This version is dated 9 June 2016.
The Curriculum Guidelines for the Ontario Adult Non-Credit Language Training Program consists of a set of guiding principles for language training delivery (articulated in the document Keystone Concepts), and a suite of online interactive program planning tools and resources. It is delivered through Quartz, a web application custom built for Ontario adult non-credit language training instructors and administrators.
1. Description of Service
Quartz is a guided environment where users can create their own course outlines, unit outlines, lesson series and assessment forms. It provides users with access to sample ESL and FSL materials including course materials, unit plans, lesson plans, and assessment information. Quartz is funded by the Ontario Ministry of Citizenship, Immigration, and International Trade (MCIIT).
2. Use of Quartz and Licensing of Content
Subject to the terms and conditions of this Agreement, CCLB/TCDSB grants the User a limited, personal, non-exclusive, non-sub licensable, non-transferable, freely revocable license to access and use Quartz solely for its intended use as online interactive program planning tools and resources. All other use of Quartz, including but not limited to, the sublicensing, assignment, resale, transfer, modification, publication, transmission, participation in the transfer of sale of, reproduction, distribution, performance, display, incorporation into another Web site, mirroring , or in any other way exploiting Quartz and any Content, in whole or in part other than for the Purpose, is prohibited.
Unless otherwise indicated on the applicable material, user created content that is shared by the user, is copyrighted to the User with the understanding that it is sharable with and usable by others.
For greater certainty, the User acknowledges and agrees that the Content, and any material based on the Content, is
- clearly marked and identified as Quartz
- not used for any commercial purposes including any use in for-profit courses and instruction such as those provided by private schools and companies; and
- not charged for, apart from a small fee (for printing costs, etc.) for such Content and materials strictly on a cost-recovery basis.
You must create a User Account to access Quartz. When you create your account, you must provide accurate and complete information and undertake to keep the information current. you are solely responsible for the activity that occurs on your account. You should keep your password secure and notify your administrator immediately of any breach of security or unauthorized use of your account. CCLB/TCDSB will not be liable for any losses or damages to you or any third party caused by any unauthorized use of your account.
If Quartz has reasonable grounds to suspect that your registration information is untrue, inaccurate, not current, or incomplete, Quartz has the right to suspend or terminate your account.
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 ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated and represent the views of the user and not of CCLB/TCDSB. In other words, you, and not CCLB/TCDSB, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Quartz.
CCLB/TCDSB may or may not pre-screen Content, but that CCLB/TCDSB and its 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 Quartz. Users may report any Content such as comments and other posts as inappropriate to the administrators. Without limiting the foregoing, CCLB/TCDSB and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
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 should not rely on any Content created by or submitted to Quartz by CCLB/TCDSB or any third party, including, without limitation, information in comments, and in all other parts of Quartz.
CCLB/TCDSB does not control the Content posted via Quartz and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using Quartz, there is a risk that you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CCLB/TCDSB 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 Quartz.
5. Your Content
Subject to the rights, including intellectual property rights, of CCLB/TCDSB and its licensors in the Service and Service related systems and technology, CCLB/TCDSB does not claim ownership of Content You submit or make available for inclusion on the Service (“Your Content”).
In order to provide and maintain Quartz, with respect to the Content you submit or make available for inclusion on Quartz, including without limitation page content you grant CCLB/TCDSB and the Users of Quartz a license to Your Content except to the extent some other form of license to such Content has been expressly agreed to in writing between You and the administrators 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 Quartz, You represent and warrant that:
Your posting of Your Content to Quartz, and the downloading, copying and use of the Your Content by Users of Quartz, will not breach the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
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;
Your Content does not contain or install any viruses, worms, malware, or other harmful or destructive content;
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). You agree to not Use Quartz 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 ("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.
CCLB/TCDSB reserves the right, at its sole discretion, to determine whether or not a User's conduct is consistent with the letter and spirit of this Agreement and may suspend or terminate Service if a User's conduct is found to be inconsistent with said Agreement.
You agree to indemnify, defend, and hold CCLB/TCDSB, and its subsidiaries, affiliates, officers, agents, suppliers, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Quartz, your use of or conduct with respect to Quartz, your connection to Quartz, your violation of this Agreement, or your violation of any rights of another.
9. Disclaimer of warranties
You understand and agree that:
- Your use of Quartz is at your sole risk. Quartz is provided on an "as is" and "as available" basis. CCLB/TCDSB 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.
- CCLB/TCDSB makes no warranty that (i) Quartz will meet your requirements, (ii) Quartz will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Quartz will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through Quartz will meet your expectations, (v) any errors in the software will be corrected, (vi) or that this web site, its content and the servers on which the web site and content are available are free of viruses or other harmful components.
- Any material downloaded or otherwise obtained through the use of Quartz 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 CCLB/TCDSB or through or from Quartz 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 CCLB/TCDSB and remains the responsibility of such third parties.
- Quartz may establish general practices and limits concerning use of Quartz services. Quartz has no responsibility or liability for the deletion or failure to store any data and other communications or other Content maintained or transmitted by Quartz. Quartz reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Quartz reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Quartz reserves the right at any time to modify or discontinue, temporarily or permanently, Quartz services (or any part thereof), with or without notice. You agree that Quartz shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Quartz services.
10. Limitation of liability
You expressly understand and agree that CCLB/TCDSB 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 CCLB/TCDSB has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use quartz; (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 quartz; or (v) any other matter relating to quartz.
11. Exclusions and limitations
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 of sections 9 and 10 may not apply to you.
12. Modifications to Service and Agreement
CCLB/TCDSB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Quartz (or any part thereof) with or without notice. You agree that CCLB\TCDSB shall not be liable to You or to any third party for any modification, suspension or discontinuance of Quartz, or any loss of data that modification or discontinuance may entail.
CCLB/TCDSB may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use Quartz after the notice is posted, You are indicating Your acceptance of those changes.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned or transferred by CCLB/TCDSB without restriction.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
15. Refusal or Discontinuance of Service
CCLB/TCDSB reserves the right, in its sole and unfettered discretion, to refuse or discontinue service to You or any User for non-compliance with this Agreement.
16. Headings for Convenience Only
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
17. Choice of Law and Forum
This Agreement will be governed by the laws of the Province of Ontario, Canada. Any dispute arising from the terms of this Agreement or breach of this Agreement will be governed by the laws of the Province of Ontario, Canada and You agree to personal jurisdiction by the provincial and federal courts sitting Toronto, Ontario, 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 this Agreement.
18. Copyright - Notice and Take Down
It is CCLB/TCDSB’s policy to respond to applicable notices of alleged infringement that comply with the notice and take down provisions and processes of the applicable copyright legislation.
19. Disclosure of Content and Personal Information
You acknowledge, consent and agree that CCLB/TCDSB 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 this Agreement; (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 CCLB/TCDSB, the users of Quartz and the public.
20. Privacy Notice
Certain information about You is subject to the Privacy Notice. For more information, see the Service privacy notice at Privacy.
21. CCLB and TCDSB’s addresses
Center for Canadian Language Benchmarks, 294 Albert, room 400, Ottawa, ON K1P 6E6
Toronto Catholic District School Board, 80 Sheppard Ave. East, Toronto, M2N 6E8