General Terms and Conditions (GTC)

1. Imprint/Operator of the Online Shop

Business address:
ICheer GmbH
Berta-Benz-Straße 108
64404 Bickenbach

Managing Directors
Mr. Jurij Seitenzahl
Mr. Yannic Lou Schmidt

St u Kr Spk Darmstadt
BLZ: 50850150
Account number: 741744
BIC: HELADEF1DAS
IBAN: DE79508501500000741744

2. Conclusion of Contract

2.1.

The presentation of our goods in the ICheer online shop is merely a non-binding
invitation for you to order goods from us.

2.2.

By submitting the order, you make a binding offer to conclude a purchase contract.

2.2.

Acceptance of the offer by us occurs through delivery of the goods. The automatically
generated e-mail order confirmation does not constitute acceptance of the offer, but
merely documents that the order has been received by us. The decision as to
whether we accept an order is at our sole discretion. If we will not fulfill an order,
we will inform you immediately.

2.2.

If we determine during the processing of your order that the products you have ordered
are not available, you will be informed of this by e-mail. A contract for the
unavailable goods will not be concluded.

2.2.

We sell our goods exclusively to end consumers who have reached the age of 18
and only in standard commercial quantities.

2.2.

When ordering via our online shop, the ordering process comprises a total of three
steps:
In the first step, you select the desired goods. In the second step, you have the
option of registering or logging in to retrieve your previously stored data.
In the third step, you enter the billing and delivery address and select the
payment method you want. At the end of this process, you can send your order
to us. After submitting the order, you have the opportunity to print it out.

3. Voluntary Exchange Option

3.1.

Irrespective of your statutory right of withdrawal, we voluntarily give you the opportunity
to return the products purchased from us. You can then return all items purchased in the ICheer
online shop free of charge within 14 days of receipt
by means of the return sticker enclosed with the consignment and using
the return slip, provided that the goods are complete and in unused and undamaged condition.
It is only permitted to inspect the goods in a manner that would be customary for trying them on in a retail store.

Goods that have been provided with a special hygiene sticker or a hygiene seal/welding
can only be returned if the sticker or the welding or seal has not been opened.

3.1.

The voluntary exchange option does not apply to articles that have been individualized or manufactured according to your customer specifications.

3.1.

In addition, you are entitled to the statutory right of withdrawal described in section 3.

4. Statutory Cancellation Policy

4.1. Right of Cancellation

You can cancel your contract within 14 days without giving any reason in
text form, e.g. letter, fax, e-mail, or – if the item is given to you before the deadline – by
returning the item. The period begins after receipt of this notification in
text form, but not before receipt of the goods by the recipient and also not before fulfillment of
our information obligations according to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2
EGBGB as well as our obligations according to § 312 g paragraph 1 sentence 1 BGB in conjunction with Article
246 § 3 EGBGB. To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time.

The revocation or the return of the goods is to be addressed to:

ICheer GmbHBerta-Benz-Str. 108
64404 Bickenbach

info@icheer.de

4.2. Consequences of Cancellation

In the event of an effective cancellation, the services received by both parties must be
returned and any benefits derived (e.g. interest) surrendered.
If you are unable to return or surrender the received service and benefits (e.g. benefits of use) in whole or
in part or only in a deteriorated condition, you
must compensate us for the loss in value.
You only have to pay compensation for the deterioration of the item and for benefits derived if the benefits or the deterioration is
due to handling of the item that goes beyond the examination of the properties and functionality.

"Examination of the properties and functionality" means testing and
trying out the respective goods, as is possible and customary in a retail store.
Items that can be shipped as a package are to be returned at our expense and risk. Items that cannot
be shipped as a package will be picked up from you.
Obligations to reimburse payments must be fulfilled within 30 days.
The period begins for you with the dispatch of your cancellation declaration or the item, for us with
their receipt.

4.3. Note on exceptions

The right of return does not apply to goods that have been manufactured according to individual customer specifications
or are clearly tailored to personal needs. Our
statutory liability due to quality defects remains unaffected.

5. Shipping

5.1. Shipping costs

The exact shipping costs are listed before the order is released.

5.1.1. Shipping costs within the Federal Republic of Germany

WEIGHT	PRICE
up to 0.1kg	€1.50
up to 0.5kg	€3.50
up to 1.0kg	€4.50
up to 2.0kg	€6.50
from 2.01kg	€15.00

The exact shipping costs are listed before the order is released.

5.1.2. International shipping costs

Deliveries to the following countries correspond to the shipping costs in Table 1.

Belgium, Denmark, Finland, France, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Austria, Poland, Portugal, Sweden, Switzerland, Slovenia, Spain, Czech Republic, Ukraine, Hungary, United Kingdom

WEIGHT	PRICE
up to 0.1kg	€3.00
up to 0.5kg	€10.00
up to 2.0kg	€12.00
up to 5.0kg	€20.00
up to 10.0kg	€25.00
up to 20.0kg	€35.00
from 20.01kg	€45.00

Deliveries to the following countries correspond to the shipping costs in Table 2.

Australia, Chile, China, Costa Rica, Ecuador, Japan, Canada, Colombia, Mexico, New Zealand, Puerto Rico, Russia, South Africa, Thailand, United States of America

WEIGHT	PRICE
up to 0.1kg	€3.50
up to 0.5kg	€7.00
up to 2.0kg	€15.50
up to 5.0kg	€40.00
from 5.01kg	€57.00

Shipping to countries that are not included in the above lists is not possible.

Shipping will not take place if the total weight of the order exceeds the weight classes mentioned above.

5.2.

Depending on the country, shipping takes 1 – 5 working days after receipt of payment.

6. Prices and Payment Methods

6.1.

The prices stated at the time of the order apply. All prices include the
statutory value added tax.

6.2.

The goods are paid for at your discretion in accordance with the payment methods proposed in the ordering process and under the conditions stated there.
Depending on the result of the review of your data (identity and credit check), we reserve the right to exclude certain payment methods.

6.3.

Should you be in default of payment, we reserve the right to charge you late payment fees.

In the event of default of payment, you undertake to reimburse all costs, expenses and cash
outlays incurred by us as a result of pursuing our claims. This includes, without prejudice to any obligation to reimburse costs under the law of civil procedure, all out-of-court costs of an engaged debt collection agency or lawyer.

7. Retention of Title

The goods remain our property until full payment has been received.

8. Warranty

Unless expressly agreed otherwise, the statutory warranty provisions apply.

9. Copyright

The entire content of the website, including texts, graphics, photos, images, moving
images, sounds, illustrations and software, is our property or the property of our
affiliated companies, licensees and/or content providers. This content is protected by
copyrights and other rights. Their use is only permitted with our express consent.

10. Applicable Law

The contractual relationship with you shall be governed by the law of the Federal Republic of Germany.
The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

11. Addition – Music

11.1. “Custom Mixes”

The following terms and conditions are merely a supplement to the General Terms and Conditions of ICheer GmbH and are limited to the purchase of all musical items.

You must fill out the order form so that we can begin production of the mix.

We prefer that you use our “8-Count-Sheet”. If you feel it is necessary to use your own, please keep it in an Excel format. We do not accept “8-Count-Sheets” that are not in Excel format. Your “8-Count-Sheet” must be sent before the start date of your mix, i.e. no later than 3 weeks before your scheduled delivery date.

To send us your video, we prefer using the free website “We Transfer”. On this website, you can send large files via email. Simply enter our email address (info@icheer.de), your email address, a message with your club and team names, and add the file(s). Please label each file with the team name.

Please do not send your video in different sections. We only accept one video of the entire, complete routine. Also, make sure that the video and the “8-Count-Sheet” you send match. If the “8-Count-Sheet” and the video do not match, we do not know which one is correct, and this may cause a delay in delivery.

11.2. Fees / Payments

Once we receive your order form for the mix, we will send you an order confirmation, which you can use to make the payment. Your delivery date will not be set until payment has been received. The later you make the payment, the higher the risk that you will exceed your desired delivery date. If you wait too long and your desired delivery date has already been taken, we will try to move your mix as close as possible to the previously scheduled date. However, it may take weeks or even months for us to have another open date.

If you order 3 or more mixes, you will receive a 5% discount on your entire order. If you order 5 or more mixes, you will receive a 10% discount on the entire order.

Depending on the time of year they are requested, express deliveries may not be available. For an express delivery of 14 working days, each mix costs an additional €75. For a 7-day express delivery, it costs an additional €150.

If you would like cover songs to be used in your mix, each cover song costs an additional €20 per song per mix. Choose your cover songs at www.unleashthebeats.com.

11.3. DELIVERY / RELEASE

The processing time is 3 weeks from the start date of your mix.

Once the mix is complete, we will send you a high-quality MP3 file of your mix along with the corresponding license.

ICheer or an employee of ICheer is not liable for lost profits, damaged equipment, missed competitions, time deductions due to the length of your music, or other things due to the use of this website and/or our services.

When you order music from ICheer, you agree that ICheer will upload your mix to SoundCloud and use your team name for other marketing strategies.

11.4. Changes & Reconstructions

Depending on your mix package, a certain number of change sessions are free of charge. One session lasts a maximum of one hour (60min). Changes outside of your free number will be charged at €45 per session. It may take up to 2 weeks for the changes to be implemented. Express changes cost 50€ extra. An updated count sheet and/or a current video must be submitted for all changes. Please be as detailed as possible. Free changes are included in the Premium Package for the entire season in which the mix was purchased. A season lasts from August to July of the following year. ICheer reserves the right to adjust our season for our international customers based on their respective competition calendar.

Changes include:

Sound effect changes
Song exchange, not for cover songs
Tempo changes
Other small changes

A reconstruction includes, without limitation, changing cover songs, extending or shortening the mix or songs, adjusting the order of the songs or the routine, and new or different vocals. Reconstructions are only offered for the season in which your mix was purchased. A season lasts from August to July of the following year. ICheer reserves the right to adjust our season for our international customers based on their respective competition calendar. The cost of reconstructing your mix depends on what the changes are to look like. We will send you a price by email once we have assessed your requests.

When you request changes to your mix, we will let you know whether your change is considered an edit or a reconstruction.

Processing times can take up to 2 weeks. Processing times for reconstructions can take up to 3 weeks depending on the time of year.

11.5. Refunds / Cancelled Orders

Mixes are not eligible for reimbursement.

Cancellation is not possible after the start of production! You will be informed by us in writing about the start of production.

We reserve the right to cancel orders for any reason. If your order has been cancelled, we will notify you. If we cancel your order, refunds will be issued on a situational basis.

11.5. Licenses

The license agreement must be accepted when placing an order.

When the mix is delivered, you will receive a license verification document. This includes the complete license agreement and the respective licenses, should you have chosen cover songs for your mix. If you have not chosen any cover songs, the license agreement is sufficient as proof.

When you order music from ICheer, you agree that neither you nor anyone else will edit the licensed music you receive. If works outside of ICheer are still changed, your license for your mix will expire and will no longer be USA Cheer compliant.

Licenses are only valid for the season in which your mix was purchased. A season lasts from August to July of the following year. ICheer reserves the right to adjust our season for our international customers based on their respective competition calendar. A license for a mix can be extended to another season for a fee of €75.

11.6. License Agreement

This agreement becomes effective on the date of full execution of the agreement and between ICheer on the one hand and the party concluded by purchasing, reviewing, accepting, downloading, copying, training with, competing with and/or distributing the work in any way. This music has been provided for coaches, teams and other participants in cheerleading, dance or fitness events.

The user is engaged in acquiring original recordings and licensed musical compositions from ICheer. The user is authorized by ICheer to incorporate the work into a choreographed routine performed by the “Team” from the “Club”. ICheer provides original recordings and licensed musical compositions for this purpose.

Therefore, it is now agreed as follows:

11.6.1. General

ICheer owns all property rights to copyrighted works as described in Appendix A. In addition, ICheer has acquired the correct licenses and paid the resulting fees for musical compositions by third parties. By agreement of the parties contained therein, ICheer has the exclusive right to grant others the right to use and copy the work for choreographic routines.

ICheer has the sole ownership right to edit, change, modify and/or remix the work.

Appendix A – Content created by ICheer

This includes all content created by ICheer, including but not limited to sound recordings, voice-overs, beats, sound effects, loops, vocals, instruments, songs, raps and musical compositions.

Appendix B – Content licensed to ICheer by third parties

This includes all content created by third parties, including but not limited to sound recordings, voice-overs, beats, sound effects, loops, vocals, instruments, songs, raps and musical compositions for which ICheer has properly obtained the licenses and paid the correct license fees.

11.6.2. Use of the Work

ICheer hereby grants the user, in accordance with the terms and conditions of this agreement, a non-exclusive, non-transferable limited right to incorporate the work into a choreographed routine performed by the team and only the team of the aforementioned club, and for no other purpose without the express written permission of ICheer. The user has the right to use the work in connection with public performances at USA Cheer events and for all personal, non-commercial purposes until this agreement expires, at the latest one calendar year after delivery of the work.

The user has the non-exclusive right to reproduce a total of up to 40 copies of the work for distribution only to team members of the “Team” and employees of the “Club” for the purpose of practicing and participating in competitions in connection with the work.

The user may not sell or grant sublicenses of the work without ICheer's prior express written consent.

The user agrees to use the work only as provided in the agreement and to use the work only in its original form; user and team agree not to make any changes to the work.

The user may not edit, alter, modify, remix, or change the work in any way. If the work is edited, altered, modified, or remixed outside of ICheer's hands, the agreement will be violated and the user will immediately assume responsibility, without prior notice, for any lawsuits, claims, losses, damages, costs, liabilities, and violations arising from the work. In the event of such a breach of the agreement, the user's license will be revoked and the agreement terminated immediately.

11.6.3. Term and Termination

The agreement begins on the day the work was delivered and remains in full force and effect for one calendar year thereafter. ICheer may terminate this agreement at any time without cause, upon written notice to the user, if the user violates any provision of this agreement.

In the event that the user sells all of its assets to a third party or otherwise ceases to exist in its current form, ICheer may terminate this agreement immediately at its sole discretion.

Upon termination or expiration of the license granted under this agreement pursuant to any legal or other provision, all rights, including the right to use the work, privileges, and obligations arising from this agreement, shall expire. The user must immediately cease using the work.

11.6.4. Warranty & Representation

ICheer warrants and represents: (I) ICheer has full authority to enter into this agreement and provide the work to the user; (II) the provision of the services and the granting of rights will not violate or conflict with the provisions of any other agreements to which they may be bound; (III) The provision of ICheer services and the use of the works described in this agreement do not infringe any third party rights.

11.6.5. Fees

ICheer will be compensated via the pricing structure indicated on the website www.icheer.de or the price agreed with the user in accordance with the work. Additional fees will apply for extensions of this agreement, which must be agreed upon by ICheer and the user prior to the extension.

11.6.6. Indemnification

The user shall indemnify and thus release ICheer from any liability, loss, damage, costs, including attorney's fees, paid or incurred as a result of a breach or claim of infringement by a user, provided that such claims, losses, damages, costs, or liabilities are not based on ICheer's negligence.

11.6.7. Miscellaneous

Governing Law. This agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.

Assignment. This agreement (including, without limitation, the license granted hereunder) is personal to the user and shall not be assigned or transferred by the user. Any attempt by the user to assign, sublicense, or transfer the user's rights under this agreement shall be void and of no effect. ICheer shall have the right to assign and/or license its rights and obligations under this agreement, as well as all rights, title, and interest in the work, without the user's consent.

This constitutes the entire agreement, a binding agreement between ICheer and the user. Any changes or additions to this agreement must be in writing and signed by both parties.