Copyright ©2012 McCain Foods USA. All rights reserved.
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:
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 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.
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:
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.
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.
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:
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.
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.
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:
Keep in mind that we are not liable for any damages of any kind, including:
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.
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:
This means that...
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.
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.
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.
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.