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MyBabyPlace Terms of Service
Welcome to Bread Web Services' "MyBabyPlace" service. These Terms of Service, which govern your use of "MyBabyPlace" (the "Service"), have been written to ensure that you have a secure, exciting and enjoyable online experience with the Service. Whether you are a new user, a guest or one of our existing account holders, you cannot register for or use the Service until you have signified your acceptance of these Terms of Service. Should you not wish to be bound by these Terms of Service, you may discontinue your use of the Service. For any questions regarding these Terms of Service, please contact us at ten.bewdaerb@sot.

  1. ACCEPTANCE OF TERMS

    Whether you are an account holder having a Member Site on one of Bread Web Services' web services, including on or within the URL MyBabyPlace.com (an "Account Holder"), or invited by an Account Holder to view, post comments or author content on an Account Holder's Member Site, (a "Guest"), your use of the Service is subject to these Terms of Service ("TOS"). By using or registering for the Service, you agree to these terms and conditions and, further, agree to the Bread Web Services Privacy Policy. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service. The TOS applies to each and every use of the Service, whether you are a Guest or an Account Holder, regardless of the type of membership you have or whether your use of the Service is on a paid or free trial basis.

  2. AMENDMENTS

    Bread Web Services reserves the right to update and change the TOS from time to time with notice of any change(s) in accordance with the provisions of this TOS. With each use of the Service after notice of a change to the TOS, you reaffirm your acceptance of the then-current Terms of Service.

  3. DESCRIPTION OF SERVICE

    Bread Web Services provides each Account Holder with a web site on Bread Web Services' Internet Property (a "Member Site"). Each Member Site has a limited disc space based on the type of account purchased. For information regarding the types of accounts available, click here. The Service also includes tools that enable Account Holders and their Guests to build their baby website using various tools (e.g. web log, photo albums, movies, etc.) The type and number of tools you may use depend on the type of account you have and your status as an Account Holder or a Guest. Unless explicitly stated otherwise, any new features that alter, amend, or enhance the current Service, including the release of new Bread Web Services properties, tools and/or resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You are responsible for maintaining all telephone, computer software, hardware and all other equipment needed for access to and use of the Service, and all charges related thereto. You understand and agree that the Service may include certain communications from Bread Web Services, such as service announcements, administrative messages and the MyBabyPlace Newsletter, and that these communications are considered part of your MyBabyPlace membership and you will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Bread Web Services for use in accessing the Service.

  4. REGISTRATION

    In order to use the Service, you must have a valid MyBabyPlace ID. To be an Account Holder with your own Member Site, you must provide Bread Web Services with a valid credit card account and current billing and shipping information, including your name, mailing address, email address, telephone number and other requested information ("Registration Data"). If you register for the Service, you agree to provide accurate and complete Registration Data and you agree to keep such information current.

    As an Account Holder, you will create a password and an account designation for your Member Site during the Service's registration process. You may not (1) use an account designation of anyone else without authorization; (2) use an account designation that Bread Web Services considers in its sole discretion as being inappropriate; (3) use an account designation in violation of the intellectual property rights of any person, organization or entity; or (4) select or use an account designation of another person with the intention of impersonating or causing harm or distress to that person.

    You are and agree to be responsible for maintaining the confidentiality of your password and account information, and agree to be fully responsible for all activities and actions that are taken using your password or account. You agree to (a) immediately notify Bread Web Services' webmaster at ten.bewdaerb@swb of any known or suspected loss, theft or unauthorized use of your password or account or of any other breach of security, and (b) ensure that you exit from your account at the end of each session by logging out of your account. Bread Web Services cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Bread Web Services has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bread Web Services has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you register to use the Service on a free-trial basis, you must complete the registration process and provide Registration Data as described above, including the entry of your credit card information. Users under 18 years of age are required to have a parent or guardian review and complete the registration process.

  5. PAYMENT TERMS

    1. BILLING POLICY

      Bread Web Services offers a variety of paid services. Payment for these services must be made via credit card. The credit card that Account Holders provide as part of the Registration Data will be automatically and immediately billed. All currency references are in U.S. Dollars.

      The available services may allow for different billing periods. Typically these payment options may include annual or month-to-month billing periods. Please note, unless Bread Web Services gives notice to the contrary, payment for the Service is billed on a monthly or annually basis (as selected by the Account Holder) and is non-refundable. The anniversary billing day will be set to the day the initial transaction occurred. For example, with a month-to-month subscription period, billing will occur on the same calendar day each month following the start of the subscription. For the purposes of this agreement, the date and time of any transaction will be the date and time in the U.S. Eastern Time Zone, including adjustments for Daylight Savings Time.

    2. YOUR PAYMENT RESPONSIBILITIES

      You expressly authorize Bread Web Services to charge all fees and charges incurred in connection with the Service, including all applicable taxes, fees and surcharges, to your selected billing method, including charges that may occur on an automatic or recurring basis, and such authorization shall remain valid until revoked by you by canceling any Service. You agree to keep your billing information current. If Bread Web Services does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by Bread Web Services or its agents.

      Every time you use the Service, you reaffirm that (i) Bread Web Services (or its designated vendor acting as Bread Web Services' billing agent) is authorized to charge your designated payment method; (ii) Bread Web Services may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated. You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges and purchases made by you or anyone on your account.

      You must notify Bread Web Services' customer service department about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to Bread Web Services' attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

    3. PAYMENT DETAILS

      For month-to-month paid services, you will be billed on the subscription anniversary day each subsequent month. On the last day of the subscription anniversary each month, the service will automatically be renewed for the next month unless you cancel the service as described in the Cancellation and Termination section of this agreement.

      For paid services with annual terms, the service term begins the day the service is purchased and continues until the end of the applicable subscription period. On the last day of each applicable term, your service will automatically renew for successive terms of the same duration unless you cancel the service as described in the Cancellation and Termination section of this agreement. PLEASE NOTE: Your account registration cannot be refunded in whole or in part. Upon cancellation, you may elect to remove your Member Site immediately or allow your Member Site to remain posted through the last day of your applicable term.

      Credit card payments that cannot be processed on the applicable anniversary bill date may cause your account to be suspended. If your account is suspended, you will need to contact Customer Support to reactivate it.

    4. UPGRADES AND DOWNGRADES

      You will have the ability to upgrade or downgrade the Service at any time during the term, not to exceed one upgrade or downgrade per month. Upgrading or downgrading will not change the expiration/renewal date of your account with the Service (your "Anniversary Date"). Such upgrade or downgrade will take effect immediately. For any upgrade in package level, the credit card listed with your account at the time of your upgrade will automatically be charged a pro-rata amount for the higher level Service. For any downgrade in package level, your account for the Service will be credited a pro-rata amount for the lower level Service. However, there will be no refunds or credits for partial months of service. Fees may not be credited towards other services. Please note that downgrading your Service may cause the loss of content and/or features of your Member Site. Your election to downgrade signifies your acceptance of such loss and Bread Web Services does not accept any liability for such loss.

    5. CANCELLATION AND TERMINATION

      If you cancel the Service before the end of the term, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and all information contained therein may be deleted by Bread Web Services. Bread Web Services accepts no liability for information or content deleted as a result of cancellation. If you are a Guest, the Account Holder who invites you may request Bread Web Services to, and Bread Web Services may, terminate your Service at any time and for any reason. If your credit card is determined to be invalid for any reason, the Service may be cancelled and all the information contained within the account associated such card may be deleted permanently. Bread Web Services accepts no liability for information that is deleted due to any account's association with an invalid credit card.

      You can cancel the Service by following the instructions on the site. Your termination is not complete until processed by Bread Web Services. Upon cancellation, you will not receive a refund. PLEASE NOTE: All charges are non-refundable, so no refunds will be issued if your service is canceled before the end of the applicable term. If you cancel the Service, you may elect to delete your Member Site upon your cancellation or continue to leave your Member Site posted through the expiration date of your applicable term.

      You agree that Bread Web Services, in its sole discretion, may terminate your password, and/or account, and remove and discard any Member Content within the Service (including, but not limited to your Member Site if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if Bread Web Services believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, oral, written or assumed, in conjunction with your deleted Member Site (as applicable) and all its parts, at Bread Web Services' discretion, will be terminated as well. Bread Web Services may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effectuated without prior notice, and acknowledge and agree that Bread Web Services may immediately deactivate or delete your Member Site, as applicable, and all related information and files at its sole discretion or at the direction of a court or law enforcement agency. Bread Web Services reserves the right to bar any further access to such files or the Service. You agree that Bread Web Services shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.

    6. FREE TRIALS

      If you have subscribed to the Service with a free trial period, you must cancel the Service prior to the end of the applicable trial period in order to avoid incurring any applicable subscription fees. You hereby agree that, unless you cancel the trial before the one month anniversary of your signup date, your account will automatically convert to a paid account and you will be billed for the Service on a monthly basis. Please note that, in order to verify your credit card information, we may be required to post a transaction to your account ("Validation"). The Validation may appear as a "pending" charge, in a sum not to exceed $10.00, with your credit card merchant. However, no charges will actually be posted to your account until and unless you become a paid account member as described above. You must cancel your account before the end of the trial period to avoid being charged a membership fee.

    7. OTHER BILLING PROVISIONS

      We reserve the right to change this billing policy at any time. If you feel the changes are unacceptable, you may cancel your service as described in the Cancellation and Termination section of this agreement. All charges are billed in U.S. dollars. We are not responsible for any loss of funds due to foreign currency exchange.

  6. Bread Web Services PRIVACY POLICY

    Registration Data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference. For more information regarding our Privacy Policy, please click here.

  7. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY

    You are responsible for maintaining the security of your account and Member Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Member Site, including those of your Guests. You agree to immediately notify Bread Web Services of any known or suspected unauthorized use of the account or any other known or suspected breach of security. Bread Web Services cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Bread Web Services be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind, including consequential or incidental, incurred as a result of such acts or omissions.

  8. CONTENT AND CONDUCT RULES AND OBLIGATIONS

    You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials not owned by Bread Web Services ("Member Content") is the sole responsibility of the Account Holder whose Member Site contains such Member Content. This means that you, and not Bread Web Services, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the Service. Bread Web Services does not control the Member Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Member Content.

    You agree to use the products and services of Bread Web Services for lawful purposes only. You understand that by using the Service, you may be exposed to Content that you deem to be offensive, indecent or objectionable. Under no circumstances will Bread Web Services be liable in any way for any Member Content, including, but not limited to, for any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, transmitted or otherwise made available via the Service. You acknowledge that Bread Web Services does not pre-screen Member Content, but that Bread Web Services and its designees shall have the right (but not the obligation) in their sole discretion to refuse, delete or move any Member Content that is available via the Service. Without limiting the foregoing, Bread Web Services and its designees shall have the right to remove any Member Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content. In this regard, you acknowledge that you may not rely on any content created by Bread Web Services or submitted to Bread Web Services. You acknowledge and agree that Bread Web Services may preserve Member Content, but you will place no reliance on Bread Web Services to function in any capacity for data storage or management. You further acknowledge and agree that Bread Web Services reserves the right to copy, preserve and/or disclose Member 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 Member Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Bread Web Services, its users and the public.

    You understand that the technical processing and transmission of the Service, including your Member Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    Should Member Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Bread Web Services' sole discretion as to what action should be taken.

    You agree that you will not:

    1. upload, post, transmit or otherwise make available any Member Content that is unlawful, threatening, abusive, harmful, harassing, defamatory, vulgar, obscene, tortuous, libelous, invasive of another's privacy (including the publication of any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

    2. harm minors in any way;

    3. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party or violates or in any way infringes upon the rights of others;

    4. impersonate any person or entity, including, but not limited to, a Bread Web Services official, forum leader, guide or host, or falsely state, imply or otherwise misrepresent your affiliation with any person or entity;

    5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

    6. upload, post or otherwise transmit any content that you do not have a lawful right to transmit (including but not limited to inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    7. use the Service to generate, upload, post, or transmit unsolicited commercial email or "spam" or authorize others to use your account to send unsolicited bulk communications. This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;

    8. harvest or collect information about the Service's users from Bread Web Services, including Account Designations or member information, and use that information for the purpose of sending unsolicited bulk communications.

    9. upload, post or otherwise transmit 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;

    10. 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;

    11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulation having the force of law;

    12. "stalk" or otherwise harass another;

    13. engage in or encourage conduct that would constitute a criminal offense in any jurisdiction, promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

    14. offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation; (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations; or (iii) Bread Web Services determines, in its sole discretion, to be inappropriate for sale through the Service provided by Bread Web Services;

    15. use the Service as a forwarding service to another website;

    16. exceed the scope of the Service that you have signed up for; for example, accessing or using tools that you do not have a right to use, or deleting, adding to, or otherwise altering comments or Member Content as a Guest.

    If any user is reported or determined to be in violation with the letter or spirit of these terms, Bread Web Services retains the right to terminate such account at any time without advance or further warning. You agree that Bread Web Services may take any legal or technical steps it may deem necessary to prevent any breach of the provisions of this paragraph of the TOS.

  9. ADDITIONAL SOFTWARE

    With respect to any additional software that may be made available by Bread Web Services in connection with the Service, if you elect to download or access such additional software, you understand that you may be required to review and agree to additional terms and conditions that apply to such software before you can use such software.

  10. 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 legal jurisdiction in which you reside.

  11. CONTENT SUBMITTED

    Bread Web Services does not claim ownership of the Member Content you place on your MyBabyPlace Member Site. By submitting Member Content to Bread Web Services for inclusion on your MyBabyPlace Member Site, you affirm that you have the legal authority to upload and cause to be displayed such Member Content and grant Bread Web Services a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Member Content solely for the purpose of displaying, distributing and promoting your Member Site on Bread Web Services' Internet properties. This license exists only for as long as you continue to be a Bread Web Services customer and shall terminate at the time your Member Site is terminated. You understand that Member Content placed on your MyBabyPlace Member Site will be made available through the Service for public display, although you may elect to restrict access to your Member Site through use of password protection.

    You acknowledge that Bread Web Services does not pre-screen Member Content, but that Bread Web Services and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Member Content that is available via the Service. Without limiting the foregoing, Bread Web Services and its designees shall have the right to remove any Member Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content.

  12. STORAGE

    Bread Web Services assumes no responsibility for the deletion or failure to store, deliver or timely display Member Content. You understand that the Service is neither designed nor contracted by you to operate as a data storage medium/center and you agree that you are solely responsible to back up and store all Member Content. Bread Web Services may, from time to time and without notice, set reasonable limits on access to Member Content and Bread Web Services retains the right to deactivate any account which exceeds such limit without any liability whatsoever, and you hereby release Bread Web Services from any such liability. Any notice provided by Bread Web Services to Account Holders in connection with such limit(s) shall not create any obligation to provide future notification regarding any changes to such limits.

  13. SUPPORT

    You understand that your use of the Service is at your own risk and that Bread Web Services provides no assistance, although you may request and receive email support and a help window may be available to address some questions or issues.

  14. LINKS

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Bread Web Services has no control over such sites and resources, you acknowledge and agree that Bread Web Services is not responsible for the availability of such external sites or resources, and does not endorse, adopt or incorporate such external sites or resources and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Bread Web Services shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  15. RESALE OF SERVICE

    You agree not to sell, resell, rent, lease, reproduce, duplicate, copy, grant a security interest in, make commercial use of the Service or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Bread Web Services.

  16. GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that Bread Web Services may establish general practices and limits concerning use of the Service and may modify such general practices and limits from time to time.

  17. MODIFICATIONS TO SERVICE

    Bread Web Services has the right at any time to change, modify, add to or discontinue or retire, temporarily or permanently, any aspect or feature of the Service including, but not limited to, the availability, software or equipment needed for access or use with or without notice at any time. You agree that Bread Web Services shall not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the Service.

  18. Bread Web Services' PROPRIETARY RIGHTS

    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or its advertisers is protected, pursuant to international law, by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Bread Web Services or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

    Bread Web Services does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Bread Web Services representative, any material, information or idea you transmit to Bread Web Services by any means may be disseminated or used by Bread Web Services or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Member Content (as defined herein), or to personal information that is subject to our Privacy Policy.

  19. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BREAD WEB SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NEED AND NON-INFRINGEMENT.

    2. BREAD WEB SERVICES WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, BREAD WEB SERVICES IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. BREAD WEB SERVICES DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS., (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. BREAD WEB SERVICES PROVIDES ITS PRODUCTS, THE SERVICE AND ITS PROGRAMS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT BREAD WEB SERVICES WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE AT ALL TIMES.

    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    4. NO ADVICE OR INFORMATION OBTAINED THROUGH OR FROM THE SERVICE OR GIVEN BY BREAD WEB SERVICES OR BREAD WEB SERVICES' REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

    5. BREAD WEB SERVICES DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR THE SERVICE IN PARTICULAR.

  20. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT BREAD WEB SERVICES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) LOSS OF DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, MEMBER SITE OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, EVEN IF BREAD WEB SERVICES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS PROHIBITED, BREAD WEB SERVICES AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  21. INDEMNITY

    You agree to indemnify and hold Bread Web Services, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) made by any third party due to or arising out of or relating to your Member Content, your use of the Service, your Guests' activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. Each user, whether an account holder or Guest, is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access. Bread Web Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

  22. U.S. GOVERNMENT RESTRICTED RIGHTS

    The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Bread Web Services' proprietary rights in them.

  23. GENERAL

    The Service is provided for your personal, consumer use only unless otherwise specified, and is not intended for commercial or business use and such use is prohibited. The TOS and the relationship between you and Bread Web Services shall be governed by the laws of the State of Rhode Island without regard to its conflict of law provisions. You and Bread Web Services agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Rhode Island, County of Providence. The failure of Bread Web Services to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Bread Web Services and govern your use of the Service, superseding any prior agreements between you and Bread Web Services (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Bread Web Services' services, third-party content or third-party software. If any provision of the TOS or incorporated documents are 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 TOS 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 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.

  24. ENFORCEMENT

    In order for Bread Web Services to comply with applicable laws including, without limitation, the Electronic Communications Privacy Act, 18 U.S.C. 2701 et seq., to comply with appropriate government requests, to operate Bread Web Services' systems properly, or to protect Bread Web Services, its clients, its users or other third parties, Bread Web Services may access and disclose any information, including without limitation, the personal identifying information of Bread Web Services' users, the contents of any electronic communications passing through its network and any other information it considers necessary or appropriate without notice. Bread Web Services will cooperate with law enforcement authorities in investigating suspected violations of the TOS and any other illegal activity. Bread Web Services reserves the right to report to law enforcement authorities any suspected illegal activity of which it becomes aware. If Bread Web Services determines, in its sole discretion, that you or the use of your account may be violating the TOS, Bread Web Services may initiate an investigation, including the collection of additional information about you, and take any actions necessary to prevent such violations independently of any law enforcement authorities. Bread Web Services respects the intellectual property of others and asks that you to do the same. Pursuant to 17 U.S.C. 512 as amended by Title II of the Digital Millennium Copyright Act, Bread Web Services will terminate your account if it is used to unlawfully transmit or host copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Bread Web Services and later confirmation through court order or an admission by you that an account has been an instrument of unlawful infringement, Bread Web Services may terminate your account. Bread Web Services may also in its sole discretion decide to suspend or terminate your account prior to that time if it has good faith belief that infringement has occurred. You are responsible for all expenses (including reasonable attorneys' fees) incurred by Bread Web Services with respect to any of the foregoing activities. You acknowledge and agree that neither Bread Web Services nor any of its licensors shall be liable to You in the event Bread Web Services is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to act pursuant to these provisions. In addition, pursuant to 17 U.S.C. 512(c), Bread Web Services has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe that your copyright has been infringed through the use of the Services, please contact:

    Bread Web Services, LLC
    P.O. Box 7154
    Cumberland, RI 02864

    or via e-mail at ten.bewdaerb@swb.

  25. NOTICE

    You agree to accept any and all notices electronically. We may contact you by electronic or postal mail based upon contact information you provide. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Your personal information will be kept in accordance with our Privacy Policy.

  26. SUCCESSORS AND ASSIGNS

    This Agreement shall be binding upon and inure to the benefit of any Bread Web Services successor companies or assigns.

  27. SEVERABILITY

    If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this TOS, and this TOS shall be carried out as if such void, invalid or unenforceable provision were not part of this agreement.

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE ENTERING INTO AN AGREEMENT WITH BREAD WEB SERVICES AND NOT ANY THIRD PARTY WITH WHOM BREAD WEB SERVICES HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "I AGREE TO THE MYBABYPLACE TERMS OF SERVICE" CHECK BOX, YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH BREAD WEB SERVICES AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS TOS. PERSONS UNDER 13 MAY NOT REGISTER FOR THE SERVICE AT THIS TIME.