1. Please Read
We may change these terms so please check from time to time to take note of any changes.
by using our website or services you are deemed to agree to these terms. If you do not agree to any part of these terms you must not use our website or services.
2. About Us
This website and associated services are provided by Musiccloud Partners Limited a company registered in Nigeria with company number RC 1395617
We can be contacted at the following email address email@example.com.
GENERAL TERMS OF CAKETUNES™ WEBSITE USE
3. Content on Our Website
Access to our website is granted free of charge and on a temporary basis.
We do not guarantee that our website or any part of it will always be available or be uninterrupted. We may suspend or change any part of our website without notice and we will not be liable if our website is unavailable.
You are responsible for arranging your own access to the website and any service provider charges that may be incurred.
We will update our website from time to time but please note that any of the content may be out of date and you should not rely on it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
You may link to our website but only in a way that is fair and legal and does not damage our reputation or take advantage of it.
4. CAKETUNES™ Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our website, and in the materials published on it or supplied to you. This includes any software, audio, text, photographs, graphics, videos and any trade marks or brand rights and any other works which are protected by laws and treaties around the world. All of our intellectual property rights are reserved.
Any materials we supply or provide you are for your personal use and should not be distributed or copied without our prior permission. You must not use any part of the content or materials on our website for any purposes without obtaining a license to do so from us or our licensors. Should you wish to exploit any of our or our licensors’ materials in a manner which is not covered by the explicit written license terms on our website, please contact firstname.lastname@example.org.
You must not misuse our website or services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website or services, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
It is important that you protect your device from viruses and malware. We will not accept responsibility for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material on or downloaded from our website, or on any website linked to it.
Should you have any issues with our website or service please contact email@example.com.
CakeTunes is not responsible for any infringing, illegal or offensive Beats or other materials uploaded by Producers or any third parties on our website (Infringing Materials). If you wish to notify us of any Infringing Material please email firstname.lastname@example.org. We are under no obligation to take any action, beyond what is required by any relevant laws or authorities.
BUYING BEATS ON CAKETUNES™
7. Conditions Of SaleCompositions and recordings (Beats) are made available by third parties (Producers) through our platforms. CakeTunes requires all Producers to confirm that the Producer’s Beats do not infringe any third party rights and that they have the necessary permissions to make the Beats available and grant ongoing rights to purchasers.
CakeTunes provide a platform for the Producers to sell their Beats. As a purchaser, your contractual relationship relating is crafted by Musiccloud Partners Ltd and was agreed by every single producer before uploading to the site.
When you purchase Beats, it will be under the conditions and limitations of the license terms stipulated by the relevant by Musiccloud Partners Ltd and agreed by the producer. These terms will be presented prior to completing the purchase of a Beat. If you do not agree to those license terms, you must not purchase that Beat. Any exploitation of Beats by a purchaser which is outside of the license terms will be a potential breach of contract and a potential breach of intellectual property rights, for which you will be liable.
8. Purchaser obligations
We wish to promote an environment where people can share their music and be properly remunerated for their work. By accessing our website, you agree that you shall not breach another party’s intellectual property rights and that you will adhere to the terms of any license agreement.
In the event that in our reasonable belief a party breaches these terms, any Producer license terms or infringes ours or a Producer’s intellectual property rights we reserve the right (without limiting any other rights and remedies) to immediately terminate or suspend your account and share your account details (including personal information) with the relevant rights holder or authorities.
You shall indemnify us against any and all direct and indirect claims, losses, damages, costs and liabilities arising out of any infringement by you or permitted by of a Producer’s rights.
SELLING BEATS ON CAKETUNES™
9. Selling Services
We offer two ways of selling your Beats (Producer Services):
Beat Store - We provide software that enables Producers to create an online store. This gives Producers the tools to sell directly to purchasers.
Marketplace - Producers can make Beats available for purchase via CakeTunes website. There is no obligation to sell through our Marketplace. Producers may remove Beats from our Marketplace by requesting a take down.
10. Intellectual Property Rights
The Producer grants to Musiccloud Partners Ltd a non-exclusive, worldwide, royalty-free, transferable license to copy, edit, store, distribute and otherwise exploit the Producer Materials (defined below) for the purpose of:
• making the Beats available as a stream (i.e. transmit the Beats in a manner that will not result in a reproduction of the Beats being made on a local storage device by a consumer for future use) for the purposes of enabling potential purchasers to preview Beats; • displaying the Producer Materials (excluding Beats) on its Producer Services; and • using the Producer Materials for the promotion and marketing or CakeTunes.
11. Producer Obligations
By uploading Beats and any associated artwork or other materials, including your name, biography and photograph (together Producer Materials) through our Producer Services, Producers warrant and represent that:
• you have the authority and permission to make the Producer Materials available in the manner offered by you;
• the Producer Materials do not infringe the rights of any third party, including any sample owners, writers, artists or musicians;
• the Producer Materials shall not contain or transmit any virus or other harmful matter;
• you will not purchase your own Beats or engage in any other activity to unfairly manipulate the appearance of your Beats listing on the Marketplace or within the CakeTunes charts;
• you will not make copies of the Beat Store or Marketplace or attempt to modify, edit, disassemble, extract code or reverse engineer the same;
• you will display the Beat Store or Marketplace without alteration;
• you will not use the Beat Store or Marketplace for any illegal, unauthorized or offensive purposes;
• you will comply with all laws and regulations relating to the sale of Beats; and
• you shall be responsible for any taxes, levies or duties that are due in respect of the Producer’s use of the Producer Services.
We reserve the right to terminate, suspend or remove any account or content which we believe breaches our terms and conditions, without liability to you. You shall indemnify us against any and all direct and indirect claims, losses, damages, costs and liabilities arising out of any breach by you of these terms.
12. Charges And Royalties
Access to our Producer or Artists Services is provided daily as we charge 30% off every sold beat, 50% off every production contract, 15% off every track or beats distributed to streaming site and shops around the world.
In the event any user hacks into our system and causes a breakdown on our percentage charge or system failure, we may suspend access to the Producer Services until any outstanding charges have been paid in full or server gets back up.
The price of our various transaction charges are advertised on our website. We may change the percentage charge at any time. If we do so, we will send you an email a reasonable time in advance. The change will take effect from the next selling period following the date of the change and you will be deemed to accept the new terms if you do not unsubscribe.
13. Prices, Payment and Fees
Producers can set the sale price of Beats at their discretion. When Beats are purchased, the payment will be paid directly to a Producer’s nominated Bank account within 48 when requested. Musiccloud Partners Ltd will deduct a commission from the price of any purchases of Beats through our Marketplace or store. Our commission will be automatically deducted before any revenue is paid through to the Producer. The Producer will receive the following amounts from each sale through the Marketplace or store.
OTHER SERVICES ON CAKETUNES
Our services may be engaged to supply custom beats, mixing and mastering and album art design. You are able to place an order for any of this services through our website. Once your order has been placed we will send an email, sms or give a call to you to confirm that your order has been accepted and our contract with you will come into force.
The price of the above listed services will be advertised on our website. We aim to deliver and email finished work to you within 5 working days of accepting your order.
If we do not comply with these terms, we shall be responsible for any loss or damage which could obviously be foreseen at the time we provide our services. All other liability is excluded. Nothing in these terms affects your statutory rights.
We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude any liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, fraudulent behaviour or for breach of your legal rights in relation to the products. Where it is not possible to exclude liability, our aggregate liability to you shall be N40,000 (fourty thousand naira).
18. BEAT UPLOAD TERMS & CONDITION
You must refer to the terms and conditions that appear on the beat upload page from the moment of reading legals.