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”).
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.
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 protected].
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.
“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.
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.
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.
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.
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 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. 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.3.6. Comply With Our Acceptable Use Policy.
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:
These bullets are the highlights, not the complete list. More information can be found by reading our Privacy Policy.
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.
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.
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.
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.
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.
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.
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 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. 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.6. Intellectual Property Rights & Copyright
6.1. Our Intellectual Property
6.2. Using your Feedback
6.3. DMCA
9220 Glover Rd.
Langley, BC V1M 2R4
Canada