Terms of Use

Here to view our Privacy Policy & Terms before agreeing to them? Head to nowcandid.com/privacy-policy to view our Privacy Policy or read on to learn more about our Terms of Use.

Please read these Terms of Use carefully. By using this site or submitting an order for photographs via this platform owned by Candid Color Systems, Inc. ("CCS", “NowCandid”, “we”, “us” or “our”) and used in association with its affiliates, you indicate your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use this site as a photographer to host and sell images; and do not as a consumer or photographer submit any orders using this site.

By using this site or submitting an order, you agree that you are over the age of eighteen and that you will abide by all applicable federal, state, and local laws, and understand that you will be legally bound by these Terms as well our privacy policy. Additionally, photographers using our platform(s) to host, disseminate, share and sell their images have agreed to additional photographer terms of use.

“QuicPics®,” "NowCandid®", “Team Photo Network™” and “Grad Photo Network™” are registered trademarks of CCS. All other marks, names, and logos mentioned on this site are the property of their respective owners.

• Communication Consent and Preferences
• Copyright and Trademark Information
• Publication of Photographs
• Site Content and Information
• Disclaimer and Limitation of Liability
• Privacy Warranty and Data
• Safe Shopping Guarantee
• Order Acceptance Policy
• Return Policy
• Shipping Policy
• Sales Taxes
• Dispute Resolution
• Third-Party Links and Services
• Indemnification Clause
• Modifications‍
• Controlling Law; Judicial Forum for Disputes
• Waiver, Severability and Assignment
• Entire Agreement

1. Communication Consent and Preferences

When you provide your contact information through our services, including Tap-A-Face, Selfie Check-In, Scan Card Check-In, Type& Take, or other methods, you consent to receive text messages and/or emails from NowCandid on behalf of the Event Photographer. These communications may include images, image gallery links, or other related content.

Please be aware that standard text and data rates may apply to any messages received. You have the right to opt-out or unsubscribe from these communications at any time. Instructions for unsubscribing will be included in every communication we send, allowing you to manage your preferences effectively and discontinue receiving updates whenever you choose.

By using our services and providing your contact information, you acknowledge and agree to this communication method as part of the NowCandid service experience. DUTY TO NOTIFY REGARDING SMS/MMS MOBILE MESSAGING: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt-out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.

2. Copyright and Trademark Information

It is illegal to reproduce photographs taken by a professional photographer or copyrighted images without the permission of the copyright owner. As with any image, your possession of a copy of a digitized image does not in itself mean you have any rights to use it. The photographer generally owns the copyright of an image, and only the copyright owner or someone authorized by the copyright owner can give you permission to use the image.

CCS, one of our affiliates or the individual photographers who have authorized the use of photographs on this site own the copyrights of the photographs on this site. Except as otherwise required by applicable law, you may not reproduce, distribute, modify, retransmit, or publish any copyrighted material without the written consent of the copyright owner, including, without limitation, print or electronic reproduction, publication or any display of photography. In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs, or any portion thereof, in any manner not authorized by the copyright owner, or if you otherwise infringe any intellectual property rights relating to the photography, products, or this Website, you agree to indemnify and hold CCS, its subsidiaries, affiliates, licensees and representatives harmless against any losses, expenses, costs, or damages, including reasonable attorney’s fees, incurred by them as a result of unauthorized use of the photography or products and/or your breach of the terms of this agreement.

In addition to the photographs, all screens appearing on this site, including graphics, text elements, site design, logos, images, and icons, as well as their selection, assembly, and arrangement, are the sole property of CCS and are copyrighted by CCS unless otherwise specified.

As a site user, you acknowledge that this site may contain information, data, photographs, videos, typefaces, graphics, music, sounds, and other material (collectively “content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies now existing or developed in the future. All content is copyrighted as a collective work under the U.S. copyright laws, and CCS owns a copyright in the selection, coordination, arrangement, and enhancement of the content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transferor sale of, create derivative works from, or in any way exploit any of the content. You may not upload, post, reproduce, or distribute any content protected by copyright without obtaining permission of the owner of the copyright.

“QuicPics®,” “NowCandid®”, “Team Photo Network™” and “Grad Photo Network™” are registered trademarks of CCS. All other marks, names, and logos mentioned on this site are the property of their respective owners.

3. Publication of Photographs

CCS may, but is not obligated to, monitor the information, including photographs, that could be posted on this site. Any information displayed on this site, including those protected with an event password, should be considered public information.

CCS may refuse orders for products with indecent, obscene, lewd, or illegal material or that may violate copyrights or privacy rights of others or for any other reason.

4. Site Content and Information

This website contains photographs, information, text, and other materials that are provided for your convenience and enjoyment. The content may contain errors, omissions, inaccuracies, or outdated information. CCS does not make any representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information.

The photography business who takes the photos may, in their discretion, collect contact information including emails, cell phone numbers and physical addresses using various opt-in methods. The photographer/ photography business agrees by using this website and its system that they have the rights to use this information for the purpose of marketing photos. Any questions regarding opt-in and opt-out to these services should be directed to the photographer who takes the photos. CCS directs all users of our systems to abide by applicable state and federal laws including where the use of contact information applies..

5. Disclaimer and Limitation of Liability

Use of this site is at your sole risk. Neither CCS nor its affiliates, nor any of their officers, directors, or employees, agents, third party content providers, photographers, or others warrant that this site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this site.

CCS PROVIDES THIS SITE ON AN “AS IS” AND “AS AVAILABLE”BASIS. CCS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS ORIMPLIED, AS TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALSOR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDERAPPLICABLE LAW, CCS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OFANY KIND, WITH RESPECT TO THE PHOTOGRAPHS, INFORMATION IN THIS SITE, ORMATERIALS OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THE THIS SITEGENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE.

CCS will not be liable for any damage, loss, or expense of any kind arising out of, or resulting from your possession or use of the photographs, regardless of whether liability is based in tort, contract, or otherwise. In no event will CCS be liable to you for any indirect, special, incidental, consequential, or punitive damages (including any loss of profits, loss or corruption of data, loss of good will, computer failure or malfunction, or interruption of business), with respect to the photographs, any loss of your data or other content in connection with CCS’s services, any errors or omissions in any of your data or content, any information contained in this website, other products, services, or materials offered, sold, or displayed on this site, your use of the site generally, or otherwise, regardless of whether CCS has been advised of the possibility of such damages. If the foregoing limitation is held to be unenforceable, the maximum liability of CCS and providers to you shall not exceed the amount you paid for the photographs, or other products or services you ordered through this site

6. Privacy Warranty and Data

CCS represents and warrants that CCS’s services shall comply with all applicable U.S. and international privacy laws, including but not limited to data protection laws, security breach laws and privacy protection laws; provided however, that such warranty is expressly conditioned upon your use of the photographs in accordance with: (a) any guidelines or restrictions communicated by CCS; (b) laws applicable to you acting as a data controller (and CCS as a data processor); and (c) incompliance with other applicable privacy laws.

CCS may collect, generate, store and use diagnostic and usage-related data, and information, or insights generated or derived from the use and operation of the CCS’s Services (“Usage Data”). CCS owns all right, title, and interest in Usage Data and may use it for its business purposes, including providing support for CCS’s services, account management, industry analysis, benchmarking, analytics, and developing and improving its products and services. Any Usage Data that CCS discloses will be de-identified and aggregated.

You shall be responsible for data that you provide or use in respect of CCS’s services. You are solely responsible for determining the suitability of use of CCS’s services for your personal use, business, or organization, and complying with any regulations, laws, or conventions applicable to the data you provide and your use of CCS’s services.

You warrant that the collection and use of any personal information or data you provide while using CCS’s services complies with all applicable data protection laws, rules, and regulations. You acknowledge your understanding and hereby provide your consent that we may process such personal data in accordance with CCS’s Privacy Policy, except as permitted additionally in these Terms of Use.

7. Safe Shopping Guarantee

The purchase area of this site is designed to be secure. CCS has taken measures designed to make shopping with us safe by using Secured Socket Layer (SSL) to encrypt your personal data. If you experience fraudulent use of your credit card as a result of shopping with CCS, notify your credit card company in accordance with its reporting rules and procedures.

8. Order Acceptance Policy

When you place an order on this site you will receive Email confirmation that CCS has received your order. Your receipt of an electronic or other form of order confirmation does not signify CCS’s acceptance or confirmation of your order. CCS reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled before it has been produced or entered into the production process, you will receive a prompt refund credit to your account. CCS reserves the right, at any time after receipt of your order, to supply less than the quantity you ordered of any item. CCS may require additional verifications or information before accepting any order. Price and availability of photographs and other products and services offered on this site are subject to change without prior notice.

9. Return Policy

If you are not completely satisfied with your photographs when you receive them, please contact ccssupport@candid.com. Your Customer Support representative will instruct you how to return goods for replacement, refund, or the proper credit - determined on a case-by-case basis. CCS works cooperatively with the Event Photographer to ensure that all goods produced by us are acceptable to the customer.

10. Shipping Policy

Depending on the event photographed and the type of products ordered, items will be mailed directly to you via United States Postal Service standard delivery or via another shipping provider if necessary. Shipping and handling charges are determined by your Event Photographer and are charged to you at the time you place your order in accordance with your Event Photographer’s pricing policies.

11. Sales Taxes

CCS charges sales taxes, the rate of which is set according to the billing information you provide. Some states require a tax on the delivery charge. You are responsible for paying applicable sales taxes. Any questions regarding sales taxes should be directed to ccssupport@candid.com.

12. Dispute Resolution

In the event of a dispute arising out of or in connection with these Terms of Use or your use of NowCandid's services, both parties agree to attempt to resolve any disagreements amicably before proceeding to arbitration or court action. If an amicable resolution cannot be reached, all formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below.

Before filing a claim against NowCandid, you agree to try to resolve the dispute by first emailing ccssupport@candid.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty(30) days of our receipt of your first email, you or NowCandid may then bring a formal proceeding.

Unless you opt-out during the Opt-Out Period in accordance with this Section, you and NowCandid agree to resolve any claims, disputes and matters arising out of or in connection with these Terms of Use (including without limitation its existence, formation, operation and termination) and/or NowCandid’s services (including without limitation non-contractual disputes and matters) through final and binding arbitration and you and NowCandid expressly waive the right to formal court proceedings (including without limitation trial by jury), except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, only an experienced, independent third party that will act as the arbitrator, and court review of an arbitration award is limited.

You can decline this agreement to arbitrate by emailing us atccssupport@candid.com or by sending a letter to 1300 Metropolitan Ave, Oklahoma City, OK 73108 Attn: Support Request within thirty (30) days of the date that you first agree to these Terms of Use (“Opt-Out Period”). If you send an email, it must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. This opt-out doesn’t affect any other sections of these Terms of Use. If you have any questions about this process, please contact ccssupport@candid.com.

Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

You and NowCandid agree that these Terms of Use affect interstate commerce, so the US Federal Arbitration Act (FAA) and federal arbitration law apply and govern the interpretation and enforcement of these provisions. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules, which are available atwww.adr.org or by calling 1-800-778-7879. Any arbitration hearings will take place at a location to be agreed upon in Oklahoma City, Oklahoma, in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.  Payment of filing, administration and arbitrator fees will be governed by the AAA commercial fee schedule.

Notwithstanding anything in these Terms of Use, either you or NowCandid may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of NowCandid’s services, or intellectual property infringement or misappropriation without first engaging in arbitration or the informal dispute resolution process described above. Either you or NowCandid may assert claims, if they qualify, in small claims court in Oklahoma City, Oklahoma, or any US county where you reside or work.

Any claim not subject to arbitration must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren't allowed.

If an issue arises specifically with the actions or services of an Event Photographer, such disputes should be resolved directly with the respective photographer. NowCandid acts solely as a platform provider and is not responsible for, nor liable for, any actions, omissions, or services provided by individual Event Photographers. It is essential for users to differentiate between NowCandid’s platform services and the services rendered by independent photographers using the platform.

Additionally, unless explicitly defined by an Event Photographer's agreement or contract with an Event Organizer (any person or organization that contracted the services of an Event Photographer), this Terms of Use document should be considered indicative of the Event Photographer's terms. However, itis crucial to note that these terms serve as a broad framework, and NowCandid does not assume liability or responsibility for the specific contractual obligations or arrangements between Event Photographers and Event Organizers. Event Photographers are encouraged to specify their own terms and conditions to ensure clarity and coverage for their services.

13. Third-Party Links and Services

NowCandid may provide the ability to log in using third-party services such as Google, Apple, Instagram, or Facebook, and may also include links to the websites of photographers’ businesses. While we facilitate these connections to enhance your experience, we are not responsible for the content, policies, or practices of any third-party service or website. Accessing and using these third-party services or websites is at your own risk, and we encourage you to review their terms and privacy policies.

14. Indemnification Clause

You agree to indemnify, defend, and hold harmless NowCandid, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you or any other person accessing the site using your internet account, or from the use of NowCandid's services that infringes on the intellectual property rights of others or otherwise causes injury to any person or entity.

15. Modifications

CCS reserves the right to modify these Terms of Use from time to time, and will post the most current version on CCS’s website. If a modification meaningfully reduces your rights, CCS will notify you (by, for example, sending you an email or displaying a prominent notice within the Services). Modifications will not apply retroactively. By continuing to use CCS’s services after any modifications come into effect, you agree to be bound by the modified Terms of Use and any. If you disagree with our changes, then you must stop using CCS’s services.

16. Controlling Law; Judicial Forum for Disputes

This agreement and CCS’s services as well as all disputes and matters arising out of or in connection with this agreement and services(including non-contractual disputes and matters) shall be governed by, and construed in accordance with, the laws of the State of Oklahoma applicable to agreements made and to be performed in Oklahoma, except that the Federal Arbitration Act (“FAA”) shall prevail to the extent that there exists any conflict between the FAA and the laws of the State of Oklahoma with respect to Section 12, “Dispute Resolution.” Any legal action or proceeding between you and CCS concerning this agreement shall be commenced exclusively in a federal or state court of competent jurisdiction in Oklahoma. If Section 12 is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 12, you and CCS agree that any judicial proceeding (other than small claims actions) arising out of or in connection with these Terms of Use(including its existence, formation, operation and termination) and/or CCS’s services (including non-contractual disputes and matters) must be brought exclusively in the federal or state courts of Oklahoma City, Oklahoma and you and CCS consent to venue and personal jurisdiction in such courts.

17. Waiver, Severability and Assignment

CCS’s failure or delay to enforce any provision of these Terms of Use is not a waiver of our right to do so later. If any provision of this agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign these Terms of Use or any of your rights or obligations here under without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Terms of Use or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with CCS’s services, with thirty (30) days prior written notice.

18. Term and Termination

You may terminate your use of NowCandid’s services at anytime. NowCandid reserves the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of NowCandid’s services or their functionality at any time at its sole discretion and without notice. For example, NowCandid may suspend or terminate your use of part or all of the services if you violate these Terms or our Privacy Policy. NowCandid will endeavor to provide you reasonable notice upon suspending or terminating part or all of NowCandid’s services. All sections of these Terms of Use that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Copyright and Trademark Information, Publication of Photographs, Site Content and Information, Disclaimer and Limitation of Liability, Warranty Disclaimers, Privacy Warranty, Dispute Resolution, and Indemnification Clause.

19. Entire Agreement

These Terms of Use constitutes the entire agreement between you and NowCandid regarding the subject matter of this agreement and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms of Use. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in these Terms of Use. You also may be subject to additional terms, policies or agreements that may apply when you use other services. These Terms of Use create no third-party beneficiary rights, and no third party shall have any right or standing to claim benefit or bring an action to enforce this agreement.