Last Updated: March 24, 2021
These Terms and Conditions (“Terms”) govern your use of the Candi (www.meetcandi.com) website, any Candi video conferencing or streaming account, including but not limited to, Zoom, Streamyard, YouTube live stream, Facebook live stream, Instagram live, and mobile application (collectively, “Site”) for celebrity and influencer meet and greets and other products and services offered by Instaspeakers, Inc. dba Candi (“we,” “us,” or “Candi”).
- Candi Calls
- You have the ability to purchase the opportunity to virtually meet your favorite celebrities and influencers, as well as attend live streams and video conferences hosted by them on our Site. You may submit a request, or attend, a meet and greet, live stream, or video conference (collectively “Candi Calls” from celebrities and influencers (each a “Celebrity”)). You may submit a request for a Candi Call through our Site. In submitting a request, you agree not to use a false identity or provide false information. You agree not to use our Site if you have previously been removed or banned from our Site.
- Celebrities have the sole discretion to accept or deny your request for a Candi Call. CELEBRITIES HAVE THE FULL DISCRETION TO END ANY CANDI CALL IMMEDIATELY, AND WITHOUT REFUND TO YOU FOR ANY BEHAVIOR, COMMENTS, OR ACTIONS THAT THEY DEEM, IN THEIR SOLE DISCRETION, TO BE INAPPROPRIATE OR UNPLEASANT IN ANY WAY. We reserve the right to reject any request in our sole discretion.
- By booking a Candi Call you agree to the recording of such Candi Call, and to be recorded by us. In some instances (as determined by us), you are able to purchase a license to, or you may receive a licensed copy of a recording from your Candi Call (“Recording”). We hereby grant to you certain rights to use the Recording solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms. We grant you a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the Recording. Recordings are licensed and are not sold, such that when you “purchase” a Recording, you are purchasing a revocable license to access the Recording, and are not purchasing ownership rights in the Recording. You may not sell, re-sell, or encumber your rights in any Recording. You may use a Recording only in accordance with these Terms. We may terminate all or part of the foregoing licenses at any time for any reason. You are not entitled to, and we are not obligated to provide you with, the Recording, or the ability to purchase the Recording.
- You acknowledge and agree that you have no expectation of privacy with respect to any Candi Call you attend. By booking a Candi Call you agree to the recording of such Candi Call, and to be recorded by us. You agree not to edit, change, modify, or create any derivative work of a Recording or assist or encourage any third-party to do so. If you breach any provisions of these Terms, your license to use the Recording terminates and you must promptly remove all copies of the Recording in your possession or control, including on any social media platform.
- You acknowledge and agree that each Recording is owned by us.
- You may not duplicate, copy, or reuse any portion of our Site, visual design elements, or concepts without our prior express written consent.
- You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable, perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented, to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (i) any Recording for which you appear, (ii) any request (video, text, or otherwise) that you make to any Celebrity, and (iii) any submission that you make to Candi, whether through our Site, a social media platform, or third-party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, review, photo, video, email, text, post, or other communication.
- You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis.
- Candi and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners and licensors (each, a “Candi Party,” and collectively, “Candi Parties”) make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third-party website linked to or integrated with our Site. You acknowledge and agree that the Candi Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of the use of any content posted or shared through our Site.
- You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including any Candi Call, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through a Candi Call, will create any warranty not expressly made by us.
- You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that Candi is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any Candi Party with respect thereto.
- To the maximum extent permitted by applicable law, our total cumulative liability to you or any third-party under these Terms, from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by Candi from you during the 12 months preceding the claim giving rise to such liability.
- Arbitration Agreement and Waiver of Certain Rights
- Arbitration: You and Candi agree to resolve any disputes between you and Candi through binding and final arbitration instead of through court proceedings. You and Candi each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Candi relating to these Terms or our Site (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
- No Class Representative: You and Candi each agree that neither may act as a class representative or private attorney general or participate as a member of a class of claimants, with respect to any Claim. You agree that Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or Candi). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
- Opt-Out Right. You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt out to the following address: Candi, c/o Legal Department, 1921 Ridge Rd. #1134, Homewood, IL 60430.
- Other Provisions
- Force Majeure: Under no circumstances will any Candi Party be liable for any delay or failure in performance due in whole or in part to any acts of God, earthquakes, unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, pandemics, or any other event or cause beyond the reasonable control of any Candi Party.
- Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the state or federal courts located in Chicago, Illinois. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
- Assignment: Candi may at any time, assign its rights and obligations under these Terms, including in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
- Changes to these Terms
From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on our Site and updating the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you are a new user of our Site and will be effective 30 days after posting if you are an existing registered user unless you accept the revised Terms before that time. By continuing to use our Site, you agree to the revised Terms.