This mix is USA Cheer Compliant. Upon completion of your customizations you will receive your final high-res cheer mix accompanied by a completed hard copy of the license agreement below. Please read and accept the following terms to move forward with your order.
END USER LICENSE AGREEMENT
The musical composition covered by this Agreement and delivered to Licensee shall be referred to as the “Licensed Work”. The term “Master Recording” shall mean the final recording used to produce the Licensed Work. The Master Recording embodies all works of authorship, including but not limited to musical compositions, sound recordings, and derivative works based upon musical compositions and sound recordings.
Grant of License. Upon payment of the applicable fee for the Licensed Work, Licensee shall be granted a one-time non-exclusive license to use the Licensed Work for one cheer or dance team production. The license, and the recordings included in such license, shall not be shared with other teams or otherwise used beyond this limited purpose.
Term. The rights granted by the Company to Licensee hereunder shall be for the cheer season commencing April 1, 2017 through and including May 31, 2018 (the “License Term”) for each Licensed Work. Once the License Term expires as of May 31, 2018 this license shall cease.
Scope of Use. Licensee shall have the non-exclusive assignable right, to synchronize and publicly perform the Licensed Work in timed relation with any audio-visual transmissions of such Licensee's cheer or dance performance, in any and all media now known or hereafter devised, (excluding television broadcasts) in perpetuity, throughout the world. Additionally, Licensee and its assigns shall have the non-exclusive right to reproduce up to 40 copies in total of the Licensed Work or any portions thereof exclusively for copies distributed to Licensee's teammates or as reasonably required in connection with performances at cheer events. Licensee acknowledges and agrees that all rights in and to the Licensed Work, whether now known or hereafter in existence, that are not granted to Licensee hereunder are specifically reserved by the Company. Licensee acknowledges that it shall have no right or access to the Master Recording and may only use the Licensed Work in the form of the digital copy provided by the Company as enumerated herein. The Company retains all ownership and rights to the Master Recording and does not hereby grant any right, except the non-exclusive right of the Licensee to use the Licensed Work for cheer or dance performance, competition, practice and other personal, noncommercial uses. Licensee may not reproduce, sell, advertise or commercially exploit, remix (in part or in entirety), sample, alter or modify any of the content created, owned, or controlled by the Company.
Representation & Warranty. The Company warrants and represents that to the best of the Company’s actual knowledge and belief as of the date of this Agreement: (i) the performance of the services and grant of rights hereunder and under this License will not violate or conflict with the terms of any other agreement to which it may be bound; (ii) the performance of the Company's services and the permitted uses of the Licensed Work described herein, will not infringe upon or violate any rights of any kind of any third party; and (iii) the Company is authorized to permit the Licensee to make up to 40 copies of the Licensed Work for the Licensee’s use in connection with the intended purpose of the Licensed Work. The Company will defend, indemnify and hold Licensee, its employees, agents, attorneys, consultants, officers, directors, and assigns, as well as its parent companies, subsidiaries and affiliates harmless from and against any and all third party claims, suits, demands, liabilities, costs, judgments, penalties or expense (including reasonable attorney's fees and court costs) that may be obtained against, imposed upon or suffered by any of them as a result of any breach of any such warranty or representation, arising from or in connection with any uses of the Licensed Work permitted herein or any material breach by the Company of the terms and conditions of this Agreement.
Licensee warrants and represents that: (i) it shall only use the Licensed Work for the purposes set forth herein; (ii) no usage by Licensee shall encourage or be associated with illegal or illicit activities; iii) Licensee agrees not to transfer its right in the Licensed Work to third parties without the express written consent of the Company. Licensee shall indemnify and hold the Company its employees, agents, attorneys, consultants, officers, directors and assigns, as well as its parent companies, subsidiaries and affiliates harmless from any and all damages, liabilities, costs, losses and expenses (including costs and reasonable attorney’s fees) , arising out of or connected with i) any claim, demand or action which is inconsistent with any of the warranties and representations made by Licensee hereunder; ii) Licensee’s breach of any provision of this Agreement; iii) Licensee’s activities or other conduct of its business; iv) the violation by Licensee of any statutory or regulatory obligation; or v) any claim or action for personal injury, death, property damage or other cause of action in connection with Licensee’s activities.
**Creative and stylistic choices are at the discretion of the producer. In any case, we’ll always make musical decisions that are in the client’s best interest and ultimately sound AWESOME!
***If the desired scope of work is more than the customizations selected, FULL OUT will invoice you for 'add-ons' (if applicable).