Terms of service

END-USER LICENSE AGREEMENT (EULA) AND TERMS OF SERVICE

This End-User License Agreement ("EULA") is a legal agreement between you (the "Licensee") and Tuxedo Tracks ("Licensor") governing the use of all digital audio and video accompaniment files, sheet music, and related media (collectively, the "Digital Products") purchased or downloaded from this website.

By purchasing, downloading, or accessing any Digital Products from Tuxedo Tracks, you agree to be bound by the terms of this agreement.

1. LICENSE GRANT & PERMITTED USE Upon purchase, Tuxedo Tracks grants you a non-exclusive, non-transferable, single-user license to use the Digital Products.

You MAY use the Digital Products for:

  • Personal, private rehearsal and practice.

  • Live, in-person educational performances, including school concerts, juries, recitals, and regional evaluations (NYSSMA, S&E, NATS, MTNA, etc).

  • Live, in-person auditions (college, community theatre, professional).

2. RESTRICTIONS ON USE This is a single-user license. You are purchasing the right to use the track, not the ownership of the track itself.

You MAY NOT:

  • Share, forward, email, or distribute the audio or video files to other students, teachers, colleagues, or institutions. (School districts or ensembles requiring multi-user access must purchase an institutional site license).

  • *Upload the audio or video files to any public or publicly accessible platform without accreditation ("tagging"), including but not limited to Instagram, Tiktok, Youtube, Facebook, Soundcloud, or other public social media feeds.
    - *Note: the videos for many tracks are publicly available for duets/remix/collab posts on various platforms, and may be happily used for said purpose.

  • Upload the audio or video files to any public or publicy accessible streaming platform as part of your performance, including but not limited to Spotify, Apple Music, Tidal, etc. Tuxedo Tracks IS available for hire for recording projects with streaming services in mind, but that is a separate transaction ("a whole 'nother kettle of fish", as they say) and licensing to figure out.

  • Resell, sub-license, or monetize the Digital Products.

  • Remix, sample, or use the tracks to create a derivative commercial musical work.

3. PERFORMANCE LIABILITY & DISCLAIMER All Tuxedo Tracks Digital Products are provided "as-is" and are intended strictly as rehearsal and performance aids.

  • Performance Outcomes: Tuxedo Tracks and its pianists/creators are not responsible or legally liable for the outcome of any audition, jury, exam, or performance. The Licensee assumes full responsibility for their own musical preparation, timing, entrances, and execution.

  • Technical Failures: Tuxedo Tracks is not responsible for any technical failures, playback issues, or equipment malfunctions that may occur while using our tracks during a live performance or audition.

4. REFUND POLICY (DIGITAL GOODS) Because these are intangible, instantly downloadable digital files, we cannot verify that a product has been "returned." Therefore, all sales of digital audio and video files are final and non-refundable once the checkout process is complete and the download link has been provided.

If you receive a corrupted file or experience a technical error with your download link, please contact us immediately so we can provide a replacement file for the purchased piece.

5. OWNERSHIP OF THE MASTER RECORDING The specific audio and video recordings (the "Master Recordings") provided to you are the exclusive property of Tuxedo Tracks. Purchasing access to these files grants you the limited use license outlined in Section 1, but does not transfer copyright ownership of the Master Recordings.

6. DISCLAIMER OF UNDERLYING COMPOSITIONS Tuxedo Tracks provides a technical and educational service: the creation of custom, lifelike rehearsal aids.

  • No Claim to Composition: Tuxedo Tracks does not claim copyright, publishing rights, or ownership over any of the underlying musical compositions, lyrics, or melodies recorded in these tracks. All underlying compositions remain the sole intellectual property of their respective composers and publishing houses.

  • Nature of the Transaction: The fee paid by the Licensee is exclusively for the time, labor, studio overhead, and technical service required to record, mix, and host these educational rehearsal aids. You are not purchasing a mechanical or synchronization license for the song itself.

  • Performance Rights: If the Licensee utilizes these tracks in a public performance, the Licensee (or the hosting venue/institution) assumes full responsibility for securing any necessary performance rights (PRO) licenses from organizations such as ASCAP, BMI, or SESAC.