updated information.

III. Intellectual Property Rights

The content on the Our365 Web site, except all Content submitted by users, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content"), the trademarks, service marks and logos contained therein ("Marks"), and any other proprietary rights related thereto or appearing on the Web site are owned by or licensed to Our365, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Web site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Our365 reserves all rights not expressly granted in and to the Web site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of content submitted by third parties obtained through the Web site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Our365 Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Our365 Web site or the Content therein. You agree to be liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Web site.

IV. Third Party Links

This Web site contains links to other Web sites that are provided solely as a convenience to you and not as an endorsement by Our365 of the contents or operation of such other Web sites. Our365 shall not be responsible for the content of any other Web sites and makes no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk. You agree not to hold Our365 responsible for the content or operation of such web sites.

V. Third Party Products and Services

You may order services, merchandise, or other products due to endorsement of the services, merchandise, or other products through our Web site or receive free samples of products produced by other parties from Our365 (collectively, “Third Party Sellers”). All matters concerning services, merchandise, and other products desired from Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the Third Party Sellers. Our365 makes no warranties or representations whatsoever with regard to any services, merchandise, and other products provided by the Third Party Sellers. You will not consider Our365 (and Our365 will not be construed as) a party to such transactions, whether or not Our365 may have received some form of revenue or other remuneration in connection with such transactions. Our365 will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

VI. Health and Information Disclaimer

Our365 provides Services and information to new and expectant parents, making available information and content published by Third Parties, published over the Internet and various media, and/or compiled from public sources believed to be reliable to its consumers. These Services and information are intended to assist users with various aspects of the pregnancy and child-rearing process. Our365 is not a medical organization, and our staff cannot give you medical advice or medical diagnosis. Nothing contained in this Web site should be construed as advice or diagnosis. Any reliance upon the Services and information is at user’s risk, and Our365 shall not be responsible to user or any other third party for any liability arising from or related to the use of the Services or information. The Services and information should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician or other specialist in the area of interest before incorporating the Services or information into your life.

VII. Privacy and Security

We are committed to protecting your privacy and security. According to the Our365 Privacy Policy, Our365 may disclose to third parties certain information about you. Under most circumstances, this would only happen with your consent. Please read our Privacy Policy, which is available at http://www.Our365.com/aboutus/privacy.aspx to understand the manner in which Our365 collects, uses, discloses, and otherwise manages the personal information you provide through our Web site.

VIII. Termination

Our365 may immediately change or terminate your access to the Services, the Web site, or any online membership(s) with Our365, with or without notice, at any time, without liability to you, any other user or any third party. Our365 reserves the right to terminate your online membership(s) if, without limitation, you have: (1) provided Our365 with false or misleading registration information; (2) interfered with other users or the administration of Our365 Services or Web site; (3) upon a request by law enforcement or other governmental authorities; or (4) otherwise violated these Terms.

IX. Disclaimer of Warranties

ALL PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE REQUIRED BY LAW, OUR365 DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, OUR365 DOES NOT WARRANT THAT ACCESS TO THIS WEB SITE WILL BE TIMELY, SECURE, AND/OR ERROR-FREE OR UNINTERRUPTED. OUR365 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, RESULTS, OR CONTENT PROVIDED ON THIS WEB SITE OR IN ANY EMAIL COMMUNICATION SENT BY OR ON BEHALF OF OUR365.

X. Limitation of Liability

OUR365 ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEB SITE. IN NO EVENT SHALL OUR365 BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), (III) OTHER MATTER RELATING TO THE WEB SITE AND/OR SERVICES.

If, notwithstanding the foregoing, Our365 or any third party provider or distributor should be found liable for any loss or damage, which arises out of or is in any way connected with any of the above described functions or uses of this Web site, its Content, and/or the Services, the liability of Our365 and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge, if any, for accessing this Web site or Services, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to Our365 and without any liability whatsoever, Our365, at any time and without notice, may terminate or restrict your access to any component of this Web site or its Services. Some states do not allow certain limitations of liability, so the foregoing limitation may not apply to you.

XI. Indemnity

You agree to indemnify, defend and hold harmless Our365, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liabilities, damages, losses, debt, expenses, obligations, and/or costs (including, but not limited to, attorneys fees) arising from: (i) your use and access to the Web site or of Our365 Services; (ii) your violation of the Terms; (iii) your violation of any third party right, including without limitation any trademark, copyright, property, proprietary, privacy, or other right or your infringement or infringement by any other user of your account, of any intellectual property or other right of any person or entity; and (iv) any of your Content, including, without limitation, any Content posted or otherwise provided by you that infringes any copyright, trademark, intellectual property right of any person or defames any person or violates any person's rights of publicity or privacy, or otherwise violates these Terms. The Terms will inure to the benefit of successors, assigns, and licensees. This defense and indemnification obligation will survive these Terms and your use of the Web site and/or Services.

XII. Claims of Intellectual Property Infringement and Agent

If you believe your copyright, or other intellectual property rights have been infringed by the Web site, Content or Services, we ask that you please provide to Our365’s Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

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 copyright 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 us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party;

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; and

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.

Send such notice as directed above to:

Copyright Agent
Our365
450 Park Avenue, Third Floor
New York, New York 10022
Phone: 212-752-1668
Fax: 212-634-3305
Email: copyrightagent@our365.com

XIII. Governing Law

This Agreement and its performance shall be governed by the laws of the State of New York, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, United States of America, in all questions and controversies arising out of your use of this Web site, the Services, and/or the Terms. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Web site must be brought within two (2) years from the date on which such claim or action arose or accrued. Our365 controls and operates this Web site from its headquarters in the United States of America, and the Web site may not be appropriate or available for use in other locations. If you use this Web site outside the United States of America, you are responsible for following applicable local laws.

XIV. Attorney’s Fees

If Our365 takes any action to enforce these Terms, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

XV. Injunctive Relief

You acknowledge that a violation or attempted violation of any provision of these Terms will cause such damage to Our365 as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Our365 shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Our365 in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.

XVI. Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

XVII. Relationship

The relationship between Our365 and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

XVIII. Modification

Our365 may make changes to the information and/or materials offered on or available from this Web site at any time without notice, and Our365 may change these Terms at any time without notice by posting updated terms of use on the Web site. Your continued use of the Web site after such changes have been posted signifies your assent and agreement to the new Terms, even if you have not reviewed the changes. Therefore, you should check the Terms and Conditions posted on the Web site periodically for updates and changes.

XIX. Additional Terms

Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this Web site, and you agree to abide by such other terms and conditions.

XX. Severability

This Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

XXI. Headings

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

XXII. Entire Agreement

This Agreement, together with any terms and conditions incorporated herein or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Web site.

If you are aware of any violations of these Terms and Conditions, please report them.

Thank you!