Last updated October 28, 2021

Candid (“Candid”, “we” or “us”) makes its Websites (as defined herein) and associated products, and services (collectively with the Websites, “Services”) available to visitors of such Websites (“Customer”, “you” or “your”), whether or not such they register or purchase products or services through the Websites, subject to the terms and conditions set forth in these Terms of Service (the “Agreement”).

By accessing or using the Services in any way, you agree to be bound by this Agreement. If you do not accept any of the terms of this Agreement and/or you do not meet or comply with its provisions, you may not use the Services. You represent and warrant that (i) you are at least 18 years of age and have the authority to enter into this Agreement; and (ii) if you are accepting this Agreement on behalf of an entity, you have the authority to agree to all of the terms set forth herein on behalf of such entity.  

The disclaimers, terms, and conditions in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application that we disclose.

Important notice: YOUR USE OF THE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 7 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. Please carefully review Section 9 of this Agreement for more information.

1. Services – General terms

1.1. Candid materials. Our Services, systems, databases, and any and all other information, data, documents, materials, works and other content, devices, methods, processes, software, designs, workflows and other technologies that are provided or used by Candid in connection with the Services and any and all intellectual property rights in the foregoing (collectively, the “Candid Materials”) shall at all times remain the exclusive property of Candid or its third-party licensors. Any third-party software included in the Services is licensed subject to the additional terms of the applicable third-party license. Candid Materials may be governed by supplemental terms of service that are specific to the applicable product or service that you purchase from Candid (“Product Terms”). In the event of any conflict between the terms of this Agreement and those in the Product Terms, the terms of the Product Terms shall control with respect to your use of such Candid Materials.

1.2. Candid websites. Candid maintains and provides products and/or services through a number of different Websites (as defined herein).  Each Website may be governed by supplemental terms of service that are unique to such Website (the “Website Terms” and, together with the Product Terms, the “Supplemental Terms”). In the event of any conflict between the terms of this Agreement and those in the Website Terms, the terms of the Website Terms shall control with respect to your use of such Website. For purposes of this Agreement, the term “Website(s)” includes https://candid.org and all affiliated websites. 

1.3. Grant of access and usage rights. On the condition that you comply with your obligations under this Agreement (including, any applicable Supplemental Terms), and subject to additional terms of any third-party licenses applicable to third-party software included in the Services, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, right to access and use the Services solely for your own internal, personal, and/or non-commercial purposes. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and terminate or limit your access to the Services. Any use of the Services that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement. You are not acquiring any rights in or to the Candid Materials other than a non-exclusive right to access and use the Services solely in accordance with the terms of this Agreement.

1.4. Modification. We may discontinue or alter any aspect of the Services, restrict the time the Services are available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to the Services without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification we make to the Services.

1.5. Removal of access. Your access to the Services is provided on a temporary basis with no guarantee for future availability. You agree that we may immediately suspend or terminate your access to the Services or any part thereof. Cause for such measures include, without limitation: (1) breach or violation of this Agreement or other incorporated agreements or guidelines (including, without limitation, the Supplemental Terms); (2) our discontinuance or material modification to the Services; (3) unexpected technical or security issues or problems; (4) extended periods of inactivity; or (5) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.

1.6. Defects and availability. We use commercially reasonable efforts to maintain the Services, but we are not responsible for any defects or failures associated with the Services or any damages (such as lost profits or any other consequential or indirect damages) that may result from any such defects or failures. The Services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time to time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. You understand that the Services are provided over the Internet, so the quality and availability of the Services may be affected by factors outside of our control. We do not represent, warrant, or guarantee that the Services will always be available or will be completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to the Services being unavailable.

1.7. Restrictions. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Services in any way; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Services are based; (3) use the Services or any Candid Materials to develop a competing service or product; (4) use any device, software, or routine (including malicious code or viruses) intended to damage or otherwise interfere with the proper functioning of the Services, servers, or networks connected to the Services or take any other action that interferes with any other person’s use of the Services; (5) decrypt, transfer, or “frame” or “mirror” the Services on any other server or wireless or Internet-based device; (6) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to the Services; (7) use the Services for unlawful purposes; (8) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Services for any reason; (9) access or attempt to access any other user’s account; or (10) use any Candid Materials made available through the Services in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. Notwithstanding the foregoing, if a Service expressly provides a license to use Candid Materials in a manner that is more permissive than or conflicts with the foregoing restrictions (e.g. by providing that Candid Materials are made available pursuant to a Creative Commons or similar license), the license provided by the applicable Service shall govern.

2. Establishing and maintaining an account with Candid. Access to certain Services may require you to register with us via a Candid-generated registration process.  Any such registration shall be governed by the applicable Supplemental Terms.  For information about our collection of personal data in connection with account registration on the Services, please review our Privacy Policy.

3. Ownership

3.1. Ownership of Candid materials and third party content. The Candid Materials and Services are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that these rights in any of the foregoing are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Candid Materials and/or Services. Candid or its licensors exclusively own all right, title and interest in and to the Services, the Candid Materials and Feedback, including but not limited to, all ideas, inventions, inferences, discoveries, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto (collectively, “Candid IP”). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the Candid IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. Any unauthorized use of any Candid IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties.

3.2. Your content. Certain Services may allow you to upload, download, store, or transmit user-generated data or information (collectively, “Your Content”).  By submitting Your Content to the Services, you grantCandid a nonexclusive, worldwide, right and license to use, copy, and display Your Content to provide the Services.  You further grant Candid a nonexclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, transfer, sublicense, create derivative works of, and compilations incorporating, Your Content to provide performance improvement, marketing and advertising, and other lawful purposes in connection with the Services.

3.3. Restrictions applicable to your content. You may not upload, post, or transmit any content that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of Candid or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; (4) puts in jeopardy the security of your account, Candid, or the Services; or (5) promotes or displays any of the following content: (a) pornography; (b) violence; (c) racial intolerance or advocacy against any individual, group, or organization; (d) profanity; (e) hacking or cracking; (f) illicit drugs and drug paraphernalia; (g) sale of alcohol, tobacco, or tobacco-related products; or (h) the sale of weapons or ammunition. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all of Your Content from the Service. We reserve the right to amend or delete any of Your Content (along with the right to terminate or restrict use of or access to the Services) that in our sole discretion violates any of the above. By providing Your Content via the Services, you further understand and agree that you do so at your own risk and that we are not responsible for the damage or loss of any such Your Content. You agree that we are not liable for any legal violation caused by your use or misuse of any content or other information transmitted, monitored, stored, or received while using the Services.

3.4. Feedback. We welcome your comments, feedback, information, or materials regarding the Services or any of our other products or services (collectively, “Feedback”). By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.

3.5. Links; Third party materials. The Services may include links to other websites or resources on the Internet (collectively, “Third Party Materials”). Because we have no control over Third Party Materials, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Materials or for any privacy or other practices of the third parties operating those websites or providing such materials. We strongly encourage you to review any separate terms of use and privacy notices governing use of these third party websites and Third Party Materials.

4. Representations

4.1. General representations. You hereby represent and warrant that: (1) all information provided by you to us is truthful, accurate and complete and that you will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (2) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of the Services (including, without limitation, the Supplemental Terms), your Feedback, or any part thereof; (3) your access to and use of the Services or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (4) you will not use the Services in order to gain competitive intelligence about us, the Services, or any product or service offered via the Services or to otherwise compete with us; and (5) Your Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party.

4.2. Systems representations. You represent that you shall, at all times during the term, procure, set up, maintain, and operate in good repair, at your sole cost and expense, all equipment, resources, technology, or systems, including computer hardware and equipment, any Internet access, third party software, and telecommunications services, necessary for you to access and use the Services (collectively, the “Your Systems”). You further represent that in connection with Your Systems, you shall employ all physical, administrative, and technical controls, screening and security procedures, and other safeguards necessary to securely administer the distribution and use of the Services, and protect against any unauthorized access to or use of the Services.

4.3. Feedback representations. In the event you provide any Feedback via the Services, you hereby make the following additional representations and warranties to us: (1) you are owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.

5. Disclaimers of warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON THE SERVICES WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED, THAT THE SERVICES AND ANY CONTENT OR INFORMATION FOUND ON THE SERVICES WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ADDITIONALLY, CANDID MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SERVICES OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

6. Indemnity; Limitation of liability

6.1. Indemnity. You agree to defend, indemnify, and hold harmless CANDID, our officers, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with: (a) your use of our SERVICES, (b) your violation of this Agreement, (c) any OF YOUR CONTENT THAT you provide through our SERVICES, (d) your violation of any law or the rights of any third party, AND (e) your negligence or willful misconduct.

6.2. Limitation of liability. UNDER NO CIRCUMSTANCES SHALL CANDID BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR SERVICES. IF YOU ARE DISSATISFIED WITH OUR SERVICES, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR THE USE OF ANY OR ALL PARTS OF OUR SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

6.3. For California residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST CANDID.

7. Dispute resolution and governing law, jurisdiction and costs

7.1. Governing law. This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of New York without reference to its conflicts or choice of law principles.

7.2. Dispute resolution. To the extent feasible, the parties desire to resolve any dispute, claim or controversy arising out of or relating to your use of or access to the Services or Candid Materials, this Agreement or the breach, termination, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitration (a “Dispute”) through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). If we are not able to resolve any Dispute ourselves, you and Candid agree to resolve such Dispute through confidential binding arbitration as set forth below.

7.3. Binding arbitration. If you and Candid are unable to resolve a Dispute through informal negotiations, either you or Candid may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA consumer rules”) both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement you and Candid may litigate in a court of competent jurisdiction to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

7.4. Waiver of rights. You hereby agree that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have the Dispute determined by a court of law or by a jury and any right that you may have under Article 13 of the State Bar Act of California to have a trial de novo by a court after nonbinding arbitration of a dispute concerning fees or costs; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that judicial review might be available. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER.

8. Miscellaneous

8.1. Term. This Agreement is effective upon your acceptance and will continue in full force until terminated by you or us. You may terminate this Agreement at any time by immediately discontinuing all access to the Services. Termination or cancellation of this Agreement will not affect any right or relief to which we may be entitled at law or in equity. We reserve the right to terminate this Agreement at any time and for any reason without prior notice to you. Further, you agree that we will not be liable to you or any third-party for any termination or suspension of your access to the Services or any part thereof.

8.2. Independent contractors. You understand and expressly agree that you and Candid are independent contractors and not agents or employees of the other party. Neither you nor Candid has any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.

8.3. Consent to do business electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither you nor Candid will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.

8.4. Equitable relief. You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.

8.5. Privacy. We collect, store, and use data collected from you in accordance with our Privacy Policy and you hereby agree to the terms of our Privacy Policy.

8.6. Entire agreement. This Agreement and any hyperlinked policies and procedures constitute the entire agreement between you and Candid with respect to the subject matter hereof and supersede all prior agreements, both oral and written, with respect to the subject matter hereof.  We may revise and update this Agreement from time to time, and will post the updated Agreement to the portal. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of the Services will constitute your agreement to any new provisions within the revised Agreement.

8.7. Waiver; Severability. Our failure to enforce any provision of this Agreement will not be deemed to be a waiver of our right to enforce them. If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.

8.8. Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.

8.9. Survival. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.

8.10. Digital Millennium Copyright Act. Candid has the right to terminate any Customer who infringes the rights of others upon receipt of notification to Candid by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. Upon receipt of proper and valid notice of claimed infringement under the DMCA, Candid will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Site or Application in a way that constitutes copyright infringement, please provide Candid’s designated agent with the following information:

8.10.1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;

8.10.2. A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the Site or Application where the material the Customer claims is infringed is located. Include enough information to allow Candid to locate the material;

8.10.3. Your address, telephone number, and email address;

8.10.4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

8.10.5. A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

8.10.6. Candid’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by email contracts@candid.org with the subject line "DMCA" or by mail, Candid Copyright Agent, Candid, 32 Old Slip, 24th floor, New York, NY 10003.

8.11.Contact us. If you have any questions, you may contact us via phone at 212-620-4230 or email at contracts@candid.org.