UPLOAD AGREEMENT

MGM is a platform that acts as an intermediary to perform Ghost Production contracts between Authors who publish their Work on the platform, with the purpose of transferring the exploitation rights of it on an anonymous regime, to potential Buyers through the platform, who listen to the Tracks through the website and buy its rights online. Under no circumstances does this platform perform any activity related to intellectual property. That is to say, the function of this website is only to sell the Work of the Ghost Producer, offering its technological support as an online marketplace.

In this agreement, you as a Seller, affirm that you want to transfer the exploitation rights of your Work, in all territories of the world for an unlimited period of time, in exchange for the price that you stipulate, to be exploited in anonymity, under the conditions established in the clauses of the Transfer of Rights Agreement.

As an Author you agree to publish your song on our site with the purpose of selling it, having control over the price at which it is published and taking into account the general rules of the platform on commercial offers of the following clauses.

This agreement is based on the following principles: ORIGINALITY OF THE WORK, CONFIDENTIALITY, EQUITABLE DISTRIBUTION and EXCLUSIVITY.

1. ORIGINALITY OF THE WORK

  • You guarantee that this Track is 100% your creation, that it has not been plagiarized nor contains unauthorized content, that no construction kits or templates have been used, that it has not been disclosed before, that is, it has not been registered in any intellectual or virtual property office, in any database or administration of any kind, and that it has not been shared with third parties or published on any website.
  • In order to protect the Rights of Authors and Buyers, this platform will keep the data of each Track that has been the object of transaction together with the identification data provided by the Author and Buyer.

2. CONFIDENTIALITY

  • The operations where the platform intermediates are contracts of Ghost Production, so the confidentiality and anonymity of the Work whose exploitation rights are transferred to the Buyer is an essential element of the contract.
  • By signing this contract, you are informed that as the Author of the Work, you have the right to paternity of the work on it, which is an inalienable and unrenounceable moral right of the Author of a Work, which includes, among others, the right of the Author to decide if and how his work is to be disclosed, to determine whether such disclosure is to be made under his name, under a pseudonym or sign, or anonymously, to demand recognition of his status as the Author of the Work, and to demand respect for the integrity of the Work.
  • By signing this contract, you acknowledge that as an Author you know that you have the right to have your authorship recognized, and you voluntarily choose to have your Work exploited under your anonymity, by the Buyer, who will be able to use his brand, personal brand or personal name when exploiting it.
  • The fact that you transfer the rights over your Work to be exploited anonymously by another person, a potential Buyer, constitutes, we reiterate, an essential element of the contract to be made with the Buyer of the exploitation rights. Therefore, if in the future you wish the Work to stop being published anonymously, you will generate in the Buyer the right to claim for the damages caused, since the exploitation of your Work in an anonymous way constitutes an essential element of the contract, stipulating a penalty of at least 500.000 euros, which may be higher depending on the damages caused.

3. THE RIGHT TO EQUITABLE REMUNERATION

  • The Author is informed of the right of equitable remuneration, so that if the rights generated by the exploitation of his Work are disproportionate to the amount fixed by you to sell the rights of exploitation of your Work through this website, you will be entitled to make a review of the remuneration fixed and receive equitable remuneration for the rights generated. In this case, if there is a right of equitable remuneration, the platform will participate in a percentage (5%) of them as an intermediary in the signing of this contract of Ghost Production.

4. EXCLUSIVITY

  • You agree to publish your Work for the first time through the MGM platform. MGM maintains management and licensing rights for as long as the Track is published on the platform.
  • You agree to transfer the management from any Track uploaded to MGM exclusively while the content is published in the platform; this period must be a minimum of at least 6 months. In this way, the Track cannot be removed from the platform within a period of 6 months.
  • After 6 months, the Seller may request to remove the Track from our platform, and consequently remove MGM's management and rights to the Track.
  • MGM is authorized to have the Work for sale on its platform while the Track is uploaded on it.
  • You agree to not release or publish the musical content that you are selling through MGM before or during the Track is published on the MGM platform. All musical content you are selling through MGM is exclusive while it's published on the platform.
  • The withdrawal of the transaction will be made to the Seller once the Track is purchased by the Buyer and the Track is removed from the platform, then MGM will have no further obligation with respect to this transaction.
  • You as the Seller are required to maintain all original files concerning this Track (master, mixdown, stems, instrumental, and project file), for as long as the Track is published on MGM, and one year after the Track is sold and the license is transferred, in addition to having the technical capacity to access and manipulate these files.
  • You agree to provide MGM with information, support, or additional necessary files regarding any Track or Musical Item offered or sold on the MGM marketplace (mp3, wav, stems, instrumental versions, acapellas, project files, etc), as long as the Track is published on our platform and for one year after the sale.

5. PRICE OF YOUR WORK

  • You, as the Seller, set the selling price.
  • If we believe the price does not match the Track submitted according to our standards, we can Reject or Partial-reject the Track.
  • You can edit the price of your Track once it is already published, after approval by MGM and only downwards in price. It is not permitted to edit the price upwards once it has been published.
  • MGM reserves the right to offer temporary promotions of up to 30% of the sale price regardless of any discounts already offered by the Seller through the platform. This promotion will be applied to the total sales price, affecting the corresponding amount of the licensee fee (Seller commission) and service fee (MGM commission). The Seller will have to take into account these possible additional promotions when setting prices.
  • MGM reserves the right to change the percentage or percentage table that establishes the commission that MGM applies as a Service Fee at any time, without advice or notification.

6. BREACH OF CONTRACT

Since the liability for confidentiality is an essential element of the contract:

  • You will not share any information about any transaction through MGM with any third party.
  • You agree to attempt to resolve any complaints about the Work that has been the subject of the transaction by contacting this platform, and you must maintain the liability of confidentiality.
  • Understand that if you carry out an action that affects the clauses of this contract, the Transfer of Rights contract, any of MGM terms of use or MGM legal documents, or an action that affects the Work sold and its Buyer, especially in the liability of confidentiality, you will have to compensate economically for the damages and losses to the holders of exploitation rights.
  • The platform will be careful with the protection of its clients’ data, keeping the data of the transactions made and the identification data provided by its clients, not being responsible for the lack of veracity of the same.
  • MGM cannot be held responsible for any infraction or legal problem related to the Track. MGM will only act as a mediator or intermediary, within its capabilities, between Seller and Buyer. However, MGM will act as a channel to try to resolve any possible discrepancies or claims regarding the intellectual property of the published Works or object of the transaction, so if you have any complaints, please contact us through our contact page, or directly via email: hello@myghostmarket.com.
  • MGM may provide all your personal information to the Buyer, if necessary (legal dispute, administrative issues, tax issues, etc).
  • To the fullest extent permitted by applicable law, you, as the Seller, agree to indemnify and hold MGM harmless from all damages, losses, and expenses of any kind (including reasonable attorney's fees and costs) arising from: Seller's breach of this agreement; (2) any Content; (3) any activity you engage in or through MGM's services; and (4) your violation of any law or the rights of a third party.
  • By accepting this agreement, you also accept all our Legal terms: https://edmwarriors.com/legal
  • You agree to submit to the courts of Sofia, Bulgaria for any conflict with the legal terms of this agreement.
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