McCain Foods Limited Legal Stuff
Legal Stuff

General Legal Notices

 

Welcome to this McCain-operated web site!

We've designed our web sites 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 web sites you agree to them. If you do not agree to them, please do not use our web sites.

 

THANKS FOR VISITING!

Copyright ©2012 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 web site operated by McCain.  

 

In particular, you agree not to copy, distribute, republish, upload, post or transmit anything unless you receive 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 web sites, for personal, informational, non-commercial purposes only, provided that:

  1. You do not modify or misrepresent any such content.
  2. You include with, do not delete or change and display on each copy of such content the associated copyright, trademark or other proprietary notices and this limited license.

 

You may not distribute, publish, transmit, reuse, re-post or use the content of the web site for public or commercial purposes, including, without limitation, the text, audio clips, video clips, images and other content that is made available to you on our web sites.

 

We retain full and complete title to the software and to all of the associated intellectual property rights. You are not permitted 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 web sites or use other techniques that alter the visual presentation of our web sites.

 

No rights are granted with respect to McCain trademarks. Any unauthorized use of McCain trademarks is strictly prohibited. We will actively enforce our rights.   

 

 

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:

  1. Remove, from any copy of the content on our web sites, the copyright or other proprietary notices contained in the content on our web sites.
  2. Sell, modify or attempt to modify the content of our web sites in any way or reproduce or publicly display, perform or distribute or otherwise provide access to or use any content on our web sites for any public, commercial or non-educational or non-personal purpose, including, without limitation, use to advertise or solicit business or use of the content on any other web site.  
  3. Transfer any of the content on our websites to any other person.
  4. 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 web sites.
  5. 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 web sites (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 web sites or the content on our web sites in whole or in part).  
  6. Use or attempt to use another's account, password or other information in connection with our web sites; create or use a false identity on our web sites or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; attempt to obtain unauthorized access to our web sites; or send to our web sites or McCain any incomplete, false or inaccurate information.
  7. Disrupt or interfere with any other person's use or enjoyment of our web sites or affiliated or linked web sites or any services thereof.
  8. Delete or revise any of the content posted on our web sites.

 

 

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 web sites, and that you will comply with all laws that apply or may apply to your use of activities or content on our web sites or in respect of the content on our web sites. 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 web sites as necessary to satisfy any law, regulation or governmental request.

 

 

Additional Terms of Use  

Certain areas of our web sites 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 web sites are presented to provide information about McCain and its products.

 

Information regarding McCain products and services is generally applicable around the world, but specific information may not be applicable to your country. Packaging may vary according to local regulation and preference. Not all products are offered in all regions. See local retailers for products and packaging available in your country. McCain makes no representations that the materials in this site are appropriate or available for use in other countries aside from Canada. 

 

McCain controls and operates its web sites from the company's Global Technology Centre in Florenceville, New Brunswick, Canada. If you use our web sites 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 web sites 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 web sites is error free or complete. McCain does not warrant the quality, accuracy, timeliness or completeness of any claims, statements or information on our web sites. Further, McCain makes no representations about the suitability of any of the information contained on our web sites for any purposes.

 

ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES AND ADVICE CONTAINED IN OUR WEB SITES OR PROVIDED BY OUR WEB SITES, 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 WEB SITES WILL OPERATE ERROR FREE OR THAT OUR WEB SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL EFFECTS.

 

Without limiting the foregoing there are no warranties that:

  1. The material is of any particular level of merchantability or fit for a particular purpose.
  2. The functional elements contained in the materials will be uninterrupted or error free.
  3. Defects will be corrected.
  4. Our web sites or the servers that make them available are free of viruses or other harmful components.
  5. 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 web sites.

 

 

Disclaimer: Linked Sites

We sometimes provide access to other world wide web sites from our web sites. McCain doesn’t endorse the content or any products or services available on these sites. We make no representations regarding the content or accuracy of materials on these sites. If you establish a link to these sites, you do so at your own risk and without the permission of McCain. Check the Uniform Resource Locator (URL) address provided in your world wide web browser to see if you are still in a McCain-operated web site or have moved to another web site.

 

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 web site is authorized to use any trademark, trade name, logo or copyright symbol of McCain. You agree that you will not point or link from a web site directly to content within our web sites without the express prior written permission of McCain. McCain reserves the right to disable links from third party web sites to our web sites. 

 

We may from time to time provide users of our web site with access to certain specialized content and interactive services through which you are able to display or post information and materials and certain software tools that can be used for various purposes, including to play music provided by our web site, to interact with other web site users or to create content. These services and software, the information and materials made available through the web site and all software used to make the site available are and shall remain property of McCain, its affiliates and their licensors and suppliers, and are protected by copyright, trademark, patent and/or other proprietary rights and laws. 

 

 

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 web sites 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:

  1. Use of (or inability to use) the web sites.
  2. Use of (or inability to use) any site to which you hyperlink from our web sites.
  3. Failure of performance.
  4. Use of (or inability to use) any content created by a user of our web site.
  5. Error.
  6. Omission.
  7. Interruption.  
  8. Defect.
  9. Delay in operation or transmission.
  10. Computer virus.
  11. Line failure. 
     

 

Keep in mind that we are not liable for any damages of any kind, including:

  1. Damages intended to compensate someone directly for a loss or injury.  
    Loss of profits.
  2. Damages reasonably expected to result from a loss or injury (legally, "consequential damages”).
  3. 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:

  • All remarks, suggestions, ideas, graphics or other information that you communicate to McCain through our web sites (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...

  1. We don't have to treat any such submission as confidential.
  2. We cannot be sued for using the ideas you submit (including, but not limited to, product or advertising ideas).
  3. We can use such submission, or anything similar, for any purpose without paying you or anyone else for the submission.
  4. 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. 
  5. 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 web sites (collectively referred to herein as the "Releasees") from all liability in any way relating to or arising in connection with your use of our web sites 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 web sites.

 

 

Intellectual Property

McCain owns the intellectual property rights in the content in all underlying programming or has obtained permission of the owner to use the content. If you submitted content to our web site, you are deemed to have provided consent for us and on other users of our web site to use this content. Our web sites, including all content on our web sites, are protected by worldwide copyright laws and treaty provisions. You acknowledge and agree that our web sites and the services and software used in connection with our web sites contain proprietary and confidential information that is protected by applicable intellectual property laws and that your use of our web sites 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 web sites, along with all related documentation and all copies and installations. You will terminate this agreement and your right to access our web site if you do not agree to any change made to our web site. 

 

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 web sites. Notwithstanding termination, you agree to be bound by these terms with respect to any previous use of our web sites and any materials downloaded.

 

In addition, by providing material on our web sites, 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 web sites 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. Changes will be effective when they are posted. Please check the Terms and Conditions frequently for updates.  If any term or condition or any change is not acceptable to you, you must discontinue your use of the site immediately. Your continued use of our site after any change is posted will constitute acceptance of change. These Terms and Conditions apply only to your use of our site and not any other agreement you may have with any McCain company.

 

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.