Legal Information & Disclaimers

Distribution of Materials

All items purchased will be delivered in PDF format without a passcode unless otherwise requested and ordered by the purchaser. All requests for alternative formats must be made prior to the finalization of any purchase or agreement. 

Contracts

Contracts are issued only when an individual, either acting independently or as a representative of a program or other organization, requests commissioned works for purchase. Contracts are issued for commissioned works including, but not limited to, marching band drill design and marching band show design. Contracts may be issued for other commissioned works, dependent upon the type of work, deadlines, and total of payments. 

Payments, Invoices, & Receipts

Payments must be received in full or in accordance to the payment plan set forth in the commission contract prior to the delivery of any and/or all purchased materials. Commissions do not have a set payment amount. Each commission total is determined by Joseph Whitt based on conversations with the client and are determined on a case-by-case basis. While stock items on our products & services page have a provided set price point, we are willing to reduce the amount of the item or establish a payment arrangement in an effort to help you make the purchase of your dreams. In such cases, an agreement will be drafted and invoices will be provided to reflect adjusted payment amounts and/or deadlines. Purchasers must contact Promethean Music Publishing directly prior to placing any order for this accommodation to be granted. Please be honest. We provide this offering to help support organizations with tight budget constraints but big dreams. We ask that you do not take advantage of this opportunity if you do not need it, so we can see our business thrive alongside all music programs, regardless of access to resources. 

Invoices are only automatically drafted for individuals with whom a contract is established for a commissioned work. Invoices are provided as a courtesy to the purchaser to remind them of upcoming payment deadlines for services being rendered. Invoices may be requested by the purchaser within 72 hours of placing an order.

Receipts are not provided unless expressly requested by the original purchaser. The purchaser will receive an electronic receipt in the form of a PDF which reflects the item(s) purchased, total amount due, total amount paid, payment method, payment date, delivery date, and delivery method. Additional information may be included on the receipt at the request of the purchaser.

Purchases

Promethean Music Publishing manages its own website to avoid incurring fees for online websites providing sale support. As a result, we use Google Forms to collect information pertaining to items purchased, interest in works, and other sale interactions between Promethean Music Publishing and its clients. The purchaser will be required to complete a Google Form when making purchases from our library of resources sold directly from Promethean Music Publishing. The purchaser will receive a copy of their Google Form responses as an automatically generated invoice/receipt for their purchase. Once the form is submitted, a representative from Promethean Music Publishing will provide an electronic message containing the order total and payment information to the purchaser. The purchaser then has one week to submit payment to Promethean Music Publishing before the order is voided. The purchaser may request additional time to pay for items purchased, but is solely responsible for initiating communication with Promethean Music Publishing within 7 days of receiving order confirmation to prevent the order being voided out of the system. Items ordered will not be sent until payment has been received from the purchaser. Once payment is received, Promethean Music Publishing will issue the purchaser their items through electronic delivery services, such as email or text message, as selected by the purchaser. 

Items that are purchased as customized resources, such as planners or gradebooks, will be delivered as soon as possible. An expected delivery date will be provided after payment has been received from the purchaser. We strive to provide these resources within a week of payment receipt; however, this may be longer due to order volume or other factors outside our control. 

Items that are purchased as a stock resource, such as stand tunes sold directly by Promethean Music Publishing or other resources that do not need revisions, will be sent within one week of receipt of payment. 

Refunds will not be issued for items provided and services rendered. 

Copyrights

Items obtained through this page are not free from copyright laws. All items are the intellectual and creative property of Promethean Music Publishing, and all copyrights are reserved. Improper procurement and/or distribution of any work or item that is the creative property of Promethean Music Publishing and its affiliates may be punishable by law.

Stand tunes sold through third party vendors: All copyright laws that pertain to that particular website must be upheld. If the third party vendor allows the purchaser to duplicate items ordered, it is permissible. It is the responsibility of the purchaser to understand all copyright laws for music and by as outlined by the third party vendor. Stand tunes that are published and listed through third party vendors will not be sold privately by Promethean Music Publishing

Stand tunes sold through Promethean Music Publishing: All musical works sold directly from Promethean Music Publishing are protected by copyright laws. Reproduction in any manner is prohibited except with the express written consent and signature of the composer or a representative of Promethean Music Publishing. Music purchased from Promethean Music Publishing may be printed, copied, and distributed for the one school or organization that purchased the music. According to purchase agreements, the band director or music educator is a representative of the organization, and therefore cannot take the music with him/her should they change schools in the future. In the event the director/educator purchased music from a personal account, the director may take that purchased music with them to their new location contingent upon the destruction of all copies used at their previous location(s). In the event a director/educator changes schools, a new copy of music must be purchased for the music to be used either (a) at the director's new location [when the music was purchased by a school/organization account] or (b) at the school/organization the director is leaving [when the director made the purchase from a personal account]. Violation of these policies may result in legal action. 

Original marching band shows: All musical works sold directly from Promethean Music Publishing are protected by copyright laws. Reproduction in any manner is prohibited except with the express written consent and signature of the composer or a representative of Promethean Music Publishing. Music purchased from Promethean Music Publishing may be printed, copied, and distributed for the one school or organization that purchased the music. According to purchase agreements, the band director or music educator is a representative of the organization, and therefore cannot take the music with him/her should they change schools in the future. In the event the director/educator purchased music from a personal account, the director may take that purchased music with them to their new location contingent upon the destruction of all copies used at their previous location(s). In the event a director/educator changes schools, a new copy of music must be purchased for the music to be used either (a) at the director's new location [when the music was purchased by a school/organization account] or (b) at the school/organization the director is leaving [when the director made the purchase from a personal account]. Marching band show tunes must be purchased as a set; however, the director may, at his/her discretion, use only select movements from the show. Use of the show in any other form, including reproduction of the tunes, writing variations of the movements or select sections of a movement, or any other replication of the ideas and mechanisms presented in the show is not permissible according copyright laws without the express written consent and signature of the composer himself. Variations of original shows that are already published to our website may be produced by the original copyright owner and Promethean Music Publishing business owner, Joseph Whitt, at the request of the purchaser. Additional fees may incur. Violation of these policies may result in legal action. 

Instructional resources: All instructional resources sold directly from Promethean Music Publishing are protected by copyright laws. Reproduction beyond the limitations set forth below is strictly prohibited without the express written consent and signature of a representative of Promethean Music Publishing. Permissions include the following: (1) the purchaser may print copies of instructional resources for his/herself and students under their immediate instruction; (2) the purchaser may only use materials at another school or organization if s/he made the original purchase using a personal account for payment; (3) purchases made using a school or organization payment method are the property of that organization and cannot be used by any individual or organization outside of that program; (4) digital copies may be used for/by students directly under the instruction of the purchaser; (5) electronic copies may not be published on websites where individuals outside the purchasing organization can access and use them freely; (6) the purchaser may not distribute items to any individual(s) outside the organization, including to previous organization members or affiliates; (7) if the purchaser wishes to share instructional resources outside of the immediate organization and its current members, additional copies of the resource must be purchased; (8) when the purchaser leaves their current employment location, copies purchased personally by the buyer cannot be left for others' use nor can the purchaser take with them products purchased with funds from another individual/organization. Violation of these policies may result in legal action. 

Planning resources: All planning resources sold directly from Promethean Music Publishing are protected by copyright laws. Reproduction beyond the limitations set forth below is strictly prohibited without the express written consent and signature of a representative of Promethean Music Publishing. Permissions include the following: (1) the purchaser may print copies of planning resources for his/herself and students under their immediate instruction; (2) the purchaser may only use materials at another school or organization if s/he made the original purchase using a personal account for payment; (3) purchases made using a school or organization payment method are the property of that organization and cannot be used by any individual or organization outside of that program; (4) digital copies may be used for/by the purchaser or any student under his/her instruction; (5) electronic copies may not be published on websites where individuals outside the purchasing organization can access and use them freely; (6) the purchaser may not distribute items to any individual(s) outside the organization, including to previous organization members or affiliates; (7) if the purchaser wishes to share instructional resources outside of the immediate organization and its current members, additional copies of the resource must be purchased; (8) when the purchaser leaves their current employment location, copies purchased personally by the buyer cannot be left for others' use nor can the purchaser take with them products purchased with funds from another individual/organization. Violation of these policies may result in legal action. 

Beliefs and Values

Items that are linked to third party vendors: The vendor is not a representation of the beliefs or values of Promethean Music Publishing, hereunto referred to as PMP; likewise, PMP is not a representation of the beliefs and values of any third party vendor. PMP has no direct ties to any third party vendor that may serve as a retailer for arrangements or other products of PMP representatives and employees. Third pary vendors serve as a "middle man" to help in the sales and distribution of copyrighted materials arranged by employees or representatives of PMP. PMP receives no sales commissions from the third party vendors except for sales that were/are the creative property of PMP or its representatives. PMP is not legally responsible for any copyright violations incurred as a result of failure to adhere to appropriate policies or law on the part of third party vendors. Arranged works or other products that are linked to third party vendors may be removed at any time by request of the original copyright holder, the arranger, or the third party vendor. If this should occur, the client should consider the work unavailable until such a time that the permissions are reinstated for sale of these works and they are available for purchase through the third party vendors once again. Items that are listed for sale by PMP or its affiliates through a third party vendor may not be purchased outside of the vendor linked to the item above.