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.
2. Control of the Site and Services
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.
3. Other Parties’ Rights in Content
4. Availability and Termination of Our Services
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.
5. Termination of User Account
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.
7. Registration Data and Account Security
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 firstname.lastname@example.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.
8. Third Party Sites
9. User Generated Content and Other Content
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.
10. Ownership of User Content and Rules of Conduct
a) User Rights
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:
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.
b) Representations and Warranties
By making Your Content available on the Site and Services, you represent and warrant that:
Your posting of Your Content to the Service, and the downloading, copying and use of the Your Content by Users of the Service, will not breach the intellectual property rights, including but not limited to, the copyright, patent, trademark or trade secret rights, of any third party; OR
You are the owner of the rights, including intellectual property rights, in Your Content and that You have fully complied with any third-party licenses relating to Your Content; AND
Your Content does not contain or install any viruses, worms, malware, or other harmful or destructive content; OR
Your Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
c) Rules of Conduct
You agree to not use the Site or Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights of any party;
upload, post, email, transmit or otherwise make available any Content that is plainly irrelevant, off-topic, or repetitive (“flooding”) or unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
harm minors in any way;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
12. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARCO CAMPANA EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MARCO CAMPANA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (vi) OR THAT THIS SITE, ITS CONTENT AND CONFERENCING, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT AND CONFERENCING ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARCO CAMPANA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY MARCO CAMPANA AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
13. Limitation of Liability
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.
14. General Conditions
h) Copyright – Notice and Take Down
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.
i) Disclosure of Content and Personal Information
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.
Who We Are
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.
Information We Collect
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.
Collection of Personal Information
User Account In order to use the Service: a User must first complete the registration form. During registration a User is required to give contact information name and email address and unique identifiers such as username and password. Users may provide other information related to the credentials of the User such as photos, position and organization that will appear on their profile page and the member listing page. Users may provide additional information in the course of making use of and contributing to the Service. We use this information, including any personal information, to provide the Service and to contact the User in connection with the Service. Each User will have a member profile page that will be accessible to other members only when they are logged into the Service. This profile page will display information collected on the registration form or later on from each User, including but not limited to the User’s interests and a short description about themselves. The User’s email address is not displayed. The profile page will also display information about the User’s activity for the purpose of making it easier for other members to see who else is involved in the community, to find common interests between themselves, to choose to communicate with one another, and to see what contributions are being made and recognized (including but not limited to posts, contributed resources, creating groups, participating in open discussion, etc.).
Messages The messages you send or receive using the Site are only private to the extent that you and the sender/recipient keep them private. We not have any control over whether a recipient of one of your personal messages publicly posts it or its contents. We do not use, collect or disclose the content of your messages in the Service.
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.
How We May Use Your Personal Information
We use personal information for the purposes stated or implied at the time of collection, including for the following purposes:
confirming your identity
responding to your inquiries
to meet the legal and regulatory requirements applicable to us
processing Service-related complaints, and
marketing of our services to you, as well as those of our affiliates and third parties.
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.
Transfers and Disclosures of Personal Information
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.
Security and Retention
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.
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.
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.
Access to Personal Information