Burger King Toospecial.com Terms of Use

TooSpecial.com Site Terms of Use

These Terms of Use govern your use of the TooSpecial.com website (the “Site”) owned and operated by Burger King Corporation (“BKC”). Please read them carefully before using the Site.

Agreement to Terms

By using the Site or posting Photographs on the Site, you agree to these Terms of Use and the BKC General Privacy Policy. Each time you use the Site, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, please stop using the Site.

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 Site. 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 stop using the Site.

Uploading Photographs

You may only upload Photographs to the Site if you are a resident of the United States and over eighteen (18) years of age, or the age of majority in your jurisdiction of residence, whichever is older.

Photographs may not infringe the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party. Please ensure that your Photograph does not contain any visible logos, drawings, cartoons, photographs, pictures, phrases or trademarks (other than those of BKC), or other third-party materials.

Photographs may not include content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity.

Grant of Rights

By uploading a Photograph, you understand and agree that: (a) BKC may create a video (“Video”) that uses, embodies, and/or incorporates the Photograph, your name, your city, and your state (“Name and Location”); and (b) you may have the option to upload the Video to YouTube and/or send the Video to a friend. Accordingly, you hereby grant to BKC, its parents, subsidiaries and affiliated companies and each of their respective agents (including, without limitation, Crispin Porter & Bogusky LLC), licensees, successors, and assigns (collectively, the “BKC Entities”), the right, in its sole discretion, to distribute, publish, exhibit, digitize, composite, morph, scan, duplicate, broadcast, display, reproduce and otherwise use and exploit the Video, Photograph, Name and Location, and any material based thereon or derived therefrom, edited or altered as BKC in its sole discretion so chooses, together with any other material (whether fictional or non-fictional), in any manner or media whatsoever (including, without limitation, on YouTube, and as part of an electronic mailing send-to-a-friend function) anywhere in the world for any purpose which BKC Entities deems necessary or desirable.

By uploading a Photograph, you further irrevocably waive any and all so-called moral rights you may have in the Video and/or the Photograph and you agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of your name, picture, image, likeness, or biographical information.

Notwithstanding the foregoing, you understand that BKC shall have no obligation to use the Video, the Photograph, and/or the Name and Location, and BKC may, at any time, deny you permission to post the Video to YouTube or cause/allow the Video to be removed from YouTube or any other media whatsoever, for any reason.

Representations, Warranties, and Indemnification

By uploading a Photograph, you represent and warrant to BKC that: (a) you have reached the age of majority in your state of residence; (b) you are the only person who appears in the Photograph you are submitting (or if you are not the only person who appears in the Photograph, you have secured all rights from all other persons appearing in the Photograph necessary to allow you to grant to BKC the rights referred to in the preceding paragraph); (c) the Photograph is previously unpublished, is a previously unproduced work and is original to you (or if you are not the person that took the Photograph, the person that took the Photograph has granted to you all rights necessary to allow you to grant to BKC the rights referred to in the preceding paragraph); (d) the contents of the Photograph are wholly original with you (or if you have included any third-party materials in the Photograph, you have secured all rights in the third-party materials necessary to allow you to grant to BKC the rights referred to in the preceding paragraph) and are not the subject of any actual or threatened litigation or claim; (e) neither the Photograph, nor the use of the Photograph by BKC will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. You hereby agree to indemnify BKC and hold BKC harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of your warranties, representations or agreements hereunder.

Photographs Posted by Other Users

BKC is not responsible for, and does not endorse, Photographs in any posting made by other users on the Site. 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 Photographs posted by a third party on the Site. If you become aware of misuse of the Site by any person, please contact BKC at the following mailing address or telephone number:

Mailing Address:

Burger King Corporation
Consumer Relations Department
5505 Blue Lagoon Drive
Miami, Florida 33126

Phone: 305-378-3000

Copyright Protection

If you believe any Photographs on the Site infringes your copyright, you may request removal of such Photographs (or access thereto) from this web site 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 e-mail to jdecastro@cpbgroup.com.

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 Site who are repeat infringers.

BKC Trademarks and Copyrights

All trademarks, logos, and service marks displayed on the Site 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”). Users 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 Site 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 Site will not infringe rights of third parties not owned by or affiliated with BKC. Use of any materials on the Site is at User’s own risk.

No Warranties

BKC uses reasonable efforts to include accurate and up-to-date information on the Site; however, BKC makes no warranties or representations as to the accuracy of this information. BKC assumes no liability or responsibility for any errors or omissions in the content of the Site, any failures, delays or interruptions in the delivery of any content contained on the Site, or any losses or damages arising from the use of the content provided by the Site.

Applicable Laws And Venue

All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of site users and BKC in connection with the Site, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Florida, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida.

Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.