Ksting's Terms & Conditions & Privacy Policy
Overview
KSTING has different Terms & Conditions for Clients and Talents. See below which applies to you.
Terms & Conditions for Clients
These terms and conditions must be accepted prior to any access or use of KSTING’s services. By accessing KSTINGS’s services through its website found at ksting.com or its application, whether through a mobile device, mobile application, computer or other device, You agree to be bound by these terms and conditions (this “Agreement”).
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
a. Binding agreement
Ksting AB, with corporate address at Roslagsgatan 17, 113 55 Stockholm, Sweden (or “KSTING”, “we”, “us”, or “our”) provides and makes available its website located at (the ”Site”) along with the KSTING mobile application (the “App”). The Site and the App and the services provided hereto are jointly referred to as the “Service” or the “Platform” as further described in section 2 below.
You are, for the purposes of this Agreement, considered as a “Client” as defined in section 2 a below. You are also referred to as “You”. Your use of the Service is subject to all terms and conditions contained in this Agreement. When You choose to use the Service You are agreeing to all policies and procedures set in the Service, between You and KSTING. Read this Agreement carefully. By accessing, browsing or otherwise using the Service, You acknowledge that You have understood, read and agree to be bound by this Agreement. If You do not accept all terms and conditions of this Agreement, then You may not access, browse or use the Service.
As further described below, this Agreement limits the remedies available to You in the event of a dispute.
b. Changes to this Agreement. You understand and agree that KSTING may change the terms and conditions of this Agreement at any time without prior notice, provided that KSTING will attempt to provide You with prior notice of any material changes to this Agreement. You may read the current, effective version of this Agreement at any time by selecting the appropriate link on the Service. The revised Agreement will become effective at the time of posting. Any use of the Service after such date will constitute Your acceptance of such revised terms and conditions. If any change to this Agreement is unacceptable to You, Your sole remedy is to cease accessing, browsing and otherwise using the Service. The terms and conditions of this Agreement will govern any updates KSTING provides to You that replace and/or supplement any portion of the Service. Notwithstanding the preceding sentences of this Section 1.b, no revisions to this Agreement will apply to any dispute between You and KSTING that arose prior to the effective date of such revision.
c. Privacy Policy. Your access to and use of the Service is also subject to KSTING’s Privacy Policy, the terms and conditions of which are incorporated herein by reference.
d. Eligibility. The Service is not for persons under the age of 18 or for any users previously suspended or removed from the service by KSTING. If you are using the Service on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (i) are an authorized representative of that Organization; (ii) have the authority to bind that Organization to this Agreement; and (iii) agree to be bound by this Agreement on behalf of that Organization.
e. Representations. You hereby confirm that in using KSTING you are over 18 years of age and that you are acting solely for purposes relating to your trade, business, craft or profession, whether acting personally or through another person or legal entity. Models/Talents (as defined in section 2 a below) are contractors acting for purposes relating to their personal trade, business, craft or profession; they are not necessarily registered as VAT payers in their fiscal domicile. In case Models/Talents are VAT payers with a valid VAT number under Model/Talent’s Terms and conditions they are obliged to disclose such number to KSTING. Models/Talents are anyway responsible for paying their own taxes as your contractors.
2. THE SERVICE
a. Description. The Service - subject to KSTING’s review and validation of Client’s registration data and acceptance of the Client Booking Terms and Conditions (“CBTC”) - allows professionals of fashion, entertainment business, consumer goods and/or similar businesses (“Clients”) to search for and cast fashion model (“Models”) and/or photographers, influencers, stylists, hair stylists, make-up artists or similar talents (“Talents”) for fashion shoots or other jobs. A job booked through the Service is a “Job.” Clients, Model, Talents are collectively, “Users.” All Talents or Models interacting with You through the Service are approved by KSTING and are bound to the “Model Talent Terms and Conditions” (“MTC”) as Model and Talent registered users.
b. Clients. Clients may review and browse photographic portfolios of Models and Talents through the Service. Clients may also use the system of filters to find the most suitable Model/Talent for their Job. If a Client wants to hire a Model or Talent, then the Client may do so following the booking process offered by the Service and if the Talent agrees to do the Job, the Client will pay the Model or Talent through the booking process offered in the Service.
c. Model/Talent. The Model/Talent may accept options, eventual travel arrangements and ultimately accept to be booked for jobs through the Service once requested by a Client for the agreed “Price”, VAT Included, if applicable, plus eventual costs for “travel arrangements” and other specific information. The Model/Talent will be paid for a Job through the Service upon completion of the Job. The Model or Talent may also submit her or his own profile, the requested daily or hourly rate, required travel arrangements and the picture portfolio to the Service.
d. Contractors. KSTING is not a contractor for the services agreed between KSTING Users. Only Users are responsible for the performance and/or fulfilment of agreements they entered with one another; thus KSTING shall not be liable for breaches of such agreements, such as, but not limited to, no shows or late arrivals. KSTING shall not be held liable if Users are unable to contact one another over the Platform regarding such agreements.
3. THE REGISTRATION
a. Log-in credentials. In order to utilize the Service, you must either login through the KSTING website or download the App (if applicable) and register an account with the Service (an “Account”). In both cases to create an Account, You must provide your name and company name, email address, and/or social media account information and certain documentation that helps to verify your identity, such as e.g. a true copy of Your identification card. Submitted data, material and profile will be reviewed by KSTING according to our professionalism standards and requirements at our sole discretion. Upon validation of Your profile You will be validated and able to access the Service’s full features.
b. Account security. You are responsible for maintaining the security and log-in credentials of Your Account, and are fully responsible for all activities that occur through the use of Your credentials. You agree to notify KSTING immediately at security@ksting.com if You suspect or know of any unauthorized use of Your log-in credentials or any other breach of security with respect to Your Account. KSTING will not be liable for any loss or damage arising from unauthorized use of Your credentials prior to You notifying KSTING in writing of such unauthorized use or loss of Your credentials.
c. Membership. Membership for KSTING platform is free. Fees, however, are charged to finalize a booking process between you and a Talent or Model according to the MCBTC provisions. KSTING reserves the right to change this policy at any time without prior notice, and can make the decision to charge for other fees such as additional and/or “premium services”, such as, inter alia, hosting for the photo files, video or other KSTING software and/or technical support in special ways. KSTING reserves the right to define those monies, subscription fees, billing and charges etc.
d. Accuracy of information. In creating an Account, You agree to provide true, accurate, up to date, and complete information as requested in any registration forms required by KSTING, with particular attention to Your fiscal code, tax registration or VAT number. EU Clients VAT numbers will be validated through VIES system. NON-EU Clients may also be required by KSTING to provide evidence of your fiscal domicile or residence in order not to have Swedish VAT applied. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames, permalinks, pictures or video material in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate Your Account if activities occur on Your Account which, in our sole discretion, would or could constitute a breach of this Agreement, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations, including, but not limited to, trademark rights, copyrights, or the rights of privacy or publicity. If messages sent to an e-mail address or a telephone number provided by You are returned as undeliverable, then KSTING reserves the right to terminate Your Account at any time with or without notice to You and without any liability to You or any third party.
We reserve the right to also be able to read Your messages without Your permission or foreknowledge.
e. Acceptance. By completing the registration process for the Service or by merely using the Service, You accept this Agreement on the use of the Service.
4. INTELLECTUAL PROPERTY RIGHTS
a. License. The Service is licensed, not sold, to You for use only in accordance with the terms of this Agreement. KSTING reserves all rights not expressly granted to You. Subject to Your complete and ongoing compliance with the terms and conditions of this Agreement, KSTING hereby grants You a personal, limited, revocable, non-transferable license to access and use the Service solely for the purpose of searching for Models and Talents and booking Jobs.
b. Content. Except for User Materials (as defined below), the content made available on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by KSTING, KSTING’s third party licensors or other third parties (the “Content”). You may not copy, reproduce, upload, republish, transmit, post or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material. You may not modify any materials obtained from the Service unless You have obtained prior express written authorization from the applicable copyright owner. You must obtain permission for all other uses of materials made available on or through the Service from KSTING or the copyright owner in advance and in writing. KSTING solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill.
c. Marks. The trademarks, service marks, and logos of KSTING (the “KSTING Trademarks”) used and displayed on the Service are registered and unregistered trademarks or service marks of KSTING. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the KSTING Trademarks, the “Trademarks”). Nothing on the Service or in this Agreement should be construed as granting, by estoppel, implicitly, or otherwise, any license or right to use any Trademark displayed on this Service without KSTING’s prior express written consent for each individual use. You may not use the Trademarks to disparage KSTING or the applicable third-party, KSTING’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Service without KSTING’s prior express written consent. All goodwill generated from the use of any of KSTING’s Trademark will inure solely to KSTING’s benefit. If You wish to use any of the Trademarks in any manner, contact KSTING at trademarks@ksting.com.
d. Restrictions. You may not sell, transfer, assign, license, sublicense, or modify the Service/Platform, and You may not reproduce, display, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any Content on any other website, application or other media is expressly prohibited. In addition, You also may not attempt to derive the source code of, modify, or create derivative works of the Platform and the App, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law). If You violate any part of this Agreement, then Your right to access and/or use the Content and Service will automatically terminate and You must immediately destroy any copies You have made of the Content.
e. Client’s brand. The Client agrees that KSTING may use your name and brand as a customer reference and may publicly disclose and advertise the fact that you are using KSTING platform and services.
5. JOBS
a. Submitting jobs. Clients may submit Jobs and book Models and Talents through the Service. You represent and warrant that the information you submit about each Job (together, with all other materials submitted by you to the Service, “Client Materials”) is accurate. In addition, KSTING has the right – but not the obligation – in its sole discretion to refuse or delete any Jobs that it reasonably considers to violate this Agreement or be otherwise illegal or inappropriate.
b. Booking jobs. If you wish to book one or more Models or Talents for a Job, you may request an option or a booking request through the Service, which will be offered to the Model or Talent. The Model/s or Talent/s may accept or reject your offer in his or her sole discretion. If one of the Model/Talent accepts an option or request for a booking you may then proceed to finalize the booking for the Job via the Service. When an agreement between you and the Model is reached you will be asked to confirm you have read and approved the CBTC. KSTING will then apply its fees accordingly and You will be required to authorize or perform the agreed payments according to the selected mean of payment.
c. Client’s cancellation. Clients and Models/Talents may cancel Jobs booked through the Service in their sole discretion. The conditions, terms and consequences of JOBs cancellations are ruled by the MTBTC and the CBTC.
d. Rescheduling. In case the Job was booked with a single Model or Talent it is possible to reschedule the job with the prior consent of the booked Model/Talent. The conditions and terms to cancel JOBs are ruled by CBTC.
f. Intervention of KSTING in the booking. If you successfully finalized a booking of a Job through KSTING with a Model or Talent, the persons intervening in this process are you, the Talent/Model and KSTING. KSTING is intervening in the transaction solely for the following scopes::
f.i. To provide, host and maintain a data base of Models and Talents on the Platform for the benefits of the Clients;
f.iii. In case of a sudden cancellation of the booking by the Model KSTING will endeavour to help and assist you in finding a suitable substitution, if you require so.
6. USER MATERIALS
a. License to User Materials. Client Materials, Model Materials and Talent Materials are collectively, "User Materials" and separately “User Material”. By Posting User Materials to the Service, You hereby grant KSTING (and its assignees, designees, successors, licensees, and sub-licensees):
ai. an unrestricted, assignable, sub-licensable, revocable, royalty-free, fully paid up license throughout the world and during the term of the Agreement to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all User Materials You upload to or through the Service through any media and formats.
aii a royalty-free license to use Your name, image, voice, and likeness (and that of any person identifiable in any User Material You post to the Service) made available by or on Your behalf through the Service in conjunction with the rights You grant above.
c. Limited waiver of rights. By posting User Materials to or through the Service, You waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Your posted User Materials, or any portion thereof. To the extent any moral rights are not transferable or assignable, You hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that You may have in or with respect to any User Materials You post to the Service, during the term of the Agreement. You expressly release KSTING and all of KSTING’s agents, partners, subsidiaries, affiliates, licensees, successors, and assignees from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of Your posted User Materials as authorized in the Agreement.
d. Representations and Warranties. With Respect to Your User Materials. Except for materials KSTING provided to you through the Service, you represent, warrant, and covenant that
(i) You either are the sole and exclusive owner of all of Your User Materials that You post to the Service, or You have all rights, licenses, consents, and releases that are necessary to grant to KSTING the rights in Your User Materials as contemplated under the Agreement, and
(ii) neither the User Material You post to the Service nor Your creation of, accessing, or posting of Your User Material or KSTING’s use of Your posted User Materials (or any portion thereof) as permitted in the Agreement will
a) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights,
b) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography or otherwise), or
c) require KSTING to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
e. Prohibition on uploading objectionable content. You agree not to submit materials that:
(i) is or could be interpreted to be infringing, defamatory, libellous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred as KSTING determines in its sole discretion; or
(ii) introduces viruses, time-bombs, worms, cancel bots, trojan horses and/or other harmful or malicious code.
If You encounter any objectionable content on the Service, please email at .
7. MESSAGES
a. Messages. The Service allows Users to send messages (“Messages”) to each other. Sending Messages is a privilege, not a right, and KSTING may terminate such privileges of any User at any time and for any reason, without any liability to such User. Harmful, obscene, or offensive communications are not welcome in any Messages. If a User sends You an objectionable Message, then please notify us by sending an e-mail to . You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message You send. You agree to take reasonable precautions in all interactions with other Users, particularly if You decide to communicate with another User offline or meet them in person. You agree that KSTING may monitor Messages for compliance with these Terms, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sub-licensable, irrevocable license to reproduce and transmit Your Messages in connection with facilitating transmission to the intended recipient through the Service and for such other purpose as KSTING may deem appropriate in its sole discretion.
8. RESTRICTION ON USE OF SERVICE
a. Restrictions. In using the Service, You agree not to:
a.i. take any action that imposes an unreasonable load on the Service’s infrastructure;
a.ii. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service
a.iii. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service;
a.iv. delete or alter any material posted on the Service by KSTING or any other person or entity;
a.v. frame or link to any of the materials or information available on the Service;
a.vi. alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;
a.vii. use any trademarks, service marks, design marks, logos, photographs, or other content belonging to KSTING or obtained from the Service;
a.viii. access, tamper with, or use non-public areas of the Service, KSTING’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of KSTING’s providers;
a.ix. harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including KSTING employees;
a.x. provide any false personal information to KSTING;
a.xi. create a false identity or impersonate another person or entity in any way;
a.xii. create a new account with KSTING without KSTING’s express written consent, if KSTING has previously disabled an account of Yours;
a.xiii. solicit, or attempt to solicit, personal information from other Users;
a.xiv. restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service;
a.xv. use the Service to send emails or other communications to persons who have requested that You not sent them communications;
a.xvi. gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
a.xvii. post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
a.xviii. interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
a.xix. violate any applicable laws or regulations or the terms of this Agreement; or
a.xx. assist or permit any persons in engaging in any of the activities described.
9. EXTERNAL SITES
a. Third parties’ websites. The Site may contain links to third party websites (“External Sites”). KSTING is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect Your computer from viruses and other destructive programs. If You decide to access any External Sites, You do so at Your own risk.
10. FEEDBACK
a. Feedback. We value hearing from our Users, and are always interested in learning about ways we can improve the Service. By providing Your feedback you agree that You are giving up any rights You have in your feedback, such as but not limited to copyrights and other intellectual rights, so that KSTING may use and allow others to use it without any restriction and without any payment to You. You also agree that:
KSTING has no obligation to review, consider, implement or respond to Your feedback, and that Your feedback is provided on a non-confidential basis.
11. USER DISPUTES
In the event of a dispute between Users, all Users shall use their best efforts to resolve such dispute through friendly consultations in accordance with this section. In case a dispute occurs or a Client files a complaint, the Client shall inform KSTING and state the grounds for the dispute or complaint. Once a dispute is opened by the Client, the Model/Talent should respond to the allegations and provide information and evidence that the dispute or complaint has no ground or is incorrect.
In case KSTING finds a complaint proven by the Client, the Client shall no longer be obliged to pay You the agreed booking price and other agreed expenses such as, but not limited to, travel expenses. However, if photographs of the Model or work by the Talent are taken and used commercially, the Client shall be considered as having waived all rights to complaint.
After ten business days from the opening of a dispute or complaint without a settlement between You and the Client, the dispute will automatically be closed by KSTING either with a refund to You or the payment of the booking price to the Model/Talent. Such payment to may be reduced in accordance with KSTING’s decision.
In case a User is unsatisfied with KSTING’s decision, the User may pursue its interests against the other User and KSTING according to the Arbitration Proceeding section below.
12. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement and the Service shall be governed by and construed in accordance with the laws of Sweden without respect to its conflict of laws provisions.
You and any other party on whose behalf You are accessing the Service accept that the exclusive form of dispute resolution, available for You, for all disputes and claims arising out of or relating to this Agreement or the Service shall be arbitration in Sweden in accordance with below. Arbitration uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Please visit for more information about arbitration.
Prior to referring to arbitration, however, the parties shall seek to resolve any dispute, controversy or claim arising out or relating to this Agreement through negotiations. User disputes shall be handled in accordance with section “User disputes” above. If the parties fail to resolve such dispute, controversy or claim within thirty (30) days after such negotiations have been initiated, such dispute, controversy or claim shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “Institute”). Where a Party initiates arbitral proceedings with reference to this arbitration clause, the Institute shall inform all Parties who are bound by the clause. The arbitration shall be settled by a sole arbitrator in accordance with the rules for expedited arbitration of the Institute. The arbitral proceedings shall have seat and take place in Stockholm. The arbitral proceedings shall be conducted in the Swedish. If any party does not master the Swedish language, the arbitral proceedings shall be conducted in the English language.
If the arbitration section of this Agreement is found to be unenforceable, then the entirety of this Section 12 shall be null and void and, in such case, the parties agree that any dispute arising out of or related to this Agreement shall be exclusively governed by Swedish law and the General Courts of Sweden, without giving effect to its conflict of law rules, and passed over to the District Court of Stockholm as first venue.
KSTING shall however, regardless of what is stated above, have the option to refer any dispute to the General Courts of Sweden with the District Court of Stockholm as first venue, instead of seeking or accepting arbitration.
13. LIMITATION OF LIABILITY.
a. KSTING makes no representations or warranties about the Service and the Content, such as but not limited, to the function, reliability, completeness, or reliability thereof, and KSTING will not be subject to any liability therefore. Further KSTING will not be subject to liability for any errors, mistakes or omissions therein, or errors in the data or information stream. You agree that You use the Service and the Content at Your own risk. KSTING does not warrant that the Service will operate error or problem free, or that it will be free of viruses or similar destructive data. The Service and all the Content are provided on an “as is” and “as available” basis without any warranties of any kind. KSTING does not make any warranties or representations regarding any data and/or information provided or made available by any User on KSTING. such as, but not limited to, the truth or accuracy of data provided by any User.
KSTING will in no event be liable for any damages, including indirect damages, such as, inter alia, lost profits, or damages resulting from lost data or business interruption resulting from, KSTING’s liability to You or any third parties in any circumstance is limited to SEK 10,000.
14. THIRD PARTIES DISPUTE.
Any dispute You have with any third party including, without limitation, any other User or any modelling or “mother agency,” is strictly and directly between You and such third party, and You irrevocably release KSTING from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
15. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless the KSTING parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from Your actual or alleged breach of this Agreement or Your access to, use or misuse of the Content or Service. KSTING will provide notice to You of any such claim, suit, or proceeding. KSTING reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting KSTING’s defence of such matter.
16. TERMINATION OF THE AGREEMENT.
a. Account deletion. You may delete Your account with KSTING at any time. Your account data will be stored for 5 years and then deleted.
b. Termination of Agreement. This agreement remains in force until all obligations between parties are fulfilled and/or pending any disputes. Sections 4, 6, 7, 8, 9, 10, 11, 12, 13, 14 – 17 shall survive the termination of this Agreement.
17. CONSENT TO ELECTRONIC COMMUNICATION.
a. Consent to electronic communication. By using the Service, You give Your consent to receive certain electronic communications from the KSTING parties as further described in the Privacy Policy. Please read the Privacy Policy to learn more about Your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. NO WAIVER
Failure of KSTING to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against KSTING unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
19. SEVERABILITY
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
20. HEADINGS
The section headings in this Agreement are provided merely for convenience and will not be given any legal import.
21. NO PARTNERSHIP ETC.
You agree that no joint venture, partnership or agency relationship exists between You and KSTING as a result of this Agreement or use of the Service. You further acknowledge that by submitting User Materials, no confidential, fiduciary, contractually implied or other relationship is created between You and KSTING other than pursuant to this Agreement.
22. NO ASSIGNMENT
You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without KSTING’s prior express written consent. KSTING may assign this Agreement, including all its rights hereunder, without restriction.
23. ENTIRE AGREEMENT
Except as expressly agreed by KSTING and You, this Agreement constitutes the entire agreement between You and KSTING with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
Terms & Conditions for Models & Talents
These terms and conditions must be accepted prior to any access or use of KSTING’s services. By accessing KSTINGS’s services through its website found at ksting.com or its application, whether through a mobile device, mobile application, computer or other device, You agree to be bound by these terms and conditions (this “Agreement”).
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
a. Binding agreement
Ksting AB, with corporate address at Roslagsgatan 17, 113 55 Stockholm, Sweden (or “KSTING”, “we”, “us”, or “our”) provides and makes available its website located at (the ”Site”) along with the KSTING mobile application (the “App”). The Site and the App and the services provided hereto are jointly referred to as the “Service” or the “Platform” as further described in section 2 below.
You are, for the purposes of this Agreement, considered as a being a fashion model (“Model”) and/or a Photographer, Influencer, Stylist, Hair Stylist, Make-up Artist or similar talent (“Talent”) and you are further referred to as “You”. Your use of the Service is subject to all terms and conditions contained in this Agreement. When You choose to use the Service You are agreeing to all policies and procedures set in the Service, between You and KSTING. Read this Agreement carefully. By accessing, browsing or otherwise using the Service, You acknowledge that You have understood, read and agree to be bound by this Agreement. If You do not accept all terms and conditions of this Agreement, then You may not access, browse or use the Service.
As further described below, this Agreement limits the remedies available to You in the event of a dispute.
b. Changes to this Agreement. You understand and agree that KSTING may change the terms and conditions of this Agreement at any time without prior notice, provided that KSTING will attempt to provide You with prior notice of any material changes to this Agreement. You may read the current, effective version of this Agreement at any time by selecting the appropriate link on the Service. The revised Agreement will become effective at the time of posting. Any use of the Service after such date will constitute Your acceptance of such revised terms and conditions. If any change to this Agreement is unacceptable to You, Your sole remedy is to cease accessing, browsing and otherwise using the Service. The terms and conditions of this Agreement will govern any updates KSTING provides to You that replace and/or supplement any portion of the Service. Notwithstanding the preceding sentences of this Section 1.b, no revisions to this Agreement will apply to any dispute between You and KSTING that arose prior to the effective date of such revision.
c. Privacy Policy. Your access to and use of the Service is also subject to KSTING’s, Privacy Policy, the terms and conditions of which are incorporated herein by reference.
d. Eligibility. The Service is not for persons under the age of 18 or for any users previously suspended or removed from the Service by KSTING. If You are under 18 years of age, You must not use or access the Service at any time or in any manner. The Service is intended solely for professional scopes. By using the Service, You affirm that You are at least 18 years of age.
e. Representations. You hereby confirm that in using the Service You are acting solely for purposes relating to Your profession. You are the Client’s (as defined in section 2 a. below) contractor acting for purposes relating to their profession, according to Your jurisdiction in consequence of the incomes You may get. Also, through Jobs agreed through the Service, You may be required to register as VAT payer in Your fiscal domicile. In case You are VAT payer with a valid VAT number You are obliged to disclose such number to KSTING.
YOU ARE RESPONSIBLE FOR PAYING your OWN TAXES AS A DIRECT CONTRACTOR with the Clients and shall comply with tax rules of YOUR own jurisdiction. KSTING advises you to consult a professional in tax matterS in case you do not have enough knowledge on how to comply with your fiscal domicile tax rules.
2. THE SERVICE
a. Description. The Service allows professionals of fashion, entertainment, consumer goods and/or similar businesses (“Clients”) to search for and cast Models or Talents for fashion shoots or other works. A job or work booked through the Service is, for the purposes of this Agreement, a “Job.” Clients, Models, Talents are, for the purposes of this Agreement, collectively referred to as “Users.” All Clients interacting with You through the Service are approved by KSTING and are bound to the “Client’s terms and conditions” as Client-registered Users.
b. Clients. Clients may review photographic portfolios of Models and Talents through the Service. Clients may also use filters to find the most suitable Model/Talent for their Job. If a Client wants to hire You, then the Client may do so through the booking process offered in the Service
c. Model/Talent.
You submit Your profile, requested daily or hourly rate and Your portfolio and other requested information to the Service. You may be contacted by a Client requesting to book You for a specific Job. You decline or accept to be booked for a Job by through the Service.
d. No contractor. KSTING is not a contractor for services agreed between Users. Only Users are responsible for the performance and/or fulfilment of Jobs and/or agreements they entered with one another and KSTING shall not be liable for any breaches of such agreements. KSTING shall not be held liable if Users are unable to contact one another over the Platform regarding such agreements.
3. THE REGISTRATION
a. Log-in credentials. In order to utilize the Service, You must login through the KSTING website and register an account with the Service (an “Account”). In both cases to create an Account, You must provide Your name, email address, and/or social media account information and certain documentation that helps verifying Your identity, such as e.g. a true copy of Your identification card. Submitted data, material and profile will be reviewed by KSTING according to our professionalism standards and requirements at our sole discretion. Upon validation of Your profile You will be validated and able to access the Service’s full features.
b. Account security. You are responsible for maintaining the security and log-in credentials of Your Account, and are fully responsible for all activities that occur through the use of Your credentials. You agree to notify KSTING immediately at security@ksting.com if You suspect or know of any unauthorized use of Your log-in credentials or any other breach of security with respect to Your Account. KSTING will not be liable for any loss or damage arising from unauthorized use of Your credentials prior to You notifying KSTING in writing of such unauthorized use or loss of Your credentials.
c. Membership. Membership for the Service is free. Fees, however, are charged to finalize a booking process between You and a Client according to the Talent’s Booking Terms and Conditions (“TBTC”). KSTING reserves the right to change this policy at any time without prior notice, and can make the decision to charge for other fees such as additional and/or “premium services”, i.e. hosting for the photos, videos or other KSTING software and/or technical support in special ways. KSTING reserves the right to define those monies, subscription fees, billing and charges etc.
d. Accuracy of information. In creating an Account, You agree to provide true, accurate, up to date, and complete information as requested in any registration forms required by KSTING, with particular attention to Your fiscal code, tax registration or VAT number. EU Model VAT numbers will be validated through VIES system. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames, permalinks, pictures or video material in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate Your Account if activities occur on Your Account which, in our sole discretion, would or could constitute a breach of this Agreement, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations, including, but not limited to, trademark rights, copyrights, or the rights of privacy or publicity. If messages sent to an e-mail address or a telephone number provided by You are returned as undeliverable, then KSTING reserves the right to terminate Your Account at any time with or without notice to You and without any liability to You or any third party.
We reserve the right to also be able to read Your messages without Your permission or foreknowledge.
e. Acceptance. By completing the registration process for the Service, You accept this Agreement on the use of the Service.
4. INTELLECTUAL PROPERTY RIGHTS
a. License. The Service is licensed, not sold, to You for use only in accordance with the terms of this Agreement. KSTING reserves all rights not expressly granted to You. Subject to Your complete and ongoing compliance with the terms and conditions of this Agreement, KSTING hereby grants You a personal, limited, revocable, non-transferable license to access and use the Service solely for the purpose of booking Jobs.
b. Content. Except for User Materials (as defined below), the content made available on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by KSTING or KSTING’s third party licensors (the “Content”). You may not copy, reproduce, upload, republish, transmit, post or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material. You may not modify any materials obtained from the Service unless You have obtained prior express written authorization from the applicable copyright owner. You must obtain permission for all other uses of materials made available on or through the Service from KSTING or the copyright owner in advance and in writing. KSTING solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill.
c. Marks. The trademarks, service marks, and logos of KSTING (the “KSTING Trademarks”) used and displayed on the Service are registered and unregistered trademarks or service marks of KSTING. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the KSTING Trademarks, the “Trademarks”). Nothing on the Service or in this Agreement should be construed as granting, by estoppel, implicitly, or otherwise, any license or right to use any Trademark displayed on this Service without KSTING’s prior express written consent for each individual use. You may not use the Trademarks to disparage KSTING or the applicable third-party, KSTING’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Service without KSTING’s prior express written consent. All goodwill generated from the use of any of KSTING’s Trademark will inure solely to KSTING’s benefit. If You wish to use any of the Trademarks in any manner, contact KSTING at .
d. Restrictions. You may not sell, transfer, assign, license, sublicense, or modify the Service/Platform, and You may not reproduce, display, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any Content on any other website, application or other media is expressly prohibited. In addition, You also may not attempt to derive the source code of, modify, or create derivative works of the Platform and the App, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law). If You violate any part of this Agreement, then Your right to access and/or use the Content and Service will automatically terminate and You must immediately destroy any copies You have made of the Content.
5. JOBS
a. Submitting jobs. Clients may submit Jobs and book You through the Service. You represent and warrant that the information You submit about each Job (together, with all other materials submitted by You to the Service, “Model’s Materials”) is accurate. In addition, KSTING has the right – but not the obligation – in its sole discretion to refuse or delete any Jobs that it reasonably considers to violate this Agreement or be otherwise illegal or inappropriate.
b. Booking jobs. A Client may contact You with a non-binding booking request regarding a Job. You may accept or reject such request in your sole discretion. If you accept the request within the requested time period, You and the Client open up an interactive chat on the Platform regarding, e.g. dates, travel arrangements and your total fee for the Job, VAT (if applicable) and all other costs included. Should You and the Client agree on the terms for the Job, the Client will send you a Job booking confirmation which You may accept or reject at Your sole discretion. Upon receipt of Your acceptance of the Job booking, including a confirmation that You have read and approved the TBTC, the booking shall be finalized by the Client via the Service, paying the Client’s dues according to TBTC. Only when such conditions are received by the Service, the booking is confirmed.
c. Cancellation. Clients may cancel Jobs booked through the Service in their sole discretion. The conditions, terms and consequences of Jobs cancellations are ruled by the TBTC.
d. Rescheduling. In case a Job is booked with You it is possible for the booking Client to attempt to reschedule the Job with Your prior consent. At any moment before the Job’s start-date, the Client can set another date for the Job and ask to confirm it with You. If a reschedule agreement is reached the money already charged will be disposed according to the TBTC.
In case You are not available for the proposed rescheduled Job start-date the failed rescheduling attempt shall be deemed to be considered as a Cancellation according to the TBTC provisions.
KSTING strongly encourages the Clients to communicate their needs for rescheduling through the Platform before attempting to reschedule a Job already booked.
e. Model’s cancellation. Cancelling a booked Job without reasonable prior notice to the Client is not a professional behaviour and may have consequences in Your reputation and on feedbacks the Clients may give about You. It may also be a breach of contract between You and the Client and/or of the TBTC. Moreover KSTING may be contractually bound to refund the Client of all those disbursement already made. Each of the KSTING parties reserve the right in their sole discretion to take remedial actions, which may include, without limitation, seeking damages from You and/or prohibiting You from using the Service. KSTING may change the cancellation and rescheduling policies set forth in this section in our sole discretion.
f. Intervention of KSTING in the booking. If You successfully finalized a booking of a Job through KSTING with a Client, the persons intervening in this process are You, the Client and KSTING. KSTING is intervening in the transaction for the following scopes:
f.i. To provide, host and maintain a data base of Models and Talents on the Platform for the benefit of the Clients;
f.ii. To supervise the payment process and assist the Client for correct payments and the Model/Talent for correct billing.
f.iii. The Job agreement is reached between You and the Client, without any recommendation of KSTING. KSTING does not decide on the suitability of a Job. The only persons responsible for such decision are the Client and You. Thus KSTING acts solely as intermediary and is not in any way deemed to be Your agent, agency or representative.
g. Business practices. As mere intermediary between Clients and Models/Talents, KSTING is not imposing any engagement or cooperation rules to Users in their dealings for a certain Job except for this Agreement and the mandatory TBTC. However, in order to avoid misunderstandings, misinterpretations and to minimise the risk of disputes or controversies between Users, KSTING strongly recommends Users in accepting the Job, that both parties prior agree on common and basic “KSTING Business Practices”. You are anyway free to rule Your cooperation with Clients in different terms, but in this case KSTING strongly encourages the party who desires additional or different terms than those specified in KSTING Business Practices to expressly state such terms and having them expressly agreed with Your counterpart.
6. USER MATERIALS
a. License to user materials. By Posting material to the Service, You hereby grant KSTING (and its assignees, designees, successors, licensees, and sub-licensees):
ai. an unrestricted, assignable, sub-licensable, revocable, royalty-free, fully paid up license throughout the world and during the term of the Agreement to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all material You upload to or through the Service through any media and formats.
aii a royalty-free license to use Your name, image, voice, and likeness (and that of any person identifiable in any User Material You post to the Service) made available by or on Your behalf through the Service in conjunction with the rights You grant above.
c. Limited waiver of rights. By posting materials to or through the Service You waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Your posted materials, or any portion thereof. To the extent any moral rights are not transferable or assignable, You hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that You may have in or with respect to any materials You post to the Service, during the term of the Agreement. You expressly release KSTING and all of KSTING’s agents, partners, subsidiaries, affiliates, licensees, successors, and assignees from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of Your posted materials as authorized in the Agreement.
d. Representations and Warranties. With Respect to Your User Materials. Except for materials KSTING provided to You through the Service, You represent, warrant, and covenant that
(i) You either are the sole and exclusive owner of all of Your User Materials that You post to the Service, or You have all rights, licenses, consents, and releases that are necessary to grant to KSTING the rights in Your User Materials as contemplated under the Agreement, and
(ii) neither the material You post to the Service nor Your creation of, accessing, or posting of Your material or KSTING’s use of Your posted materials (or any portion thereof) as permitted in the Agreement will
i) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights,
ii) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography or otherwise), or
iii) require KSTING to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
e. General Representations and Warranties.
By using the Service You represent, warrant and covenant that You are not at any time breaching against any agreement with any third party such as any agency, “mother agency” or any other party.
f. Prohibition on uploading objectionable content. You agree not to submit materials that:
(i) is or could be interpreted to be infringing, defamatory, libellous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred as KSTING determines in its sole discretion; or
(ii) introduces viruses, time-bombs, worms, cancel bots, trojan horses and/or other harmful or malicious code.
If You encounter any objectionable content on the Service, please email at .
7. MESSAGES
a. Messages. The Service allows Users to send messages (“Messages”) to each other. Sending Messages is a privilege, not a right, and KSTING may terminate such privileges of any User at any time and for any reason, without any liability to such User. Harmful, obscene, or offensive communications are not welcome in any Messages. If a User sends You an objectionable Message, then please notify us by sending an e-mail to . You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message You send. You agree to take reasonable precautions in all interactions with other Users, particularly if You decide to communicate with another User offline or meet them in person. You agree that KSTING may monitor Messages for compliance with these Terms, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sub-licensable, irrevocable license to reproduce and transmit Your Messages in connection with facilitating transmission to the intended recipient through the Service and for such other purpose as KSTING may deem appropriate in its sole discretion.
8. RESTRICTION ON USE OF SERVICE
a. Restrictions. In using the Service, You agree not to:
a.i. take any action that imposes an unreasonable load on the Service’s infrastructure;
a.ii. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service
a.iii. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service;
a.iv. delete or alter any material posted on the Service by KSTING or any other person or entity;
a.v. frame or link to any of the materials or information available on the Service;
a.vi. alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;
a.vii. use any trademarks, service marks, design marks, logos, photographs, or other content belonging to KSTING or obtained from the Service;
a.viii. access, tamper with, or use non-public areas of the Service, KSTING’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of KSTING’s providers;
a.ix. harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including KSTING employees;
a.x. provide any false personal information to KSTING;
a.xi. create a false identity or impersonate another person or entity in any way;
a.xii. create a new account with KSTING without KSTING’s express written consent, if KSTING has previously disabled an account of Yours;
a.xiii. solicit, or attempt to solicit, personal information from other Users;
a.xiv. restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service;
a.xv. use the Service to send emails or other communications to persons who have requested that You not sent them communications;
a.xvi. gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
a.xvii. post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
a.xviii. interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
a.xix. violate any applicable laws or regulations or the terms of this Agreement; or
a.xx. assist or permit any persons in engaging in any of the activities described.
9. EXTERNAL SITES
a. Third parties’ websites. The Site may contain links to third party websites (“External Sites”). KSTING is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect Your computer from viruses and other destructive programs. If You decide to access any External Sites, You do so at Your own risk.
10. FEEDBACK
a. Feedback.
We value hearing from our Users, and are always interested in learning about ways we can improve the Service. By providing Your feedback you agree that You are giving up any rights You have in your feedback, such as but not limited to copyrights and other intellectual rights, so that KSTING may use and allow others to use it without any restriction and without any payment to You. You also agree that:
KSTING has no obligation to review, consider, implement or respond to Your feedback, and that Your feedback is provided on a non-confidential basis.
11. USER DISPUTES
In the event of a dispute between Users, all Users shall use their best efforts to resolve such dispute through friendly consultations in accordance with the below section. In case a dispute occurs or a Client files a complaint, the Client shall inform KSTING and state the grounds for the dispute or complaint. Once a dispute is opened by the Client You should respond to the allegations and provide information and evidence that the dispute or complaint has no ground or is incorrect.
In case KSTING finds a complaint proven by the Client, the Client shall no longer be obliged to pay You the agreed booking price and other agreed expenses. However, if photographs of You are taken and used commercially, the Client shall be considered as having waived all rights to complaint.
If You arrive late to the set You shall accordingly be obliged to work longer. If that is not possible, Your daily fee shall be reduced accordingly.
After five business days from the opening of a dispute or complaint without a settlement between You and the Client, the dispute will automatically be closed by KSTING either with a refund to the Client or the payment of the booking price to You. Such payment to You may be reduced in accordance with KSTING’s decision.
In case a User is unsatisfied with KSTING’s decision, the User may in pursue its interests against the other User and KSTING according to the Arbitration Proceeding section below.
12. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement and the Service shall be governed by and construed in accordance with the laws of Sweden without respect to its conflict of laws provisions.
You and any other party on whose behalf You are accessing the Service accept that the exclusive form of dispute resolution, available for You, for all disputes and claims arising out of or relating to this Agreement or the Service shall be arbitration in Sweden in accordance with below. Arbitration uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Please visit for more information about arbitration.
Prior to referring to arbitration, however, the parties shall seek to resolve any dispute, controversy or claim arising out or relating to this Agreement through negotiations. User disputes shall be handled in accordance with section “User disputes” above. If the parties fail to resolve such dispute, controversy or claim within thirty (30) days after such negotiations have been initiated, such dispute, controversy or claim shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “Institute”). Where a Party initiates arbitral proceedings with reference to this arbitration clause, the Institute shall inform all Parties who are bound by the clause. The arbitration shall be settled by a sole arbitrator in accordance with the rules for expedited arbitration of the Institute. The arbitral proceedings shall have seat and take place in Stockholm. The arbitral proceedings shall be conducted in the Swedish. If any party does not master the Swedish language, the arbitral proceedings shall be conducted in the English language.
If the arbitration section of this Agreement is found to be unenforceable, then the entirety of this Section 12 shall be null and void and, in such case, the parties agree that any dispute arising out of or related to this Agreement shall be exclusively governed by Swedish law and the General Courts of Sweden, without giving effect to its conflict of law rules, and passed over to the District Court of Stockholm as first venue.
KSTING shall however, regardless of what is stated above, have the option to refer any dispute to the General Courts of Sweden with the District Court of Stockholm as first venue, instead of seeking or accepting arbitration.
13. LIMITATION OF LIABILITY.
a. KSTING makes no representations or warranties about the Service and the Content, such as but not limited, to the function, reliability, completeness, or reliability thereof, and KSTING will not be subject to any liability therefore. Further KSTING will not be subject to liability for any errors, mistakes or omissions therein, or errors in the data or information stream. You agree that You use the Service and the Content at Your own risk. KSTING does not warrant that the Service will operate error or problem free, or that it will be free of viruses or similar destructive data. The Service and all the Content are provided on an “as is” and “as available” basis without any warranties of any kind. KSTING does not make any warranties or representations regarding any data and/or information provided or made available by any User on KSTING. such as, but not limited to, the truth or accuracy of data provided by any User.
KSTING will in no event be liable for any damages, including indirect damages, such as, inter alia, lost profits, or damages resulting from lost data or business interruption resulting from, KSTING’s liability to You or any third parties in any circumstance is limited to SEK 10,000.
14. THIRD PARTIES DISPUTE.
Any dispute You have with any third party including, without limitation, any other User or any modelling or “mother agency,” is strictly and directly between You and such third party, and You irrevocably release KSTING from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
15. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless the KSTING parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from Your actual or alleged breach of this Agreement or Your access to, use or misuse of the Content or Service. KSTING will provide notice to You of any such claim, suit, or proceeding. KSTING reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting KSTING’s defence of such matter.
16. TERMINATION OF THE AGREEMENT.
a. Account deletion. You may delete Your account with KSTING at any time. Your account data will be stored for 5 years and then deleted.
b. Termination of Agreement. This agreement remains in force until all obligations between parties are fulfilled and/or pending any disputes. Sections 4, 6,7, 8, 9, 10, 11, 12, 13, 14 – 17 shall survive the termination of this Agreement.
17. CONSENT TO ELECTRONIC COMMUNICATION.
a. Consent to electronic communication. By using the Service, You give Your consent to receive certain electronic communications from the KSTING parties as further described in the Privacy Policy. Please read the Privacy Policy to learn more about Your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. NO WAIVER
Failure of KSTING to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against KSTING unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
19. SEVERABILITY
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
20. HEADINGS
The section headings in this Agreement are provided merely for convenience and will not be given any legal import.
21. NO PARTNERSHIP ETC.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and KSTING as a result of this Agreement or use of the Service. You further acknowledge that by submitting User Materials, no confidential, fiduciary, contractually implied or other relationship is created between You and KSTING other than pursuant to this Agreement.
22. NO ASSIGNMENT
You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without KSTING’s prior express written consent. KSTING may assign this Agreement, including all its rights hereunder, without restriction.
23. ENTIRE AGREEMENT
Except as expressly agreed by KSTING and You, this Agreement constitutes the entire agreement between You and KSTING with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
Privacy Policy
This Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to KSTING AB, Grev Turegatan 10. For the purpose of the GDPR, the Company is the Data Controller.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Sweden
Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual. For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Ksting, accessible from https://ksting.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Pictures and profile description
- Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available here
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: What Are Cookies?.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies Type: Session Cookies Administered by: Us Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies Type: Persistent Cookies Administered by: Third-Parties Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
Analytics
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Email Marketing
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Mailchimp Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC. For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/
GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law if You are within the EU, to:
Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
By email: