1.1
This Website is owned by Kate Moss Agency Ltd (the ‘Company’). The Company is registered
in England and Wales under company number 09311038, VAT number 232 0444 54 and its
registered office is at Aviation House, 125 Kingsway, London, WC2B 6NH.
2.1
You may access most areas of the Website without registering your details. Certain areas of
the Website are only open to you if you register as a registered user and use the Website in
accordance with these Terms.
2.2
By accessing any part of the Website you shall be deemed to have accepted these Terms in
full. If you do not accept these Terms in full, you must leave the Website immediately.
2.3
These Terms refer to the following additional terms, which also apply to your use of the Company’s Website:
•
Privacy Policy, which sets out the terms on which the Company will
process any personal data the Company will collect from you, or that you provide to the Company.
By using the Website, you consent to such processing and you warrant that all data provided by you is accurate;
•
Cookie Policy, which sets out information about the cookies on the Website; and
4.
Ownership and restrictions
4.1
Apart from images licenced for use by the Company, including photographic images and
content which is licenced by the Company from photographers, fashion houses and other
third parties, the Website, its design and content including all text, information, still and
motion video, audio and audio visual material, code and/or software and all intellectual
property rights relating to the same (the ‘Material’) are owned by the Company. All such
rights are reserved.
4.2
The Website may be used by you strictly for your own personal use as provided in these
Terms. No element of the Website or the Material may be taken out of context or presented
in a misleading or discriminatory manner.
4.3
You must not use any part of the content on the Website for commercial purposes without
obtaining a licence to do so.
4.4
Other than as permitted under these Terms, you agree not to modify, copy, reproduce,
broadcast, modify, adapt, transmit, republish, sell, resell, exploit, create derivative works or
distribute in any way any portion of the Website or the Material.
4.5
You are granted a personal, limited, non-transferable, non-exclusive licence to access the
Website and print and download extracts from the Website (which are clearly made
available by the Company for you to print and/or download) for your own private personal
use on the following basis:
•
no documents, images or related graphics on the Website are modified in any way;
•
no graphics or images found on the Website are used separately from the accompanying
text;
•
no Material or any portion of the Website is used and/or exploited to create an
association or similar connection with a business, person or corporate entity;
•
the Company’s or applicable third party’s copyright and trade mark notices and this
permission notice appear in all copies of any material from the Website; and
•
you do not, and you do not allow any third party, to modify or create a derivative work,
reverse engineer or otherwise attempt to discover any source code or software available
on the Website.
The grant of this limited licence is conditional upon your agreement to and compliance with
all these Terms. The Company may revoke this licence at any time in its absolute discretion.
4.6
Any use of extracts or images from the Website, including without limitation the Material,
other than in accordance with paragraph 4.5 above for any purpose is prohibited. If you
breach any of the Terms, your permission to use the Website automatically terminates and
you must immediately destroy or permanently erase from any computer memory or storage
device any downloaded or printed extracts or images or documents from the Website
including without limitation the Material.
4.7
All copyrights, trademarks, intellectual property rights and proprietary rights on the Website
are the property of or licensed to the Company unless otherwise stated. Other than as
permitted under these Terms, nothing shall be construed as conferring upon you by
implication, estoppel or otherwise any other licence or right to use any trade mark, patent,
registered design, design right, copyright or other intellectual property right of the Website.
6.
Visitor material and conduct
6.1
Other than personally identifiable information, which is covered under the Company’s
Privacy Policy, you warrant that any material you transmit or post to the Website shall be
considered non-confidential and non-proprietary. The Company shall have no obligation
with respect to such material. By transmitting or posting any material to the Website you
hereby grant an irrevocable, worldwide, perpetual, royalty free licence to the Company and
its designers shall be free to copy, disclose, distribute, incorporate and otherwise use such
material and all data, images, sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes.
6.2
You are prohibited from uploading to the Website any material:
•
that is defamatory of any person, obscene, offensive, hateful, inflammatory,
indecent, discriminatory, unlawful or advocates unlawful behaviour, seditious, liable
to incite racial hatred, menacing, scandalous, deceitful, abusing, likely to cause
harassment, in breach of any legal duty, in breach of confidence, in breach of privacy
or which may cause annoyance or inconvenience;
•
which impersonates any person or misrepresents your identity or affiliation with any person;
•
for which you have not obtained all necessary licences, consents and/or approvals;
•
which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law of or infringe
the rights of any third party, in any country in the world; or
•
which is technically harmful (including, without limitation, computer viruses, logic
bombs, Trojan horses, worms, harmful components, corrupted data or other
malicious software or harmful data).
6.3
The Company shall fully co-operate with any law enforcement authorities or court order
requesting or directing the Company to disclose the identity or locate anyone posting any
material in breach of this paragraph 6.
7.
Links to and from other websites
7.1
Where the Website contains links to other sites and resources provided by third parties,
these links are provided for your information and convenience only. Such links should not be
interpreted as approval by the Company of those linked websites or information you may
obtain from them.
7.2
The Company has not reviewed, and has no control or responsibility over, the contents,
availability or data collection practices of those sites or resources.
7.3
If you decide to access any of the third party websites linked to the Website, you do so
entirely at your own risk.
7.4
The Company does not permit the linking of the Website from any third party websites
unless it has provided its express written consent to do so.
8.1
When you submit your details to the Company via the Website, you warrant that all the
details you supply, including without limitation, your name and e-mail address are accurate,
that you are authorised to use the email address that you provide and that you are at least
16 years old.
8.2
If you are below the age of 16, please obtain the permission of your parent or guardian
before using the Website. The Company has no intention of collecting any personal
information from children below the age of 16 without informed parental consent.
8.3
Parents are encouraged to review their children’s email and Internet activities to ensure that
the Website is being used in accordance with these Terms.
8.4
The Company takes your privacy seriously. Please read the Company’s
Privacy Policy for
details about what information the Company collects and how the Company will use and
protect it.
9.
Terms and conditions of business
9.1
Details of the terms and conditions of business are available at
Terms and Conditions for Booking Talent.
Please review such terms and conditions carefully and thoroughly as they will govern and apply to any supply of the services
by the Company and take precedence over and supersede any other terms.
9.2
Any amendment or variation made to the terms and conditions of business as supplied by the Company
shall not be valid or binding unless agreed to in advance by the Company and confirmed by the Company by counter-signing
such amendment or variation on the booking confirmation form.
11.1
The content on the Website is provided for general information only and it is not
intended to amount to advice on which you should rely.
11.2
While the Company endeavours to ensure that the information on the Website is
correct, the Company makes no representations, warranties or guarantees, whether express
or implied, that the content on the Website is accurate, complete or up to date.
11.3
The Company may make changes to the material on the Website, at any time
without notice. The material on the Website may be out of date, and the Company makes no
commitment to update such material.
11.4
You must obtain professional or specialist advice before taking, or refraining from,
any action on the basis of the content on the Website.
12.1
The Company, any party involved in creating, producing, maintaining or delivering
the Website, and any of the Company's group companies and the officers, directors,
employees, shareholders or agents of any of them, exclude all liability and responsibility for:
•
any third party websites linked to the Website or the material on such third party
websites, including but not limited to loss or damage due to viruses that may infect your
computer equipment, software, data or other property on account of your access to, use
of, or browsing such third party website or your downloading of any material from such
third party website; and
•
loss of profit, loss of business, business interruption, or loss of business opportunity or
and other indirect, punitive or consequential loss or damages.
12.2
The Company does not exclude or limit in any way its liability to you where it would
be unlawful to do so. This includes liability for death or injury caused by its negligence or the
negligence of its employees, agents or subcontracts and for fraud or fraudulent
misrepresentation.
12.3
The Company does not warrant that functions contained in the Website content will
be uninterrupted or error free, that defects will be corrected or that the Website’s server is
free of viruses, worms, Trojan horses or bugs.
12.4
You are responsible for configuring your information technology, computer
programmes and platform to access the Website. You should use your own virus protection