File Upload

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Terms of Use

These Terms and Conditions of Use were last updated December 4, 2024.

Your access and use of the File Upload Feature through this website at https://projectarachnid.ca/en/fileupload/ (“Site”) is provided by the Canadian Centre for Child Protection Inc. (“C3P”, “we”, “us”) subject to the following:

IMPORTANT! YOU SHOULD CAREFULLY READ THESE TERMS BEFORE ACCESSING THE SITE AND/OR USING THE FILE UPLOAD FEATURE.

  1. Definitions

    “File Upload Feature” means the process through which an individual can upload images, videos, and other information on this Site that the individual wishes to have included in Project Arachnid.

    “Personal Information” means information about an identified or identifiable individual.

    “You” or “Your” means any one or more persons referred to in section 3.

  2. BY MAKING A SUBMISSION THROUGH THIS SITE:
    • YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND PRIVACY POLICY, AND AGREE TO BE BOUND BY THEM.
    • YOU AGREE TO EACH IMAGE OR VIDEO AND ANY OTHER INFORMATION YOU SUBMIT BEING COLLECTED, USED, STORED AND SHARED AS SET OUT IN THESE TERMS AND THE PRIVACY POLICY, WHICH INCLUDES:
      • BEING SHARED WITH TRUSTED THIRD PARTIES TO ASSESS AND CLASSIFY AND TO PURSUE GLOBAL EFFORTS TO REMOVE CSAM FROM THE INTERNET AND RESCUE VICTIMS, ALL AS SET OUT IN SECTION 9; AND
      • BEING SHARED AS REQUIRED BY LAW IF THERE IS A CHILD IN NEED OF PROTECTION AS SET OUT IN SECTION 10 OF THESE TERMS.
  3. By making a submission through this Site:
    1. You confirm:
      1. You or the person in the image or video were/was under the age of 18 when the image or video was taken; AND
      2. You believe the image or video is or may be illegal in one of more countries.
    2. You also confirm that You are:
      1. one of the people in the image or video and You were under the age of 18 when the image or video was taken; OR
      2. a parent or guardian of the child(ren) in the image or video with the ability to agree to these Terms on behalf of the child(ren); OR
      3. a person who has permission to upload the image or video AND to agree to these Terms, which permission was granted to You by one or more persons in the image or video or that person’s parent or guardian if the person is under 18; OR
      4. otherwise authorized by applicable laws to prevent crime, act in the public interest, or protect the vital interests of the person(s) depicted in the image or video, or the interests of children generally, which authorization is reasonably believed by you to be sufficient to permit you to make a submission through this Site and agree to these Terms.
  4. Your use of this Site constitutes acceptance of these Terms on the date of Your first use of the Site.
  5. If You do not accept these Terms, do not make a submission through the Site, or use the Site.
  6. C3P reserves the right to change these Terms at any time by posting changes online. Your continued use of the Site after changes are posted means You accept the updated Terms.
  7. You agree to use this Site and the File Upload Feature only for lawful purposes, and in a manner which does not infringe the rights of, or restrict, or inhibit the use of the File Upload Feature or this Site by anyone or C3P. You shall not use the Site or the File Upload Feature to make money, to harm others or to harm C3P.

    8. How the File Upload Feature works

  8. Once You make a submission through the File Upload Feature, we will review the image or video associated with Your submission to classify it. If it is classified as illegal material (e.g., child sexual abuse material), or material that is harmful to the person depicted in the image or video or to children more generally, the image or video You submit and its associated classification will be used to prompt automated removal requests through Project Arachnid. Project Arachnid uses a variety of technological tools in its operation. Currently, the primary tool is hashing technology, which is technology that assists in matching a particular image or video against a database of known CSAM. Hashing can either be used to determine an exact match (one image is exactly the same as another), or it can be used to determine a close match (it might be a resized image, for example). Close matches are obtained by using “perceptual hashing technology” or Microsoft PhotoDNA software. As technology is constantly evolving, C3P will continuously adapt and refine tools used, when appropriate and consistent with safety and security measures, to maximize detection and removal efforts.

    Removal requests are sent whenever the exact image or video is detected on websites or other locations where the hosting provider or website owner can be contacted by email. For more detail on how it works visit the FAQs. If You are the person depicted in the image or video associated with Your submission, or the parent or guardian of such person, you must have had prior contact with C3P, another support organization, or a law enforcement agency to use the File Upload Feature.

    9. When and why we share information associated with Your submission

  9. C3P works with organizations in other countries that do similar work to C3P and act in the public interest against online child sexual abuse. Many of these organizations, as part of their operations, receive reports of child sexual abuse material online and then either facilitate reporting to law enforcement or issue removal requests to hosting providers and/or website owners in their countries. Such organizations work with C3P under the terms of a written agreement to assess and classify images and videos used by Project Arachnid. Such organizations may be granted access to the image or video associated with Your submission for the purpose of classification and removal activities. They are not authorized to use the images or videos for other purposes or make their own copies. A list of these organizations is posted on projectarachnid.ca.
  10. The objective of this Site and C3P is to protect children from harm, and there are laws requiring us to contact police or child welfare authorities if we have information that a person under 18 is at risk of harm or in need of protection. If we are required by law to share information, we will only share information we believe is necessary to fulfill our legal obligations and protect or help the person at risk or in need of protection.
  11. We may share the hash value of the image or video associated with Your submission (not the image or video itself) with police to assist with global efforts to remove CSAM from the internet and rescue victims. We may also share the hash value with other organizations or companies that receive data from C3P to better protect children depicted in media from online exploitation subject to strict privacy obligations.

    12. Information We Require if You have had Prior Contact with C3P (for the person depicted in the image/video or their parent/guardian)

  12. What we require. We require a reference number for Your contact with us OR if You do not have a reference number, we require the email address or phone number you shared during Your contact with C3P.
  13. Why we require it. We require a reference number to provide us with context that may facilitate the classification of the image or video associated with Your submission. We also require this information to verify You if in the future You ask us to remove your image or video from Project Arachnid. Your email address or phone number can be provided as an alternative and will enable us to locate your reference number. We may also use the information you submit to contact you:
    1. if a technical issue arises with Your submission;
    2. to confirm to You that we successfully received the image or video if You have requested such confirmation;
    3. if at the time of Your submission, You have requested new, continuing or additional support from C3P or the organization that was assisting You at or prior to the time of submission;
    4. if we require more information to classify the image or video associated with Your submission; or
    5. to provide You with additional information when we believe this is necessary and in Your best interests.

    You can request the removal of any image or video that You submitted through the File Upload Feature at any time. We will comply with that request to the best of our ability subject to confirming You are either the person who made the submission through the File Upload Feature, or are otherwise authorized to make such a removal request. To make a request for the removal of an image or video You submitted, contact C3P’s Privacy Officer.

    14. Information We Require if You have not had Prior Contact with C3P but have had Prior Contact with Another Organization or a Law Enforcement Agency (for the person depicted in the image/video or their parent/guardian)

  14. What we require. We require the name of the organization or agency and a reference number for Your contact with them, OR if You do not have a reference number, we require the name of the organization or agency, and the name of the individual You spoke with and/or their email address or phone number.
  15. Why we require it. We require this information to provide us with context that may facilitate the classification of the image or video associated with Your submission. We also require this information to verify You if in the future You ask us to remove the image or video from Project Arachnid. We may contact the other organization or agency if we require information to classify the image or video associated with Your submission, or to provide that organization or agency with additional information when we believe this is necessary and in Your best interests.

    16. Information We Require – Members of Law Enforcement or Support Organizations

  16. We require Your organization name to verify that Your organization is a law enforcement agency or an organization that supports survivors of child sexual abuse material. We require Your email address or phone number so we can contact You if:
    1. if a technical issue arises with Your submission;
    2. to confirm to You that we successfully received the image or video if You have requested such confirmation;
    3. if we require more information to classify the image or video associated with Your submission; or
    4. to provide You with additional information when we believe this is necessary and in the best interests of the person depicted in the image or video associated with Your submission.
  17. It is optional to provide a case reference. This information may assist in contacting You for a reason set out in section 16 or in classifying the image or video associated with Your submission.

    18. Age

  18. We require that the age (or approximate age) of the child depicted in the image or video at the time the image or video was taken be provided. This is required to facilitate the classification process.

    19. Disclaimers

  19. C3P does not warrant that this Site or the File Upload Feature will be uninterrupted or error-free, that defects will be corrected, or that this Site, the File Upload Feature, or the server that makes them available is free of viruses or bugs or represents the full functionality, accuracy or reliability of the Site or File Upload Feature.
  20. You understand that C3P is only able to request removal or provide information to facilitate filtering. It cannot require removal or filtering of CSAM. Each company or individual that is involved with either process is the one to decide if an image or video will be removed or filtered.

    21. EXCLUSION OF LIABILITY

  21. YOU UNDERSTAND THAT THE FILE UPLOAD FEATURE AND SITE ARE PROVIDED FREE OF CHARGE AND THAT C3P IS A REGISTERED CANADIAN CHARITY OPERATING WITHOUT THE EXPECTATION OF PROFIT OR GAIN. THE PROVISION OF THE FILE UPLOAD FEATURE AND SITE IS ONLY POSSIBLE IF YOU ACCEPT THAT THEY ARE PROVIDED “AS IS” AND “WHERE IS”, WITH ALL FAULTS AND ERRORS, AND WITHOUT THE ACCEPTANCE OF ANY LIABILITY BY C3P. TO THE EXTENT PERMISSIBLE BY LAW, YOU AGREE THAT C3P IS NOT LIABLE FOR ANY DAMAGES, WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH:
    1. YOUR USE OR LOSS OF USE OF THE FILE UPLOAD FEATURE OR THIS SITE; OR
    2. THE OPERATION OF PROJECT ARACHNID, INCLUDING THE SENDING OR FAILURE TO SEND A REMOVAL REQUEST OR IDENTIFY AN IMAGE OR VIDEO FOR FILTERING; OR
    3. THE FAILURE OF ANY THIRD PARTY TO REMOVE AN IMAGE OR VIDEO FOLLOWING RECEIPT OF A REMOVAL REQUEST OR FILTER AN IMAGE OR VIDEO IDENTIFIED FOR FILTERING BY PROJECT ARACHNID.
    THIS EXCLUSION OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY GENERAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ANY LOSS OF REVENUE OR PROFITS, OR ANY OTHER DAMAGES OF EVERY NATURE AND KIND WHATSOEVER.

    22. INDEMNITY

  22. TO THE EXTENT PERMITTED BY LAW, IF YOU ARE AN ORGANIZATION OR A LAW ENFORCEMENT ENTITY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS C3P, ITS AFFILIATES AND SUBSIDIARIES AND ITS, AND THEIR, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS FROM ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, DAMAGES, ACTIONS, SUITS, LIABILITIES, FINES, COSTS, EXPENSES AND LOSSES OF ANY KIND (INCLUDING LEGAL FEES) ARISING FROM YOUR FAILURE TO OBTAIN CONSENT FROM THE PERSON IN THE IMAGE OR VIDEO TO THE SUBMISSION OF SUCH IMAGE OR VIDEO AND OTHER INFORMATION THROUGH THIS SITE.

    23. Intellectual Property

  23. The File Upload Feature, this Site, and its content are the intellectual property of the Canadian Centre for Child Protection Inc., including copyright. All rights reserved. No part of the File Upload Feature, and this Site, including information, images, photos, logos, names, and icons may be copied, republished, posted, broadcast, or reproduced in any form whatsoever without the prior written permission of C3P.
  24. Resources on this Site must not be downloaded, altered, or adapted for any purpose except for personal reference.
  25. All trademarks and logos are registered, or used, in Canada as trademarks of the Canadian Centre for Child Protection Inc. These trademarks and logos are not to be reproduced in any format without the express written permission of C3P.

    26. Links

  26. Links to third party websites are provided solely for Your convenience. If You use these links, You leave the Site. C3P does not control and is not responsible for these third party websites or their content or availability.
  27. The existence of a link from any organization’s website to C3P’s Site does not imply that C3P endorses the activities or views of that organization.
  28. Your access to linked C3P sites is subject to these Terms and the terms of use and privacy policy posted on such website.
  29. Termination. These Terms may be terminated as follows:
    1. By C3P. C3P may immediately terminate these Terms if it is no longer able to provide the File Upload Feature for any reason. If C3P terminates these Terms, it shall post a notice of termination on the Site. Such notice will provide information about actions You can take respecting the image or video associated with Your submission.
    2. By You. You may terminate these Terms at any time by requesting the removal of Your image or video from Project Arachnid. To make a request for the removal of Your image or video, contact C3P’s Privacy Officer. We will comply with that request if we are able to verify You, such as if You are able to provide the same email address or phone number and/or such other information that You provided when You made Your submission, along with the approximate date(s) that You made Your submission, and a description of the image or video You uploaded in question. After it is determined that Your request has been fully processed and Your image or video and other information submitted through the Site has been securely deleted and destroyed, C3P will also delete the personal information You supplied with Your removal request. Your removal request will be assigned an anonymous reference number that will remain on record along with non-identifying notes about the request and the response.

    30. General

  30. Conflicts. If there is a conflict between these Terms and Project Arachnid Privacy Policy, then the Project Arachnid Privacy Policy shall prevail to the extent needed to resolve the conflict.
  31. Waiver. No waiver of any provision of these Terms, or of a breach hereof, is valid unless it is in writing. A waiver of any right under these Terms by You or C3P shall not be deemed to be a waiver of any other right, and a waiver of any right in any one instance shall not be deemed to be a waiver of that right in any other instance.
  32. Assignment. C3P may assign these Terms to any third-party organization that acts in the public interest against online child sexual abuse.
  33. Applicable Law. These Terms shall be governed and construed in accordance with the laws of Manitoba, Canada. Any disputes arising from these Terms shall be exclusively subject to the jurisdiction of the courts of Manitoba, Canada. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Manitoba, CANADA, and all courts competent to hear appeals therefrom.
  34. Survival. Any provision contained within these Terms, which by its very nature is intended to survive termination of these Terms or be used in the interpretation of these Terms, including sections 2, 3, 19, 20, 21, 22, 23, 34, and 35 shall survive such termination.
  35. Entire Agreement. These Terms and the Project Arachnid Privacy Statement are the entire agreement between the You and C3P with respect to the File Upload Feature and the Site. There are no other undertakings, representations, warranties or promises between You and C3P in any form.
  36. Force Majeure. If a Force Majeure Event occurs, C3P shall be excused from performing its obligations under these Terms. During a Force Majeure Event, C3P shall use reasonable efforts to resume its performance under these Terms as soon as reasonably possible. “Force Majeure Event” means any event or circumstance, that was not caused by C3P, is beyond C3P’s reasonable control, and that prevents C3P from complying with any of its obligations under these Terms. A Force Majeure Event may include: labour disruptions; civil disturbances; acts of civil, military, governmental or regulatory authorities; fires; power outages; storms; lightning damage; floods, inclement weather; natural disasters; acts of God; war; terrorism, including cyber-terrorism; cyberattacks, pandemics, epidemics or other catastrophe or event.
  37. Enurement. These shall be binding upon and enure to the benefit of You and C3P and each party’s successors and permitted assigns.
  38. Interpretation. In these Terms, unless otherwise specified or the context otherwise requires: (i) words importing the singular only shall include the plural and vice versa; (ii) any words following the terms "including", "include", "in particular" or "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; (iii) the headings inserted in these Terms are for convenience of reference only and, in no way, define, limit or enlarge the scope or meaning of any of the provisions contained in these Terms; and (iv) certain words shall be as defined in these Terms, and if not expressly defined, shall have their plain and ordinary meaning.