Terms of Use and Sales Agreement

Last Updated: June 23, 2026

Welcome to kyleholcombe.com (the "Website"). These Terms of Use and Sales Agreement ("Terms") govern your access to and use of the Website, including the purchase of digital products, physical merchandise, music, and related content offered by Kyle Holcombe ("Kyle Holcombe," "we," "us," or "our").

By accessing this Website or purchasing any products through it, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

1. Eligibility

You must be at least 18 years old, or have permission from a parent or legal guardian, to use this Website and purchase products.

By placing an order, you represent that you have the legal capacity to enter into a binding agreement.

2. Intellectual Property

All content available through this Website, including but not limited to:

  • Music recordings
  • Lyrics
  • Videos
  • Artwork
  • Photography
  • Logos
  • Graphics
  • Website design
  • Written content

is owned by Kyle Holcombe or used under appropriate license and is protected by copyright, trademark, and other intellectual property laws.

Except as expressly permitted, you may not:

  • Copy
  • Reproduce
  • Redistribute
  • Sell
  • Modify
  • Create derivative works from
  • Publicly display or perform

any content from this Website without prior written permission.

3. Permitted Use

You may use this Website solely for personal, lawful, non-commercial purposes.

You agree not to:

  • Violate any applicable law
  • Interfere with Website operation
  • Attempt unauthorized access to systems or accounts
  • Upload malicious code or viruses
  • Scrape, harvest, or collect user information
  • Use automated systems to access the Website without authorization

4. User Accounts

Certain features may require account creation.

You agree to:

  • Provide accurate information
  • Maintain the security of your account
  • Keep your password confidential
  • Notify us promptly of unauthorized account activity

You are responsible for all activity occurring under your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

5. Products and Services

Products available through this Website may include:

  • Digital music downloads
  • Physical merchandise
  • Apparel
  • Collectibles
  • Artwork
  • Other artist-related products

Product availability may change at any time without notice.

We reserve the right to discontinue products or modify offerings at our discretion.

6. Pricing

All prices are listed in U.S. Dollars unless otherwise stated.

We reserve the right to:

  • Change prices
  • Correct pricing errors
  • Modify promotions
  • Cancel orders affected by obvious pricing mistakes

Applicable taxes and shipping charges may be added during checkout.

7. Orders

Submission of an order does not guarantee acceptance.

An order is accepted only when:

  • Payment is successfully processed, and
  • We send confirmation that your order has been accepted or shipped.

We reserve the right to:

  • Refuse any order
  • Limit quantities
  • Cancel orders suspected of fraud
  • Cancel orders due to inventory issues or pricing errors

If we cancel an order after payment has been received, we will issue a refund.

8. Payment

We may accept payment through:

  • Credit cards
  • Debit cards
  • PayPal
  • Apple Pay
  • Google Pay
  • Other approved payment methods

By submitting payment information, you represent that:

  • You are authorized to use the payment method provided.
  • Sufficient funds are available.

Payment processing may be handled by third-party providers. We do not store full payment card information.

9. Digital Products

Digital products include:

  • Music downloads
  • Audio files
  • Digital artwork
  • Downloadable content

Upon purchase, you receive a limited, non-transferable license for personal use.

You may not:

  • Redistribute digital products
  • Resell digital products
  • Upload purchased content to file-sharing services
  • Use purchased content for commercial purposes without permission

10. Digital Product Refund Policy

Due to the nature of digital products, all digital sales are generally final.

Refunds may be considered if:

  • The product is defective
  • The file cannot be downloaded
  • The file is materially different from its description

Refund requests must be submitted within fourteen (14) days of purchase.

11. Physical Merchandise

We strive to accurately describe all merchandise.

Colors and appearance may vary slightly due to:

  • Photography
  • Display settings
  • Manufacturing differences

Availability is not guaranteed until shipment.

12. Shipping

Shipping estimates are provided for convenience only.

Delivery times may be affected by:

  • Carrier delays
  • Weather
  • Holidays
  • Supply chain disruptions
  • Circumstances beyond our control

We are not responsible for delays caused by shipping carriers.

13. Incorrect Shipping Information

Customers are responsible for providing accurate shipping information.

We are not responsible for:

  • Lost packages
  • Delayed packages
  • Returned shipments

resulting from incorrect addresses submitted during checkout.

Additional shipping charges may apply if reshipment is required.

14. Returns and Exchanges

Physical merchandise may be eligible for return or exchange within fourteen (14) days of delivery.

Returned merchandise must:

  • Be unused
  • Be unworn
  • Be unwashed
  • Be in original condition
  • Include original packaging where applicable

Customers are responsible for return shipping costs unless the return results from our error.

15. Damaged or Incorrect Orders

If your order arrives:

  • Damaged
  • Defective
  • Incorrect

please contact us within seven (7) days of delivery.

We may request photographs or additional information to verify the issue.

After verification, we may:

  • Replace the item
  • Exchange the item
  • Issue a refund

at our discretion.

16. International Orders

International customers are responsible for:

  • Customs duties
  • Import taxes
  • VAT
  • Brokerage fees

required by their country.

These charges are not included in product prices or shipping fees unless specifically stated.

17. Disclaimer

The Website and all products are provided "as is" and "as available."

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement

We do not guarantee that the Website will always be:

  • Available
  • Error-free
  • Secure
  • Uninterrupted

18. Limitation of Liability

To the fullest extent permitted by law, Kyle Holcombe shall not be liable for:

  • Indirect damages
  • Consequential damages
  • Incidental damages
  • Special damages
  • Lost profits
  • Lost revenue
  • Loss of data

arising from use of the Website or any products purchased through it.

Our total liability shall not exceed the amount paid by you for the product giving rise to the claim.

19. Indemnification

You agree to defend, indemnify, and hold harmless Kyle Holcombe from any claims, damages, losses, liabilities, costs, and expenses arising from:

  • Your use of the Website
  • Your violation of these Terms
  • Your violation of applicable law
  • Your infringement of any third-party rights

20. Termination

We may suspend or terminate access to the Website at any time if we reasonably believe:

  • You violated these Terms
  • Your conduct may harm other users
  • Your conduct may expose us to legal liability

Termination does not affect rights or obligations that arose before termination.

21. Privacy

Your use of this Website is also governed by our Privacy Policy.

By using the Website, you consent to the collection and use of information as described in that policy.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to conflict of law principles.

Any dispute arising from these Terms shall be resolved in the state or federal courts located in Iowa, and you consent to the jurisdiction of those courts.

23. Changes to These Terms

We may update these Terms periodically.

Changes become effective immediately upon posting to the Website.

Continued use of the Website after changes are posted constitutes acceptance of the revised Terms.

24. Contact Information

Questions regarding these Terms may be directed to:

Kyle Holcombe
Website: kyleholcombe.com
Email: kmholcombe@outlook.com