Terms of Service

Acceptance of Terms

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We collect information to make the Kandidly website more useful for you.

The web pages available at www.kandid.ly and all linked pages (“Site”), are owned and operated by Kandidly, Inc. (“Kandidly”) a Delaware corporation and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

Description of Service

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This explains how Kandidly works for photographers and customers.

The Site, Application and Services can be used to facilitate the listing and booking of photography services (“Services”). Such Services are included in Listings on the Site, Application and Services by Photographers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Photographer or create a Listing, you must first register to create a Kandidly Account (defined below).

As stated above, Kandidly makes available an online platform or marketplace with related technology for Customers and Photographers to meet online and arrange for bookings of Services directly with each other. Unless explicitly specified otherwise in the Kandidly platform, Kandidly’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Photographer for the purpose of accepting payments from Customers on behalf of the Photographer.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE PHOTOGRAPHERS AND CUSTOMERS CONNECTING AND BOOKING SERVICES DIRECTLY WITH EACH OTHER. KANDIDLY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICES. KANDIDLY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CUSTOMER’S OWN RISK.

Registration

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To fully use the services, you need to create your own account, without violating other people's rights.

In order to access certain features of the Site and Application, and to book a Photographer or create a Listing, you must register to create an account (“Kandidly Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Kandidly Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Kandidly through the Site, Services or Application; or (ii) allowing Kandidly to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent that you are entitled to disclose your Third-Party Account login information to Kandidly and/or grant Kandidly access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Kandidly to pay any fees or making Kandidly subject to any usage limitations imposed by such third-party service providers. By granting Kandidly access to any Third-Party Accounts, you understand that Kandidly will access, make available and store (if applicable) any

Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Kandidly Account and Kandidly Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Kandidly Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Kandidly’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Kandidly Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Kandidly makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Kandidly is not responsible for any SNS Content.

We will create your Kandidly Account and your Kandidly Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Kandidly Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Kandidly reserves the right to suspend or terminate your Kandidly Account and your access to the Site, Application and Services if you create more than one (1) Kandidly Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Kandidly Account, whether or not you have authorized such activities or actions. You will immediately notify Kandidly of any unauthorized use of your Kandidly Account.

User Conduct

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You cannot use our site to post pornographic material, harass people, send spam, negatively vote on all photos, and do other crazy stuff. Be reasonable and responsible, don't do anything stupid and you'll be fine.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
  • use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to photography on the Kandidly platform;
  • "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Kandidly Customer or Photographer;
  • register for more than one Kandidly Account or register for an Kandidly Account on behalf of an individual other than yourself;
  • unless Kandidly explicitly permits otherwise, request or book a Photographer if you have no intention to use the Service yourself;
  • contact a Photographer for any purpose other than asking a question related to a booking, such Photographer’s Services or Listing;
  • contact a Customer for any purpose other than asking a question related to a booking or such Customer’s use of the Site, Application and Services;
  • recruit or otherwise solicit any Photographer or other Member to join third-party services or websites that are competitive to Kandidly, without Kandidly’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
  • use the Site, Application, Services or Collective Content to find a Photographer or connect with a Customer and then complete a booking of the Services independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Kandidly’s provision of the Services or for any other reasons;
  • as a Photographer, create a Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Kandidly’s name, any Kandidly trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Kandidly’s express written consent;
  • access, tamper with, or use non-public areas of the Site, Application or Services, Kandidly’s computer systems, or the technical delivery systems of Kandidly’s providers;
  • attempt to probe, scan, or test the vulnerability of any Kandidly system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Kandidly or any of Kandidly’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Kandidly has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Kandidly may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Kandidly or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Kandidly Photographer Guarantee (see http://www.kandid.ly/terms), (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Kandidly , its users, or memebrs of the public . You acknowledge that Kandidly has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Kandidly reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Kandidly, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Service Listing

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Your photos will preserve whatever copyright they had before uploading to this site. We will protect the copyright and will not sell your photos without your permission.

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Services to be listed, including, but not limited to, the availability of the Services and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Services via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Customer requests a booking of your Services, you may not request the Customer to pay a higher price than in the booking request.

You acknowledge and agree that you are responsible for any and all Listings you post. Please note that Kandidly assumes no responsibility for a Photographer’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Kandidly reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Kandidly, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

If you are a Photographer, you understand and agree that Kandidly does not act as an insurer or as your contracting agent. If a Customer requests a booking of your Services and uses your Services, any agreement you enter into with such Customer is between you and the Customer and Kandidly is not a party thereto. Notwithstanding the foregoing, Kandidly serves as the limited authorized payment collection agent of the Photographer for the purpose of accepting, on behalf of the Photographer, payments from Customers of such amounts stipulated by the Photographer (fees and/or Taxes).

You acknowledge and agree that, as a Photographer, you are responsible for your own acts.

Kandidly recommends that Photographers obtain appropriate insurance for their Services. Please review any insurance policy that you may have for your Services carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.

No Endorsement

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We don’t play favorites with Photographers and Customers. We like everybody equally.

Kandidly does not endorse any Member or any Services. You understand that Portfolio Images are intended only to indicate the quality and style of photography services the Photographer is capable of delivering. Members are required by these Terms to provide accurate information, and although Kandidly may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.

Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Kandidly about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to book a Photographer or to accept a booking request from a Customer, or to have any other interaction with any other Member. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Kandidly with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Photographer against Kandidly regarding the remittance of payments received from a Customer by Kandidly on behalf of a Photographer.

REPP does its best to create accurate REPP Profiles using our various methods and the information that is provided by the REPP Profile Owner. Due to the nature of the origin of public record information, the public records and commercially available data sources used in reports may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. REPP aggregates and reports data, as provided by the public records and commercially available data sources, and is not the source of the data, nor is it a comprehensive compilation of the data. Before relying on any data, it should be independently verified.

You may not use our service or the information it provides to make or to aid others in making decisions about consumer credit, employment, insurance, tenant screening, blocking transactions initiated by an individual acting in a personal (rather than business) capacity, or any other purpose that would require compliance with the Fair Credit Reporting Act. REPP does not provide consumer reports and is not a consumer reporting agency.

If you have any questions pleaseContact Usand read ourTerms of Service.

Bookings and Financial Terms

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We explain what our fees are for using our platform so there is no confusion.

Key definitions

“Services Fees” means the amounts that are due and payable by a Customer in exchange for that Customer’s use of the Services. The Photographer alone, and not Kandidly, determines these amounts. The Photographer may in his or her sole discretion decide to include in these amounts Taxes that the Photographer determines that he or she has to collect.

“Customer Fees” means the fee that Kandidly charges a Customer for the use of its online platform, which is calculated as a percentage of the applicable Services Fees. The Customer Fees will be displayed to the Customer when the Customer is asked whether to send a booking request to a Photographer.

“Photographer Fees” means the fee that Kandidly charges a Photographer for the use of its online platform, which is calculated as a percentage of the applicable Services Fees. The Photographer Fees will be displayed to the Photographer when the Photographer is asked whether to confirm or reject a booking request from a prospective Customer.

“Service Fees” means collectively the Customer Fees and the Photographer Fees.

“Total Fees” means collectively the Services Fees and the Customer Fees.

Bookings and Financial Terms for Photographers

If you are a Photographer and a booking is requested for your Services via the Site, Application and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Customer who has requested the booking, (ii) a link to the Customer’s Kandidly Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Customer on such SNS, and (iv) an indication that the name that the Customer provided to Kandidly when the Customer became a Member matches the name that the Customer provided to the SNSs to which the Customer has linked his or her Kandidly Account, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Kandidly for the requested booking will be refunded to the applicable Customer’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Customer, Kandidly will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

Kandidly will collect the Total Fees at the time of booking confirmation (i.e. when the Photographer confirms the booking request) and will initiate payment of the Services Fees (less Kandidly’s Photographer Fees and any Taxes in respect of the Photographer Fees) to the Photographer within 24 hours of when the Customer arrives at the applicable Services (except to the extent that a refund is due to the Customer). The time it takes for the Photographer to receive payouts may depend upon the method for receiving payouts chosen by the Photographer. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Photographer, including by deducting their charges from the payout amount.

If you owe or agree to pay any amount to Kandidly (whether as a result of your bookings or actions as a Customer or otherwise), then Kandidly may (but is not obliged to) withhold the amount owing to Kandidly from any payout amounts due to you as a Photographer, and use the withheld amount to setoff the amount owed by you to Kandidly. If Kandidly does so, then your obligation to pay Kandidly will be extinguished to the extent of the amount withheld by Kandidly, and Kandidly will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.

Kandidly uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at www.braintreepayments.com/agreements/merchant. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that Kandidly is not a party to the MSA and that you, Braintree and Braintree's sponsoring bank are the three parties to the MSA and that Kandidly has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.

Appointment of Kandidly as Limited Payment Collection Agent for Photographer

Each Photographer hereby appoints Kandidly as the Photographer’s limited payment collection agent solely for the purpose of accepting the Services Fees from Customers.

Each Photographer agrees that payment made by a Customer through Kandidly shall be considered the same as a payment made directly to the Photographer, and the Photographer will make the Services available to the Customer in the agreed-upon manner as if the Photographer has received the Services Fees. Each Photographer agrees that Kandidly may, in accordance with the cancellation policy selected by the Photographer and reflected in the relevant Listing, (i) permit the Customer to cancel the booking and (ii) refund to the Customer that portion of the Services Fees specified in the applicable cancellation policy. Each Photographer understands that as Kandidly accepts payments from Customers as the Photographer’s limited payment collection agent, Kandidly’s obligation to pay the Photographer is subject to and conditional upon Kandidly successfully receiving the payments from Customers. Kandidly does not guarantee payments to Photographers for amounts that have not been successfully received from Customers. In accepting appointment as the limited authorized agent of the Photographer, Kandidly assumes no liability for any acts or omissions of the Photographer.

Please note that Kandidly does not currently charge fees for the creation of Listings. However, you as a Photographer acknowledge and agree that Kandidly reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Kandidly will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Customers

The Photographers, not Kandidly, are solely responsible for honoring any confirmed bookings and making available any Services reserved through the Site, Application and Services. If you, as a Customer, choose to enter into a transaction with a Photographer for the booking of an Services, you agree and understand that you will be required to enter into an agreement with the Photographer and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Photographer. You acknowledge and agree that you, and not Kandidly, will be responsible for performing the obligations of any such agreements, that Kandidly is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Kandidly disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Kandidly is not a party to the agreement between you and the Photographer, Kandidly acts as the Photographer’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Photographer. Upon your payment of the Total Fees to Kandidly, your payment obligation to the Photographer for the Services Fees is extinguished, and Kandidly is responsible for remitting the Services Fees (less Kandidly’s Photographer Fees and any Taxes in respect of the Photographer Fees), in the manner described in these Terms. In the event that Kandidly does not remit any such amounts as described in these Terms, such Photographer will have recourse only against Kandidly.

The Total Fees payable will be displayed to a Customer before the Customer sends a booking request to a Photographer. As noted above, the Photographer is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Photographer), any amounts collected by Kandidly will be refunded to such Customer, depending on the selections the Customer makes via the Site and Application, and any pre-authorization of such Customer’s credit card will be released, if applicable.

You as a Customer agree to pay Kandidly for the Total Fees for any booking requested in connection with your Kandidly Account if such requested bookings are confirmed by the applicable Photographer. In order to establish a booking pending the applicable Photographer’s confirmation of your requested booking, you understand and agree that Kandidly, on behalf of the Photographer, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card. Once Kandidly receives confirmation of your booking from the applicable Photographer, Kandidly will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Kandidly cannot control any fees that may be charged to a Customer by his or her bank related to Kandidly’s collection of the Total Fees, and Kandidly disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Kandidly or its third-party payment processor. You agree to pay Kandidly for any confirmed bookings made in connection with your Kandidly Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Kandidly or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Kandidly to charge your credit card in the event of damage caused at an Services as contemplated under “Damage to Services” below and for Security Deposits, if applicable. If you are directed to Kandidly’s third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Service Fees

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Yes, we charge service fees to use the Kandidly platform.

In consideration for the use of Kandidly’s online marketplace and platform, Kandidly charges the Service Fees. Where applicable, Taxes may also be charged in respect of the Photographer Fees and Customer Fees. Kandidly deducts the Photographer Fees from the Services Fees before remitting the balance to the Photographer as described in these Terms. Customer Fees are, as noted above, included in the Total Fees.

Balances will be remitted by Kandidly to Photographers via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Photographer’s currency of choice, depending upon the selections the Photographer makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.

More information on Services Fees can be found at http://kandid.ly/faqs. Except as otherwise provided herein, Service Fees are non-refundable.

Service Fees

Long story short…

This includes everything you would possibly want to know about booking a Photographer on Kandid.ly.

Cancellations and Refunds

If, as a Customer, you cancel your requested booking before the requested booking is confirmed by a Photographer, Kandidly will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Customer, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Services, the cancellation policy of the Photographer contained in the applicable Listing will apply to such cancellation. Our ability to refund the Services Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.

If a Photographer cancels a confirmed booking made via the Site, Services, and Application, (i) Kandidly will refund the Total Fees for such booking to the applicable Customer within a commercially reasonable time of the cancellation and (ii) the Customer will receive an email or other communication from Kandidly containing alternative Listings and other related information. If the Customer requests a booking from one of the alternative Listings and the Photographer associated with such alternative Listing confirms the Customer’s requested booking, then the Customer agrees to pay Kandidly the Total Fees relating to the confirmed booking for the Services in the alternative Listing, in accordance with these Terms. If a Photographer cancelled a confirmed booking and you, as a Customer, have not received an email or other communication from Kandidly, please contact Kandidly at terms@kandid.ly.

If, as a Photographer, you cancel a confirmed booking, Kandidly may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, Kandidly may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. You agree that Kandidly and the relevant Customer or Photographer will not have any liability for such cancellations or refunds.

Rounding Off

Kandidly may, in its sole discretion, round up or round down amounts that are payable from or to Customers or Photographers to the nearest whole functional base unit in which the currency is denominated; for example, Kandidly will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Some currencies are denominated in large numbers. In those cases, Kandidly may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Kandidly to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

Taxes

Tax regulations may require us to collect appropriate tax information from our Photographers, or to withhold taxes from payouts to Photographers, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Photographers. You as a Photographer are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Photographer fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US Photographer and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

You as a Photographer understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Kandidly cannot and does not offer Tax-related advice to any Members.

Whether you are a Customer or Photographer, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by Kandidly in connection with collection and remittance of Occupancy Taxes, if any. Customers and Photographers agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Kandidly from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

Privacy

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Click the link to find out more about how we keep your information private.

See Kandidly’s Privacy Policy at http://www.kandid.ly/privacy for information and notices concerning Kandidly’s collection and use of your personal information.

Content Submitted and Ownership

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Don’t steal anything from our website. It’s illegal and not very nice.

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Kandidly and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

Fair Usage Policy

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If you use more than your fair share, we may gradually limit your account.

Kandidly maintains a fair usage policy to ensure stable and fast service to all users.

Free accounts are limited to a maximum of 30 new photographs/images per public event, 500 new photographs/images per Booking and 2,000 photographs/images in total (approximately 60Gb of storage) and 1Gb of data transfer from profile and portfolios per month. Any additional usage may result in restrictions on your account including limited access to your portfolio or a requirement to upgrade if the limit is exceeded for several months.

Copyright Complaints

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We respect copyright. If anything is wrong, please send an email with all the details to terms@kandid.ly.

Kandidly respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Kandidly will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify Kandidly of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of terms@kandid.ly and include in your notice a detailed description of the alleged Infringement sufficient to enable Kandidly to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Kandidly with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at terms@kandid.ly. You must include in your counter notice sufficient information to enable Kandidly to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommend seeking advice of an attorney.

Links

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Some people may post links, we are not responsible for those links.

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Kandidly has no control over such sites and resources, you acknowledge and agree that Kandidly is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Kandidly 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 site or resource.

Disclaimers

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Again, we are not liable.

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT KANDIDLY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND PHOTOGRAPHERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KANDIDLY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KANDIDLY MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KANDIDLY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KANDIDLY OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PHOTOGRAPHERS OR GUESTS. YOU UNDERSTAND THAT KANDIDLY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. KANDIDLY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND PHOTOGRAPHERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY KANDIDLY. NOTWITHSTANDING KANDIDLY’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE PHOTOGRAPHER FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE PHOTOGRAPHER, KANDIDLY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMER OR OTHER THIRD PARTY.

Termination

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We may stop providing services at any time. You can stop using your account or close it at any time as well.

Kandidly may terminate or suspend any and all Services and/or your Kandidly account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Kandidly account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account Kandidly will automatically remove all Content posted to your account.

Change

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If these terms of use change, we will notify you.

Kandidly reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Kandidly will notify you by posting an announcement on the site. What constitutes a material change will be determined at Kandidly’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

Miscellaneous

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Things can happen — we are not responsible.

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Kandidly in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Kandidly shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Kandidly’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Kandidly may transfer, assign or delegate the Terms and its rights and obligations without consent.

Contacting Kandidly

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If you got questions, email us at terms@kandid.ly.

If you have any questions about these Terms or any application related issue, please contact Kandidly at terms@kandid.ly.