§ 1 Introduction

1. The terms and conditions below govern the contractual relation between audeeyah UG (limited), 13 – 17 Schallstr., Cologne, 50931, Germany (“audeeyah”, “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.audeeyah.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.audeeyah.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, Credit Card and payment on invoice (prior clearance required). Payments on invoice are due within 14 days after receipt.

§ 7 License terms

1. Different licensing models are available comprising the following services and usage rights:

1.1 Personal License
A personal license can be purchased only by a private person.
The scope of a personal license comprises the usage for one private project, such as a holiday video. For a thorough list of eligible projects please click this link.
Detailed information about the license can be found here.
The project may only be published online and in a private environment, e. g. on Youtube or at home. Usage rights are limited to a number of 1000 (one thousand) playbacks of the respective audio. As soon as the number of playbacks has been reached the customer is required to cease the usage of the audio and must purchase a professional license to continue the usage.
Usage is limited to one single project.

1.2 Professional License
The scope of a professional license comprises the usage for all projects, e. g. a commercial project, an explanatory film, a tutorial video, a podcasts etc. For a thorough list of eligible projects please click this link
Detailed information about the license can be found here.
The license entitles to an unlimited number of playbacks. Usage is limited to one single project.

1.3 Creative Commons
Audio files marked with the Creative Commons logo are subject to the license terms Creative Commons Attribution 4.0 International (CC BY 4.0). The scope of usage rights are governed by these conditions accessible under https://creativecommons.org/licenses/by/4.0.
Usage requires appropriate credit to the author and a link to the website of the provider as follows
“Song Title” – Royalty free music from https://audeeyah.com
Licensed under Creative Commons: By Attribution 4.0 International (CC BY 4.0)
http://creativecommons.org/licenses/by/4.0

1.4 Background Music Bundle
Background Music Bundles encompass the offline usage of music in places like gyms, waiting rooms, bars, spas etc. Online-usage and usage for other purposes are not included. A background music bundle may be used in a maximum of one public place (e. g. 1 restaurant, 1 solarium, etc.).

2. Usage rights under (1.1) Personal License, (1.2) Professional 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 info@audeeyah.com.

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. The audeeyah UG retains all ownership rights to the recording.
Uploading projects that use music from audeeyah into a Content-ID-system can lead to false copyright claims. This causes problems for other users or for future projects and therefore constitutes a violation of our license terms.

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.

§ 9 Online-Dispute Resolution

1. The European Commission provides a platform regarding online dispute resolution accessible under: http//ec.europa.eu/consumers/odr

2. audeeyah UG (limited) 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 Cologne, 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
audeeyah UG (limited)
Managing directors: Nikolas Weber, Dominik Weber
13-17 Schallstr.
Cologne, 50931
email: info@audeeyah.com, phone: +49 221 64304905

2. Contract language, storage of the contract

For international customers the language of the contract is English.
The contractual document is sent to the customer´s inbox via email and can be accessed at any time in the customer´s account.

3. Description of goods
A thorough description of the goods can be found on the provider´s internet site

4. Conclusion of contract
The particular steps that lead to a conclusion of contract are the following:

The customer selects a song he wants to purchase usage rights for. By clicking on the button with the note symbol/licensing he is asked to pick a license model (private license or professional license).

From there the customer is forwarded to his shopping cart, where he may pick the license model “background music bundle” by checking the respective check box. By clicking the button “order” the customer gets to the page, where he inputs directions and –if applicable – VAT number. The button “next” takes the customer to the payment screen and he picks a payment method (payment on invoice requires prior clearance). After clicking the button “next” the order is displayed as an overview. The order is finalized by clicking the button “buy now”.

5. Corrections
Before the order is binding the customer can make changes to his order at every stage by means of the usual keyboard and mouse functions. Besides the order can be reviewed in the order overview before it is sent off.

6. Warranty, Customer Service
Legal rights on warranty are stipulated in §§ 434 et seq. BGB (German Civil Code).
Customer Service can be contacted Mondays to Fridays
between 10 a.m. and 17 p.m. CET
email: info@audeeyah.com, phone: +49 221 64304905

7. Right of withdrawal
Consumers have a right to withdraw from the contract in accordance with the information given before an order is placed and contained in the order confirmation email.

The right of withdrawal expires if the provider begins with the performance of the contract after the consumer has expressly consented to the beginning with the performance of the contract prior to expiry of the withdrawal period, and has acknowledged that by his consent, he would lose the right to withdraw from the contract upon the performance of the contract having commenced.

8. Delivery time
Music files will be delivered immediately receipt via download link in the customer account.

LoginTo order a royalty free song license, either log in here or register with us.