In consideration of your use of the McMichael Community Site (the “Service”), you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The McMichael has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The McMichael 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).
The McMichael is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Services including, email, message boards, groups, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.
License Regarding Your Submissions
You do not have to submit anything to us. If you choose to submit something (including your Portfolio, any comments, ideas, concepts, techniques, data or other content), you hereby grant to McMichael a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to McMichael to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information using the Service, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights, including any intellectual property rights of a third party. You further agree to inform McMichael in the event that any such information has changed since your registration with McMichael and, if appropriate, you agree to make such modifications yourself or remove your content.
McMichael exercises no control over any content you or others submit while using the Service. McMichael has no obligation to verify the identity of any users of the Service when they are connected to the site or to supervise the content which has been provided by you or other users.
Your use of the Community website and the Service is subject to your compliance with the following guidelines. Please respect the inclusive intentions of the Community website and the Service. Community members and on-line visitors may be young and impressionable. Exercise responsible judgment. Issuing false, misleading or libellous comments, and posting threatening or vulgar language and imagery are strictly prohibited.
You may upload your Portfolio to the Community website. In addition to the safety and protecting other people’s rights guidelines below, when uploading your Portfolio:
- edit your material. Be selective and post your best works only;
- do not upload any material that you do not have the right to publish. Respect copyright.
You may post comments on the Community Website. In addition to the safety and protecting other people’s rights guidelines below, when posting comments:
- stay on topic,
- be respectful to others;
- do not issue threatening, obscene, profane, hateful or degrading statements.
- do not make libellous statements.
- do not copy material without acknowledging your sources.
The goal of the Forum is to generate discussion and encourage engagement with art, cultural history, nature and creativity.
Please treat community members and guests with courtesy and respect.
Refrain from using harsh criticism, foul language, personal attacks and/or inflammatory behaviour. These are prohibited.
Stay on-topic. Threads that veer off topic may be closed by a moderator.
Public forum posts should be reserved for matters of interest to the general community.
Do not solicit business through this forum. Spam is prohibited.
We always appreciate your feedback or other suggestions about the Service, but you understand that McMichael may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Sharing Your Portfolio, Comments and Other Information
McMichael does not own any information that you submit to the Community website, including your Portfolio, comments or other information and does not obtain any rights in any of the foregoing, except for the licenses set out above.
You acknowledge that other users of the Service may view your Portfolio, comments and other information that you have uploaded or posted to the Community website. McMichael cannot guarantee that other users of the Service will not use your Portfolio or the ideas and information that you share. Therefore, if you have any content, idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. MCMICHAEL, ITS AFFILIATES AND THEIR VOLUNTEERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS ARE NOT RESPONSIBLE FOR THE MISUSE OR MISAPPROPRIATION OF ANY OF YOUR PORTFOLIO, COMMENTS, CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS THROUGH THE USE OF THE SERVICE.
When you delete any of your content, including your Portfolio, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time. Further, you acknowledge that other users may have downloaded your content from the Community website, in which case, McMichael has no control over the deletion of same.
McMichael reserves the right to screen all material before it is posted and to restrict or remove contributions that do not comply with these Terms and Conditions. Notwithstanding such reservation of rights, you acknowledge and understand that McMichael does not have such obligation.
We do our best to keep the Community website safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) through the Service;
- You will not collect users’ content or information, or otherwise access the Community website, using automated means (such as harvesting bots, robots, spiders, or scrapers);
- You will not upload viruses or other malicious code;
- You will not solicit login information or access an account belonging to someone else;
- You will not bully, intimidate, or harass any user;
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence;
- You will not use the Service to do anything unlawful, misleading, malicious, or discriminatory;
- You will not do anything that could disable, overburden, or impair the proper working of the Community website, such as a denial of service attack;
- You will not facilitate or encourage any violations of this Statement;
Protecting Other People’s Rights
McMichael respects other people's rights, and expect you to do the same. With limiting the foregoing, you agree that:
- You will not post content or take any action through the Service or on the Community website that infringes or violates someone else's rights or otherwise violates the law;
- McMichael can remove any content or information you post on the Community website if we believe that it violates these Terms and Conditions;
- if McMichael removes your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal;
- If you repeatedly infringe other people's intellectual property rights, we will disable your account;
- You will not use any of McMichael’s copyrights or trademarks or any confusingly similar marks, without our written permission.
Please help us to control abuse. Click the "Report Abuse" link if you see offensive material on the site or if any user is violating these Terms and Conditions, including the Community Guidelines. Community members are encouraged to report abuse to the site administrator.
Registration, Account Security and Screen Names
You may post using your real name or an alias, ("Screen Name"). We advise against posting personal information such as your address or phone number. McMichael reserves the right to reject inappropriate Screen Names.
You will not provide any false personal information, or create an account for anyone other than yourself without permission.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
Disclaimer, Liability and Indemnity
Comments on the Community website represent the opinions of the user contributing such comments only, and do not necessarily represent the views of McMichael, its affiliates or any of their volunteers, employees, officers, directors or agents.
Do not rely on the Community website, any information therein, or its continuation. McMichael provides the Community website and the Services and any information posted therein on an "as is" and "as available" basis. McMichael does not provide any express warranties or representations.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MCMICHAEL DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE USE OF THE COMMUNITY WEBSITE OR THE SERVICES OR ANYTHING RELATED THERETO, YOU MAY LEAVE THE COMMUNITY WEBSITE AND TERMINATE YOUR USE THEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
MCMICHAEL DOES NOT GUARANTEE THAT THE COMMUNITY WEBSITE OR THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. MCMICHAEL DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, MCMICHAEL DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE COMMUNITY WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
MCMICHAEL IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF COMMENTS, ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SERVICE TO ANYONE.
MCMICHAEL DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, MCMICHAEL DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
Limitation of Liability
IN NO EVENT WILL MCMICHAEL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE COMMUNITY WEBSITE, SERVICES OR ANY CONTENT AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, PERSONAL INJURY, DEATH, LOSS OF DATA OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF MCMICHAEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMMUNITY WEBSITE OR THE SERVICES AVAILABLE OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMMUNITY WEBSITE AND THE SERVICES.
Visitors and users of the Community website and the Services, or their legal guardians, are responsible for their actions and participate at their own discretion. By accessing the Community website or using the Services, you agree to indemnify and defend McMichael, its affiliates and their volunteers, employees, officers, directors and agents, from any and all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Community website or the Services, including any infringement of any third party’s rights, or your breach of these Terms and Conditions.
McMichael reserves the sole right to either modify or discontinue the Service and the Community website Site including any features therein at any time with or without notice to you. McMichael shall not be liable to you or to any third party should McMichael exercise such right. Modifications may include, but are not limited to, changes in the services listed.
McMichael reserves the right to amend these Terms and Conditions at any time by posting the amended terms on the Web Site, which posting shall constitute notice to you. All amended terms shall be effective immediately upon such notice. Your continued use of the Service and the Community Website after such modifications will constitute your: (a) acknowledgement of the modified Terms and Conditions; and (b) agreement to abide and be bound by the modified Terms and Conditions.
McMichael may, in its sole discretion, terminate or suspend your account and/or access to all or part of the Service or the Community website for any reason, including, without limitation, breach of the Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may result in termination of your access.
Should you object to the Terms and Conditions or any subsequent modifications thereto or become dissatisfied with this Web Site, your only recourse is to immediately terminate your use of the Service and Community website.
These Terms and Conditions, which may be modified from time to time, including any documents referenced herein and any other applicable terms and conditions contained on the Community website constitute the entire agreement between McMichael and you pertaining to your use of the Service and the Community website. McMichael’s failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision hereof.
You agree to comply with all applicable laws and regulations in your use of this Web Site. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (without regard to conflicts of laws provisions).
If you have any issues and/or questions with these Terms and Conditions or any rule, policy, guideline or practice which McMichael uses to operate the Service or the Community website, please contact us at and we will be happy to respond to your concerns.