Terms And Conditions

VoiceShareTM Terms of Service

Last revised June 16, 2010

NOTE: BY ACCEPTING THESE TERMS OF SERVICE YOU ARE ENTERING INTO A
LEGALLY BINDING AGREEMENT.

1. INTRODUCTION.

A. The VoiceShareTM Service.

VoiceShareTM is a service provided by Belly Buds LLC (the “Company”) to enable registered users
(registered users are sometimes referred to below as “Users”) to create and share an MP3 audio
recording of themselves with a pregnant friend or relative (who must also be a registered user and
who must have invited the first User into their VoiceShare circle for use with the Company’s
“bellybuds™” product in conjunction with an MP3 player or other appropriate player device to play the
recording for a baby in utero. The VoiceShareTM service is intended primarily to allow an absent
parent, grandparent, or, other loved one who cannot be physically present during an entire pregnancy
to send a voice message which the mother can play for the baby in utero, using the Company’s
bellybuds™ product, so that the baby can hear and become familiar with the sender’s voice in the
sender’s absence. Furthermore, the intent of the VoiceShare™ Service is to share positive messages
for the benefit of the baby in utero, parent to be, family member or other loved one of the parent to
be. We make the VoiceShareTM service available through our website to pregnant mothers and
fathers, and their respective families and loved ones, who register to use the VoiceShare™ service
for its intended purpose and agree to the VoiceShare™ Terms of Service.

B. Scope and Intent.

You agree that by registering to use the VoiceShareTM service, or by using the Company’s website to
send or receive an MP3 to or from another person (collectively, including the VoiceShareTM service,
the “Services”), you are entering into a legally binding agreement with Belly Buds LLC, 6230A
Wilshire Blvd., Suite 1168, Los Angeles, California 90048-5126 (“we,” “us,” “our,” and the “Company”)
based on these Terms of Service and the Company’s Privacy Policy, which is hereby incorporated by
reference (collectively referred to as the “Agreement”).

2. YOUR OBLIGATIONS.

A. Applicable laws

You must comply with all laws, regulations, rules, ordinances, orders, and other governmental
requirements applicable to Users. Among other things, and without limiting the foregoing general
obligation, this means you are specifically obligated not to utilize the VoiceShare service to send an
audio recording or other electronic file which you have copied illegally or the transfer of which would
infringe the copyright or other rights of any third person.

B. This Agreement

You must comply with all provisions of these Terms of Service, as they may be amended from time to
time with or without advance notice. You must also comply with the Company’s Privacy Policy, as it
may be amended from time to time with or without advance notice, and with such other rules and
requirements as the Company may impose from time to time with or without advance notice in its
sole discretion acting in good faith. The VoiceShare service is provided for private use and
consumption and all audio recordings are specifically prohibited from commercial use.

C. Right to Refuse the Services to Anyone

We reserve the right to refuse the VoiceShareTM service to anyone at any time in the Company’s sole
discretion acting in good faith, subject to applicable law. Also, we reserve the right to revoke the
status of any person as a registered user of the VoiceShare service at any time in the Company’s
sole discretion acting in good faith, again subject to applicable law.
D. Warranty regarding your submissions to the Company.
You warrant and represent that you own each and every audio recording or other submission
(collectively, a “Submission”) you provide to the Company to be sent using the VoiceShareTM service.

E. Service Eligibility.

You represent and warrant that you: (1) are 18 years of age or older; (2) have full power and authority
to enter into this Agreement and doing so will not violate any other agreement to which you are a
party or by which you are bound; (3) will not violate any rights of the Company or any third person,
including intellectual property rights such as copyright or trademark rights; and (4) will use the
VoiceShareTM service only for its intended purpose of allowing loved ones and other caring
individuals to have a positive and beneficial influence on unborn children by sending audio recordings
to be played for the child using the Company’s Belly Buds product and an MP3 player or other
appropriate audio device.

F. Sign-In Credentials.

You agree to: (1) keep your password secure and confidential; (2) not permit others to use your
account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise
transferring your account to another party; and (5) refrain from charging anyone for access to any
portion of the VoiceShareTM service, or any information therein. Further, you are responsible for
anything that happens through your account until you close down your account or prove that your
account security was compromised due to no fault of your own.

G. Indemnification.

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited
to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations,
caused by (1) your failure to comply with this Agreement, including, without limitation, your
submission of content that violates third party rights or applicable laws, (2) any content you submit to
the Company, and (3) any activity in which you engage on or through the Company’s website or the
VoiceShareTM service.

H. Payment.

If you purchase any services that we offer for a fee, either on a one-time or subscription basis
(“Premium Services”), you agree to the Company storing your payment card information. You also
agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees
for premium accounts) as they become due plus all related taxes, and to reimburse us for all
collection costs and interest for any overdue amounts. Your obligation to pay fees continues through
the date you cancel your subscription to the Premium Services. All fees and charges are
nonrefundable and there are no refunds or credits for partially used periods. You also acknowledge
that Company’s Premium Services are subject to this Agreement and any additional terms related to
the provision of the Premium Service.

I. Notifications and Service Messages.

For purposes of service messages and notices about the Services to you, notice shall consist of an
email from the Company to an email address associated with your account, even if we have other
contact information. You also agree that the Company may communicate with you through your
Company account or through other means including email, mobile number, telephone, or delivery
services including the US Postal Service about your Company account or services associated with
the Company. You acknowledge and agree that we shall have no liability associated with or arising
from your failure to do so maintain accurate contact or other information, including, but not limited to,
your failure to receive critical information about the Services.

J. Privacy.

You should carefully read our full Privacy Policy before deciding to become a User as it governs our
treatment of any information, including personally identifiable information you submit to us. You
acknowledge that your submission of any information, statements, data, and content to us is
voluntary on your part.

3. YOUR RIGHTS.

On the condition that you comply with all your obligations under this Agreement, we grant you a limited,
revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available
web browser or mobile device or application, and use the VoiceShareTM service in accordance with this
Agreement. Any other use contrary to the purpose of the VoiceShareTM service (such as seeking to send
or receive an MP3 to or from someone you do not know or who does not know you) is strictly prohibited
and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including,
without limitation, title, ownership, intellectual property rights, and all other rights and interest in the
VoiceShareTM service and all related items.

4. OUR RIGHTS AND OBLIGATIONS.

A. Services Availability.

We allow you to access the VoiceShareTM service as it may exist and be available on any given day
and have no other obligations, except as expressly stated in this Agreement. We may modify,
replace, refuse access to, suspend or discontinue the service, partially or entirely, or change and
modify prices for all or part of the Services in our sole discretion. All of these changes shall be
effective upon their posting on our site or by direct communication to you unless otherwise noted.
The Company further reserves the right to withhold, remove and or discard any Submissions or other
content available as part of your account, with or without notice. For avoidance of doubt, Company
has no obligation to store, maintain or provide you a copy of any Submissions or other content that
you or other Users provide when using the Services.

B. Disclosure of User Information.

You acknowledge, consent and agree that we may access, preserve, and disclose your registration
and any other information you provide if required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal
process, including but not limited to civil and criminal subpoenas, court orders or other compulsory
disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third
parties, whether or not the third party is a User, individual, or government agency; (4) respond to
customer service inquiries; or (5) protect the rights, property, or personal safety of the Company, our
Users or the public.

C. Connections and Interactions with other Users.

You are solely responsible for your interactions with other Users. Company may limit the number of
connections you may have to other Users and may, in certain circumstances, prohibit you from
contacting other Users through use of the Services or otherwise limit your use of the Services.
Company reserves the right, but has no obligation, to monitor disputes between you and other Users
and to restrict, suspend, or close your account if Company determines, in our sole discretion, that
doing so is necessary or appropriate to enforce this Agreement.

5. DISCLAIMER.

THE CONTENTS OF THIS SECTION APPLIES TO YOU TO THE FULLEST EXTENT ALLOWED BY
APPLICABLE LAW.
WE PROVIDE THE SERVICES AND RELATED INFRASTRUCTURE AND INFORMATION ON AN “AS
IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR
REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL
IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE COMPANY OR ANYTHING
RELATED TO THE COMPANY, YOU MAY CLOSE YOUR COMPANY ACCOUNT AND TERMINATE
THIS AGREEMENT (“TERMINATION”), AND SUCH TERMINATION SHALL BE YOUR SOLE AND
EXCLUSIVE REMEDY.
THE COMPANY IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTATIONS OR
WARRANTIES REGARDING, THE DELIVERY OF ANY MESSAGES OR SUBMISSIONS SENT USING
THE VOICESHARE SERVICE OR THE RECEIPT IN AN UNALTERED AND PLAYABLE STATE OF ANY
SUBMISSION SENT USING THE VOICESHARE SERVICE. IN ADDITION, WE NEITHER WARRANT
NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD
PARTIES.
THE COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS
REGISTERING TO USE THE VOICESHARE SERVICE, NOR DOES IT HAVE ANY OBLIGATION TO
MONITOR THE USE OF ITS VOICESHARE SERVICE BY ANY USER; THEREFORE, THE COMPANY
DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR
INFORMATION OR THE MISUSE OR THEFT OF THE IDENTITY OR INFORMATION OF ANY OTHER
USER.
THE COMPANY DOES NOT GUARANTEE THAT THE VOICESHARE SERVICE WILL BE AVAILABLE
WITHOUT INTERRUPTION OR WITHOUT ERRORS. IN PARTICULAR, THE OPERATION OF THE
VOICESHARE SERVICE MAY BE INTERRUPTED OR DELAYED DUE TO MAINTENANCE, UPDATES,
OR SYSTEM OR NETWORK FAILURES OR LIMITATIONS. THE COMPANY DISCLAIMS ALL LIABILITY
FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION, DELAY, OR ERROR. FURTHERMORE,
THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTION, IMPOSSIBILITY OF ACCESS,
POOR USE CONDITIONS OF THE COMPANY’S WEBSITE, OR ANY OTHER REASON.

6. LIMITATION OF LIABILITY.

THE CONTENTS OF THIS SECTION APPLIES TO YOU TO THE FULLEST EXTENT ALLOWED BY
APPLICABLE LAW.
Neither the Company nor any of our members, managers, employees, or representatives (“Company
Affiliates”) shall be liable for (a) any damages in excess of five times the most recent monthly fee that you
paid for a Premium Service, if any, or US $10, whichever amount is greater, or (b) any special, incidental,
indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third
person arising from or related to your use of the VoiceShareTM service or the Company’s website. This
limitation of liability shall:

A. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal
theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited
remedies provided in this section fail of their essential purpose; and

B. Not apply to any damage that the Company may cause you intentionally or knowingly in
violation of this Agreement or applicable law or by its gross negligence, or as otherwise mandated by
applicable law that cannot be enforceably disclaimed in this Agreement.

C. Not apply if you have entered into a separate agreement to purchase Premium Services with a
separate Limitation of Liability provision that supersedes this section in relation to those Premium
Services.

7. TERMINATION.

A. Mutual rights of termination.

You may terminate this Agreement, for any or no reason, at any time, with notice to the Company.
This notice will be effective upon the Company processing your notice. The Company may terminate
the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall
be effective immediately or as may be specified in the notice.

B. Misuse of the Services.

While the Company may terminate this Agreement for no reason at all, Company is more likely to
restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse
of the Services includes attempting to communicate with other Users you do not know or who do not
know you; abusing the Company messaging services; creating multiple or false profiles; using the
Services commercially, infringing any intellectual property rights, or any other behavior that the
Company, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the
foregoing, Company has adopted a policy of terminating accounts of Users who, in Company’s sole
discretion, are deemed to be repeat infringers under the United States Copyright Act.

C. Effect of Termination.

Upon the termination of your Company account, you lose access to the Services. In addition,
Company may block access to the Services from an IP address or range of IP addresses associated
with those of terminated Users.

8. CALIFORNIA LAW.

A. Choice of Law.

Except for any Disputes relating to intellectual property rights, obligations or any infringement claims,
any disputes with Company arising out of or relating to the Agreement (“Disputes”) shall be governed
by California law regardless of your country of origin or where you access the VoiceShareTM service,
and notwithstanding of any conflicts of law principles.

B. Jurisdiction and Venue.

Any litigation under this Agreement shall be brought in the state courts of Los Angeles County,
California or in the United States District Court for the Central District of California. By accepting
these Terms of Service you hereby expressly agree to submit to the jurisdiction and venue of any of
those courts.

9. GENERAL TERMS.

A. Severability.

If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void, or
unenforceable, the unenforceable provision will be modified so as to render it enforceable and
effective to the maximum extent possible in order to effect the intention of the provision; and if a court
finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and
enforceability of the remaining provisions of this Agreement will not be affected in any way.

B. Notices.

In addition to Section 2.i. (“Notices and Service Messages”), we may notify you via postings on

www.bellybuds.com. You may contact us via email at:

legal@bellybuds.com

Or via mail or courier at:

Belly Buds LLC

ATTN: Legal Department

6230A Wilshire Blvd., Suite 1168

Los Angeles, CA 90048-5126

Any notices that you provide without compliance with this section on Notices shall have no legal
effect.

C. Entire Agreement.

You agree that this Agreement constitutes the entire, complete and exclusive agreement between
you and us regarding the Services and supersedes all prior agreements and understandings, whether
written or oral, or whether established by custom, practice, policy or precedent, with respect to the
subject matter of this Agreement. You also may be subject to additional terms and conditions that
may apply when you use or purchase other of the Company’s services or products.

D. Amendments to this Agreement.

We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon
posting at www.bellybuds.com or notifying you otherwise. If you do not want to agree to changes to
the Agreement, you can terminate the Agreement at any time per Section 7 (Termination).

E. No informal waivers, agreements or representations.

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right
to act with respect to that breach or subsequent similar or other breaches. Except as expressly and
specifically contemplated by the Agreement, no representations, statements, consents, waivers or
other acts or omissions by any Company Affiliate shall be deemed legally binding on the Company or
any Company Affiliate, unless documented in a physical writing hand signed by at least two duly
appointed managers of the Company.

F. Assignment and Delegation.

You may not assign or delegate any rights or obligations under the Agreement. Any purported
assignment and delegation shall be ineffective. We may freely assign or delegate all rights and
obligations under the Agreement, fully or partially without notice to you.