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Terms of Service

The Gist

Twelve Stars, LLC d/b/a 12 Stars Media (12 Stars Media) owns and operates the Candidio platform. You can use the Candidio platform for the length of time in your Agreement. Thank you for using Candidio responsibly.

The Terms of Service and the Candidio platform can change at any time. We’ll try to notify you 30 days in advance before making any major changes. You must read through the Terms of Service (“Terms”) before using Candidio.

Introduction

Please read these Terms carefully. By using Candidio, 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 Media,” “we,” or “us”). 12 Stars Media 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”).

These Terms of Service (“Terms,” including our Privacy Policy) define the terms and conditions under which you’re allowed to use Candidio and how we’ll treat your account while you’re a Producer. If you have any questions about our terms, feel free to contact us. 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 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.

Agreement

“Agreement” refers to a separate document that governs the length of the relationship between the Producer and Candidio.

Video

“Video” refers to a video produced in collaboration between Producer and 12 Stars Media by following the strategy outlined during the process, and using Content provided to 12 Stars Media via Candidio. Development and Pre-Production “Development” and “Pre-production” refer to the strategy outlined for producing the Video, including the information beginning with the Agreement and provided by Producer, along with the submission of Content via the Candidio platform. Information in Development and Pre-production such as, but not limited to synopses, shot lists, and shot notes will be followed based on the best interpretation by 12 Stars Media. 12 Stars Media reserves the right to request additional information in order to provide the best possible Video.

Content

“Content” refers to video clips, photos, and other files provided by Producer that must be submitted via the Candidio platform. The provided Content should include a reasonable number of files for producing a Video, each at a reasonable length and/or file size. 12 Stars Media reserves the right to request that a smaller number of and/or shorter Content be resubmitted in order to provide the best possible Video. In the unlikely event that any and/or all Content is damaged and/or lost, 12 Stars Media liability is limited to a providing a credit valid for one Video using new Content submitted by Producer.

Term

The Term begins with an Agreement. Accepting that agreement means that you’ve “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. Processing Time Each Video’s processing time will be based on the Terms outlined in the Agreement.

Fees & Payment

We reserve the right to charge fees for your use of the services, as described in the Agreement. We are not obligated to provide refunds or credits for unused videos in the Agreement. 12 Stars Media accepts Visa, MasterCard, Discover, and American Express. Invoices are sent to Candidio Producers after an Agreement is accepted. Payments for invoices are due 30 days from receipt. 12 Stars Media charges a $30.00 fee for returned checks.

Rights & Responsibilities

The Producer agrees to cheerful cooperation and communication for the best possible result of Videos. It is understood that Producer acts as an agent for any individuals represented in any manner by any Content submitted to 12 Stars Media. Producers must:

Producer agrees that it will not submit, post, place or transmit any of the following material in Content:

12 Stars Media reserves the right to refuse any Content provided by Producer for any reason. 12 Stars Media 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 Video (including internet use).

Intellectual Property in Content

Producer declares that all materials submitted to 12 Stars Media for transfer, sharing or other reproduction, are not in violation of any copyright or trademark laws. Customer will indemnify and hold 12 Stars Media harmless in respect to any claim of violation of such laws. Producer must have either created all Content or have the permission of the copyright owner to duplicate them.

12 Stars Media may request confirmation of the copyright or trademark ownership from the Producer. If 12 Stars Media does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Content, 12 Stars Media reserves the right to (i) suspend the services relating to the Content 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 Media will share the contact information of any party claiming any such infringement. In the event of any such dispute, 12 Stars Media reserves the right to suspend the display, viewing or sharing of any Content until the issue has been resolved.

Producer hereby grants to 12 Stars Media a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute the Content for the purpose of delivering the services. Producer also grants to 12 Stars Media 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 Media and Producer and a description of the project may be described. Producer warrants that all moral rights in any Content and uploaded materials have been waived and do hereby waive any such moral rights.

Storage

Producer agrees that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the services. Producer acknowledges that 12 Stars Media has the right at its sole discretion, to terminate Producer’s account, limit the number of transmissions that can be sent or received through the site, or limit the amount of storage space, bandwidth, or other resources that may be used.

Liability & Guarantees

12 Stars Media liability is limited to refund of money paid. 12 Stars Media will not be held liable for any problems beyond its control, i.e. bad weather, accidents, poor acoustics/lighting, public interference, etc. 12 Stars Media makes no guarantees, either expressed or implied, in regards to the quality of specific shots/events or aesthetic qualities of each Video. 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 Media.

Revisions

In the event that Producer is not completely satisfied with any Video, a revision must be requested via Candidio within thirty calendar days of the online post of the Video. After thirty calendar days, 12 Stars Media is not liable for any requested changes. In the unlikely event that Producer is still not completely satisfied with the Video after revisions by 12 Stars Media, Producer may request additional revisions or escalate their claim for consideration of next steps which may include additional revisions or a refund of money paid for services.

Indemnification

Producer agrees to defend, indemnify, and hold harmless 12 Stars Media 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 Media shall provide notice to Producer of any such claim, suit, or proceeding. 12 Stars Media 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 Media in defense of such matter.

Website Trademarks

The trademarks, service marks, and logos of 12 Stars Media (the “12 Stars Media Trademarks”) used and displayed on this Website are registered and unregistered trademarks or service marks of 12 Stars Media. 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 Media 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 Media specific for each such use. The Trademarks may not be used to disparage 12 Stars Media or the applicable third-party, 12 Stars Media 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 Media Trademarks shall inure to 12 Stars Media’ benefit.

External Links

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 Media of the content at such External Links. The content displayed at such External Links is developed and provided by others. 12 Stars Media 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.

DMCA

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 Media 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 Media at: By Mail: 11787 Lantern Road Suite 202 Fishers, IN 46038 By Email: info@12starsmedia.com

Modification of the Service

You acknowledge and agree that the Service may change from time to time without prior notice to You.

Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.

Candidio shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. Cancellation and Termination of services Producer agrees that 12 Stars Media, in its sole discretion and for any or no reason, may terminate or suspend Producers account. The termination of Your access to the Service may be without prior notice, and You agree that 12 Stars Media will not be liable to You or any third party. You will not receive refunds if you cancel Your account.

Choice of Law and Dispute Resolution

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 Media 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 Media unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Miscellaneous

You acknowledge that 12 Stars Media may change these Terms from time to time without prior notice. Changes can include, but are not limited to, added or removed functionality, other enhancements, and security patches. A current, effective copy of these Terms may be read at any time by selecting the “Terms of Service” link at www.candidio.com. 12 Stars Media is not liable to you or to any third party for these changes. Any use of the Service after such date shall constitute acceptance of the revised Terms. If any changes to these Terms is not acceptable, the sole remedy is to cease accessing, browsing, and using the services.

These Terms constitutes the entire Terms between Producer and 12 Stars Media with respect to the subject matter, and supersedes all previous or contemporaneous Terms, 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.

Updated: February 1, 2017