Terms and Conditions of Use

Last Updated: November 12, 2024

Thank you for visiting the GTA Jewish Security Network’s (“JSN”, “we,” “us”, or “our”) website at https://www.jsntor.ca (the “Website”) and/or accessing the features and services made available through the Website, including, but not limited to, our incident reporting services (collectively, the “Services”). Your use of the Website and Services is governed by these Terms and Conditions of Use (these “Terms”).

PLEASE READ THESE TERMS CAREFULLY. OUR PRIVACY POLICY IS INCORPORATED INTO AND FORMS PART OF THESE TERMS. THESE TERMS FORM A LEGALLY BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE AND/OR SERVICES. BY USING OUR WEBSITE AND/OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH AND BE BOUND BY ALL OF THESE TERMS. 

We reserve the right to update, modify, or replace these Terms at any time by posting updates and/or changes to our Website or Services. This includes, but is not limited to, modifying, altering, or updating our Website or Services from time to time, and working with any new or existing third parties as necessary to provide our Services to you. Your use of the Website or Services will be subject to the then-current version of these Terms and any other policy or guideline posted or referenced on our Website at the time of such use. It is your responsibility to check these Terms from time to time to ensure that you are up to date on any changes which may affect you. YOUR CONTINUED USE OF THE WEBSITE OR SERVICES FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO THE TERMS OR TO ANY UPDATED TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR WEBSITE OR SERVICES.

General

As part of our Services, our Website enables users to report hate incidents or criminal offences using our online incident report form, and to access information regarding community security, preparedness, and resiliency. JSN reserves the right, but has no obligation or responsibility to, conduct investigations, report or communicate with law enforcement or other authorities, or otherwise respond to any incidents or offences.

Our Services are intended for individuals located in the Greater Toronto Area (Canada), who are 18 years of age or older. Any access to or use of the Services by individuals located outside Canada or in Québec is expressly prohibited. If you are under 18 years of age, you may use our Services only with the consent or authorization of your parent or guardian.

You agree to not reproduce, duplicate, copy, sell, resell, distribute, lease or exploit the Website or Services, or any portion thereof, without express written permission from us. You may not use the Website or Services for any illegal or unauthorized purpose, nor may you, in the use of the Website or Services, violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature on or through the Website or Services.

Privacy Policy

Our Privacy Policy governs our collection, use, storage, and disclosure of your personal information and is hereby incorporated into and forms part of these Terms and Conditions of Use. You acknowledge and agree that by providing us with your personal information when you use our Website, Services, or contact us, you consent to the collection, use, retention, and disclosure of such information in accordance with our Privacy Policy, or for the purposes identified to you at the time you provided the information.

Ownership 

Any and all information used or displayed on our Website, including text, graphics, interfaces, designs, files, logos, icons, pictures, illustrations, artwork, trade names, trademarks, service marks, audio or video clips, underlying HTML, software codes, meta-tags as well as the collection, arrangement, and assembly of such materials (“Website Content”), are:

  1. owned or used under license by us, or we have received authorization from the owners of such rights to use such Website Content; and 
  2. protected by copyright, trademark, or applicable laws.

You are hereby authorized to display and to use Website Content on your device as part of the expected and ordinary use of the Website. Without limiting the generality of the foregoing, you shall not:

  1. copy, modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post, or otherwise use any of the Website Content or underlying ownership rights or copyrights for commercial purposes without our prior written consent; and
  2. remove or alter any visible or non-visible identification, marks, notices, or disclaimers. 

Certain content on the Website, including, but not limited to, text, graphics, logos, icons, and photographs may be owned or provided by third parties (“Third Party Content”). You understand that you have no proprietary rights in Third Party Content and that each third party retains all proprietary rights, title and interest including copyright, in their respective Third Party Content. You may not copy, sell, reproduce, distribute, retransmit, publish, modify, display, prepare derivative works based on, re-post or otherwise use any Third Party Content without the prior written consent of such third parties.

Under no circumstances will we be liable in any way to you for any Website Content or Third Party Content, including but not limited to, any errors or omissions in such Website Content or Third Party Content, or for any loss or damage of any kind, incurred as a result of the use of any Website Content or Third Party Content downloaded, e-mailed, or otherwise transmitted to you via the Website or Services. 

User Submitted Content

As part of our Website and Services, users may submit certain information using our online incident report form to report hate incidents or criminal offences. By submitting any photos, videos, files, descriptions, information, or other material (collectively, “Submitted Content“) through our Website or Services, or granting any other person including JSN the right to do so, you hereby grant JSN and our successors and assigns a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, unrestricted license to use, adapt, publish, distribute, translate, reproduce, store, modify, transmit, publicly perform or display and create works derived from or based upon such Submitted Content in any and all media, whether now known or hereafter devised, for any purposes, without any duty to account to you in connection with any such use or in respect of the Website or Services. If any of the Submitted Content is the property of any third party or any third party having any interests therein, you represent, warrant and covenant to us that you have all rights and permissions necessary to post, upload or submit such Submitted Content to us and to grant license to us and to waive the rights provided for herein. 

In addition, you irrevocably waive all of your moral rights as author in respect of such Submitted Content, however arising. 

You represent and warrant that any Submitted Content you provide to us is accurate, up-to-date, and complete, and you agree to promptly update such information should it change. 

We make no representations concerning any Submitted Content and you hereby release us from all liability relating to any Submitted Content.

JSN reserves the right, but is under no obligation to investigate, monitor, record, report, respond to, acknowledge, communicate with any law enforcement agency or government agency, or otherwise act in response to any Submitted Content or incident report received through our Website or Services. 

Use of the Website and Services

You agree that you shall use the Website and Services only for lawful purposes, and that you will not access or use, or allow others to access or use the Website or Services:

  1. to upload, e-mail, submit, make available, provide access to, or otherwise transmit on the Website through the Services any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of the computer software or hardware or telecommunications equipment;
  2. in any manner which could interfere with or disrupt the Website, Services, or networks connected to the Website or Services, including attempting to interfere with the access of or any other use of the host or network, including without limitation, overloading, engaging in “denial of service” attacks, “spamming” or “crashing” the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
  3. to data-mine, phish, pharm, pretext, spider, crawl or scrape; 
  4. to hack or circumvent any system feature including any experimentation, inspection, decrypting, decompiling, disassembling or reverse engineering any portion of the Website for any reason;
  5. to obtain or attempt to obtain any material or information through any means not intentionally made available to you through the Website;
  6. to collect or track the personal information of others;
  7. to modify, adapt, copy, license, distribute, create derivative works from, transfer, sell, reverse engineer, decompile or disassemble any portion of the Website;
  8. to solicit others to perform or participate in any unlawful acts;
  9. to e-mail, make available, provide access to, or otherwise transmit any unsolicited or unauthorized advertising, promotion materials, “junk mail,” “spam”, “chain letters,” “pyramid schemes,” or any other form of solicitation;
  10. for any purpose that is unlawful, harmful, or otherwise objectionable, including any conduct that would constitute a criminal offence or incur civil liability, infringe upon JSN’s intellectual property rights or other rights, infringe upon the intellectual property rights of others, disclose private or personal matters concerning any person, or otherwise violate any applicable law; or
  11. for any purpose other than the purposes outlined in these Terms, without express prior written permission from us.

In using our Website or Services, you agree that you shall only submit content or material for the sole purpose of reporting a hate incident or criminal offence where such material or content may be unlawful, hateful, tortious, defamatory, threatening, or racially, ethnically, or otherwise objectionable. For greater certainty, you may not submit, upload, e-mail, make available, provide access to, or otherwise transmit on the Website or through the Services, any unlawful, hateful, tortious, defamatory, threatening, or otherwise objectionable material that is targeted towards JSN or any of its Representatives or for any purpose that JSN deems, in its sole discretion, to be a violation of these Terms.

You agree not to access the Website or Services from any jurisdiction where its use or content is illegal. You agree that JSN is not responsible for compliance with any foreign laws that may be applicable to the Website or Services or your use thereof.

JSN shall be entitled to terminate your use of the Website or Services for violating these Terms (or any portion thereof) and to an injunction in addition to any other remedies available at law or in equity.

Modifications 

We reserve the right to add, modify, or discontinue, temporarily or permanently, any part of the Website and Services and to restrict or prohibit access to the Website or Services, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of our Website at any time without notice, but we have no obligation to do so.

Third Party Hyperlinks

In our efforts to promote community security awareness, our Website may contain hyperlinks to websites operated by parties other than us (“Third Party Links”). These hyperlinks do not imply any endorsement by us of or any affiliation with the hyperlinked website. The existence of Third Party Links on our Website is not, does not, and should not be construed as an endorsement or representation by us of any kind and you acknowledge and agree that we are not liable or responsible for them in any way, nor are we responsible or liable, directly or indirectly, for any harm or damages related to the content, resources, services, or any transactions made in connection with any Third Party Links. We also are not responsible for third-party privacy practices or policies, and encourage you to review the third party’s terms, conditions, and privacy practices and policies carefully. Your access and use of Third Party Links, including any information, content, material, products, and services therein, is solely at your own risk. 

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE, THE WEBSITE CONTENT, AND THIRD PARTY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND WHATSOEVER. THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WE SPECIFICALLY DISCLAIM ANY REPRESENTATION, WARRANTY, OR CONDITION AS TO THE SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE WEBSITE CONTENT, SUBMITTED CONTENT, AND THIRD PARTY CONTENT MADE AVAILABLE THROUGH THE WEBSITE FOR ANY PURPOSE WHATSOEVER. FURTHERMORE, WE MAKE, AND THERE ARE, NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS: 

  1. THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTIONS; 
  2. THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR
  3. CONCERNING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES.

ANY WEBSITE CONTENT OR THIRD PARTY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AND USED AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE CONTENT OR THIRD PARTY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN. 

Exclusion of Liability

IN NO EVENT, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AS A RESULT OF BREACH OF WARRANTY, STRICT LIABILITY, INDEMNITY, OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER, SHALL JSN OR OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, CONSULTANTS, LICENSORS, SERVICE PROVIDERS, OR ADVISORS (COLLECTIVELY, “REPRESENTATIVES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER OR FOR DAMAGES CHARACTERIZED AS LOSS OF PROFITS, LOSS OF INCOME, LOSS OF REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, OR FAILURE TO REALIZE UNEXPECTED SAVINGS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

FOR GREATER CERTAINTY, THE DAMAGES THAT ARE EXCLUDED UNDER THE FIRST PARAGRAPH OF THIS SECTION INCLUDE DAMAGES RESULTING FROM: 

  1. YOUR ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE WEBSITE, SERVICES, WEBSITE CONTENT, ANY THIRD PARTY CONTENT OR ANY WEBSITE TO WHICH YOU HYPERLINK FROM THE WEBSITE; 
  2. ANY THIRD PARTY CLAIMS THAT THE ACCESS OR USE BY YOU OF THE WEBSITE, SERVICES, WEBSITE CONTENT, OR THIRD PARTY CONTENT VIOLATES ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT; 
  3. ANY FAILURE OF PERFORMANCE OF THE WEBSITE, WEBSITE CONTENT, OR ANY THIRD PARTY CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSIONS, COMPUTER VIRUSES, OR LINE FAILURE; 
  4. ANY DELIVERY, HOSTING, OR ANCILLARY SERVICES OR FACILITIES OF THIRD PARTY PROVIDERS USED BY US; OR
  5. ANY OTHER MATTERS RELATING TO THE WEBSITE, SERVICES, WEBSITE CONTENT, OR ANY THIRD PARTY CONTENT

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS PROVIDED FOR IN THESE TERMS OF USE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS PROVIDED BY LAW.

Indemnification and Release

You agree to indemnify and hold harmless JSN and our Representatives from and against any claims, demands, actions, threats, liabilities, losses, judgements, proceedings of any kind, damages, costs, and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from: (i) your use or misuse of the Website, Services, Website Content, or Third Party Content; (ii) your violation of these Terms; (iii) your violation of any applicable laws or the rights of a third party; and (iv) any actions you take, directly or indirectly, that cause harm or damage to us, our Website, Services, systems, communications networks and technology, or to any other party. You agree to assist and co-operate as fully as reasonably required by us or our Representatives in the defense of any such claim and demand.

If you have a dispute with one or more users or parties in association with the Website or Services, you release us and our Representatives from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from, or in any way connected with such disputes.  

Termination

These Terms are effective until terminated or replaced by us, with or without cause, in our sole and exclusive discretion. We may refuse to grant you access to the Website or Services if you fail to comply with any of these Terms. If we terminate your access to the Website or Services (or any portion thereof), you may not try to access the Website or Services again without our prior written approval. Any such termination shall be in addition to and without prejudice to such rights or remedies as may be available to us, including injunction and other civil or equitable remedies of relief. 

If these Terms or your permission to use the Website or Services are terminated for any reason, then: (i) these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website or Services and anything connected with, relating to, or arising from that use; and (ii) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time. 

Survival

Any provision of these Terms which must survive to allow us to enforce its plain meaning shall survive as long as necessary to be effective to allow and enable us to do so.

Applicable Law

These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein (excluding any conflict of laws rules or principles). The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising from, connected with, or relating to these Terms, and you irrevocably submit and consent to the exclusive jurisdiction of those courts in respect of such disputes.

Entire Agreement

These Terms and Conditions of Use and our Privacy Policy constitutes the entire agreement between us and you in connection with your use of the Website and Services, and supersedes any prior understandings or agreements (whether oral or written), claims, and representations with respect to your use of the Website or Services. These Terms may not be amended or modified by you, except with our prior written consent.

Assignment

You may not assign or otherwise transfer your rights, duties, or obligations hereunder without our prior written consent.

Agency

Nothing in these Terms will be construed to constitute any user or similar party as a partner, joint venturer, franchisee, employee, agent, or representative of JSN. No user will have any right to act as an agent of JSN or create any obligation for or on behalf of JSN.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and the other provisions of these Terms shall remain in full force and effect.

No Waiver

We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us against whom such waiver is invoked. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

Rights

All rights not expressly granted herein are reserved.

Interpretation

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. Headings are purely for reference and shall not limit or otherwise affect the meaning of any term or condition. A reference to any applicable law is to that applicable law as now enacted or as the same may from time to time be amended, re-enacted or replaced. Where the context so requires or permits: the terms “hereof”, “hereunder”, and similar expressions refer to these Terms and not to any particular section or other portion hereof; where the word “including” or “includes” is used in these Terms, it means “including (or includes) without limitation”; and words importing the singular include the plural and vice versa and words importing gender include all genders.

Contact Us

If you have questions or comments about our Website, Services, or these Terms, or would like to submit any reports of violations of these Terms, please contact us at: privacy@jsntor.ca