Terms of Use

This Terms of Use Policy (this “Policy”) controls your access to and use of applies to websites operated by or on behalf of Get-A-Bear 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 colang, 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 Get-A-Bear (“Get-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 Get-A-Bear as stated herein, and acknowledge that any other agreement between you and Get-A-Bear concerning the subject matter herein is superseded by this Policy and of no force or effect.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 Get-A-Bear is not abiding by this Policy, please contact us at guest.services@getabear.co.uk

Access

You may access and use the Website solely to view information about the products and services offered by Get-A-Bear for your informational use or as expressly authorized by Get-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.K. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Website. Get-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.

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 Get-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 Get-A-Bear collects when you are on the Website and when you use or purchase any goods or services provided by Get-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 Get-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, GET-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 GET-A-BEAR HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GET-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.

FORUMS AND BLOGS

• You are welcome to post, transmit or submit messages (collectively “Messages”) to bulletin boards, chat rooms or other public areas within, or in the connected community page with, this Site (collectively “Forums”). Get-A-Bear accepts no responsibility whatsoever in connection with or arising from such Messages. Get-A-Bear does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by Get-A-Bear prior to posting and do not necessarily reflect the opinions or policies of Get-A-Bear. Get-A-Bear makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Get-A-Bear reserves the right to prevent you from submitting materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
• Get-A-Bear assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Get-A-Bear chooses, in its sole discretion, to monitor the Forums, Get-A-Bear nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Get-A-Bear accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
• Children under the age of 13 are not authorized to post messages or participate in Forums on this Site.
• You agree that any Message whatsoever submitted by you becomes the property of Get-A-Bear and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as Get-A-Bear sees fit.

SUBMISSIONS

Get-A-Bear company policy does allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no visitors to this Site, or any venue or web site governed by these Terms of Use, submit or send any original creative materials, including but not limited to submissions of scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts. If at our request you send certain specific submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) or, despite our request that you not send us any other creative materials, you send us or post on message boards creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) then the Submissions shall be deemed and shall remain the property of Get-A-Bear in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Get-A-Bear the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that Get-A-Bear chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Get-A-Bear relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

USE OF GETABEAR.CO.UK COMMUNICATIONS

In connection with your use of any of the chat areas, bulletin boards, e-mail or other public communication elements of getabear.co.uk or in connection with any activity governed by these Terms of Use including, without limitation, you may not upload to, distribute through, or otherwise publish through getabear.com or any other venue or web site any content which is, as determined by Get-A-Bear in its sole discretion, libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, disparaging, illegal, or otherwise objectionable or that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law. You agree that your activities on the Site (including without limitation submission of any Messages to Forums) will not:

a. infringe Get-A-Bear or any third party’s copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy (and by submitting Messages to Forums, you represent to Get-A-Bear that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner);

b. constitute (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for Get-A-Bear or cause Get-A-Bear to lose (in whole or in part) the services of our ISPs or other suppliers;

c. transmit content Get-A-Bear considers in its sole discretion to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable;

d. impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;

e. unless specifically authorized by Get-A-Bear, are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations, including “spam” or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth in this Section 6;

f. contain any virus or other harmful component or otherwise disrupt the normal flow of communication in or operation of the Forums in any way; or

g. are libellous, or an invasion of privacy or publicity rights or any other third party rights.

Electronic Communications

When you visit the Website or send e-mails to Get-A-Bear, you are communicating with Get-A-Bear electronically. In so doing, you consent to receive communications from Get-A-Bear electronically. 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.

Risk; Limitation of Liability

Your use of and browsing of the Website is at your own risk. Neither Get-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 Get-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) GET-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) GET-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) GET-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, GET-A-BEAR IS NOT RESPONSIBLE FOR THOSE COSTS.

Get-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 Get-A-Bear 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 Get-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 Get-A-Bear (each, a “Third Party Site”), and all such links are provided solely as a convenience to you. Get-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, Get-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. Get-A-Bear assumes no responsibility for the privacy, terms of use or other policies of any Third Party Site. Get-A-Bear recommends that you review any Third Party Site’s privacy policies before submitting any information. Get-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.

Get-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 Get-A-Bear is endorsing it or its products,
• misrepresent its relationship with Get-A-Bear,
• present false information about Get-A-Bear, its products or services,
• use the Get-A-Bear logo or name or phrase without prior written permission from Get-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 Get-A-Bear name and logos and are trademarks of Get-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 Get-A-Bear. Your misuse of the trademarked name or logo of Get-A-Bear, or any menus, labels, or other content of the Website, is strictly prohibited. You are also advised that Get-A-Bear will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution. Get-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 Get-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 Get-A-Bear unless otherwise noted, and may not be used except as provided in this Policy without the express written permission of Get-A-Bear.

Language

In case of any inconsistency between this English language Policy and its translation into another language, this English language document controls.

Changes in this Policy

Get-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. Get-A-Bear advises that you check the Website frequently to obtain updates, and you expressly agree to be bound by any such updates.

 Law and Jurisdiction

Get-A-Bear operates the Website within the United Kingdom, and this Policy is governed by the laws of the United Kingdom. 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 United Kingdom law and you irrevocably agree to submit to the jurisdiction of such courts.

Changes in this Policy

Get-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. Get-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.