Legal Message

Terms of Use

Last revised July 17, 2014

This agreement ("Agreement") governs your use of this Facebook page (the “Site”) and your access to and use of the content, functionality, postings, links, services, and/or other materials offered on the Site (which, collectively, constitute the "Services"). By visiting the Site and/or accessing any of the Services, you agree you are bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules that may be published by McCormick on or in connection with the Site. All these rules are incorporated into this Agreement by this reference.

1. Ownership. All software, content and materials used or appearing on the Site are protected by U.S. and international copyright, trademark, and other intellectual property rights laws. No copying, sale or exploitation of material from the Services is permitted without the prior written consent of McCormick and any other applicable copyright owner. You do not acquire any ownership rights by virtue of downloading material from the Services. If we request or permit the submission of your opinions, ideas, suggestions, and other feedback ("Submissions"), by submitting any such Submissions, you grant McCormick a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for McCormick or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed.

2. Individual Use. You are only authorized to visit, view and to retain copies of pages of this Site solely for your own individual use. You may not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual use unless authorized by McCormick in writing.

3. Third Party Intellectual Property Rights. You may not use the Services to post or transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have the permission of the owner; or (iii) infringes on any intellectual property rights of others or violates the privacy or rights of publicity of others.

4. Your Privacy. By accepting this Agreement and submitting your personal information on our web site, you understand and agree that we may use, collect and share such information in accordance with our Privacy Policy as stated at http://www.mccormick.com/Privacy-Policy. IF YOU DO NOT AGREE TO THE PRIVACY POLICY AND TERMS OF USE, DO NOT PROVIDE ANY PERSONAL INFORMATION ON THE SITE OR OTHERWISE USE THE SITE. ANY SUBMISSIONS OR UPLOADS TO THE SITE MUST BE SUBMITTED BY A PARENT OR LEGAL GUARDIAN ON BEHALF OF ANY PERSON WHO IS UNDER THE AGE OF 18.

5. Links. McCormick may provide links to sites other than the Site. These sites may have their own terms and conditions, or no terms and conditions at all. We have no responsibility for those sites and provide links solely for the convenience of our visitors. These linked sites may send their own cookies to you and may collect information and use the same in a way inconsistent with McCormick's Terms of Use as stated herein. McCormick does not endorse linked sites and McCormick is not responsible for the content or privacy policies of any linked site. Hence, McCormick cannot be held responsible for those sites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off of those sites and external sources.

6. User Generated Content. McCormick is not responsible for the content of posts, uploads or other communications posted by users. McCormick reserves the right to delete, move, or edit content of any such communications that McCormick, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. McCormick is not responsible for such third party communication, does not endorse, adopt or sponsor any third party statements, and is not obligated to respond to or correct misstatements made by third parties. McCormick is not liable for the content of any such communications, whether or not implicating the laws of copyright, trademark, libel, privacy, obscenity, or otherwise.

By posting or uploading any photographs, works of authorship, artwork, graphics or text (“Content”) to the Site:

  • a. You grant McCormick a worldwide, non-exclusive, fully paid, royalty-free, transferable, sub-licensable license to publish and/or display the Content on any McCormick website (such as www.mccormick.com), mobile app (such as FlavorPrint) or social media page (such as McCormick’s Pinterest® Instagram® or other Facebook® pages), or in any other medium, print, digital or otherwise.

  • b. You grant McCormick a worldwide, non-exclusive, fully paid, royalty-free, transferable, sub-licensable license to use, reproduce, edit, modify, market, store, distribute, have distributed, reproduce, re-arrange, change, add to or delete from, translate, adapt or otherwise revise and/or alter the Content, or any display thereof; publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Content, for editorial, commercial, promotional and all other purposes, and/or combine or compile it with other content, and publish and/or display that edited, modified, combined or compiled content on the Site and/or on any McCormick website, mobile app or social media page, or in any other medium, print, digital or otherwise.

  • c. You agree that McCormick cannot and will not be responsible for the Content.

  • d. You confirm that you are 18 years old or older, reside in the United States or the United Kingdom, and have the authority to enter into this agreement.

  • e. You confirm that McCormick may remove any Content if McCormick believes that it violates this Agreement, its Privacy Policy or any third party right.

  • f. You understand that McCormick may not include attributions of authorship, ownership, creation or otherwise with any Content.

  • g. You understand that McCormick is not under any obligation to use, display or publish the Content, and may remove it at any time, for any reason.

  • h. You confirm that:

    • a. all Content, including photographs, was created by You;

    • b. You own all intellectual property rights to the Content, and

    • c. No third party right is violated by your posting or uploading of Content.

7. Right to Revise this Agreement. McCormick has the right at any time to revise and to otherwise modify this Agreement, and to impose new or additional terms or conditions (collectively, "Additional Terms") on your use of the Services. Such Additional Terms are effective immediately and are incorporated into this Agreement when posted by McCormick to the Site. Use of the Site following such notice indicates your acceptance of all such Additional Terms.

8. Revision/Termination of the Services. McCormick has the right, at any time, to modify or discontinue, temporarily or permanently, the Services, and/or to refuse or restrict anyone from access to any of the Services, with or without notice and in its sole discretion. McCormick shall not be liable for any modification, suspension or discontinuance of any Services.

9. McCormick Makes No Warranties. YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. McCORMICK DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, McCORMICK DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THE CONTENT IS ILLEGAL IS EXPRESSLY PROHIBITED. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.

10. Limitation of Liability. McCORMICK IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF McCORMICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF McCORMICK FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).

11. Choice of Law. The Services are controlled by McCormick from within the State of Maryland, USA. By accessing the Services, you agree that the laws of the State of Maryland, USA govern all matters relating to this Agreement, and the use, or inability to use, the Services, and that such laws will apply without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction and venue of the State and Federal courts in Maryland, USA. Regardless of any law to the contrary, any claim or cause of action related to the Services must be commenced within one (1) year after such claim or cause of action arose or be forever barred.

12. Miscellaneous Terms. This Agreement constitutes the entire agreement between you and McCormick with respect to the subject matter addressed herein, and governs your use of the Site and Services, superseding any prior agreements between you and McCormick relating to such subject matter. This Agreement may be supplemented by any other agreement you enter into with McCormick pursuant to a registration to access certain features of the Site. The failure of McCormick to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal effect. McCormick’s Services are not intended for use by or availability to minors.

McCormick DMCA Policy

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, McCormick & Company, Incorporated (“McCormick”) will respond expeditiously to claims of copyright infringement committed using this Facebook page (the "Site") that are reported to McCormick's Designated Copyright Agent, identified below.

Notifying McCormick of Copyright Infringement: To provide McCormick with notice of an infringement, you must provide a written communication to the attention of McCormick's Designated Copyright Agent at notice@mccormick.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:

  • 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • 2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • 3. a description of where the material that you claim is infringing is located or found on the Site;

  • 4. your address, telephone number, and email address;

  • 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • 6. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

You may also deliver the above information by mail to McCormick’s Designated Copyright Agent at:

McCormick Designated Copyright Agent
McCormick & Company, Incorporated
211 Schilling Circle
Hunt Valley, MD 21031

Providing McCormick with Counter-Notification: If McCormick removes or disables access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide McCormick with a counter notification by written communication to the attention of McCormick’s Designated Copyright Agent at notice@mccormick.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney. We will need the following information from you:

  • a. your address, telephone number, and email address;

  • b. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Site before it was removed or access to it was disabled;

  • c. a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification;

  • d. a statement by you that you consent to the jurisdiction of a Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which McCormick may be found, and that you will accept service of process from the person who provided the original notification under subsection (c)(1)(C) or an agent of such person; and

  • e. your electronic or physical signature.

You may also deliver the above information by mail to McCormick’s Designated Copyright Agent at:

McCormick Designated Copyright Agent
McCormick & Company, Incorporated
211 Schilling Circle
Hunt Valley, MD 21031

For a full understanding of any rights and/or remedies you may have in the case of any infringement, please consult with an attorney.