Terms of Service - Official Ross Kemp

Site Terms of Service

Last Updated November 25, 2024

‍PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. By using our Site or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site.

Table of Contents

OfficialRossKemp.com
Personalised Videos Messages
Business Videos Messages
Eligibility
Fees & Payment
Ownership
Privacy
Links
Changes to our Site
Termination and Reservation of Rights
Disclaimers and Limitations on Liability
Waiver of Certain Rights
Changes to these Terms

These terms tell you the rules for using our website OfficialRossKemp.com (our site).

1. Who we are and how to contact us

OfficialRossKemp.com is a site operated by Cempa Clothing Limited (We). We are registered in England and Wales under company number [14646782] and you can contact us via [email protected].

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

1. OfficialRossKemp.com

By creating an account on our Site, you agree to provide true, accurate, current, and complete information. You agree not to create a Site account using a false identity or providing false information or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username and password. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.

2. Personalised Video Messages

Through our Site, you may obtain personalized videos. You may submit a request to us for a Personalised Video Messages that is personalized for you or a third-party that you identify as a recipient (“Recipient”).

You acknowledge and agree that Cempa has sole discretion to determine how to fulfil your request and the content of the Personalised Video message created, and may not follow your request exactly. We reserve the right to reject any request in our sole discretion. We have up to seven days or longer (at our sole discretion) to fulfil or decline your request. We may offer the option to request a Personalised Video Message for fulfilment within a shorter timeframe, such as 24 hours. If such a request is not fulfilled within the described timeframe, we may either (i) issue a refund or credit for the entire booking or (ii) convert the booking to a standard personalised Video message request and issue a refund or credit for the difference in cost between the original booking and the cost of a standard personalised Video message request.
Personalised Videos are licensed, not sold. You are buying the right (or license) to use it, not the actual Personalised Video message itself.
Subject to your payment in full, Cempa hereby grants to you the following limited rights to use the Personalised Video message (other than a Business Personalised Video message) solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that personalised video message in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.

3. Business Personalised video Messages

We may offer Personalised Video messages for the promotion and/or endorsement of a product, service, brand, or business of a single lawfully registered and operating commercial business, not-for-profit, or governmental entity (each, a “Business”), or for internal Business communications, such as employee recognition or a company-wide meeting, conducted and operated by the Business with greater than 100 attendees and/or viewers (each, a “Business Personalised Video message”). Except as noted, each Business Personalised Video is a Personalised Video message under these Terms. When you submit a request for a Business Personalised Video message, you must specifically identify the Business, the types of goods or services that it offers, as well as the specific product, service, or brand that you request us to mention or refer to, and any other requested information. Business Personalised Video message submissions must be written in English.
Subject to these Terms and your payment in full, Cempa hereby grants to you the following limited rights to use the Business Personalised Video message solely for the reasonable promotional purposes of the Business for 15 days (and for any additional periods that have been agreed in writing in advance by Cempa beginning from the earlier of (i) the date the Business Personalised video message is downloaded by you from the Site or, where agreed upon separately between you and Cempa, the date the Business Personalised Video message is first used, reproduced, distributed or publicly displayed by you or the Business and (ii) 30 days after the date that Cempa notified you that the Business Personalised Video message was completed:

an exclusive royalty-free, fully paid, worldwide, sublicensable, irrevocable license to use, reproduce, distribute, edit (solely to the extent expressly permitted in Section 3.b.ii), and publicly display that Business Personalised Video message only on or in an unlimited number of (A) social media platforms, such as Facebook, Instagram, LinkedIn, Snapchat, TikTok, YouTube or Twitter, on accounts wholly owned, operated, and controlled by the Business (each, a “Business Social Media Account”), along with the right to advertise and promote the display of the Business Personalised Video message on the Business Social Media Account through advertising on such social media platform, (B) websites, landing pages, mobile applications owned, operated, and controlled by the Business, communications sent through Business-operated and -controlled channels of communication (such as email blasts or text messages to customers or internal company emails or meetings), and other similar channels owned, operated, and controlled by the Business and approved in advance by Cempa in writing, and (C) online platforms, display networks, and in-app advertising, including through digital demand side platform or advertising network accounts, but specifically excluding, in all cases, television, over the top (OTT), connected television (CTV), Out Of Home (OOH) and similar streaming media.
You may sublicense your rights in a Business Personalised Video message only to the extent necessary for you to use the Business Personalised Video message as permitted under these Terms (for example, posting it on a website or Business Social Media Account as set forth in this section 3.b). You may edit a Business Personalised Video message for length or formatting purposes, or to add your Business name or logo into the video, provided that (A) the resulting video and its use comply with these Terms and (B) the edits do not alter in any way the substantive message of the original Business Personalised Video message or any portion thereof, including any endorsement contained therein. We have the sole discretion to determine whether any given edits comply with this Section.
At the end of the license period, you are not required to archive or delete organic, authorized posts made on a Business Social Media Account, provided that you do not, nor will you authorize or encourage any third-party to, pin, repost, link-to, boost with paid spend, or otherwise promote any such organic post containing the Business Personalised Video message in any manner or re-order such organic post in a non-chronological manner. All other retention, use, reproduction, distribution and display of the Business Personalised Video message must end entirely and immediately upon completion of the license period. No other use is authorized under these Terms. To request other uses (for example, additional time, use on additional channels, contact us at [email protected]
Business Personalised Video messages Representations and Warranties: You represent and warrant that:

the Business is lawfully registered and operating;
any information provided to us is factually correct and not misleading and is not disparaging or defamatory;
you and the Business will comply with all applicable laws, rules, and regulations, including those that may require adding an appropriate hashtag (including, for example, #ad, #sponsored) or other disclosure in connection with the use of the Business Personalised Video message to identify it as a commercial endorsement.
Indemnification: In connection with any Business Personalised Video message you agree to indemnify, defend, and hold harmless Cempa from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable legal fees and costs) of any kind or nature arising from any third-party claim in connection with or relating to: (i) your Submissions; (ii) your breach of these Terms; (iii) your use of the Business Personalised Video message in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials other than the Business Personalised Video message provided by Cempa; or (iv) the sale, license, supply or provision of your goods or services or any other operations of the Business (including, without limitation, personal injury, death, or product liability suits and claims.

4 Eligibility

Age: You must be at least 18 years old to use our Site.
You will not use the Site or any product or service to promote or solicit contributions on behalf of your candidacy for public office, the candidacy of another person seeking public office, any political party or political committee, or any other person or organization promoting or soliciting contributions on behalf of any candidate for public office or political party.

5. Fees and Payment

Fees: The fee for a Personalised Video message or other offering is specified on the booking page on our Site when you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request or purchase merchandise, including any applicable service, transaction, or processing fees.
Currency: Transactions are settled in sterling (“£”).
Website: By providing your payment information, you agree that we may place a pre-authorization hold and, after your request has been fulfilled, authorize the payment provider to immediately charge you for all amounts due and payable with no additional notice to or consent from you.
We reserve the right (but are under no obligation) to cancel your request for any Personalised Video message or other offering if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our Site for any reason. We also reserve the right at any time to change our fees and payment procedures, including our payment options and terms, either immediately upon posting on our Site or by other notice to you.

6. Ownership

You acknowledge and agree that each Personalised Video message or other offering from Cempa is owned by Cempa.
You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable, perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, and create derivative works (for example, translations, adaptations, compilations, excerpts, or modifications).
You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. Cempa will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party. You agree to indemnify, defend, and hold harmless Cempa from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable legal fees and costs) of any kind or nature arising from any third-party claim in connection with or relating to: (i) your Submissions; (ii) your breach of these Terms; (iii) your use of the) Personalised Video message in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials other than the Business Personalised Video message provided by Cempa; or (iv) the sale, license, supply or provision of your goods or services or any other operations of the Business (including, without limitation, personal injury, death, or product liability suits and claims) (v) any claim by a third party relating to the personal information provided by you for the purpose of the Personalised Video message.
We may, for any reason, refuse to accept or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you or take other appropriate action in our sole discretion for violation of these Terms.

7. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy.

8. Links

Our Site may contain links to social media platforms or third-party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it.

9. Changes to our Site

You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.

10. Termination and Reservation of Rights

You may cancel your Site account at any time by contacting a member of the Cempa team at [email protected]. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminate.

11. Disclaimers and Limitations on Liability

You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including any Personalised Video message, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through a Personalised Video message, will create any warranty not expressly made by us.
To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will we be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not we have been advised of the possibility of such damages.

12. Waiver of Certain Rights

No Jury Trial: You and Cempa each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Cempa relating to these Terms or our Site (each a “Claim,” and collectively, “Claims”).
LIMITATIONS: This section 17 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, and the right to certain remedies and forms of relief.

13. Changes to these Terms

We may change these Terms. If we do, we will post the revised Terms on our Site and update the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.

From time to time, we may change these Additional Terms. If we do, we will give you notice by posting them on our Site and updating the “Last Updated” date. The revised Additional Terms will be effective immediately. By using or continuing to use this product or service, you represent and warrant that you have read, understand, and agree to these Additional Terms.

Submissions.

You are responsible for your Submission.
You represent and warrant that, in connection with the Submission or otherwise, you will not:

1.provide any false, deceptive, or misleading information, including as to your identity, the identity of any Recipient, and the identity of anyone mentioned in your Submission;

2.attempt to deceive, mislead, or induce Cempa into making any false, misleading, defamatory, or untrue statements;

3.impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

4.violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or “droit moral,” or other legal rights of any third party; or

5.communicate anything that is, or that incites or encourages action that is, explicitly or implicitly illegal, abusive, harassing, intimidating, threatening, violent, hateful, racist, disparaging, defamatory, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity).