PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
This Site may only be accessed and used by current employees of McDonald’s and its franchisees residing in the United States and Canada. No other persons are authorized to access or use this Site.
The following Terms and Conditions (“Terms”) apply to your use of this website (www.stationm.com and www.stationm.ca and any replacement website(s), collectively referred to as the “Site”). By using the Site, you agree to be bound by these Terms, as they may be amended from time to time. If you do not agree with these Terms, you should not use this Site. If you are under the age of majority in your state or province, please ask your parent or guardian to read these Terms and to discuss them with you before proceeding. McDonald’s reserves the right to update, change, revise or amend these Terms at any time without prior notice, and all such updates, changes, revisions and amendments shall be effective immediately upon the posting of such updates, changes, revisions and amendments on the Site. You should review these Terms often to stay informed of changes that may affect you. McDonald’s also reserves the right to change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site content, without prior notice.
SUBMISSIONS
If you are under the age of majority in your state or province, please check with your parent or guardian before posting any comments or other materials on this Site. All comments, remarks, suggestions, ideas, graphics, photographs, materials or other information posted or communicated by users through this Site (collectively, the "Submission") will forever be the property of McDonald's. McDonald's is not required to treat any Submission as confidential, so you should never transmit or post any Submission on this Site that contains any confidential, proprietary or trade secret information, whether owned by you or someone else. Without limitation, McDonald's will have exclusive ownership of all present and future rights of every kind and nature everywhere in the world to each Submission. McDonald's is and shall be entitled to use the Submission for any commercial or other purposes whatsoever without notice or compensation to or approval from you or any other person. This means that McDonald’s has the right to make, have made, offer for sale, sell, copy, distribute, perform, transmit, display, modify, adapt, and otherwise use your Submission throughout the world, in perpetuity, in any manner that it sees fit, without notice or compensation to or approval from you. By making any Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission (including without limitation permission from all persons appearing in a photograph to post that photograph on the Site), and you assign the copyright and all other rights in the Submission to McDonald’s. You agree that you are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.
In order to make this Site efficient and valuable to all participants, McDonald's reserves the right to restrict Submissions to those that are directly related to the specific subject matter of the Site. McDonald's may monitor Submissions to ensure that users adhere to these Terms and all applicable policies. McDonald's reserves the right to reject, refuse to post or remove any Submission that it considers to violate these Terms or any other policies or for any other reason as determined in its sole discretion. McDonald's shall also have the right to edit, revise or modify any Submissions as determined in its sole discretion. McDonald's may, but will not always, reply to Submissions posted on this Site. McDonald’s reserves the right to terminate any user’s access to the Site for any reason, including without limitation any violation of these Terms.
USER CONDUCT
In connection with your access to and use of the Site, you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions and you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that while accessing or using the Site you will not: (a) restrict or inhibit any other user from using or enjoying the Site; (b) represent yourself as another individual; (c) disrupt or interfere with the Site or its operation or availability, or alter or tamper with the Content (defined below); (d) post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, sexually explicit, profane, threatening, abusive, violent, discriminatory, hateful, offensive, harassing, or otherwise objectionable information of any kind, including, but not limited to, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, provincial or foreign law; (e) post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others, including without limitation a person’s full name, address, telephone number, social security number/social insurance number, employee number, personal email address and restricted passwords; (f) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication, or engage in spamming, flooding, or any denial of service attack; (g) post or transmit any data or software that may not be exported without prior written government authorization, including, but not limited to, software containing encryption capability; or (i) post or transmit any information or software which contains a virus, trojan horse, worm, adware, malware, pop-up, spider, bot, or other disabling device or harmful component.
RESTRICTIONS ON USE
You acknowledge that the information, text, data, databases, graphics, images, photographs, audio and visual clips, logos, software, and other materials contained in the Site, and the compilation, collection, design, selection, and arrangement thereof on the Site (all of the foregoing, collectively, the “Content”), constitutes valuable proprietary information that belongs to McDonald’s and its licensees and is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States, Canada and other countries.
You agree that you acquire no ownership interest by accessing and using the Site or the Content. McDonald’s grants you a limited, personal license to access and use the Site and the Content solely for non-commercial purposes, consistent with the reasonably inferable intended purposes of the Site and the Content. Any other access to or use of the Site or the Content constitutes a violation of these Terms. Other than as necessary and required to facilitate your personal, non-commercial use of the Site as provided above, you may not reproduce, perform, create derivative works from, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Site without the express, prior written permission of McDonald’s. Use of the Content, or any portion thereof, on any other website or other networked computer environment is prohibited without the express, prior written permission of McDonald’s. Accessing, using, or copying any portion of the Site or the Content through the use of bots, spiders, web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice, trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by McDonald’s in writing, in no event shall you copy, reproduce, create derivative works from, redistribute, sell, resell, or exploit for any commercial purpose all or any portion of the Site or the Content or access to or use of the Site or the Content.
If you download any software from the Site, that software, all files and images contained in or generated by the software, and any accompanying data (together, the “Software”) are deemed to be licensed to you by McDonald’s for the purposes, and on the terms, stated in the applicable documentation included with or posted on the Site in connection with the Software. McDonald’s (or its third party licensor, as applicable) owns and retains title to and all rights in the Software and, except for the license described above, neither title nor any intellectual property or proprietary rights to any Software are transferred to you. You may not resell, sublicense, assign, transfer, decompile, reverse engineer, or disassemble the Software, or otherwise convert the Software to a human or machine-readable form. Any sublicense, assignment, or transfer in contravention of the foregoing sentence shall be null and void. You may make one copy of the Software for archival purposes only.
Any Software that may be available for downloading on the Site may be subject to export controls imposed by the United States and/or Canada (as well as other countries) and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed any type of embargo, including without limitation, Cuba, Iran, Iraq, North Korea, Sudan, and Syria; (b) to any person or entity on the U.S. Treasury Department’s Specially Designated Nationals List; or (c) to any person or entity on the U.S. Commerce Department’s Denied Persons List. If you download or use any Software, you represent and warrant that you are not located in, under the control of, or a national of any such country and that you are not on any such list.
THIRD PARTY WEBSITE LINKS
The Site may contain links to other websites which are not maintained by McDonald’s. By clicking on one of these links, you will be leaving this Site and entering a website outside of McDonald’s control. McDonald’s does not endorse and is not responsible for the content of such third party websites, including any products or services referred to therein. Likewise, such third party websites do not necessarily endorse McDonald’s products or services, nor are they responsible for any of the Content of this Site. The terms of service and privacy policies applicable to external websites may be different from those applicable to this Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and McDonald’s is not liable for any loss or damage arising from your access or use of any external website.
Because this is a closed Site that is only available to authorized users, you should not post links to it on any other websites. McDonald’s prohibits site caching, the use or posting of unauthorized links to the Site, and any “framing” of the Site or any Content that causes the Site or any Content to appear in a window with any other material that does not constitute Content.
RESTRICTION OF LIABILITY AND DISCLAIMER
McDonald’s is not responsible for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, internet service providers, websites, or other connection, availability, or accessibility problems arising in connection with the use of the Site or over the course of any online or offline activities associated with the Site. McDonald’s is not liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
IN NO EVENT SHALL MCDONALD’S, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, FRANCHISEES AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR RELIANCE ON THE SITE OR THE CONTENT; (B) YOUR PARTICIPATION IN ANY ONLINE OR OFFLINE ACTIVITIES ASSOCIATED WITH THE SITE OR THE CONTENT; (C) MCDONALD’S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (D) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES; OR (E) YOUR PURCHASE OR USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES.
UNDER NO CIRCUMSTANCES SHALL MCDONALD’S, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, FRANCHISEES AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, BODILY INJURY, DEATH, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE OF THE SITE OR THE CONTENT, YOUR PARTICIPATION IN ANY ONLINE OR OFFLINE ACTIVITIES ASSOCIATED WITH THE SITE, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF MCDONALD’S WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF MCDONALD’S, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, FRANCHISEES AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. MCDONALD'S TOTAL LIABILITY 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 THIS SITE.
The Content may include technical inaccuracies or typographical errors. You understand and agree that your access to and use of the Site and the Content are at your own initiative and risk. McDonald’s does not make any promise, covenant, representation, warranty, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal through the use of the Site, or obtain any other product or service in connection with use of the Site. It is your responsibility to take appropriate precautions to ensure that any Content that you access, use, download, or otherwise obtain on or through the Site and McDonald’s are: (a) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose that you may desire to use them (subject to these Terms); and (b) free of viruses, worms, trojan horses, or other code or defects that manifest contaminating or destructive properties. You understand and agree that McDonald’s cannot and does not guarantee or warrant that any Content, or any files or software from any source, available for downloading through this Site will be free of such code or defects.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MCDONALD’S DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MCDONALD’S DOES NOT WARRANT THAT THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR THE CONTENT WILL BE CORRECTED, OR THAT THE SITE, THE CONTENT, OR ANY SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCDONALD’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THIS SITE AND THE CONTENT.
WAIVER OF JURY TRIAL
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
INDEMNIFICATION
You agree to defend and indemnify McDonald’s and its officers, directors, employees, representatives, franchisees and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party due to or arising out of: (a) any Submissions that you make and any other content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and McDonald’s; (c) your violation of these Terms; or (d) your violation of any rights of any third party. McDonald’s reserves and you grant to McDonald’s the right to assume the exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
TRADEMARK INFORMATION
The trademarks used within the Site are owned or licensed by McDonald’s Corporation and its affiliates. All third party trademarks are the property of the respective trademark owners.
PRIVACY POLICY
Information that you provide or that McDonald’s collects from you through your access to and use of the site (including any personally-identifiable information that you choose to provide) is subject to McDonald’s Privacy Policy, the terms of which are incorporated by reference into these Terms.
MISCELLANEOUS
These Terms will be governed and be interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. McDonald’s’ electronically or otherwise properly stored copy of these Terms shall be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you shall not contest the admissibility or enforceability of McDonald’s copy of these Terms in connection with any action or proceeding arising out of or relating thereto. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you, and McDonald’s may assign its rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without the prior written consent of McDonald’s. The waiver of any breach of these Terms by McDonald’s shall not be a waiver of any preceding or subsequent breach thereof. If any part of these Terms is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Site for illegal purposes may be provided to law enforcement authorities. These Terms constitute the entire agreement between the parties relating to the use of the Site.
UNITED STATES COPYRIGHT COMPLAINT PROCESS AND NOTIFICATION FORM
If you are a copyright owner and you believe that your copyright rights under United States law have been violated in any way, please complete and submit a signed copy of the form below, and send to our designated agent: Jennifer O’Malley (Legal Department), McDonald’s USA, LLC, One McDonald’s Plaza, Oak Brook, Illinois 60523. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).
Upon receipt of a fully completed and signed notification form, we will disable access to the allegedly infringing materials and will notify the individual who posted the materials that access has been disabled. If your notification is unsigned or is not on our form and does not contain the authorization language of our form, we will make reasonable efforts to work with you to obtain a properly executed notification. If any of the other information is missing from your notification, however, we will not be able to act upon your request.
Pursuant to 17 U.S.C. § 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. This counter-notification must (1) be signed, (2) include the individual's name, address and telephone number, (3) include a statement that the individual is making the counter-notification under penalty of perjury, and (4) state that the person consents to the jurisdiction of the federal district court where his or her address is located. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy of the counter-notification will be sent to you notifying you that access to the materials will be restored within ten business days following our receipt of the counter-notification unless you inform us during that time period that you have filed an action seeking a court order to restrain the individual who made the posting from engaging in infringing activity on our network and servers. If we determine that we do not want to restore access to the materials, you will not receive any further notification.
Description of your copyrighted material that has been infringed:
Registration numbers of your copyrighted material:
Description of infringing material located on our site:
URL at which infringing material is located:
Contact information at which you can be reached:
Name: Telephone number:
Address:
E-mail address: Fax number:
By signing below, you certify, under penalty of perjury under the laws of the United States of America, that (1) you are either the rights holder, or authorized to act on the rights holder’s behalf, (2) you have a good faith belief that the use of the allegedly infringing material has not been authorized, and (3) the information provided above is true and accurate.
Signature: Name: Date:
