These Terms of Use govern your use of the bk.com website and, unless otherwise stated, to your use of any other website owned or operated by Burger King Corporation (“BKC”) or operated on behalf of BKC (collectively the “Websites”). Please read these Terms of Use carefully before using the Websites.

Agreement to Terms

By using the Websites, you agree to these Terms of Use and the BKC General Online Privacy Policy (for visitors who are thirteen (13) years of age or over) or the BKC Children’s Online Privacy Policy (for visitors who are under thirteen (13) years of age) which are incorporated herein by reference. Each time you use the Websites, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the Websites.

BKC may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Websites. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Websites.

Accounts

You may be required to create an account and specify a password to use certain features on the Websites. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.

You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by mail at Burger King Corporation, Consumer Relations Department, 5505 Blue Lagoon Drive, Miami, Florida 33126 or by phone at 305-378-3000. You agree to indemnify and hold harmless BKC for losses incurred by BKC or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

Content Posted or Submitted by You

Certain pages on the Websites may allow you to post videos, audio, photographs, text, or other content (“Content”). Unless otherwise specified on a particular Site, you may only post Content to the Websites if you are a resident of the United States and are eighteen (18) years of age or older. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to BKC. You may not post or distribute Content that is illegal or that violates these Terms of Use. By posting or distributing Content to the Websites, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Websites and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.

By submitting or posting Content to the Websites, you grant BKC the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Websites, BKC does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. BKC owns all right, title, and interest in any compilation, collective work, or other derivative work created by BKC using or incorporating Content posted to the Websites.

You are solely responsible for anything you may post on the Websites and the consequences of posting anything on the Websites.

All information, ideas, suggestions, or other communications you submit to BKC, including, but not limited to, Content posted on the Websites or communications sent via e-mail, will be on a non-confidential basis. BKC will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation.

Content Posted by Other Users

BKC is not responsible for, and does not endorse, Content in any posting made by other users on the Websites. Under no circumstances shall BKC be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Websites. If you become aware of misuse of the Websites by any person, please contact BKC by mail at Burger King Corporation, Consumer Relations Department, 5505 Blue Lagoon Drive, Miami, Florida 33126 or by phone at 305-378-3000. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

Activities Prohibited on the Websites

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Websites. BKC reserves the right to investigate and take appropriate legal action against anyone who, in BKC’s sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:

• Using the Websites for any purpose in violation of local, state, or federal laws or regulations;
• Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
• Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by BKC in its sole discretion or pursuant to local community standards;
• Posting Content that constitutes cyber-bullying, as determined by BKC in its sole discretion;
• Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
• Posting telephone numbers, street addresses, or last names of any person;
• Posting URLs to external websites or any form of HTML or programming code;
• Posting anything that may be “spam,” as determined by BKC in its sole discretion;
• Impersonating another person when posting Content;
• Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
• Allowing any other person or entity to use your identification for posting or viewing comments;
• Harassing, threatening, stalking, or abusing any person;
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of BKC, exposes BKC or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
• Encouraging other people to engage in any prohibited activities as described herein.

BKC reserves the right - but is not - obligated to do any or all of the following:

• Investigate an allegation that any Content posted on the Websites does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the Content;
• Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
• Terminate a user’s access to the Websites upon any breach of these Terms of Use;
• Monitor, edit, or disclose any Content on the Websites; and
• Edit or delete any Content posted on the Websites, regardless of whether such Content violates these standards.

Online Kids Club and Other Programs

BKC may offer an online Kids Club and or other online programs for kids and tweens (collectively, the “Kids Online Programs”). As part of the Kids Online Programs, participants may periodically have the opportunity to earn points by purchasing food at BURGER KING® restaurants, playing games online, or engaging in other online activities. These points may be used to “purchase” virtual items online or obtain other rewards.

BKC may modify any of the terms and conditions governing the Kids Online Programs — including, but not limited to, how participants may earn points, how many points may be earned, how the points may be used, and the conditions under which points may be forfeited — at any time, with or without notice, even though these changes may affect your ability to use the points that you have already earned. In addition, BKC may terminate any points-based activity or promotion at any time, with or without notice, even though termination may affect your ability to use the points that you have already earned.

The Kids Online Programs may be subject to their own terms and conditions. In the event of a conflict between these Terms of Use and the terms and conditions of any Kids Online Program, the terms and conditions for that program will control as they pertain to that program.

BKC Trademarks and Copyrights

All trademarks, logos, and service marks displayed on the Website are registered and unregistered Trademarks of BKC or its wholly owned subsidiary, Burger King Brands, Inc., and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of BKC’s trademarks on any other website is strictly prohibited. All of the materials contained on the Websites are copyrighted except where explicitly noted otherwise. BKC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. BKC neither warrants nor represents that your use of materials displayed on the Websites will not infringe rights of third parties not owned by or affiliated with BKC. Use of any materials on the Websites is at your own risk.

Third-Party Copyrights

If you believe any Content on the Websites infringes your copyright, you may request removal of such Content (or access thereto) from this web Websites by contacting BKC as set forth below and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by mail to Burger King Corporation, Consumer Relations Department, 5505 Blue Lagoon Drive, Miami, Florida 33126 or by phone at 305-378-3000.

In an effort to protect the rights of copyright owners, BKC maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Websites who are repeat infringers.

Hyperlinks

This Websites may contain hyperlinks to third-party websites. BKC does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that BKC is not responsible or liable for any Content or other materials on these third party websites.

Governing Law and Severability

These Terms of Use shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Websites resides in the courts located in Florida, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Warranties

The Websites and the Content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, BKC, ITS PARENT, SUBSIDIARIES, AND AFFILIATES (THE “BKC ENTITIES”) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The BKC Entities cannot and do not guarantee or warrant that: (a) the Websites will be reliable, accurate, complete, or updated on a timely basis; (b) the Websites will be free human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the Websites will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (d) any Content you post on the Websites will remain on the Websites; or (e) the functions or services performed on the Websites will be uninterrupted or error-free or that defects in the Websites will be corrected.

Limitation of Liability

The bkc entities’ entire liability and your exclusive remedy with respect to any dispute with BKC is to discontinue your use of the Websites. THe bkc entities shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Websites or for any other claim related in any way to your use of the Websites. These exclusions for indirect, special, incidental, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if BKC had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, BKC’s and its vendors’ liability shall be limited to the extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold the BKC Entities harmless from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys’ fees arising out of, or in connection with, your violation of these Terms of Use.

Termination

BKC has the right to terminate your account and access to the Websites for any reason, including, without limitation, if BKC, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use. BKC may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.

^TM & © 2008 Burger King Brands, Inc. All rights reserved.