Terms of service

1. Binding Agreement

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY.

These Terms and Conditions ("Agreement") constitute a legally binding contract between you ("Customer," "you," "your") and Studio Anthems LLC ("Company," "we," "us"), located at 1001 S Main St. STE 500, Kalispell, MT 59901, Montana, U.S.A.

By accessing www.studioanthems.com, submitting an order, or making payment, you expressly agree to be bound by this Agreement. If you do not agree to any provision of this Agreement, you must not order from us or use our services.

This Agreement governs your purchase of custom audio products, including but not limited to walk-up songs, team anthems, intros, commentary tracks, and related custom audio content ("Products").

2. Eligibility and Authority

You must be at least 18 years old to order from us. If you are ordering on behalf of a company, organization, or team, you represent and warrant that you have full legal authority to bind that entity to this Agreement.

If the intended user of the Product is under 18 years old, the person placing the order must be a parent or legal guardian who agrees to all terms herein and accepts full responsibility for the minor's use of the Product.

3. Order Acceptance and Contract Formation

3.1 No Automatic Acceptance
Your submission of an order and payment does not guarantee that we have accepted your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to:
- Inaccurate, incomplete, or ambiguous intake form information
- Suspected fraud, unauthorized payment, or chargeback risk
- Product requests that violate laws, infringe rights, or contain offensive, hateful, illegal, or infringing content
- Our inability to create the requested Product within our quality standards
- Technical failures, system errors, or circumstances beyond our control

3.2 Binding Contract
Upon our acceptance of your order (which occurs when production begins), you and Studio Anthems LLC enter a binding contract governed by this Agreement. Payment alone does not constitute acceptance; production commencement is the definitive acceptance event.

3.3 Accuracy of Information
You represent and warrant that all information provided in the intake form is accurate, complete, and current. Inaccurate, incomplete, or ambiguous information may delay delivery, and we reserve the right to pause work until corrective information is received. You acknowledge that delays caused by your failure to provide accurate information are not our responsibility.

4. Products and Services

4.1 Custom Creation Only
All Products are 100% custom created specifically for you. We do not sell templates, "type-your-name" products, pre-made or stock songs, or products where names, numbers, or details are added to existing content.

4.2 Product Offerings
Our Product offerings include, but are not limited to: Player Walk-Up Songs (20-30 second custom audio tracks), Team Anthems (full 2-3-minute custom audio tracks), Intros (custom entrance or introduction audio), Commentary Tracks (custom audio commentary), and Other Custom Audio (any additional custom audio products we offer).

4.3 Delivery Method
All Products are delivered exclusively as downloadable digital files (e.g., WAV, MP3, or other standard audio formats). We do not provide streaming-only access for long-term use, physical media (CDs, vinyl, etc.), hosting services beyond file delivery, or third-party distribution services.

4.4 Turnaround Time
Our standard turnaround time is 7-10 days for 20-30 second songs and 1–2 weeks for 2-3 minute songs, this starts from the day you submit your form and your order is accepted. This is an estimate only, not a guarantee, promise, or warranty. Delivery times may vary due to order volume and demand, incomplete or inaccurate intake form submissions, revisions requested by you, technical issues, third-party service failures, force majeure events, or our internal quality review processes. We do not guarantee exact delivery dates. We do not offer rush orders, expedited delivery, or priority production. Our premium quality standards require adequate time, and we explicitly do not compromise quality for speed.

4.5 No Warranty of Results
We do not guarantee that any Product will meet specific league, venue, or organizational rules; achieve particular audience reactions, performance outcomes, or popularity; be suitable for any specific purpose beyond general sports/audio use; or comply with third-party platform requirements (e.g., social media, streaming services).

5. Copyright Ownership and License Terms

5.1 Full Copyright Transfer to Customer
Upon your order's completion and full payment, you receive full copyright ownership of your custom Product. This includes exclusive right to reproduce the Product; exclusive right to distribute the Product; exclusive right to perform the Product publicly; exclusive right to display the Product; exclusive right to create derivative works based on the Product; and all royalties, licensing fees, and monetization rights associated with the Product. You may register the copyright with the U.S. Copyright Office or equivalent authority in your jurisdiction.

5.2 Company's Portfolio and Marketing Rights
Except where you opt out (see Section 5.3), Studio Anthems LLC retains the following non-exclusive, perpetual, worldwide rights: Portfolio Use (we may display, reproduce, and distribute your Product in our portfolio, website, showroom, or business presentations); Marketing and Advertising (we may use your Product in advertisements, promotional materials, social media posts, email campaigns, video content, and marketing communications); Sample Use (we may use your Product as a sample to demonstrate our capabilities to potential customers); Press and Media (we may share your Product with press, media, industry publications, or third-party reviewers). These rights are granted to us automatically upon your order completion unless you opt out.

5.3 Opt-Out Mechanism
You may opt out of the Company's portfolio and marketing rights by checking the "Opt out of portfolio use" checkbox on our intake form before submitting your order. If you opt out: we will not use your Product publicly after delivery; we may still use your Product internally for quality review, producer training, or dispute resolution; your full copyright ownership remains unchanged; this opt-out does not affect your rights under this Agreement.

5.4 Customer's Usage Rights
You may use your Product for: baseball and sports events (professional, amateur, youth, high school, collegiate); walk-up announcements, player introductions, team ceremonies; team promotions, marketing, and branding; social media, YouTube, Instagram, TikTok, and other platforms; highlight videos, replay footage, and promotional clips; podcasts, radio, and broadcast content; commercial sports broadcasting (with appropriate league permissions); merchandise featuring audio elements (e.g., QR codes linking to the song). You may NOT resell, redistribute, or license the Product as your own product; offer the Product as part of a template, service, or product line; claim the Product was created by someone else; or use the Product in ways that violate laws, infringe third-party rights, or are offensive, hateful, or illegal.

5.5 Underlying Company Rights
While you receive full copyright ownership of the final Product, Studio Anthems LLC retains: right to use our business name, logo, and branding in connection with the Product; right to claim we created the Product as a portfolio piece (unless you opt out); right to use our proprietary production methods, techniques, and tools.

5.6 Third-Party Content and AI Tools
We may utilize professional production tools, software, platforms, and techniques (including but not limited to AI-assisted tools, digital audio workstations, and cloud-based services) in creating your Product. We do not disclose specific tools used. You acknowledge that: some third-party tools may have their own licensing terms; we secure all necessary rights to use tools in creating your Product; your full copyright ownership is not affected by our use of third-party tools; you are responsible for ensuring your use of the Product complies with any third-party platform requirements.

6. Representations and Warranties from Customer

You represent, warrant, and covenant that: you own or have explicit legal permission to use all content you submit, including but not limited to player names, nicknames, initials, or numbers; team names, school names, organization names, league names; logos, mascots, colors, or visual elements; lyrics, phrases, quotes, or text references; photos, videos, or other media; any other intellectual property included in your request; your submitted content does not and will not infringe any third-party copyright, trademark, patent, trade secret, or other intellectual property right; violate any third-party privacy, publicity, or moral rights; contain offensive, hateful, harassing, discriminatory, or illegal content; or violate any local, state, federal, or international law; and all information provided is accurate, complete, and current.

7. Revisions and Edits

7.1 One Free Revision Per Order
We provide one (1) free revision per order under the following terms: Player Walk-Up Songs: 3 days after delivery, small edit only; Team Anthems: 7 days after delivery, small edit only.

7.2 Revision vs. New Request
Revision (included): Minor edits such as small wording changes (1–3 words), timing adjustments (±2 seconds), minor mix tweaks (volume, EQ, balance), small formatting corrections. New Request (not included, may require additional fees): Major edits such as rewriting lyrics or substantial text changes, changing song structure, arrangement, or genre, re-creating sections of the Product, adding or removing significant content, changing the overall style or direction.

7.3 No Additional Revisions
After your one free revision is completed, no additional revisions are provided unless you purchase a revision extension. We reserve the right to determine whether requested changes constitute a revision or new request.

7.4 Revision Request Procedure
To request a revision: contact us within the applicable revision window via email; provide clear, specific instructions for the edit; wait for our confirmation before making additional requests.

8. Refunds and Payment

8.1 No Refunds After Production Begins
We do not offer refunds after production begins. Production begins when our in-house producers start working on your order.

8.2 Exception Scenarios
Refunds may be considered ONLY for: Duplicate payments (you paid more than once for the same order); Technical errors on our end (we delivered incorrect, corrupted, or unusable files due to our mistake); Inability to complete (we cannot fulfill your order due to our limitations, not your fault).

8.3 Refund Process
If you qualify for a refund under Section 8.2: refunds are processed within 10–14 business days; refunds are issued to the original payment method; shipping fees (if applicable) are not refundable; payment processing fees may not be refundable.

8.4 Wrong File Replacement
If we deliver the wrong file due to our error, we will replace it at no charge within the applicable revision window.

8.5 Payment Terms
All prices are in U.S. Dollars; payment must be received in full before production begins; orders are final upon payment receipt; we use Shopify Payments for processing; their terms also apply.

9. Indemnification

You agree to defend, indemnify, and hold harmless Studio Anthems LLC, its owners, employees, contractors, producers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from: your use of the Product; your submission of inaccurate, incomplete, or infringing content; your violation of this Agreement; your violation of any third-party right, including copyright, trademark, privacy, or publicity rights; any claim that your Product causes harm to any person or entity. This indemnification obligation survives delivery of the Product and termination of this Agreement.

10. Governing Law, Venue, and Dispute Resolution

10.1 Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Montana, U.S.A., without regard to its conflict of law principles.

10.2 Venue
Any legal action, claim, or dispute arising under or related to this Agreement must be filed exclusively in state courts of Montana (if state law applies) or federal courts for the District of Montana (if federal law applies). You consent to personal jurisdiction in Montana and waive any objection to venue there.

10.3 Binding Arbitration
Except where prohibited by law, all disputes, claims, or controversies arising under or related to this Agreement shall be resolved through binding arbitration in Montana, conducted by a single arbitrator under the rules of the American Arbitration Association (AAA). Arbitration is mandatory unless Montana law prohibits it; you waive your right to a court trial or jury trial; the arbitrator's decision is final and enforceable in any court; each party pays their own costs; we pay arbitrator fees unless we are unsuccessful.

10.4 Small Claims Court Exception
Notwithstanding Section 10.3, either party may bring an individual action in small claims court if the claim qualifies.

11. Limitation of Liability

11.1 No Consequential or Indirect Damages
To the maximum extent permitted by law, Studio Anthems LLC shall not be liable for any lost profits, revenues, or earnings; lost business opportunities; lost data or content; business interruption; loss of goodwill or reputation; consequential, incidental, special, indirect, or punitive damages; damages related to how you use the Product; or event issues, venue problems, or league rule violations.

11.2 Liability Cap
Our total liability for any claim, regardless of the number of claims or basis of liability, is limited to the amount you paid for your order.

11.3 No Implied Warranties
Our Products are provided "as is" without warranties of any kind, express or implied, including implied warranties of merchantability; implied warranties of fitness for a particular purpose; implied warranties of non-infringement; or warranties arising from course of performance, course of dealing, or usage of trade.

11.4 Force Majeure
We are not liable for delays, failures, or non-performance caused by circumstances beyond our reasonable control, including natural disasters, storms, fires, or earthquakes; pandemics, epidemics, or public health emergencies; war, terrorism, riots, or civil unrest; government actions, restrictions, or embargoes; internet, power, or telecom failures; third-party service failures (e.g., Shopify, payment processors); or labor disputes, strikes, or supply chain disruptions.

11.5 Third-Party Services
We use third-party services including Shopify Payments, payment processors, file delivery platforms, and production tools. We are not responsible for their performance, availability, or accuracy; their terms of service or privacy policies; any damages arising from their use; or their data collection or security practices.

12. Fraud, Chargebacks, and Account Management

12.1 Fraud Prevention
We may cancel, suspend, or refuse any order we suspect is fraudulent, unauthorized, or risky without notice or liability.

12.2 Chargeback Policy
Unauthorized chargebacks without prior communication constitute a breach of this Agreement; we may block future orders from customers who initiate chargebacks; we may pursue legal action for fraudulent chargebacks; chargebacks do not excuse your obligation to pay.

12.3 Account Termination
We may terminate or suspend your account, block future orders, or deny service for violation of this Agreement; misuse of our services; fraudulent activity; multiple refund requests; or abusive or harassing behavior. Termination does not affect your rights to Products already delivered.

13. Term, Termination, and Survival

13.1 Term
This Agreement begins when you order and continues indefinitely for Products delivered.

13.2 Termination by Us
We may terminate this Agreement or deny future service at any time for any reason.

13.3 Survival
Sections that by their nature should survive termination (including copyright, indemnification, limitation of liability, governing law, and dispute resolution) shall survive.

14. Modifications to This Agreement

We may update this Agreement at any time. Updated terms will be posted on our website with a new "Last Updated" date. Your continued use of our site or ordering after updates constitutes acceptance of the new terms. If you do not agree to updated terms, do not order from us. Significant changes will be communicated via email if you have provided contact information.

15. Waiver and Severability

15.1 Waiver
No waiver of any term is effective unless expressly stated in writing; failure to enforce a term is not a waiver; single or partial enforcement does not preclude future enforcement.

15.2 Severability
If any provision is held invalid, illegal, or unenforceable, the remaining provisions remain in full force. The invalid provision will be modified to the minimum extent necessary to be enforceable.

16. Entire Agreement

This Agreement, including any linked policies (Privacy Policy, Refund Policy, Disclaimer), constitutes the entire agreement between you and Studio Anthems LLC regarding your order and supersedes all prior or contemporaneous agreements, representations, or understandings.

17. No Third-Party Beneficiaries

This Agreement is binding on you and Studio Anthems LLC and their respective successors. No third party has any rights under this Agreement.

18. Contact Information

Studio Anthems LLC  
1001 S Main St. STE 500  
Kalispell, MT 59901  
Montana, U.S.A.

Email: info@studioanthems.com  
Website: www.studioanthems.com