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Terms & Conditions (“T&C”) for ‘CloudKid Creators’
Last Update: March 31, 2023
Introduction
These Terms and Conditions explain the extent to which you may use music recordings (“Recordings”) and the music compositions (“Compositions”) contained therein made available to you through this Website (“Cloudkid Creators”).
Provider of this service
This Website with its content is operated by CloudKid GmbH, a registered limited liability company in Berlin, Germany. For further information please check our Imprint (Link: https://cloudkid.com/imprint/)
Right of Use of Music
Provided you fully agree and comply with our Terms and Conditions by using our service, we grant you a temporary non-exclusive right to use and synchronize music from CloudKid Creators in full or parts thereof for your User Generated Content (f.e. audio-visuals/videos) on Platforms as an Independent Creator (“UGC License”).
Under “Platform(s)” we understand online sites primarily indented to host User Generated Content, including without limitation YouTube, Twitch, Facebook, Instagram, Snapchat, TikTok or LinkedIn.
Under “Independent Creator” we understand an individual or small group of individuals (including without limitation, Vloggers, Gamers, Fitness Professionals, Make up Artists, Influencers, Product Reviewers) whose primary activity is the creation of user generated content for your own profile/channel/personal brand and in respect of which you are not receiving any direct and identifiable commercial benefit as a result of the usage of music from CloudKid Creators except ad revenue from the relevant Platforms. Any corporation or organization whose primary activities extend beyond this, will not be seen as an Independent Creator and will need to obtain a different license from us (for this matter please contact us through hello@cloudkid.com).
We can – without any reason – revoke or withdraw this right anytime or change our service at any time without any notice to you and without being legally responsible to you in any way or obliged to grant you any UGC License.
In case you receive a message from us where you are informed and asked to not use corresponding music anymore, you are obliged to immediate take-down your User Generated Content on all Platforms or – as far as it is possible technically – to replace the music you’ve used from CloudKid Creators.
For the avoidance of doubt we hereby expressly reserve all other rights in the use and exploitation of music from CloudKid Creators. Herein and by way of example but without limitation you shall not have the right to:
(a) manufacture or exploit music from CloudKid Creators separately from the User Generated Content;
(b) make any changes, edits or alterations to the music from CloudKid Creators, except for timing purposes but not so as to alter the fundamental character; or
(c) exploit the User Generated Content embodying the music from CloudKid Creators in conjunction with the endorsement of any product or in any media outside of the Platforms.
Only use the music from CloudKid Creators as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely. In case of doubts about the extent of use of music from CloudKid Creators, please check our FAQ or contact.
Removal of Copyright Claims
To get our copyright claim removed from your effected User Generated Content and receive ad revenue respectively, you are solely responsible to fill out the provided form completely while uploading, which will be provided to you after signup.
Our liability
Liability on our part is completely and comprehensively excluded, unless we or one of our vicarious agents cause a legal violation intentionally or through gross negligence. Excluded from this are damages from the breach of a contractual obligation that is essential for achieving the purpose of the contract (cardinal obligation), as well as damages from injury to life, limb or health, for which we are also liable in the case of slight negligence.
In the event that third parties assert copyright claims against you for music used from CloudKid Creators, please contact us immediately: hello@cloudkid.com
Credit and Links to our Site
When using music from CloudKid Creators we ask you to give credits to the Music Artist and Title of the Recordings, and to create a link to us and to – at least but not limited – Spotify and Apple Music where the applicable music you are using from CloudKid Creators is available legally for streaming and/or download.
Change or amendments of this T&C
We can make changes or amendments to this T&C anytime. Therefor please check this website regularly for updates, since these T&C are binding for you.
Intellectual Property Rights
All copyrights of the content you find on this website, including the music, belongs to us or we are the authorized rights holder. CloudKid and CloudKid Creators are our trademarks. Any use of these Intellectual Property Rights is allowed only to the extent defined in this T&C. Otherwise you are not allowed to use any of our copyrights or trademarks. For further license approval please contact: hello@cloudkid.com
Privacy Policy
For more information how we use and process your personal data please check our Data Policy (Link https://cloudkid.com/imprint/).
Applicable Law
Any dispute shall not affect the Parties’ ongoing obligations under this T&C.
The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this T&C or any breach of it.
If disputes or differences of opinion arise in connection with these T&C, the parties undertake to go through a mediation process before recourse to an ordinary court. The mediator shall be appointed by mutual agreement of both parties from the pool of mediators of the Chamber of Commerce and Industry Berlin (“IHK Berlin”) within three weeks after one party has notified the other party of this request in writing and a copy via email (mediation request).
If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to IHK Berlin to appoint a mediator under IHK Berlin Mediation Procedure.
All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.
If the Parties agree on a resolution of the dispute at mediation, the T&C shall be reduced to writing and, once signed by the duly authorized representatives of both Parties, shall be final and binding on them.
If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right at ordinary courts.
Applicable law for all disputes is German law, excluding the UN Convention on Contracts for the International Sale of Goods. The German courts have the only right to hear claims related to the CloudKid Creators.
