TERMS AND CONDITIONS
These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by Producr. This includes the mobile and tablet versions as well as any other version of Producr accessible via desktop, mobile, tablet, social media or other devices.
BY VISITING AND REGISTERING ON THE WEBSITE, YOU AGREE TO THESE TERMS IN THEIR ENTIRETY, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY 18 YEARS OF AGE OR OLDER AND UNDERSTAND THAT THE MATERIALS PRESENTED ON PRODUCR INCLUDE VISUAL AND AUDIO PRESENTATIONS OF SEXUAL SITUATIONS AND ADULT LANGUAGE.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY PRODUCT, INFORMATION OR SERVICE FROM THE “PRODUCR” WEBSITE.
- ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for the use of the website. By using and visiting the website, you agree to be bound by this Agreement whether you are a “Visitor” (meaning that you are simply browsing the website) or a “User” (meaning that you have registered on the website as a user). If you do not accept the terms of this Agreement, you should stop using the website immediately. We may modify this Agreement from time to time, and such modification shall be effective when posted on the website. You agree to be bound by any modifications to this Agreement when you use the website after such modification is posted; therefore, it is important that you review this Agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the website does not violate any applicable law or regulation. Producr may, in its sole discretion, refuse use of the Website to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
By using the website and purchase the products, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
- HOW IT WORKS
Music producers from all over the world submit their productions.
They sign a contract that acknowledges the work is their own and they will transfer all copyright ownership to the buyer.
We have a range of music producers, some whom have release tracks on major record labels, performed at major festivals and that have millions of streams online.
That being said, we don’t discriminate based on fame or recognition. We’re interested in top quality music.
The Producr music selection team sits down and takes a listen to every track. Some key production elements that we look for include:
- A creative and unique vision/identity for the track
- A professional and well-put-together structure
- Clean use of samples and loops (royalty free)
- High-quality mixdown and/or mastering
Once a track has been approved, we collect and check all of the files associated with the track. Every track purchase includes the following:
Once we’ve received and approved all the files, we upload it to the Producr platform for sale.
Customers can browse our library of music to find the perfect track for their project.
The selected track can be instantly purchased and downloaded, no waiting or delays. After purchasing the track, it will be removed from the platform and no longer publicly available.
Full copyright ownership will then be transferred to the track’s new owner automatically.
All tracks are only sold once.
The tracks new owner can then do what they wish with their new production.
- Public release of the track
- Signing the track with a record label
- Streaming on Spotify, Apple Music, YouTube, SoundCloud, etc.
- Use in any form of digital content (Twitch, YouTube, etc.)
- Marketing campaigns, TV, Film and more.
For more information about our products and services, please contact us through our contact page or our contact information, our support team will be attentive and available to respond to your requests and concerns.
If you wish to register to purchase products (music productions) from other users registered on the “Producr” website (Sellers), you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the website as a user, you represent that you are of legal age to form a binding contract under the laws or another applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the registration form available on the website and maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Producr reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time and without any notification.
If you wish to become a user, you must read this agreement and indicate your acceptance during the registration process, in order to upload and offer your musical productions (ghost productions) through the listings available on the website.
In consideration of your use of the website as a user, you represent that you are of legal age to form a binding contract under the laws or another applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the registration form available on the website and maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Producr reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time and without any notification.
Users may share information through their user profile with other users. Any information that users share through the platform and their user profile is the exclusive responsibility of the users. Users are free to share information but will be responsible for the use of that information, its publication and disclosure. Producr is not responsible for information published and shared through the platform and its user profile.
If you register on Producr, you will be required to choose a password and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Producr of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Producr. Producr will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing Producr with your email address and phone number you consent to our use of your email address to send you notices about the service and products, including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the “unsubscribe” option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or offers.
The users may terminate their accounts any time, for any reason, by following the instructions on Producr. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Producr.
Producr reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Producr believes that you have breached any of these terms, furnished Producr with false or misleading information, or interfered with use of the website or the service by others.
- SHOPPING ON THE WEBSITE (BUYERS)
When you order a product, you offer to buy the product for the price advertised and indicated on the website at the time of purchase.
All payments made by Buyers for products listed by Sellers, will be made through credit/debit card and “PayPal” (payment platform available on the website).
The payment will be charged to the Buyer’s credit card or PayPal account immediately after the order is placed. When processing a transaction, we will issue an electronic transaction receipt that will be sent to the customer user’s email address.
Once the payment process is completed, the music productions will be available for download. The copyright and intellectual property rights of the musical productions will be transferred in full to the respective buyer.
Your payment information will be treated and safeguarded securely and for the sole purpose of processing the purchase of the products and conducting the transactions within the platform. Producr reserves the right to contract any payment platform available in the market, which treats your data for the sole purpose of processing the purchase of the products and transactions within the platform.
Seller users reserve the right to determine the price for their products (music productions). Producr will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information. Will always try to make sure that the prices on the website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the user will be informed of such error.
Producr will charge (insert commission percentage) of each transaction or purchase made through the website for the use of the platform. This percentage will be discounted to the Sellers from the total price of the sale. Sellers will receive the rest of the total value of the sale with the commission discount.
The products (music productions) posted by the Sellers are not offered or provided by the Producr. Producr’s services are limited to providing the platform to post such products and to provide the upload and download of such products. Producr is not responsible at any time for the products offered by the Sellers.
Seller users declare and agree that they own all copyrights and intellectual property of the music productions uploaded and published through the website and that they transfer all copyrights and intellectual property to the respective buyer, retaining for the author the moral rights (credits and recognition of the author). Producr does not accept claims from users or third parties for controversies or disputes over copyright or intellectual property for musical productions available on the website.
Producr makes no representation as to the accuracy, safety, legality, copyright, intellectual property of the products or content posted on the website by the Sellers. Producr does not under any circumstances represent the products of registered users (Sellers). The purchase of products through the website is at your own risk and responsibility.
In the event that one or more users or any third party initiate any type of claim or legal action against another or other users, each and every one of the users involved in such claims or actions exempt Producr from any liability.
- THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
- LICENSE TO USE THE PLATFORM
Producr gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Producr as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Producr, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the “Producr” website or third parties.
Producr reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Producr believes that you have violated any of these terms or interfered with the use of the website or service by others.
All materials on Producr, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Producr or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on Producr are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Producr prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Producr or any part of the material for any purpose other than its intended purposes is strictly prohibited.
- COPYRIGHT COMPLAINTS
Producr respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Producr website infringe upon your copyright or other intellectual property right, please send the following information to:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that Producr may find it on the Producr website. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- USER CONTENT
Certain features of the website may allow users to upload content (music productions), which may be composed of messages, images, audios and others and to publish that user content on the website. You retain any Copyright that you may hold in the user content that you post to the website. However, we need some permission from the users (vendors) to publish the content on the website. By registering on the website and posting the content, you authorize Producr to publish and offer your content through the website. Producr is not responsible for the accuracy, safety, or legality of user content posted on the website. Users are solely and exclusively responsible for their content and the consequences of publishing their content.
By providing user content through the service, you grant Producr a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, modify, and display your content on the website for the purpose of displaying the products and creating user profiles.
- USER CONTENT REPRESENTATIONS AND WARRANTIES
Producr disclaims any and all liability in connection with user content. You are solely responsible for your user content (music productions) and the consequences of providing user content via the service. By providing user content via the service, you affirm, represent, and warrant that:
- a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Producr and users of the service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Producr, the Service, and these Terms.
- b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Producr to violate any law or regulation.
- c) Your user content could not be deemed by a reasonable person to be objectionable, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- d) Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.
Producr reserves the right to demand the refund of all values paid for musical productions uploaded by sellers who violate the above determinations.
- USER CONTENT DISCLAIMER
Producr may, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Producr with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Producr does not permit copyright-infringing activities on the Service.
- ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.
- PERSONAL DATA
- THIRD PARTIES
Any dealings with third parties included within or on Producr involving the delivery of and payment for products and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Producr is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Producr does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Producr or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Producr is provided to you for informational purposes only. Producr encourages you to conduct your own research and due diligence regarding such third parties and their products and services.
- PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Producr or licensed to Producr by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, the following activities are prohibited:
- Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Producr.
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
- Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of the services for any purpose without our express written permission.
- “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Producr in connection with the services.
- Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
- DISCLAIMER OF WARRANTIES
Producr will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.
Because of the nature of the Internet Producr provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Producr for any loss or damage caused as a result.
Producr will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Producr excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Producr and Producr shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on the website.
- Any interruptions to or delays in updating the website.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the websiteor any product or service purchased through the
- Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Producr.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
You agree to defend and indemnify Producr from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the services.
- The purchase of the products (music productions) through the platform.
- CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website and services constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Producr without restriction.
- INTEGRATION CLAUSE
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the website and the services, will be settled by binding arbitration between you and Producr, except that each party retains the right to bring an individual action in a court of competent jurisdiction.
- FINAL PROVISIONS
These terms are governed by Australian law. Use of Producr is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
- CONTACT INFORMATION
If you have questions or concerns about these terms, the products or the service, please contact us through our contact page or via the contact information below: