Kicktone Pty Ltd ("Kicktone") provides, but is not limited to providing, web hosting, ecommerce, social networking, and
file retrieval services (the "Services") for its users based on the following provisions.
1. General Provisions
Kicktone provides its users with infrastructure that enables the sale and distribution of audio and other
files via Kicktone's network. When a file is uploaded, it is made available via the Kicktone website, and may be
downloaded or distributed by anyone authorised by Kicktone to do so.
Kicktone does not claim any additional rights over user-provided content over or above those required to
provide the Services.
By uploading your content to our platform, you enter into an agreement with Kicktone. This agreement allows
Kicktone to distribute your content. You may terminate this agreement at any time by removing your content from the
In the event that you remove your content from the platform, Kicktone will maintain a copy of your content
for a period of two weeks from the date you requested to remove your content, in order to allow any users that have
purchased your content to download a final copy before we remove all copies of your content from our platform permanently.
During this time, no further copies of your content will be sold.
2. Upload Regulations
Users may save any audio file in any format available to them by virtue of their account status at Kicktone
irrespective of the file contents, excluding files the possession and/or circulation of which is illegal, including, but
not limited to: works the download of which violates third party copyrights; instructions to criminal offences.
With regard to users who violate these upload regulations, or for any other reason, Kicktone is entitled to
terminate the contractual relationship without notice, to block the access of the respective users to its services and/or
to delete accounts of such users including all contents.
3. Free Use
Kicktone provides its free users with line and memory capacity at its sole discretion. It is entitled to
temporarily disallow the saving of new files, to determine limitations regarding the maximum possible file size, to have
the download of files only started after a waiting period, to adapt the rate of transmission to the visitor traffic and
to limit the amount of the maximum permissible downloads per file.
Users of the Kicktone infrastructure have the opportunity to directly manage their uploads at their
discretion and at their sole responsibility.
Kicktone will use PayPal as the sole means of distributing payments to users. Kicktone may, in the future, choose to
implement a fee for our Services. Any changes to this payment clause will be communicated to users with no less than 2
weeks prior notice.
5. Availability and Data Security
Kicktone will provide the functions stated under clause 1.1, in principle, 24 hours a day and seven
days a week, however, with no guaranteed availability. There may be time periods in which the servers are not accessible
via the Internet due to technical or other problems which are not within our control (third party fault, force majeure,
Kicktone strives to organise maintenance work as quickly as possible. Kicktone will limit the access to its
service temporarily in the event that the security or the functional capability of the network operations requires it at
Kicktone's discretion. Should such limitations become necessary (for instance in order to defend against attacks),
Kicktone will endeavour to inform its users about the background of this limitation.
Kicktone will inform users via email or adequate notification on the Site about amendments to these Terms
and Conditions before they come into effect. In the event that amendments have been effected to the user's disadvantage,
he/she is entitled to cancel the contractual relationship within a time limit of four weeks as of receipt of the
notification of change. Should the user not make use of his/her right of cancellation, the alterations are presumed to
be accepted and become an effective integral part of the contract.
Should a term of the contract or a provision of these Terms and Conditions be or become entirely or
partially ineffective, this shall not affect the validity of the rest of the contract or the Terms and Conditions. In
lieu of the invalid condition such valid provision shall be incorporated as shall best approximate the actual purpose
of the stipulated condition. The same shall also apply should any omission in the agreement become apparent.
Kicktone maintains full rights to modify their Terms of Service at their discretion. Kicktone will always
provide access to this document and notify users of any changes that occur to this document.
7. Questions Regarding These Terms of Service
If you have any questions or concerns regarding these Terms of Service, you may contact us by email at [email protected]
Last updated March 21, 2014