Agreement to Terms
Content Posted or Submitted by You
By submitting or posting Content to the Websites, you grant Bonito Heights Limited 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, Bonito Heights Limited 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. Bonito Heights Limited owns all right, title, and interest in any compilation, collective work, or other derivative work created by Bonito Heights Limited 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 Bonito Heights Limited, including, but not limited to, Content posted on the Websites or communications sent via e-mail, will be on a non-confidential basis. Bonito Heights Limited will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation.
Content Posted by Other Users
Bonito Heights Limited is not responsible for, and does not endorse, Content in any posting made by other users on the Websites. Under no circumstances shall Bonito Heights Limited 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 Bonito Heights Limited by mail at Bonito Heights Limited, 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. Bonito Heights Limited reserves the right to investigate and take appropriate legal action against anyone who, in Bonito Heights Limited’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 Bonito Heights Limited in its sole discretion or pursuant to local community standards;
• Posting Content that constitutes cyber-bullying, as determined by Bonito Heights Limited 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 Bonito Heights Limited 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 Bonito Heights Limited, exposes Bonito Heights Limited 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.
• 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.
Bonito Heights Limited Trademarks and Copyrights
All trademarks, logos, and service marks displayed on the Website are registered and unregistered Trademarks of Bonito Heights Limited 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 Bonito Heights Limited’s trademarks on any other website is strictly prohibited. All of the materials contained on the Websites are copyrighted except where explicitly noted otherwise. Bonito Heights Limited will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Bonito Heights Limited 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 Bonito Heights Limited. Use of any materials on the Websites is at your own risk.
If you believe any Content on the Website(s) infringes your copyright, you may request removal of such Content (or access thereto) from the Website(s) by contacting Bonito Heights Limited’s Copyright Agent (designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2)) at the address set forth below and providing the following information:• Your name, address, telephone number, and e-mail address.
• 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
• 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.
Burger King Corporation
Burger King Corporation
Attn: Legal (DMCA Copyright Infringement)
5505 Blue Lagoon Drive, Miami, Florida 33126
In an effort to protect the rights of copyright owners, Bonito Heights Limited maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Websites who are repeat infringers.
This Websites may contain hyperlinks to third-party websites. Bonito Heights Limited 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 Bonito Heights Limited is not responsible or liable for any Content or other materials on these third party websites.
Governing Law and Severability
The Websites and the Content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, Bonito Heights Limited, ITS PARENT, SUBSIDIARIES, AND AFFILIATES (THE “Bonito Heights Limited ENTITIES”), AND EACH OF THEIR AGENTS, RESPRESENTATIVES AND SERVICE PROVIDERS, 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 Bonito Heights Limited Entities, their agents, representatives and service providers 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 Bonito Heights Limited ENTITIES’, THEIR AGENTS’, REPRESENTATIVES’ AND SERVICE PROVIDERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESPECT TO YOUR USE OF THE WEBSITES IS TO DISCONTINUE YOUR USE OF THE WEBSITES. THE Bonito Heights Limited ENTITIES, THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS 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 THE Bonito Heights Limited ENTITIES, THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS HAVE 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, THE Bonito Heights Limited ENTITIES’, THEIR AGENTS’, REPRESENATIVES’ AND SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
™ & © 2011 Burger King Corporation. All rights reserved.