Welcome to Kaikana!

Kaikana is owned and operated by KINETICPLAY LLC.

These are the terms and conditions for:

• https://kaikanamusicals.com

By using the website and purchasing products available on the website, you agree to be bound by these terms and conditions, the privacy policy, the cookie policy, the shipping policy and the refund policy. In these terms and conditions, the words “website” refers to the Kaikana website, “we”, “us”, “our” and “Kaikana” refers to Kaikana and “user”, “customer”, “you” and “your” refers to you, the user and customer of Kaikana.

The following terms and conditions apply to the website, products and services offered by Kaikana. This includes the mobile and tablet versions as well as any other version of Kaikana accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.

1. ELIGIBLITY

You may use the website and purchase the products only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

Access to the website and purchase of products are available to all ages. It is the responsibility of parents or legal guardians to determine whether the content and products are appropriate for their children or minors in their care. 

By using the website and purchase the products, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.

You represent and warrant that your use of the website does not violate any applicable law or regulation. Kaikana may, in its sole discretion, refuse to offer the website and products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

2. NOTIFICATIONS AND NEWSLETTER

By providing Kaikana with your email address, you agree that we may use your email address to send you notifications about the status of your order, important communications about our products, news and special content. If you do not wish to receive these emails, you may opt out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the emails. This option may prevent you from receiving emails about updates to your order, news and special content.

3. ACCOUNT

Users may register on the website. When registering on the website, the user must choose a password and may be asked for additional information, such as name and e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kaikana of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user’s account without prior authorization from Kaikana. Kaikana will not be liable for any loss or damage arising from your breach of this agreement.

Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Kaikana.

Kaikana reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Kaikana believes that you have violated any of these terms and conditions.

4. ORDERS

Before placing an order, please note that the musicals will be available exclusively for purchase by companies and organizations, including accredited schools, drama schools, camps, among others. Individuals will not be permitted to purchase.

When you place an order, you offer to buy the products for the price advertised and indicated on the website at the time of purchase. Check the features and contents of the package before placing an order. Please note that we do not sell parts or contents separately.

All our products and the contents included in them are fully digital and downloadable. No physical products are shipped. The customer will be able to download the musical in English or Spanish. Customers can select their preferred language for product downloads by adjusting the language settings on the website using the language selector. This enables them to choose the desired language for the product.

Once the order is placed and the payment process is completed, all the materials will be sent to the email address provided during checkout. Licenses will be sent in a separate email within a maximum period of 24-48 hours.

Kaikana may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an order is cancelled by Kaikana, any payment made for the products will be refunded in full. This does not affect your statutory rights. All new orders are considered separately and are treated individually.

5. PRICES

Kaikana reserves the right to determine the price of the products. Product prices will be available on each product page. Product prices are subject to change at any time.

Kaikana will use reasonable efforts to keep the pricing information posted on the website up to date. We encourage you to periodically check our website for updated pricing information.

We will always try to ensure that the prices on the website are accurate. However, from time to time some pricing errors may occur, including, but not limited to, human, mechanical or similar errors. In the event an error in pricing is discovered, the customer will be informed of such error. The user will be given the option to reconfirm the order at the correct price. The user also has the option to cancel the order in the event the user is not satisfied with the correct price.

6. PAYMENTS

Products will be paid through the following payment methods:

• Credit/debit card (Visa, Mastercard, Discover, Amex, Diners, etc.)

The customer must pay the price of the product stipulated in the order before the product can be downloaded by the customer. The payment will be charged to the payment method selected by the customer immediately after placing the order for the corresponding product. Once the transaction is processed and the payment process is complete, the customer will receive an email with instructions on how to download the contents of the product. This email will also contain an electronic receipt of the transaction.

If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment processor.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.

Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. Kaikana reserves the right to contract any payment platform available in the market.

7. DISCOUNT CODES

You can only use one discount code per order. Kaikana reserves the right to refuse or cancel any order where multiple discount codes are added to the shopping cart. The use of discount codes is subject to the specific terms and conditions under which they were issued, which may include eligibility requirements and a maximum order value. In the event of a conflict between the terms and conditions of a promotion and these terms and conditions, the terms and conditions of the promotion shall prevail.

8. REFUND POLICY

Due to the unique nature of our digital products, it is important to understand our refund policies before making a purchase.

Once a product purchase has been completed, no refunds will be offered. This is because digital products are irrevocable and cannot be refunded once access or download of the product has been granted.

Immediately after placing your order, you will receive an email with detailed instructions on how to download the content of the purchased product. Since access to the product is instantaneous, we are unable to offer refunds once you have completed your order.

In exceptional circumstances, where there is evidence of a technical failure or error on our part that prevents access or proper download of the product, we will evaluate the situation on a case-by-case basis to determine the possibility of a refund.

If you have any questions about our refund policy or encounter problems with the product or the download of the product, please contact us immediately. We are committed to providing quality service and will address your situation in a timely manner.

9. LICENSE OF USE

The license to use the purchased music product has a duration of one (1) year. The client has the option to select the start date of this license during the purchase process. The one-year period starts from the date selected by the client.

Once the license has expired, the client may renew by contacting Kaikana at [email protected]. The license renewal fee for an additional year is $130. Clients are encouraged to communicate this in advance to avoid interruptions in the use of the material.

The purchase of this product grants the client a recording license that allows them to record their own productions, make copies of these recordings and distribute them on social networks. It is imperative that the client include an attribution to “Kaikana Musicals” and a link to kaikanamusicals.com in the description of each video. However, direct monetization of these videos on any digital platform is not allowed.

In addition, with the purchase, the client obtains a license to make the necessary photocopies of the script, sheet music, and lyrics associated with the musical. The content of the musicals, including the script, songs and lyrics, may be adapted by the client, provided that Kaikana is acknowledged and credited accordingly. The sale of this material is strictly prohibited. These copies are solely intended for internal use and may be utilized exclusively by members of the cast and the organization.

The musicals will be available exclusively for purchase by entities and organizations, including accredited schools, drama schools, camps, among others. No purchase by private individuals will be permitted. Once the musical is purchased and in possession of a license valid for one year, the company or organization will be free to present the musical to the public of their choice, as many times as they wish, and may even market tickets for these performances, on the condition that the production is credited to ‘Kaikana Musicals.

These licenses will be sent in a separate email within a maximum period of 24-48 hours after the order is completed.

All materials provided by Kaikana are protected by copyright. Any use outside the terms of this license may result in legal action.

10. MUSICALS COPYRIGHT

All musicals, including but not limited to musical compositions, lyrics, scripts, choreography, designs and related materials, are the exclusive intellectual property of Kaikana and/or its licensors. These materials are protected by national and international copyright laws.

By purchasing a musical from Kaikana, the client obtains a limited, non-exclusive, non-transferable license to use the musical according to the terms and authorized uses set forth in the license of use. This license does not imply the transfer of copyright.

Any use of the materials provided by Kaikana that violates the terms included in the license of use will be considered a violation of copyright and may result in legal action, including claims for damages.

If third parties are interested in using any part of the material of the musicals, they should contact Kaikana to obtain the corresponding license of use.

Kaikana’s copyrights in the musicals are effective from the creation of the work and for the period of time established by applicable copyright law.

11. FILE AND CONTENT SHARING

When obtaining a product (musicals) through the website, it is important to adhere to copyright laws, which prevent sharing the content included in the product, both in physical and digital format, with other institutions. These resources are designed to be used exclusively within your educational institution or organization, limiting their use to affiliated members (teachers and students). In cases where the purchasing institution belongs to a group of schools or a trust, the use of the material is restricted to the purchasing entity only. The other schools in the ensemble or trust must obtain their own license to make representations. When an educational trust is purchasing on behalf of a specific school, it is necessary to indicate the name of the school on the order documentation and to ensure that the material is not shared or used by other schools. Failure to comply with these rules, such as sharing material between different schools, even within the same educational consortium, will result in corrective action for copyright infringement.

12. LIMITATION OF LIABILITY

Musical theater productions (musicals) provided by Kaikana are intended solely for preparation and performance by students of the licensing institution. Any other use of the material, including but not limited to the reproduction, distribution or sale or any use not set forth in the product license is strictly prohibited.

Kaikana shall not be liable for direct, indirect, incidental, special, consequential or punitive damages resulting from the use or inability to use the materials provided. This includes, but is not limited to, injury, loss or damage incurred during the preparation, rehearsal or performance of musical theater productions.

The institution or customer licensing the productions assumes all responsibility for the proper and safe supervision of students during all activities related to the preparation and performance of musicals. This includes ensuring that all rehearsals and performances are conducted in a safe environment and that all activities comply with local laws and regulations.

The customer agrees to indemnify and hold Kaikana harmless against any claim, loss, damage, liability, cost or expense (including legal fees) arising directly or indirectly from the use of the materials or performance of the productions.

13. WEBSITE COPYRIGHT

All materials on the website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Kaikana or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on the website are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Kaikana prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Kaikana or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.

14. COPYRIGHT COMPLAINTS

Kaikana will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Kaikana respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information: 

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
• A statement specifically identifying the location of the infringing material, with enough detail that Kaikana may find it on the website.  
• Your name, address, telephone number and e-mail address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

15. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to Kaikana by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website. In addition, the following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any part of our website for any purpose without our express written permission.
• “Frame”, “mirror” or otherwise incorporate any part of the website into any other website or service without our prior written permission.
• Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Kaikana.
• Evade, disable or otherwise interfere with security-related features of the website or features which prevent or restrict the use or copying of any content.

16. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet Kaikana provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Kaikana for any loss or damage caused as a result.

Kaikana shall not be liable for any amount for any failure to perform any obligation hereunder if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or force majeure.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Kaikana excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Kaikana and Kaikana shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the website.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product purchased through the website.
• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Kaikana.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

17. THIRD PARTIES

Through your use of the website and services you may encounter links to third party websites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Kaikana provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Kaikana are in no way responsible or liable for any such third-party sites.

18. INDEMNIFICATION

You agree to defend and indemnify Kaikana and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your purchase of the products.

19. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Kaikana for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

20. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

21. PERSONAL DATA

Any personal information you submit in connection with the purchase of products will be used in accordance with our privacy policy. Please refer to our privacy policy.

22. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Kaikana, shall constitute the entire agreement between you and Kaikana concerning and governs your use of the website.

23. DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to the breach, termination, enforcement, interpretation or validity of these terms or the use of the website and purchase of the products shall be resolved by binding arbitration between you and Kaikana, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event a dispute arises in connection with the products offered through the website or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and purchase of products.

The courts of Madrid, Spain shall have jurisdiction over any dispute, controversy or claim relating to Kaikana and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Madrid, Spain.

24. FINAL PROVISIONS

These terms and conditions are governed by the laws of the United States and Spain (including European Union law). Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms.

Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website, your purchase of products on our website, or information provided to or collected by us in connection with your use of the website and purchase of products.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

25. CONTACT INFORMATION

If you have questions or concerns about these terms or the products, please contact us through our contact page or via the contact information below:

Kaikana.

Email: [email protected]