TERMS OF USETERMS OF USE By using the morphing tool game (the "Service") you hereby agree to be bound by the

provisions of these Terms of Use ("TOU") and the Website Terms and Conditions and the Privacy Policy. If you do not agree, you are not permitted to use the Service. If you are under 18 years of age, please ask one of your parents to read these TOU and discuss them with you before you use the Service. 1. CONTENT If you are under 18 years of age, please check with your parents before sending us anything. You understand that all files, images and photos (collectively, "Content") uploaded to, posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content you upload, post, email or otherwise make available via the Service. McDonald's will not be required to treat any Content as confidential. You understand that McDonald's do not control, and are not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, offensive, or objectionable. You hereby waive any legal or other remedies you may have against McDonald's with respect to such Content. E-mails containing a link to the Composite are not private messages and may be accessed, viewed, or redistributed by others via the Internet without your knowledge or permission. Composites will not be acknowledged or returned. By using the Service, you agree not to: i) transmit Content or reproduce, duplicate, copy, sell, resell or exploit or otherwise use the Service for commercial purposes, ii) publish misrepresentations that could damage McDonald's or any third party, iii) attempt to collect other user's data or Content, iv) submit materials that are unauthorized, unlawful, obscene, defamatory, libelous, threatening, pornographic, offensive, or which encourages conduct that would be considered a criminal offense, give rise to intellectual property or other civil liability, violate any law, or is otherwise inappropriate. McDonald's reserves the right in its sole discretion to delete any such Content you provide in violation of these TOU. You agree that you will not submit Content or otherwise use the Service in any manner that would interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology. You shall be solely responsible for the Content and the consequences of posting or publishing it. In connection with the Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all aspects of the Content, including without limitation, all patent, trademark, trade secret, copyright, privacy, publicity or other intellectual property or proprietary rights, in and to any and all of the Content, and to allow this use and distribution of the Content by the Service. Specifically, you agree that you will not submit Content protected by any third party intellectual property or other proprietary rights, including rights of privacy and publicity, unless you are the sole owner of such rights or have permission from their rightful owner to post the material in the Content and to grant all of the license and other rights granted herein. For example, Content must not include: (a) trademarks owned by third parties, including consumer brands or brand names; (b) copyrighted materials owned by others (including written dialogue or clips from movies, musical compositions, stock images, photographs); (c) names, likenesses, or other indicia identifying celebrities

and other public figures, living or dead; (d) look-alikes of celebrities or other public figures, living or dead, or (e) personally identifiable information regarding a minor except as permitted by law. You represent and warrant that you have the written consent, release, and/or permission of each and every identifiable individual person (or his/her parent or guardian, if a minor) in the Content to allow the use of the name and/or likeness of such identifiable individual person(s) and to enable the use and distribution of the Content in any manner. 2. NON-COLLECTION OF PERSONAL INFORMATION In providing the Service, McDonald's will not collect any of your personal information. This is subject to change if required by law or in a good faith belief that such access, collection or disclosure is reasonably necessary to: (i) comply with legal process; (ii) respond to claims that any e-mail messages violate the rights of third parties; (iii) protect the rights, property or personal safety of McDonald's, the users of the Service and the public. Under no circumstances will McDonald's (or any of its respective affiliates, representatives, employees or agents) be liable in any way for any Content you have provided in using the Service, including, but not limited to any errors or omissions in such Content, or any loss or damage of any kind incurred as a result of the review and/or use of such Content. 3. LIMITATIONS ON SERVICE You acknowledge that McDonald's may establish limits concerning use of the Service, including the maximum number of days that Content and/or Composite will be retained by the Service, the maximum number and size of postings, email messages, or other Content and/or Composites that may be transmitted. 4. TERMINATION OF SERVICE You agree that McDonald's, in its sole discretion, has the right, but not the obligation, to block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if McDonald's believes that you have acted inconsistently with the letter or spirit of these TOU. Further, you agree that McDonald's shall not be liable to you or any third-party for any termination of your access to the Service, and you agree not to attempt to use the Service after said termination. 5. PROPRIETARY RIGHTS The Service is protected to the maximum extent permitted by copyright laws and international treaties. The Composite displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service or the collective work, meaning, the Composite, and/or copying or reproducing the Service or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of McDonald's. Although McDonald's does not claim ownership of Content that users upload, post, email or otherwise make available via the Service, you automatically grant, and you represent and warrant that you have the right to grant, to McDonald's an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, sublicenseable, transferable, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of

the foregoing always only for the purposes of the Service. Furthermore, by uploading, posting, emailing or otherwise making available via the Service, Content, you automatically grant McDonald's all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. 7. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, McDONALD'S DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, McDONALD'S DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 8. GENERAL INFORMATION These TOU coupled with the Website Terms and Conditions and Privacy Policy constitute the entire agreement between you and McDonald's and govern your use of the Service, superseding any prior agreements between you and McDonald's. Should there be any conflict of terms between these TOU, the Website Terms and Conditions and the Privacy Policy, these TOU shall prevail with regard to your use of the Service. These TOU and the relationship between you and McDonald's shall be governed by the laws of the State of Illinois, United States of America without regard to its conflict of law provisions. The failure of McDonald's to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU, or part thereof, 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 these TOU 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 use of the Service or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. 8. CHANGES TO THESE TOU McDonald's may make changes to these TOU from time to time. When these changes are made a new copy will be available at [insert the URL for this page here].