Terms & Conditions
Please read these terms and conditions before ordering any products or services from our Site.
Please note that all Digital Content is licensed to you and not sold.
This page explains the terms and conditions under which Francesca Rijks (Ceskie) – known as the Creator or Licensor - licenses the products on her websites www.ceskie.com and www.ceskiemusic.com (the Site or the Website) to you, the user, the Licensee.
By ordering any of our products or services you agree to be bound by these terms and conditions. It is a contract between you, the user and me, Francesca Rijks (Ceskie).
All WAV files are 100% owned by the Creator. If a song you produce using these (products) gets placed with a major artist and or major label you are required to clear the usage of the with the Creator and negotiate credits and publishing royalty. (See Below)
The copyright of Francesca Rijks’ (Ceskie’s) products and all sounds, samples, loops, WAV files, arrangements and audio demos, is retained by the Creator, and is licensed to the purchaser (via paid download) for use in commercial and non-commercial music releases.
You, as the Licensee, may use the sounds / music samples in combination with other sounds in music production (which include songs or soundtracks in films, video productions, radio/TV programs or commercials, computer games and multimedia presentations, library music etc.) public performances, and other reasonable musical purposes within musical compositions to produce your own ‘original’ musical releases.
You, as the Licensee are authorized to modify the sounds and use the sounds for commercial purposes as part of a musical composition in combination with other sounds.
If the sound is to be used in a Major Commercial Release, then the Creator retains rights to ownership in the composition and master recording. Major Commercial Release means if the master recording is released and or distributed by a record label or company or and affiliate or subsidiary of a major distributor anywhere in the world (such as but not exclusively Sony, Universal and the Warner Music Group) or an indie distributor which offers national or international distribution and or whose records are distributed by any major or indie record label, company or distribution company. In this instance the Creator must receive credits for that release and receive a negotiated publishing royalty.
You, as the Licensee do not have the right to use the sounds in as isolated sequences in musical works. They must be mixed with additional parts. However if you wish use the sounds in isolation, you must apply to Francesca Rijks / Ceskie in writing for an extension of the licence first.
The sounds must not be used within any competitive products that are sold or re-licensed to third parties. If you wish to use the sounds for these scenarios, you must apply to Francesca Rijks / Ceskie in writing for an extension of the licence.
The contents of these products may not be used (wholly or partly) in the creation of any competitive product; including but not necessarily limited to; Sample Packs, Sample CDs, Sample DVDs, Virtual Instruments, Expansion Packs, Production Music, Library Music, Subscription Services, App Contents (Mobile or otherwise), or in any other collection or service, in any format, or in any product that would involve the re-licensing of Francesca Rijks’s (Ceskie) product copyrights, without her written permission.
You may not re-sell these products or transfer to a third-party as they exist or if modified. You are not authorized to sell, loan, rent, lease, assign, give, donate, upload to or download from any server, or transfer any of the sounds to another user, or for use in any competitive product or to place the samples on a torrent or file sharing network/websites. A purchased license is a single-user license and is strictly non-transferable.
All copying, lending, duplicating, re-selling, renting, uploading, file sharing or unauthorized trading of this content (or any part of this content) is prohibited by international copyright law. Francesca Rijks (Ceskie) will not hesitate to take legal action against any person(s), company or individual(s) who fail to adhere to the terms of this legal agreement.
The Licensor is not liable for the fitness of the sounds for a particular purpose of the Licensee.
All rights not expressly granted to the user are reserved.
2. INFORMATION IN THE PRODUCTS
While all reasonable efforts are taken to ensure that the information is accurate and complete at all times, we make no warranties or representations as to the accuracy or completeness of the products, services or information on our websites and we are not responsible for any errors or omissions or for the results obtained from the use of such information. The information does not constitute any form of advice or recommendation.
3. PRICES AND PAYMENTS
3.1 The copyright of Francesca Rijks’ (Ceskie’s) sounds is retained by the creator and is licensed to the purchaser (via paid download) for use in commercial and non-commercial music releases.
3.2 All prices quoted are unit prices, either in Pound Sterling, Euros or US Dollars. We are not VAT registered. We do not provide price protection or refunds in the event of a price drop or promotion.
3.3 In consideration of your payment to us of the fee for the product, we grant you a non-exclusive licence to download one product and make one copy of the product for your own back-up purposes.
3.4 All payments are made by PayPal or Stripe. Your card will only be debited when the samples files are made available to you to download.
3.5 If the issuer of your card refuses to authorise payment we will not accept your order and will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Francesca Rijks (Ceskie) owns the intellectual property rights in the Website and materials on the Website. Subject to the licence above, all our intellectual property rights are reserved.
4.3 You will not obtain any right, title or interest in these intellectual property rights by purchasing the licence to use the products or by using or exploiting the products on our Site.
4.4 All content included on the Site is protected by international copyright laws. Our status as the authors of material on our Site must always be acknowledged.
4.5 You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us.
5. DOWNLOADING FRANCESCA RIJKS / CESKIE / EVA HUMMINGBIRD SAMPLES / PRODUCTS
5.1 Once your payment has been processed via the Website, the product can be downloaded for a period of one month. After this period has elapsed, we regret that you will be unable to download the product unless we agree in writing.
5.2 We do not warrant that our Website or the servers that make it available will be uninterrupted or error free or that you will be able to access your account to download the product at all times.
5.3 We shall not be liable for any failure of the product to perform if you do not comply with the minimum technical requirements set out on our Website.
5.4 If you are unable to download the product please contact us by e-mail at: email@example.com
5.5 Francesca Rijks / Ceskie reserves the right at its sole discretion to refuse to authorize any download. In that event any payment received will be repaid.
6. MISUSE OF FRANCESCA RIJKS / CESKIE WEBSITES
6.1 You must not misuse our Site 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 Site, the server on which our Site is stored or any other server, computer or database connected to our Site. You must not attack our Site via a denial-of – service attack or a distributed denial- of- service attack.
6.2 It is strictly forbidden to rip, download or copy any audio, visual or any other original content put out on social media by Francesca RIjks / Ceskie or on Francesca Rijks’ / Ceskie websites. Francesa Rijks will not hesitate to take legal action against any person(s), company or individual(s) who copy or use our original material without the appropriate license or written permission.
6.3 In the event of such a breach, your right to use our Site will cease immediately.
7. FRANCESCA RIJKS / CESKIE LIABILITY
7.1 Francesca Rijks / Ceskie’s liability under this agreement shall not exceed the purchase price of the product you purchase.
7.2 Purchasing and downloading our products are undertaken at your own risk. In no circumstances will Francesca Rijks / Ceskie or any of her officers, directors or employees or associates be responsible through any direct, indirect or consequential loss or damage incurred by any user of any of our samples. This includes without limitation, loss of income, data losses, accidents while listening to the content, damages to your audio/computer devices or data stored on them arising from downloads or due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any website linked from/to the Site or for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.3 You agree to indemnify us from all claims, liability, damages and /or costs (including without limitation to legal fees) arising from your use of Francesca Riijks / Ceskie samples.
7.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control.
7.5 Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the Website remains available or that the material on this Website is kept up-to-date.
8. TERMS AND TERMINATION OF LICENCE
8.1 This agreement will continue indefinitely but will cease immediately and automatically if you fail to comply with any of the terms and conditions set out in this agreement. In that case you will have to destroy all material copied or downloaded from our site(s) and confirm to us in writing that you have done so.
8.2 If we fail at any time during the term of a contract to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
8.3 We may transfer, assign, charge, sub-contract or otherwise dispose of this contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
8.4 You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it, without our prior written consent.
9.1 We may revise these Terms and Conditions at any time without prior notice by updating these terms and conditions. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions by which you are bound.
9.2 When using our Site, you accept that all communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website.
10.4 All other questions, comments or enquires should be directed by e-mail to:
10. RETURNS AND CANCELLATIONS POLICY
We offer non-tangible irrevocable goods. The products purchased are not refundable. There are no cancellations of online orders. However, there are cases when the refund can be issued:
- the product was not delivered (mailing issues)
- it was damaged (files corrupted) and we can't provide you with the completely working files
If you are in any doubt as to the suitability of the product you are ordering, please listen to the demos of the product on this Website or Ceskie’s social media (Instagram, Facebook, Tik Tok etc.) @ceskiemusic or contact us directly for more information.
10. GOVERNING LAW
English law will govern contracts for the purchase and sale of the products through the Website. Any dispute arising from, or related to, such contracts shall be subjected to the exclusive jurisdiction of the courts of England and Wales.
11. INFORMATION ABOUT US
Unit 75152, PO Box 6945, London, W1A 6US