Skip to content
FREE SHIPPING ON ORDERS OVER $99. SHOP NOW

News

You Can Do Hard Things: What a Broken Axe Taught One Mother About Modeling Resilience for Her Children

by Baby Kid Squad 16 Jun 2026

Table of Contents

  1. Key Highlights
  2. Introduction
  3. When a broken axe became a lesson in resilience
  4. What children learn by watching: observational learning and emotional modeling
  5. From outburst to repair: how parents' reactions shape children's response to failure
  6. Concrete habits to build grit and persistence at home
  7. Limits and cautions: temperament, trauma, and cultural differences
  8. Real-world examples: bikes, swimming, school, and the workplace
  9. Moving forward: practical commitments that change family narratives
  10. FAQ

Key Highlights

  • A single backyard misstep—an axe handle splitting mid-swing—became a vivid lesson in how parents’ reactions to failure shape children’s beliefs about effort, competence, and persistence.
  • Research on observational learning, growth mindset, and emotion coaching shows deliberate parental modeling and repair after emotional outbursts produce greater resilience in children than praise or avoidance alone.

Introduction

A quiet December afternoon. A husband fells logs with practiced, rhythmic swings while two children sit in camping chairs and watch. A petite woman, more familiar with yoga than heavy lifting, decides to try. Her first strike embeds the axe in the log; the next splits the wood. The third swing ends with a broken handle, a flash of pain, and an immediate avalanche of self-recriminating words: “I’m so stupid… I’m never doing that again!”

That moment—caught between physical pain and public embarrassment, in front of children whose eyes are fixed on her—captures a common parenting crossroads. How a parent reacts when they fail matters as much as what adults tell children about trying. The scene in Kim Lilley’s essay is an ordinary domestic fragment that illuminates a larger, research-supported truth: children learn resilience primarily by watching the adults around them. Their internal scripts for confronting difficulty are composed not from speeches or platitudes but from real-time demonstrations of frustration, recovery, and repair.

This article uses Lilley’s experience as a starting point to examine the psychological mechanisms behind modeling, the consequences of different parental responses, and actionable strategies families can use to cultivate genuine grit and emotional regulation. It combines the personal resonance of a lived moment with evidence from developmental psychology and practical guidance for caregivers who want to raise children who can meet difficulty without surrendering to shame or avoidance.

When a broken axe became a lesson in resilience

A broken axe handle is a small, concrete object. It is also a catalytic event: something that halts the flow of a task, exposes vulnerability, and raises a choice about what comes next. In Lilley’s story, the broken handle triggers an immediate emotional reaction—shame and anger—that slips into public language. Her self-directed tirade (“I’m so stupid…”) is raw, authentic, and, crucially, visible to her children.

That visibility makes the moment pedagogical. Children do not receive explicit instructions about facing challenges as much as they absorb cues about how to interpret them. Lilley recognizes this; she knows her seven-year-old watches how adults behave and internalizes both the skill on display and the emotional grammar of confronting a setback. Her husband’s steady encouragement to try again, and his practical intervention (offering a spare axe after an ice pack), models a different set of responses: normalization of failure, continued engagement, and quiet confidence.

Two dynamics are at play. First, the physical sequence—attempt, partial success, mishap, pain, and retry—maps a realistic arc of learning. Many skill trajectories include early stumbles and broken tools; resilience requires persistence beyond those inflection points. Second, the emotional choreography following the mishap matters as much as the physical recovery. Lilley’s initial outburst could become a template for avoidance in her child (“When I’m frustrated, I quit and criticize myself”). The corrective comes in the repair: the parent who acknowledges hurt, uses practical measures (ice), articulates intention (“You have to try again after you ice your hand”), and offers a role model who returns to the task despite pain.

That repair—both interpersonal and intrapersonal—transforms the event from a cautionary tale into a lesson in perseverance. It also reframes failure as data rather than destiny: an awkward, sometimes painful, but surmountable stage in the learning process. The stakes are not only about mastering axe-wielding or swimming without a life jacket; they extend to how children learn to approach school, relationships, and later workplace challenges.

What children learn by watching: observational learning and emotional modeling

Children acquire much of their behavioral repertoire through observation. Albert Bandura’s social learning theory, developed in the 1960s, established that people learn new behaviors by observing others and imitating those behaviors if they appear effective or rewarded. Bandura’s classic experiments showed that children who watched adults model aggressive or prosocial actions were more likely to replicate those actions. The same principle applies to responses to difficulty.

Observational learning operates on two levels when children watch parents confront setbacks:

  1. Behavioral mechanics: the physical steps needed to solve a problem—how to tighten a knot, balance on a bike, or steady an axe swing.
  2. Emotional strategy: how to interpret and regulate the internal experience of frustration, fear, and embarrassment.

The emotional strategy is often more consequential. A parent who grimaces, curses, and quits teaches that mistakes are a signal to withdraw. A parent who shows pain, breathes, seeks help, apologizes for an outburst, and returns to the task teaches a sequence of emotion regulation and repair.

Growth mindset research further clarifies these dynamics. Carol Dweck’s work demonstrates that the messages children internalize about ability—whether fixed or malleable—shape their persistence. Praising effort and process (rather than innate talent) tends to encourage persistence and risk-taking. A landmark study by Mueller and Dweck (1998) found children praised for effort were more likely to choose challenging tasks afterward than those praised for intelligence. Observational cues from parents function similarly to direct praise. If children repeatedly see adults attribute success and failure to effort, strategy, and practice, they are more likely to adopt a process-oriented mindset.

Beyond mindset, emotion coaching—an approach popularized by John Gottman—focuses on how parents name and validate emotions, helping children understand and manage them rather than suppress or be swept away by them. When a parent labels their own emotions (“That really hurt; I felt angry and embarrassed for a minute”), they give children vocabulary and a model for processing strong feelings. Conversely, shaming or minimizing an emotional reaction (“Don’t be dramatic”) teaches children to hide distress, which impedes the development of healthy coping strategies.

Taken together, Bandura’s observational learning, Dweck’s mindset work, and Gottman’s emotion coaching form an evidence-based tripod. Children learn both the practical steps for solving problems and the emotional scaffolding that keeps them engaged in the face of difficulty. Lilley’s story is a microexample: her frustration and repair broadcast a set of signals that will shape her child’s approach to hard things.

From outburst to repair: how parents' reactions shape children's response to failure

An emotional outburst is not inherently catastrophic. What determines its long-term impact is the follow-up. Psychologists distinguish between patterns of punitive correction, dismissive minimization, and constructive repair. Each approach inculcates different lessons.

  • Punitive correction: Responding to failure with harsh self-condemnation models shame and self-blame. Children internalize the message that mistakes reflect unworthiness rather than an opportunity to learn.
  • Dismissive minimization: Brushing off strong feelings communicates that emotions are unacceptable. Children who are taught to “just get over it” often develop alexithymia (difficulty identifying and describing feelings) or express distress indirectly through behavior.
  • Constructive repair: Acknowledging the outburst, taking responsibility if necessary, and modeling a course of action to move forward teaches accountability, emotional literacy, and persistence.

Repair plays out in concrete steps. A parent who loses composure can explicitly name the behavior and make a short, sincere apology: “I said some harsh things just now. I was frustrated, and I’m sorry you had to hear that.” This short exchange does two things: it models humility and shows that adults can be imperfect but still accountable. Children absorb both the apology and the implied message that mistakes in behavior—like mistakes in skills—can be fixed.

Neuroscience supports the idea that early experiences of emotional regulation shape the developing brain’s stress response. Chronic exposure to unregulated anger or shame can sensitize neural circuits, making it harder for children to remain curious and open to challenge. Repair reduces that chronicity. When children see that an intense reaction is followed by repair and calm, their internal threat systems recalibrate: the world feels safer for taking risks.

Lilley’s husband, in the anecdote, provides a model of soothing without dismissiveness. He acknowledges the pain, offers practical help (ice, spare axe), and encourages a retry. That iteration—acknowledgment followed by calm encouragement—signals to the child that effort is valued more than perfect performance. The parent does not erase the difficulty; they reframe it as part of the path forward.

Concrete habits to build grit and persistence at home

Modeling is necessary but not sufficient. Parents and caregivers can take intentional steps to turn teachable moments into durable habits. Below are practical strategies that align with developmental science and can be applied across ages.

  1. Narrate the process aloud
    • When you attempt a difficult task, talk through what you’re doing and why. “I’m going to try the middle of the log—if it sends a crack, I’ll hit there again.” Narration provides cognitive scaffolding and demonstrates strategy.
  2. Name emotions and validate
    • Use short, specific labels: “That hurt. I felt embarrassed for a moment.” Validation looks like: “It makes sense you’d feel that way.” Validation does not mean agreement with destructive behavior; it simply legitimizes the feeling and models regulation.
  3. Model small, visible failures with repair
    • Deliberately let your child see you make a small mistake and then fix it. The mistake should be low-risk. For example, mispronounce a word, laugh at yourself, correct it, and note how you learned. Make the repair public and simple: “I missed that step. I’ll try again.”
  4. Praise effort, strategy, and improvement
    • Replace generic praise of ability (“You’re so smart”) with process-focused language: “You kept going even when it was tricky. That focus helped you split the log.” Point to strategies (“You found the crack and aimed there”) rather than innate attributes.
  5. Scaffold risk-taking with graduated challenges
    • Break tasks into manageable steps. For a child afraid of swimming, start with blowing bubbles, then moving feet, then short submersions, each step building confidence. Celebrate each incremental gain.
  6. Teach problem-solving scripts
    • Provide a mental checklist children can use when they hit a snag: Pause, breathe, name the emotion, identify one small next step. Practice this script with role-play so it becomes procedural.
  7. Normalize the learning curve
    • Use stories from your life or well-known public figures to demonstrate that success often follows repeated failures. Mention examples that resonate with your child’s interests (athletes, musicians, inventors).
  8. Use repair after your own outbursts
    • If you lose your temper, apologize succinctly and model a remediation plan: “I shouldn’t have yelled. Let’s take a minute. When I’m calmer, I’ll show you how I’ll try again.” Avoid long moralizing explanations; children need the concrete demonstration that harm can be repaired.
  9. Encourage reflection
    • After an attempt, ask curiosity-driven questions: “What worked? What would you try differently?” These questions shift focus from judgment to learning.
  10. Provide consistent exposure to manageable stressors
    • Growth requires practice with discomfort. Allow opportunities—age-appropriate and safe—for children to experience hard things, such as household chores, competitive activities, or public performance, with your support.

Example scripts for different ages

  • Preschool (3–5): “That fell down. You tried. Let’s try putting it back together. I’ll help.” Keep language simple and immediate.
  • Early elementary (6–8): “You got stuck there. What do you want to try next: try again the same way, or change your angle?” Offer two clear options to build decision-making.
  • Tweens and teens: “I saw you get frustrated and walk away. How do you want to handle that next time? Want me to help you plan one step to try first?” Respect for autonomy is crucial at this stage.

Safety, competence, and confidence

When encouraging physical risk—using tools, learning to swim, climbing—safety must be primary. Scaffold physical skills with proper equipment, instruction, and adult supervision. Confidence follows competence; competence follows deliberate practice. The goal is not reckless bravery but measured resilience.

Role of deliberate practice

Angela Duckworth’s concept of grit emphasizes sustained passion and perseverance toward long-term goals. Deliberate practice—focused, goal-oriented repetition with feedback—builds competence and a sense of mastery. Structure opportunities for deliberate practice: schedule short, consistent sessions that target specific improvements and include feedback that points to what changed.

Micro-habits that make resilience routine

  • Failure reframing ritual: After a setback, together name one thing that went well and one small tweak to try next time.
  • Recovery pause: Teach a physical calming routine (deep breathing, 5-count inhale/exhale) to use when frustration builds.
  • Celebration of repair: When a child returns to a task after a failed attempt, mark that return with a small acknowledgement (“You came back—that was brave”).

Limits and cautions: temperament, trauma, and cultural differences

Not all children respond to the same strategies, and resilience is not a universal prescription detached from context. Temperament, prior experiences, and cultural backgrounds shape how children perceive and recover from failure.

  • Temperament: Some children are naturally more sensitive to stress. Highly reactive children may require additional time, stronger scaffolding, and explicit emotion regulation training before being asked to re-engage with a challenging task. Pushing too hard too soon can exacerbate anxiety and avoidance.
  • Trauma and adversity: Children who have experienced trauma or chronic stress have altered stress-response systems that make exposure to challenge more fraught. For these children, resilience-building must be trauma-informed: safe predictability, choice, and a strong emphasis on repair and co-regulation are critical. Professional guidance may be necessary.
  • Cultural differences: Concepts of independence and persistence vary across cultures. Some cultures value interdependence and collective problem-solving more than individual grit. That does not preclude resilience-building; it reframes it through communal support and shared responsibility. Tailor strategies to family values.
  • Avoiding toxic positivity: Insisting that children “just be positive” or wrapping failure in empty platitudes undermines emotional truth. Authenticity—acknowledging difficulty while encouraging return—is the corrective.

Balancing support and challenge

The concept of the “zone of proximal development” (Vygotsky) highlights the balance between what a learner can do alone and what they can do with support. Effective parenting places tasks in that zone—challenging but achievable with scaffolding. This balance prevents both under-stimulation and overwhelming stress.

Real-world examples: bikes, swimming, school, and the workplace

Small domestic stories scale up to broader arenas. Consider three common developmental domains where modeling resilience matters.

Learning to ride a bike

  • The pattern is familiar: skinned knees, frustration, initial refusal, and eventual mastery. Parents who narrate strategy (“Let’s find your balance point”), validate feelings (“That fall smarted—of course you were mad”), and model steady persistence (getting back on the bike alongside the child) produce riders who are more likely to attempt new skills later in life. Allowing the child to set small, incremental goals—glide for three seconds, then five, then ten—creates a scaffolded challenge sequence.

Learning to swim

  • For some children, fear of water is visceral. The child’s life jacket becomes a psychological anchor as much as a safety device. Here, the adult’s role is not just technical instruction but emotional pacing—slowly increasing exposure while modeling calm behavior. Lilley’s daughter finally learned to swim underwater after observing a younger child; peers and sibling models can have powerful effects. Swimming lessons that emphasize process and normalize repeated practice lead to more durable confidence than forced immersion.

School setbacks

  • A low grade on a test offers a teachable moment. Parents who respond with curiosity (“What do you think made this hard?”) and offer concrete supports (study plan, tutor, rework assignment) teach problem-solving. Parents who react with shame or overprotection can inadvertently teach avoidance or reliance on external fixes.

Workplace resilience

  • The lessons translate into adulthood. Employees who have seen adults model constructive responses to setback are likelier to seek feedback, iterate on strategies, and accept growth-oriented criticism. Leaders who publicly acknowledge their learning curves and invite collaborative problem-solving cultivate teams that view failure as information, not indictment.

Cross-generational effects

  • Modeling resilience paints cognitive and emotional pathways that persist. A parent who normalizes error and models repair sets up intergenerational patterns: children who become parents themselves are more likely to repeat those patterns. Small domestic moments—like an axe mishap in the yard—accumulate into cultural norms within families.

Moving forward: practical commitments that change family narratives

Every family encounters an axe-that-breaks moment. The critical choice is what narrative follows. That narrative can normalize hidden rules—how we speak about mistakes, whether we model repair, and how we celebrate return to effort. Commitments that change family narratives are small, consistent, and explicit.

  • Make visible the rule “Try again” as a household ethos. Not as a slogan but as a practice: when any family member falters, follow a short, consistent script (pause, validate, plan, retry).
  • Establish a repair ritual. When an adult loses composure, the apology and brief plan should be the norm. Ritualizing repair reduces shame and models responsibility.
  • Create regular opportunities for low-stakes failure. Board games with unpredictable outcomes, cooking experiments, and household DIY projects provide safe arenas for risk-taking.
  • Document small wins. Keep a family notebook where each person writes one moment they tried something hard and what they learned. Revisit entries to see progress.
  • Model learning publicly. Let your child watch you practice a new skill over time; show early failures so the arc of improvement is visible.

The point is not to eliminate pain but to make pain useful. When a child sees an adult return to a task with curiosity and plan, they internalize a durable lesson: difficulty is surmountable.

FAQ

Q: My child gets overwhelmed and shuts down when facing difficulty. What should I do first? A: Start with emotion regulation and co-regulation. When a child shuts down, focus on soothing and safety before problem-solving. Use a calm voice, reduce sensory stimulation, and offer brief physical comfort if the child welcomes it. Once calm, label the emotion and practice a simple regulation routine (deep breaths, counting, or a short walk). Only then invite them to identify a tiny next step—something achievable that reintroduces agency.

Q: How can I model resilience without forcing my child into uncomfortable situations they aren’t ready for? A: Use graded exposure and choice. Offer a menu of options that increase slightly in difficulty and let the child choose. Scaffold each step and ensure the child can decline. Over time, increase the challenge gradually. Emphasize that choosing not to try right now is acceptable; the focus is on voluntary engagement, not coercion.

Q: If I lose my temper, how do I apologize in a way that helps rather than shames? A: Keep the apology brief, specific, and action-oriented. Example: “I yelled when I was frustrated. That wasn’t fair to you. I’m sorry. I’m going to take a minute to calm down and then we’ll talk about a different way to handle it.” Avoid over-apologizing or making excuses. The goal is modeling accountability and naming a concrete next step for repair.

Q: Are there age-appropriate ways to teach kids that “you can do hard things”? A: Yes. For preschoolers, use simple language and immediate practice: try again in small increments and celebrate attempts. For school-age children, introduce problem-solving scripts and reflection questions (“What would you try differently?”). For adolescents, focus on autonomy: ask them to set their own process goals and reflect on setbacks as data. Across ages, maintain consistent emotion language and celebrate returns to effort.

Q: How do I praise effort without discouraging a child who genuinely struggles despite trying? A: Pair praise of effort with realistic acknowledgment and strategy coaching. Instead of just saying “Good job, you tried,” add “You worked hard, and I noticed this strategy helped. Next time, let’s try adjusting X.” This communicates that effort matters, but strategy and guidance are also essential. If a child struggles despite repeated effort, consider alternative approaches (tutoring, expert instruction, different practice formats) rather than implying the problem is solely individual perseverance.

Q: Can teasing or sibling competition build resilience? A: Healthy competition and teasing within respectful boundaries can motivate some children. However, persistent criticism, humiliation, or exclusion undermines confidence and potentiates avoidance. Monitor sibling dynamics: encourage playful rivalry but intervene when teasing becomes mean-spirited. Use competition as an opportunity to model good sportsmanship and perspective-taking.

Q: What role do schools play in shaping resilience? A: Schools shape norms about failure through classroom culture, grading practices, and how teachers respond to mistakes. Classrooms that encourage revision, value process, and allow formative assessments foster resilience. Parents can partner with teachers by asking about growth-oriented practices and reinforcing those at home.

Q: How do cultural values influence how we encourage persistence? A: Cultural norms shape which behaviors are modeled and rewarded. Some cultures prize independence and individual achievement; others emphasize communal support and humility. Recognize and respect family cultural values and adapt resilience-building strategies accordingly. Emphasize the shared human skill of constructive response to setbacks rather than imposing a single cultural script.

Q: My child is anxious about trying new things. Is building resilience the right approach? A: Yes, but it must be anxiety-informed. For anxious children, build predictability, practice in small steps, and pair exposure with coping tools. Cognitive strategies (reframing catastrophic thoughts) and behavioral techniques (systematic desensitization) help. If anxiety is severe, consult a mental health professional for targeted treatment.

Q: What if my own history makes it hard to model calm and repair? A: Recognize that becoming a different model is a growth process. Start with small, intentional practices: narrate your efforts, apologize when you falter, and create recovery rituals. Seek support—therapy, parenting groups, or trusted friends—who can help you process and change intergenerational patterns. Transparency with children (age-appropriate) about your own learning journey can itself be a powerful model.

Q: How soon do these modeling habits show results? A: Change is cumulative. You may see small behavioral shifts—more willingness to reattempt tasks or less dramatic shutdown—in weeks. More durable shifts in mindset and stress response emerge over months and years through consistent practice. The key is persistence and authenticity; children detect performative attempts, so focus on honest, incremental change.

Q: Are there specific routines that make repair more likely when someone loses their temper? A: Yes. Create a household plan: short pause (cooling-off period), a brief apology, and a concrete restorative action (e.g., a hug, a chore to help, or a conversation about better next steps). Keep the ritual simple, consistent, and predictable so all family members learn to expect repair.

Q: How does praise for results affect resilience? A: Exclusive praise for results can create fear of failure and reluctance to try challenging tasks. Balance outcome-focused recognition with process praise. Celebrate perseverance, creativity, and strategy as much as final success. Over time, children value learning trajectories over static outcomes.

Q: Can modeling resilience backfire? A: Modeling resilience that ignores legitimate emotional cues or forces a child into risk can backfire. Also, models that equate toughness with not seeking help may teach harmful stoicism. Balance resilience with vulnerability and emphasize help-seeking as a sign of strategic strength.


When Kim Lilley lifted the spare axe and swung again, the moment did more than split a log. It rewired a story in front of her children: frustration followed by apology, care, calm, and a renewed attempt. Those are the elements that build a quiet, durable confidence—one that prepares children not only for backyard chores but for the inevitable challenges that shape adult life. Small, visible practices of repair and persistence accumulate into family norms that yield resilient children and adults. The broken handle becomes less an accident than an education in how to meet pain, recover, and keep swinging.

930 x 520px

SPRING SUMMER LOOKBOOK

Sample Block Quote

Praesent vestibulum congue tellus at fringilla. Curabitur vitae semper sem, eu convallis est. Cras felis nunc commodo eu convallis vitae interdum non nisl. Maecenas ac est sit amet augue pharetra convallis.

Sample Paragraph Text

Praesent vestibulum congue tellus at fringilla. Curabitur vitae semper sem, eu convallis est. Cras felis nunc commodo eu convallis vitae interdum non nisl. Maecenas ac est sit amet augue pharetra convallis nec danos dui. Cras suscipit quam et turpis eleifend vitae malesuada magna congue. Damus id ullamcorper neque. Sed vitae mi a mi pretium aliquet ac sed elitos. Pellentesque nulla eros accumsan quis justo at tincidunt lobortis deli denimes, suspendisse vestibulum lectus in lectus volutpate.
Prev Post
Next Post

Thanks for subscribing!

This email has been registered!

Shop the look

Choose Options

Baby Kid Squad
Sign Up for exclusive updates, new arrivals & insider only discounts

Recently Viewed

Social

Edit Option
Back In Stock Notification
Terms & Conditions

Terms of Service:

The following terms and conditions govern all use of the babykidstore.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Baby Kid Store ("Baby Kid Store"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained here in and all other operating rules, policies (including, without limitation, Baby Kid Store Privacy Policy) and procedures that may be published from time to time on this Site by Baby Kid Store (collectively, the "Agreement"). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Baby Kid Store, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
  1. Your babykidstore.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Baby Kid Store may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Baby Kid Store liability. You must immediately notify Baby Kid Store of any unauthorized uses of your blog, your account or any other breaches of security. Baby Kid Store will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Baby Kid Store or otherwise.
    By submitting Content to Baby Kid Store for inclusion on your Website, you grant Baby Kid Store a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Baby Kid Store will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Baby Kid Store has the right (though not the obligation) to, in Baby Kid Store sole discretion (i) refuse or remove any content that, in Baby Kid Store reasonable opinion, violates any Baby Kid Store policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Baby Kid Store sole discretion. Baby Kid Store will have no obligation to provide a refund of any amounts previously paid.
  3. Payment and Renewal.
    • General Terms. By selecting a product or service, you agree to pay Baby Kid Store the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
    • Automatic Renewal. Unless you notify Baby Kid Store before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Baby Kid Store in writing.
  4. Services.
    • Fees; Payment. By signing up for a Services account you agree to pay Baby Kid Store the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Baby Kid Store reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Baby Kid Store.
    • Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Baby Kid Store to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free babykidstore.com services. All support will be provided in accordance with Baby Kid Store standard services practices, procedures and policies.
  5. Responsibility of Website Visitors. Baby Kid Store has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Baby Kid Store does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Baby Kid Store disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which babykidstore.com links, and that link to babykidstore.com. Baby Kid Store does not have any control over those non-Baby Kid Store websites and webpages, and is not responsible for their contents or their use. By linking to a non-Baby Kid Store website or webpage, Baby Kid Store does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Baby Kid Store disclaims any responsibility for any harm resulting from your use of non-Baby Kid Store websites and webpages.
  7. Copyright Infringement and DMCA Policy. As Baby Kid Store asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by babykidstore.com violates your copyright, you are encouraged to notify Baby Kid Store in accordance with Baby Kid Store Digital Millennium Copyright Act ("DMCA") Policy. Baby Kid Store will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Baby Kid Store will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Baby Kid Store or others. In the case of such termination, Baby Kid Store will have no obligation to provide a refund of any amounts previously paid to Baby Kid Store.
  8. Intellectual Property. This Agreement does not transfer from Baby Kid Store to you any Baby Kid Store or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Baby Kid Store. Baby Kid Store, babykidstore.com, the babykidstore.com logo, and all other trademarks, service marks, graphics and logos used in connection with babykidstore.com, or the Website are trademarks or registered trademarks of Baby Kid Store or Baby Kid Store licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Baby Kid Store or third-party trademarks.
  9. Advertisements. Baby Kid Store reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
  10. Attribution. Baby Kid Store reserves the right to display attribution links such as 'Blog at babykidstore.com,' theme author, and font attribution in your blog footer or toolbar.
  11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
  12. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
  13. Changes. Baby Kid Store reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Baby Kid Store may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  14. Termination. Baby Kid Store may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your babykidstore.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Baby Kid Store if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Baby Kid Store notice to you thereof; provided that, Baby Kid Store can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  15. Disclaimer of Warranties. The Website is provided "as is". Baby Kid Store and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Baby Kid Store nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  16. Limitation of Liability. In no event will Baby Kid Store, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Baby Kid Store under this agreement during the twelve (12) month period prior to the cause of action. Baby Kid Store shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Baby Kid Store Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  18. Indemnification. You agree to indemnify and hold harmless Baby Kid Store, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  19. Miscellaneous. This Agreement constitutes the entire agreement between Baby Kid Store and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Baby Kid Store, or by the posting by Baby Kid Store of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Baby Kid Store may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
this is just a warning
Login
Shopping Cart
0 items