Build-A-Bear Terms And Conditions
You may access and use the Website solely to view information about the products and services offered by Build-A-Bear for your informational use or as expressly authorized by Build-A-Bear. You agree not to access or use the Website for any other purpose including, without limitation, any purpose that is prohibited by this Policy or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Website. Build-A-Bear may, in its sole discretion, terminate or suspend your access to, and/or use of, the Website, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Website is terminated, you will not thereafter access, or attempt to access, the Website, directly or indirectly, and (b) if your authorization to access the Website is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.
It is our intent to meet internationally-recognized Web Content Accessibility Guidelines (WCAG) 2.0 Level AA website requirements in accordance with Ontario’s accessibility laws.
Certain portions of the Website may be accessible only to users that register to use those portions of the Website (“Registered Users”). Unauthorized use of the restricted portions of the Website (“Restricted Area”), including, but not limited to, unauthorized entry into the Restricted Area, misuse of usernames or passwords, access of the Restricted Area beyond the scope of your authorization, or misuse of any access information or information contained in the Restricted Area, is strictly prohibited. You may not attempt to gain unauthorized access to the Restricted Area or any Build-A-Bear computer system or network, through hacking, password mining or any other means. If you register to use the Restricted Area, you will choose or be issued, a username and password and, once you have a username and password, you will be considered a Registered User and issued an account to use the Website. However, we may terminate your status as a Registered User for any reason (or no reason) with or without notice to you, and you agree not to access the Restricted Area at any time after we give you notice of such termination.
If you are issued a username and password, you may not authorize any third party to access and/or use your username, password, or account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. You agree not to provide your username, password, or account information to any third party. You agree to notify us immediately of any suspicious or unauthorized use of your username, password, or account. If you fail to comply with the foregoing obligations, you will be held fully responsible for all activities conducted using your username, password, or account.
You recognize and agree that when submitting any personally identifiable information to the Website, while Build-A-Bear has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, BUILD-A-BEAR SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY YOU, EVEN IF BUILD-A-BEAR HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUILD-A-BEAR DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY YOU SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR OWN PASSWORD.
When you visit the Website or send e-mails to Build-A-Bear, you are communicating with Build-A-Bear electronically. In so doing, you consent to receive communications from Build-A-Bear electronically, whether by e-mail or by posting notices on the Website. By accessing the Website and/or utilizing any of its features, you thereby agree and acknowledge that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Risk; Limitation of Liability
Your use of and browsing of the Website is at your own risk. Neither Build-A-Bear nor any other party involved in creating, producing or delivering the Website is liable for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever arising out of your access to or use of, this web site even if Build-A-Bear has been advised of the possibility of such damages. Without limiting the foregoing, YOU EXPRESSLY UNDERSTAND AND AGREE THAT (A) THE WEBSITE AND ALL THE CONTENTS THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (B) BUILD-A-BEAR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, (C) BUILD-A-BEAR MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE OR ANY ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE, (D) BUILD-A-BEAR DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS THEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BUILD-A-BEAR IS NOT RESPONSIBLE FOR THOSE COSTS.
Build-A-Bear also assumes no responsibility and shall not be liable for any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of or browsing of the Website. In no event shall Build-A-Bear’s total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you to Build-A-Bear, whether or not any such amounts are actually paid, for accessing the Website or any of the content thereon.
Links to Other Sites
Build-A-Bear does not guarantee that you will receive an alert when you leave the Website, and it is your responsibility to determine when you have left the Website.
Links to the Website
Anyone linking to the Website must comply with all applicable laws, the following guidelines and this Policy. A Third Party Site may link to the Website, but may not replicate any content contained therein. In addition, any Third Party Site that links to the Website may not:
- create a border or browser environment around Website content,
- imply that Build-A-Bear is endorsing it or its products,
- misrepresent its relationship with Build-A-Bear,
- present false information about Build-A-Bear, its products or services,
- use the Build-A-Bear logo or name or phrase without prior written permission from Build-A-Bear, or
- contain illegal content, or content that could be construed as distasteful, offensive or controversial and should only contain content that is appropriate for all age groups.
Virtual Shopping Experience Terms
By accepting these terms and/or using the Bear Builder 3D Workshop (the “Experience”) you hereby agree that you understand that the Experience is a virtual, fantasy feature intended for use by individuals age 18 or older. You further understand that: (i) adult supervision is required at all times when using the Experience, (ii) all Furry Friend movements depicted in the Experience are simulated, and (iii) Furry Friends are not capable of standing, moving or holding objects unassisted.
Trademarks / Copyright
The Build-A-Bear name and logos and are trademarks of Build-A-Bear. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Website without the express written permission of Build-A-Bear. Your misuse of the trademarked name or logo of Build-A-Bear, or any menus, labels, or other content of the Website, is strictly prohibited. You are also advised that Build-A-Bear will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution. Build-A-Bear reserves all rights pertaining to the Website.
All images, designs, icons, logos, photographs and other materials that appear or are accessible on the Website (“Website Materials”) are copyrights, trademarks and trade dress and/or other intellectual properties owned, controlled and/or licensed by Build-A-Bear. The use of Website Materials by you or anyone else authorized by you is prohibited unless specifically permitted by this Policy. In addition to violating this Policy, any unauthorized use of such images may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You should assume that everything you see, read or access on the Website is copyrighted and owned by Build-A-Bear unless otherwise noted, and may not be used except as provided in this Policy without the express written permission of Build-A-Bear. If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, you may notify Build-A-Bear by providing our copyright agent with the following in writing:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Build-A-Bear to locate the material;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is infringing and not authorized;
- A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
- The electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.
To submit a notification of claimed infringement, please contact Build-A-Bear ’s Designated Agent at the following address:
Attn: Copyright Concerns
1954 Innerbelt Business Center Drive
St. Louis, MO 63114-5760
Telephone: 1-877-789-BEAR (2327)
Sale of Build-A-Bear or its Assets
In case of any inconsistency between this English language Policy and its translation into another language, this English language document controls.
Governing Law and Jurisdiction
Changes in this Policy