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Licensing Terms

Last Updated: May 3, 2025

1. Introduction

These Licensing Terms ("Terms") govern the rights granted to purchasers ("Licensees") of music and instrumentals ("Content") from producers ("Licensors") through the Phantomusic platform. These Terms are supplemental to, and incorporated into, the Phantomusic Terms of Service.

By purchasing Content through Phantomusic, you acknowledge that you are acquiring a license to use the Content as specified in these Terms and any additional terms set by the Licensor, not ownership of the Content itself.

2. Definitions

  • "Licensor" refers to the producer who has uploaded and offered Content for license through Phantomusic.
  • "Licensee" refers to the customer who has purchased a license to use Content through Phantomusic.
  • "License" refers to the rights granted to the Licensee to use the Content as specified in these Terms and any additional terms set by the Licensor.
  • "Exclusive License" refers to a license where the Licensor agrees not to license the same Content to any other party after the license is granted.
  • "Non-Exclusive License" refers to a license where the Licensor retains the right to license the same Content to other parties.

3. License Types

3.1 License Determination

The type of license (Exclusive or Non-Exclusive) and its specific terms are determined by the Licensor. Phantomusic does not set these terms but rather provides a platform for Licensors to define and offer their licenses.

3.2 Non-Exclusive Licenses

Unless specifically stated as an Exclusive License, all licenses sold through Phantomusic are Non-Exclusive Licenses. A Non-Exclusive License grants the Licensee the right to use the Content as specified in these Terms, while the Licensor retains all ownership rights and the ability to license the same Content to others.

3.3 Exclusive Licenses

An Exclusive License grants the Licensee exclusive rights to use the Content as specified by the Licensor. The exact terms of exclusivity must be clearly defined by the Licensor at the time of purchase. Unless otherwise specified, the Licensor retains copyright ownership of the Content even when granting an Exclusive License.

4. Scope of License

4.1 Basic Rights

Unless otherwise specified by the Licensor, a Non-Exclusive License grants the Licensee the following rights:

  • The right to use the Content in personal or commercial projects
  • The right to synchronize the Content with visual media
  • The right to publicly perform or display the Content

4.2 Restrictions

Unless explicitly permitted by the Licensor, a Non-Exclusive License does not grant the Licensee the right to:

  • Claim copyright ownership of the Content
  • Resell, redistribute, or sublicense the Content
  • Use the Content in a way that suggests endorsement by the Licensor
  • Use the Content for illegal purposes or in a defamatory manner
  • Modify or alter the Content in a way that diminishes its value
  • Use the Content in a way that competes with the Licensor
  • Register the Content with any content identification system (such as YouTube's Content ID)

4.3 Additional Terms

Licensors may specify additional terms, limitations, or rights beyond those outlined in these Terms. Any such additional terms must be clearly communicated to the Licensee at the time of purchase and will be considered binding.

5. License Duration

Unless otherwise specified by the Licensor, licenses granted through Phantomusic are perpetual, meaning they do not expire.

6. Credit and Attribution

Unless otherwise specified by the Licensor, the Licensee is required to provide appropriate credit to the Licensor when using the Content in public or commercial projects. The credit should be in the format specified by the Licensor or, if not specified, should include the Licensor's name and a reference to Phantomusic.

7. Ownership and Copyright

7.1 Retention of Rights

The Licensor retains all rights, title, and interest in the Content, including all copyrights and other intellectual property rights. The license granted to the Licensee is limited to the rights explicitly specified in these Terms and any additional terms set by the Licensor.

7.2 No Transfer of Ownership

The purchase of a license does not constitute a transfer of ownership or copyright. The Licensee is purchasing the right to use the Content under the terms specified, not the Content itself.

8. License Validation

The Licensee is responsible for maintaining proof of license purchase. This proof, along with these Terms and any additional terms specified by the Licensor, constitutes the complete license agreement.

9. Termination of License

9.1 Automatic Termination

The license will automatically terminate if the Licensee breaches any of these Terms or any additional terms specified by the Licensor. Upon termination, the Licensee must cease all use of the Content and destroy all copies of the Content in their possession.

9.2 Termination by Licensor

The Licensor may not terminate a properly purchased license unless the Licensee breaches the license terms or the Licensor has explicitly reserved the right to terminate the license under specific conditions, which must be clearly communicated to the Licensee at the time of purchase.

10. Dispute Resolution

10.1 Copyright Claims

Phantomusic is not responsible for resolving copyright disputes between users. If the Licensee believes that the Content infringes on third-party rights, they should contact the Licensor directly.

10.2 License Disputes

Any disputes regarding the interpretation or application of license terms should first be addressed between the Licensor and Licensee. If the dispute cannot be resolved, either party may seek resolution through the dispute resolution mechanisms specified in the Phantomusic Terms of Service.

11. Liability Limitation

11.1 No Warranty

The Content is provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

11.2 Licensor Responsibilities

The Licensor is solely responsible for the Content they upload and the license terms they set. The Licensor warrants that they have the right to license the Content under the terms offered.

11.3 Phantomusic's Role

Phantomusic serves solely as a platform connecting Licensors and Licensees. Phantomusic does not verify copyright ownership or review the Content for potential infringement. Phantomusic is not responsible for any disputes, claims, or liabilities arising from the use of the Content.

12. Modifications to Terms

Phantomusic reserves the right to modify these Licensing Terms at any time. Any changes will apply only to licenses purchased after the effective date of the changes. Licenses purchased before the effective date will be governed by the Licensing Terms in effect at the time of purchase.

13. Contact Information

If you have any questions about these Licensing Terms, please contact us at legal@phantomusic.com.