TSS PHOTOGRAPHY – TERMS OF USE

By accessing or using this website (“Site”) or any services associated with TSS Photography, you agree to be bound by these Terms of Use (“Terms”). If you do not agree, you should not use this Site.

TSS Photography is a franchise-based photography brand.

• Local TSS Photography businesses are independently owned and operated franchisees.
• These franchisees provide photography services, scheduling, and customer support.
• Candid Color Systems, Inc. (“CCS”) provides technology services, including:
  • ecommerce platforms
  • image hosting
  • online ordering
  • fulfillment and delivery support

Your interaction with TSS Photography may involve both:

• an independent franchisee, and
• CCS as a service provider

Each TSS Photography location is independently owned and operated.

Franchisees are solely responsible for:

• photography services
• scheduling and event management
• pricing (where applicable)
• customer service, complaints, and refunds (unless otherwise specified)

TSS Photography (brand) and CCS do not control the day-to-day operations of franchisees.

Online galleries and purchasing systems are powered by CCS.

When placing an order:

• Products may be offered by a franchisee or photographer using the platform
• CCS may act as:
  • a service provider, or
  • a marketplace facilitator or seller of record where required by law

Additional terms may apply at checkout (“Conditions of Use”), which govern purchases.

By using this Site, you agree to:

• provide accurate information
• use the Site only for lawful purposes
• not interfere with or disrupt the Site or its services
• not attempt to access unauthorized systems or data

All content on this Site—including images, logos, text, and design—is protected by intellectual property laws.

• Images are owned by the photographer or rights holder
• You may not copy, reproduce, distribute, or use images without authorization

Purchasing an image does not transfer copyright unless explicitly stated.

Your use of this Site and our ecommerce system is also governed by the Privacy Policy and Terms of Use of Candid Color Systems, Inc., which explains how data is collected and processed.

Important points:

• Franchisees collect and interact with customers directly
• CCS processes data to provide platform, ordering, and fulfillment services
• Data may be shared between franchisees and CCS as necessary to provide services

View the Privacy Policy here.

View the Terms of Service here.

Some services (such as face search or image matching) may involve the use of biometric data.

Where used:

• you will be provided notice and, where required, asked for consent
• biometric data is handled in accordance with CCS’s Biometric Information Policy

View the Biometric Policy here.

This Site may link to third-party websites or services.

TSS Photography and CCS are not responsible for:

• the content of third-party sites
• their privacy practices
• their terms or policies

This Site and its services are provided “as is” and “as available.”

To the fullest extent permitted by law:

• TSS Photography and CCS make no warranties regarding availability, accuracy, or reliability
• franchisees are responsible for their own services and interactions with customers

To the maximum extent permitted by law:

• TSS Photography and CCS are not liable for indirect, incidental, or consequential damages
• CCS is not responsible for the actions, services, or omissions of independent franchisees
• Franchisees are not responsible for platform-level issues controlled by CCS

You agree to indemnify and hold harmless:

• TSS Photography
• its franchisees
• and Candid Color Systems, Inc.

from any claims arising out of:

• your use of the Site
• your violation of these Terms
• or your misuse of content or services

13.1 Security Incident

For purposes of this DPA, a “Security Incident” means a confirmed breach of security that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data processed by Candid on behalf of Studio.

Unsuccessful attempts or activities that do not result in unauthorized access to Personal Data, including unsuccessful login attempts, port scans, network probes, denial-of-service attacks, and similar activities, do not constitute a Security Incident under this DPA.

13.2 Notification

Candid shall notify Studio without undue delay after becoming aware of a confirmed Security Incident affecting Personal Data processed by Candid on behalf of Studio.

Notification will be made using the contact information associated with Studio’s account or other security or privacy contact designated by Studio.

13.3 Information Provided

To the extent reasonably available, Candid will provide information concerning:

(a) the nature of the Security Incident;

(b) the categories of Personal Data reasonably believed to have been affected;

(c) the categories or approximate number of affected individuals, if known;

(d) the approximate number of affected records, if known;

(e) the reasonably anticipated consequences of the Security Incident, to the extent known; and

(f) measures taken or proposed by Candid to investigate, contain, mitigate, and remediate the Security Incident.

If complete information is not reasonably available at the time of the initial notification, Candid may provide additional information as its investigation progresses.

13.4 Investigation, Containment, and Remediation

Candid will take reasonable and appropriate measures to investigate, contain, mitigate, and remediate a Security Incident affecting Personal Data processed by Candid on behalf of Studio.

Candid may take reasonable measures designed to protect the confidentiality and security of its systems, other customers, confidential information, investigative materials, and information protected by applicable legal privilege.

13.5 Cooperation

Candid will provide reasonable assistance to Studio in connection with Studio’s response to a Security Incident involving Personal Data processed by Candid on Studio’s behalf.

Where reasonably available and applicable, Candid will provide information necessary for Studio to evaluate and fulfill applicable legal or contractual notification obligations to affected individuals, schools, educational institutions, governmental authorities, or other parties.

Candid will reasonably cooperate with Studio in responding to inquiries from a school or educational institution concerning a Security Incident affecting that institution’s Personal Data, provided that Candid will not be required to disclose information that would compromise system security, disclose another customer’s confidential information, waive legal privilege, or violate applicable law.

13.6 Required Notifications

Unless otherwise required by applicable law, Studio remains responsible for determining whether notification to affected individuals, schools, educational institutions, governmental authorities, or other third parties is legally or contractually required.

Candid will not make notifications on Studio’s behalf unless required by applicable law or separately agreed to in writing.

Nothing in this Section prevents Candid from providing any notification or disclosure that Candid determines is required by applicable law.

13.7 Subprocessors

Candid will require subprocessors that process Personal Data on behalf of Studio to maintain appropriate data-protection and security safeguards and to notify Candid of confirmed Personal Data breaches affecting Personal Data processed on Candid’s behalf.

If a confirmed Security Incident involving a Candid subprocessor affects Studio Personal Data, Candid will notify Studio in accordance with this Section.

Candid’s responsibility for subprocessors remains subject to Section 10 of this DPA.

13.8 No Admission of Liability

Notification of, investigation of, cooperation concerning, or other response to a Security Incident does not, by itself, constitute an acknowledgment or admission by Candid of fault, negligence, liability, or violation of this DPA, the Agreement, or applicable law.

13.9 Liability

The parties’ respective liability arising from or relating to any Security Incident, Personal Data breach, security failure, unauthorized access, loss or alteration of data, or Candid’s performance of its obligations under this Section is governed by Section 17 of this DPA and the limitation of liability provisions in Section 15 of the Agreement.

Nothing in this Section creates or expands any liability, indemnification obligation, reimbursement obligation, warranty, or remedy beyond those expressly provided in the Agreement or required by applicable law.

13.10 Survival

Obligations under this Section relating to a Security Incident that occurred while Candid was processing Personal Data on behalf of Studio survive termination of the Agreement only to the extent reasonably necessary to complete obligations arising from that Security Incident.

These Terms are governed by the laws of the State of Oklahoma, unless otherwise required by applicable law.

These Terms may be updated from time to time.

Updates will be posted on this page with a revised effective date. Continued use of the Site constitutes acceptance of updated Terms.

For questions about these Terms:

Please contact CCSsupport@candid.com