TERMS AND CONDITIONS OF WEBSITE USE
Please read these terms and conditions of use carefully before playing in the Virtual World website (the “Website”). This Website is provided by Build-A-Bear Workshop, Inc., and its affiliates, (collectively, "Build-A-Bear Workshop", "we" and “us”). Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
ATTENTION: PLEASE READ ALL OF THE TERMS OF THIS USER AGREEMENT CAREFULLY BEFORE USING THE WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN DO NOT USE THIS WEBSITE. YOU MUST CLICK AND AGREE BELOW TO ENTER THIS WEBSITE:
1. Registration and Your Account
When you enter the Website, you will be asked to register by creating a username which will also serve as the name for the graphical representation of a character in the virtual world (such representation, an "Avatar"). Do not use personal information that can identify who you are when choosing your username. At the time your account is opened, you must also select a password. After providing your username and password, we will also collect answers about you that will help us identify you in case you forget your password in the future. Additionally, we collect your birth month and year, email address, parent’s email address, and gender (collectively the “Registration Data”). You agree that all of the Registration Data that you will provide to Build-A-Bear Workshop is accurate, truthful, and current. You agree that you will not: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that Build-A-Bear Workshop, in its sole discretion, deems offensive or inappropriate. Build-A-Bear Workshop has no obligation to verify the authenticity of any Registration Data, but you authorize Build-A-Bear Workshop, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Data. We reserve the right to terminate any username for any reason. Build-A-Bear Workshop reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. You are solely responsible for maintaining the confidentiality of your Registration Data and password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your account or username.
If you violate these terms and conditions, Build-A-Bear Workshop reserves the right to suspend or delete any or all of your accounts, block your access to this Website, and/or take further legal action as described more fully below. Build-A-Bear Workshop reserves the right to suspend any account that has been inactive for six (6) months or more. If your account has been suspended for inactivity, you may reactivate it. Reactivation may take several minutes.
2. Right to Use this Website
Build-A-Bear Workshop grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to Build-A-Bear Workshop and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of Build-A-Bear Workshop and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Bear Bills™ are non-transferable, do not constitute legal tender, and have nominal value. Build-A-Bear Workshop reserves the right in its sole discretion to add or subtract Bear Bills™ from the user's account without prior notice.
3. Copyrights
All Content is copyrighted, and it is either owned or used with permission by Build-A-Bear Workshop. Build-A-Bear Workshop disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Build-A-Bear Workshop.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
Build-A-Bear Workshop respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.
4. Trademarks
The trademarks, logos, and service marks displayed on this Website are owned by Build-A-Bear Workshop and third parties, and this Website’s trade dress is owned by Build-A-Bear Workshop (collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by Build-A-Bear Workshop are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
5. Build-A-Bear Workshop Rights to Your Submissions
Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to Build-A-Bear Workshop via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Build-A-Bear Workshop will not assume any responsibility, obligation, or liability for them or for the receipt or non-receipt of them by Build-A-Bear Workshop. The receipt by Build-A-Bear Workshop of your Submissions is not an admission by Build-A-Bear Workshop of their novelty, priority, or originality, and it does not impair the right of Build-A-Bear Workshop to contest existing or future intellectual property rights relating to your Submissions.
You grant Build-A-Bear Workshop a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) your Submissions are accurate and, as permitted to be used by Build-A-Bear Workshop in this User Agreement, do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Use Restrictions
You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user’s access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
7. Community Areas; Code of Conduct
Build-A-Bear Workshop may elect to offer community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, Build-A-Bear Workshop will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although Build-A-Bear Workshop reserves the right to do so in its sole discretion. Build-A-Bear Workshop does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to any information or content that you upload or post to this Website, you represent and warrant to Build-A-Bear Workshop that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Website: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).
Build-A-Bear Workshop reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Build-A-Bear Workshop also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Website that violate this User Agreement and to deny access by any user to this Website.
8. Investigations; Cooperation with Law Enforcement; Termination
Build-A-Bear Workshop reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
9. Privacy and Security Measures
Build-A-Bear Workshop must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But Build-A-Bear Workshop respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our sites. Please click here to review our Privacy Policy.
10. Disclaimers and Limitations of Liability
This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BUILD-A-BEAR WORKSHOP DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN BUILD-A-BEAR WORKSHOP WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, BUILD-A-BEAR WORKSHOP WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
11. Links by You to this Website
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with Build-A-Bear Workshop or cause confusion among consumers, (d) the links and related content on your site do not portray Build-A-Bear Workshop or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
12. Links on this Website to and from Other Sites
This Website may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of Build-A-Bear Workshop. Build-A-Bear Workshop has no control over the content of Linked Sites, and Build-A-Bear Workshop does not assume any obligation to review any Linked Sites. Build-A-Bear Workshop does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Build-A-Bear Workshop disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and Build-A-Bear Workshop disclaims all liability in connection therewith.
13. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Build-A-Bear Workshop disclaims all liability in connection with therewith.
14. Procedure for Alleging Copyright Infringement
Build-A-Bear Workshop will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following:
- (i) a legend or subject line that says: "DMCA Copyright Infringement Notice";
- (ii) a description of the copyrighted work that you claim has been infringed;
- (iii) the URL of the site and a description of where the material that you claim is infringing is located on that site;
- (iv) your address, telephone number, and e-mail address;
- (v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
- (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
- (vii) your electronic or physical signature.
Build-A-Bear Workshop will only receive DMCA notices by mail, e-mail, or facsimile at the addresses below:
By Mail:
- Build-A-Bear Workshop, Inc.
- 1954 Innerbelt Business Center Drive
- St. Louis, Missouri 63114
- Attention: Legal Department
By E-Mail:
- VWHelp@buildabear.com
By Facsimile:
- 314.423.8188
Build-A-Bear Workshop may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Build-A-Bear Workshop may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone Build-A-Bear Workshop (toll-free) at 1-877-789-BEAR (2327).
15. Contests
We may offer contests for which we may collect non-personal information (such as first name, age, city and state). If you participate in the contest or send us a question we may also ask for an email address. If we know a visitor is under the age of thirteen, we will require the child give us a parent or guardian email address, so that we can tell the parent or guardian that the child is registered in a contest. If we need more than an email address and first name for the child to participate in the contest, we will notify the parent or guardian, explain what information we need and why we need it, and generally ask that the parent or guardian (not child) provide it. Any information the parent or guardian (or child) gives us in the above special circumstances will be deleted from our database once the contest or program is complete, and after any legally required period for keeping such information is complete. No one will be excluded from this Website for not giving us this information.
16. General Provisions
A. Indemnity
You agree to indemnify, defend, and hold harmless Build-A-Bear Workshop (which includes Build-A-Bear Workshop affiliates) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.
B. Revisions to this Website, User Agreement and Privacy Policy
Build-A-Bear Workshop may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. Build-A-Bear Workshop may also, in its sole discretion, revise this User Agreement or the Privacy Policy by updating or revising such document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
C. Jurisdiction and Venue
Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Build-A-Bear Workshop relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in St. Louis County, Missouri. Accordingly, you consent to the personal jurisdiction of the courts in St. Louis County, Missouri with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Build-A-Bear Workshop to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, Build-A-Bear Workshop operations, and/or Build-A-Bear Workshop products or services caused by your act or failure to act.