Last updated: January 25, 2021
This page outlines the terms and conditions under which Glass Canvas Media Inc. (“Glass Canvas”, “us”, “we” or “our”) provides the use of our Software service, sites, web applications, desktop and mobile applications (collectively referred to herein as “Tilma” or “Tilma Platform”).
2. Users / Accounts
2.1. Creating Accounts
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
The organization (e.g., the Diocese or Parish) is our customer (the “Customer”). An individual who has the full authority to enter into binding contracts and conduct business on behalf of the Customer (the “Account Owner”) must be the person who creates the Tilma account on the Customer's behalf (the “Account”). We may require the Account Owner to provide proof of authority to enter into contracts on behalf of the Customer, and we reserve the right to suspend the Customer's access to Tilma until such proof is provided. However, we specifically disclaim all liability for an Account that was opened by an individual who had no authority to do so on Customer's behalf.
By creating an Account, Customer represents and warrants that the Account Owner has full authority to create the Account; that all registration information that the Account Owner submits is truthful and accurate; and that Customer will maintain the accuracy of such information. If any of the Account information changes, the Account must be immediately updated with the current information. Information related to the Account can be changed or updated by going to the “Settings” area of your Tilma Product and modifying the pertinent information. You can also contact us with questions on how to update or change your information by email at email@example.com.
2.3. Account Owners
Upon the creation of the Account, the Initial User is automatically deemed an Account Owner of the Account. The Account Owner may delegate additional Account Owners who have full access to manage the Account and use Tilma (collectively, the “Account Owners”). The Account Owners must also have full authority to enter into binding contracts and conduct business on behalf of the Customer. We may require the Account Owners to provide proof that they have the authority to enter into contracts on behalf of the Customer. However, we specifically disclaim all liability for the actions of Account Owners who had no authority to act on Customer's behalf.
Account Owners may be added or deleted by another Account Owner. In the event an Account Owner is deleted, the Account Owners shall cease to have access to Tilma and any information within Tilma. In addition, an Account Owner, acting on behalf of the Customer, may delete the Account and therefore all data and information related to the Account in Tilma. Account Owners, acting on behalf of the Customer, may also rename the Account or sign up for additional features of Tilma. However, Account Owners shall not take any action or inaction that is disparaging to the Customer or contrary to the Customer's mission or instructions. We are not liable for the conduct of a Customer, Account Owners, including, without limitation, deletion of data, improper use of data, inappropriate information posted, violation of laws related to privacy, or any other conduct by a Customer or Account Owner.
In the event of a conflict among Account Owners or between Account Owners and the Customer, the Customer must resolve the issue and provide us with written instructions on how to proceed that are signed by the Chief Executive of the organization. We will proceed based on those instructions. In the event of a conflict over the identity of the Chief Executive, we will act in accordance with a court order that names the Chief Executive. If a dispute requires us to engage counsel, the Customer agrees to pay our fees and costs. We may suspend the Tilma account until said conflict is resolved.
2.4. Authorized Users
“Authorized Users” are users who are granted permission to access Tilma by either (i) an Account Owner, or (ii) another Authorized User that has been given the permissions to add additional Authorized Users by an Account Owner. However, Authorized Users will not have access to the same administrative features as Account Owners. Authorized Users acknowledge and agree that an Account Owner or another Authorized User may (a) remove their access to Tilma; or (b) delete or change any information that such user has entered into Tilma.
Authorized Users shall not take any action or inaction that: interferes with the Customer's ability to use Tilma, is disparaging to the Customer, or is contrary to the Customer's mission and/or instructions.
“End Users”, “Users” or “Individuals” are single users who have a connection with the Customer (e.g., a member of the parish). Individuals can sign up to use and access certain features of Tilma such as event registration and donations. To be clear, Individuals do not have full access to all features of Tilma, and Individuals' accounts are linked to the corresponding Customer. This means that the Customer, Account Owners and/or Authorized Users can view information and data that Individuals have entered into Tilma.
Individuals acknowledge and agree that the Customer and its agents can view, access and use the information and data Individuals have entered into Tilma. Individuals also acknowledge and agree that Account Owners or Authorized Users may (a) remove their access to Tilma; (b) delete or change any information that such Individual has entered into Tilma; or (c) delete the Individual's entire Account, which would result in the deletion of all data from the Individual.
3. Your Responsibility
3.1. Responsibilities of the Customer
Some of the features of Tilma allow the Customer, Account Owners, Authorized Users or Individuals to enter data into Tilma (“Customer Data”). Customer Data may include or incorporate information related to Members – for example, the names and addresses of the Customer's members, and any donations from said members (“Member Information”). The Customer represents and warrants that it has the rights, basis, and permissions to enter the Customer Data and Member Information into Tilma. Customer further understands and agrees that it shall bear all responsibility for the Customer Data and Member Information, and Customer shall resolve all disputes involving the Member Information.
In the event that we are contacted by a person who has a dispute related to Customer Data or Member Information, we will notify the Customer within 45 days. We have the right to suspend or terminate the Tilma account until the Customer and said person resolve their dispute. The Customer represents and warrants that it will hold us harmless from all claims and/or disputes related to the Customer Data and Member Information, as more fully described in Section 12 (Indemnification).
To be clear, Customer is responsible for complying with all applicable laws, rules and regulations, and represents and warrants that it and its Account Owners, Authorized Users and Individuals will not use Tilma in a manner that violates the laws, rules and regulations in the applicable jurisdiction.
3.2. Responsibilities of the Account Owner
3.3. Responsibilities of Authorized Users and Individuals
3.4. Responsibilities of all Users
All users of Tilma (whether you are a Customer, Account Owner, Authorized User or Individual) are responsible for their respective usernames, passwords, and the security of the Account. You may never use another's username and password. You may not allow others to access or use Tilma with your unique username, password, or other security code. You agree to notify us immediately of any breach of security or unauthorized use of your account. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your username and password. You shall keep your account password secure, and take appropriate measures to safeguard the security of your username, password and electronic device(s).
In addition, all users of Tilma are responsible for providing their legal full name, a valid email address or mobile phone number, and any other information requested in order to complete the signup process. If any of this information changes, the information must be immediately updated with the current information. Information can be changed or updated by going to the “Profile” area of Tilma and modifying the pertinent information. All users can also contact us with questions on how to update or change their information by email at firstname.lastname@example.org.
Your access to and use of Tilma (whether you are a Customer, Administrator, Authorized User or Individual) requires you to exercise the same degree of care as you exercise with respect to your own confidential and/or proprietary information. You must protect the confidential nature of a private individual’s personal information that you might have access to with your permission levels.
3.5. Third Party Services
Our Service may contain links to third party websites or services that are not owned or controlled by Glass Canvas. Glass Canvas has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
3.6. Comply With Our Acceptable Use Policy.
You must comply with our Acceptable Use Policy (which is incorporated herein by reference). You represent and warrant that your User Content and your use of Tilma complies with our Acceptable Use Policy.
4. Data Ownership & Privacy
4.1. Data Ownership
Our customers retain all the rights to the data they store in Tilma. We are considered a “Service Provider” as defined by the California Consumer Privacy Act (CCPA), or a “Subprocessor” as defined by the Global Data Protection Regulation (GDPR).
In short, the data stored in our databases by users of Tilma is entrusted to us for safekeeping, but it is not our data. We are legally and contractually obligated to hold certain standards to the data we process. Some of these obligations include:
- To never retain, disclose, or use an individual’s parish data for any purpose other than for provide feature functionality within Tilma
- To provide appropriate levels of technical and organizational measures to ensure the security of the data we process
- To assist you in fulfilling your legal obligations in regard to the data that we process on your behalf
4.2. Data shared within the Tilma Platform
Individual information shared between the Diocese and Parish is subject to the existing data sharing policies between a parish and diocese according to canon law.
5.1. User Content
Users of Tilma (whether you are a Customer, Administrator, Authorized User or Individual) may provide us with content, including without limitation text, photos, images, audio, video, fonts, logos, stickers, code and any other materials (“User Content"). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect Tilma as described in this Agreement. User Content includes without limitation content you post to Your Sites. "Your Sites" means the sites you create or publish using Tilma.
5.2. Only Use Content you’re allowed to use
You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license your User Content via Tilma and in the manner set forth in this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on Tilma may be protected by others' intellectual property, trade secrets or other rights. Please don't copy, upload, download or share content unless you have the right to do so.
5.3. Your license to us
When you provide User Content via Tilma, you grant us (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with Tilma), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect Tilma. This Section does not affect any rights you may have under applicable data protection laws.
5.4. Content Sharing
As part of the Tilma Network, you agree to share any content (ex: events and resources) you or your organization creates or uploads to your Tilma site with all other Tilma sites which are part of the Tilma Network. You will not be compensated for any shared content.
This permission shall include, without need for further approval, distribution on Tilma. This includes but is not limited to Diocesan news sites, Diocesan websites, Catholic parish websites, Catholic school websites, and Catholic affiliate partner sites.
5.5. Featuring your site
We may choose to feature Your Sites or names, trademarks, service marks or logos included on Your Sites. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, or any portion of Your Sites, including without limitation names, trademarks, service marks or logos on Your Sites, for the limited purpose of our marketing and promotional activities. For example, we may feature Your Sites on our Website, or on our social media accounts. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites or names, trademarks, service marks or logos on Your Sites and any right of inspection or approval of any such use. You can opt out of being featured by contacting us at email@example.com; please include “Promotional Featuring of my Site” as the subject line. This Section does not affect any rights you may have under applicable data protection laws.
6. Intellectual Property Rights & Copyright
6.1. Our Intellectual Property
Tilma, including but not limited to text, graphics, images, logos, buttons, icons, software and other materials and the overall "look" and "feel" of Tilma, are the sole property of Glass Canvas Media Inc., and are the protected patents, copyrights, trademarks, and service marks of Glass Canvas Media Inc. (the “GC IP”). Content which is not created by us, including all other third-party product and service marks, are the trademarks and copyrights of their respective owners. Unauthorized use of the GC IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the GC IP unless you obtain our explicit written consent. We grant you a license to use the GC IP for the sole purpose of accessing and using Tilma.
6.2. Using your Feedback
We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
We are committed to protecting copyrights and expect our users to do the same. We abide by the federal Digital Millennium Copyright Act ("DMCA"). If the owner of a proprietary work believes that a user of Tilma is using his/her/its proprietary work and that work has been copied in a way that constitutes a copyright infringement, please send us a written notification to the following address:
Glass Canvas Media Inc.
9220 Glover Rd.
Langley, BC V1M 2R4
The written notification should include substantially the following information (please consult legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process the notification, please use the following format:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that the copyright owner claims has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on/in Tilma;
- Information reasonably sufficient to permit us to contact the copyright owner, such as his/her/its address, telephone number, and, e-mail address;
- A statement that the copyright owner (or his/her/its representative) has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that the signatory is the copyright owner or is authorized to act on behalf of the owner.
4. Counter Notice
If you disagree that you are infringing on another’s work, you may elect to send us a counter notice. To be effective, your counter notice must be a written communication provided to our designated agent that includes substantially the following information (please consult legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process the counter notification, please use the following format:
- A physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
7. Paid Services and Fees
7.1. How We Bill for Tilma
If you sign up for a paid account, you have the option of paying by check or by credit card in the following manner:
If you elect to pay via check, we will send you an invoice 30 days before payment is due. You have the option to choose to pay for your account every one (1) or twelve (12) months.
If you elect to pay via credit card and you (i) initially sign up for a paid account, and (ii) do not cancel that account within 30 days, your card will be automatically charged starting on the 30th day after your account was initially created. We will continue to charge your credit card each month on the same day of the month that your credit card was first charged until you cancel your account with Tilma. For example, if you signed up for a paid account on April 1, your credit card will be charged on May 1 (30 days later), and will be charged on the 1st of the month every month thereafter until you cancel the Services. If you cancel prior to the processing of your first invoice prior to the 30th day, you will not be charged. See Section 8, below, for how to cancel Tilma.
To be clear, if you sign up for a paid account and (i) choose to pay via credit card and (ii) do not cancel at the end of 30 days, YOUR CREDIT CARD WILL BE AUTOMATICALLY CHARGED THE AMOUNT OF THE PAID ACCOUNT PLAN AND YOUR PAID ACCOUNT PLAN WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS OF ONE MONTH. AS SUCH, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED AT THE THEN-CURRENT RATE ON THE SAME DAY OF THE MONTH, EACH MONTH, UNTIL YOU CANCEL YOUR TILMA ACCOUNT. For current pricing, you can contact us at firstname.lastname@example.org.
7.2. Custom Agency Work
Customers requiring Glass Canvas’ agency services (e.g. custom development, design, strategy, content, etc..) will be subject to the terms of our Master Services Agreement and subsequent Statements of Work or Work Orders. All these services will be charged on a time and materials basis. If you would like to inquire about custom agency work, please contact us at email@example.com.
Tilma is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for unused months of Tilma. In order to treat everyone equally, no exceptions will be made.
7.4. Changes to pricing
We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
7.6. Expired Credit Cards
In the event your credit card expires or cannot be charged, you will have 30 days to remit payment to us before we suspend your Account and your access to Tilma pursuant to our termination provision below. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the suspension of your Account.
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer support at firstname.lastname@example.org, before filing a Chargeback. We reserve our right to dispute any Chargeback.
8. Cancelation and Termination
8.1. Canceling your Account
Customer is solely responsible for properly cancelling the Account. An email or phone request is the best method to request cancellation of your Account. If you have questions regarding cancelling an Account, we are happy to help. Just email us at email@example.com or give us a call at +1 (236) 301-8165. However, please be aware that you will no longer have access to Tilma and all Customer Data will be deleted after one (1) year. Customer Data cannot be recovered once your account is cancelled and one year from the date of cancellation has passed. Thus, we require that the Account Owner who is cancelling the Account on behalf of the Customer have the Customer's full authorization and consent.
8.2. Terminating your Account
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
9. Online Giving & Payment Processing
9.1. Giving online
Individuals who choose to set up recurring online giving, charges are billed to their valid payment information on a subscription basis ("Recurring Giving Subscription(s)"). They will be billed on a recurring and periodic basis ("Billing Cycle").
At the end of each Billing Cycle, the Individual’s Recurring Giving Subscription will automatically renew under the exact same conditions unless it is canceled by us, the Customer, the Authorized User, or the Individual. Individual’s may cancel their Recurring Giving Subscription renewal either through their online profile or by contacting the Customer.
A valid payment method, including credit card, is required to process the payment for your Recurring Giving Subscription. You shall provide Glass Canvas with accurate and complete billing information including full name, address, state/province, zip/postal code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, you will be notified and you can update your payment information either through your online profile or by contacting the Customer.
9.2. Our payment processor
We use a third party payment processors to bill you through a payment account linked to your Account. The processing of payments will be subject to the merchant agreement of the Payment Processor, in addition to this Agreement. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
If you are using our payment processor to process your online donations. You will need to agree to the merchant agreement, provided during the onboarding process.
9.3. Financial Liability
Glass Canvas assumes no liability due to scenarios including but not limited to fraud, chargebacks, refunds, or other functions relating to online giving, and functions relating to text giving.
10. Disclaimers and Warranties
10.1. Release and Limitations of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION) AND THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, TILMA AND/OR THE CONTENT WITHIN TILMA, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR TILMA.
WE DO NOT WARRANT THAT TILMA, OR THE CONTENT AVAILABLE ON OR THROUGH TILMA, WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF TILMA RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF Tilma AND THE INTERNET IN GENERAL. TILMA IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MINISTRY CENTERED TECHNOLOGIES, INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF TILMA, SOFTWARE, TEXT, GRAPHICS AND LINKS.
10.3. Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Tilma must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
11. Limitation on Liability
IN NO EVENT WILL GLASS CANVAS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GLASS CANVAS AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Miscellaneous Provisions
13.1. Use Tilma at your own risk
Your use of Tilma is at your sole risk. The Services are provided on an “as is” and “as available” basis.
13.2. Access outside the USA and Canada
We make no claims that Tilma is appropriate or legal to be viewed by certain persons or in certain countries. If you access Tilma from outside of the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
13.3. No waiver and partial validity
Please read this Section carefully. It is part of your agreement with us, and it affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.
You agree that any dispute related to this Agreement, your use of Tilma, or any dispute related to your relationship with Glass Canvas Media Inc. or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the International Centre for Dispute Resolution in Canada (ICDR Canada). The ICDR Canada Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The ICDR Canada Rules of Arbitration are available on ICDR’s website, https://www.icdr.org/icdrcanada. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
13.5. Jury Trial Waiver
Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL.
You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Glass Canvas Media Inc. in any province, state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
13.6. Class Action Waiver
Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS.
ALL CLAIMS AND DISPUTES BETWEEN YOU AND GLASS CANVAS MEDIA INC. MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
13.7. 30 Day Right to Opt-Out
You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement by sending written notice of your decision to opt out to either Glass Canvas, 9220-Glover Rd, Langley, BC V1M 2R4, Canada; or firstname.lastname@example.org (with the subject line: Opt-Out of Arbitration, Jury Trial Waiver and Class Action Waiver Provisions) within 30 days from the date you first create an Account. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply; you must bring claims per the Section labeled “Governing Law,” below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in this Section. Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement. Since the information provided in this Agreement is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.
13.8. Equitable Relief
13.9. Governing Law and Jurisdiction
13.10. Entire Agreement
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
13.11. Digital Admissibility
Any questions about this Policy should be addressed to our support team at email@example.com by calling +1 (236) 301-8165.