3. Using the Site and Services
4. Content Restrictions
5. User Content
6. Registered User Additional Terms
7. Privacy and Intellectual Property
8. Account Registration/Membership
9. Candidly’s Function
11. Purchasing User Content – Buyer Obligations/Warranties
12. Selling User Content
13. Indemnification and Release
15. Limitation of Liability
17. Contact Information and Notices
“Plain English” overview for non-lawyers Here’s a quick overview of the important terms and rules for using Candidly:
What is Candidly
Rocket Tech Labs, LLC. (the “Company”) is the creator and operator of “Candidly,” a community for listing and finding licensable content and buying and selling licenses of said content. Candidly’s goal is to make it easier for content creators or as we like to say, mobile photographers, to capture more value from what they make and for buyers to find the content they need for any project.
How Candidly Works
Candidly is an index and ecommerce tool like other auction or listing sites. The license is between the seller and buyer and the seller always retains ownership of the content copyright. The buyer only receives a license to use the content per the terms of the listing.
Registering with Candidly
Users can visit and search Candidly without registering, but to list, sell or buy any user generated content, users will need to create an account with some basic information.
Listing & Selling on Candidly
When sellers list licensable content for sale, sellers represent and warrant that they own the media and have all the rights necessary to license the media to someone else. Sellers must provide the necessary information about the price, license, terms, and delivery format at the point of listing. Sellers also must deliver the licensable content in the format they offered in the listing in the defined timeframe. Sellers get paid the license price minus certain transaction fees applied to the sale of the license.
Content on Candidly
Content on Candidly can’t be obscene, illegal, defamatory etc.
Buying on Candidly
Indemnification, Liability, and Disclaimers
Last updated: February 9, 2014
Use of this Site and the Services is subject to the following:
2.2 “Customer Data” is that current and complete information Users and Registered Users provide to Candidly when signing up to use the Service, including but not limited to the individuals real first and last name, valid address, valid phone number, valid e-mail address, and any other required information.
2.3 “Fees” are those amounts charged to Registered Users in connection with each transaction conducted via the Service in accordance with our Fee Schedule.
2.4 “Registered Users” are those Users that register to use the Service to sell User Content by making it available for licensing or buy User Content by licensing it from other Sellers.
2.5 “Seller” are those Registered Users that offer their User Content for license via the Service.
2.6 “Service” is the electronic listing that offers User Content available for license and offers a marketplace where Buyers and Sellers can license and offer for license User Content.
2.7 “Site” is www.Candidlyimages.com and any related URLs that point to the same Service.
2.8 “Taxes” are all sales/use, value added, or transaction taxes and other charges such as duties, customs and government imposed surcharges, that may be levied or assessed in association with the use of the Site and/or Service and the license of User Content.
2.9 “User Content” means all content Registered Users import to or list on the Site, including all licensable video, audio, images, any short segments of content (e.g. promotional clips”), all available text data relevant to such content (including but not limited to content name, description, track name, length of content, media formats of content, location, clearances or talent for content (collectively, “Metadata”), any artwork for any content and any trademarks, service marks or commercial symbols contained in the foregoing.
2.10 “User” is an individual that accesses the Site, a Registered User, a Seller or a Buyer.
3. Using the Site and Services. By using the Site and/or the Service, each User agrees to the following:
3.1 Use of the Site and Service is entirely at User’s own risk. It shall be each User’s responsibility to ensure that any products, services or information available through the Site meet the specific requirements of the User.
3.2 The User shall not circumvent Candidly’s billing policies or process.
3.3 The User shall not export or re-export any Candidly tools or proprietary information except in compliance with the export control laws of any relevant jurisdictions.
3.4 The User shall not copy, modify or distribute rights or content from the Site, Service or tools or Candidly’s copyrights and trademarks.
3.5 The User shall not harvest or otherwise collect information about Users, including email addresses, without their consent.
3.6 The User shall not distribute or post spam, unsolicited, or bulk electronic communications, chain letters, viruses or pyramid schemes or any other technologies that may harm Candidly, or the interests or property of any Users.
3.7 Candidly may use certain technology including, but not limited to, watermarks or other digital rights management technologies, to protect the data and content on our Site. This technology may be embedded within the User Content available on the Site. Candidly reserves the right to use such technology to track, monitor and protect the content and data available on this Site and distributed or otherwise made available by Candidly. Failure to agree to the use of such technology requires that User discontinue use of the Site or any content available or downloaded from the Site. When Users access the Site or download content from Candidly or link to User Content hosted by Sellers, Users agree not to disrupt or disable the use of such technology by disabling such technology, if applicable. Further Users shall not attempt to remove any proprietary rights notices, including but not limited to copyright notices, embedded in the content or anywhere on the Site.
3.8 Use of the Site does not grant any User any ownership or interest in any content, code, data, or materials accessed on or through the Site or any intellectual property right subsisting in any content, code, data, or materials accessed on or through the Site.
3.9 Candidly reserves the right at its sole discretion to suspend or terminate accounts of Users who may be repeat infringers of intellectual property rights of third parties. Candidly also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the Site, Service, or Candidly systems, tools or other services.
3.10 Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense.
3.11 Users are responsible for delivery or listing requirements and/or following recommended guidelines posted on the Site in connection with using the Service.
4. Content Restrictions: Users shall not post, list or license any video, photo, image, text, metadata, audio recording, or other work or material that:
4.1 Violates or infringes upon the rights of any third party, including, without limitation, copyright, trademark, patent, right of privacy, right of publicity or other personal or proprietary rights;
4.2 Contains sexually explicit content or pornography;
4.3 Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
4.4 Exploits minors;
4.5 Depicts unlawful acts or extreme violence;
4.6 Depicts animal cruelty or extreme violence towards animals;
4.7 Violates any law, statute or regulation, regardless of jurisdiction;
4.8 Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
4.9 Contains hyperlinks to other websites that contain content that falls within the descriptions set forth above; or
4.10 Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures.
5. User Content: Registered Users agree and warrant to the following terms in connection with registering with the Site and understand that third party Users of the Site may rely on these agreements and warranties in connection with said third party Users use of the Site and the Service:
5.1 Except as expressly set forth in connection with the license terms established by the Registered User, with respect to User Content listed on or imported to Candidly and made available for license on the Site, each Registered User represents and warrants that they own or have all necessary and unencumbered right to all right, title and interest in and to the User Content, including all patent, copyright, trademark, service mark, mask work, moral right, trade secret or other intellectual property or proprietary rights (collectively, “Intellectual Property Rights”) therein.
5.3 Although Candidly and the Company reserve the right to review any User Content posted by a Registered User, Candidly undertakes no obligation to do so. Candidly may refuse to display or alternatively Candidly may remove any User Content in its sole discretion.
5.4 While using the Service or the Site Registered Users shall not:
5.4.1 post false, inaccurate, misleading, defamatory, or libelous content (including personal information),
5.4.2 violate any law, regulation, statute, third party rights or our policies,
5.4.3 create any liability or cause Candidly to lose (in whole or in part) the service of its ISP or other supplier, or
5.4.4 link from any other website to the Site in any manner such that the Site or any page of the Site is “framed”, surrounded or obfuscated by any third party content, materials or branding.
5.5 USER CONTENT RESTRICTIONS. Registered Users agree that all User Content shall comply with the Content Restrictions set forth above.
5.6 Licenses to Users: Upon listing the User Content and offering it for license on the Site, Registered Users agree that third parties may access and view the User Content via the Site. Registered Users agree that they are solely responsible for (i) the license terms for the User Content and (ii) the license price for the User Content. All licenses purchased via the Site are solely between the Buyer and the Seller. Users hereby hold Candidly and the Company harmless for all misuse of the User Content by other Users. When a Buyer agrees to purchase a license for User Content, the Seller of the User Content shall grant such Buyer the right and license to use that portion of the User Content that is represented by the video or image file that is ultimately delivered to buyer pursuant to the terms of a license agreement between the Buyer and Seller. All such license terms shall be summarized for Buyer at the point of purchase. Each Seller shall abide by the license price listed by Seller on the Site.
5.7 License to Candidly: By listing User Content, each Seller grants Candidly a limited, worldwide, non- exclusive, royalty free license and right to use, host, store, reproduce, transmit, distribute, publicly perform and display such User Content (through all media now known or hereafter devised), and make derivative works for the purpose of (i) displaying the User Content on the Site; (ii) displaying the User Content on third party websites and applications through a video embed or Candidly’s API; (iii) promoting the Site and the Service, provided that Seller has made the User Content publicly available; and (iv) archiving or preserving the User Content for disputes, legal proceedings, or investigations. The above license shall continue unless and until User Content is removed from the Site, in which case the license will terminate when such User Content is removed. Each Seller also grants Candidly a perpetual non-exclusive license for User Content for legal/archival preservation purposes. Please note that removed User Content may be cached in search engine indices after removal, that Candidly has no control over such caching, and Registered Users hold Candidly harmless from any such use of User Content.
5.9 Listing Conditions: By listing User Content on the Site and using the Service to license User Content, each Seller agrees to pay all Candidly’s Fees to the Company for any User Content purchased by a Buyer on the Site, assume full responsibility for the User Content offered, provide Candidly with full and accurate information regarding such Seller’s ability to list such User Content, as requested by Candidly or the Company, and act in good faith at all times and provide such assistance and co-operation as Candidly or the Company reasonably request.
6. Registered User Additional Terms. In addition to the terms above under User Content, Registered Users also agree to the following terms in connection with using the Site and the Service:
6.2 For all User Content listed on the Site or offered for license via the Service, upon license of such User Content or if otherwise contracted with Candidly to Candidly at any time, such Registered User shall deliver the User Content per the terms agreed to in the transaction at the Registered User’s expense. Registered Users shall at all times retain legal title to their User Content.
6.4 Candidly may, at its sole discretion, elect at any time and for any reason to remove User Content from the Site without notice to the Registered User that owns such User Content. Candidly and the Company are not responsible for any loss suffered as a result any User Content being removed from the Site.
6.5 The removal or de-listing of any User Content shall not have any effect on any licenses purchased by Buyers to such User Content prior to the date such User Content is removed or de-listed, and all such licenses purchased by Buyers will continue in full force and effect and the Seller’s indemnification obligations for such User Content shall continue without interruption or modification.
7. Privacy and Intellectual Property.
7.2 Candidly does not warrant or represent that a User’s use of the Site will be confidential.
7.3 Candidly is not responsible for any harm that any User may suffer as a result of a breach of confidentiality with respect to any User’s use of the Site.
7.4 Users shall not disclose any confidential information through the Site that it does not have authority to disclose.
7.5 While Candidly has taken some precautions to protect information transmitted to the Site over the Internet, Candidly and the Company do not warrant the security of that information. Candidly will take reasonable steps to preserve the security of Customer Data submitted to the Site and the Service.
8. Account Registration/Membership
8.1 Registration. When a User’s registration application is accepted by Candidly, such
8.2 Registration. Each User also agrees to: (i) provide true, accurate, current and complete Registered User will have a single account that is accessible from the Site, an individual member account. Each Registered User’s member account will enable such User to list, index, post, upload and otherwise market User Content for license and display on the Site. Customer Data and (ii) maintain and promptly update the Customer Data to keep it true, accurate, current and complete. If any information is provided that is untrue, inaccurate, not
8.3 User Name. If a User is a business, government, or non-profit entity, such User must use
8.4 Account Security. Each Registered User is responsible for keeping its password secure. current or incomplete, or Candidly has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Candidly has the right to suspend or terminate the applicable member account and refuse any and all current or future use of the Services (or any portion thereof). the actual name of its organization. Users shall not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable as a User Name on the Site. Each Registered User agrees not to use another user’s account or password at any time, or to disclose its password to any third party. Each Registered User shall notify Candidly immediately if it suspects any unauthorized use of its member account or access to its password. Each Registered User acknowledges and agrees that any disclosure of its password to any other person is entirely at such Registered User’s own risk. Although we will not be liable for losses caused by any unauthorized use of a member account, a Registered User may be liable for losses incurred by Candidly or the losses of others as a result of such unauthorized use.
9. Candidly’s Function
9.1 The Site is an online listing index that allows Users to list User Content and one User to license it from another. Ownership of the User Content remains with the Seller. Candidly does not obtain any right of ownership (including any intellectual property rights) in respect of the User Content.
9.2 Candidly does not have any control over, and does not take responsibility for, the quality, safety or legality of any User Content downloaded or obtained by Users from Sellers or from the Site. Candidly does not warrant that the User Content or any content, data, code, metadata, text, images, or other material available on the Site or for license through the Service does not infringe the intellectual property rights of a third party. Each Seller is required to warrant that its User Content does not infringe the intellectual property rights of any third party.
10.1 Buyers of User Content shall pay to purchase and license the User Content in accordance
10.2 In addition, Sellers are responsible for paying all fees and applicable Taxes on any amounts with Section 11 below (Purchasing User Content). Sellers shall be charged fees for each sale and license conducted via the Service, based on the Fee Schedule (the "Fees"). Changes to the Fee Schedule may occur at Candidly’s discretion and will be posted to our Site; such changes are effective the earlier of each Users acceptance of any notice of such modification to the Fees or 15 days after such Fees (as modified) are posted on the Site. paid in connection with the Service or the Site. Candidly will pay Sellers the transaction fee less any Fees owed to Candidly (see Fee Schedule) no later than thirty (30) days after the end of the calendar month in which the payment for such User Content was received by Candidly; provided, however, that Candidly may accrue and withhold such payment until the total amount due to Seller is at least $50; provided, further that such payments may be delayed in the event a refund request is processed in connection with a transaction pursuant to section 11.
10.3 Registered Users acknowledge and agree that Fees shall be paid to Candidly irrespective of whether a refund is issued in connection with any licensing transaction.
10.4 All amounts, payments and prices on the Site are in U.S. dollars. Candidly shall not be responsible for any costs associated with currency conversion.
11. Purchasing User Content – Buyer Obligations/Warranties
11.1 Buyers of User Content acquire a license to use that portion of the User Content represented in the video or image file that is delivered to Buyer by Seller, subject to the terms set forth in the license purchased and any additional terms and conditions required and expressly stated and included with the User Content by Seller at or before the time of purchase. Buyers shall ensure the terms provided/offered by a Seller are appropriate for Buyer’s use of the User Content.
11.2 Each Buyer warrants, represents, acknowledges and agrees as follows:
11.2.1 Buyer only receives a license to the User Content represented by the video or image file ultimately delivered to Buyer by Seller (for clarification, Buyer does not receive a license to any metadata or other information provided by Buyer in connection with listing User Content on the Site);
11.2.2 Once a Buyer purchases User Content the order cannot be cancelled;
11.2.3 Candidly does not give any undertaking as to the continued availability of User Content offered for sale on the Site;
11.2.4 Once User Content is purchased, and Buyer pays the price for the User Content, Buyer acquires a non exclusive, non transferable license to use the User Content in accordance with the conditions of the license that are purchased, and any additional terms provided and expressly stated or included with the User Content at or before the point of purchase;
11.2.5 Copyright ownership and all other rights to the User Content remain with the Seller;
11.2.6 Buyer shall not re-sell, re-license or distribute the User Content;
11.2.7 Buyer shall not (i) sublicense or transfer any User Content in any way except in connection with the derivative works for which the User Content was originally licensed and incorporated; (ii) use the User Content in such a manner that creates a false inference or is defamatory; (iii) use the User Content for any purpose other than that which is authorized in the license granted pursuant to the Site (including all exceptions, terms and/or restrictions noticed to Buyer by Seller and included at the time Buyer purchases/ licenses the User Content); or (iv) use the User Content in such a manner that is libelous, slanderous, or illegal.
11.3 Buyer shall pay the total transaction fee via the payment processing options provided by Candidly.
11.4 Buyer acknowledges and agrees that despite Candidly’s reasonable precautions, User Content may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, Candidly reserves the right to cancel or reverse a transaction, even after the order has been confirmed and a payment has been processed. If a transaction is cancelled due to the preceding reasons, Candidly will arrange for any payment to be refunded upon notice by Buyer.
11.5 Buyers may only seek a refund of the price they pay in connection with purchasing a license to User Content in cases where the video or image file of the User Content delivered to Buyer is corrupt or does not match either the content or format that was represented in the listing. Buyers must notify Candidly within 10 days of the date of purchase to initiate a refund request. Candidly will coordinate communication between Buyer and Seller to attempt to reach a resolution and a determination as to whether a refund is issued as promptly as possible. Sellers will be responsible for paying Candidly all Fees associated with any transaction that results in a refund. Sellers acknowledge and agree that in the event Seller does not pay Candidly the Fees for any refunded transaction that Candidly and the Company shall have all rights necessary to withhold the applicable Fees from any subsequent transaction associated with User Content of such Seller.
12. Selling User Content
12.1 Registered Users shall not start licensing User Content on the Site until the User Content (including all associated metadata for such content) is listed or imported to the Site and the Registered Users assign the required fields to enable User Content to be listed and displayed with designated license fees, license terms, formats and similar information.
12.2.1 any dispute in relation to the User Content has been resolved to the satisfaction of Candidly; or
12.2.2 the expiry of two years from the date such Registered User’s member account is disabled. If after two years, the dispute has not been resolved, Candidly will pay amounts that are owed and outstanding to the Registered User.
12.3 Registered Users are solely responsible for establishing the license fee for selling User Content.
12.4 Candidly and the Company are not liable for any loss, damage, expense, or other liability suffered by any Registered User as a result of a Buyer making use of User Content contrary to the conditions on which the User Content was licensed to the Buyer, or as a result of any User using User Content without a license or in an unauthorized manner.
12.5 Candidly and the Company shall have the right to use any User Content which is listed on the Site to promote the Site. This promotional use may include use on a features page on the Site or one of its affiliates. No compensation is due or payable to Registered Users for such use of User Content.
13. Indemnification and Release
13.1 Each Registered User shall indemnify, defend, and hold harmless Candidly, the Company and its affiliates, and each of their directors, officers, employees, and agents from and against any claims, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third party that:
13.1.1 arises from such Registered User’s use of the Site or use of the Services;
13.1.2 arises from any User Content listed, licensed, sold or purchased through the Site or the Services;
13.1.3 arises from or relates to any unauthorized use or use of User Content in violation or breach of the terms pursuant to which certain User Content was licensed from the Site;
13.1.4 arises from or relates to the listing of any User Content (including but not limited to videos, photos, metadata, text or other content contained in any video or photo), message, content, information, software or other materials through the Site and Service;
13.1.5 arises from or relates to a Registered User’s breach of any third party contract or terms of service in connection with such Registered User’s use of the Site or Services;
13.1.7 arises from or asserts that any User Content listed, posted or displayed on Candidly by such Registered User violates any law or infringes any third party right, including any intellectual property or privacy or publicity right.
13.2 Each Registered User shall also indemnify, defend, and hold harmless Candidly, the Company and its affiliates, and each of their directors, officers, employees, agents, and the Buyer of such Registered User’s User Content from and against any claims, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third party that arises from or relates to the actual, claimed or threatened infringement or violation of any law or any right of any party (including any guild or union) as a result of the use or exhibition of the User Content listed and imported to the Site by such Registered User that is sold and licensed through the Site to a Buyer.
13.3 Each User shall indemnify, defend, and hold harmless Candidly, the Company and its affiliates, directors, officers, employees, and agents, from and against any claims, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third party that:
13.3.1 arises from your use of the Site or use of the Services; or
13.4 Users that have a dispute with one or more Users, agree to release Candidly, the Company and its affiliates, directors, officers, employees, and agents, from and against any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected to such disputes.
13.5 Candidly and the Company reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification as set forth in this section, and in such case, Users agree to cooperate with Candidly’s or the Company’s defense of such claim.
14.1 CANDIDLY AND THE COMPANY ARE NOT PROVIDING ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE USER CONTENT, THE SITE, SERVICES AND/OR MATERIALS AVAILABLE THROUGH THE SITE. THE SITE, SERVICES, AND/OR MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED BY CANDIDLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. CANDIDLY AND THE COMPANY DISCLAIM ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, CANDIDLY AND THE COMPANY MAKE NO WARRANTY THAT THE SITE, INCLUDING THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES, WILL BE AVAILABLE, OR THAT DATA ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS. NO ADVICE OR INFORMATION GIVEN BY CANDIDLY OR THE COMPANY, THEIR EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
15. Limitation of Liability
15.1 USERS ACKNOWLEDGE THAT NEITHER CANDIDLY NOR THE COMPANY, OR ITS AFFILIATES SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM USER’S ACCESS TO OR USE OF THE SITE, THE SERVICE, OR ANY USER CONTENT.
15.2 WITH RESPECT TO ALL OTHER CLAIMS RELATED TO A USER’S USE OF THE SITE OR THE SERVICES, CANDIDLY’S AND THE COMPANY’S LIABILITY SHALL NOT EXCEED $500.
15.3 NEITHER CANDIDLY, THE COMPANY, NOR ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
15.4 USERS SHALL NOT HOLD CANDIDLY, THE COMPANY OR ITS AFFILIATES RESPONSIBLE FOR OTHER USERS’ USER CONTENT, ACTIONS OR INACTIONS, OR USER CONTENT OR OTHER CONTENT OR DATA THAT USERS LIST OR POST.
15.5 CANDIDLY OR THE COMPANY MAY HELP FACILITATE RESOLUTIONS TO DISPUTES AMONG USERS, CANDIDLY AND THE COMPANY HAVE NO CONTROL OVER AND DO NOT GUARANTEE (i) THE QUALITY, SAFETY, OR LEGALITY OF USER CONTENT LISTED, INDEXED, OR DISPLAYED ON THE SITE, (ii) THE TRUTH OR ACCURACY OF USER CONTENT OR LISTINGS, (iii) THE ABILITY OF BUYERS TO PAY FOR USER CONTENT, OR (iv) THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.
17. Contact Information and Notices
17.2 For purposes of this Agreement, any notices shall be sent in writing to the following respective addresses: 5 Random Knolls, Penfield, NY 14526. For each User, the physical and/or e-mail address provided by such User to Candidly at the time of registration, which may be updated by such User from time to time.
Our Commitment to Privacy
Information We Collect About You
In order to provide services on our Site, we may require you to provide certain personal information to us. Common items may include, but are not limited to, your name, address, email address, and phone number. Some of the information we collect can identify you while other information does not. When you provide information through our Site, the information may be sent to servers located in the United States and/or other countries around the world. By voluntarily providing information to us when using the Site, you are consenting to the collection and use of your personal information by us, including the transfer to another jurisdiction other than the United States.
The following provides additional detail about the types of information we collect:
- Information you provide. We may collect and store any personal information you enter on our Site or provide to us in some other manner, including personal information that may be contained in any content, video, photos, metadata, other data, comment or other submission you list or post to the Site. This includes identifying information, such as your name, likeness, address, date of birth, contact information, credit information, and intentions to acquire goods and services.
- Information about others. We may also collect and store personal information about other people that you provide to us. If you use our Site to list and display User Content (including videos, metadata, photos, text and other submissions), and such content contains personal information about others, such information may be stored in order to allow for such uploading, sharing and/or distribution.
- Information from third parties. We may also from time to time obtain both personal and non- personal information about you from our affiliates, business partners, contractors and other third parties. The information may include: updated delivery and address information, purchase history, and additional demographic information.
When you access and use the Site, we automatically collect some information, through certain web technologies such as “cookies,” regarding your computer usage and store it in log files. This information includes your internet protocol (IP) address, browser type, internet service provider (ISP), referring/ exit pages, operating system, date/time stamp, language, the content of any undeleted cookies that your browser previously accepted from us, the referring Site address, click stream data, the length of your visit, the number of times your accessed the Site, the pages your accessed, the operating system you computer uses, the referring site to our Site and other similar information. We use this unidentifiable information to analyze trends, to administer the Site, to track users’ movements around the Site and to gather demographic information about our user base as a whole. Candidly also utilizes third party vendors, including Google, to show Candidly advertisements on the Internet. Additional information about cookies and the other technologies we use to collect information is provided below.
By providing information to us, you are representing that you are authorized to disclose such information in the manner and for the purposes being disclosed. You agree to indemnify and hold Candidly, the Company, and its affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the information you disclose to us.
If you choose to buy or sell User Content on this Site, we collect information about your buying and selling behavior. This information is only used for statistical, analytical and Site development purposes. If you are a Registered User and list User Content on the Site for license or buy User Content from the Site, we collect additional necessary information, including but not limited to billing address, credit card number and credit card expiry date.
How We Use Information We Collect About You
By providing your information to Candidly in the manner described above, you are agreeing to allow us to utilize such information to:
- create and secure your account on our network;
- identify you as a User in our system;
- conduct research and analysis about your use of, or interest in, our products, services, or content, or content offered by others;
- improve the delivery of our products and services;
- manage your account and provide you with customer support;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliates or other third parties;
- facilitate communication between you and other Users with whom you transact business with through the Site;
- if authorized by you via your account features, act as your agent in gathering content from other sites or services where you have a user account to aggregate content from such sites;
- develop and display content and advertising tailored to your interests on our Site and other sites;
- process payment for any purchases made on our Site, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business;
- to provide other services or products described when we collect the information; and
- as otherwise may be required to manage our business.
Sharing Your Information
Candidly may also share your personal information with third party service providers who perform services on our behalf. For example, payment processing vendors, fulfillment and shipment vendors and direct marketing vendors. Those service providers will be permitted to obtain only the personal information they need to provide the designated service. They are required to maintain the confidentiality of the information and are prohibited from using it for any purpose outside the scope of their services. We may aggregate and create non-personal information we collect under any of the circumstances described above by excluding information that makes the data personally identifiable to you. We may share this aggregated and non-personal information with third parties and our affiliates in relation to our marketing efforts, Site improvement and enrich our Products and Services. We reserve the right to share aggregated and non-personal information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis.
Information you share on Candidly enables you to share personal and financial information to complete transactions and collect payments. We encourage you to disclose your privacy practices and respect the privacy of other Users. To help protect your privacy, we allow only limited access to other Users' contact, shipping and financial information to facilitate your transactions and collect payments. When Users are involved in a transaction, they may have access to each other's name, User ID, and e-mail address. In all cases, you must give other Users a chance to remove themselves from your database and a chance to review what information you have collected about them.
You agree to use User information only for:
- Candidly transaction-related purposes that are not unsolicited commercial messages;
- using services offered through Candidly(such as shipping and fraud complaints), or
- other purposes that a User expressly chooses.
Candidly considers protection of your personal information a high priority, and therefore, Candidly uses SSL encryption technologies to ensure privacy when transmitting sensitive information to our servers. Unfortunately, there is no perfect security on the Internet, and Candidly and the Company do not guarantee that our Site is impenetrable or invulnerable to hackers or other security breaches. Our corporate values, ethical standards, policies and practices are committed to the protection of user information. Upon request we will correct inaccuracies in contact information and communications directed to our Site. Users can have this information corrected by sending us an email at email@example.com.
Technologies We Use to Collect Information About You
When you visit the Candidly Site, we place a text file called a “cookie” in the browser directory of your computer’s hard drive to facilitate access to our Site and to personalize your online experience. A cookie is a small piece of information that a Site can store on your web browser and later retrieve. Cookies contain non-personally identifiable information about the user and only identify the user’s computer. You can most likely set your browser’s options not to accept cookies, but this may prevent you from accessing all of the features of the Site.
Candidly also uses “pixel tags” (also called “web beacons” or “clear gifs”), which are tiny graphic images, on our Site and in our emails. Pixel tags help us analyze our customers’ online behavior and measure the effectiveness of our Site and our advertising by collecting information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with our Site. This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the Site you visited immediately before coming to our Site. We do not otherwise track any information about your use of other Sites. We work with service providers that help us track, collect, and analyze the information we obtain from using pixel tags. Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us. We also work with third-party companies, including Google, that use tracking technologies to serve advertisements on our behalf across the Internet. These companies may collect information about your visits to our Site and your interaction with our advertising and other communications. If you would like more information about this practice or to opt out of having your information used by these companies, please visit http:// www.networkadvertising.org/managing/opt_out.asp or http://www.google.com/privacy/ads/. Candidly may also use clear GIFs, a tiny 1×1 pixel GIF, to digitally watermark content on the Site, in both a visible and invisible manner. When you purchase licensed content through the Site, the visible watermark is then removed; however, in certain instances an invisible watermark may remain, allowing us and the party licensing the content to track certain usage of such content. We may combine the information we collect through cookies and pixel tags with other information we have collected from you. This information may be used to improve our Site, to personalize your online experience, to tailor our communications with you, to determine the effectiveness of our advertising, and for other internal business purposes.
How You Can Access Your Information
Notice Regarding User Submissions
We do not screen, filter or monitor User Submissions. To the extent that any video, comment or other User Submission contains personal information (whether name, likeness, address, telephone number or otherwise, and whether such information pertains to the lister or someone else), such personal information may be viewed by other users of the Site.
The Site and the content therein are intended for use by persons age 18 and older. No one under the age of 18 may establish an account with Candidly or provide personal information to Candidly. If a User is found in violation of this age restriction then their account shall immediately be terminated, but Candidly and the Company are under no obligation to actively monitor the age of its Users.
Other Sites Linked to Our Site
Changes to This Policy
Our Contact Information
Rocket Tech Labs, LLC.
5 Random Knolls
Penfield, NY 14526
Reporting Claims of Intellectual Property InfringementRocket Tech Labs, LLC. (the “Company”), and its service Candidly, (“Candidly”) respects the intellectual property rights of others, and we expect our users to do the same. Each user is responsible for ensuring that the materials they upload to www.candidlyimages.com (the “Candidly Site”) do not infringe any third party copyright, trademark or other intellectual property rights. If properly notified that materials infringe a third party’s intellectual property rights, Candidly will promptly remove such materials from the Candidly Site. In addition, Candidly may, in appropriate circumstances, terminate the accounts of repeat intellectual property infringers.
Filing an Intellectual Property Infringement Notice to Remove Content
If you believe that your intellectual property rights have been infringed, please provide us with a written notice containing the following information:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where on the Candidly Site the material that you claim is infringing may be found, sufficient for Candidly to locate the material (e.g., the URL);
3. Your name, address, telephone number, and email address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Candily’s designated Copyright Agent to receive notifications under the DMCA is:
Basch & Nickerson, LLP
1751 Penfield Rd
Penfield, NY 14526
Filing an Intellectual Property Infringement Counter-Notification to Restore Removed Content
If you believe that your material has been removed by mistake or misidentification, please provide Candidly with a written counter-notification containing the following information:
1. A description of the material that was removed and the location on the Candidly Site (e.g., the URL) where it previously appeared;
2. Your name, address, telephone number and email address;
3. Your electronic or physical signature;
4. A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Candidly may be found, and that you will accept service of process from the person who filed the original IP infringement notice or an agent of that person.
You may submit this information to:
Basch & Nickerson, LLP
1751 Penfield Rd
Penfield, NY 14526
Please note that we will send any complete counter-notifications we receive to the person who submitted the original intellectual property infringement notice. That person may elect to file a lawsuit against you for intellectual property infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.
Repeat Infringer Policy
In filing an intellectual property infringement notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your intellectual property infringement notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your intellectual property infringement notice or counter-notification may not be processed further.
In addition, please make sure that all of the information you provide is accurate. Anyone making a false or fraudulent intellectual property notice or counter-notification may be liable for damages under the DMCA, including costs and attorney's fees. If you are unsure of whether certain material infringes your intellectual property rights, contact an attorney.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.