Terms of Service
Thanks for using Candidio.
Please read these Terms carefully. By using Candidio or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
We’ll start with some basics, including a few definitions that should help you understand this agreement. Candidio (“Candidio” or the “Service”) is a video production platform including video planning, editing, sharing and hosting services through the URL www.candidio.com (we’ll refer to it as the “Website”) that provides tools for producing video content for the web. Candidio is owned and operated by Twelve Stars, LLC d/b/a 12 Stars Media, an Indiana limited liability corporation (“12 Stars,” “we,” or “us”). 12 Stars has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Producer” according to these Terms (or “you”).
We provide and make available this Website and video production platform including planning, editing, sharing and hosting Services. All use of the Services is subject to these Terms. Any Producer signing up, registering, or otherwise using the Services acknowledges that he/she has read, understood, and agrees to be bound by the Terms. If you do not accept these Terms, you shall not access, browse or use the Services.
“Production” refers to a video produced by 12 Stars using Briefs and Assets submitted by Producer.
Refers to the information provided by Producer along with the submission of Assets via the Candidio platform. Information in the Brief such as, but not limited to, names, job titles, and end screen text will be applied to Production exactly as provided by Producer. Additional instructions will be followed based on the best interpretation by 12 Stars. 12 Stars reserves the right to request additional information in order to provide the best possible Production.
“Assets” refers to content provided by Producer that must be submitted via the Candidio Service. The provided content should include a reasonable number of Assets for producing a Production, each at a reasonable length and/or file size. 12 Stars reserves the right to request that a smaller number of and/or shorter Assets be resubmitted in order to provide the best possible Production.
In the unlikely event that any and/or all Assets are damaged and/or lost, 12 Stars liability is limited to a providing a credit valid for one Production using new Assets submitted by Producer within thirty (30) business days.
The Term begins when you sign up for Candidio and continues as long as you use the service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Candidio on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
Each Production will be ready within three to five (3-5) business days following submission of the Production for editing.
Fees & Payment
We reserve the right to charge fees for your use of the Services, as described during the account registration process or when making changes to your account plan. We are not obligated to provide refunds or credits for partial months or years of the Services, upgrades or downgrades, or unused time during your subscription.
We offer three subscription levels: Solo, Small Team, and Enterprise (http://candidio.com/pricing). If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day Producer signed up for Candidio and made first monthly payment (the “Pay Date”). You can upgrade or downgrade at any time. Subscription changes take effect immediately and prorated charges are reflected on your next credit card payment. Payment for Pay-As-You-Go services such as video editing and revisions is due upon request of services by Producer. 12 Stars accepts Visa, MasterCard, Discover, and American Express. Invoices may be requested by Enterprise subscribers only. Payments for invoices are due 30 days from receipt. 12 Stars charges a $30.00 fee for returned checks.
Rights & Responsibilities
The Producer agrees to cheerful cooperation and communication for the best possible result of Productions. It is understood that Producer acts as an agent for any individuals represented in any manner by any Assets submitted to 12 Stars.
Producer agrees that it will not submit, post, place or transmit any of the following material in Assets:
- Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
- Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable.
- Any material sent from an anonymous or false address.
- Any material that promotes bigotry, racism, hatred or harm against any individual or group.
12 Stars reserves the right to refuse any Assets provided by Producer for any reason.
12 Stars reserves the right to terminate these Terms at any time for any reasonable cause, i.e. accident or ill health. In this event all money paid for services not yet rendered will be refunded in full. Producer assumes full responsibility and liability for any public performance or display of each Production (including internet use).
Intellectual Property in Assets
Producer declares that all materials submitted to 12 Stars for transfer, sharing or other reproduction, are not in violation of any copyright or trademark laws. Customer will indemnify and hold 12 Stars harmless in respect to any claim of violation of such laws. Producer must have either created all Assets or have the permission of the copyright owner to duplicate them.
12 Stars may request confirmation of the copyright or trademark ownership from the Producer. If 12 Stars does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Assets, 12 Stars reserves the right to (i) suspend the Services relating to the Assets in question, and/or (ii) share the Producer’s account information with governmental organizations, law enforcement authorities or other third parties. If a Producer disputes any copyright or trademark infringement claims, 12 Stars will share the contact information of any party claiming any such infringement. In the event of any such dispute, 12 Stars reserves the right to suspend the display, viewing or sharing of any Assets until the issue has been resolved.
Producer hereby grants to 12 Stars a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute the Assets for the purpose of delivering the Services. Producer also grants to 12 Stars the right to display graphics and other video elements as examples of their work in their portfolio and as content features in other projects, including the right to include Producer’s name on customer lists and to issue press releases in which the relationship between 12 Stars and Producer and a description of the project may be described. Producer warrants that all moral rights in any Assets and uploaded materials have been waived and do hereby waive any such moral rights.
Liability & Guarantees
12 Stars liability is limited to refund of money paid. 12 Stars will not be held liable for any problems beyond its control, i.e. bad weather, accidents, poor acoustics/lighting, public interference, etc. 12 Stars makes no guarantees, either expressed or implied, in regards to the quality of specific shots/events or aesthetic qualities of each Production. Creative aspects and quality of shooting style are at the discretion of Producer. Creative aspects of editing style are at the discretion of 12 Stars.
In the event that Producer is not completely satisfied with any Production, a revision must be requested via Candidio within thirty calendar days of the online post of the Production. After thirty calendar days, 12 Stars is not liable for any requested changes. In the unlikely event that Producer is still not completely satisfied with the Production after revisions by 12 Stars, Producer may choose to (i) continue with additional round(s) of revision at an additional cost or (ii) accept the Production as is.
Producer agrees to defend, indemnify, and hold harmless 12 Stars from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from Producer’s breach of these Terms or access to, use or misuse of the Services or Website. 12 Stars shall provide notice to Producer of any such claim, suit, or proceeding. 12 Stars reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, Producer agrees to cooperate with any reasonable requests assisting 12 Stars in defense of such matter.
The trademarks, service marks, and logos of 12 Stars (the “12 Stars Trademarks”) used and displayed on this Website are registered and unregistered trademarks or service marks of 12 Stars. Other company, product, and service names located on the Website may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with 12 Stars Trademarks, the “Trademarks”). Nothing on the Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of 12 Stars specific for each such use. The Trademarks may not be used to disparage 12 Stars or the applicable third-party, 12 Stars or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without prior written consent. All goodwill generated from the use of any 12 Stars Trademarks shall inure to 12 Stars’ benefit.
The Website contains links to third-party websites (“External Links”). These links are provided solely as a convenience to users and not as an endorsement by 12 Stars of the content at such External Links. The content displayed at such External Links is developed and provided by others. 12 Stars is not responsible for the content displayed at such External Links and makes no representations regarding the content or accuracy of any materials at such External Links.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by 12 Stars infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Website should be sent to 12 Stars at:
By Mail: 11787 Lantern Road Suite 202 Fishers, IN 46038 By Email: email@example.com
These Terms are governed by the substantive laws of the State of Indiana. The Services are available only to individuals or organizations that can form legally binding contracts under applicable law. Producer expressly agrees to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Indianapolis in the State of Indiana. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of 12 Stars to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against 12 Stars unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. These Terms constitutes the entire Terms between Producer and 12 Stars with respect to the subject matter, and supercedes all previous or contemporaneous Termss, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.
12 Stars may change these Terms at any time without prior notice. A current, effective copy of these Terms may be read at any time by selecting the “Terms of Service” link at www.candidio.com. The revised terms will become effective at the time of posting. Any use of the Services after such date shall constitute acceptance of such revised terms. If any change to these Terms is not acceptable, the sole remedy is to cease accessing, browsing and otherwise using the Services.