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Tikatok Registration Form

Dear Parents,

We would like to notify you of a change to our User Agreement and Privacy Policy.

Please read our new User Agreement and Privacy Policy carefully. If you wish to
maintain your child’s account, please provide your signature in the attached permission
form agreeing to our new terms of use by November 22, 2009. Please take the time to fill
out this form completely and provide your signature at the bottom. Incomplete forms
will not be accepted and will result in the closing of your child's account and removal of
the books they created from the Tikatok website.

Thank you for helping to make Tikatok a success.

Happy Writing!

Tikatok
Please mail your signed permission form to:
Tikatok c/o Katie Porro, 24 Three Mile River Lane, Taunton, MA 02780; or fax to 774-
961-3539

Parent Information
Name: ________________________________ Why do we collect your address?
In order for you to give legal consent for
Email: ________________________________ your child to use Tikatok, we must
collect your address and phone number
Address: ______________________________ to verify your identity.

______________________________________

Phone Number: ________________________

Your Child’s Information What is a username?


Your Child’s Full Name: The username is what your child uses to
log in to their account. If you do not know
_______________________________ their username, please ask your child or
contact your child’s teacher. You will need
Your Child’s Teacher’s Name: to provide your child’s username to
complete the permission form.
_______________________________

Your Child’s Tikatok Username:

_______________________________

I hereby certify that I am the parent or legal guardian of the child named above and that I have
read, am familiar with, and accept the Tikatok User Agreement and the Tikatok Privacy Policy
that were attached to this form.

I understand that my child has written, or may write, a book in collaboration with other
children in his or her classroom. I further understand that although Tikatok does not encourage
children to provide personal information on its website, it is possible that my child may have
provided, or may provide in the future, personal information inadvertently within the text of a
book that he or she creates. In addition to agreeing that Tikatok can collect and maintain any
personal information inadvertently submitted by my child, I agree that Tikatok may disclose
that information, and my child’s name, to the other children in the classroom that co-author a
book with my child, the parents or legal guardians of children that co-author a book with my
child, and any educators, such as my child’s teacher, that may have been involved in, or
supervised, the co-authoring process.

Parent/Guardian’s Signature Date


Tikatok User Agreement
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
person 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.

I. REGISTRATION AND YOUR ACCOUNT


II. AGE OF USERS
III. TERMINATION OF USAGE
IV. OWNERSHIP OF INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE
OF MATERIALS

V. OWNERSHIP OF SUBMISSIONS
VI. USE OF THE SITE
VII. INDEMNITY
VIII. PASSWORD AND ACCOUNT SECURITY
IX. NOTICES
X. DISCLAIMERS AND LIMITATION OF LIABILITY
XI. SPECIAL PROVISIONS RELATING TO USE OF THE BUILD-A-BEAR
WORKSHOP® LANDING
XII. APPLICABLE LAW; JURISDICTION
XIII. DIGITAL MILLENIUM COPYRIGHT ACT
XIV. 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.

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 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. Upon submission, all creations, ideas, concepts, notes, drafts, stories, artwork,
drawings, photographs or other information of any nature (collectively, the
“Submissions”), submitted by an author to the Site shall be deemed to be, and shall
remain, the property of Tikatok, 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 Submissions to
Tikatok and waived any “moral” or author’s rights therein. None of the Submissions shall
be subject to any obligation of confidence on the part of Tikatok, and Tikatok shall not be
liable for any use or disclosure of all or part of the Submissions. Without limiting the
foregoing, Tikatok shall exclusively own all now known or hereafter existing rights to the
Submissions of every kind and nature throughout the world, and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Submissions.
The book or on-line display of the book on the Site will contain a notice substantially in
the following form: “Copyright © 2009 by Tikatok LLC. All rights reserved.”

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 because although the user may be able to log into his or her Site account
using an old e-mail address, such user will not receive messages from Tikatok about his
or her orders and inquiries or other matters).

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 characters, characters’ names, graphics, illustrations and depictions and
derivatives thereof Copyright © 20__ Build-A-Bear Retail Management, Inc.

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.

“Layout design, book template and other graphic elements Copyright © 20__ Tikatok
LLC. 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/include/copyright.asp (also accessible via


a link on the bottom of the Tikatok.com Site pages)
• Privacy Policy: http://www.tikatok.com/help/cds2.asp?PID=25560 (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.
Tikatok Privacy Policy
Revised October 2009
• About our Website
• Who May Create an Account on the Site?
• What Type of Personally Identifiable Information Does Tikatok Collect?
o Information Collected From You
o Information Collected From Children
o Additional Information That We Collect
• How Does Tikatok Use Your Information?
o Creating and Printing Books
o Featured Books
o E-mail Communication from You
o E-mail Communication from Us
• What Information Does Tikatok Share With Others?
o Third Party Service Providers
o Making a Purchase or Placing an Order
o Sales, Mergers and Acquisitions
o Law Enforcement Officials
o Responding To Other Requests For Information
o Educator Accounts
• How Do We Secure Your Personal Information?
• Will This Privacy Policy Change?
• Is My Child’s Ability to Use the Site Conditioned Upon Him or Her Providing
Personal Information?
• How Can I Review the Information that Tikatok Keeps About Me, and About Any
Child’s Account Associated with My Account?
• How Can I Delete the Information that Tikatok Keeps About Me, and About Any
Child’s Account Associated with My Account?
• How Do I Contact You If I Have Questions or Concerns?

About our Website


Tikatok.com (the “Site”) allows you to create, illustrate, write, and publish your books in
paperback, hardcover or PDF format.
This Privacy Policy describes the information that we collect from you and from any children
that you decide to allow to use our Site. This Privacy Policy also describes how we use that
information, and with whom that information is shared. This Privacy Policy does not apply to
information that is not collected through our website, including any materials that are sent to us
by you, or someone acting on your behalf, in paper form.
This Privacy Policy refers to the terms “you,” “your book,” and “Tikatok.” As it’s important for
you to understand what those terms mean, here are some definitions to keep in mind as you read
this Privacy Policy:
“You” refers to an individual that is over the age of 13 that establishes an account on the Site.
“Your book” refers to a book that you created. If you are a parent or legal guardian and decide
to set up an account for your child, the term “your book” also refers to any books that are
authored by your child.
“Tikatok” refers to Tikatok LLC.
“Minor[s]” refers to a person that is under the age of 13 years old.
“Child’s account” refers to an account that a parent or legal guardian sets up for a child that is a
Minor. A Minor cannot set up their own account, and any child’s account must be associated
with an account created by the parent or legal guardian.

Who May Create an account on the Site?


Any person who is at least 13 years old may register to create an account on the Site. Although
we do not allow Minors to create their own account, if you are a parent or legal guardian and
have created an account with us, you may create an account for your Minor child or Minor
children. The child’s account that you create will be associated with your account. In the event
that you create a child’s account, both your account, and your child’s account, will be governed
by this Privacy Policy and the User Agreement.

What Type of Personally Identifiable Information Does


Tikatok Collect?
Information Collected From You
During the registration process Tikatok collects no more personally identifiable information from
you than is reasonably necessary for you to participate in our online activities. This includes,
among other things, your name, your email address and your date of birth. We ask for your date
of birth to confirm that you are at least 13 years old and eligible to create an account on the Site.
You will also be asked to create a username and a password during the registration process.
When creating a username, do not use any personally identifiable information. For example, you


should not use your initials, telephone number, email address, abbreviation of your name or zip
code.
During the time you place a product order we may collect additional personally identifiable
information from you. For example, we may ask if you want us to include biographical
information about you, or your child, such as your child’s name, in the product that you are
purchasing.
If you decide to share your book with others, or collaborate with others to write a book, Tikatok
may collect personally identifiable information about you or about your child as part of the
process of obtaining your authorization to share your book with others.
Although Tikatok does not request personally identifiable information from you other than
during the registration process, the product-ordering process, or the process of obtaining your
authorization to disclose your book to others, the purpose of the Site is to allow the creation,
illustration, and personalization of books. As a result, you control the information that you
choose to include in the books you create. Although Tikatok warns users not to include
personally identifiable information in the books that they author, it is possible that you may
inadvertently provide Tikatok with personally identifiable information in the content of the book
that you author.

Information Collected From Children


Tikatok does not ask children to provide any personally identifiable information.

If you decide to create a child’s account, however, Tikatok will allow your child to create
personalized books. Although Tikatok warns all children not to include personally identifiable
information in the books that they author, it is possible that they may inadvertently provide
Tikatok with personally identifiable information in the content of the book that they author. By
creating a child’s account, you agree that if your child inadvertently provides personally
identifiable information to Tikatok that Tikatok may collect and maintain that information.

Additional Information That We Collect


We may collect information through technology to make our Site more interesting and useful to
you. For example, we collect IP addresses and use technology to track traffic patterns on the Site.
Once you have logged into the Site, we track your activities by using logs of database
transactions and server interactions. We also use this information to understand which areas of
our Site are most appealing or least appealing. Our Site also uses cookies, which are pieces of
text information that a website sends to your computer while you are viewing the website.
Cookies provide information to the Site so that the Site will remember who you are. These
technical methods may involve the transmission of information either directly to us or to another
party authorized by us to collect information on our behalf. None of the information collected
through these methods is, or is connected to, personally identifiable information about you.

How Does Tikatok Use Your Information?


Creating and Printing Books
Tikatok allows you or your child to create books on the Site, which includes both text (the
stories) and images (the illustrations). You should not include any personally identifiable
information in your books, either in the words or in the images you supply.
If you or your child decide to create a book, your book will initially be available in “private
display.” Private display means that the book may be visible to only Tikatok, you, any Minor
that you give access to a child’s account, and any additional people, such as teachers or co-
authors, for whom you give us permission to share your book. A book in private display will
contain, by default the author’s username and a blank space for any biographical information that
you may choose to supply in the future. You can provide biographical information, such as your
name or your child’s name, if you decide to “publish” a book. Publishing refers to a purchase of
the book in paperback, hardcover or PDF format. Only you can decide to publish a book that
you create or that your child creates. Children are not allowed to publish books. When
publishing a book you can decide to send that book to other people, such as friends, family, or
teachers.

Featured Books
Tikatok may ask you to include your book in our “Featured Books” section. Books included in
the “Featured Books” section are placed on public display and visible to the entire Site
community as well as any visitor to the Site. Tikatok will not include your book in the “Featured
Books” section without your permission.
Any book included in the “Featured Books” section will identify the title of the book. The
author will be identified by username only. Tikatok attempts to remove any personally
identifiable information that you or your child may have included inadvertently within the
content of the book, but cannot guarantee that all personally identifiable information either can
be identified or has been removed. As a result, if you agree to include your book in the
“Featured Books” section, you recognize and agree that any personally identifiable information
inside the book may be disclosed to third parties, and that you consent to that disclosure.
You have the ability to delete a book at any time. If you choose to delete a book it will be
completely removed from our system, including removed from the “Featured Books” section.

E-mail Communication from You


If you contact us by e-mail, we will use the e-mail address that you provided at the time you
opened your account (as such email address may be updated by you) to respond to your specific
request or question.

E-mail Communication from Us


Our Site may allow you to sign up to receive newsletters, birthday e-cards and e-mails regarding
special Tikatok promotional messages or offers. The newsletters and e-mails will provide you
with information about new website features, contests, and promotions. Such communications
will only be sent to the parent or legal guardian associated with the parent account. You may opt-
out of receiving such communications at any time by clicking the “unsubscribe” link included in


every email or by contacting Tikatok with your opt-out request, see the section below titled
“How Do I Contact You If I Have Questions or Concerns?” for contact information.
You will continue to receive non-marketing related emails from us, such as emails related to
your account.

What Information Does Tikatok Share With Others?


Third Party Service Providers
We may engage third parties to assist with services related to the Site, such as technical and
processing services shipping, book printing and website analytics. These third parties are
obligated to keep your information confidential and must use the information only in connection
with providing services to Tikatok.

Making a Purchase or Placing an Order


When you order a book or a gift card, we send only the information necessary to fulfill the order
to Google Checkout and our printing supplier. Tikatok does not collect or store any credit card
information. You should review the Privacy Policy of Google Checkout for more information
about how they use any information that you provide to them.
When you decide to publish a book, we may give you the option of selecting individuals who
you would like to receive a copy of your book. If you indicate that an individual should receive
a copy of your book, we may send a copy of the book, along with any biographical information
that you have chosen to include in it, to that individual.

Co-Authors
In some situations you may want to co-author a book with another person, or allow your Minor
child to co-author a book with another person. If you decide to co-author a book, we may allow
your co-author to view the information that you write in the book. If the co-author is a Minor,
we may also allow the parent, or legal guardian of the co-author to view the information that you
write in the book.

Sales, Mergers and Acquisitions


In the event that all or substantially all of the assets related to Tikatok are transferred or sold to
another entity, all information, including personally identifiable information we have in our
possession, would be transferred to that entity.

Law Enforcement Officials


Tikatok fully cooperates with reasonable requests for information from law enforcement
agencies. As a result, we reserve the right to report to law enforcement agencies any activities
that we reasonably believe to be unlawful, or that we reasonably believe may aid a law
enforcement investigation. In addition, we reserve the right to release your information to law
enforcement agencies if we determine, in our sole judgment, that either you have violated our


policies or that the release of your information may protect the rights, property or safety of
Tikatok, you, or one of our other customers.

Responding to Other Requests for Information


Tikatok may share your information with others as required by, or permitted by law. This may
include sharing your personally identifiable information with governmental entities, or third
parties, in response to subpoenas, court orders, other legal process, or as we believe is necessary
to exercise our legal rights or defend against legal claims against us, our employees, our
customers, users, or others.

Educator Accounts
Educator accounts can be used to view and print only those books for which the author’s parent
has provided their consent. If the book is a collaborative book, Educator accounts can be used to
view and print only those books for which each and every author’s parent has provided their
consent.

How Do We Secure Your Personal Information?


We take significant and appropriate security measures, including physical, technological and
procedural measures, to help to safeguard your personal information and to prevent unauthorized
access and disclosure. In addition, we use industry-standard technology, such as firewalls and
encryption in the transmission of certain sensitive personal information, designed to prevent
unauthorized persons from gaining access to your personal information, and, as technology
develops, we intend to take additional measures to improve security.

We want you to feel confident whenever you visit our Site. While we are focused on the security
of your personal information and follow strict standards, processes and procedures that are
designed to protect your personal information, we cannot promise, and you should not expect,
that your personal information will remain secure in all circumstances.

Will This Privacy Policy Change?


We reserve the right to modify or amend this Privacy Policy at any time by posting the revised
privacy policy on our Site. Any material changes in how we use or share personally identifiable
information will only affect the information that we collect after the effective date of the change
to our privacy policy unless we clearly express otherwise.

Is My Child’s Ability to Use the Site Conditioned Upon Him


or Her Providing Personal Information?


No. Tikatok does not ask children to provide any personally identifiable information. As a
result, if you have created a child’s account that allows your child to participate on our Site, we
do not condition your child’s use of that account on his or her providing any personally
identifiable information.

Do I Have to Create an Account in Order to Use the Site?


No. You can use the Site without creating an account. However, Tikatok will not collect, save,
retain, print, or otherwise publish, a story that you write on the Site unless you create an account.

How Can I Review the Information that Tikatok Keeps


About Me and About Any Child’s Account Associated with
My Account?
At any time you may log in to your account and review the information that Tikatok has
collected about you or your child or any books that you or your child have created on the Site.

How Can I Delete the Information that Tikatok Keeps


About Me and About Any Child’s Account Associated with
My Account?
At any time you may log in to your account and delete any information you provided Tikatok
about you or your child or any books that you or your child have created on the Site.

How Do I Contact You If I Have Questions or Concerns?


To request further information about our privacy practices, you may contact us by email at 
help@tikatok.com or by mailing us at Tikatok LLC, 76 Ninth Ave., New York, New York
10011. 

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