The Lost Ring

Terms of Use

Updated as of February 28, 2008

The Lost Ring (the "Game") is a web-administered alternate reality game that will be conducted in the real world and across various media, including on the World Wide Web and mobile platforms. If you are at least sixteen years of age, you are invited to participate in this interactive, entertainment experience. You understand that the Game is for entertainment purposes only and no prizes or awards will be given in connection with Game. These terms of use (the "Terms of Use") govern the Game, the use of the <www.thelostring.com> website and related websites, as well as any websites available through mobile devices (WAP-based or otherwise) (collectively, "The Lost Ring Website") and any other activities you engage in with respect to the Game. Please read these Terms of Use carefully. If you decline the "Terms of Use" below, you are not authorized to participate in the Game or use The Lost Ring Website. By participating in the Game and/or using The Lost Ring Website YOU AGREE TO BE BOUND BY THESE TERMS OF USE and to any other guidelines or rules provided by us. In addition, when using particular areas, features and/or functions of The Lost Ring Website, you shall be subject to any posted guidelines or rules applicable to such areas, features and/or functions. The Lost Ring Website is operated by the McDonald's Corporation (herein referred to as "we", "us", or "our"). We reserve the right to modify these Terms of Use at any time. You are responsible for regularly reviewing these Terms of Use and any additional terms and conditions posted to the Terms of Use. Your continued participation in the Game and use of The Lost Ring Website constitutes your agreement to all such terms, conditions, and notices. By accepting these terms and conditions, you agree to enjoy the adventure of a lifetime. You agree to immerse yourself in solving a global mystery and help us in our mission to bring the world together through play. You agree to have fun. McDonald's is proud to sponsor The Lost Ring and bring the spirit of the Olympic Games to people around the world.

DESCRIPTION OF SERVICE

The Lost Ring Website provides users with access to content and features to learn about and participate in the Game. In order to use The Lost Ring Website and participate in the Game, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web and/or the mobile telephone voice and/or data network, including a computer and modem or other access device. We grant you a non-exclusive, limited license to access and make personal use of The Lost Ring Website, but not to download (other than page caching) or modify any portion of The Lost Ring Website, except as specifically authorized on The Lost Ring Website or otherwise with our express written consent. This license does not include: any resale or commercial use of The Lost Ring Website, the contents of The Lost Ring Website, or any element of the Game; any derivative use of The Lost Ring Website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by us; or any use of data mining, robots, or similar data gathering and extraction services. The Lost Ring Website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

OWNERSHIP

All content on The Lost Ring Website such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is our property and is protected by U.S. and/or international copyright laws. The compilation of all content on The Lost Ring Website is our exclusive property and is protected by U.S. and/or international copyright laws. Except as expressly provided in "Description of Service" above, your use of and access to The Lost Ring Website does not grant you any license or right to use any of our trademarks, trade names or copyrights.

CONTENT SUBMISSIONS

Certain portions of the Game allow you to post or upload comments, materials, information, or other content (collectively, "User Generated Content"). We do not have any obligation to, and you agree that we have no obligation to, review the User Generated Content posted and/or submitted by users accessing The Lost Ring Website, that we are not in any manner responsible for User Generated Content, that we do not guarantee the accuracy, integrity or quality of User Generated Content, and that we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on The Lost Ring Website. You acknowledge that by providing you with the ability to access and view User Generated Content on The Lost Ring Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any User Generated Content or activities of users on The Lost Ring Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily ours.

Notwithstanding the foregoing, you acknowledge and agree that we have the absolute right to monitor User Generated Content posted to The Lost Ring Website in our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.

Your User Generated Content is not confidential or proprietary. You grant to us a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later known without limitation including but not limited to the right to sublicense and assign and commercialize without any compensation due to you.

You agree that you shall immediately notify us in writing of any objectionable content appearing on The Lost Ring Website. We will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) make no warranty to you that we will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content.

Any use of any content on The Lost Ring Website, including, without limitation, User Generated Content will be at your own risk.

You may not post or otherwise distribute content to the website which we, in our sole discretion, determine to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of ours, illegal, or otherwise objectionable to us. You may not upload commercial content on The Lost Ring Website or use The Lost Ring Website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to The Lost Ring Website. You shall indemnify and hold us harmless with respect to all claims resulting from User Generated Content you supply.

COPYRIGHT AGENT

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. If you believe that your work has been copied and posted on The Lost Ring Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on The Lost Ring Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: Jennifer O'Malley
Address: 2915 Jorie Boulevard
Oak Brook, IL 60523
Fax: 630-623-5011
Email: jennifer.omalley@us.mcd.com

We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there can be penalties for false claims under the DMCA.

We may, in appropriate circumstances and in our sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing The Lost Ring Website.

REGISTRATION

Registration may be required for the use of certain portions of The Lost Ring Website, including to post User Generated Content. Your registration shall not impose any duty on us to provide any particular service to you.

If you choose to register, your username and password will be your identity for purposes of interacting with the Game and other users through the Game. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Game. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of The Lost Ring Website. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.

If any unauthorized person obtains access to The Lost Ring Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

The Lost Ring Website is not directed to children. The information supplied in connection with your registration, your participation in the Game and use of The Lost Ring Website are all subject to our Privacy Policy. Please see our Privacy Policy for more information regarding our collection and use of information.

MOBILE WEBSITES

Access to the Game or The Lost Ring Website via a WAP-enabled mobile device requires a mobile communications subscription with a participating wireless carrier. Individual carrier's standard messaging rates will apply to all SMS correspondence. Additionally, other charges, including data plans for your use of WAP and Internet browsers, may apply. All charges are billed by and payable to your wireless carrier. Please contact your wireless carrier for complete pricing details.

You must provide all equipment and software necessary to connect to the Game or The Lost Ring Website, including, but not limited to, a mobile handset or another mobile access device that is in working order and suitable for use in connection with the Game and The Lost Ring Website.

We may suspend, modify, or discontinue access to the Game or The Lost Ring Website via a WAP-enabled mobile device for any reason, to any or all users, at any time. We also reserve the right to restrict the number of users.

THIRD PARTY WEBSITES, RESOURCES AND SERVICES

You acknowledge that we may provide, or third parties may provide, links to other third party websites, resources and services. Moreover, you acknowledge that third party websites, resources and services, including, without limitation, social networking websites such as twitter.com, facebook.com and myspace.com, may contain information and content related to the Game and The Lost Ring Website. Because we have no control over such websites, resources and services, you acknowledge and agree that we are not responsible for the availability of such third party websites, resources and services, and do not endorse and are not responsible or liable for any information, content, advertising, products, services or other materials on or available through such websites, resources and services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, content, products, services or other materials on or available through any such website, resource or service.

ASSUMPTION OF RISK

You agree that your participation in the Game is at your sole risk and expense. In playing the Game, you may decide in your discretion to travel to and from and take part in activities in public settings, such as city streets, parks, and other public spaces. As a part of the Game you may decide in your discretion to interact with other players and/or the general public. By agreeing to these Terms of Use, you acknowledge and accept that any activities you take part in or actions you perform in furtherance of how you decide to play the Game, including, but not limited to, traveling to any location associated with the Game and interacting with players or the general public before, during, or after the Game, you do so at your own risk. By agreeing to these Terms of Use and participating in the Game, you further acknowledge that you may choose not to participate in these activities at any time. However, if you do participate in these activities, you agree to do so in a manner that complies with all applicable laws and to act in a safe and responsible manner.

INDEMNIFICATION

You agree to indemnify and hold us, our affiliated entities, and each of our respective officers, directors, employees, representatives and agents harmless from any claim, demand, loss, liability or damages (including reasonable attorneys' fees and costs), due to or arising out of your use of The Lost Ring Website, your participation in the Game (including any travel to and from a location and your interactions with other players and/or the general public), your violation of these Terms of Use, or your violation of any rights of another person or entity.

DISCLAIMER OF WARRANTY

YOUR USE OF THE LOST RING WEBSITE IS AT YOUR SOLE RISK. THE LOST RING WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE DO NOT WARRANT THAT THE LOST RING WEBSITE AND/OR ITS SERVERS, OR E- MAIL SENT FROM US OR THE LOST RING WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT: (i) THE LOST RING WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE LOST RING WEBSITE OR THE SERVERS THAT MAKE THE LOST RING WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LOST RING WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LOST RING WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY DEFECTS OR ERRORS OF THE LOST RING WEBSITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LOST RING WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE LOST RING WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE LOST RING WEBSITE; (ii) YOUR PARTICIPATION IN THE GAME; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE LOST RING WEBSITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE GAME OR ON THE LOST RING WEBSITE; (vi) ANY THIRD PARTY WEBSITE, SERVICE OR RESOURCE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL NETWORKING WEBSITE SUCH AS TWITTER.COM, FACEBOOK.COM AND MYSPACE.COM; OR (vii) ANY OTHER MATTER RELATING TO US.

IF DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S.$100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

NOTICE

We may provide notices of changes to these Terms of Use or other matters by posting conspicuous notices or links to notices to you generally on The Lost Ring Website. Your continued use of The Lost Ring Website following the posting of conspicuous notice of any change or modification to these Terms of Use will be subject the Terms of Use in effect at the time of your use. You agree to review the Terms of Use periodically. Your continued use of The Lost Ring Website following the posting of conspicuous notice of any modification, will be your acceptance of the modified Terms of Use.

ARBITRATION PROVISION

By participating in this Game and/or using The Lost Ring Website, you agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) that you may have against us arising out of, relating to, or connected in any way with the Game and/or The Lost Ring Website, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by the National Arbitration Forum (the "Forum") and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure (provided such location is reasonably convenient for participant), or at such other location as may be mutually agreed by the parties; (4) the arbitrator's decision shall be controlled by these Terms of Use and any of the other agreements referenced herein (including, without limitation, the Privacy Policy) that you may have entered into in connection with the Game; (5) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the your and/or our individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or us; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against us exceed $125 USD, and you are unable (or not required under the applicable Code of Procedure) to pay any fees and deposits that exceed this amount, we agree to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Code of Procedure established by the Forum, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither we nor you shall be entitled to arbitrate their dispute. For more information on the Forum and/or the Forum's Code of Procedure, participants may visit their Website at www.arb-Forum.com or contact them at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, (877) 655-7755. SOME JURISDICTIONS DO NOT ALLOW THE RESOLUTION OF DISPUTES THROUGH ARBITRATION. ACCORDINGLY, THIS ARBITRATION PROVISION MAY NOT APPLY TO YOU.

GENERAL

These Terms of Use constitute the entire agreement between you and us with respect to the Game and The Lost Ring Website and govern your participation in the Game and use of The Lost Ring Website, superseding any prior agreements between you and us. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of the Terms of Use, participation in the Game and use of The Lost Ring Website do not create a joint venture, partnership, employment or agency relationship between you and us. You may not assign, delegate or transfer your rights or obligations under the Terms of Use and any such prohibited assignment transfer shall be null and void. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The Terms of Use and the relationship between you and us shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. In the event that the Arbitration Provision is not applicable, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of Cook, Illinois. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your participation in the Game, use of The Lost Ring Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. Moreover, you agree to comply with all local rules governing your participation in the Game. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ADMINISTRATION

The Lost Ring Website and the Game are administered by an agency on behalf of McDonald's Corporation, the sponsor of the Game and owner of The Lost Ring Website.