User Agreement for McCain Foods Limited Operated Web Sites
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 site you agree to them. If you do not agree to them, please do not use our web site.
Thanks for visiting!
Copyright © 2011 McCain Foods Limited. All rights reserved.
McCain Foods Limited (“McCain”) owns the intellectual property rights in the content in all underlying programming or has obtained permission of the owner.
You agree not to reuse material from www.mccain.com or from any other World Wide Web site operated by McCain. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you get our written consent — first. There are two exceptions, which are described in the next section.
The first exception is for members 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 site, for your 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 media material would apply.
No rights, other than displays, are granted with respect to McCain trademarks. Any unauthorized use of McCain trademarks is strictly prohibited.
While we work hard to provide you with the most current and accurate information, we do not warrant that everything on our web site be error free or complete. McCain does not warrant the quality, accuracy, timeliness or completeness of any claims, statements or information on our web site. Further, McCain makes no representations about the suitability of any of the information contained on this web site for any purposes.
ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES AND ADVICE CONTAINED IN THIS WEB SITE OR PROVIDED BY THIS WEB SITE, 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 THE WEB SITE WILL OPERATE ERROR FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL EFFECTS.
This includes (but is not limited to) 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 sites or the servers that make them available are free of viruses or other harmful components.
(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 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.
We sometimes provide access to other World Wide Web sites from our sites. But we don’t endorse or approve any products or information offered at sites you reach through our site. We make no representations regarding the content or accuracy of materials on such web sites. If you decide to access linked third-party web sites, 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 site or have moved to another site.
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…
(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.
Limitation of liability
IN NO EVENT SHALL MCCAIN, ITS DIRECTORS, OFFICERS 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 THIS WEB SITE 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:
– USE OF (OR INABILITY TO USE) THE SITES;
– USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES;
– FAILURE OF PERFORMANCE;
– DELAY IN OPERATION OR TRANSMISSION;
– COMPUTER VIRUS; OR
– LINE FAILURE.
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”); 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.
Unless otherwise specified, the materials in our sites are presented to provide information about McCain and its products.
McCain controls and operates its sites from the company’s headquarters in Florenceville, New Brunswick, Canada. We in no way imply that the materials on the sites are appropriate or available for use outside Canada. If you use our 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 this web site, such disputes will be resolved according to the laws of the (Province of Ontario) and the (laws of Canada) applicable therein, without giving effect to the principles of conflicts of law thereof, and the courts of the (Province of Ontario) shall have exclusive jurisdiction over all claims. 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.
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 sites, along with all related documentation and all copies and installations.
McCain may terminate this agreement at any time and without notice to you if, in its sole judgement, you breach any term or condition of this agreement. Upon termination, you must destroy all materials and cease using this web site. Notwithstanding termination, you agree to be bound by these terms with respect to any previous use of this web site 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. And 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.
© 2011 McCain Foods Limited. All rights reserved.