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.
a. AGP recognizes the importance of protecting the privacy of personal information
b. Personally-Identifiable Information. AGP may collect personally identifiable
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.
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.
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
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.
6. AGP Service Rules
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.
g. BY USING OUR SERVICE, USER ACKNOWLEDGES AND AGREES TO RECEIVE,
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
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 [email protected], 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 [email protected] 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
User’s local jurisdiction.
b. User may be entitled to certain consumer protection rights under the laws of
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.