Build-A-Bear Terms And Conditions

This Terms of Use Policy (this “Policy”) controls your access to and use of applies to websites operated by or on behalf of Build-A-Bear Workshop and its affiliates worldwide and all forms of information hosted thereunder, whether as part of the primary domain, any subdomain, or any other designation thereof, including text, pictures, animation, video and sound recording, software programs, and any other content that may now or shall hereinafter be present thereon (collectively, the “Website”), and binds you, your heirs, devisees, beneficiaries, executors, successors and assigns (“you”) and shall inure to the benefit of Build-A-Bear Workshop (“Build-A-Bear”) and its affiliates and their respective successors and assigns. By accessing, browsing or utilizing this Website you are accepting without limitation or qualification, this Policy of Build-A-Bear as stated herein, and acknowledge that any other agreement between you and Build-A-Bear concerning the subject matter herein is superseded by this Policy and of no force or effect. If you visit the Website you accept these conditions. If you do not consent to this Policy, you should not utilize the Website in any manner whatsoever. If you have questions regarding this Policy, or feel that Build-A-Bear is not abiding by this Policy, please contact us at guest.services@buildabear.com

Terms of Use

Access

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.

Restricted Area

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.

Password

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.

Privacy Policy

The treatment of personally identifiable information that Build-A-Bear collects when you are on the Website and when you use or purchase any goods or services provided by Build-A-Bear is subject to and governed by our Privacy Policy, Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices.

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.

Electronic Communications

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

The Website may feature various links to HTML, scripts, graphics, images, video and audio, databases or other media assets, websites, content, or other files not hosted or operated by Build-A-Bear (each, a “Third Party Site”), and all such links are provided solely as a convenience to you. Build-A-Bear has not reviewed any Third Party Site and does not control and is not responsible for any Third Party Site or its content. Notwithstanding any content on the Website indicative of the contrary, Build-A-Bear makes no endorsement of or representation about any Third Party Site, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any Third Party Site linked to in the Website, you do so entirely at your own risk. Build-A-Bear assumes no responsibility for the privacy, terms of use or other policies of any Third Party Site. Build-A-Bear recommends that you review any Third Party Site’s privacy policies before submitting any information. Build-A-Bear 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 resulting from any Third Party Site navigated to or accessed from links hosted on or contained in the Website.

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.

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:
Build-A-Bear Workshop
Attn: Copyright Concerns
1954 Innerbelt Business Center Drive
St. Louis, MO 63114-5760
Email: dmca@buildabear.com
Telephone: 1-877-789-BEAR (2327)

Sale of Build-A-Bear or its Assets

The information collected through and contained on the Website (the “Information”) is considered a trade secret of Build-A-Bear. As the owner of the Information, subject to the terms and conditions of our Privacy Policy, Build-A-Bear may disclose, transfer or sell any Information as an asset of the company in conjunction with due diligence for or completion of a merger, reorganization or sale to a third party of Build-A-Bear or in conjunction with a sale of any portion of Build-A-Bear ’s assets. Although such an event is not currently anticipated, changes to this Policy may result from changes in Build-A-Bear ’s status.

Language

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

Build-A-Bear operates the Website within the United States of America, and this Policy is governed by the laws of the United States of America and the State of Missouri, without giving effect to the conflict of law provisions thereof and expressly excluding any application of the United Nations Convention on Contracts for the International Sale of Goods. You agree that, except as expressly set forth in our Privacy Policy, any legal action arising from or relating in any way to the Website will be brought exclusively in the Federal or State courts located in St. Louis County, Missouri, and you irrevocably agree to submit to the jurisdiction of such courts.

Changes in this Policy

Build-A-Bear reserves the right to change, amend, adjust, add to or delete from this Policy as stated here, and our Privacy Policy, from time to time, as necessary and without notice. Build-A-Bear advises that you check the Website frequently to obtain updates, and you expressly agree to be bound by any such updates.

General

You agree that this Policy and our Privacy Policy describes the entire agreement between us with respect to the subject matter described therein. If any provision of this Policy shall be deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from the remainder of the Policy and shall not affect the validity and enforceability of any remaining provisions.