At Velvet Audio, we value the trust placed in us by the ensembles, educators, performers, creators, and organizations we serve. As fellow composers, arrangers, and designers, we understand the constraints of budgets, administrative processes, and the workload placed on directors and staff. These Terms of Service ensure the ethical, legal, and fair use of Velvet Audio’s intellectual property across our entire catalog. They exist to protect our creative work, uphold the rights of our composers and arrangers, and provide a clear, consistent framework for all clients.

BY PURCHASING, DOWNLOADING, OR ACCESSING ANY PRODUCT, SERVICE, OR DIGITAL MATERIAL FROM VELVET AUDIO, LLC, YOU AGREE TO THE FOLLOWING TERMS.

1. LICENSE GRANT

Unless otherwise specified, all Velvet Audio products are licensed—not sold—to the purchaser.

Upon purchase, Velvet Audio grants the Director/Purchaser a non-exclusive, non-transferable license to use the material solely for the ensemble or individual who completed the purchase.

This license permits:

• Rehearsal and performance use by the purchasing ensemble or individual

• Printing, copying, or distributing parts only within the purchasing program

• Storage of files for long-term use only by the licensed party

The license does not permit:

• Sharing, selling, trading, lending, uploading, or redistributing Velvet Audio materials to any third party

• Use by any ensemble other than the one named at purchase

• Posting files publicly or storing them in publicly accessible systems

• Creating derivative works without written permission

Violations constitute infringement of U.S. copyright law.

2. PERFORMANCE RIGHTS

2.1 For All Non-Show Products

Educational materials, warm-ups, exercises, front ensemble resources, sound design content, arrangements, and all catalog items not classified as a “show” may be used indefinitely by the purchasing ensemble under the standard Velvet Audio license.

These products do not expire and do not require yearly renewal unless explicitly stated.

2.2 For Marching Band, Indoor Percussion, and Indoor Winds Shows

Show purchases include a single-season performance license, valid for 365 days from the purchase date. Renewal or re-licensing is required for usage in subsequent seasons.

Regional protection applies only to shows and is governed by the Velvet Audio Regional Protection Policy.

3. CUSTOMER RESPONSIBILITIES

3.1 Payment & Purchase Orders

If purchasing with a purchase order, the Director/Purchaser must follow all district procedures to ensure timely payment. Velvet Audio may withhold materials until a PO or payment is fully processed.

3.2 Contest & Performance Disclosure (Shows Only)

For show purchases, the Director/Purchaser agrees to furnish all performance and contest details requested by Velvet Audio for the purpose of maintaining regional protection records.

This requirement does not apply to non-show catalog items.

3.3 Upholding Copyright Integrity

The purchaser agrees that:

• Velvet Audio materials are for exclusive use by the purchasing ensemble

• Unauthorized distribution is strictly prohibited

• Any form of resale, loaning, or “borrowing” constitutes a violation

Velvet Audio will prosecute copyright violations to the fullest extent of the law.

4. VELVET AUDIO RESPONSIBILITIES

4.1 Delivery of Materials

• Credit/debit purchases receive immediate electronic delivery whenever available.

• Purchase orders receive digital delivery upon PO approval or receipt of payment.

• Shows may have extended delivery times due to customization.

4.2 Professional Notation & Documentation

Velvet Audio provides professionally engraved notation upon request, ensuring clarity and accuracy.

4.3 Regional Protection (Shows Only)

Regional protection is guaranteed for all marching and indoor shows under the Velvet Audio Regional Protection Policy.

This does not apply to standalone educational or catalog materials.

4.4 Copyright Clearance & Permission to Arrange

Velvet Audio provides copyright clearance documentation and permission-to-arrange letters at no additional cost when applicable.

5. RESTRICTIONS & PROHIBITED USES

The following actions are strictly prohibited for all Velvet Audio products:

• Sharing files with other ensembles, directors, students outside the licensed group, or third parties

• Uploading any materials to public servers, file-sharing platforms, social media, or unsecured cloud systems

• Modifying, re-engraving, or creating derivative works without permission

• Using content beyond the licensed ensemble or in additional seasons (shows only) without re-licensing

6. BREACH OF TERMS & LICENSE TERMINATION

Any violation of this agreement immediately terminates the purchaser’s license to use Velvet Audio materials.

Upon termination, the purchaser must:

• Delete all downloaded files

• Discontinue all use of the material

• Remove printed or distributed copies from use

Velvet Audio reserves the right to pursue all legal remedies for infringement, unauthorized duplication, or misuse.

7. LEGAL JURISDICTION

All legal matters—including copyright violations, payment fraud, and plagiarism—are governed by the laws of the State of Indiana.

The purchaser agrees to be responsible for reasonable legal fees incurred by Velvet Audio in enforcing these terms.

8. ACCEPTANCE OF TERMS

By purchasing, downloading, or using Velvet Audio materials, you acknowledge that you have read, understood, and agree to all terms outlined in this document.