Welcome To Kipawa Music
Who We Are
Kipawa Music is an online marketplace of audio and music files, curated by a global community of artists, music producers and sound engineers. When we say ‘we’, ‘us’ or ‘Kipawa Music’ it’s because that’s who we are and we own and run the Kipawa Music sites.
Kipawa Music helps millions of people in the audio and music industry create, produce and generate value from their talent. This talent is expressed by the audio products they sell online on our site. When you create an account on our site and accept these terms you become a member of our community. You will have a Kipawa Music account that will allow you to buy and sell items like the ones found on the Kipawa Music sites and make other related transactions.
Kipawa Music sites are platforms that allow members to buy and sell licenses to use audio items like production music, jingles, sound effects, voiceovers, songs, instrumentals, thematic scores and more. On Kipawa Music, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have a Kipawa Music account, any transactions are logged on your member’s statement, which records the payments made by you to authors via Kipawa Music (as a buyer) and by buyers via Kipawa Music to you (as an author).
The items on Kipawa Music are owned by the authors, not by us. The items on Kipawa Music are uploaded at the direction of the author. We provide the platform services; we do not take ownership of the items.
During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then that’s your decision, however your use of the Kipawa Music platform is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.
Kipawa Music Websites
If you stream or download a preview file from a Kipawa Music site, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from Kipawa Music and not for any other purpose.
Browsing And Membership
You need to be 16 years or over to browse Kipawa Music sites. We don’t knowingly collect any information from anyone aged 16 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Kipawa Music sites whether or not you’re a member.
You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
Kipawa Music Account:
Membership is free. When you become a member you get a Kipawa Music account that is accessible online. Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of Kipawa Music sites that help people get creative. Membership also gives you the opportunity to become an author (see section titled ‘Becoming an Author‘) or earn referral income (see section titled ‘Referrals’).
You promise that information you give us is true, accurate and complete and, if you sign up for a Kipawa Music account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Kipawa Music sites including any activity that occurs in conjunction with your username and password, if you have an Kipawa Music account, so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the Kipawa Music Terms and Conditions carefully.
As a part of our Affiliate Program, if you refer a new member to any of our Kipawa Music sites you may be eligible to receive affiliate income. You can find out more about the Affiliate Program and the terms applying to referrals here.
Pricing Of Items: How It Works
This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Kipawa Music.
What you’re buying:
- Item support: Authors can choose whether or not to support certain items. If an author chooses to support an item, this will be identified on the item page. All supported items include a support period. You can buy support extensions on these items. Your right to access Item Support requires an Kipawa Music account.
To learn more about item support, like what items are covered, what authors provide, the support period and support extension options, see the item support policy.
- Buyer Support Services: Support services come with buyer support services that include fraud protection, buyer guarantee, item quality control and 24/7 support services.
The total price for an item on Kipawa Music is made up of:
- Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
- Buyer Support fee: This is the marketplace fee payable to Kipawa Music.
- Handling fee: Some transactions on Kipawa Music may contain the processing fee for external gateway transaction providers (such as Paypal, Stripe or direct bank transfers) where applicable.
- Taxes: Some transactions on Kipawa Music may be subject to tax from the author’s respective countries. See section below on tax information.
The list price is made up of the item price and buyer fee, and is the price you see on an item page.
Transacting As A Buyer:
If you have a Kipawa Music account, you can make payments by using the ‘Buy Now’ function.
When using Buy Now you will be redirected to a payment method processor. We use Paypal.
Currency conversion costs
You are responsible for all costs of currency conversion relating to a transaction on Kipawa Music. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
This means that you may incur additional costs when purchasing from Kipawa Music, which we have no control over.
Terms of purchase
These are the following terms of purchase:
- You’ve made a ‘best choice’ to the type and kind of audio track and corresponding license you intend to purchase;
- You cannot cancel or request a cancelation of a completed purchase. Once sold, it is sold
- Subsequently, no refund is available once you’ve completed a purchase unless the item is not as marketed on the product page.
- The author/s and Kipawa Music will not be held responsible for the expiry of any item on the Kipawa Music marketplace. Items once purchased should be downloaded as quickly as possible.
- A Non-Exclusive license means one or more buyers may have access to the same item. You therefore take this into account when buying and downloading your intended track.
- The author retains ownership of the item.
- Your relevant details may be provided to the author of the item in order to facilitate the transaction, in this case, invoicing and item support services.
- We have the right to enforce against you the terms of the license that you have acquired from an author.
It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully. Visit our Help Center for articles to do with account limits.
Warranties we make:
- We warrant that the Kipawa Music sites will be suitable for the purposes described on the sites, and that we will provide our platform services with reasonable skill and care.
- We otherwise do not make any express or implied warranties about the Kipawa Music sites (or any items on the Kipawa Music sites sites).
Warranties authors make
The author of an item you buy warrants to you that:
- The item is of acceptable quality and fit for the purpose for which it is ‘sold.’
- The item matches the description given by the author on the item preview page, as well as any item preview.
- Authors will honor any express warranties given to you that are not contained in these terms.
- Authors have the rights necessary to license that item on the terms of applicable license.
- Your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else.
- The item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory.
- The item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading).
- The item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
- If the item is marked as ‘supported’, they will provide you with the services as outlined in the item support policy.
- They will process your data in accordance with applicable privacy law and data protection regulations.
- Taxes. Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated otherwise on our site. You are responsible for paying all such taxes and imposts associated with your use of Kipawa Music wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
Items with an incorrect price or incorrect information
Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
Becoming An Author
If you want to get involved in our community as an author, you can sign up and find out more here. Remember that if you become an author these terms will continue to apply, along with the Author Terms you’ll sign up to as an author.
What We Own
We own all the Kipawa Music content that we have put on Kipawa Music (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Kipawa Music sites, and copyright, trademarks, designs and other intellectual property on Kipawa Music. We own all the trademarks, logos, service marks and trade names on Kipawa Music (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Kipawa Music or use any of our intellectual property in any way not expressly stated in these terms.
What we don’t own
We do not own the items on Kipawa Music; our authors do. Items are uploaded at the direction of the author. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the Kipawa Music do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their item – see section 22 – Warranties authors make.)
Copyright, trademark and intellectual property claims
We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information in our Intellectual Property Policy.
Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on Kipawa Music including copyright and other rights.
Model and property releases
Items are available for commercial use (unless stated otherwise by the Author on an item page). Authors are responsible for obtaining and keeping a model or property release if one is needed; please ask the author directly if you need a copy of a release.
Our Use Of Your Information
We value your information and take reasonable precautions to protect it. While using the Kipawa Music, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Kipawa Music to any other person.
We strongly recommend that you don’t make your contact details public on Kipawa Music or in any public communications via the Kipawa Music sites. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policy and you do so at your risk!
We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or General IPR Notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Kipawa Music and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.
We take great pride in our global and thriving community—it’s part of what makes Kipawa Music great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on Kipawa Music, please read the Community Guidelines, as you agree to follow them as part of these terms.
Linking Procedure And Practise
Linking to Kipawa Music:
We’d be delighted if you decide to link to Kipawa Music from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on Kipawa Music. That includes no “in-line” linking methods resulting in images hosted on Kipawa Music being displayed on other sites. You must not “frame” any Kipawa Music pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Kipawa Music be discontinued, and to revoke your ability to link to the Kipawa Music.
Links from Kipawa Music:
The Kipawa Music sites may contain links to other non-Kipawa Music sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
Third party developers:
We welcome the contribution of our members and broader community, who offer applications that work with Kipawa Music. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.
Eligibility, suspension or termination
Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Kipawa Music complies with these terms and our policies. We can suspend or terminate your Kipawa Music account at any time for any reason (acting reasonably of course), including if you:
- Breach these terms or any terms applicable to any of your other Kipawa Music accounts;
- Breach any of our policies (or policies of any other Kipawa Music Company);
- Act in a way that does not align with the values of our community; or
- Act in a way that could cause us or members harm.
If we do decide to permanently terminate your Kipawa Music account you must not apply for a new account as unfortunately you will no longer be welcome in our community. This decision may also apply to all of your Kipawa Music accounts you use on other Kipawa Music sites.
Blocking a member, disabling an account or refusing to process a payment
We may block you, terminate any of your Kipawa Music accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your Kipawa Music account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations, the Kenyan government, African Union,); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on Kipawa Music using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice and against all of your Kipawa Music accounts you use on other Kipawa Music sites. If required by law we may forfeit existing deposits or earnings.
Relationship between the parties
Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the authors only for the limited purposes of collecting Buy Now payments (see section 46), the authors’ providing warranties to buyers in section 22 – Warranties authors make, to limit authors’ liability to buyers in section 52, and the disclaimer of authors’ liability to buyers in section 55 – Consumer laws.
Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your Kipawa Music account email address.
Changes to Kipawa Music Terms
We may change these terms at any time. If we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Kipawa Music Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Kipawa Music sites after the changes are made, then you will be agreeing to the changes.
Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
We control and operate Kipawa Music from our offices in Kenya. The laws of Kenya govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
- A member who makes items available for sale on Kipawa Music.
- Includes downloading an item that is made available for free on Kipawa Music or that is purchased for you by another member.
- Buy Now:
- A way of purchasing an item using a payment provider (and not using existing Kipawa Music Credits)
- A person who ‘buys’ items on Kipawa Music.
- Buyer fee:
- The fee for the services buyers get from Kipawa Music like 24/7 support, fraud protection, item quality control and other related buyers’ services.
- Kipawa Music Content
- This is all the content that we have put on Kipawa Music and includes the design, compilation, and look and feel of Kipawa Music, and copyright, trademarks, designs and other intellectual property on Kipawa Music (unless otherwise stated and excluding content owned by others like author content).
- Kipawa Music account:
- What you receive when you become a Member which gives you access to any of the Kipawa Music sites.
- Handling fee:
- The fee buyers may pay when using a payment method (other than existing Kipawa Music credits).
- Item price:
- The price buyers pay for the license to use an item, as detailed in section 13(a).
- Item Support:
- The support an author agrees to provide Kipawa Music account holders for an item marked as ‘supported’ as detailed on the item support page.
- Digital goods found on Kipawa Music like music, audio, sound effects, instrumentals, voiceovers, jingles, thematic music, scores and more.
- List price:
- The price you see on an item page on Kipawa Music, which is made up of the item price and buyer fee.
- A person who signs up by creating an account and accepting these terms.
- Member’s Statement
- The record of payments by you to Kipawa Music (as a buyer) and by Kipawa Music to you (as an author)
- Payment method:
- Any payment agent or method we make available on the Kipawa Music.
- Total price:
- The price the buyer will pay in total, which consists of the item price, Kipawa Music’s buyer fee and handling fee (if applicable) and any taxes that may be added, as detailed in section 14.
- Your content:
Everything that you post on the Kipawa Music, or send via the Kipawa Music to other members and to us including items, files, communications and materials.