KittyKat is excited to welcome you. We can develop stunning photos and videos for your brand in no time at KittyKat. Simply schedule an appointment with our studio and crew, and we’ll capture your content. We strive to get it to you in two business days.
For our various brand content creation services (collectively, the “Service” or“Services”), we operate and maintain an online website (“Site”) as well as ancillary support and hosting services.
KittyKat (“we” or “us”) provides various services to you through both our Site (kittykat.world) and otherwise, which are conditional on your acceptance of these Terms of Service in their entirety. Your acceptance of these Terms of Service is based on your use of the Service and/or registration with us. Suppose you are agreeing to these Terms of Service on behalf of a third-party entity. In that case, you represent and warrant that you have the legal authority to bind that third-party entity to these Terms of Service. Accordingly, all references to “you” in these Terms of Service shall refer to that third-party entity.
These Terms of Service are subject to modification without notice at any moment. Any modifications to these Terms of Service will not be retroactive and will not apply to any disputes or events that occurred prior to the publication of the change. You are responsible for regularly reading these Terms of Service. All visitors and users of our Site and Services are subject to these Terms of Service.
CAREFULLY READ THIS AGREEMENT TO ENSURE THAT YOU UNDERSTAND EVERY PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF INDIVIDUAL ARBITRATION, NOT JURY TRIAL OR CLASS ACTIONS, TO RESOLVE DISPUTES.
You represent and warrant that you are at least 18 years old and fully capable of entering into the terms, conditions, obligations, affirmations, representations, and warranties set out in these Terms of Service, as well as to abide by and comply with these Terms of Service. Please do not use our Site or Service if you are under the age of 18.
By connecting to us using a third-party service (such as Facebook, Twitter, or LinkedIn), you authorize us to access and use your information from that service as permitted by that third-party service, as well as to store your login credentials for that third-party service.
You can use your account (your “Account”) to access some online features of theServices. You’ll need a unique username and password to access your account. You are responsible for keeping your password secure, and you agree not to share it with anyone else. Whether or not you have allowed such activities or actions, you are solely liable for any activities or actions carried out under your username. You agree that the information you give to us (“Customer Data”) during the registration process and at all other times will be true, accurate, current, and complete, and that you will maintain and promptly update the Customer Data to keep it true, accurate, current, and complete.
By registering and/or using this Service, you agree to receive communications from us, including push notifications, as well as third parties, if applicable, regarding our Services, our Site, third-party notifications and/or advertisements, and requests to rate our Site via email, SMS, and/or text messaging.
2. Products; Participants
You may be required to submit samples, products, materials, or other things to KittyKat as part of the Services (your “Products”). You may not provide any unlawful, dangerous, or hazardous Products to KittyKat. You must ensure that all Products you offer (a) conform with all relevant laws, rules, and regulations, and (b) are provided to KittyKat in compliance with all such laws, rules, and regulations. If you submit any Products in contravention of the foregoing, KittyKat may (i) dispose of theProducts, (ii) keep any payments paid by you for Services related to the Products, and (iii) contact appropriate law enforcement authorities, with or without notice.
You retain ownership of your Products at all times. If you ask KittyKat to returnProducts from the shoot, you agree to cover all mailing costs or provide a return shipping label, and you also agree that KittyKat is not responsible for any delays, damage, or loss of such items while in route.
If you request that KittyKat keep your product from the shoot, you agree to pay KittyKat a fee based on the size of your product to maintain it in their storage facility.
If you do not request that KittyKat return the Product from your shoot, or if you do not provide payment or a return mailing label, you accept that KittyKat may donate or dispose of your Products and charge you for any costs or expenditures incurred as a result.
You agree to hold KittyKat, its officers, directors, employees, contractors, and service providers (“KittyKat Parties”) harmless from and against any damage, expense (including reasonable attorney’s fees), penalty, judgment, liability, settlement cost, and any other loss incurred by KittyKat as a result of KittyKat’s storage, return, disposal, or donation of Products.
KittyKat will not be liable to you or any third party for any loss or damage to the Products, regardless of how such loss or damage occurred or whether KittyKat could have prevented such loss or damage.
To the fullest extent permitted by law, you hereby release the KittyKat Parties from and against any and all claims, demands, actions, or proceedings relating to the Products or any loss or damage thereto, on behalf of your affiliates, officers, directors, owners, employees, successors, heirs, and assigns (the “Releasing Parties”). The Client Parties will never commence, institute, or prosecute any lawsuit, action, or other proceeding of any kind against the KittyKat Parties, whether as an action, defense, set-off, cross-complaint, or counterclaim, arising out of or in connection with the Products or any loss or damage thereto.
KittyKat will be solely responsible for shooting all Pictures and Videos in your shoot. KittyKat will only use individuals who are employees of KittyKat or are hired models by KittyKat, with the exception of those purchasing the “About Us” video.
If requested, you may be permitted to use individuals in your “About Us” video shoot that are not supplied by KittyKat (“Participants”). You are solely responsible for yourParticipants. If you are a Participant, you are subject to the Media Release set forth in these Terms of Service. In addition, every other Participant will be required to agree to KittyKat’s current Publicity Consent and Waiver and deemed to have agreed to the terms of this agreement.
4. Payment and Refund Terms
Pricing and Payment Terms:
Unless otherwise agreed you will be required to input payment information if you wish to purchase our Services. Our Site lists current Service prices, which may change from time to time. KittyKat may suspend or restrict your ability to access or use certain Services with or without notice until you have finished and paid for earlierServices.
We utilize a third-party payment processor to process payments for our Services.Before paying for any of our items, you may be required to agree to the terms and conditions of a third-party payment provider.
Prices may change at any time without notice. You shall supply us with correct and complete billing information, such as your legal name, address, phone number, and billing information for your credit card or debit card (as applicable). We reserve the right to terminate your use of the Services and access to the Sites if such information is inaccurate or fraudulent, in addition to seeking any other legal remedies. We are not liable for any costs or expenses (e.g., overdraft fees, credit card limitations exceeded, etc.) incurred as a result of charges billed by us. Unless you challenge a charge in writing within thirty (30) days after the billing date, it will be considered genuine. Charges that are contested more than thirty (30) days after the billing date will not be adjusted. All fees are payable in US dollars and are due on the dates specified on the Sites.
You will be charged a $50 rescheduling fee if your appointment included pro-services.
Our booking fee is non-refundable if you choose to cancel your reservation. If you do not cancel your appointment at least 24 hours before your shoot, your entire booking will be debited to your account.
Our rates do not include any taxes, levies, or duties imposed by taxing authorities, with the exception of GST for Singapore-based clients.
5. Ownership of Developed Content
KittyKat may create certain images, photos, videos, or other content in conjunction with the Services (“Developed Content”). Copyright and other intellectual property laws and regulations safeguard all developed content. The provisions of this apply to all Developed Content unless otherwise agreed in a written agreement between you and KittyKat that expressly references these Terms of Service and expresses a desire to supersede these Terms of Service (in whole or in part) (each a “Separate Agreement”).
Developed Content is licensed and not sold. KittyKat retains ownership of theDeveloped Content and all copyrights and other intellectual property rights therein. KittyKat grants you a worldwide, non-exclusive, perpetual, fully-paid and royalty-free, sublicensable, and transferable license to reproduce, distribute, publicly display, publicly perform, and otherwise use the Developed Content, subject to your compliance with these Terms of Service and payment of all applicable fees for Developed Content.
Note – Developed Content is for Digital Use Only without the expressed agreement and consent of KittyKat.
KittyKat may give you samples for your approval (“Samples”) when generatingDeveloped Content. Watermarks or other similar markings may or may not be present in samples. Samples may only be used to select the Developed Content that you will license, and for no other reason. Any copyright or similar marking encoded, contained, or displayed in conjunction with the Samples may not be removed or modified.
If you violate these Terms of Service, you agree to pay KittyKat the then-current prices for acquiring a license to all of KittyKat’s Samples. You hereby allow KittyKat to charge such amounts to your credit or debit card. You acknowledge that this remedy is in addition to any other KittyKat may have for your misuse of Samples.
6. Responsibility for User Content
You give us permission to access your account and any messages, data, information, text, graphics, audio, video, photographs, or other material (“Materials”) posted/uploaded/transmitted to or through the Service using your Account in connection with the provision of Services or for marketing purposes by using the Service.
We respect the rights of third-party content creators and owners, and we expect you to do so as well. We cannot and do not monitor or endorse the content or Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any content or Materials posted via the Service, whether on the Site or any other electronic format, due to the nature of the Service and the volume of information submitted.
You expressly acknowledge that KittyKat is not responsible for any Materials, whether yours or those of other Service users. We reserve the right, but not the obligation, to remove content from the Service at our sole discretion for any reason, including content or Materials that, in our opinion, violate these Terms of Service or our Acceptable Use Policy below.
7. Copyright Takedown Policy
KittyKat’s policy is to respond to all charges of infringement of intellectual property. The Patents Act 1994 and other applicable intellectual property laws will motivate us to investigate notifications of alleged infringement and take the necessary actions. Notifications of alleged copyright infringement should be addressed to a Service Provider’s Designated Agent. The following Designated Agent for this Site must be notified:
VitaVitae Pte Ltd
65 Pasir Panjang Road
The notification must be in writing and include the following information to be effective:
A person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the allegedly infringed copyrighted work, or a representative list of such works at that site if numerous copyrighted works at a single internet site are covered by a single notification;
Identification of the material that is claimed to be infringing or the subject of infringing conduct and that must be removed or access to which must be denied, as well as information reasonably sufficient to allow the service provider to find the item;
Information reasonably necessary to enable the service provider to contact the complaining party, such as the complaining party’s address, phone number, and, if available, an electronic mail address;
A statement that the complaining party has a good faith belief that the copyright owner, its agent, or the law do not authorize use of the content in the way complained of;
A declaration that the information in the notification is correct, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, under penalty of perjury.
8. Acceptable Use Policy
A partial list of the types of activities that are forbidden on or through the Service is as follows:
- submitting materials that are clearly offensive to the online community, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- engaging in activities or submitting materials that could be harmful to minors;
- harassing or advocating harassment of another person; engaging in activity that involves the transmission of “junk mail” or unsolicited mass email;
- engaging in activity, submitting materials, or promoting information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- submitting materials that contain restricted or password-only access pages, or hidden pages or images; submitting materials that contain pornographic or sexually explicit material of any kind;
- engaging in activities or submitting materials that solicit passwords or personally identifiable information from other users for unlawful purposes;
- submitting materials that contain viruses, trojan horses, worms, or other similar forms of malware;
- engaging in activities or submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- engaging in unauthorized commercial activities and/or sales, such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes, without our prior written approval;
- without our prior written authorization, using any robot, spider, other automatic device, or manual method to monitor, copy, or “scrape” web pages or the content contained in the site, or for any other unauthorized purpose;
- interfering or attempting to interfere with the proper functioning of the service with any device, program, or routine;
- attempting to decompile, reverse engineer, or disassemble any component of the site, service, or apps;
- imposing an unreasonable or disproportionately large load on the service, our hardware and software infrastructure, or the hardware and software infrastructure of any of its licensors or suppliers.
You further agree and represent that you will not use the service for any purpose other than personal use and that you will not use it in violation of the law or these terms of service.
Please use our feedback form to tell us of content that you believe violates these Terms of Service. You acknowledge that by using the Services, you may be exposed to offensive materials as described above. You hereby waive and agree to waive any and all legal or equitable rights, claims, or actions you may have against KittyKat as a result of your exposure to such content.
Forums, blogs, comments areas, bulletin boards, and chat rooms (collectively,“Forums”) may be available through the Service. Any advice, opinion, remark, or information made on these Forums is not guaranteed to be accurate or reliable. Please use your best judgment and respect the other people who use these Forums. Use language that is not profane, abusive, or hurtful. Uploading any copyrighted or other proprietary material to the Service without the express authorization of the material’s owner is illegal and may result in civil and/or criminal consequences. When you submit a message on these Forums, any information you provide may become public. You should not include any information in your posting that you do not want others to see or use, and you agree not to hold us liable for any third-party use of such material. We ask that you only use the Service in accordance with our Acceptable Use Policy to help us create a positive, creative environment where users can exchange and showcase Materials.
You agree to refrain from using rude, obscene, or harassing usernames or Forum titles. We reserve the right, in our sole discretion, to force you to alter your username or the title of your Forum at any time and for any reason, and/or to change it ourselves.
10. Intellectual Property
KittyKat is the owner of the Site, the Services provided by it, and all associated copyrights, trademarks, logos, service marks, patents, and other property rights under law. Without KittyKat’s explicit permission, you may not copy, distribute, modify, or create derivative works of the Services, including the Site.
KittyKat’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by KittyKat, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, disparages or discredits KittyKat, or in any manner that disparages or discredits KittyKat.
Even if the sign is not present, certain content may be protected by copyright. If you are not the original creator of the content, you must obtain permission to use it from the original creator or the copyright holder. If you post anything that belongs to someone other than yourself, you must first seek permission from the content owner shown in the content. Do not utilize any confidential or proprietary information. We accept no responsibility for any disclosure or use of confidential or proprietary information.
All trademarks and/or service marks displayed on the Site are the sole property of their respective owners and may not be utilized without written permission from the owner.
You acknowledge and agree that the Developed Content may contain each Participant’s voice, name, portrait, image, video or photograph acts, likeness, biographical information, or appearance (collectively, “Likeness”). You also acknowledge and accept that the Developed Content may include participant statements about you or your Products (“Statements”).
By participating in a shoot as a Participant, you agree as follows:
You consent to the recording and use of all or a portion of your Statements in and/orin connection with the Samples and Developed Content in all forms and media, including advertising and related promotion, worldwide and in perpetuity. You give up your right to inspect or approve the use of your Statements in connection with the Samples indefinitely.
You authorize the right to record and use your Likeness in and/or in connection with the Samples and Developed Content in all forms and media, including advertising and related promotion, in perpetuity and throughout the world. You give up your right to inspect or approve the use of your likeness in connection with the Samples forever.
You grant us the right to use your full legal name in and/or in connection with the Samples and Developed Content in all forms and media, including advertising and related promotion. You relinquish your right to inspect or approve the Samples’ use of your name.
Furthermore, if you are a business user of the Service, you represent that you are an authorized representative or agent of such business, and that you have the authority to grant KittyKat permission to use your business identity, commercial likeness, or product/service in all forms and media, including advertising and related promotion, worldwide, including web-based publications, without payment or other consideration.
You, on behalf of your successors, heirs, and assigns, release KittyKat, its affiliates, and successors, as well as their respective officers, directors, employees, contractors, and agents, from any and all claims arising out of the use of your name, Statements, Likeness, business identity, commercial likeness, product/service, and/or other similar content in the manner permitted by these Terms of Service, including any claims of defamation, invasion of privacy, or infringement.
You agree to defend, indemnify, and hold KittyKat harmless from any claim, action, or demand arising out of the use of a Participant in a shoot or the releases set out above.
11. Use of Third-Party Services
We may provide connections to websites operated by third parties as part of our Service, but we are not responsible or accountable for any acts or omissions generated or performed by these third parties. These links are provided solely for your convenience and reference. We do not operate or control in any manner any of the information, software, products, or services offered on such websites, and we do not promote or accept any responsibility for third-party websites, services, or products. Our inclusion of a link to a website does not mean that we endorse the services or the site, its contents, or the organization that sponsors it, and you use it at your own risk.
12. Representations, Warranties, and Indemnifications
You hereby represent and warrant that:
(a) you have all necessary authority, rights, and permissions to submit the Materials and grant the licenses described in these Terms of Service;
(b) the Materials are accurate, current, and complete; and
(c) the Materials and your use of the Service will not infringe or misappropriate any third-party copyright, trademark, trade secret, patent, or other intellectual property right; and
(d) the Materials and your use of the Service will not violate any other third-party;
(e) your use of the Service does not conflict with any agreements you have with third parties.
You agree to indemnify, defend, and hold harmless KittyKat, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including reasonable attorneys’ fees, made by any third party due to or arising from or related to:
(a) the Materials you provide or approve for publication,
(b) your use or misuse of the Site or Service,
(c) your use or misuse of the Site or Service,
(d) any infringement of any intellectual property or other right of any person or entity by your content, by you, or by someone using your Account, or
(e) any infringement of any intellectual property or other right of any person or entity by your content, by you, orby someone using your Account. KittyKat reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at its own expense, in which case you will assist with KittyKat in asserting any applicable defenses.
There are times when the information in our Service has errors. Please note that you are using this site at your own risk. Furthermore, we reserve the right to make modifications and updates to the material included there at any time. The service and all related information, software, products, and services are provided “as is.” We and/or our suppliers, partners, and affiliates disclaim any and all warranties of any kind, whether express or implied, as to any matter whatsoever relating to the service and any information, software, products, and services provided herein, including without limitation the implied warranties of merchantability, fitness you are using our service at your own risk. We and/or our suppliers are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of the service or with the delay or inability to use the services, or for any information, software, products or services obtained through us, or the exclusion of implied warranties is prohibited in some jurisdictions, so the above exclusion may not apply to you.
We make no representation that the Services are appropriate or available for use in areas outside of Singapore, and accessing them from territories where their contents are banned is prohibited. You undertake to abide by all export control rules and to be solely responsible for obtaining all necessary export or re-export licenses. You represent and warrant that you are not located in a nation that is subject to a US government embargo or has been classified as a “terrorist supporting” country by the US government, and (ii) you are not on any US government list of prohibited or restricted parties.
14. Limitation of Liability
KittyKat shall not be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility.
In any circumstance, our and our affiliates’ liability to you or any third parties shall not exceed the total sum of $100.00. The above liability limitations are essential elements of the contract between us and you.
You are solely responsible for all backup copies of your image content. KittyKat shall not be responsible for any image content loss or damage.
The exclusion or limitation of liability for consequential or incidental damages is prohibited in some jurisdictions, so the above limitations may not apply to you.We are not liable for any errors or delays caused by you providing an erroneous email address or other technical issues beyond our reasonable control.
We reserve the right to terminate your access to the Service (in whole or in part) in our sole discretion and without prior notice for any reason, including your violation of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of another user’s rights or the law. You may opt-out of receiving future communications from us at any time by sending a written notice to firstname.lastname@example.org. You will be responsible for ensuring that the notice is delivered to us. You can also unsubscribe from our communications by selecting the Email Preferences link or the opt-out link. We are not bound to keep any data or files for more than sixty (60) days after your access to the Service is terminated.
We reserve the right to change, modify, or discontinue any service or a portion or attribute thereof, or the offering of any information, goods, content, product, or service at any time, with or without notice to you. If we modify or discontinue any service or an aspect thereof, we will not be liable to you or any third party.
16. Governing Law; Dispute Resolution
All matters relating to these Terms of Service and the Services will be governed by Singapore law, without regard to conflict of laws principles or the United Nations Convention on the International Sale of Goods.
Any claim or controversy arising out of or relating to your use of our Site or Service, our goods or services, or any acts or omissions of other users for which you contend we are liable, including but not limited to any claim or controversy (“Dispute”), shall be finally and exclusively settled by arbitration in Singapore, from which there shall be no appeal. The arbitration will be conducted by a single arbiter. The arbitrator will be chosen in accordance with AAA rules. The arbitrator will apply Singapore substantive law, with the exception that the International Arbitration (Amendment) Act 2020 will govern the interpretation and execution of this arbitration provision. A party must submit a written demand to initiate the arbitration procedure. Each party is responsible for its own legal fees and charges. Any decision based on the arbitrator’s award may be entered in any court of competent jurisdiction. The arbitrator shall not have the authority to award damages in connection with any Dispute in excess of actual compensatory damages, nor shall the arbitrator be able to multiply actual damages or award consequential, punitive, or exemplary damages, and each party irrevocably waives any claim to such damages. Regardless of the nature of the issues or conflicts involved, the agreement to arbitrate shall not be regarded as an agreement to combine or consolidate arbitration under this Agreement with arbitration of disputes or claims of any non-party.
ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION UNDER THIS AGREEMENT. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AS A RESULT OF THIS AGREEMENT. YOU ALSO WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE BOTH WAIVING THE RIGHT TO PARTICIPATE IN ANY PRETEND CLASS ACTION OR REPRESENTATIVE PROCEEDING AS PLAINTIFFS OR CLASS MEMBERS.
Furthermore, unless both you and us agree otherwise, the arbitrator may not consolidate more than one person’s claims or preside over any type of class or representative proceeding. A neutral arbitrator, not a judge or jury, will determine your rights.
These Terms of Service are the complete agreement between you and us for this Service, and they supersede any earlier written or spoken representations. If any term of these Terms of Service is found to be illegal by a court of competent jurisdiction, the validity of the remaining provisions of these Terms of Service will not be affected, and they will remain in full force and effect. A waiver of any term of these Terms of Service will not be construed as a further or continuing waiver of that term or any other term, and our omission to assert any right or provision under theseTerms of Service will not be construed as a waiver of that right or provision. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS SERVICE MUST BE STARTED WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION OCCURRING. OTHERWISE, SUCH AN ACTION WILL BE FOREVER BARRED. You may not transfer or assign your rights under these Terms of Service, but we may do so without restriction. Any attempted transferor assignment in contravention of this agreement will be null and void. In judicial or administrative proceedings based on or relating to this agreement, a printed version of these Terms of Service and any notice given in electronic form shall be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We reserve all rights not expressly granted herein.
All notices under this agreement must be in writing and sent via email or regular mail. By email, notices to KittyKat should be made to email@example.com or by regular mail, to VitaVitae Pte Ltd, 65 Pasir Panjang Road, Singapore, 118506. Notices to you may be sent to the email address associated with your Account, as well as the address you provided when creating or upgrading your Account. Furthermore, we may send you notices or messages via the Site to tell you of changes to the Site, the Services, or other important information, and such broadcasts will be deemed notice to you. Any notices or communications under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if personally delivered to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email.
KittyKat has the right to change these Terms of Service at any moment. Modifications take effect when you access or use the Services for the first time following the “Last Updated” date at the top of these Terms of Service. After the adjustments take effect, your continuing access to or use of the Services will be regarded as your final acceptance of the new Terms of Service. Do not access or use the Services if you do not agree to the changes.