McCain General Legal Notices
USER AGREEMENT FOR MCCAIN FOODS LIMITED OPERATED WEBSITES
Welcome to this McCain operated Website!
We've designed our websites to be useful, informative and fun. We hope we've succeeded—and we hope you'll let us know how we can make them even better.
All we ask in return is that you abide by the Terms and Conditions that follow. Please read them carefully, because by using our websites you agree to them. If you do not agree to them, please do not use our websites.
Thanks for visiting!
Copyright © 2001–2010 McCain Foods Limited. All rights reserved.
Limited License
Except as expressly provided below, you agree not to reuse material from www.mccain.com or from any other World Wide Website operated by McCain. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you get our written consent — first. The only exceptions are as follows:
As a member of the public, McCain grants to you a limited license to display on your computer, print, download and use the underlying HTML text, audio clips, video clips and other content that is made available to you on our websites, for personal, non-commercial purposes only, provided that:
(a) you do not modify or misrepresent any such content; and
(b) you include with and display on each copy of such content the associated copyright, trademark or other proprietary notices and this limited license.
That means that we retain full and complete title to the software and to all of the associated intellectual property rights. So you're not allowed to redistribute or sell the material — or to reverse-engineer, disassemble, or otherwise convert it to any other form that people can use. Normal exceptions regarding the reproduction and redistribution of content authorized for release to the media apply.
You agree that you will not use any McCain content in a way that suggests any association, affiliation or endorsement between you or your products and those of McCain. Specifically, it is prohibited to create frames around any part of any of our websites or use other techniques that alter the visual presentation of our websites.
No rights are granted with respect to McCain trademarks. Any unauthorized use of McCain trademarks is strictly prohibited.
Prohibited Uses
No other use is permitted. For example, without the prior written consent of McCain, you may not, nor may you allow others to, directly or indirectly:
(a) remove, from any copy of the content on our websites, the copyright or other proprietary notices contained in the content on our websites;
(b) sell, modify or attempt to modify the content of our websites in any way or reproduce or publicly display, perform or distribute, or otherwise use any content on our websites for any public, commercial, or non-educational or non-personal purpose, including, without limitation, use of the content on any other website;
(c) transfer any of the content on our websites to any other person;
(d) except as expressly permitted in the limited license described above, print or copy any of the HTML or other computer software that is accessible at our websites;
(e) use our websites in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse our sites or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through our websites (including without limitation uploading, posting or otherwise transmitting on our sites computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on our websites’ infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from our websites or the content on our websites in whole or in part);
(f) use or attempt to use another's account, password, or other information in connection with our websites; create or use a false identity on our websites, or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; attempt to obtain unauthorized access to our websites; or send to our websites or McCain any incomplete, false or inaccurate information;
(g) disrupt or interfere with any other person's use or enjoyment of our websites or affiliated or linked websites, or any services thereof; or
(h) delete or revise any of the content posted on our websites.
Compliance with Law
You agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of content on our websites, and that you will comply with all laws that apply or may apply to your use of activities or content on our websites or in respect of the content on our websites. McCain will investigate occurrences that may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. McCain reserves the right at all times to disclose any information regarding your usage of content on our websites as necessary to satisfy any law, regulation or governmental request.
Additional Terms of Use
Certain areas of our websites may be subject to additional terms of use (including such terms as govern specific promotions, contests or other programs on our sites) (the "Additional Terms of Use"). You agree that by using such areas, or any part thereof, you agree to be bound by the Additional Terms of Use applicable to such areas. This User Agreement, together with the Additional Terms of Use, constitute the entire agreement between you and McCain with respect to the subject matter hereof, and supersedes all communications, representations or agreements, either oral or written, between you and McCain or its affiliates with respect to this subject matter. In the case of any conflict between this User Agreement and the Additional Terms of Use, this User Agreement shall govern.
Jurisdiction and Choice of Law
Unless otherwise specified, the materials in our websites are presented to provide information about McCain and its products.
McCain controls and operates its websites from the company's headquarters in Florenceville, New Brunswick, Canada. If you use our websites from locations outside Canada, you are responsible for compliance with laws in your jurisdiction.
If any disputes arise between us regarding your use of our websites or these Terms and Conditions, such disputes will be resolved according to the laws of the Province of New Brunswick and the laws of Canada applicable therein, without giving effect to the principles of conflicts of law thereof. Any such dispute must be resolved before the Courts of the Province of New Brunswick, Canada, sitting in the City of Fredericton, and you hereby submit to the exclusive jurisdiction of those Courts. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
No Warranties
While we work hard to provide you with the most current and accurate information, we do not warrant that everything on our websites is error free or complete. McCain does not warrant the quality, accuracy, timeliness or completeness of any claims, statements or information on our websites. Further, McCain makes no representations about the suitability of any of the information contained on our websites for any purposes.
ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES AND ADVICE CONTAINED IN OUR WEBSITES OR PROVIDED BY OUR WEBSITES, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, COOKIES, PRODUCTS, AND MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FURTHERMORE, MCCAIN DOES NOT WARRANT THAT OUR WEBSITES WILL OPERATE ERROR FREE OR THAT OUR WEBSITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL EFFECTS.
Without limiting the foregoing there are no warranties that:
(a) the material is of any particular level of merchantability or fit for a particular purpose;
(b) the functional elements contained in the materials will be uninterrupted or error free;
(c) defects will be corrected;
(d) our websites or the servers that make them available are free of viruses or other harmful components; or
(e) successful results or outcomes will result from properly following any instructions, directions, or recipes contained in the materials. (We think our recipes are great, but we have no control over the conditions in your particular kitchen or household.)
In addition to the above, you (and not McCain) assume the entire cost of all necessary servicing, repair or correction resulting from your use of the McCain websites.
Disclaimer—Linked Sites
We sometimes provide access to other World Wide Websites from our websites. But we don't endorse or approve any products or information offered at websites you reach through our websites. We make no representations regarding the content or accuracy of materials on such websites. If you decide to access linked third-party websites, you do so at your own risk. Check the Uniform Resource Locator (URL) address provided in your World Wide Web browser to see if you are still in a McCain-operated website or have moved to another website.
We do not claim that McCain is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of McCain. You agree that you shall not point or link from a website directly to content within our websites without the express prior written permission of McCain. McCain reserves the right to disable links from third party websites to our websites.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MCCAIN, ITS DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY (PUNITIVE) DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE ON OUR WEBSITES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
(a) USE OF (OR INABILITY TO USE) THE WEBSITES;
(b) USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEBSITES;
(c) FAILURE OF PERFORMANCE;
(d) ERROR;
(e) OMISSION;
(f) INTERRUPTION;
(g) DEFECT;
(h) DELAY IN OPERATION OR TRANSMISSION;
(i) COMPUTER VIRUS; OR
(j) LINE FAILURE.
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING:
(a) DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
(b) DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES"); AND
(c) OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.
Submissions
McCain will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do submit material to us:
(1) All remarks, suggestions, ideas, graphics, or other information that you communicate to McCain through our websites (other than information we agree to protect under our Privacy Policy), become and remain our property, even if this agreement is later terminated.
This means that...
(a) We don't have to treat any such submission as confidential.
(b) You can't sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
(c) We can use such submission, or anything similar, for any purpose without paying you or anyone else for the submission.
(d) We will have exclusive ownership of all present and future rights to submissions of every kind. You agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trademark, unfair competition or implied contract), you assign your copyright to us and you waive your moral rights to any copyrightable work.
(2) You acknowledge that you are responsible for any submission you make — in other words, you acknowledge that you (and not we) have full responsibility for the submission, including its legality, reliability, appropriateness, originality and copyright.
Release/Indemnity
You agree to release, indemnify and hold harmless McCain, its directors, officers, agents and employees, and such other additional persons to be released and/or indemnified as identified in the terms, conditions and rules which govern specific promotions, contests or other programs on our websites (collectively referred to herein as the "Releasees") from all liability in any way relating to or arising in connection with your use of our websites including injuries, loss or damage of any kind. You acknowledge and agree that the Releasees have not made, and are not liable for, any representation, warranty or condition in respect of our websites.
Intellectual Property
McCain Foods Limited ("McCain") owns the intellectual property rights in the content in all underlying programming or has obtained permission of the owner to use the content. Our websites, including all content on our websites, are protected by copyright laws. You acknowledge and agree that our websites and the services and software used in connection with our websites contain proprietary and confidential information that is protected by applicable intellectual property laws and that your use of our websites is personal to you and is not assignable. Any copying, reproduction, modification, publishing, transmission, distribution or other use of the content on our sites for any purpose that is not authorized under this User Agreement and for which you do not receive our prior written consent is strictly prohibited.
Our logos, product names, service names and icons (the “McCain Marks”) are trademarks of McCain. You agree not to display or use in any manner the McCain Marks without our prior consent. The names and trademarks of companies or products referenced in our sites may be trademarks of their respective owners. Our display of these trademarks or tradenames does not convey or create any licence or other rights in these marks or names. Any unauthorized use of the McCain Marks is strictly prohibited.
Termination of this Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all McCain websites, along with all related documentation and all copies and installations.
McCain may terminate the license granted under these terms at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials and cease using our websites. Notwithstanding termination, you agree to be bound by these terms with respect to any previous use of our websites and any materials downloaded.
In addition, by providing material on our websites, we do not in any way promise that the materials will remain available to you. McCain is entitled to terminate all or part of any of its websites at any time, without notice to you.
Miscellaneous Points about the Terms and Conditions of this User Agreement
McCain may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.
These terms together with any online notices and all additional terms referred to herein constitute the entire agreement (including the Privacy Policy) regarding all the matters that have been discussed in the preceding paragraphs.
