TERMS OF USE
OUR BABY MAKER™

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE OUR BABY MAKER APPLICATION OR RELATED SERVICES.

YOUR ACCESS OR OTHER USE OF THE APPLICATION OR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE OUR BABY MAKER APPLICATION OR SERVICES AND SHOULD EXIT IMMEDIATELY. Before you continue, you should print or save a local copy of these Terms for your records.

Last Updated: September 21, 2010

Welcome to the Our Baby Maker application ("Application"), operated by Mindspark Interactive Network, Inc. ("Mindspark", "we" or "us"). The Our Baby Maker APPLICATION, SERVICES and/or TOOLBAR is not available to PERSONS UNDER THE AGE OF 13. By using these services, you are representing that you meet the minimum age requirement and are at least 13 years old.

This Terms of Use ("Terms of Use" or "TOU" is a legally binding agreement that governs your use of the Our Baby Maker Application or any successor website/application branded with our Our Baby Maker™ brand. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms of Use at any time. You can always check out the most current version of these Terms of Use at this page. You can determine when this Terms of Use was last revised by referring to the "Last Updated" legend at the top of this Terms of Use.

In addition to this Terms of Use, your use of the Application and/or Services (as defined below) is governed by our Privacy Policy. You agree to Mindspark's collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time in our discretion. When using particular Services, you shall be subject to any posted terms or guidelines applicable to such services, and any other terms or conditions applicable to Services provided by or in conjunction with any of Mindspark's content and service partners. The Privacy Policy and any posted terms or guidelines are hereby incorporated by reference into this Terms of Use.

If you have any questions or concerns regarding this Terms of Use, please email us at info@OurBabyMaker.com. Do not use the Services until these questions and concerns have been answered to your satisfaction, and you agree to abide by the terms and conditions of this Terms of Use.


OVERVIEW

The Our Baby Maker Application offers a multipurpose service which, in combination with the Our Baby Maker downloadable toolbar application (the "Toolbar"), allows you to upload and morph photos to create fun examples of what your babies might look like and post these photos to your Facebook wall (collectively, and together with the Application, the "Services"). Unless otherwise stated, these Terms of Use apply to all Services; use of the Toolbar itself is governed by an End User License Agreement available here. All content and additional or replacement services made available through the Application that were not made available as of the "Last Updated" date above shall automatically be deemed to be part of the "Services" when first made available through the Application.

PLEASE NOTE THE FOLLOWING DISCLAIMER:

No Reliance on Our Baby Maker Application Content. The Application is intended for general entertainment purposes only. As such, you use it at your own risk. The content is provided on an "as is" and "as available" basis, and we make no representations or guarantees as to its accuracy, completeness, usefulness, or suitability.

In no event shall Mindspark be liable for any damages whatsoever (whether direct, indirect, general, special, compensatory, consequential, and/or incidental), arising out or relating to any decisions you make based upon reading any content on the Application.

USE OF THE SERVICES; ELIGIBILITY; GRANT OF LIMITED LICENSE

Use of the Application is conditioned on the download and continued installation of the Toolbar. By removing the Toolbar from your computer, you may lose access to the Application and/or certain of the Services.

You may access the Application and use the Services for personal, non-commercial purposes. Use of the Services is void where prohibited. By accessing or otherwise using the Application and/or Services, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Use, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Use; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Services, including, but not limited to (i) restricting the time the Services are available, (ii) restricting use of certain Services to users in specified geographic regions, (iii) restricting the amount of use of the Services permitted (which may vary depending on membership level), and (iv) restricting or terminating any user's right to use the Services, with or without notice; (b) charge fees in connection with the use of all or part of the Services; (c) modify and/or waive any fees charged in connection with the Services; and/or (d) offer opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any service, content or feature offered through the Services. Your continued use of the Services following the posting of changes to these TOU will constitute your acceptance of such changes

Subject to the above, the terms and conditions set forth herein, and any applicable third party restrictions, Mindspark grants you a revocable, non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access the Services. All rights to ownership or use not expressly stated herein are reserved by Mindspark and Mindspark disclaims any and all implied licenses

DISCLOSURE OF INFORMATION TO THIRD PARTIES

Pursuant to the Our Baby Maker Privacy Policy, we may disclose to third parties certain information we collect about you and your use of the Application unless you choose to opt out from such disclosures. Please note: opting out may restrict your ability to utilize certain of the Services. We may also disclose such information if we have a good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce these Terms of Use. For more information, please see our full Privacy Policy.

COMMUNITY STANDARDS AND CONDUCT

You agree to not use the Services to:

· upload, post, email or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

· harm minors in any way;

· impersonate any person or entity, including, but not limited to, an Mindspark official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

· email or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

· email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

· email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

· email 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;

· interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Services;

· 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 regulations having the force of law;

· "stalk" or otherwise harass another member or user of the Services; or

· collect or store personal data about other users, or members.

LINKS/EXTERNAL SITES, SOCIAL NETWORKS AND RESOURCES

The Our Baby Maker Application, Services and/or Toolbar may contain advertisements for or links to other World Wide Web sites or resources. These sites and resources are not controlled by Mindspark, and the mere existence of the link on the Application or Toolbar does not imply an endorsement by Mindspark. The Services may be offered through social networks and may be available only to registered members of the social network (through which they can access the Services). The Services may allow you to interact with or post communications to social networks. External Web sites, social networks and resources are not subject to these Terms and Conditions or the Our Baby Maker Privacy Policy, and may be subject to other terms and conditions or policies posted therein. Information collected from you by an external site or social network may be subject to the pertinent site/ network policies.

Because Mindspark has no control over such sites and resources, you acknowledge and agree that Mindspark is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mindspark 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 goods or services available on or through any external site, social network or resource. Your use of external sites or resources is at your own risk.

DISCLAIMER

Mindspark and its service providers utilize diligent efforts to maintain the Services, but Mindspark and its service providers are not responsible for any defects or failures associated with the Services. In addition, Mindspark and its service providers make no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Services, including as to: (i) the accuracy, currency, content, completeness, non-infringement or quality of any such sites and information, or (ii) whether any search using the Services may locate unintended and objectionable content.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. MINDSPARK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE.

WITHOUT LIMITATION, MINDSPARK MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE APPLICATION, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

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

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM MINDSPARK PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

MINDSPARK EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY VENDORS, INCLUDING WITHOUT LIMITATION ALL WARRANTIES RELATING TO THE FACEBOOK.COM WEBSITE,

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MINDSPARK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MINDSPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APPLICATION OR SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL MINDSPARK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APPLICATION.

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 MAY NOT APPLY TO YOU. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MINDSPARK, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE APPLICATION OR SERVICES, YOUR VIOLATION OF THESE TERMS OF USE OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MINDSPARK OF ANY BREACH OF SECURITY KNOWN TO YOU.

TERMINATION AND MODIFICATION

You agree that Mindspark, in its sole and absolute discretion, may terminate your use of the Services for any reason, including, without limitation, for lack of use or if Mindspark believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Mindspark may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Mindspark may bar any further access to the Services. Further, you agree that Mindspark shall not be liable to you or any third-party for any termination of your access to the Services.

The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.

INTELLECTUAL PROPERTY

You acknowledge that the Application and Services contain information, software, graphics, photos, or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Mindspark-generated Content and Content provided to Mindspark by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Mindspark owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Application and Toolbar. Subject to your compliance with the TOU, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the Application and Toolbar to any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms of Use. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other Web site or networked computer environment is strictly prohibited.

The Mindspark and Our Baby Maker names, logos and affiliated properties, are the exclusive property of Mindspark Interactive Network, Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

ELECTRONIC DELIVERY/NOTICE POLICY AND YOUR CONSENT

By using the Application or Services, you consent to receive from Mindspark all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Application and Services.

GOVERNING LAW AND OTHER MISCELLANEOUS TERMS

These Terms of Use (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Application (and all Services) is deemed a passive application that does not give rise to personal jurisdiction over Mindspark or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

These Terms of Use (and any further policies or documents incorporated by reference herein) constitute the entire understanding between Mindspark and users of the Application and Services concerning the subject matter hereof and may not be modified except by revised Terms of Use posted by Mindspark. These Terms of Use, which may be modified or amended by Mindspark from time to time, in its sole discretion, supersedes all prior understandings and agreements, whether written or verbal with respect to the subject matter hereof. If any of the provisions of these Terms of Use will contravene, or be invalid under, the laws of the particular jurisdiction where performed, such contravention or invalidity will not invalidate the whole agreement, rather these Terms of Use will be construed as if not containing the particular provision or provisions held invalid, and the rights and obligations of the parties will be construed and enforced accordingly. Notwithstanding the foregoing, the TOU does not modify, alter or amend any other specific agreement you have entered or will enter into with Mindspark. To the extent that any provision of the TOU conflicts with any provision of your other agreements with Mindspark, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this TOU, unless otherwise expressly provided in such other agreement.

No failure or delay by Mindspark in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

These Terms of Use are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. Users may not assign their rights or obligations hereunder without Mindspark's prior written consent.

END OF DOCUMENT.

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