Terms of service.

PhAntom Power Music TERMS AND CONDITIONS

Updated: January 2024

These terms of use (“Terms”) govern your use use of and participation in all Phantom Power Music consulting and education services and apply to all web pages, or community services provided within such domain (“Website”). 

The Website is owned and operated by Phantom Power Music a music consulting business with its offices located in Hendersonville, TN. References to “you” or “your” means you as an individual.  

These Terms refer to the following additional policies and notices, which also apply to your use of the Website: Privacy Notice and Cookie Policy. 

1. ACCEPTANCE OF TERMS 

1. By accessing and using the Website, you confirm that you have read, understood, and accept these Terms and that you agree to abide by them, and any changes made to them from time to time may be made without notice to you by posting such changes on the Website. If you do not agree to these Terms, you must not use the Website.

2. INTELLECTUAL PROPERTY

1. You acknowledge and agree that Phantom Power Music provides certain services that are considered Intellectual Property Rights such as education, sample agreements and/or contracts and other tools that will assist in the management of your personal career.

2. Except as expressly stated herein, these Terms do not grant you any rights to, under or in, any such Intellectual Property Rights, or any other rights or licenses in respect of the Website. 

3. “Intellectual Property Rights” means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), rights in performances, database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

3. USER CONDUCT

1. You may use the Website for lawful purposes only.

2. We take reasonable care to ensure that the Website is free of computer viruses and other damaging content but cannot guarantee that your use of the Website will not cause damage to your computer. You should ensure that you have suitable equipment and security and virus protection in place before using this or any Website.

3. By using the Website, you agree not to:

1. reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or sell any content from the Website without obtaining a license to do so from us or our licensors (as applicable).  

2. violate any applicable laws or regulations. 

3. use the website to engage in any fraudulent, harmful, or malicious activities; 

4. introduce viruses, or other damaging content which is malicious or technologically harmful;

5. attempt to gain unauthorized access to any part of the Website or its related systems;

6. interfere with the proper functioning of the Website or disrupt other users’ experiences;

7. post, upload, or transmit any content that is unlawful, defamatory, infringing, or otherwise objectionable; or

8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

9. Upload, share, or represent in any capacity music work that is developed all or in part by AI (Artificial Intellegence). You represent that all music has been created by you or you human collaborators in full and in it’s entirety.

4. DISCLAIMER OF WARRANTIES AND LIABILITY

1. Except as expressly and specifically provided in these Terms:

1. you assume sole responsibility for your use of the Website and your use of the Website is at your own risk;

2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms;

3. the Website is provided to you on an “as is” basis; and Phantom Power Music does not warrant or guarantee (and you acknowledge and agree that Phantom Power Music shall be under no obligation to ensure) that the functions or materials on, or access from, the Website shall be uninterrupted or free from errors; nor any or all data or information provided to you will be accurate or secure in every respect (and the parties acknowledge and agree that data and information may be obtained from third parties and Phantom Power Music takes no responsibility for the quality, completeness or accuracy of that data or information).

2. The Website may contain links to websites and microsites operated by third parties that are not under Phantom Power Music control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through this website or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. 

3. Phantom Power Music reserves the right to suspend access to the Website, edit and/or remove any information or content from the Website at any time and without notice.

4. We will not be liable for any economic loss or damage (including loss of profit, revenue, business, contract, goodwill, or other financial loss) or any special, indirect or consequential loss or damage however caused arising out of or in connection with the Website. We do not exclude or restrict our liability for death or personal injury resulting from our negligence or that of our agents, or for fraudulent misrepresentation made by us to you, in relation to the Website. In addition, nothing in these terms shall exclude, restrict or limit any other liability that may not be limited or excluded by law.

5. DATA PROTECTION

1. In the course of your use of the Website, you may provide, or we may collect certain personal data (“Personal Data”). We will only use such Personal Data in accordance with our Privacy Notice and Cookie Policy which are incorporated herein by reference for all purposes. You acknowledge and agree that you are responsible for the accuracy and content of Personal Data.

2. You agree by signing up for our service, within the parameters of certain types of service, you grant Phantom Power Music the right to use your likeness or intellectual property in professional ways that may or will promote your music or persona. You agree that all promotional efforts are in your interest and will be provided to improve your public visibility as it relates to your personal musical career goals.

6. INDEMNITY 

1. You will defend, indemnify and hold harmless Phantom Power Music (and any member of Phantom Power Music directors, members of staff, sub-contractors, licensors, and suppliers) against claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) arising out of or in connection with any breach or alleged breach of these Terms and/or relating to your use of the Website. 

2. Any disputes that arise will first be addressed to Phantom Power Music Management at V4V@phantompowermusic.io and only if or not resolvable handled by binding arbitration between the parties.

7. GENERAL PROVISIONS 

1. You understand and agree that Phantom Power Music is an educational platform providing consulting services. Phantom Power Music is not label or label management service. You understand that all fees are related to educational tools or proprietary processes that we may assist with to help you manage your own career.

2. You agree that Phantom Power Music has no responsiblity to generate or guarantee any income. Income generated by you will be payable, directly to you, through Value-4-Value platforms and digital wallets. You understand and agree that all control over digital wallets are your own, it is your responsibility to manage or protect income you receive by Bitcoin. Phantom Power music has no liability related to the loss, theft or misuse of any digital wallet.

3. You understand that by signing up for a level of service with Phantom Power Music you are paying for consulting and education fees. Phantom Power Music does not provide any legally binding management services and you are responsible for protecting your own intellectual property rights.

4. Phantom Power Music is not a financial advisory or legal service of any kind. It is always best to take your own research and consult with your own advisors before making any financial or legal decisions about income or intellectual property.

5. Waiver: No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

6. Rights and remedies: Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

7. Severance: If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms. 

8. Governing law and jurisdiction: These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States. Each party irrevocably agrees that the courts of the United States shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).