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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.
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.
______________________________________
_______________________________
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.
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.
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.
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.
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.”
• 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.
• 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.
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.
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.
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.
“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.
In addition to the policies and guidelines located throughout the Site, the following
policies are incorporated into the User Agreement:
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?
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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.
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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.
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.
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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.
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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.
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.
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policies or that the release of your information may protect the rights, property or safety of
Tikatok, you, or one of our other customers.
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.
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.
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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.
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