Terms of service
Buyers and Sellers must read & accept those terms before performing any transaction
1. Key Terms
Ghostunderground.com is an online platform that facilitates the buying and selling of custom made Musical Compositions for users of our services and provides various music producing services (collectively, “Services”), which Services are accessible at ghostunderground.com (hereafter “Website”).”Content” means text, graphics, images, music, software, audio, video, information or other materials contained on the Website, including any Musical Compositions or Content uploaded by User.
“Musical Compositions” means music or sounds, including any accompanying words, recorded or composed by the use of musical instruments, computer programs and/or any other sound production equipment, digital, analog or otherwise.
“User” or “Users” mean a person over the age of 18 who uses, visits, browses, or accesses the Website and its Services, and/or registers for an online account with ghostunderground.com. By using, visiting, browsing or accessing the Website or Services, User represents and warrant that User is 18 or older.
“User’s Jurisdiction” means the local geographic area, comprising of the municipality, city, county, the whole of the state, or any part of the State, where User accesses our services, over which legal authority extends and where such legal authority may exercise all or any of its powers under the law.
“Service” or “Services” mean services provided by ghostunderground.com for facilitating the buying and selling of custom made Musical Compositions, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.
2. Terms of Service
If User does not agree to these Terms, the User has no right to obtain information from or otherwise continued using the Website or Services. Failure to use the Website or Services in accordance with these Terms may subject User to civil and criminal penalties.
3. Changes to the Terms of Service
5. Refund Policy
By purchasing products via our Website, User agrees to the terms of our Refund Policy:
Any returns are not possible due to the following characteristics of the products we offer:
- Digital. Digital products can not be returned as physical ones. We can not guarantee that the copy of the product purchased will be completely removed from the buyer’s computer.
- Exclusive. Each track is sold only once. You receive a track inclusive all Stems in high-resolution format, this forfeits our exclusivity agreement with the producer for one thing.
- Listenable. You can listen to a track from start to finish before you decide to purchase it. All the audios on the website are full-length demos of corresponding tracks. You know exactly what You are buying.
We thoroughly check all our Producers and tracks published by them to meet the fundamental rules and agreements. Unfortunately, we can not be 100% sure, that a particular track has not been published earlier somewhere else or has not been made with the use of unauthorized samples.
If You found out that a Producer violates the agreement and You have proofs to argue that, You should contact us within 48 hours since the purchase has been made. This is the only way to get a refund.
By contacting us, please make sure that Purchase ID and Track ID are included along with all the necessary proofs and links.
6. Intellectual Property
6.1. User represents that User has all necessary rights to any content uploaded, posted or otherwise published to ghostunderground.com and that User is not infringing or violating any third party’s rights by posting it.
6.2. USER AGREES THAT IF ANY THIRD PARTY BRINGS A CLAIM AGAINST GHOSTUNDERGROUND.COM RELATED TO CONTENT THAT USER POSTS, USER WILL INDEMNIFY AND HOLD GHOSTUNDERGROUND.COM HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM. WE RESERVE THE RIGHT TO HANDLE ANY POTENTIAL LEGAL DEFENSES UNDER THIS INDEMNIFICATION AGREEMENT.
6.3. User grants ghostunderground.com a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of any Content. Content may be used to provide ghostunderground.com services and to promote ghostunderground.com, Content, or the Services in general, in any formats and through any channels, including across any Services or third-party website or advertising medium.
6.4. ghostunderground.com and its affiliates do not represent, warrant or guarantee the truthfulness, authenticity, accuracy, quality or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via our services. ghostunderground.com and its affiliates do not endorse any opinions expressed in or through any such Content. User agrees that User must evaluate and bear all risks associated with uploading or purchasing any Content, including any claims arising from the authenticity, completeness, or originality of the Content. Except where expressly stated to the contrary, ghostunderground.com possesses the immediate right, but not the obligation, to edit or remove any Content from the Website at any time and/or terminate User’s ability to access the Website and/or our services without notice, at its sole discretion.
6.5. The Website, including without limitation all uploaded Content and all intellectual property rights in and to the same, is owned by or licensed to ghostunderground.com, its affiliates, or our third-party content providers. User must not modify, decompile, or reverse engineer any software that ghostunderground.com or its affiliates discloses to User, and User must not remove or modify any copyright or trademark notice, or other notice of ownership. Unless User has purchased or legally obtained rights to Content, User acknowledges and agrees that no right, title or interest in any Content is transferred to User as a result of the use of Content, the Website, or any services provided or otherwise made available via the Website.
7. Copyright Infringement
7.1. ghostunderground.com does not own the musical compositions, sound recordings, art or other written or visual images (collectively, the “Content”) posted by third parties to the Website. All Content is posted by an individual, group or company (collectively, the “Artist”) who has represented and warranted to ghostunderground.com that, among other things, neither the Content nor the names, trademarks and service marks under which Content is promoted (collectively, the “Name”) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights. Buyers are subject to clear any samples on any composition purchased.
7.2. User represents that User has all necessary rights to any Content uploaded, posted or otherwise published to ghostunderground.com and that User is not infringing or violating any third party’s rights by posting it. ghostunderground.com makes no warranties or representation as to whether or not Content uploaded by Users violates intellectual property laws.
7.3. If User believes that material residing on or accessible through ghostunderground.com infringes copyright, User may send a notice of infringement via email to [email protected], which must include all of the following required information:
- A physical or electronic signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon;
- Specific identification of each alleged infringement of copyrighted work;
- A description of the specific location of the material that is allegedly infringed upon on the ghostunderground.com website to find the claimed copyrighted work. Please be as specific as possible and provide a URL to help locate the material that is believed to be copyrighted;
- Contact information for the complaining party, including: the full name of the intellectual property owner, address, telephone number, and email address as well as contact information for the notifying party, including: name, address, telephone number and email address;
- A statement that the notifying party has a good faith belief that the use of the work(s) in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifying party is authorized to make the complaint on behalf of the copyright owner.
If User misrepresents that material is infringing, User may be liable for damages (including costs and attorney’s fees). Therefore, if the User is not sure whether the material is infringing, please contact an attorney before submitting a notice to ghostunderground.com. Fraudulent or abusive notices or other misuses of ghostunderground.com’s Intellectual Property Policy may result in account termination or other legal consequences.
7.4. If User has a good faith belief that material removed or disabled as a result of a notification of copyright infringement to ghostunderground.com involved a misidentification or mistake, User may send a counter-notice via email to [email protected] which must include all of the following required information:
- User’s physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, with sufficient detail;
- A statement made under penalty of perjury that User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- User’s name, address, telephone number, and email address, and a statement that User consents to the jurisdiction of the Federal Court for the judicial district in which User is located, or if User’s address is located outside the United States, for any judicial district in which ghostunderground.com is located, and that User will accept service of process from the person who provided the original notification or an agent of such person;
If User misrepresents that material is not infringing, User may be liable for damages (including costs and attorney’s fees). Therefore, if the user is not sure whether or not the material is infringing, please contact an attorney before submitting a counter-notice to us.
7.5 Governing Law
Any claim, cause of action or dispute (claim) User may have with us arising out of or relating to ghostunderground.com shall be resolved exclusively in the FRANCE court, and User agrees to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of FRANCE will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
8. Seller & Buyer Agreement
The service offered by ghostunderground.com is to enable a contract between buyer and seller through a platform in the best possible conditions for both. In this way, the responsibility to legally fulfill the contract rests solely on seller and buyer.
We are committed to protecting 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 and buyer, as well as the rights of Ghost Underground.
1. All Ghost Underground terms and this agreement between seller, buyer and Ghost Underground will have to be read, understood and accepted in its totality in the process of registering as a user of the platform.
2. The Ghost Underground website is an online venue where users buy and sell services and items. Buyers and sellers must register for an account in order to buy or sell seller services and/or items. The website enables users to work together online to complete and pay for Projects, buy and sell items and use the services that we provide. We are not a party to any contractual agreements between buyer and seller in the online venue, we merely facilitate connections between the parties.
3. Ghost Underground is an intermediary platform. Ghost Underground is not responsible for fraudulent actions, made by third parties through Ghost Underground.
4. Ghost Underground is not responsible for poor quality services, poor quality items, or differences between announced and received item or service, by third parties through Ghost Underground.
5. Ghost Underground function is to unite buyers and sellers in a meeting point, and to do it with the best guarantees for both, once this is fulfilled, Ghost Underground responsibility ends. Any post-purchase issues will be resolve between buyer and seller.
6. The Ghost Underground service and all content and software associated therewith, or any other features or functionalities associated with the website or services, are provided “as is” and “as available” with all faults and without warranty of any kind. Ghost Underground does not guarantee, represent, or warrant that use of the website or service will be uninterrupted or error-free. Ghost Underground is not liable for any loss of profit (whether insured directly or indirectly), any loss of goodwill of business reputation, any loss of opportunity or any loss of data suffered through the use of or inability to use the website or services. Ghost Underground specifically disclaims liability for the use of third party applications and other software in connection with the Ghost Underground service. User uses the services solely at the user’s own risk. Ghost Underground may discontinue the website or portions thereof at any time, without notice.
7. Ghost Underground may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. Ghost Underground is not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.
8. Ghost Underground has no responsibility whatsoever over intellectual property problems, derived from our activity.
9. The use of our products will be made under the current intellectual property law, which buyers must know and respect. In this way, we are not responsible for the use of our sold products, or for the damages, problems or disagreements derived.
10. We do not offer legal advice on intellectual property. If you want to know more about the intellectual property law, and the use that can be given to our products, through it, consult a specialist lawyer before buying our products.
11. All our products and their use must be in accordance with the law of intellectual property, all our texts, commercials and advertisements, are conditioned by this law. Do not obviate the law or misunderstand it.
2. Rights and responsibilities of the seller
2.1 Rights of seller:
(a) A percentage of the selling price of his sold musical content is due to ghostunderground.com (“Seller fee”) following this scale of fees:
0-10 tracks sold : 22%.
11-20 tracks sold: 21%.
21 tracks and more sold : 20%.
This payment always will be received once his musical content has been sold.
(b) Being able to edit the musical content and his information with the approval of Ghost Underground.
(c) Being able to remove his musical content with the approval of Ghost Underground, .
(d) To be able to withdraw the profits obtained with his activity, in a period of time of between 1-2 days normally. This withdrawal will be made through the options that we have available and activated (paypal or wire transfer). And additional fee of 9€ is due to ghostunderground.com for any Wire transfer.
(e) Musical content uploaded may content samples of original songs, provided the original name of the artist and the song is indicated and the sample used has been cleared.
(f) Musical content uploaded may content COMPLEMENTARY free library samples (not complete loops as melody, chords, riffs, etc).
2.2 The seller agrees to:
(a) It is his responsibility to upload, offer and sell any musical item or service through Ghost Underground.
(b) Understands that Ghost Underground is only an intermediary.
(c) Understands that Ghost Underground is not responsible for fraudulent actions by third parties.
(d) Do not break any point agreed in all Ghost Underground agreements: upload musical item, confidential, custom service, intellectual property.
(e) Understands that he will be directly and personally liable under the law if he break any of the points of our terms and conditions. Therefore, he will have to face the law if a customer has a problem with some of his products, and if you have violated our rules, our team of lawyers will work with the customer to solve the problem caused to his (client) favor.
(f) Be legally bound not to make any direct or indirect manifestation of authorship of any musical item, before, during or after its publication or sale at Ghost Underground.
(g) Understands that the buyer has the right to act as the creator or complete author of the musical item sold.
(h) The seller has the responsibility to attend to the notifications and messages of Ghost Underground, as well as to use an updated email that he checks regularly. The seller is responsible for the possible consequences derived from the non-response of our notifications or messages.
This agreement extends to third-party users who indirectly witness any purchase of musical items on Ghost Underground.
All legal liability of the confidential agreement rests with the seller is the only one who can guarantee the agreement. Ghost Underground has no responsibility if the seller breaks the agreement.
3. Rights and responsibilities of the buyer
3.1 Rights of buyer:
(a) Receive the item for which he has paid.
(c) Receive the copyrights and property rights with an exclusive license for use, reproduction, and transformation, without limit, from the purchased item.
(e) Publish the work under his own name, pseudonym, brand, sign, or anonymously.
3.2. The buyer agrees to:
(a) It is his responsibility to purchase any musical item or service from third parties through Ghost Underground.
(b) Understands that Ghost Underground is only an intermediary.
(c) Understands that Ghost Underground is not responsible for fraudulent actions by third parties. He (buyer) may not legally prosecute Ghost Underground for any fraudulent action by third parties. Ghost Underground may help you report or go against a fraudulent seller, but Ghost Underground will have no liability.
(d) Understands once the item has been purchased, Ghost Underground responsibility ends. Any post-purchase copyright or any other issues must be resolved through an intellectual property lawyer, we can only mediate between seller and buyer.
4. Rights and responsibilities of Ghost Underground
4.1. Ghost Underground has the right to:
(a) Change without notice or permission: the price policy*, the distribution of commissions between seller and Ghost Underground, the price of any musical item published on Ghost Underground websites*, platform functions, and any user account information.
* Ghost Underground can decide at anytime to promote his catalogue through coupon codes or others marketing operations implying discount on product’s prices.
(b) Remove already published musical items for any reason.
(c) Reject the publication of any musical item or edit request on Ghost Underground for any reason.
(d) Reject the petition of changes in the musical item or user account on Ghost Underground for any reason.
(e) Edit, remove or add any information concerning the musical items or your user account for any reason.
(f) Cancel, freeze or delay a payment belonging to the seller for any reason.
(g) Cancel, freeze, or delay a payment belonging to the buyer for any reason.
(h) Ask and demand information concerning your musical items or your user account.
(i) Receive a share of fees paid by the third party of sold items.
(l) Manage the copyrights of all musical items uploaded to the marketplace through international intellectual property law, while the items are published on Ghost Underground.
(m) Ghost Underground reserves the right to change the terms and all legal contracts without notice. Such revisions shall be effective immediately; provided, however, for existing members, such revisions shall, unless otherwise stated, be effective 15 days after posting. All prior versions of Terms or any other legal contract published or otherwise promulgated by Ghost Underground are hereby replaced by the new versions.
(n) Sell products containing samples of original songs provided the original name of the artist and the song is indicated and the original sample has been cleared. In these cases, the value we offer is the variation or instrumentation around that sample. We do not offer the use and license of the original sample.
(o) Do not offer any warranty for items offered or sold by third parties through Ghost Underground.
(p) Renounce all liability related to the act by third parties on Ghost Underground.
(q) Cancel the purchase of a product before the final transfer of rights agreement has been signed by the seller.
4.2. Ghost Underground agrees to:
(a) Fulfill all points collected in our terms.
(b) Do not act fraudulently or in bad faith through our platform.
(c) Treat with care and respect the work of third parties.
5. Avoiding commissions
5.1. Ghost Underground requires you to make all payments to Ghost Underground and to make payments to and accept payments from other Users in the purchase and sale of Services for Ghost Underground projects directly through the mechanisms available on the Site.
5.2. You are strictly prohibited from attempting to negotiate the fee for a project with another user directly (outside of Ghost Underground) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without a Seller being chosen and then contacting them about the project anyway. Both parties are responsible for notifying Ghost Underground if the payment amount increases after the project is closed.
6. Buyer and Seller Agreement
By this contract, you as seller, agree and confirm that:
1. Give your consent to publish your work (for the first time) through ghostunderground.com.
2. Upload original, exclusive, unreleased and unique own musical content, that do not contain: any plagiarism content, non-authorized content, construction kits or free library content.
3. Transfer the management from any musical content uploaded to Ghost Underground while the content is published in the platform.
4. Transfer the exploitation, distribution, reproduction, sharing and transformation rights, under an unique and exclusive license, definitely, unlimited and irreversibly, to the buyer (the transfers of rights will have the same duration as the duration of the copyright).
In this way, the buyer of your product will have the right to:
5.1. Publish your work under his own name, pseudonym, brand, sign, or anonymously.
5.2. Exploit economically.
5.3. Play it anywhere or in any media.
5.4. Modify and alter the work.
6. Not release or publish the musical content that you are selling through Ghost Underground (before, during or after of the sale). All musical content you are selling through Ghost Underground is exclusive for us and his buyer.
7. Provide Ghost Underground with information, support, or additional files regarding any musical item offered or sold on Ghost Underground marketplace (mp3, wav, stems, instrumental versions, acapellas, project files, etc.), if necessary.
8. Accept that Ghost Underground can change the item price at any time; the price of each item can be increased or decreased; ghostunderground.com can include any items in special offers; Ghost Underground can negotiate with buyers the price of any item without consulting his seller. These actions can be performed at any time once an item is published, whenever it is for the purpose of obtaining sales at a reasonable price for all three parties (seller, buyer and Ghost Underground).
9. Understand that If you carry out an action that affects the clauses of this contract or other Ghost Underground contracts, or an action that affects the work sold and its buyer, you will have to compensate economically for the damages and losses to the holders of exploitation rights . As you understand, you have received an economic benefit for fulfilling the accepted in these clauses.
10. This contract and transaction is confidential. The seller agrees not publish officially the authorship of the song.
11. We will ask for your signature for the transfer of rights when the product is sold. It will be mandatory, to finalize the transaction and be able to make your withdrawal.