TERMS AND CONDITIONS

Welcome to the MGM website (the “site"), a web platform of My Ghost Market Limited. based on gibraltar. MGM provides services to you subject to the notices, terms, and conditions set forth in this agreement. In addition, when you use any of our services, 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.

1. Key terms

(1) “MGM” or “My Ghost Market” means My Ghost Market Limited. and all its products: EDMWarriors, PirateBeats and Ghostloops; (2) “Musical content”, “Musical items”, “Items” or “Products” means original and unique songs, tracks, beats, loops, samples, sounds, and other music production products and their corresponding files and formats, uploaded by third parties on MGM, including which uploads through the Custom service; (3) “Content” means any content uploaded by third-party Users, as graphics, texts, photography, musical items, etc; (4) “Custom service” or “Service” means MGM production service offered by third-parties through MGM; (5) “User” means users who browse our website; (6) “Seller” means music producer, musician and sound engineer users that offer and sell its Musical items and Services through MGM; (6) “Buyer” means users who purchase Items or Services from third-parties (Sellers) through MGM ; (8) “Rights” means all type rights derived from a creation (copyrights, royalty, rights of reproduction, etc); (9) “Site”, “Website” or “Platform” means all websites owned by MGM.

2. Use of site

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

2.2. 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 for the purpose of shopping and selling for personal and commercial use. Any breach of this agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.3. 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.

2.4. 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 Gibraltar 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.

3. Review 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 non-proprietary, 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.

4. 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.

5. 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 Gibraltar you are responsible for complying with your local laws and regulations.

6. 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.

7. 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.

8. ***Applicable law

The current general terms and conditions are regulated by Europe law and shall be construed and applied accordingly, regardless of the country of origin of the user and My Ghost Market jurisdiction.

9. Opening and account

To become a User and access the Site and Services you must register for an “Account.” You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.

10. Disputes

As far as possible, the discrepancies derived from the interpretation and/ or application of the current terms and conditions shall be resolved by the Courts of Málaga, Spain, regardless of the country of origin of the user and My Ghost Market jurisdiction.

12. Intellectual property

(a) All text, graphics, button icons, images, audio clips, musical items, and software (collectively, "Content"), belongs exclusively to MGM, or its affiliates. The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to MGM, or its affiliates. All software used on this Site (the "Software") is the property of MGM, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by Gibraltar and international copyright laws. MGM and other logos, design logos, tag-lines, slogans, trade names or words are registered trademarks, trademarks or service marks of MGM, 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.

(b) MGM is not responsible for covers, image profile, text, music or musical items uploaded by third parties. User represents that User has all necessary rights to any content uploaded, posted or otherwise published to MGM and that User is not infringing or violating any third party’s rights by posting it. User agrees that if any third party brings a claim against MGM related to content that user posts, then, to the extent permissible under international intellectual laws, user will indemnify and hold MGM harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim. MGM reserves the right to handle any potential legal defenses under this indemnification agreement however MGM sees fit.

(c) MGM 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. MGM 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 musical content, including any claims arising from the authenticity, completeness, or originality of the musical content. Except where expressly stated to the contrary, MGM 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.

(d) If User believes that material residing on or accessible through MGM infringes a copyright, User may send a notice of infringement via email to hello@myghostmarket.com, 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 MGM service or MGM 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.

13. Third-party materials on the website

This Website may contain materials submitted by third-parties, including but not limited to User Content and advertisements. MGM has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall MGM be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.

14. Indemnification

You agree to indemnify, defend and hold harmless MGM, it officers, managers, members, employees, agents, attorneys, affiliates, successors and assigns, from and against any liability, loss, claim, investigation, settlement, judgment, proceeding, cost and expense, including without limitation reasonable attorneys’ fees and disbursements, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of these Terms of Use or any applicable state or federal law; or (b) your infringement of any copyright or intellectual property rights of any person or entity; or (c) your use of the Website. This provision shall survive the termination of these Terms of Use for any reason.

15. Guarantee of funds

  • (a) MGM is not a bank or other licensed financial institutions and does not provide banking services.
  • (b) The amounts shown as on deposit, in a User Account are not segregated into a separate account but represent unsecured obligations of MGM to the User with respect to the purchase and sale of Services through MGM.
  • (c) MGM is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent.
  • (d) Amounts transferred through or stored in the payment service are not insured or guaranteed deposits.

16. Taxes

Users are responsible for paying any taxes, including any goods and services or value added taxes for services you acquire or services you perform.

17. Limitation of liability

In no event will MGM, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

18. 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.

19. Credit card statement

You can identify your purchase on your credit card statement with the following descriptor: "ALW * ghostproducer8882551137".

20. Company’s details

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this site to our email, hello@myghostmarket.com

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