Terms & Conditions of KAKE Digital Ltd
Effective From: 7th March 2018
KAKE Digital Ltd,
27 St Cuthberts Street,
1 Scope, Definitions and Customer Base
(1) The business relationship between KAKE Digital Ltd (hereinafter “provider“) and the customer (hereinafter “customer“) shall be subject to the valid version of the Terms & Conditions (hereinafter “TC“) at the time of the customer’s purchase.
(2) The validity of the terms and conditions of the customer is hereby expressly prohibited. Terms and Conditions of the customer also do not apply even if the provider does not especially object to their applicability in each individual case.
2 Conclusion of the Contract
(1) Offers on the provider’s website are subject to change and non-binding.
(2) Customer orders are made electronically using the ordering process available on the KAKE Digital Ltd website. The customer is able to choose from the range of KAKE Digital Ltd products. By clicking on the button “Add to cart” which is located next to the respective product, the customer is able to put their chosen product in the so-called shopping cart or “Shopping Cart”. The customer is able to remove individual products from the shopping cart by clicking the symbol for deleting individual items, which is located next to the selected product. The customer is able to change the ordered quantity by editing the box labelled “Quantity” and then to update the shopping cart by clicking the button “Update Cart“. By clicking on the button “Proceed to Checkout” the customer arrives at an order overview or “Checkout” in which they can perform the following steps: firstly, the customer is able to enter their billing address under “Billing Details“, or if they have already created a customer account, they are able to log into this. The customer will have the option to pay via “PayPal” or payment via credit card (MasterCard or Visa). In the order summary, the customer can once again make changes or correct input errors. By clicking on the button “Purchase now”, the customer makes a binding order or a request to buy the products that are in the Shopping Cart. The application may only be submitted and transmitted when the customer has accepted the TC by clicking on the button “I have read and accepted the terms and conditions“.
(3) Concerning the provider’s products which the customer is able to acquire from the website free of charge, the price will be $0.00 Dollars. The customer must not pay a fee at the end of the ordering process with these types of products. Incidentally, the above ordering process is identical with such products.
(4) The customer will, thereupon, receive an automatic confirmation regarding receipt of the order by e-mail to his or her e-mail address. The customer‘s order is shown again in the e-mail and he or she is able to print it. The contract is not concluded with this automatic confirmation of receipt of the order, but only with the sending of the declaration of acceptance by the provider. This will be sent with a separate email as confirmation, or with execution of the download(s). In this email the provider will send the customer the contract text that contains the order, the order confirmation, the TC and the revocation instructions (the so-called contract confirmation), on a durable medium (email or on paper).
(5) The contract text is stored with the provider in compliance with data protection provisions.
(6) The contract language for the conclusion of contracts and communication with the customer is English.
(1) In order to purchase the products located at www.tubesonix.com , the customer is not obligated to register on www.tubesonix.com . Registration is voluntary, free and basically includes the opportunity to view audio, video and billing details and also to download them again. If there is no customer registration during a purchase, subsequent registration licences cannot be credited to the customer if they register at a later date. A purchased licence prior to registration is a closed process. The provider reserves the right to refuse registration to individuals without giving reason.
(2) The customer must protect the assigned access code and password, which was received during registration, from third parties.
Delivery is through the download of digital video or song from the provider‘s website. After conclusion of the sales contract, the customer is sent the confirmation of the contract with a link to the provider’s website where he or she can carry out the download.
5 Retention of Title
The delivered goods remain property of the provider (reserved goods) until full payment of the purchase price.
6 Prices & Payment Methods
(1) The prices include the respective value added tax (VAT), where such arises in accordance with legal regulations.
(2) There are no shipping costs.
(3) The customer can make payment by PayPal, credit card (MasterCard or Visa)
(4) In the event of default by the customer, the provider reserves the right to request statutory interest. The right to lodge a claim for further-reaching damage is not excluded.
7 Technical Requirements & Customer Obligations
(1) The transfer of music and video files is done by way of downloads to store and playback on personal computers (PC) and other storage media of the customer. Thus, the customer requires a suitable online technology and access to the internet. The customer is responsible for obtaining and maintaining the hardware he or she needs as well as the access to public telecommunications networks.
(2) The customer bares the cost of setting up the online connection and the maintenance on the customer side.
(3) The provider is not liable for the security and existence of the data communication between the online operators and the user, which are passed over communication networks of third parties.
(4) For the playing of the music purchased at www.tubesonix.com the customer requires an appropriate media player software (for example, Windows Media Player or VLC Player with the necessary codec).
8 Granting of Rights
(1) The music and video files offered for download are copyrighted. The user is obligated to observe the applicable copyright laws and not to harm them.
(2) The provider grants the customer, after full payment of the purchase price, the simple (non-exclusive), non-transferable right, to use the downloaded digital music and video files.
(1) The music files offered for download on www.tubesonix.com are copyright protected. The user is obliged to observe the applicable copyright laws and not to infringe upon these.
(2) KAKE Digital Ltd grants the customer, after full payment of the purchase price, the simple, non-exclusive, non-transferable right to use the downloaded digital music file(s).
(a) Scope of use
(1) You may use the acquired music as a single license for private and commercial purposes. There is no restriction on usage over time. You have the right to use the pieces of licensed music unbound. Usage examples are detailed below.
- In online streaming (YouTube, Vimeo, Netflix, Hulu, Amazon Prime)
- Websites and social media (Twitter, Facebook, Instagram)
- Web advertising (including as part of pre-roll advertising) and
- In Podcasts
- Corporate videos
- Videos and slide-shows sold to third parties for non-commercial use
- Apps and video games
- TV, film and theatre productions
- Art,culture and trade exhibitions
(b) In principle, the following points are excluded from our licenses, and we reserve the right to take legal action against any violation.
(1) Resale of the music file (standalone), which is not further processed into a final product, for example a video, logo, etc.
(2) Use of the music file in racist, violent video/media, or video/media which violate any human rights.
(3) Sell, transfer, sublicense, share, give away or otherwise assign the recordings or your rights granted hereunder to any other party.
(4) Resell the recording by itself or as part of a package except solely as embodied within your Project.
(5) Resell the recording (or otherwise make it available) in any manner that would enable a third party to download the recording as a separate file, such as in e-card templates or website templates.
(7) Resell the recording (or otherwise make it available) as part of any competing product such as music compilation or music library.
(8) Sell the recording (or otherwise make it available) as, or as part of, your music or as your song, even if it has been transformed or edited, or if you add other instruments or vocals to the music.
claim to be the creator or copyright holder of the recording or of any derivative work created from the recording.
(c) The audio content on www.tubesonix.com is not listed or registered with legitimized state collecting societies, such as ASCAP, PRS, SUISA, ADAMI, AKM, etc. In order to prevent abuse by copyright infringements in terms of audio content, some of the audio content is listed with the company Audium. Audium monitors and controls the music via the YouTube Content ID Database, in order to prevent the unauthorised use on YouTube by unauthorised persons. Thereby, the provider’s titles are submitted to Audium as reference and tested for matches on the platform YouTube. If there is a match, the YouTube user will be informed about a “content-ID-claim” or a “Copyright Notification”. Thus, Audium raises copyright claims and turns on advertising before the video. Any customer, who has lawfully acquired a licence from the provider, can reject any alleged Audium copyright claims by emailing firstname.lastname@example.org with the following information.
YouTube Video Link:
Tubesonix Song Name:
We will then remove the claim in the first instance. It is then possible for the customer to have ad-free or monetization use on YouTube. This process is intended to protect the provider as well as the customer from illegal use of the audio content. Your Youtube account’s standing will not be affected in any way.
10 Refund Policy
(1) All sales on www.tubesonix.com are final. The issue of a refund is always made at the discretion of the KAKE Digital Ltd. All decisions made by the KAKE Digital Ltd are final
(2) KAKE Digital Ltd will refund your full purchase price on orders where:
Your bank / Paypal account was illegally charged (fraud)
The failure to deliver the product is caused solely by KAKE Digital Ltd.
(3) KAKE Digital Ltd does not refund products, which:
Cannot be used by the customer due to hardware limitations
Cannot be used by the customer due to software limitations
Cannot be used by the customer due to insufficient knowledge / know-how
A refund is eligible for 60 days from the date of purchase (found in your Order Confirmation Email).
Contact our support staff at email@example.com if you feel you qualify for a refund.
11 General Provisions
This Agreement shall be governed by and construed according to the laws of England, Wales and Northern Ireland and the parties hereby acquiesce to the jurisdiction of the courts of the judicial district of Bedfordshire, England.
Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the parties. This agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the parties hereto. If any part of this agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this agreement shall remain in full force and effect.