AFFORDABLE GHOST PRODUCTIONS TERMS OF USE

Welcome to Affordable Ghost Productions (herein “AGP”). AGP is an online platform that facilitates the selling of custom made Musical Compositions by AGP to registered AGP users. Musical Compositions consist of 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, analogue or otherwise.

By accessing www.AffordableGhostProductions.com (herein the “Website”) and its services, applications or tools (collectively referred to as "AGP") and/or registering for an online account with AGP you are agreeing to the following Terms of Use. These Terms of Use govern use of our service. As used in these Terms of Use, “AGP,” “our service(s)” or “the service(s)” means the services provided by AGP for facilitating the 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. If you are a resident of the United States (including its possessions and territories), you agree to the Class Action Waiver and Arbitration Agreement described in Section 11 to resolve any disputes with AGP (except for matters that may be taken to small claims court).

These Terms of Use constitute a legally binding agreement between you (herein “User”) and AGP and is effective as of _____ DATE OF WEBSITE’S CREATION_____ for current Users, and upon acceptance for new Users. By registering with AGP as a buyer of Musical Compositions or by otherwise accessing or using the AGP website, services, applications and/or tools, User accepts these Terms of Use.

1. Acceptance of Terms of Use

2. Changes to Terms of Use

a. These Terms of Use, which include our Privacy Policy described in Section 3 and any potential End User License Agreement contained elsewhere on the Website, govern use of the AGP service. By using, visiting or browsing the AGP service, User accepts and agrees to these Terms of Use. If User does not agree to these terms of Use, do not use the AGP service. The AGP service is provided by Electropreneurs LLC.

a. AGP may, from time to time, change the Terms of Use, including the Privacy Policy, and the End User License Agreement. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period.

3. Privacy Policy

a. AGP recognizes the importance of protecting the privacy of personal information

b. Personally-Identifiable Information. AGP may collect personally identifiable

c. As a general rule, AGP will not disclose any of User’s personally identifiable that may be provided to us by individual Users or viewers of AGP content online. Accordingly, we have adopted a privacy policy to govern how we treat such information. AGP may change this privacy policy from time to time, in its sole discretion, and any such changes will become effective when AGP posts the revised privacy policy online. User’s continued use of the Website indicates User’s consent to AGP's Privacy Policy and the most current version then in effect. information when User specifically and knowingly provides it to AGP, for example when User provides personal information such as User’s e-mail address, name, phone number or address or when User submits credit card information for payment of products.

i. AGP will use the personally identifiable information directly submitted by

User solely for the purpose for which User has provided it, whether it be to purchase uploaded content, subscribe to a service, request information, etc. We will only use and disclose the credit card information submitted by User as necessary to process User’s payment transactions. We may also use the information User provides to us to contact User for reasons related to User’s original communications to us.

Additionally, we may periodically send User promotional e-mails about existing or prospective products and services offered by AGP, as well as to obtain information to better understand our Users.

ii. AGP will not disclose any personally identifiable information about our current or former Users to anyone, except as permitted or required by law, or as described herein. AGP will endeavor to maintain physical, electronic, and procedural safeguards to protect the confidentiality of the information that we collect online. information except under one of the following circumstances: we have User’s permission; we determine in good faith that it is legally required to be revealed by any relevant statute, regulation, ordinance, rule, administrative or court order, decree, or subpoena; information revealed during the course of AGP's enforcement of the policies and procedures of this Web site; information that we determine must be disclosed to correct what we believe to be false or misleading information or to address activities that we believe to be manipulative, deceptive or otherwise a violation of law; where User is otherwise notified at the time we collect the data; where we need to share User’s information to provide the product or service User has requested; when disclosed to an affiliate of AGP or when such disclosure is made subject to confidentiality restrictions in connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise) of all or a portion of the business conducted by the Website to which the AGP privacy policy applies.

d. If User is located outside of the United States, please note that the information AGP may share the non-personally identifiable information that AGP gathers, in aggregate form only, with advertisers and other partners. User provides to us will be transferred to the United States. By using this Website, User consents to this transfer.

4. Communication Preferences

a. By using the AGP service, User consents to receiving electronic communications from AGP. These communications may involve sending emails to User’s email address provided during registration, or posting communications on the AGP service and is a part of User’s relationship with AGP. User agrees that any notices, agreements, disclosures or other communications that AGP sends to User electronically will satisfy any legal communication requirements, including that such communications be in writing. User should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. User also consents to receiving certain other communications from us, such as newsletters about new AGP features and content, special offers, promotional announcements and customer surveys via email or other methods. If User no longer wants to receive certain nontransactional communications, simply email AGP support to specify User’s AGP communication preferences.

5. Billing

a. Price Changes. We reserve the right to adjust pricing for our content or any

b. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR

c. Payment Methods. User agrees to pay for all products that User purchases components thereof in any manner and at any time as we may determine in our sole and absolute discretion. At its discretion, AGP may post charges individually and/or aggregate charges with other purchases made on the Website. Except as otherwise expressly provided for in these Terms of Use, any price changes will take effect following email notice to User. 

CREDITS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle User to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. through the Website. User is responsible for providing AGP with a valid payment method. AGP only accepts U.S. Dollars. If User is financially unable to pay for a custom Musical Composition, AGP reserves the right to formulate a Payment Plan for User to finance any purchased products. AGP reserves the right to calculate Payment Plan installments based on User account balances, average prices for similar Musical Compositions, and any other factors deemed relevant by AGP. Payment Plans will be implemented by AGP on a case by case basis and nothing in these terms of use shall be construed as guaranteeing User the right to a Payment Plan. The provision of a Payment Plan in one instance does not

d. Taxes. User is responsible for paying any governmental taxes associated with any

e. Sales of AGP Content. Each purchase of a Musical Composition will constitute an

f. PURCHASER WARRANTIES. USER AGREES THAT USER WILL PAY FOR ALL entitle User to a Payment Plan in the future for similar instances, nor does it obligate AGP to provide a Payment Plan in the future, under any circumstance.

i. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and User does not edit User’s Payment Method information, User remains responsible for any uncollected amounts and authorizes us to continue billing the Payment Method, as it may be updated. This may result in a change to User’s payment billing dates. For certain Payment Methods, the issue of User’s Payment Method may charge User a foreign transaction fee or other charges. Check with your Payment Method service provider for details. purchases through AGP, including, but not limited to, sales, use or value-added taxes. individual sale subject to these Terms of Use. Each Musical Composition sold and delivered will be treated as a separate transaction, whether delivery is made in whole or in partial fulfilment of an order. PRODUCTS AND CONTENT USER PURCHASES THROUGH THE SERVICES, AND THAT AGP MAY CHARGE USER’S PAYMENT METHOD FOR ANY PRODUCTS PURCHASED AND FOR ANY ADDITIONAL AMOUNTS (INCLUDING ANY TAXES AND LATE FEES, AS APPLICABLE) THAT MAY BE ACCRUED BY OR IN CONNECTION WITH USER’S ACCOUNT OR PURCHASING HISTORY. USER IS RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING AGP WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

6. AGP Service Rules

a. You may not use our services and may not accept these Terms of Use if (a) you

b. Without limiting other remedies, we may issue warnings, limit or terminate our are not of legal age to form a binding contract with AGP, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using our services under the laws of the country in which you are a resident or from which you access or use our services. service, remove hosted content and take technical and legal steps to keep Users off AGP if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the AGP employees or other Users). However, whether we decide to take any of these steps, remove hosted content or keep Users off AGP or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for offensive, unauthorized or unlawful content on AGP or use of AGP by Users. AGPis a global network and website. User may be subject to additional laws or other restrictions in the country from where User’s track is bought. We may remove any content if it is reported on our websites, services, applications or tools, or if we believe it causes problems or violates any law or policy.

c. The AGP service, and any sample, trial or other preview content viewed through our service, are for User’s personal and noncommercial use only. During User’s AGP membership, we grant User a limited, nonexclusive, nontransferable, license to access Music Composition samples and previews through the AGP service on a streaming only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to User in any sample, trial or other preview content viewed through our service. User agrees not to use the service for public performances of any sample, trial or other preview content viewed through our service.

d. AGP reserves the right to refuse access to the Website, AGP content and AGP services for any reason to any individual or other entity. AGP may terminate any offers for special pricing or promotions on merchandise or content at any time. The provision of special pricing or promotions in one instance does not entitle User to special pricing or promotions in the future for similar instances, nor does it obligate us to provide special pricing or promotions in the future, under any circumstance.

e. We continually update the AGP service. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of Musical Compositions, delivery and pricing. We reserve the right to, and by using our service User agrees that we may, include User in or exclude User from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

f. User agrees to use the AGP service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. User agrees that User will not submit any threatening, abusive, defamatory, obscene or indecent material or otherwise communicate any false of misleading material or message of any kind. User also agrees not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the AGP service without express written permission from AGP. User also agrees not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the AGP service; use any robot, spider, scraper or other automated means to access the AGP service and content library; decompile, reverse engineer or disassemble any software, Musical Compositions or other products or processes accessible through the AGP service; insert any code or product or manipulate the content of the AGP service in any way; or, use any data mining, data gathering or extraction method. In addition, User agrees not to upload, post, Email or otherwise send or transmit any material designed to interrupt, destroy or limit

g. BY USING OUR SERVICE, USER ACKNOWLEDGES AND AGREES TO RECEIVE,

h. We may terminate or restrict User’s use of our service, without compensation or the functionality of any computer software or hardware or telecommunications equipment associated with the AGP service, including any software viruses or any other computer code, files or programs. WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE AGP AND RELATED THIRD-PARTY SOFTWARE. IF USER DOES NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. notice if User is, or if we suspect that User is (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

7. Disclaimers of Warranties and Limitations on Liability

a. THE AGP SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH,

b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL

c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES

d. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE

e. USER AGREES TO INDEMNIFY AND HOLD AGP AND (AS APPLICABLE) AGP'S OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE AGP SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AGP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT USER’S USE OF THE AGP SERVICE WILL BE UNINTERRUPTED OR ERRORFREE. AGP IS NOT LIABLE FOR ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OF BUSINESS REPUTATION, ANY LOSS OF OPPORTUNITY OR ANY LOSS OF DATA SUFFERED THROUGH USE OF OR INABILITY TO USE AGP SERVICES. AGP SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THIRD PARTY APPLICATIONS AND OTHER SOFTWARE IN CONNECTION WITH THE AGP SERVICE. USER USES THE SERVICES SOLELY AT USER’S OWN RISK. AGP MAY DISCONTINUE THE WEBSITE OR PORTIONS THERE OF AT ANY TIME, WITHOUT NOTICE. AGP, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO USER. STATUTORY RIGHTS THAT MAY APPLY TO USER. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES, AND AGP'S POTENTIAL CUSTOMERS AND CLIENTS, HARMLESS FROM ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES AND DEMANDS , INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S; FEES, ARISING FROM OR RELATED TO ANY CLAIMS, ACTIONS, SUITS, OR PROCEEDINGS MADE OR BROUGHT BY ANY THIRD PARTY DUE TO OR ARISING OUT OF USER’S BREACH OF THESE TERMS, OR USER’S VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

8. Intellectual Property Policy

a. AGP adopted this intellectual property policy in accordance with industry best

b. Responsibility for Uploaded Content. User represents that User has all necessary

c. AGP and its affiliates do not represent, warrant or guarantee the truthfulness,

d. The Website, including without limitation all uploaded Content and all

e. NOTICES OF INTELLECTUAL PROPERTY INFRINGEMENT. AGP strives to respond practices, general U.S. intellectual property laws, and the Digital Millennium Copyright Act. rights to any content uploaded, posted or otherwise submitted to AGP for the purpose of creating custom Musical Compositions and that User is not infringing or violating any third party’s rights by submitting it. USER AGREES THAT IF ANY THIRD PARTY BRINGS A CLAIM AGAINST AGP RELATED TO CONTENT THAT USER SUBMITS, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, USER WILL INDEMNIFY AND HOLD AGP HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM. AGP RESERVES THE RIGHT TO HANDLE ANY POTENTIAL LEGAL DEFENSES UNDER THIS INDEMNIFICATION AGREEMENT HOWEVER AGP SEES FIT. authenticity, accuracy, quality or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via our services. AGP 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 submitting or purchasing any Content, including any claims arising from the authenticity, completeness, or originality of the Content. Except where expressly stated to the contrary, AGP 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. intellectual property rights in and to the same, is owned by or licensed to AGP, its affiliates, or our third-party content providers. User must not modify, decompile, or reverse engineer any software that AGP or its affiliates discloses to User, and User must not remove or modify any copyright or trademark notice, or other notice of ownership. Subject to the following paragraphs, User acknowledges and agrees that no right, title or interest in any Content is transferred to User as a result of User’s use of such Content, the Website, or any services provided or otherwise made available via the Website. quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When AGP removes or disables access in response to a notice, AGP makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. AGP may also provide a copy of the notice to the allegedly infringing party. If User believes that material residing on or accessible through AGP infringes a copyright, User may send a notice of infringement via email to chris@electropreneurs.com, which must include all of the following required information:

i. A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon – signatures may be provided by electronically typing the name

ii. Identification in sufficient detail of the work allegedly infringed upon

iii. Identification of the allegedly infringing material on AGP including

iv. The name of the intellectual property owner, and contact

v. A statement that the notifier has a good faith belief that the material is

vi. A statement that the information provided in the notice is the specific location of the material so that AGP can find it information for the notifier including name, address, telephone number and email address not authorized by the intellectual property owner, its agent, or the law accurate, and under penalty of perjury, that the notifier is authorized to make the complaint on behalf of the copyright owner

f. If User misrepresents that material is infringing, User may be liable for damages  (including costs and attorney's; fees). Therefore, if User is not sure whether the material is infringing, please contact an attorney before submitting a notice to AGP. Fraudulent or abusive notices or other misuse of AGP’s Intellectual Property Policy may result in account termination or other legal consequences.

g. COUNTER-NOTICES OF INTELLECTUAL PROPERTY INFRINGEMENT. If User has a good faith belief that material removed or disabled as a result of a notification of copyright infringement to AGP involved a misidentification or mistake, User may send a counter notice via email to chris@electropreneurs.com which must include all of the following required information:

i. User’s signature—signatures may be provided electronically by typing

ii. Identification of the material that has been removed or to which access

iii. A statement made under penalty of perjury that User has a good

iv. User’s name, address, telephone number, and email address, and

User’s name has been disabled faith belief that the material was removed or disabled as a result of mistake or misidentification of the material 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 AGP is located, and that User will accept service of process from the person who provided the original notification or an agent of such person

h. If User misrepresents that material is not infringing, User may be liable for damages (including costs and attorneys’ fees). Therefore, if User is not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice to AGP. Fraudulent or abusive counter notices or other misuse of AGP’s Intellectual Property Policy may result in account termination or other legal consequences.

9. Governing Law

a. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions.

User’s local jurisdiction.

b. User may be entitled to certain consumer protection rights under the laws of

10. General

a. If any provision or provisions of these Terms of Use shall be held to be invalid,

b. These Terms of Use and the other policies posted on AGP, including any illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect potential End User License Agreement, constitute the entire agreement between AGP and User, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

11. Class Action Waiver and Arbitration Agreement

a. USER AND AGP AGREES THAT EACH MAY BRING CLAIMS AGAINST THE OTHER

b. User and AGP agrees that any dispute or claim arising from or relating to the ONLY IN USER’S OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under it Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. User understands that by agreeing to these Terms, User and AGP are each waiving the right to trial by jury or to participate in a class action.