Terms of service

Music License Agreement

This Music License Agreement (the “License Terms” or “Agreement”) is made by and between Salute Music Co. LLC (“Salute Music”) and the person or entity digitally accepting or submitting the License Terms or using any content made available by Salute Music (the "Customer"). Salute Music and Customer may each be referred to as a “Party” and collectively as the “Parties.”

  1. PURPOSE.

a. Salute Music is in the business of granting licenses to third-parties both master recordings and any underlying musical compositions contained therein (the “Licensed Works”). Salute Music possesses rights to audio recordings and original works and is engaged in the business of providing the limited, non-exclusive right to use Salute Music’s collection of recorded music for the purposes as set forth below, and


b. Customer is a person or entity who desires to pay the license fee set forth on www.salutemusic.com (the “Website”) to acquire a license to use specific Licensed Works in order to use the recordings and underlying musical compositions for Customer’s gymnastics events, practices, and performances subject to the terms, conditions, and restrictions of the License Terms as set forth below.

  1. LICENSE

Salute Music grants to the Customer the non-exclusive, non-transferrable, world-wide, limited license to use the Licensed Works in its original, unaltered form for private use related to gymnastics subject to the terms, conditions, and restrictions of these License Terms. 

The Customer may not use the Licensed Works in any manner other than set forth above, including, but not limited to: (i) making or allow any other party, computer, or software to make alternations, edits, or changes to the Licensed Works; (ii) publish or distribute the Licensed Works; (iii) sync the Licensed Works to any audiovisual work; (iv) use the Licensed Works for any commercial purpose or advertisements; (v) publicly perform to the License Works without first obtaining the appropriate licenses, competing at a venue that has not obtained appropriate licenses (i.e. ASCAP, BMI and SESAC licenses), or (vi) sub-license, assign, or allow any third-party to use the Licensed Works.

Notwithstanding anything contained herein to the contrary, Customer may make a reasonable number of copies of the Licensed Works to allow the Customer’s athlete(s), coach(es), choreographer(s), gym staff, and competition staff to access the Licensed Works in relation to the Customer’s individual gymnastics uses and subject to these License Terms. 

  1. INTELLECTUAL PROPERTY

Salute Music and its licensors own all right, title, and interest in and to the Licensed Works, including but not limited to custom compositions and recordings created  by Salute Music and/or its licensors for Customer. All rights not expressly granted herein are reserved by Salute Music and its licensors. 

  1. TERM AND TERMINATION

These License Terms begin on the date the Licensed Works is purchased and paid for by the Customer through the Website (the “Effective Date”) and remains in effect for four (4) consecutive years thereafter (the “Expiration Date). These License Terms shall terminate immediately without notice upon: (i) the Expiration Date; (ii) Customer’s breach of these License Terms.

  1. REPRESENTATIONS AND WARRANTIES

a. The Customer warrants and represents that: (i) the Customer has the right, authority, and power to enter into this Agreement and has not entered into any other agreement that would interfere with your grant of rights hereunder; (ii) all information provided by the Customer shall be accurate, complete and not misleading in any material respect; (iii) the Customer shall only use the Licensed Works for the purposes set forth herein and in accordance with the terms of this Agreement; (iv) Customer shall not use any software or post the Licensed Works to any platform that enables the copying or duplication of the Licensed Works; (vi) the Customer shall comply with all requirements of the applicable performing rights societies; (vii) no usage by the Customer shall encourage or be associated with illegal or illicit activities allowed; and (viii) the Customer agrees to not transfer its rights in any Licensed Works licensed hereunder to third parties without the express written consent of Salute Music.


b. Salute Music warrants and represents that: (i) Salute Music has the right, authority, and power to enter into this Agreement and has not entered into any other agreement that would interfere with the grant of rights hereunder; (ii) Salute Music has obtained from the owner and publisher of the original compositions identified in the checkout section of the Website sufficient to grant the rights to the Customer hereunder. 

  1. INDEMNIFICATION

Customer agrees to defend, indemnify and hold harmless Salute Music, its licensees and licensors, employees, contractors, agents, officers and directors, and successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees and court costs), resulting from or arising out of Customer’s breach of these License Terms, including but not limited to any infringement claim arising from Customer misusing the copies or phonorecords of the Licensed Works. The Customer shall provide Salute Music with prompt written notice of any claim and provide reasonable assistance and information to Salute Music in regard to such claim. 

  1. LIMITATION OF LIABILITY

In no event shall Salute Music, its licensees and licensors, employees, contractors, agents, officers and directors, and successors and assigns be liable to Customer or its affiliates for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or related to these License Terms. In no event shall Salute Music’s total cumulative liability exceed the license fee paid by licensee hereunder. The foregoing shall apply whether the claim is based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Salute Music has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

  1. ASSIGNMENT

Salute Music shall have the right to transfer or assign this Agreement to a third party without notice to the Customer in the event of a merger, acquisition, or sale of substantially all of Salute Music’s business or assets. The Customer may only assign this Agreement upon the written consent of Salute Music, and such consent may be withheld for any or no reason.  All assignments are binding on permitted successors and assigns.

  1. GOVERNING LAW 

These License Terms shall be governed by the laws of the State of Alabama without regard to conflicts of law principles. 

  1.  NOTICES

Notice of breach, termination, or third-party claims hereunder shall be sent via express or registered mail to the addresses provided below along with a digital copy of the notice emailed to the email addresses provided below. Notices will be deemed delivered upon receipt or three (3) business days after deposit with such mail service.

Address for Notices - Salute Music

Salute Music Co. LLC 

33 Edgehill Road

Birmingham, AL 35209

Email: support@salutemusic.com

Address for Notices - Customer

The mailing address and email associated with the Customer’s account on www.salutemusic.com.  

  1.   MISCELLANEOUS 

Salute Music retains the right to update or modify these License Terms from time-to-time with or without notice to the Customer. No modification by Customer of these License Terms will be binding unless made in a writing signed by both parties. Salute Music’s failure to enforce any right or provision of these License Terms will not be considered a waiver of those rights. If any provision of these License Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these License Terms will remain in full force and effect. These Terms constitute the entire agreement between the Parties regarding the Licensed Works, and supersedes and replaces any prior agreements or communications between the parties regarding the Licensed Works.