The following Terms and Conditions (these "Terms") of Candidtag, LLC, an Illinois limited liability company (referred to in these Terms as "we" or "us"), apply to all dealings between you and us relating to (a) your registration as a photographer with access to our website www.candidtag.com (the "Site"), (b) your use of the Site, and/or (c) any other related goods and/or services provided to you by us at any time. As part of the photographer registration process, you must click "I agree" to acknowledge that you have read, understand, and agree to these Terms and Conditions. We reserve the right to change these Terms and any other of our policies at any time and from time to time, effective upon our posting of written notice on the Site. Your use of our Site at any time after any such change shall be deemed to constitute your agreement to the change.

1. Your Information. You represent and warrant to us that all of the information provided by you to us as part of registration, or at any time thereafter, is valid, accurate and complete. You agree that you will notify us within five (5) business days if any such information changes.
2. Legal Compliance. You represent, warrant and agree that you will always comply with all applicable statutes, case law, rules, regulations, codes, ordinances, orders, decisions and decrees (collectively, as amended from time to time, "Applicable Laws") relating to (a) your use of the Site, (b) your photography, and/or (c) any and all photographs posted by you on the Site ("Your Photos").
3. Cost, Pricing and Printing. There is currently no charge for registering as a registered photographer on the Site. All pricing for sales made through the Site of prints or digital copies of Your Photos shall be as set forth on the Site from time to time, as determined by us in our sole discretion from time to time. You acknowledge and agree that we shall have complete discretion in selecting a photo printing vendor to fill orders placed through the Site for prints of Your Photos
4. Commision
   (a) As your sole compensation from us in connection with our sale of prints and digital copies of Your Photos and other merchandise relating to Your Photos through the Site or otherwise ("Sales"), you will receive commission on all monthly Sales in accordance with the commission chart below based on the total purchase price for all such Sales, excluding tax, shipping and handling:
   
   

   Sales Range	Commission %
   $0.00 - 49.99	50%
   $50.00 - 99.99	55%
   $100.00 - 199.99	60%
   $200.00 - 299.99	65%
   $300.00 and up	70%

   
   (b) Notwithstanding any other provision of these Terms, in the event of any returns relating to Your Photos, your commission with respect to the returned items shall be cancelled. If you receive commission from us for any sale of any item that is subsequently returned ("Unearned Commission"), you shall, immediately upon demand from us, repay to us the full amount of such Unearned Commission. Without limiting the immediately prior sentence, we may also, in our sole discretion, set-off all or any part of such Unearned Commission against any other commission(s) earned by you from us at any time and from time to time.
   
   (c) Commission from your Sales will be paid to you within forty-five (45) days after the end of the calendar month in which it is earned, except that if you earn less than $30 of commission in any calendar month, such commission ("Carry-Over Commission") will not be paid within forty-five (45) days after the end of such calendar month and will instead be counted toward the next calendar month's earned commission. If the commission earned in such next calendar month (including all unpaid Carry-Over Commission) still does not exceed $30, then such commission will not be paid within forty-five (45) days after the end of such next calendar month and will instead be counted toward the following calendar month's earned commission, and so on, until the minimum $30 level of monthly commission required for such commission to be paid is reached.
   
   (d) All commission earned by you is subject to set-off by us against any and all amounts owed to us by you from time to time, including without limitation pursuant to Section 4(b) above or Section 14 below.
   
   (e) You acknowledge and agree that you are an independent contractor with no right, title or interest in the Site, and that there is no employment, joint venture or partnership relationship between you and us. You have no power or authority to bind us to any contract or commitment. You are responsible for paying all taxes and other governmental charges applicable to all commission paid to you by us.
5. Tax You agree that you are responsible for the accuracy and suitability for any payment of taxes to any entity on your behalf. You acknowledge that that you are responsible for all liabilities, costs, interest and expenses that arise from any government or third party claim that relates to any tax obligation. You agree to provide us with your Social Security Number or Tax Indentification Number if necessary so that we can provide that information to the Internal Revenue Service with regard to payments you receive from us. You authorize us to release that information to the IRS.
6. Content Restrictions. You may only post your own photographs on the Site. You are not permitted to post any other content on the Site, except for brief comments related to Your Photos in the allotted space on the Site. Because the Site is visited by people of all ages with diverse backgrounds, we reserve the right to, in our sole discretion, prohibit the posting any photograph, comment and/or other material on the Site, and/or remove any photograph, comment and/or other material from the Site, for any reason at any time without prior notice, including without limitation upon the request of any person or entity. Without limiting the above, you are prohibited from posting any photo or comment that you did not create, or was taken in a private place without the consent of the subject of the photo, or that is illegal, offensive, promotes illegal activities, racism, bigotry, hatred or physical harm of any kind against any person or group, harasses or advocates harassment of another person or group, is pornographic or profane, exploits people in a sexual or violent manner including without limitation child pornography, contains nudity, excessive violence, contains any link to any other website, solicits personal information from anyone, publicly posts information that poses or creates a privacy or security risk to any person, violates anyone's rights of privacy or publicity, defames or libels anyone, infringes on anyone's copyrights, trademarks, contract rights or any other rights, contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page), provides or creates computer viruses. Although we will periodically review photos, comments and material posted on the Site in order to determine if any prohibited photos, comments or materials have been posted, we assume no responsibility for any of the content or subject matter of anything posted on the Site. You agree that Your Photos will not include any photos that were not taken in public places.
7. Other Restrictions. All postings of Your Photos on the Site are subject to the following restrictions (in addition to the restrictions contained elsewhere in these Terms):
   
   (a) Each photo must be less than 50MB.
   
   (b) Each collection may have no more than 200 photos.
   
   (c) You may only have 20 active (not-deleted) collections at any time.
   
   (d) We may permanently delete any photos belonging to collections that have not been viewed or edited within the last 30 days.
8. Rights to Your Photos. You retain ownership of Your Photos. However, you grant us a perpetual, worldwide, non-exclusive, royalty-free license to print, sell, publicly display on the Site, reproduce, reformat, and create derivative works from each such photo (for example, t-shirts and calendars on which any such photo is printed), anywhere, whether in print or electronic version, or any other version that exists now or is later developed, for any purpose, including without limitation a commercial purpose. You may terminate such license with respect to any of Your Photos at any time by deleting the photo from the Site, provided that we reserve the right to complete any pending sales involving any deleted photo. With respect to any of Your Photos that are sold to a third party through the Site, you grant to such third parties a limited, perpetual, non-exclusive, royalty-free license for such third party's personal, non-commercial, private use of such photo. You acknowledge and agree that we may from time to time include links to other websites and/or to our own and/or third party advertisements on the Site, including without limitation in close proximity to some or all of Your Photos on the Site.
9. Infringement. You represent and warrant to us that (a) you own all right, title and interest in all of Your Photos, (b) no one else has any interest in any of such photos (except pursuant to these Terms), and (c) the posting, sale and use of Your Photos does not and will not violate any of the Applicable Laws, or any privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or human rights of any person or entity, including without limitation any and all persons who appear in any such photos. In the event of any claim by any third party that any photo infringes on any right of such third party, we reserve the right (in addition to all other rights and remedies under these Terms and/or Applicable Laws) to remove such photo from the Site, and/or disable access to such photo on the Site, without prior notice. You hereby authorize us to release information about you if required by any of the Applicable Laws or subpoena, without notice to you, in connection with any third party claim that its intellectual property rights have been infringed on by you or any of Your Photos. We will comply as appropriate with the terms of any court order relating to alleged infringement on the Site.
10. Other Content. For purposes of these Terms, "Other Content" shall mean all content on the Site other than Your Photos. You agree that you have no interest in any of the Other Content. You agree that you will not use, copy, distribute, publicly display, reverse engineer, reproduce or create derivative works from, any of the Other Content or any of our software or code relating to the Site.
11. Other Prohibitions. In addition to the other prohibitions set forth in these Terms, you are prohibited from doing any of the following: (i) any act or omission that disrupts the Site or the way it functions or interferes with any other photographer's or any user's enjoyment of the Site, (ii) using the Site to deceive anyone, (iii) using any virus, bot, worm, or any other computer code, file or program that interrupts, destroys or limits the functionality of any computer software or hardware, or otherwise permits the unauthorized use of or access to a computer or a computer network, (iv) interfering with the access of any user, host or network to the Site, (v) covering or interfering with any advertisements on the Site, (vi) interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site, (vii) impersonating or attempting to impersonate another person or entity, (viii) selling or otherwise transferring your photographer registration for the Site, (ix) attempting to probe, scan or test the vulnerability of the Site or breach any security or authentication measures, (x) collecting or storing personal data about other Site users without their express permission, including collecting usernames, user I.D. numbers, and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, (xi) impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud, (xii) scraping the Site by the use of crawlers, bots or other automated mechanisms, and/or (xiii) using the Site in a manner that violates any laws.
12. Disciplinary Action. We reserve the right to deny, restrict or suspend your access to all or any part of the Site and/or any of our services and/or terminate your registration and access to the Site at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability, and to take legal action if needed, at any time upon any breach or violation by you of (a) these Terms, as amended from time to time, (b) any of our other policies established from time to time, as amended from time to time, or (c) any of the Applicable Laws.
13. Software. Any use or downloading of any software provided by us or any of our contractors or agents in connection with the Site ("Software") is at your own risk. No Software may be downloaded or exported in violation of U.S. export laws.
14. Disclaimers.
    
    (a) We make no representation or warranty about the Site, the Software or any services provided by us in connection with the Site. In addition, we make no representation or warranty that the Site or the Software will meet any of your specific needs or will provide you with any particular results. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES ABOUT THE SITE, THE SOFTWARE, AND OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SITE, THE SOFTWARE AND OUR SERVICES ARE PROVIDED "AS IS." YOU USE THE SITE AND THE SOFTWARE, AND RECEIVE OUR SERVICES, AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
    
    (b) We are not responsible if any of Your Photos, data or records are deleted, or if any modification, suspension, or discontinuation of the Site, Software or services, or any other event or circumstance, causes you to lose any of Your Photos, data or records or causes any other loss or damage to you or your property. We encourage you to always keep backups of Your Photos, data and records.
    
    (c) We are not responsible for any failure to perform, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication, whether the result of our maintenance of the Site or the Software or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure or cause of any nature. We make no representation or warranty about the availability or accessibility of the Site for you or any users or customers of the Site at any particular time or during any particular period of time.
    
    (d) We are not responsible for the goods or services provided by our advertisers or via other websites or applications, including without limitation websites to which links are contained in the Site.
    
    (e) We are not responsible for any personal injury or property damage suffered by you at any time while taking photos, regardless of whether or not any of those photos are posted on the Site at any time.
    
    (f) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR RELATING TO THE SITE, THE SOFTWARE, OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SOLE, EXCLUSIVE AND MAXIMUM LIABILITY TO YOU, AND/OR ANY SHAREHOLDER, DIRECTOR, OFFICER, MEMBER, MANAGER, PARTNER, EMPLOYEE, AGENT, HEIR, SUCCESSOR AND/OR ASSIGN OF YOU, ARISING FROM OR RELATING TO THESE TERMS AND/OR THE SITE AND/OR ANY SERVICES PROVIDED BY US, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE ONE HUNDRED DOLLARS ($100).
    
    (g) Any failure by us to comply with these Terms or to perform any service or obligation because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control shall not be deemed a breach of these Terms.
15. Indemnification. You will indemnify and hold harmless us and our members, managers, employees, agents, representatives, affiliates, successors and assigns from and against any and all damages, claims, liabilities, losses, obligations, costs and expenses (including without limitation reasonable attorneys' fees, expert witness fees and court costs) arising from or relating to (a) any breach of any representation, warranty, covenant or agreement made by you in this Agreement, (b) any infringement by you or Your Photos on any intellectual property rights of any person or entity, (c) any violation of law by you, (d) any third party claim arising from or relating to your use or misuse of the Site, and/or (e) any property damage or personal injury caused or suffered by you while taking photographs at any time.
16. Miscellaneous. These Terms are governed by the laws of the State of Illinois, regardless of any conflict of law provisions. You and we hereby agree to submit to the exclusive jurisdiction of any state or federal courts located within Cook County, Illinois to resolve any dispute arising from or relating to the Site, these Terms, or any other dealings between you and us. In the event that any provision of these Terms is found to be invalid by any court of competent jurisdiction, such provision shall be enforced to the fullest possible extent and such invalidity shall not impact the validity of any of the other provisions of these Terms. All of your representations and warranties in these Terms and the provisions of Sections 7, 8, 9, 13, 14, and 15 of these Terms shall survive any termination of your registration or your access to the Site. In the event of any litigation arising from or relating to the Site, these Terms, or any other dealings between you and us, the non-prevailing party in such litigation (including all appeals) shall reimburse the prevailing party for all reasonable attorneys' fees, reasonable expert witness fees, and court costs incurred by the prevailing party in such litigation.
17. Newsletter. By signing up for this service you agree to also subscribe to the email newsletter from which you can unsubscribe at any time.