Tikatok User Agreement

Revised February 2010

Welcome to Tikatok.com (the "Site").

The terms and conditions stated below, along with the policies and guidelines located throughout the Site (collectively herein the "User Agreement") identify what you, as a user of the Site ("you" or "user") can expect from Tikatok LLC ("Tikatok"), and/or persons who provide products or services to Tikatok customers either directly or through the Site ("Tikatok Providers") and what Tikatok in turn expects from users. By visiting any area on the Site, creating an account, or creating a story or book (all of the foregoing are sometimes referred to in this document as the "Tikatok Services"), a user is deemed to have accepted the User Agreement. If you do not agree to be bound by this User Agreement and to follow all applicable laws, you should leave the Site immediately.

Registration and your account
Age of Users
Termination of Usage
Ownership of Intellectual Property and Restrictions on Use of Materials
Ownership of Submissions
Use of the Site
Indemnity
Password and Account Security
Notices
Disclaimers and Limitation of Liability
Special Provisions Relating to Use of the Build-A-Bear Workshop™ Landing
Applicable Law; Jurisdiction
Digital Millenium Copyright Act
Modification

I. Registration and Your Account

To create an account on the Site, you must be at least 13 years old and will need to provide your first and last name, a username, password, date of birth and valid email address by which we may contact you. Your username and password should not contain personal information such as your real name.

You have the right to cancel your account at any time. Cancellation of your account will automatically cancel any account that is associated with your account. For example, the cancellation of a parent's or legal guardian's account will cancel any child's account associated with that parent or legal guardian account. When an account is canceled, the account is removed from the Site along with all associated accounts and books that have been created as part of those accounts.

NOTE: For clarity, this User Agreement also applies to the Tikatok Classroom Program, specifically to Teachers who are creating Tikatok accounts for their students.

II. Age of Users

Individuals under the age of 13 ("Minors") are not allowed to create an account on the Site. Neither the Site nor Tikatok knowingly collects or solicits personal information from Minors or knowingly allows Minors to register for an online account or provide personal information on the Site. Should we learn that a Minor has created an account on the Site, that Minor's account and any content they may have created will be removed.

For those users who decide to create an account for their child, please note that Tikatok will not ask you your child to provide any personal information. At the same time, because the Site will allow your child to create a book, it is possible that your child might inadvertently disclose personal information (e.g., their name, their address, or their telephone number) in the content of that book. Although Tikatok may take steps to monitor the content of books authored by children to identify personal information, and may take steps to remove any information that is identified, it is possible that Tikatok may not identify or remove the information that your child inadvertently submits. In such an event, you agree that consistent with Tikatok's Privacy Policy, Tikatok may collect any such information inadvertently submitted by your child.

III. Termination of Usage

Tikatok may issue a warning, temporarily suspend, indefinitely suspend or terminate any user's right to use or access all or any part of the Site including any account thereon, without notice, for any reason in Tikatok's sole discretion, including without limitation violation of this User Agreement, Tikatok's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Tikatok or another user.

In certain cases, in Tikatok's sole discretion, Tikatok may provide written notice (a "Restriction Notice") to a user (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Site has been terminated including the right to use, access or create any account thereon; (ii) that Tikatok refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

IV. Ownership of Intellectual Property and Restrictions on Use of Materials

All materials provided by Tikatok and contained on the Site, including, without limitation, Software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, StorySparks, text templates, graphic templates, layout templates, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress, patents and other intellectual property rights therein, are the property of Tikatok, third party licensors and/or other owners (collectively the "Tikatok Materials"), and are protected, without limitation, by U.S., Canadian and other foreign copyright, trademark, patent and other intellectual property laws. For purposes of this User Agreement, the use of any Tikatok Materials on any other website or networked computer environment is prohibited. You are hereby granted a limited, personal, revocable, non-exclusive, non-transferable license to display the Tikatok Materials for non-commercial purposes only on your own computer, provided that this license is limited to the display of the Tikatok Materials in their entirety, including but not limited to, visual elements such as advertisements that may adjoin content. Any attempts to access the Tikatok Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not make any modifications to any Tikatok Materials.

If you download any available software or other materials from the Site, the software or materials, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you for your personal, non-commercial home use pursuant to a limited, personal, revocable, non-exclusive, non-transferable license. Tikatok retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

V. Ownership of Submissions

Certain areas of the Site will permit you to send materials to Tikatok such as stories and drawings. All worldwide right, title and interest in and to any such original creations, ideas, concepts, notes, drafts, stories, artwork, drawings, testimonials, photographs or other information of any nature (collectively, the "Submissions"), submitted by a user to the Site shall, as between Tikatok and the submitting user, be deemed to belong to, and shall remain with the submitting user . Without limiting the foregoing, by sending in any Submissions, the submitting user grants, or represents and warrants that the owner or authorized licensor of such Submissions has expressly granted Tikatok, a worldwide, non-exclusive, royalty-free, perpetual and irrevocable right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the Submissions in whole or in part and/or to incorporate such Submissions in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions. For purposes of clarity, nothing contained in this section V shall be construed as conveying or assigning any right, title or interest in or to any of the Tikatok Materials to a user, as such rights are retained by Tikatok.

The book or on-line display of the book on the Site will contain a notice substantially in the following form:

VI. Use of the Site

The Site is provided by Tikatok LLC and is intended to be used in a creative, cooperative and safe manner by all users of the Site.

The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms or violates the rights of Tikatok or any other person or entity.

Users of the Site must not:

Use the Site in such a way as to offend or interfere with the use by anyone else of the Site, or incorporate any inappropriate or offensive text, graphics or storylines, as determined in Tikatok's sole and absolute judgment.
Provide Submissions that violate any law or regulation, or that in any fashion infringe or interfere with the rights of others, including without limitation Submissions that (i) libel, defame, or invade the privacy of any third party, or which are obscene or pornographic or otherwise sexually explicitly; (ii) infringe the intellectual property rights, including copyrights, of any third party; (iii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (iv) are confidential.
Attempt to circumvent the security systems of the Site.
Attempt to gain access to or use the Site in a fraudulent manner.
Attempt to gain access to any other user's accounts.
Attempt to ascertain any other user's password and/or personal information by any means whatsoever, including without limitation, by use of the Site or any other website, or by e-mail communication.
Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
Provide any Submission that is (a) abusive, harassing or threatening; (b) bigoted, hateful, or racially or otherwise offensive; (c) violent or vulgar; or (d) otherwise harmful or can reasonably be expected to harm any person or entity.
Provide any Submission that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity.
Provide any Submission that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations).

Tikatok expressly reserves the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting or other Submissions to the Site by you, or to deny, restrict, suspend, or terminate access to all or any part of your account at any time, for any or no reason, with or without prior notice or explanation, and without liability.

Notwithstanding the foregoing, you are fully responsible for all items you make and all materials you upload to the Site. Tikatok assumes no responsibility for editing books that have been ordered, ongoing monitoring of the Site or for removal or editing of any Submissions to the Site. Tikatok assumes no liability for any action or inaction with respect to conduct on Submissions to the Site.

VII. INDEMNITY

User agrees to indemnify and hold Tikatok and each Tikatok Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such user's use of the Site, the Tikatok Services, breach of the User Agreement or user's (or user's Submissions') violation of any law or the rights of a third party.

VIII. Password and Account Security

Every user that has an account on the Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such user's computer; and (iii) keeping the e-mail address associated with that account current (user acknowledges that it is important to keep the e-mail address associated with his or her account current).

User accepts full responsibility for all activities that occur within such user's Site account.

IX. Notices

User consents to receive electronic communications from Tikatok addressed to the e-mail address associated with such user's Site account. User acknowledges and agrees that any communication via e-mail or by postings on the Site satisfies any legal requirement that such communications be made in writing.

X. Disclaimers and Limitation of Liability

Tikatok is not responsible for and makes no warranties, express or implied, as to any Tikatok Materials, Submissions, or content appearing on or accessed through the Site, or the accuracy or reliability of the Tikatok Materials or the Submissions, posted on the Site or through the Tikatok Services, whether caused by users of the Site or the Tikatok Services or by any of the equipment or programming associated with or utilized in the Site or the Tikatok Services. The Submissions on the Site does not necessarily reflect the opinions or policies of Tikatok. The Site may contain links to other websites. Tikatok is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Tikatok. Inclusion of any linked website on the Site does not imply approval or endorsement of such website by Tikatok. When you access these third party sites, you do so at your own risk. Tikatok is not responsible for the conduct, whether online or offline, of any user of the Site or the Tikatok Services. Tikatok assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Tikatok is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Tikatok Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall Tikatok be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Tikatok Materials or the Submissions posted on or through the Tikatok Services, or from the conduct of any users of the Site or Tikatok Services, whether online or offline.

The Site is provided by Tikatok on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each Tikatok Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, neither Tikatok nor any Tikatok Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Site, or the information, content on the Site, including any Tikatok Materials or the Submissions, and materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, content on the Site, including any Tikatok Materials or the Submissions, or merchandise provided through the Site; or (iv) that the Site, its servers, or e-mails sent from or on behalf of Tikatok are free of viruses, scripts, trojan horses, worms or other harmful components.

Tikatok does not guarantee the continuous, uninterrupted or secure access to the Site or any related services. The operation of the may be interfered with by numerous factors outside the control of Tikatok.

Under no circumstances shall Tikatok or any Tikatok Provider be liable for any damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Tikatok's records, programs, Materials or Services. User hereby acknowledges that this paragraph shall apply to all content on the Site, including any stories or books, merchandise, and services available through the Site.

Neither Tikatok nor any Tikatok Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Site, even if Tikatok or any Tikatok Provider have been advised of the possibility of such damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a user, some or all of the above disclaimers, exclusions, or limitations may not apply to such user, and such user may have additional rights.

XI. Special Provisions Relating to Use of the Build-A-Bear Workshop® Landing Page

Tikatok has made arrangements with Build-A-Bear Retail Management, Inc. and its affiliates ("Build-A-Bear") to host a special Landing Page on the Site which shall access a Story Spark devoted to the creation of books utilizing or based on characters, illustrations, graphics and other intellectual property and proprietary material furnished by Build-A-Bear (the "BAB Property"). Each user of the Build-A-Bear Landing Page on the Site will have a limited sublicense to use and incorporate the BAB Property in the creation and printing of books solely for personal non-commercial purposes.

In connection with the creation of any book on the Build-A-Bear Landing Page on the Site, the following provisions set forth in this section shall apply, and shall override other provisions of this User Agreement to the extent they are inconsistent with any other provisions of this User Agreement:

All creations, ideas, concepts, notes, drafts, stories, artwork, drawings, photographs or other information of any nature utilizing the BAB Property or based or derived from the BAB Property (collectively, the "BAB Submissions") submitted by an author shall be deemed to be, and shall remain, the property of Build-A-Bear, and the author will be deemed for all purposes to have assigned all of his or her worldwide right, title and interest in and to such BAB Submissions to Build-A-Bear and waived any "moral" or author's rights therein. None of the BAB Submissions shall be subject to any obligation of confidence on the part of Build-A-Bear or Tikatok, and neither Build-A-Bear nor Tikatok shall be liable for any use or disclosure of all or part of the BAB Submissions. Without limiting the foregoing, Build-A-Bear shall exclusively own all now known or hereafter existing rights to the BAB Submissions of every kind and nature throughout the world, and Tikatok shall exclusively own all now or hereafter existing rights to any Tikatok Materials of every kind and nature throughout the world. Build-A-Bear shall be entitled to unrestricted use of the BAB Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the author or provider of the BAB Submissions, and Tikatok shall retain unrestricted use of the Tikatok Materials for any purpose whatsoever, commercial or otherwise, without compensation to the author or provider of the BAB Submissions.

If you order a book on-line created with the Story Spark accessed from the Build-A-Bear Landing Page on the Site, or if such book is displayed on-line, the book or on-line display will contain copyright notices in substantially in the following forms:

Build-A-Bear Workshop®, Build-A-Bear Workshop & Smile Logo®, Build-A-Bear Workshop & Medallion Logo®, Where Best Friends Are Made®, Cub Condo®, Build-A-Bearville®, Libeary®, and other trademarks appearing in this book are the trade names and registered trademarks of Build-A-Bear Retail Management, Inc. Licensed for private, non-commercial use only. All rights reserved.

In addition, the following shall apply to all users of the Build-A-Bear Landing Page and the Story Spark accessed from that Landing Page:

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD TIKATOK, BUILD-A-BEAR RETAIL MANAGEMENT, INC., AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY ANY OF THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THIS USER AGREEMENT OR CLAIMS ARISING FROM YOUR USE OF THIS SITE OR YOUR ACCOUNT(S). YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PARTIES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE TIKATOK.COM SITE OR ANY OF THE MATERIALS OR FUNCTIONS AT THE SITE, INCLUDING THE BUILD-A-BEAR LANDING PAGE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OUR 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, IF ANY, PAID BY YOU FOR USE OF YOUR ACCOUNT.

XII. Applicable Law; Jurisdiction

The laws of the State of New York will govern this User Agreement, without giving effect to any principles of conflicts of laws.

Each of Tikatok and user agrees to submit to the nonexclusive personal jurisdiction of the courts located within New York County, New York and waives any objection to the laying of venue of any litigation in said courts.

XIII. Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Tikatok, including Submissions, infringe your copyright, you (or your agent) may send Tikatok a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Tikatok to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Tikatok a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Teresita Rodriguez, Director-Legal Affairs, 76 Ninth Avenue, New York, New York 10011, at DMCANOTICE@Tikatok.com. Tikatok.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

XIII. Additional Terms and Conditions

In addition to the policies and guidelines located throughout the Site, the following policies are incorporated into the User Agreement:

Copyright Policy: http://www.tikatok.com/help/copyright (also accessible via a link on the bottom of the Tikatok.com Site pages)
Privacy Policy: http://www.tikatok.com/help/privacy (also accessible via a link on the bottom of the Tikatok.com Site pages)

XIV. Acknowledgment

The User Agreement, including all documents referenced herein, represents the entire understanding between user and Tikatok regarding user's relationship with Tikatok and supersedes any prior statements or representations. Headings used in the User Agreement are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."

XV. MODIFICATIONS

We may, in our sole discretion, modify, add, delete or otherwise change the provisions of this User Agreement from time to time. When we make changes to this User Agreement, we will notify you of the changes and ask for your agreement to them at that time. If you do not agree with the amended User Agreement, you will not have the ability to continue to access the Site, and your account will be deleted, along with all associated accounts and books that may have been created as part of your account.

Every Child Has a Story