The use of services from Licks and Kicks Music, LLC, [hereafter referred to as “Provider”] constitutes agreement to these terms.  BY PURCHASING ANYTHING FROM LICKS AND KICKS MUSIC, VIA THE SITE OR ANY OTHER METHOD, YOU AGREE TO THESE TERMS OF USE.  IF YOU DO NOT AGREE, DO NOT PURCHASE FROM THE SITE OR LICKS AND KICKS MUSIC.

License Timeline

The shows are to be used for one competitive season (either indoor or marching). If a group wants to use the work beyond that in any fashion, whether competitive or not, additional permission will be required from Licks and Kicks Music in advance.

Regional Exclusivity

All licenses are issued on a first come, first served basis.  Licks and Kicks Music reserve the right to sell/license any and all content, including Licensee purchases, to other Licensees for shows/contests/performances that are not specifically listed on your checkout form.

Licks and Kicks Music bases our Regional Exclusivity on the competition circuits that each group competes in. We rely heavily on the information that our customers provide to us in order to accurately report circuits they plan to attend.  This includes local circuits, national circuits, and local shows, contests, and competitions that are not sanctioned by a circuit.

We will not sell/license the same piece or show to more than ONE group in any given local circuit, national circuit, or local show/contest/competition.  For national circuits, such as BOA or WGI, we will not sell/license the same piece or show to more than ONE group for specific regional or championship locations. This is why it is extremely important that each and every customer accurately reports to us their circuit participation information to guarantee regional exclusivity for everyone.

The Licensee shall provide the complete information of each Contest Performance where Licensee will be performing prior to purchase by completing all fields of the checkout form on the website.  Contest Performance exclusivity is only guaranteed once completed information is received and approved by Licks and Kicks Music staff.  This will allow Licks and Kicks Music to track each Licensee at all Competitions to ensure the exclusive use by Licensee.

Licks and Kicks Music will not take any financial responsibility for groups who perform shows outside of the information they provided to us at the time of their purchase, or to any group who has an infringing group competing in the same show or circuit with an authorized Licks and Kicks Music license.  Any break in exclusivity due to the a change of plans for any given group, without written consent from Licks and Kicks Music, is the sole responsibility of the offending group or organization.  Licks and Kicks Music always makes every attempt to contact the group ahead of time and work with both groups if we are alerted to this situation, but we do not guarantee resolution or action.

Exclusivity is not available to the Licensee for shows/contests/competitions that require bracketed regional participation for advancement into other shows/contests/competitions.

Payment Terms

Payment must be made online via credit card or PayPal, or via Purchase Order.  Payment (or guaranteed payment in the case of a Purchase Order) must be received before you will be able to download your purchase(s).  Flexible payment options may be available, but must be approved by Licks and Kicks Music in advance of purchase.

Refunds

Licks and Kicks Music is unable to offer refunds on any of our items.  Our music pieces and shows include regional exclusivity, which means we have licensed those individual pieces and/or shows to a specific customer in their area, therefore declining purchases from other groups who wanted to purchase the licensing for the same pieces and/or shows in the same region.

In some rare cases, we may be able to work out a credit for an upcoming season.  Contact us to discuss your options.

Content Licensing

The shows are to be used for one competitive season (either indoor or marching). If a group wants to use the work beyond that in any fashion, whether competitive or not, additional permission will be required from Licks and Kicks Music in advance.

All content provided by Provider may only be used for lawful purposes.  The United States of America apply.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.

Provider services, including all related equipment, networks and network devices are provided only for authorized customer use. Provider systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Provider system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Disclosures

Provider may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Provider reserves the right to revise its policies at any time without notice.

Privacy, Protection, and Your Information

We will setup your account after receipt of all required account information, payment receipt verification and the conclusion of all order & fraud screening processes. Providing false contact information of any kind may result in the termination of your account.

To review our current Privacy Policy in whole, please click here.

Arbitration

By using any Provider services, you agree to submit to binding arbitration. If any disputes or claims arise against Provider or its subsidiaries, such disputes will be handled by an arbitrator of Provider’s choice. An arbitrator from the American Arbitration Association will be selected. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Disclaimer

Provider shall not be responsible for any damages your business may suffer. Provider makes no warranties of any kind, expressed or implied for services we provide. Provider disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Provider and its employees.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Provider, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Provider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Provider; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Provider’s server.

How To Contact Us

Should you have other questions or concerns about these privacy policies, please contact us at [email protected], (856) 335-4311 or click here to review all our contact options.