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Terms of Service

Last Updated: May 3, 2025

1. Introduction

Welcome to Phantomusic. These Terms of Service ("Terms") govern your access to and use of Phantomusic's website, services, and applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Phantomusic is a global platform that facilitates the buying and selling of music and instrumentals between producers and customers worldwide. We provide the marketplace, but we are not responsible for the content created, uploaded, or sold by users.

2. Definitions

  • "Phantomusic," "we," "us," or "our" refers to Phantomusic, the company that operates the platform.
  • "User," "you," or "your" refers to any individual or entity using our Services.
  • "Producer" refers to any User who uploads and sells music or instrumentals through our Services.
  • "Customer" refers to any User who purchases music or instrumentals through our Services.
  • "Content" refers to music, instrumentals, audio files, text, graphics, images, or any other material uploaded, downloaded, or appearing on our Services.

3. Account Registration

3.1 Account Creation

To use certain features of our Services, you may need to create an account. You must provide accurate, current, and complete information during the registration process and keep your account information updated.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Age Requirement

You must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater, to create an account and use our Services.

4. Platform Operation

4.1 Buying and Selling Music

Phantomusic provides a platform where Producers can upload and sell their music and Customers can browse and purchase these works. We facilitate these transactions but are not a party to any transaction between Users.

4.2 Revenue Split

For each sale completed on our platform, the Producer will receive 80% of the sale price, and Phantomusic will retain 20% as a service fee. This split applies to all transactions unless otherwise specified in a separate written agreement.

4.3 Payment Processing

We use Stripe as our payment processor. All payments are processed in US Dollars. By making a purchase, you agree to Stripe's terms of service.

4.4 Refunds

Refund policies are set by individual Producers. Phantomusic does not guarantee refunds for any purchase. Any refund requests should be directed to the Producer.

5. User Conduct

5.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws or regulations
  • Infringing on the intellectual property rights of others
  • Uploading content that contains viruses or malicious code
  • Impersonating another person or entity
  • Harassing, threatening, or intimidating others
  • Using our Services for any illegal purpose
  • Attempting to gain unauthorized access to our systems
  • Interfering with the proper functioning of our Services
  • Scraping or collecting data from our Services without permission
  • Creating multiple accounts for abusive purposes

5.2 Content Guidelines

All Content uploaded to Phantomusic must:

  • Be original or properly licensed
  • Not infringe on any third-party rights
  • Not contain hateful, violent, or explicit material
  • Not promote illegal activities
  • Comply with our Content policies

6. Intellectual Property

6.1 Platform Content

The Services, including all design, text, graphics, logos, icons, images, audio clips, digital downloads, and software, are owned by Phantomusic or its licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 User Content

Producers retain ownership of the Content they upload to our Services. By uploading Content, Producers grant Phantomusic a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, and display the Content solely for the purpose of operating and promoting the Services.

6.3 Content Removal

We reserve the right to remove any Content that violates these Terms or for any other reason at our sole discretion.

7. Limited Liability

7.1 Intermediary Status

Phantomusic is an intermediary platform and not responsible for:

  • The quality, safety, legality, or accuracy of Content on our Services
  • The conduct of Users on our platform
  • Any disputes between Users
  • Any copyright infringement claims related to Content uploaded by Users

7.2 Limitation of Liability

To the maximum extent permitted by law, Phantomusic shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Your use of or inability to use our Services
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from our Services
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services

8. Account Suspension and Termination

8.1 Suspension

We may suspend your account if:

  • You violate these Terms
  • You engage in fraudulent activity
  • We receive multiple complaints about your Content or conduct
  • We detect suspicious or unauthorized account activity
  • We are required to do so by law

8.2 Termination

We may terminate your account for repeated or severe violations of these Terms. Upon termination:

  • You will lose access to your account and Content
  • Any pending sales or purchases may be canceled
  • You will not be entitled to a refund of any fees already paid

8.3 Appeal Process

If your account has been suspended or terminated, you may appeal the decision by contacting our support team.

9. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

10. Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Phantomusic is registered, without regard to its conflict of law provisions.

10.2 Arbitration

Any dispute arising out of or relating to these Terms or our Services shall be resolved by binding arbitration, except that you may assert claims in small claims court if your claims qualify.

10.3 Class Action Waiver

You agree that any proceedings to resolve disputes will be conducted on an individual basis and not in a class, consolidated, or representative action.

11. International Use

Our Services are operated from our headquarters location. We make no representation that our Services are appropriate or available for use in other locations. If you access our Services from a location outside of our headquarters jurisdiction, you are responsible for compliance with all local laws.

12. Contact Information

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

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

14. Entire Agreement

These Terms constitute the entire agreement between you and Phantomusic regarding our Services and supersede all prior agreements.