Agreement to Terms
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 1-866-394-2493. You agree to indemnify and hold harmless BK Canada for losses incurred by BK Canada 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
By submitting or posting Content to the Websites, you grant BK Canada the irrevocable, perpetual, worldwide right to reproduce, edit, modify, display, perform, distribute, adapt, and promote this Content in any medium, and you hereby waive any moral rights you have in and to the Content in favour of BK Canada. Once you submit or post Content to the Websites, BK Canada 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. BK Canada owns all right, title, and interest in any compilation, collective work, or other derivative work created by BK Canada 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.
Content Posted by Other Users
BK Canada is not responsible for, and does not endorse Content in any posting made by other users on the Websites. Under no circumstances shall BK Canada 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 Burger King Corporation, Consumer Relations Department, 5505 Blue Lagoon Drive, Miami, Florida 33126 or by phone at 1-866-394-2493. 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. BK Canada reserves the right to investigate and take appropriate legal action against anyone who, in BK Canada’s sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:
BK Canada reserves the right -- but is not obligated -- to do any or all of the following:
Online Kids Club and Other Programs
BK Canada 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.
BK Canada 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, BK Canada 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.
Trademarks and Copyrights
All trademarks, logos, and service marks displayed on the Website are registered and unregistered Trademarks of Burger King Corporation 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 Burger King Corporation’s trademarks on any other website is strictly prohibited. All of the materials contained on the Websites are copyrighted except where explicitly noted otherwise. Burger King Corporation will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Burger King Corporation 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 Burger King Corporation. 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 BK Canada at the address set forth below and providing the following information:
Burger King Corporation
Please indicate- Copyright Infringement in the Copy Line of any Email.
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, Burger King Corporation maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Websites who are repeat infringers.
The Websites may contain hyperlinks to third-party websites. BK Canada 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 BK Canada 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, BK CANADA, ITS PARENT, SUBSIDIARIES, AND AFFILIATES (THE "BK CANADA 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 CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU OR MAY NOT APPLY FULLY TO YOU. The BK Canada 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 of 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 BK CANADA 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 BK CANADA 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 BK CANADA 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, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE BK CANADA ENTITIES’, THEIR AGENTS’, REPRESENATIVES’ AND SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Questions? Comments? Please send an email to us at http://www.bk.com/contactus.
Date: July 13, 2016
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