1 Rights Granted.
You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section 2. You agree not to infringe the rights of the Digital Content’s copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.
3 Explicit Content.
You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.
4 All Sales Final; Downloading and Risk of Loss; Availability of Digital Content.
All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact Naochika customer service. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.
5 Unique Identifiers. The Digital Content may include unique identifiers that are specific to you or your purchase (“Unique Identifiers”).
Information about online dispute resolution
The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
Terms and conditions (Music License)
§ 1 Introduction
1. The terms and conditions below govern the contractual relation between Naochika Sogabe, Ensheimer Str. 70, 66399 Mandelbachtal, Germany (“provider”) and private as well as commercial customers who purchase usage rights on the provider´s website (“customers”).
2. Differing or contrary terms shall not apply except if expressly agreed upon in writing.
§ 2 Applicable law
Any contracts entered into between the provider and the user shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions or mandatory consumer protection laws.
§ 3 Services
The provider offers on his webpage www.naochika.com audio files for download and usage rights to these files (for details please refer to § 7).
§ 4 Conclusion of Contract
1. The offers on www.naochika.com are non-binding, but an invitation to the customer to make a binding order himself.
2. Automatically sent emails that confirm the receiving of an order do not constitute the acceptance of the order.
3. Contracts are binding when expressly confirmed by the provider.
§ 5 Registration
1. In order to purchase audio files and usage rights customers need to register an account.
2. Registering an account requires to specify a correct name and email address.
3. The user is not entitled to have his account activated. Activation of user accounts lies solely within the provider´s discretion.
§ 6 Payments
1. All Payments are made in EURO.
2. Eligible payment methods are PayPal and Credit Card.
§ 7 License terms
1. Different licensing models are available comprising the following services and usage rights:
1.1 Standard License
The standard license allows unlimited, global use of the piece of music for all valid types of projects, such as a promotional video, an explanatory video, a podcast episode, etc. The full list of valid projects is available here. Detailed information about the license can be found here. The project may be published on all media channels, including the internet, TV, movies, radio, trade shows, etc. Use for more than one project is not allowed. The license allows for an unlimited number of retrievals.
1.2 Extended License
The extended license allows unlimited, global use of the piece of music for all types of projects and applications, such as promotional videos, explanatory videos, podcast episodes, etc. The full list of possible projects is available here. Detailed information about the license can be found here. The project may be published on all media channels, including the internet, TV, movies, radio, trade shows, etc. The song may be used for any number of licensee projects. The license allows for an unlimited number of retrievals.
2. Usage rights under (1.1) Standard License, (1.2) Extended License and (1.4) Background Music Bundle are specified as follows:
2.1 The license holder is granted a non-exclusive right of use, not limited in respect of place, time and content subject to the purpose of the contract.
2.2 Usage rights may only be transferred with the provider´s consent. The acquisition of usage rights on behalf of a third party is possible during the online ordering process.
2.3 The following alterations of the original musical works are considered lawful:
cutting, arrangements, transpositions, time stretching, fade out/in, looping, EQing, resonating effect, mastering.
Apart from that alterations require the provider´s consent. Please contact the provider:
Please use the contact form.
2.4 The granting of rights may be revoked at any time until the full payment of the license fees.
2.5 The music may not be used in a context that is not compatible with the law and the constitution of Germany or the European Union. In particular, the use of music is prohibited in projects related to political or religious extremism or glorification of violence.
2.6 It is not allowed to upload your project to AdRev or other content-ID-sevices. Naochika Sogabe retains all ownership rights to the recording.
2.7 The music may not be resold or published “as it is”, even if it has been edited (for example, by adding vocals, adding effects, shortening / lengthening, etc.).
§ 8 Liability
1. The provider is liable according to the statutory provisions, if the customer makes a claim for damages based on intent or gross negligence, including intent or gross negligence of the provider´s representatives or agents. In case of a non intentional breach of contract the liability for damages is limited to foreseeable, typically occurring damage.
2. The provider is liable according to the legal provisions if he culpably infringes any essential contractual obligation; in this case the liability for damages is limited to foreseeable, typically occurring damage.
3. The liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
4. Unless stipulated otherwise above, liability is excluded.
5. The liability of the provider is particularly excluded if the service of the provider (by the customer/user ordered music) of a third person (previous customer/user of the provider) contrary to § 7 no. 2.6 of these General Terms and Conditions of Content-ID Services (e.g., AdRev, Dance all day, Feiyr, etc.) has been uploaded/registered. However, the provider undertakes to cooperate actively in resolving a conflict that may arise and to act against the GTC violation of their previous customer/user.
§ 9 Online-Dispute Resolution
1. The European Commission provides a platform regarding online dispute resolution accessible under: http//ec.europa.eu/consumers/odr
2. audiohub GmbH is neither obliged nor willing to participate in a dispute resolution before a consumer arbitration board.
§ 10 Competent Court
If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business or is a legal entity or special fund organized under public law, the court in Saarbrücken, Germany shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases the provider or the Customer may file suit before any court of competent jurisdiction under applicable law.
§ 11 Miscellaneous
Should single provisions of this contract be or become invalid or void, this shall not affect the remaining provisions of this agreement.
B. Consumer Information
1. Company identity
Ensheimer Str. 70
or please use the contact page.
Tax-number (Germany): 075/375/06926
VAT free acc. §19 UStG (German VAT Act.)
6. Warranty, Customer Service
Legal rights on warranty are stipulated in §§ 434 et seq. BGB (German Civil Code).
7. Power of revocation
Please read the following page:
Power of Revocation