LEGAL

TERMS OF USE

Effective date: October 11, 2026
Last updated: October 11, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A LIMITATION OF LIABILITY AND AFFECT YOUR LEGAL RIGHTS.

Contents

  1. Acceptance of these Terms
  2. Who may use the Site
  3. Accounts
  4. Music, audio previews and content license
  5. Merchandise orders
  6. Artist submissions and unsolicited materials
  7. Acceptable use
  8. Email communications
  9. Intellectual property and trademarks
  10. Copyright complaints (DMCA)
  11. Third-party links and services
  12. Disclaimer of warranties
  13. Limitation of liability
  14. Indemnification
  15. Governing law and disputes
  16. Changes to these Terms
  17. General
  18. Contact

1. Acceptance of these Terms

These Terms of Use (“Terms”) are a binding agreement between you and Momentum Records LLC (“Momentum Records,” “we,” “us,” or “our”) governing your use of the website at momentumrecords.org, including all pages, content, music previews, merchandise store and related services (collectively, the “Site”).

By accessing or using the Site, placing an order, or subscribing to our emails, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site.

2. Who may use the Site

You must be at least 13 years old to use the Site. If you are under 18, you may use the Site only with the involvement and permission of a parent or legal guardian, and you may not place an order without their consent.

By placing an order you represent that you are at least 18 years old, or that you have your parent or guardian’s permission, and that you are legally able to enter into this agreement.

3. Accounts

Most of the Site can be used without an account. Administrative accounts are issued by Momentum Records to staff and authorized personnel only.

If you hold an account, you are responsible for keeping your password confidential and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access. We may suspend or terminate any account at our discretion, including for violation of these Terms.

4. Music, audio previews and content license

All music, recordings, audio previews, artwork, photographs, videos, logos, text, graphics and design on the Site are owned by Momentum Records, our artists, or our licensors, and are protected by copyright, trademark and other intellectual property laws.

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and stream the audio previews and view the content on the Site for your own non-commercial enjoyment.

You may not:

  • Download, copy, record, rip, capture or redistribute audio previews, except where we expressly offer a download
  • Circumvent, disable or interfere with any technical limitation on preview length or playback
  • Reproduce, distribute, publicly perform, broadcast, sell or license any content from the Site
  • Create derivative works, remixes, samples, edits or mashups from our recordings without a separate written license from us
  • Use any content from the Site to train a machine learning or artificial intelligence model
  • Use our name, logos, artist names or artwork without prior written permission

Audio previews are intentionally limited excerpts provided for evaluation purposes. Availability, length and selection of previews may change at any time without notice.

For licensing, synchronization, sampling or permission requests, contact [email protected].

5. Merchandise orders

5.1 Order acceptance

Your submission of an order is an offer to purchase. No contract is formed until we accept your order. We may decline or cancel any order, including after an order confirmation has been sent, for reasons including product unavailability, pricing or description errors, suspected fraud, or an order that appears to be for resale.

5.2 Pricing and errors

All prices are in United States dollars. Prices, promotions and product availability may change at any time without notice. Despite our efforts, products may occasionally be listed at an incorrect price or with an incorrect description. If an item’s correct price is higher than the listed price, we will either contact you for instructions before shipping or cancel the order and notify you. We reserve the right to correct errors at any time.

5.3 Payment

The Site offers one payment method at a time, and which one is active will be clear at checkout.

Card payment. Payment is completed on a secure hosted checkout page operated by Stripe. Your card details go directly to Stripe and are never stored on our servers. Your order is confirmed once Stripe verifies payment.

Email order. The Site does not request any card details. You submit an order request, and we contact you afterward to arrange payment. Your order is not confirmed and will not ship until payment has been received. We may hold requested items for a limited period while payment is arranged; if payment is not completed within that period, the order may be cancelled and the items returned to stock.

You represent that you are authorized to use the payment method you provide.

5.4 Taxes

You are responsible for any applicable sales, use or similar taxes. Where we are required to collect tax, it will be calculated and shown at checkout.

5.5 Shipping and delivery

Shipping costs and available methods are shown at checkout. Delivery estimates are estimates only and are not guaranteed. Risk of loss passes to you upon delivery to the carrier. We are not responsible for carrier delays, or for packages marked delivered by the carrier but reported missing.

You are responsible for providing a complete and accurate shipping address. Orders returned to us due to an incorrect address may incur reshipping costs.

International orders may be subject to customs duties, import taxes and fees imposed by the destination country. These are your responsibility and are not included in our prices or shipping charges.

5.6 Returns, exchanges and cancellations

Unworn, unwashed merchandise in original condition may be returned within 30 days of delivery for a refund of the purchase price, less original shipping. Return shipping is the customer’s responsibility unless the item was damaged, defective or incorrect. Contact [email protected] before returning any item to receive return instructions.

Items marked final sale, pre-orders after production has begun, and custom or personalized items are not returnable.

If you receive a damaged or incorrect item, contact us within 7 days of delivery with photographs and we will make it right.

Refunds are issued to the original payment method and may take several business days to appear, depending on your bank.

6. Artist submissions and unsolicited materials

PLEASE READ THIS SECTION CAREFULLY BEFORE SUBMITTING MUSIC OR OTHER MATERIALS.

We welcome artist submissions through the contact form. However:

  • We do not accept unsolicited materials on a confidential basis. Any submission you send is made on a non-confidential, non-obligatory basis.
  • We receive many submissions and may be working on, or may later work on, material that is similar to yours. You agree that we have no obligation to you if we independently develop or acquire similar material.
  • By submitting, you grant us a non-exclusive, royalty-free license to listen to, review, store and internally evaluate your submission. We do not acquire ownership of your work by receiving it, and no recording, publishing or management agreement is created unless and until we sign a separate written contract with you.
  • You represent that you own or control all rights in what you submit, that it does not infringe anyone else’s rights, and that you have the right to grant the license above.
  • We are not obligated to respond to, review, return or keep any submission, and we may delete submissions at any time. Do not send your only copy of anything.
  • Do not send confidential information, business ideas or anything you expect us to keep secret.

If you want your material treated confidentially, contact us first at [email protected] to arrange a written agreement before sending anything.

7. Acceptable use

You agree not to:

  • Use the Site for any unlawful purpose or in violation of these Terms
  • Attempt to gain unauthorized access to the Site, its administrative areas, its servers, its database, or any account
  • Probe, scan or test the vulnerability of the Site, or breach or circumvent any security or authentication measure
  • Use any robot, spider, scraper or automated means to access, harvest or copy content from the Site without our written permission
  • Interfere with or disrupt the Site, including by overwhelming it with requests
  • Upload or transmit any virus, malware or harmful code
  • Submit false, misleading or fraudulent information, including fraudulent orders or payment information
  • Impersonate any person or entity, including our artists or staff
  • Post or transmit content that is unlawful, defamatory, harassing, abusive, hateful, obscene, or that infringes anyone’s rights
  • Collect or harvest personal information of other users
  • Resell merchandise purchased from the Site without our written permission

We may investigate and take appropriate action, including removing content, cancelling orders, blocking access and reporting activity to law enforcement.

8. Email communications

By subscribing, you consent to receive marketing email from Momentum Records in the categories you selected. You may unsubscribe at any time using the link in any marketing email; no login is required.

Transactional messages relating to an order, payment, shipment, your account or security are not marketing and will continue to be sent while you have an active order or account.

By providing your phone number with an order, you consent to be contacted about that order, including to arrange payment when the email order method is used.

9. Intellectual property and trademarks

“Momentum Records,” the Momentum Records logo, the crown-of-thorns mark, artist names and all related names, logos, product and service names, designs and slogans are trademarks of Momentum Records LLC or its licensors. You may not use them without our prior written permission.

All other names, logos and marks appearing on the Site are the property of their respective owners.

10. Copyright complaints (DMCA)

If you believe content on the Site infringes your copyright, send a written notice to our designated agent containing:

  1. Your physical or electronic signature
  2. Identification of the copyrighted work you claim is infringed
  3. Identification of the material you claim is infringing, with enough detail for us to locate it
  4. Your contact information, including address, telephone number and email
  5. A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent or the law
  6. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf

Designated agent:
Momentum Records LLC – Copyright Agent
[MAILING ADDRESS – STREET]
[CITY], Florida [ZIP]
[email protected]

We may remove or disable access to allegedly infringing material and may terminate the accounts of repeat infringers.

11. Third-party links and services

The Site links to and embeds third-party services, including YouTube, Spotify, Apple Music, SoundCloud, Instagram, Facebook, TikTok, X and ticketing providers. We do not control these services, do not endorse their content, and are not responsible for their availability, accuracy, content, products or practices. Your use of them is governed by their own terms and privacy policies.

12. Disclaimer of warranties

THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, MOMENTUM RECORDS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRODUCT COLORS AND IMAGES MAY VARY FROM THE ACTUAL ITEM DUE TO DISPLAY AND MANUFACTURING DIFFERENCES.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MOMENTUM RECORDS LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, ARTISTS, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability for fraud, personal injury caused by negligence, or any other liability that cannot be limited under applicable law.

14. Indemnification

You agree to indemnify, defend and hold harmless Momentum Records LLC and its members, officers, employees, artists and agents from any claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Site, your violation of these Terms, your violation of any law, or your infringement of any third party’s rights.

15. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules.

Informal resolution first. Before filing any claim, you agree to contact us at [email protected] and attempt in good faith to resolve the dispute informally for at least 30 days.

If the dispute is not resolved, you and Momentum Records agree that any action will be brought exclusively in the state or federal courts located in Okaloosa County, Florida, and you consent to the personal jurisdiction of those courts.

16. Changes to these Terms

We may update these Terms at any time. The “Last updated” date at the top will change when we do. Material changes will be announced on the Site. Your continued use of the Site after changes take effect means you accept the revised Terms. The Terms in effect at the time you place an order govern that order.

17. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Momentum Records regarding the Site.

Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, hurricanes, labor disputes, supply chain disruption, carrier failures, war, terrorism, pandemic, or utility or internet outages.

Headings. Section headings are for convenience only and do not affect interpretation.

18. Contact

Momentum Records LLC
[MAILING ADDRESS – STREET]
[CITY], Florida [ZIP]
United States
[email protected]