Terms of Use

Thank you for visiting our website. This site (the “Site”) is operated by Burger Keeper, LLC (hereinafter “Burger Keeper”, “we”, “us”, “our” and/or similar references). BY ACCESSING OR USING THIS SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE “TERMS OF USE”).

Your Use of our Website

You may use the Site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy (the “Privacy Policy”) and all applicable laws and regulations. We make no representations that materials on the Site are appropriate or available for use in locations other than the United States. Those who choose to access this Site from locations outside the Unites States do so on their own initiative and are responsible for compliance with all local laws. If you do not agree to and accept, without limitation or qualification, these Terms of Use, please exit our Site. You may not use or export any contents of the site in violation of U.S. export laws and regulations.

Registration and Programs

Some areas of the Site and functions are available to registered users only and require registration. Such areas may have age restrictions and by registering you represent that you are of such age and that all information you provide is true, accurate and complete. From time to time, we will run special programs on our Sites. These may be programs for registered users or for non-registered users. All program participants must comply with the official program rules. The assignment of a user name and/or password is in our discretion. You are responsible for the security of your user name and password, as well as all use of our Site under your user name and password.

Your Communication on our Site

Our Site enables you or may in the future enable you to post messages, reviews and other content on the Site and to submit comments, ideas and questions (“Submission(s)”). Please be aware that any Submissions you communicate to Burger Keeper through the Site or otherwise will be treated as non-confidential and non-proprietary. All rights, title and interest in such Submissions shall be the exclusive property of Burger Keeper with no compensation to you, and we may use such Submissions in any way, without limitation, without compensation to you. To be clear, we have the right but not the obligation to monitor, decline, translate, modify, reformat, edit, distribute, derive, remove, transmit, display and perform, publicly or otherwise, all or any portion of any Submission in any media now known or hereafter developed for Burger Keeper’s business purposes and to sublicense the foregoing rights, through corporate structures to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms of Use for any reason.

Furthermore, for each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted herein (including any music or sound rights embedded therein) and that such Submissions and the submission thereof to our Site complies with all applicable laws, rules and regulations and does not infringe on the intellectual property or other rights of any third party. Your further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. Additionally, you acknowledge and agree that Burger Keeper may have something similar to the Submissions already under consideration or in development. Burger Keeper has no control over and shall have no liability for any damages related to or resulting from the use of your public Submissions by a third party. If you choose to make any of your personally identifiable or other information publicly available in a Submission, you do so at your own risk. However, any personal data, such as your name, address, telephone number or email address, which you transmit to our Site electronically shall be used in accordance with our Privacy Policy.

You agree not to use the Site to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive or obscene material; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of any company; (v) any chain letters, pyramid schemes, spam, contests or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and/or (vii) similar information.

Restrictions

Alcohol Related

There are certain alcohol-related portions of our Sites that are restricted to visitors who are at least 21 years of age.

Personal, Non-Commercial Use

You may view our Sites and you are welcome to print hard copies of written material on it for your personal, non-commercial use. All other copying without prior written permission, whether in electronic, hard copy or other format is prohibited and all other rights are reserved.

Inappropriate Web Activity

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes anyone’s rights. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:

  1. transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us;
  2. introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code;
  3. obtain unauthorized access to any computer system;
  4. impersonate any other person;
  5. invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
  6. misrepresent the identity of a user or use a false e-mail address;
  7. tamper with or obtain access to this Site or any component of this Site;
  8. conduct fraudulent activities; or
  9. collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

Links

This Site may contain links to other sites. Burger Keeper is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Any link to another site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement by Burger Keeper. Any questions or comments relating to such other sites should be addressed to the operators of those Sites.

Copyright

The Site and all its contents including, but not limited to, all Site design, text, graphics, the selection and arrangement thereof (“Content”), are the copyright of Burger Keeper with all rights reserved unless otherwise noted. Any Content that is a trademark, logo or service mark is also a registered and/or unregistered trademark of Burger Keeper or others. Your use of any Content, except as provided in these Terms of Use, without the prior written permission of the Content owner is strictly prohibited. You are also advised that Burger Keeper will aggressively enforce its intellectual property rights to the fullest extent of the law.

You may not copy, use or retransmit anything from or on the Site without permission. You may download one copy of the contents of the Site to one computer for your personal and noncommercial home use provided you do not change any copyright, trademark or other proprietary notice. Any commercial or promotional distribution, publishing or exploitation of the site or any of its content, code, data or materials thereon is strictly prohibited. You are prohibited from engaging in any conduct that interferes with the technological operation of the site or that tampers with any copyright protection applicable to the content of the site. Ignoring this policy may result in copyright, trademark or other intellectual property violations.

Trademarks

Our sites include protectable service marks, trademarks and trade dress owned and/or licensed by Burger Keeper and its affiliates. Any use of our service marks, trademarks or trade dress including, reproduction for purposes other than those noted above, modification, distribution, or republication, without the prior written permission of Burger Keeper, is strictly prohibited. All trademarks not owned or exclusively licensed Burger Keeper and its affiliates that appear on the site are the property of their respective owners.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Please see our DMCA policy for more information.

General Disclaimer

We provide our Site, including without limitation its contents, on an “as is” basis and make no representations or warranties of any kind with respect thereto. In addition, although we make an effort to keep our Site current and accurate, we do not represent or warrant that the information accessible via our Site is accurate or complete and current pricing and availability information is subject to change without notice. Burger Keeper assumes no responsibility for any problems or technical malfunction to telephone networks or lines, computer online systems, servers or providers, computer equipment, software, failure of email, email traffic congestion or any combination thereof, including any injury or damage resulting from any such problems or malfunctions. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH ARE DISCLAIMED). Burger Keeper does not represent or warrant that your use of the site will be uninterrupted, error free, secure, free of viruses or other harmful components, or that the content is accurate or correct. Your use of this site is solely at your own risk. Because some jurisdictions do not permit the exclusions of certain warranties some of these exclusions may not apply to you.

Limitation of Liability
Under no circumstance shall Burger Keeper or the managers, directors, officers, employees, agents, contractors, counsel, successors and assigns for Burger Keeper or any affiliates be liable to you or any third party for any damages or injury whether direct, indirect, punitive, incidental, special or consequential that results from loss of data, loss of income or profit, the use of or inability to use this site or any portion thereof including, without being limited thereto, any offering that may be made therein, even if Burger Keeper has been advised of the possibility of such damages. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Burger Keeper had been advised of the possibility of such liability. The total liability of Burger Keeper to you for all losses, damages and causes of action (in contract, tort, including without limitation, negligence or otherwise) will not be greater than the amount you paid to access the site. Because some jurisdictions do not allow the exclusion of incidental or consequential damages the liability of Burger Keeper in such jurisdiction shall be limited to the extent permit by the law thereunder.

Indemnity

You agree to defend, indemnify and hold harmless Burger Keeper and any other party involved in creating, producing or delivering the Site, and their respective directors, members, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation lawyers’ fees) arising out of

  1. your use of, or activities in connection with, the Site;
  2. any violation of these Terms of Use by you or through your account; or
  3. any allegation that any Submission that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

Termination

You agree that Burger Keeper, in its sole discretion and without prior notice, may terminate, suspend or limit your access to or use of the Site at any time and for any reason. Cause for such termination, limitation of access or suspension shall include, but not be limited to,

  1. a breach or a violation of the TOU or other incorporated agreements or guidelines,
  2. requests by law enforcement or other government agencies,
  3. discontinuance or material modification to the Burger Keeper Services (or any part thereof),
  4. unexpected technical or security issues or problems,
  5. extended periods of inactivity, and/or
  6. engagement by you in fraudulent or illegal activities.

Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Burger Keeper’s sole discretion and that Burger Keeper shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Burger Keeper Services. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that the Site may immediately de-activate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither the Site nor Burger Keeper will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.

Filtering

Pursuant to 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: http://www.stayafe.org.

Notices

Burger Keeper may provide you with notices, including those regarding changes to the TOU, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Burger Keeper Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOU by accessing the Burger Keeper Services in an unauthorized manner. Your agreement to this TOU constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Burger Keeper Services in an authorized manner.

Information, Complaints or Violations

If you have a question or complaint regarding the Site, or if you would like to report a violation of these TOU, please send an e-mail to info@5napkinburger.com. You may also contact us by writing to Burger Keeper, LLC, P.O. Box 777 New York, N.Y. 10106.

Void Where Prohibited

Although this Site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the Challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.

Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Burger Keeper with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Burger Keeper with respect to the Site.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Burger Keeper without restriction.

General Information

Entire Agreement

The TOU constitutes the entire agreement between you and Burger Keeper and governs your use of the Site, superseding any prior version of this TOU between you and Burger Keeper with respect to the Site.

Choice of Law and Forum

You and Burger Keeper each agree that the TOU and the relationship between the parties shall be governed by the laws of the State of New York without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOU, or the relationship between you and Burger Keeper, shall be brought exclusively in the courts located in the county of New York, the U.S. District Court for the Southern District of New York. You and Burger Keeper agree to submit to the personal jurisdiction of the courts located within the county of New York, Southern District of New York, and agree to irrevocably waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. In addition, you expressly waive any right to a jury trial in any legal proceeding against Burger Keeper or their respective officers, members, directors, employees, agents or successors under or related to these Terms of Use.

Waiver and Severability of Terms

The failure of Burger Keeper to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

No Right of Survivorship and Non-Transferability

You agree that your Burger Keeper account is non-transferable and any rights to your Burger Keeper ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Burger Keeper Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Titles

The section titles in the TOU are for convenience only and have no legal or contractual effect.

Terms and Condition Changes

Burger Keeper may, at any time, revise these Terms of Use by updating this posting. You continued use of our site indicates your consent to such Terms of Use. You are bound by any revisions and should therefore periodically visit this page to review the then current Terms of Use.

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