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Terms of Use

Last updated: January 25, 2021

1. Overview

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”).

Please read this page carefully. Your access to and use of Tilma (whether you are a Customer, Administrator, Authorized User or Individual, as described in further detail below), is conditioned upon your acceptance of and compliance with these Terms. In other words, these Terms of Use are a binding contract between you and us. By entering into these Terms of Use, you further acknowledge your understanding and acceptance of our Privacy Policy.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Tilma thereafter. your continued use of Tilma, following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as these terms constitute a legally binding agreement between us and you.

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.

2.2. Customers

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 support@tilma.io.

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.

2.5. Individuals

“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

The Customer shall ensure that Customer and all Account Owners, Authorized Users and Individuals comply with these Terms of Use and our Privacy Policy. The Customer further represents and warrants that it is responsible for itself as well as the conduct of Account Owners, Authorized Users and Individuals. The Customer agrees to hold us harmless for the conduct of Customer, the Account Owners, the Authorized Users and the Individuals per Section 12 (Indemnification). The Customer shall cooperate with us in ensuring that they, Account Owners, Authorized Users and Individuals comply with these Terms of Use.

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

Account Owners shall follow the instructions of the Customer, and shall comply with the Customer's policies and practices that are relevant to the use of Tilma. Account Owners shall also provide us with all necessary rights, permissions and/or consents necessary to grant us the rights and licenses in these Terms of Use, and all rights, permissions and/or consents necessary for the lawful use and transmission of personal information and data that is required for the use and operation of Tilma.

Furthermore, Account Owners shall (a) ensure that Authorized Users and Individuals understand and comply with all Customer policies and practices that are relevant to their use of Tilma; (b) ensure that the Authorized Users and Individuals understand and comply with these Terms of Use, Privacy Policy, and the Acceptable Use Policy; (c) obtain all rights, permissions and/or consents from Authorized Users and Individuals that are necessary to grant us the rights and licenses in these Terms of Use; and (d) obtain all rights, permissions and/or consents from Authorized Users and Individuals for the lawful use and transmission of their personal information and data that is required for their use and operation of Tilma. Account Owners shall cooperate with us in ensuring that they, the Customer, Authorized Users and Individuals comply with these Terms of Use.

3.3. Responsibilities of Authorized Users and Individuals

Authorized Users and Individuals shall follow the instruction of Account Owners and the Customer. Authorized Users and Individuals shall: (a) comply with all Customer policies and practices that are relevant to the use of Tilma; (b) comply with these Terms of Use, Privacy Policy, and the Acceptable Use Policy; (c) provide the Customer and/or Account Owners with all rights, permissions and/or consents that are necessary to grant us the rights and licenses in these Terms of Use; and (d) provide all permissions and/or consents to the Customer and/or Account Owners for the lawful use and transmission of their personal information and data that is required for the use and operation of Tilma.

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 support@tilma.io.

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.

Finally, all users of Tilma shall be responsible for complying with these Terms of Use, and further understand and agree that they are responsible for all information, data and content that they enter into Tilma, and all activity that occurs using Tilma.

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.

You acknowledge and agree that Glass Canvas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. We strongly advise you to read the terms of use and privacy policies of any third party websites or services that you visit.

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

These bullets are the highlights, not the complete list. More information can be found by reading our Privacy Policy.

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.

4.3. Privacy Policy

We receive personal information from individuals for the business purposes of providing Tilma. We will not retain, use, or disclose this data, including personal information, for any purpose other than as we specify in our Privacy Policy. By using Tilma, you confirm that you have read and understood our Privacy Policy on how we use the data we collect and/or process. However, it is not a contractual document and does not form part of this Agreement and we may change it from time to time.

5. Content

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 support@tilma.io; 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.

6.3. DMCA

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
Canada

Email: support@tilma.com

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.

Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Use. These Terms of Use are not legal advice, and before sending either a copyright infringement notification or counter notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.

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 support@tilma.io 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.

We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of Tilma for any reason at any time, including a violation of these Terms of Use. In addition, in the event you fail to remit payment for Tilma, we shall suspend your account and, after 30 days, terminate your Account. In the event we terminate your Account, the termination will result in (i) the deactivation or deletion of your Account, and (ii) the forfeiture and relinquishment of all Customer Data after one year from the date of termination has passed. After termination, you will no longer have access to Tilma. As previously stated, we will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account.

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

You agree to release Glass Canvas Media Inc. and our employees, directors and officers from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use and/or your use of Tilma.

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.

10.2. Warranties

By entering into these Terms of Use you acknowledge and agree that we are simply providing Tilma for free, or at times for a fee, and that we make no warranties of any kind relating to Tilma, any data or content contained within or related to Tilma, any data or content available through Tilma, and documents or information available through Tilma. Furthermore, nothing on or within Tilma shall be considered an endorsement, representation, assumption of, responsibility or warranty with respect to any third party, whether in regards to their website, products, technologies, services, business practices or otherwise.

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.

12. Indemnification

You agree to defend, indemnify and hold harmless Glass Canvas Media Inc. and its employees, officers, directors and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: your breach of these Terms of Use, your breach of representations and warranties made in these Terms of Use, your violation of any other person's intellectual property, your conduct (including but not limited to violations of the law), and your use of Tilma. The Customer specifically agrees to defend, indemnify and hold harmless Glass Canvas Media Inc. and its employees, officers and directors from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from the actions or inactions of Customer and its Account Owners, Authorized Users, and Individuals.

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

The failure of Glass Canvas Media Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Ministry Centered Technologies and governs your use of Tilma, superseding any prior agreements between you and Ministry Centered Technologies (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

13.4. Arbitration

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 support@tilma.io (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

You understand and agree that due to the nature of these Terms of Use, in addition to money damages, we will be entitled to equitable relief upon a breach of the Terms of Use by you.

13.9. Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the Province of British Columbia without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Use shall be exclusively brought by arbitration in Vancouver, California.

13.10. Entire Agreement

These terms constitute Glass Canvas Media Inc.’s entire binding Terms of Use, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Glass Canvas Media Inc.’s Services.

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

You hereby agree that a printed version of these Terms of Use shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.

Contact Us

Any questions about this Policy should be addressed to our support team at support@tilma.io by calling +1 (236) 301-8165.

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