Welcome to Community.KM4S.ca (“Services” or “Service”, or “Site”), a website platform created by Marco Campana for practitioners and other related stakeholders serving newcomers to Canada to connect, learn, and share together.
Before registering to use the Site, please review the following Terms of Use (“Terms of Use”) carefully and indicate you have done so by checking the box that indicates that you agree to these Terms of Use. In order to create an account on the site, you must review and agree to the Terms of Use Privacy Policy which are incorporated herein by reference.
By creating a “User Account” and/or otherwise accessing the Site in any way or using our Services, you represent and warrant that you have read, understand, and agree to be bound by these Terms of Use (“User”).
PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MARCO CAMPANA FOR THE USE OF THE SITE AND SERVICES. MOREOVER, THIS LEGAL AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IN PARTICULAR, PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU UNDERSTAND HOW YOUR INTELLECTUAL PROPERTY (IP) RIGHTS WILL BE TREATED.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use (a “Revision”) at any time without further notice. If we do this, we will post the Revision to these Terms of Use on this page and will indicate at the bottom of this page the date these terms were last revised.
If you have a User Account prior to any such change, you will be prompted to review and accept the revised Terms of Use prior to logging in to your User Account. If we consider a Revision to be material, we will make reasonable efforts to post a prominent notice on the Site and notify those of you with a current User Account via email.
All Revisions take effect immediately and apply to your use of the Site and our Services from that date forward, except that material Revisions will take effect 30 days after the Revision is made and identified as material. Your continued use of the Site or Services after any such Revision constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site or the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
You acknowledge that Marco Campana has created the Site to allow Users to interact, via the Site, with each other, and/or third parties authorized by Marco Campana to participate on the Site or in the Services. You further acknowledge that Users can present and alter information presented on the Site on a real-time basis.
We generally do not regulate the content of communications between Users or Users’ interactions with the Services. As a result, we has very little control, if any, over the quality, safety, morality, legality, truthfulness, or accuracy of User Content provided by Users. Nonetheless, we reserve the right to monitor (but not the obligation) and/or limit any User Content posted by a User to the Site.
Community Features (defined below) of the Service may include user profiles, events listings, and discussion forums for your access and use solely in relation to the purpose. Discussion forums include both public forums, open to all Users, and groups (open or closed) to group members only. You acknowledge that groups are created, administered, and operated by Users and that the group leader User(s), and not Marco Campana, are responsible for the administration or operation of any such Group.
You acknowledge that by using the Site, you will have access to User Content (defined in Section 9 below) provided by other Users and Site Content provided by Marco Campana. Marco Campana may or may not pre-screen User Content submitted by Users to the Site. You acknowledge that Marco Campana and other Users have rights in their respective Site Content and User Content under copyright and other applicable laws and treaty provisions, and that except as described in these Terms of Use, such rights are not licensed or otherwise transferred to you by mere use of the Services or posting on the Site. You accept full responsibility and liability for your use of any Site Content or User Content in violation of any such rights. You agree that your creation or submission of any User Content is not in any way based upon any expectation of compensation from Marco Campana or any other User.
Marco Campana reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that Marco Campana will not be liable for any interruption of the Site, any delay, or any failure to perform. Marco Campana has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site and/or the Services as it sees fit in its sole discretion. You are responsible for backing up your Content and data.
We may modify, suspend, or terminate your access to or use of our Services or Site anytime for any reason, such as if you violate the letter or spirit of our Terms of Use or create harm, risk, or possible legal exposure for us, our users, or others.
Marco Campana reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. You agree that Marco Campana shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services.
We retain all rights to terminate any User Account at any time for any reason whatsoever.
Without limiting the generality of the foregoing, we may suspend or terminate your User Account and your ability to use our Site or Services or any portion thereof for failure to comply with these Terms of Use or any special items related to a particular service and for infringing copyright.
Users are professionals that work directly or indirectly with newcomers to Canada (such as: core users – settlement practitioners; secondary – student placements, funders, health service providers, housing sector Board members, community legal clinics, etc.; tertiary – academic researchers, teachers, consultants, national organizations (e.g., Canada Council for Refugees). Subject to any specific exception expressly granted by its Service administrators, Marco Campana reserves the right to limit and restrict registration and use of the Service from locations outside of Canada, including through the use of technical means to do so.
You will have to create a User Account to access the Service including the community-related features (“Community Features”) of the Services. In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about yourself, as may be prompted by any registration form on the Site (“Registration Data”), including, but not limited to, your full legal name, name of organization you are affiliated with, city, province, and country of residence; (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to Marco Campana, and keep it accurate, current and complete; and (d) be fully responsible for all use of your User Account and for any actions that take place using your User Account.
You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.
Your User Account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your User Account, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and Services and to preserve the confidentiality of your username and password, and any device that you use to access our Site and Services. You also agree to promptly notify us at marco@marcopolis.org of any unauthorized use of your username, password, other account information, or any other compromise of your credentials or account that you become aware of involving or relating to our Site or Services.
The Site and Services may include links to sites and information created and maintained by third parties (“Third Party Sites”) for the convenience of Users. Marco Campana does not endorse or recommend any specific sites for any particular purposes and is not responsible for the Content or operation of Third Party Sites. Marco Campana recommends that You carefully read the terms and conditions and privacy policy of any Third Party Sites that You visit.
“Content” is all information, data, text, comments, content ratings, graphics, messages, visual, written or audible communications, or other materials, including, where applicable, materials from third party sites that are displayed and/or accessible on the Site. Content includes (a) User-generated and uploaded Content; (b) links to sites and information created and maintained by third parties; and (c) Content that is posted by Marco Campana. All Content is protected under the copyright details indicated on the Content if applicable, and as indicated in these Terms of Use.
By agreeing to the Terms of Use, you acknowledge and agree to abide by all copyright licenses in effect. You also agree to use our Site and Services in compliance with all privacy, data protection, intellectual property and other applicable laws of your jurisdiction.
You also understand that all Content that is not posted by Marco Campana, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Such Content does not represent the views of Marco Campana. This means that you, and not Marco Campana, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site and its Services.
You agree that You must evaluate, and bear all risks associated with, the Use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you should not rely on any Content created by or submitted to the Service by Marco Campana or any third party, including without limitation information in comments, and in all other parts of the Service.
We are not responsible for, and we do not endorse, or represent or guarantee the truthfulness, accuracy, or reliability of the opinions, advice, information, content, or recommendations posted or sent by Users on any of our Services. You understand that by using the Site and our Services, including Community Features, there is a risk that you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Marco Campana be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the Use of any Content posted, emailed, transmitted or otherwise made available via the Site or Services.
You acknowledge that Marco Campana may or may not pre-screen Content, but that Marco Camapna and his designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Service. You and other Users may report any Content such as comments and other posts as inappropriate to us through our contact form.
Subject to the rights, including intellectual property rights, of Marco Campana and his licensors in the Service and Service related systems and technology, Marco Campana does not claim ownership of Content you submit or make available for inclusion on the Site and Services (“Your Content”).
However, in order to provide and maintain the Site and Services, with respect to Your Content you submit or make available for inclusion on the Site or Services, including without limitation page content and comments you post to the Site or Services, you grant Marco Campana and the Users of the Site or Services a license to Your Content under the following Creative Commons license:
Attribution-NonCommercial-ShareAlike 2.5 Canada (CC BY-NC-SA 2.5 CA)
or the following alternative Creative Commons license (but only to the extent to which this alternative license has been indicated by you on the applicable material comprising such Content):
Attribution-NonCommercial-No Derivs 2.5 Canada (CC BY-NC-ND 2.5 CA)
Except to the extent some other form of license to such Content has been expressly agreed to in writing between you and Marco Campana prior to the posting of such Content and such license has been indicated on the applicable material comprising such Content.
By making Your Content available on the Site and Services, you represent and warrant that:
You agree to not use the Site or Services to:
Marco Campana reserves the right, at his sole discretion, to determine whether or not a User’s conduct is consistent with the letter and spirit of these Terms of Use and may suspend or terminate the User Account if found to be inconsistent with the Terms of Use.
You agree to indemnify, defend, and hold harmless Marco Campana and his subsidiaries, affiliates, officers, agents, suppliers, co-branders or other partners, and employees, from any and all claims, liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) arising out of Content you submit, post, transmit or make available through the Service; (b) your Use of or conduct with respect to the Site or Services, your connection to the Site or Services or your violation of these Terms of Use; and (c) your violation of any rights of another User. You will cooperate as fully as required by us in the defense or settlement of any claim.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARCO CAMPANA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARCO CAMPANA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARCO CAMPANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Marco Campana without restriction.
If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
Any amendment to or waiver of our Terms of Use requires our express consent.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Unless a mutually executed agreement between you and us states otherwise, our Terms of Use, Privacy Policy and Copyright and Intellectual Property Policy make up the entire agreement between you and us regarding the Site and our Services, and supersede any prior agreements.
The Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada, without giving effect to any principles of conflicts of laws. Any dispute arising from the Terms of Use or breach of the Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of the government of Canada and you agree to personal jurisdiction by your provincial and federal courts sitting where you reside in Canada. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms of Use.
It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
It is Marco Campana’s policy to respond to applicable notices of alleged infringement that comply with the notice and take down provisions and processes according to the Copyright and Intellectual Property Policy.
You acknowledge, consent and agree that Marco Campana may access, preserve, and disclose your Content and any personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Marco Campana, the users of the Site and Services and the public.
Certain information about you is subject to our Privacy Policy. For more information, visit our Privacy Policy.
When you visit Community.KM4S.ca (“Services” or “Service”, or “Site”), it is important for you to know that your privacy is important to us. This page details our policies on privacy-related matters. This Privacy Policy tells you how we collect, use, store, transfer and disclose your personal information. By providing your information, you agree to your personal information being processed in accordance with this Privacy Policy, as amended from time to time.
We are committed to protecting the privacy and confidentiality of information of our Users and to handling responsibly the information and data we collect about you through the Site.
The Service is a Canadian community for practitioners and other stakeholders that serve newcomers to Canada (“Users”). As a community, the Service provides Users with access to an online space to connect, share, and learn together. The Service enables Users to share materials, discover new approaches, locate solutions, and network. Personal information includes all information about an identifiable person.
We collect some information which is not attributable to an identifiable individual. However, the creation of a Site account requires an email address. When logged in, your online interactions will be linked to your account, including messages, comments, posts, and likes.
We may also collect anonymous aggregate information on what pages you access or visit. The aggregate information we collect is used for many different purposes in order to serve you better. Among these purposes is to improve the content of the Site and to customize the content and/or layout of the Site for each individual visitor.
Our collection of personal information is limited to that which is reasonable under the circumstances, and we only collect your personal information with your consent.
We use personal information for the purposes stated or implied at the time of collection, including for the following purposes:
We may otherwise use your personal information where permissible by law, for example to respond to an emergency, or in the course of an investigation into illegal behaviour.
We will not disclose personal information to any external organization without your consent unless we are required or permitted to do so by law, including in the event of a reorganization or change of control.
Your personal information may be stored, processed or otherwise used by us, our affiliates or our service providers, both inside and outside Canada. As a result, that country’s courts, governments or law enforcement agencies could obtain disclosure of your information in accordance with that country’s laws. Whenever we hire other organizations or third-party service providers to provide support services, they will be required to conform to our privacy standards and to allow us to audit them for compliance.
The security of your personal information is important to us. We take all reasonable steps to protect the security and confidentiality of your personal information. We protect the personal information within our custody or control with appropriate organizational, technological and physical safeguards. Unfortunately, no data transmission over the Internet can be guaranteed to be fully secure. As a result, while we are committed to protecting your personal information, we cannot ensure or warrant in any way the security of any information you provide to us.
We store personal information in electronic and physical files that are secure, and our security measures include secure on- and off-site storage, restricted access to records and data processing equipment, password protocols, and encryption and security software. We conduct audits and monitor compliance with our privacy practices.
We only retain personal information for as long as is necessary for the purpose for which it was collected. When we no longer are required to retain the information, we will destroy, erase, or de-identify the information. Legal requirements, however, may require us to retain some or all of the personal information we hold for a period of time that is longer than that for which we might otherwise hold.
If your account is terminated, we will terminate your access to your account, but reserve the right not to remove your profile from the Site, and may retain your information as necessary for our future use as authorized under this Privacy Policy. We may use retained data to prevent, investigate, or identify possible wrongdoing in connection with the Site or to comply with legal obligations. Information may exist in backup storage even after it has been removed from our active databases.
When your information is shared with the host/presenter of an event in which You have chosen to participate, We lose control over how they will use, collect, and/or disseminate your information. Accordingly, You understand and agree that We are not responsible for the privacy practices or the content of the host/presenter and/or any third party websites, and You agree that We are not responsible for how such information is ultimately used.
Our Site uses “cookies,” which is a small text file number that is stored on your hard drive when you begin to navigate the Site. The cookies used by this Site do not contain any personal information about you, but they may identify your specific computer. Cookies are required for you to stay logged in and access this site other than limited external content. We do not save personal information on cookies or through the use of pixel tags without your permission. You will need to allow us to use cookies if your browser is set to block them for all sites. We may also use cookies to track activity and click-through behavior to better understand your preferences and browsing habits, and to provide personalized email alerts and a more personalized experience while visiting the Site. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent.
Third party vendors may also use cookies to serve you ads based on your visit to the Site or other websites. You may opt out of other third-party vendor’s use of cookies for personalized advertising by visiting their website, and/or by visiting AdChoices.
We may also use third-party service providers to monitor and analyze the use of our Site. Google Analytics is a web analytics service offered by Google Inc. (“Google”) that tracks, monitors and reports traffic on our Site. Google tracks information like (i) your IP address; (ii) the type of web browser and operating system being used; (iii) the pages of the Site that you visit; and (iv) other websites you may have visited before visiting our Site. Google may also transfer this information to other third parties where they are required to do so by law, or where such third parties process the information on their behalf.
You can opt-out of having your activity on the Site made available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about a visit’s activity. Learn more about Google’s Privacy Practices.
The Site may contain links to websites other than the Site, or redirect to or integrate services other than the Services. We do not share your personal information with these third party websites, nor are we responsible for the privacy practices of these websites and services. We make no representations or warranties concerning such websites and services, nor shall we have any liability concerning such websites and services. You should always read the privacy policy of each website you visit carefully.
We may amend this Privacy Policy from time to time as we add or improve our services and as technologies change. If we make a change to this Privacy Policy this will be reflected in the below “Date last modified” date. We encourage you to check back periodically to see if we have made any changes. If we make any material or substantive changes in this Privacy Policy, we will notify you by posting a clear and conspicuous notice of these changes on the Site and in this Privacy Policy.
You or a person authorized on your behalf has the right to request to see and obtain a copy of your personal information and to request changes or corrections to inaccurate or incomplete information. If you have questions, suggestions or concerns related to this Privacy Policy, you may contact our privacy officer:
Privacy Officer
Community.KM4S.ca
marco@marcopolis.org