Candid's services help Brands use Instagram and other social media to understand and manage their audience, develop their content strategy, and obtain digital rights across social media. Candid is required to comply with Instagram's API terms. should those terms change, we reserve the right to make corresponding changes to these terms at any time, following the procedure set forth in the paragraph above.
2. General Terms
Candid, in its sole discretion, may terminate or suspend your access to all or parts of the Candid Website or its Services, or to any user account that you may create without prior notice. In such cases, Candid shall have no liability to you and agree that Candid may immediately remove all related information and files associated with your use of the Site or Services. Candid may also suspend or discontinue any feature or part of the Candid Website or the Services, or change the availability thereof, the hours of use, or the equipment or software required for access or use.
In order to use parts of the Candid Website or the Services, you may be required to register and provide specified information, (including selecting a password and user name) , or to log in to your Instagram account. You represent that your registration information will be current, complete and accurate at the time you register and that you will update it as necessary. You agree that you will not allow others to use your user name, password and/or account. If you are using your Instagram account, you agree that you shall only use an account that is registered in your name and only in accordance with the terms between you and Instagram. You are solely responsible for keeping your password and user name confidential.
You are using the Candid Website and Services, which the Company is providing to you on an “as is, as available” basis without representation or warranty of any kind. CANDID MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT YOUR USE OF THE CANDID WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (B) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE CANDID WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE CANDID WEBSITE OR SERVICES WILL BE CORRECTED.
6. User Generated Content
Candid facilitates the direct upload of user photos, text, graphics, audio, video, location information and comments (“User Content” or “User Generated Content”) to websites and other digital properties operated by Brands, for use by the Brands in marketing, promotional, advertising and other customer engagement channels, as well as the collection of User Content from social media sites on behalf of Brands. Brand properties and the content residing thereon, and Brand business practices and privacy policies are not under Candid’s control, and Candid is not responsible for and makes no claims regarding the accuracy or legality of any User Content, Brand Content or anything therein. The inclusion of User Content on the Site or Services does not imply Candid’s endorsement of or any affiliation with you, the User Content, or any Brand featured in such User Content.
You understand that by accessing the Candid Website or any third party links available on the Candid Website, or by using any Services you may be exposed to User Generated Content that is offensive, indecent or objectionable and you agree that the Company shall have no liability to you for such exposure. There may also be risks of dealing with underage persons, people acting under false pretence, international trade issues and foreign nationals. By using the Candid Website or any third party links available on the Candid Website, or by using any Services or any part thereof, you assume all associated risks.
By uploading User Content and posting User Content that you have tagged with Brand hashtags to social media platforms, you grant to the Brand, its third-party service providers who provide content management services including Candid, and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Brand-tagged User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.
You are solely responsible for any User Generated Content that you submit using the Candid Website and the Services. You represent and warrant to the Company that you have the full legal right, power and authority to grant to the Company and users of the Candid Website and the Services the licenses provided for herein, and that no User Generate Content infringes, violates or otherwise interferes with any intellectual property right, right of privacy, publicity right or other right of any other party, or reveals any trade secret of confidential information of another party or is defamatory or illegal. The Company reserves the right to remove any User Generated Content from the Candid Website Site and the Services at any time, for any reason.
7. Your Responsibilities
You hereby represent and warrant that (i) you own all rights in and to your User Content, (ii) if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (iii) you are not a minor, (iv) you are legally entitled to post the User Content, and the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
8. User Contributions
By submitting ideas, suggestions, feedback, documents, and/or proposals ("Contributions") to the Company through its comment, “contact us”, suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) the Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) the Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, and through any type of media; (d) the Company may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of the Company without any obligation of the Company to you; and (f) you are not entitled to any compensation or reimbursement of any kind from the Company under any circumstances.
9. Account Information and Data
The Company does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). However, you agree that the Company may use aggregate, anonymized data in read-only format that is generated in the course of your use in the Service for its own internal business purposes, including the development of marketing and sales collateral and general studies relating to the industry.
10. Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the entire contents of the Candid Website, the User Generated Content and the Services. The Company also owns a copyright in the selection, coordination, arrangement and enhancement of the entire contents of the Candid Website and the Services, as well as in the content original to it. The Licensed Parties’ properties contain proprietary information owned by or licensed to the Brand or its retail partner, and protected by copyright, trademark and other intellectual property laws. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software, the Candid Website and the Services or the Intellectual Property Rights owned by the Company. The Company name and the Candid name, the Company and the Candid logos, and the product names associated with the Service are trademarks and trade dress of the Company or third parties, and no right or license is granted to use them. All other trademarks not owned by the Company that appear on the Candid Website or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. Except as set out in these Terms, no reproduction or storing of any third-party content or User Content within the Candid Website or Services is permitted without written permission from the copyright holder of such content.
11. Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
You shall indemnify and hold Candid, its Brands and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim, which if true, would constitute a violation by you of your representations and warranties; or (ii) a claim arising from the use of the Candid Website or Services breach by you or any other person using an account of yours, provided in any such case that the Company (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defence and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release the Company of all liability and such settlement does not affect the Company's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
13. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, CANDID EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CANDID WEBSITE, THE USER GENERATED CONTENT, ANY THIRD PARTY LINKS THEREON AND THE SOFTWARE, PRODUCTS AND SERVICES OFFERED THROUGH THE CANDID WEBSITE IS AT YOUR SOLE RISK. THIS SITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
UNDER NO CIRCUMSTANCES, WILL THE COMPANY, THE BRANDS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE, THE USER GENERATED CONTENT, ANY THIRD PARTY LINKS THEREON OR ANY SOFTWARE, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE AND THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF YOU HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
THE COMPANY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONAL INFORMATION OR FOR ANY UNAUTHORIZED DISCLOSURE OF USER GENERATED CONTENT THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF USER GENERATED CONTENT WITHIN THE CANDID SITE OR SERVICES. YOU ACKNOWLEDGE AND AGREE TO THE COMPANY’S DISCLAIMER OF ANY SUCH LIABILITY.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY, ITS BRANDS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE ONE HUNDRED DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
14. Internet Delays; Data Charges
The Company's services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, delivery failures, or other damage resulting from such problems. You acknowledge that when You use this Service, your wireless carrier may charge You fees for data, messaging, and/or other wireless access. You, and not the Company, are solely responsible for any costs you incur to access this application from your device and for your compliance with your carrier’s fair use policy and terms of service.
The Company may provide hyperlinks to other Web sites maintained by third parties or may provide third party content on the Service by framing or other methods. The fact that the Company provides a link to a third party Web site does not mean that the Company endorses, authorizes or sponsors that Web site. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE SERVICE, YOU DO THIS ENTIRELY AT YOUR OWN RISK. It is up to you to take precautions to ensure that the third party Web site to which you link is free of computer viruses and other items of a destructive nature.
16. Local Laws
The Company and its licensors make no representation that the Candid Website or Services are appropriate or available for use in other locations. If you use the Candid Website or Services from outside Canada or the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any use of Candid Website or Services contrary to Canadian or United States law is prohibited.
17. Statute Of Limitations
18. Copyright Policy
If you believe that any materials published on Candid Website or Services have been used in a way that constitutes copyright infringement and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please provide our Copyright Agent with a signed statement in English containing the following information:
- a description of the infringing material or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;
- a description of the copyrighted work(s) that you believe has been infringed and information reasonably sufficient to permit Candid to locate the material;
- the name of the owner of the copyright;
- your name, your address, telephone number and/or email address;
- a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law;
- a statement that all of the information you have provided is true, and
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your statement must be submitted via email at firstname.lastname@example.org
19. Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of the Company directly or indirectly owning or controlling 50% or more of you shall entitle the Company to terminate this Agreement for cause immediately upon written notice.
This Agreement shall be governed by the laws of Ontario, Canada and the federal laws applicable therein, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the provincial and federal courts located in Toronto, Ontario. Notwithstanding this, you agree that Candid shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail in English to email@example.com
i. Recurring Billing. By starting your Candid subscription, you authorize us to charge you a monthly or annual subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Candid service to the payment method you selected the “Payment Method”). You acknowledge that the amount billed each month (or annually for annual subscriptions) may vary from month to month (or year to year) for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly (or annually for annual subscriptions) in one or more charges.
iii. Billing Cycle. The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month or year thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used herein, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
v. Payment Methods. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. If you wish to change your payment method, please contact us via email at firstname.lastname@example.org
vi. Cancellation. You may cancel your Candid subscription at any time, and you will continue to have access to the Candid service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel your subscription, please contact us via email at email@example.com
BY DOWNLOADING or otherwise accessing and using the Candid API you are agreeing to comply with the Term of Use (link) and the terms of this license.
Candid Widget license
THIS IS A LICENSE, NOT A SALE. THE SOFTWARE IS PROVIDED UNDER A LICENSE THAT DEFINES WHAT YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) MAY DO WITH THE SOFTWARE AND CONTAINS LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES, AND LIABILITIES.
Third Party Software. Some third party materials included in the Software may be subject to other terms and conditions, which typically will be found in the “Read Me” file in the Software. Your right to use any such third party materials shall be limited to the use necessary to operate the Software as permitted by this License.
Free Software. The Software may be distributed with free software (i.e., software licensed or sublicensed under the GNU General Public License or other free software licenses) for which the applicable free software license may also require that free software source code be made available to those receiving only executable binary versions of such free software. If the source code for any such free software is not provided with the Software, then you may receive it by contacting Candid at firstname.lastname@example.org. If any free software licenses require the Company to provide You with rights to use, copy or modify any free software program that are broader than the rights granted in this license, then such rights shall take precedence over the rights and restrictions herein.
Termination. The Company may terminate this license at any time in its sole discretion.
Modifications. You will identify the Software and the Services as proprietary to the Company, and you will not remove from the Software, the Services or any part thereof any copyright, trademark, confidentiality or other proprietary notices of the Company or its suppliers.