This Agreement, effective as of the date of full execution of the Agreement, is entered into between ICheer, on the one hand, and the party that has entered into this Agreement by purchasing, reviewing, accepting, downloading, copying, training with, competing with and/or distributing the Work in any way. This music has been provided for trainers, teams and other participants in cheerleading, dance or fitness events.
The user is engaged in purchasing original recordings and licensed music compositions from ICheer. The user is authorized by ICheer to include the work in a choreographed routine performed by the “team” from the “gym”. ICheer will provide original recordings and licensed musical compositions for this purpose.
It is therefore agreed as follows:
ICheer owns all proprietary rights in copyrighted works as described in Attachment A. In addition, ICheer has purchased the proper licenses and paid the resulting fees for third-party musical compositions. By agreement of the parties involved, ICheer has the exclusive right to grant others the right to use and copy the work for choreographic routines.
ICheer shall have the exclusive property right to edit, change, modify and/or remix the work.
Attachment 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.
Attachment 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, rap and music compositions for which ICheer has properly licensed and paid the correct royalties.
2.Use of the work
ICheer hereby grants the User, subject to 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 by the “team” of the above-mentioned gym, 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 on July 30, 2021.
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 gym employees for the purpose of practicing and competing in connection with the work.
The user may not sell or grant sublicenses of the Work without the prior express written consent of ICheer.
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 modifications to the work.
User may not edit, change, modify, remix, or alter the Work in any way. If the work is edited, changed, modified or remixed outside of ICheer’s control, the agreement is breached and the user immediately assumes responsibility, without notice, for any actions, claims, losses, damages, costs, liability or violations arising from the work. In the event of such breach of the Agreement, the User’s license is revoked and the Agreement is terminated immediately.
3.Term and Termination
The Agreement shall commence on the date of entry into force on 1 August 2020 or the date on which the mix was delivered and shall remain in full force and effect until the termination date on 30 July 2021. ICheer may terminate this Agreement at any time without cause, upon written notice to the User, if the User breaches any provision of this Agreement.
If the User sells all its assets to a third party or otherwise ceases to exist in its present form, ICheer may, at its sole discretion, terminate this Agreement immediately.
Upon termination or expiration of the license granted under this Agreement by operation of law or otherwise, all rights, including the right to use the Work, privileges and obligations under this Agreement shall terminate. User shall immediately stop using the Work.
4.Guarantee & Assurance
ICheer warrants and represents: (I) ICheer has full authority to enter into this agreement and make the work available to the User; (II) the provision of services and the granting of rights will not violate or contradict the terms of any other agreement to which it may be bound; (III) the provision of ICheer services and the use of the work described in this agreement will not violate any rights of third parties.
ICheer will be compensated through the pricing structure indicated on the www.icheer.de website or the price agreed upon in accordance with the work done with the user. Any renewal of this agreement will be subject to additional fees to be agreed upon by ICheer and the user prior to renewal.
The User shall indemnify, and thereby hold ICheer harmless from, any liability, loss, damage, costs, including lawyers’ fees, paid or incurred by ICheer as a result of any breach or claim for breach by a User, provided that such claims, losses, damages, costs or liabilities are not based on ICheer’s negligence.
Governing law. This agreement is in accordance with the laws of the German state.
Assignment. This Agreement (including, without limitation, the license hereby granted) is personal to the User and is not 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 void. ICheer has the right to assign and/or license its rights and obligations under this Agreement, as well as all rights, titles and interests in the Work, without the User’s consent.
This constitutes the entire agreement, a binding agreement between ICheer and the user. Any changes or amendments to this agreement must be made in writing and signed by both parties.