Ghostproducer Terms and Conditions

Welcome to the Ghostproducer website (the "Site") a child website of My Ghost Market Limited based on Gibraltar. Ghostproducer provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

USE OF SITE

You represent and warrant that you are at least 13 years old or visiting the Site under the supervision of a parent or guardian.

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Gibraltarian law or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

REVIEWS AND COMMENTS

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non- confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Ghostproducer, or its affiliates. The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to Ghostproducer, or its affiliates. All software used on this Site (the "Software") is the property of Ghostproducer, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by Gibraltar and international copyright laws. Ghostproducer and other logos, design logos, taglines, slogans, trade names or words are registered trademarks, trademarks or service marks of Ghostproducer, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in Meta tags without prior explicit consent.

RISK OF LOSS; OTHER TERMS OF SALE

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale, which you may access here (http://www. ghostproducer.io ) (and on the WebPages to which that webpage links).

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

INTERNATIONAL ACCESS This Site may be accessed from countries other than the Gibraltar. This Site may contain products or references to products that are not available outside of the Gibraltar. Any such references do not imply that such products will be made available outside the Gibraltar. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

REMEDIES

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

APPLICABLE LAW

This site is created and controlled by us in the Gibraltar. As such, the laws of the Gibraltar will govern these terms, and conditions, without giving effect to any principles of conflicts of laws.

REFUND POLICY

Ghostproducer will reserve the right of not refunding any sale. Ghostproducer may refund the sale in the case that the track is a duplicate or illegal under petition. In such a case Ghostproducer will not be responsible for refunding the full cost of the track, but will make a definite effort to make the seller refund the Price of the track directly to the buyer.

DISPUTES

Any dispute relating in any way to your visit to the Site or to the products you come across through the Site shall be submitted to confidential arbitration in Gibraltar, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Gibraltar. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the state and federal courts of Gibraltar. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the Gibraltarian Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

SEVERABILITY

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

SELLER AGREEMENT

1. Introduction

1.1 We are committed to protect the rights of the buyers and sellers; in this agreement we are going to establish how we are going to treat the rights and responsibilities of the seller (from now on referred to as producer), as well as the rights of Ghostproducer Ltd (from now on referred to as Ghostproducer).

1.2 This agreement between Ghostproducer and the producer will have to be read, understood and accepted in its totality in the process of registering as a producer user


2. Rights and responsibilities of the producer

2.1 The following will be the seller’s rights:

  • (a) a percentage of the selling price of the track
  • (b) being able to edit the track and his information with the approval of Ghostproducer;
  • (c) being able to remove your track with the approval of Ghostproducer;
  • (d) being notified of changes in this agreement via the website with a time limit of 7 business days.

2.2 The seller agrees to:

  • (a) upload unique tracks, that do not contain any plagiarism or non-authorized materials that are sold exclusively through the Ghostproducer platform:
  • (b) cede all the copyrights from any tracks uploaded to his account to Ghostproducer for a period of 6 months to be sold;
  • (c) do not under any circumstance claim to be the original author, original owner or original creator of the track;
  • (d) transfer all the copyrights for the track to the buyer irreversibly. In this way the buyer will become the sole owner of the track and may use the track in whichever way he wants. He may present himself as the owner and exploit it commercially in whichever way and in whichever medium he wants.

3. Rights of Ghostproducer

3.1 Ghostproducer reserves the rights to:

  • (a) change the price policy (price of any track uploaded by the producer);
  • (b) change the distribution of commissions between the producer and Ghostproducer;
  • (c) cancel the publication of tracks;
  • (d) remove tracks that have been published;
  • (e) edit any and all information concerning the track;
  • (f) modify this agreement at any time.

3.2 In the case of plagiarism or non-authorized use of any type in any track of the producer’s account all the responsibility will lie on the producer and not on Ghostproducer.

CUSTOM TRACKS

(a) The client must make a payment at the beginning of the order from the 50% of the total price, this payment is irrevocable, without return options. Only we will refund this payment as exception, when the producer don't display correct behavior in the order (long time for feedback, low quality work, etc). In case of complaint, by either party, we will resolve in favor of the affected.

(b) The producer will be receive the payment when the client accept for finalized the track. If the client finally don’t like the final version of the track, he will able to rejected the order. In this case, the producer will receive only his commission from the 50% paid for the client at the beginning of the order.

(c) Ghostproducer.io will able to take action and moderate in each order, as well as determine about issues and problems from that track.

(d) When the client start with an order, if the first sample track don’t like him, he have right to hear a second sample track (rejecting the first sample track Heard).

(e) The producer will able to rejected the order for any reason. In that case, the 50% advance payment, will be refunded to the client.

(f)The client will able to rejected the order for any reason. In that case, the 50% advance payment, won't be refunded to him.

(g)The project files may contain external plugins. We are not responsable in case of you haven’t updated your DAW or plugins, or if you haven’t got certain plugin required to make run the project file.

(h) We will able to mediate in the work process at any time.

(i) When the producer accept an order, this implies:

  • The quality of his tracks, must be similar to his ready tracks shown in the marketplace.
  • If the client don't like the demo offered by the producer, the producer must do a second different demo.
  • The producer must be do the reviews needed.
  • The producer is committed to fulfill all that offered in his shop.
  • The producer must (or try) meet the deadline determined by him.

COMPANY’S DETAILS

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to our email, hello@ghostproducer.io

hover this area to show the player