Privacy Policy and Terms of Use Agreement

Privacy Policy

Your privacy is important to us. If you have any questions about this Privacy Policy, please feel free to contact us, or email us at privacy@mennoniteheritageportrait.ca or write to us at:

Privacy Officer
Mennonite Heritage Portrait
c/o Centre for Community Mapping
160 Columbia St. W., Ste. 3
Waterloo, ON N2L 3L3

  1. What's Covered in this Privacy Policy

    1. This policy applies to all of the services offered by Mennonite Heritage Portrait (MHP)

    2. This policy covers how MHP treats your personal information.

      • Personal information is any information about you that is personally identifiable (such as your name, address, email address, or phone number), and that may not be commonly or publicly available, but does not include the name, title or business address or telephone number of an employee of an organization as specified by the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada's private-sector privacy law.

    3. This policy does not apply to practices of companies that are not owned or operated by MHP, or to people who are not employed or managed by MHP.

  2. Information: Collection & Usage

    1. We collect personal information when you register with MHP and each time you use our services. We may collect personal information when you enter promotions, giveaways, or other contests hosted by MHP.

    2. We only collect personal information relevant to the purposes identified at the time of collection or those listed in this Privacy Policy and Terms of Use Agreement. We collect information fairly and lawfully, and directly from individuals wherever possible.

    3. We will only collect personal information with your knowledge and consent, except in limited situations as permitted by law. Collection may be with your express consent (for example, where you voluntarily provide information on a form in MHP for purposes you clearly understand and agree to) or by declining an opportunity to opt-out of our collection or use of your personal information. Opt-out consent will be used only for non-sensitive information where we believe that the privacy impacts are low and you will be provided with sufficient notice of your right to opt-out of such uses (for example, non-mandatory fields on a form in MHP).

    4. When you register, we will ask for information such as your name, account password, and email address. We may also ask for your date of birth, postal code, occupation, industry, and personal interests. You are not anonymous to us when you register with and sign- in to use MHP.

    5. MHP may use the personal information for the purposes described in section 3 below, as well as for:

      • Customizing the advertising and content you see on the site;

      • Research and analysis to maintain, protect, and improve our services;

      • Ensuring our systems and network are functioning;

      • Fulfilling your requests for products and services, including the development of new services;

      • Contacting you;

    6. We automatically receive and record information in our server logs, including your IP address and cookies which may uniquely identify your browser. These server logs may also include your browser type, browser language, the date and time of your request.

    7. Cookies: A cookie is a file containing a character string that uniquely identifies your browser.

      • When you visit MHP, we may set and access cookies on your computer;

      • If your browser is set to refuse all cookies, some features of our site may not work properly;

      • We use cookies to improve the quality of our services by storing user preferences;

    8. When you send email or other messages to us, we may retain those messages in order to process your inquiries, respond to your requests, and improve our services.

  3. Disclosure and Use of Personal Information

    MHP processes personal information only for the purposes outlined and in accordance with this policy, any other future service-specific privacy notice and is based upon the Canadian Standards Association (CSA) Model Code and reflects as well the requirements of applicable legislation. We retain the right to review our data collection, storage, and processing procedures to ensure that we only collect, store, and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but it is important that you keep your information updated and current.

    Disclosing Personal Information:

    1. We do not rent, sell, or share personal information about you with other people or companies without your permission.

    2. Notwithstanding the above, if we have a good faith belief that access, use, storage or disclosure of such information is reasonably necessary, we may share your personal information under the following circumstances:

      • To satisfy any applicable law, regulation, legal process, or enforceable governmental request (which may include, but is not limited to, subpoenas, court orders, legal process, or establishing or exercising our legal rights or defending against legal claims);

      • To enforce applicable Terms of Service, including investigation of potential violations thereof;

      • To detect, prevent, investigate, or otherwise address fraud, security or technical issues; or

      • To protect against imminent harm to the rights, property or safety of MHP, its users, or the public, as required or permitted by law, and to protect against potential threats to the physical safety of another person.

    3. We may share certain pieces of non-personal information with third parties (such as the number of users who clicked on a particular advertisement), but that information shall not identify you individually.

    Using Personal Information:

    1. MHP may display targeted advertisements based on personal information. Advertisers and ad serving companies may assume that people who view or click an ad meet such targeting criteria (such as, women ages 18-24 in a particular geographic area).

    2. We do not provide any personal information to an advertiser when you click or view an ad.

    3. Our advertisers may include financial service providers (such as banks, insurance agents or mortgage lenders), as well as non-financial companies (such as stores or software companies).

  4. Information Security; Confidentiality:

    1. We have implemented security measures to protect against unauthorized access, unauthorized alteration, disclosure, or destruction of data, including (but may not be limited to):

      • Internal reviews of our data collection, storage, and processing practices and security measures; and

      • We limit or restrict access to personal information about you to our employees (including our contractors).

    2. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.

  5. Editing and Deleting Your Account Information:

    1. You can edit your personal information in your account at any time.

    2. Upon request, we will inform you if we hold any personal information about you, we will tell you how and why it is being used or disclosed and provide you with access to this information.

    3. Should you wish to see the full contents of an information file, you must make a formal written request and mail it to:
      Privacy Officer
      Mennonite Heritage Portrait
      c/o Centre for Community Mapping
      160 Columbia St. W., Ste. 3
      Waterloo, ON N2L 3L3

    4. We reserve the right to send you communications relating to our service, such as announcements, administrative messages, and any newsletters that may be published, without offering you the opportunity to opt out of receiving them.

    5. You can delete your account at any time by contacting us.

  6. Changes to Policy

    1. We reserve the right to update and/or change this policy from time to time without notice to you.

    2. For any major or significant changes which require your consent, such as the way we treat your personal information, we will send a notice to the primary email address listed on your account.

  7. Questions and/or Suggestions

    If you have any question or concerns about this policy, please feel free to contact us at any time through this website, email us at privacy@mennoniteheritageportrait.ca or write to us at:
    Privacy Officer
    Mennonite Heritage Portrait
    c/o Centre for Community Mapping
    160 Columbia St. W., Ste. 3
    Waterloo, ON N2L 3L3

Terms of Use Agreement

  1. Description of Service

    1. This document describes the Terms and Conditions (the "Terms") that apply to all the products, software, services, and web sites (collectively, the "Services") offered by Mennonite Heritage Portrait("MHP"). This is a legally binding agreement between you and MHP regarding your use of the Services.

    2. The Services may include advertisements and messages, which are necessary for MHP to provide the Services, including but not limited to service announcements, administrative messages, and other communications from MHP which shall be considered part of MHP membership. You will not be able to opt out of receiving such messages.

    3. Unless explicitly stated otherwise, these Terms will govern any new or additional features that enhance or augment the current Services.

    4. You understand that MHP assumes no responsibility for timeliness, deletion, misdelivery, or failure to store any user communications, personal settings, or information.

    5. You are responsible for obtaining access to the Services and any fees associated with third-parties (such as ISP or airtime charges) or display or delivery of advertisements. You are also responsible for all equipment necessary to access the Services.

  2. Acceptance of the Terms

    1. MHP provides the Services to you subject to the Terms, which may be updated from time to time without notice to you.

    2. When using MHP's Services, you shall be subject to any posted guidelines or rules applicable to the Services, which may be posted and amended from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.

    3. In order to use the Services, you must first agree to the Terms. You can accept the terms by using the Services. If you use the Services without accepting or agreeing to the terms, you understand that by using the Services you are accepting the Terms from that point onward.

    4. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract, or you are a person barred from receiving Services or accessing information online under the laws of Canada or other countries, including the country in which you are a resident or from which you use the Services.

  3. Use of Services by You

    1. In order to access certain Services, you will be required to provide personal information about yourself as part of the registration process for the Service.

    2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines (including any copyright laws, or any laws regarding the export of data or software to and from Canada or other relevant countries).

    3. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

    4. You understand that all information, data, text, photographs, images, video, messages, tags, or other material ("Content") that you upload, post, email or otherwise display or make available using the Service, whether privately or publicly offered, is your responsibility.

    5. MHP does not control the all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content.

    6. You agree that you are solely responsible for (and that MHP has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage incurred by MHP) of any such breach.

    7. You agree that you are solely responsible for (and that MHP has no responsibility to you or to any third party for) any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise made available via the Service.

    8. You agree not to use the Service to:

      • upload, post, email, or otherwise make available any Content that is harmful, threatening, abusive, harassing, defamatory, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable or unlawful;

      • harm minors in any way;

      • impersonate any person or entity, including, but not limited to, a MHP employee, group leader, or forum moderator, or falsely state or misrepresent your affiliation with a person or entity;

      • upload, post, email, or otherwise make available any Content that you do not have a right to make available under law or Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

      • upload, post, email, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

      • upload, post, email, or otherwise make available any material that contains software viruses or any other code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

      • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

      • "stalk" or otherwise harass another member.

  4. Provision of the Services by MHP

    1. MHP is constantly changing. You acknowledge and agree that the form, nature, and content of the Services which MHP provides may change from time to time without prior notice to you and that these changes may permanently or temporarily stop providing the Services (or any features within the Services) to you or to users generally at MHP's sole discretion, without prior notice to you.

    2. You may stop using the Services at any time. You do not need to specifically inform MHP when you stop using the Services.

    3. You acknowledge and agree that if MHP disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content contained in your account.

  5. Registration, Password, and Security

    1. You agree to provide true, current, and accurate information about yourself as prompted by the Service's registration form (the "Registration Data").

    2. You agree to maintain and promptly update the Registration Data to keep it true, current, and complete.

    3. If you provide any information that is untrue, not current or inaccurate, or if MHP has reasonable grounds to suspect that such information is untrue, not current or inaccurate, MHP has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

    4. Upon completion of the Services registration process, you will receive a password and account designation. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

    5. You agree and understand also that you are solely responsible to MHP for all activities that occur under your account.

    6. If you become aware of any unauthorized use of your password or of your account, or of any other breach of security you agree to notify MHP immediately.

    7. You acknowledge, consent, and agree that MHP may access, preserve, and disclose your account information and Content if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to:

      • comply with legal process;

      • enforce the Terms;

      • respond to claims that any Content violates the rights of third parties;

      • responds to your requests for customer services; or

      • protect the rights, property, or personal safely to MHP, its users, and the public.

    8. MHP can not and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

  6. Privacy Policy

    1. Registration Data and certain other information about you is subject to our Privacy Policy.

    2. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.

    3. For more information about MHP's privacy practices, please read our full Privacy Policy. This explains how and why we collect and store information, how we treat your personal information, and how we protect your privacy when you use the Services.

  7. Content in the Services

    1. You understand that all information (such as files, written text, computer software, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".

    2. If you are the person from whom the Content originated, you understand that MHP does not claim ownership of the Content, however, with respect to Content you submit or make available for inclusion, you grant MHP the following worldwide, royalty-free, and non-exclusive license:

    3. With respect to Content you submit or make available for inclusion on publicly accessible areas of MHP, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service shall exist only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or MHP removes such Content from the Service.

    4. With respect to photos, graphics, audio you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or MHP removes such Content from the Service.

    5. Publicly accessible areas of the Service are those areas of the MHP network that are intended by MHP to be available to the general public.

    6. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the owners of that Content, in a separate agreement.

    7. MHP reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

    8. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

    9. You agree that you are solely responsible for (and that MHP has no responsibility to you or to any third party for) any Content that you create or display while using the Services and for the consequences of your actions (including any loss or damage may be incurred by MHP) by doing so.

  8. Interprovincial and International Communications

    1. When you register with MHP, you acknowledge that you will likely use our services to send electronic communications, such as posts in "groups" or "forums", or messages through "private messages".

    2. You further acknowledge that, regardless of where you are physically located at the time of a transmission, the nature of electronic communications is such that interprovincial and international communications may occur, and that your use of the service may result in such interprovincial and international data transmissions.

    3. The Private Messages feature of MHP allows you to access and search your message history from any computer with access to the internet. Whether you keep messages or not, other users may opt to save conversations with you on their MHP account. Your agreement to these Terms constitutes your consent to allow MHP to store this communications on its servers.

  9. Proprietary Rights

    1. You acknowledge and agree that MHP owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by MHP and that you shall not disclose such information without our prior written consent.

    2. Unless you have agreed otherwise in writing with MHP, nothing in the Terms gives you a right to use any of our trade names, trade marks, service marks, logos, or domain names.

    3. Other than the limited license set forth herein, MHP acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with MHP, you agree that you are responsible for protecting and enforcing those rights and that MHP has no obligation to do so on your behalf.

    4. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

    5. Unless you have been expressly authorized to do so in writing by MHP, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

  10. Grant of License from MHP

    1. MHP gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the object code of its Software provided to you by us as part of the Services as provided to you by us (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MHP, in the manner permitted by these Terms.

    2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by MHP, in writing.

    3. Unless MHP has given you specific written permission to do so, you may not assign or otherwise transfer any part of your rights to use the Software.

  11. Content License from You

    1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give MHP a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.

    2. By submitting ideas, suggestions, documents, etc. ("Content") to MHP, you acknowledge and agree that:

      • your Content do not contain confidential or proprietary information;

      • MHP is not under any obligation of confidentiality, express or implied, with respect to the Content;

      • MHP shall be entitled to use or disclose (or choose not to use or disclose) such Content for any purpose, in any way, in any media worldwide;

      • MHP may have something similar to the Content already under consideration or in development;

      • your Content automatically become the property of MHP without any obligation of MHP to you; and

      • you are not entitled to any compensation or reimbursement of any kind from MHP under any circumstances.

    3. You confirm and warrant to MHP that you have all the rights, power and authority necessary to grant the above license.

  12. Software Updates

    The Software which you use may automatically download and install updates from time to time from MHP. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MHP to deliver these to you) as part of your use of the Services.

  13. Usage and Storage

    1. You acknowledge that MHP may establish general practices and limits concerning use of the Service, including without limitation:

      • the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service,

      • the maximum number of email messages that may be sent from or received by an account on the Service;

      • the maximum size of any email message that may be sent from or received by an account on the Service;

      • the maximum disk space that will be allotted on MHP's servers on your behalf; and

      • the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.

    2. You agree that MHP has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.

    3. You acknowledge that MHP reserves the right to log off accounts that are inactive for an extended period of time.

    4. You further acknowledge that MHP reserves the right to modify these general practices and limits from time to time.

  14. Ending our relationship

    The Terms will continue to apply until terminated by either you or MHP as set out below.

    1. You may terminate your legal agreement with MHP by notifying us at anytime.

    2. MHP may at any time terminate its legal agreement with you if:

      • you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms; or

      • MHP is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

      • the partner with whom MHP offered the Services to you has terminated its relationship with MHP or ceased to offer the Services to you; or

      • MHP is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

      • the provision of the Services to you by MHP is, in MHP's opinion, no longer commercially viable; or

      • MHP experiences unexpected technical or security issues or problems; or

      • MHP notices extended periods of inactivity.

  15. Indemnity

    You agree to indemnify and hold MHP and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

Disclaimer of Warranties

  1. NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT MHP'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

  2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

  3. IN PARTICULAR, MHP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

  4. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

  5. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

  6. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

  7. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED

  8. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  9. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MHP OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

  10. MHP FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MHP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

  2. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO,

  3. ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY),

  4. ANY LOSS OF GOODWILL OR BUSINESS REPUTATION,

  5. ANY LOSS OF DATA SUFFERED,

  6. COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,

  7. OR OTHER INTANGIBLE LOSS (EVEN IF MHP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)

  8. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
    THE USE OR THE INABILITY TO USE THE SERVICE;
    THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
    UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
    ANY CHANGES WHICH MHP MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

  9. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

  10. YOUR FAILURE TO PROVIDE MHP WITH ACCURATE ACCOUNT INFORMATION;

  11. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR

  12. ANY OTHER MATTER RELATING TO THE SERVICE

Trademark Information

The MHP logo, Trademarks, and any other service marks and other MHP logos and product and service names are trademarks of MHP. Without MHP's prior written permission, you agree not to display or use in any manner the MHP logo, trademarks, service marks or other product adn service names.

  1. Copyright and Trademark Policies

    1. MHP respects the intellectual property of others, and we ask our members to do the same.

    2. MHP may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of members who repeatedly infringe upon this agreement.

    3. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide MHP with the following information:

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

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

      • a description of where the material that you claim is infringing is located on the site;

      • your address, telephone number, and email address;

      • 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;

      • a statement by you, made under penalty of perjury, that the above information in your notice 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.

    4. Any intellectual property infringement can be reported to MHP as follows:

      By Mail:
      Mennonite Heritage Portrait
      c/o Centre for Community Mapping
      160 Columbia St. W., Ste. 3
      Waterloo, ON N2L 3L3

      By Fax: 1-519- 489- 4656

      By E-mail: support@mennoniteheritageportrait.ca

  2. Advertisements

    1. The Services are supported by advertising revenue and some areas may display advertisements and promotions. These advertisements may be targeted to the content, queries made through the Services or other information.

    2. The manner, mode and extent of advertising are subject to change without notice to you.

    3. In consideration for MHP granting you access to and use of the Services, you agree that MHP may place such advertising on the Services.

    4. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser.

    5. You agree that MHP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisers on the Services.

  3. Other Content/Links

    1. The Services may include hyperlinks to other sites or content or sources. MHP has no control over any web sites or resources provided by advertising companies or persons other than MHP.

    2. You acknowledge and agree that MHP is not responsible for the availability of any such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or sources.

    3. You acknowledge and agree that MHP shall not be responsible or liable, directly or indirectly, for any damage which may be incurred by you or loss caused or alleged to be caused by or in connection with the availability of those external sites or resources, or in connection with the use of or reliance on any such Content, goods or services available through any such site or resource.

  4. Changes to Terms and Notice

    1. MHP may make changes to these Terms from time to time. When these changes are made, they will made available on this page.

    2. You understand and agree that if you use the Services after the date on which the Terms have changed, MHP will treat your use as acceptance of the updated Terms.

    3. MHP may provide you with notices regarding changes to the Terms, by but not limited to email, regular mail, text message, postings via the Services, or other reasonable means now known or developed in the future.

  5. General Information

    1. Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

    2. You agree that MHP may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services

    3. Entire Agreement. These Terms constitute the entire agreement between you and MHP and governs your use of the Service, superseding any prior agreements between you and MHP with respect to the Service.

    4. Choice of Law and Forum. These Terms and the relationship between you and MHP shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and MHP agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario. Notwithstanding this, you agree that MHP shall still be allowed to apply for injunctive remedies (or equivalent) in any jurisdiction.

    5. Waiver and Severability of Terms. The failure of MHP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 the other provisions of the Terms remain in full force and effect.

    6. No Right of Survivorship and Non-Transferability. You agree that your MHP account is non-transferable and any rights to your MHP ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

    7. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    8. The section titles in these Terms are for convenience only and have no legal or contractual effect.

  6. Violations

    Please report any violations of these Terms to support@mennoniteheritageportrait.ca.

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