WEBSITES TERMS OF USE (including Acceptable Use Policy)
This page (and the documents it refers to) describes the Terms of Use under which you may use the websites we operate (“our sites”), including (but not limited to) JonnKares.com​

​These terms apply whether as a guest or a registered user of our websites.

​Please read these Terms of Use carefully before you start to use the sites. By using our sites, you accept these Terms of Use and agree to abide by them. If you do not agree to these Terms of Use, please do not use our sites.

ABOUT US
Our sites are operated by: Jonn Kares ("we" or “us”).

Our address is:
208-2133 Danforth Avenue
Toronto Ontario, Canada M4C 1K2

We can be reached by email at: support AT JonnKares.com

OUR SITES
We allow access to our sites on a temporary basis and we reserve the right to withdraw, restrict or change our sites at any time and without notice. We will not be liable if for any reason our sites are unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to our sites. If, in our opinion, you are not complying with these Terms of Use, we have the right to disable any such code, password or feature at any time.

You must comply with the provisions of our Acceptable Use Policy described below when using our sites.

It is your responsibility that anyone accessing our sites through your internet connection is aware of these terms and complies with them.

VARIATIONS
We may revise these Terms of Use at any time by amending this page or by provisions or notices published elsewhere on our sites.

INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our sites and the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the materials on our sites for commercial purposes without a license from us or our licensors. You may not reproduce in any format (including on another website) any part of our sites (including content, images, designs, look and feel) without our prior written consent.

If, in our opinion, you are in breach of these provisions, your right to use our sites will cease immediately and you must either return or destroy (as required by us) any copies you have made of the materials.

RELIANCE ON INFORMATION AND LINKS
The contents of our sites (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through our sites meet your specific requirements.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITES
We process information about you in accordance with our Privacy Policy. By using our sites, you consent to such processing and you warrant that all data provided by you is accurate.

LINKING TO OUR SITES
You may link to the home pages of our sites only if the website from which you are linking is owned by you, and complies in all respects with our Acceptable Use Policy.

You must link in such a way that is fair and legal and does not damage our reputation or take advantage of it, and you may not not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page.

If you wish to make any use of material on our sites other than that set out above, please address your request to support AT JonnKares.com .

UPLOADING MATERIAL TO OUR SITES
When you upload material to our sites, or make contact with other users of our sites, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss.

Any material you upload to our sites will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third-party claims that any material posted or uploaded by you to our sites violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our sites.

We have the right to remove any material or posting you make on our sites if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our sites by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our sites, the server on which our sites is stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack.

By failing to comply with this provision, you would commit a criminal offence and your right to use our sites will cease immediately and we will report your actions to the relevant authorities.

OUR LIABILITY
The material displayed on our sites is provided without any guarantees, conditions or warranties as to its accuracy or fitness of purpose. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of or from the use of our sites, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Despite best efforts to ensure their security, no computer system can ever be relied upon to be 100% secure. We accept absolutely no responsibility or liability for any outcomes resulting from any technical failures, security breaches, data hacks, or any other breakdown of computer systems or networks within or beyond our control.

This does not affect any liability which cannot be excluded or limited under applicable law.

JURISDICTION AND APPLICABLE LAW
The courts of Ontario Canada will have exclusive jurisdiction over any claim arising from, or related to, a visit to our sites.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ontario Canada.

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ACCEPTABLE USE POLICY

PROHIBITED USES OF OUR SITE
Whether you are a visitor or registered user, you must comply with our Websites Terms of Use, and use our sites for lawful purposes only. In particular, you must not use our sites for any of the uses listed below (without limitation):

  • any fraudulent activity;
  • any activity which breaches any applicable law or regulation, whether national or international;
  • any activity which may cause or result in harm to a child under 18 years of age;
  • sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;
  • reproducing, selling or otherwise handling our site or its contents in breach of our Websites Terms of Use;
  • knowingly introducing to our sites, or transmitting or attempting to transmit to any other site, computer or network, viruses, trojans, worms, logic bombs or other material, code or program which is malicious or technologically harmful;
  • attempting to gain unauthorized access to our sites, our software, our servers, or any server, computer or database connected to our sites; or
  • attacking our sites via a denial-of-service attack or a distributed denial-of service attack.

CONTRIBUTING AND INTERACTING
Our sites may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.

In addition, any contribution or interaction must not include any material which (without limitation):

  • is defamatory, obscene, offensive, hateful or inflammatory;
  • is, or refers to material which is, sexually explicit;
  • promotes violence, illegal activity or any form of discrimination;
  • infringes any other person’s copyright, database right, or trademark;
  • threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;
  • advocates, promotes or assists any illegal activity;
  • is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);
  • invades another’s privacy or causes inconvenience or anxiety to any person;
  • is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
  • gives the impression that the material emanates from us, if this is not the case.

MODERATION
If we at any time use our sites to provide users with any interactive service, the following moderation provisions will apply:

  • we will notify users if moderation is in place, and, if so, whether the moderation is provided by a person or is automated;
  • if moderation is in place, we will give you a means to contact the moderator;
  • although we will do our best to assess any risks which such interactive service may pose, we will be under no obligation to moderate it, and we expressly exclude any liability for any loss or damage to any person caused by use of it; and
  • children should at all times be supervised when using the interactive services on our site, whether such services are moderated or not.

BREACHES OF THIS POLICY
Any breach of this Acceptable Use Policy will be dealt with in the same way as any breach of our Websites Terms of Use, and we reserve the right to take any other action we reasonably deem appropriate, including restricting your use of our sites and/or taking legal action against you. We are not liable for any loss or damage caused by any breach of this Acceptable Use Policy.

AMENDMENTS
Please re-visit this page regularly, as we may revise this Acceptable Use Policy at any time. We may also change or update our Acceptable Use Policy at any time by means of notices published anywhere on our sites.

Updated, Effective January 30, 2024