Terms and Conditions

 

Candid Cadence welcomes you!


The following describes the Terms and Conditions of Use, and your continued participation in use of this website asserts your agreement to these Terms and Conditions.

CandidCadence.com and the Candid Cadence brand is a website and brand owned and provided by Cristy Paige York, and the is governed by the United States of America and the laws of the state of Georgia. All property henceforth on this site is intellectual property owned by Cristy York. These Terms of Use therefore constitute an agreement between you and Cristy Paige York.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

The Candid Cadence Service

We agree to provide you with the Candid Cadence Service. The Service includes all of the CandidCadence.com products, features, applications, services, technologies, and software that we provide to advance Candid Cadence’s mission: To provide a creative platform for inspiration, awareness, and collaboration. The Service is made up of the following aspects (the Service):

  • This site offers a window into the Candid Cadence brand, to spread awareness about the topics the owner (Cristy Paige York) is passionate about.

  • This site offers a reference section for photogoragphers for the purpose of collaboration and giving credit to said photographers.

  • This site provides opinions which may not always be factual and are not liable for suit under the Constitutional right of free speech

  • This site is linked to a store to connect global consumers to the owner (Cristy Paige York) so that she may create and legally sell artwork as is. The owner is not obligated under any law to provide refunds once the sale has commenced.

  • This site is linked to a GoFundMe in which global users may voluntarily opt to donate or transfer currency or money to the owner to use as she wishes.

  • Research and innovation.

  • We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.

The Data Policy

The only data collected by the website is your email should you decide to email the owner of the site. This is only maintained in an effort to respectively respond via email.

Your Commitments

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Who Can Use Instagram. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Instagram community.

  • You must be at least 13 years old.

  • You must not be a convicted sex offender.

How You Can't Use CandidCadence.com

  • You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.

  • You can't do anything to interfere with or impair the intended operation of the Service.

Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.

  • We do not claim ownership of your content, but you grant us a license to use it.

Additional Rights We Retain

  • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).

Our Agreement and What Happens if We Disagree, Our Agreement

  • We agree to provide credit to photographers by including their Instagram handle and to provide credit and acknowledgement to musicians by including their name on the website.

  • Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.

  • We reserve all rights not expressly granted to you.

Who Has Rights Under this Agreement.

  • This agreement does not give rights to any third parties.

  • You cannot transfer your rights or obligations under this agreement without our consent.

Who Is Responsible if Something Happens.

  • Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

  • We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

  • Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

  • You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

How We Will Handle Disputes

  • Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Candid Cadence ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Instagram users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

  • Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.

  • The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.

  • This arbitration provision is governed by the Federal Arbitration Act.

  • Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Instagram account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be emailed to cristypyork@gmail.com. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Instagram account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

  • For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in a state court located in Fulton County, Georgia. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

  • The laws of the State of Georgia, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

Unsolicited Material.

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms.