Terms of Service
Date Last Updated: March 18, 2022
These Terms of Service set forth the legal terms and conditions governing your (“user” or “your” or “you”) use of the Phantom Producer (“Phantom Producer” or “we” or “our” or “us”) website (located at www.phantomproducer.com), Phantom Producer mobile applications for Android and iPhone, and all of the content, products and services they contain, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, products, services, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Services”). Please note references to, as applicable: (i) our affiliated entities, partners, and their affiliated entities (“Covered Entities”); and (ii) “you,” which means the user of the Phantom Producer Site individually and, if applicable, any entity that or individual who is the employer of the user or for whom the user acts as an agent.
Phantom Producer may make changes to these Terms of Service from time to time. If we make changes, we will provide you with notice of such changes by providing notice through the Site or updating the date at the top of these Terms of Service. Unless we state otherwise, the amended Terms of Service will be effective immediately and your continued access to and use of the Services after we provide notice confirms your acceptance of the changes.
If, at any time, you do not agree to the terms of the Terms of Service, you should stop accessing or using the Services.
These Terms of Service constitute the entire agreement between you and Phantom Producer, and govern your use of the Services. The section titles in these Terms of Service are used solely for the convenience of you and us and have no legal or contractual significance. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged or agreed to by us in writing. If any provision of these Terms of Service is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Service will remain in force.
You acknowledge that the availability of the Services may rely on the Android or Apple mobile applications store (“Third Party App”) from which you download the Phantom Producer app. You acknowledge and agree that these Terms of Service are between you and Phantom Producer and not with the Third Party App. However, if you downloaded the Phantom Producer app from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms of Service whereby Apple shall have the right to enforce these Terms of Service against you, and these Terms of Service incorporate by reference Apple’s Licensed Application End User License Agreement. In the event of a conflict in the terms of the Licensed Application End User License Agreement (if applicable) and these Terms, these Terms will control.
Use and Restrictions
You acquire no rights or licenses in or to the Services other than the limited right for you to access and use the Services in accordance with these Terms of Service. You represent that you are at least eighteen (18) years old; and (ii) you shall use the Services only as set forth in these Terms of Service. Our Services are not directed to children and we do not knowingly collect any personally identifiable information from children under 13 years of age through the website.
You may not use the Services for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms of Service. You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, download, or in any way exploit any part of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services. You may not launch any programs or scripts for the purpose of hindering the functionality or operability of any aspect of the Services. You may not access, monitor, or copy any content or information on the Services using any robot, spider, scraper, web crawler, or other automated means or any similar manual process, or bypass or circumvent other measures employed to prevent or limit access to the Services. You may not violate the security of the Services or attempt to gain unauthorized access to the Services or computer systems or networks connected to the Services through any means.
When using the Services, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. You will not use the Services or the information contained therein in unsolicited mailings or spam material. You will not use Phantom Producer’s trademarks, trade names, service marks, copyrights, or logos in unsolicited mailings or spam material.
You agree that, while using the Services, you are solely responsible for the content or information you publish, display or upload onto the Site (“User Content”).
You hereby represent and warrant that you have all necessary rights to the User Content for any use of such content or information in connection with the Services, including performance or use by Phantom Producer or You in connection with the Services. You will be responsible for clearing the rights to, and paying all royalties due for sound recordings included in the User Content (including the musical works embodied in sound recordings in the User Content), including by entering into license agreements with PROs or copyright owners as necessary, and for ensuring that no fees or payments will be payable by us to any third party in connection with the User Content. “PRO” means a performing rights organization (by way of example, ASCAP, BMI, GMR or SESAC).
You will be required to register an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services. In addition, you must update your account information to keep it accurate, current, and complete. You are the sole authorized user of any account you create, responsible for all activities that occur under your password or account (“Login”), and you agree that your access may not be shared with any other person. You agree that you shall monitor your account to prevent use by any person under the age of 18, and you will accept full responsibility for any unauthorized use of your password or your account. You represent that your information and any information you may provide to us is accurate, truthful, and will promptly update the registration information through the Services or as otherwise directed by us in order to keep such information true, accurate, and up to date.
You understand and agree that you have no ownership rights in your account access to the Services may not be used in any manner that is inconsistent with the Terms of Service. Phantom Producer may terminate inactive or delinquent accounts, and may suspend or terminate your account if, in its sole discretion, it believes: (i) you have violated these Terms of Service; (ii) you have violated any applicable law in connection with your use of the Services; (iii) your continued use of the Services may endanger your health and safety or the health and safety of others; or (d) you have communicated or acted in an inappropriate, offensive, or discriminatory manner towards any Phantom Producer employee. You agree not to create an account or use the Services if you have been previously removed by Phantom Producer, or if you have been previously banned from use of the Services.
You may order products from the website only if you have reached the age of eighteen (18) years old. You agree to pay in full the prices for your purchases, plus any applicable service fees or taxes. Phantom Producer reserves the right to charge a service fee for its administrative costs. If a service fee is charged by Phantom Producer, you will be made aware of any such service fees. In our sole and absolute discretion, we may offer change to an order or a refund on a transaction. If you wish to change your order for any reason after it has been placed, you may contact
At our sole discretion, we may make promotional offers available to you. With respect to any such offer, you agree that promotional offers (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Phantom Producer; (iii) cannot be redeemed for cash or cash equivalent; and (iv) are not valid for use after the date indicated in the offer. From time to time, information about the Services offered on the website may contain an error. If we discover an error at the time of an order, we will notify you and cancel the order. If you accept the substitute, the order total will be adjusted accordingly. We reserve the right to modify or cancel an offer at any time. If we believe that your order is fraudulent or unlawful, we may suspend your use of the Services.
Payment and Billing
By providing a payment card for payment of your order, you represent and warrant that you are authorized to use the designated payment method. In addition, you authorize us or our third party payment processor to charge your payment method for the total amount of your order, including applicable taxes and other charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended until your payment is processed. In the event that the charge to your payment method may incorrectly differ from the total amount, including services fees and taxes, Phantom Producer reserves the right to initiate an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout. All payments will be processed by Phantom Producer’s designated payment processor, Worldpay or using the preferred payment method designated in your account.
You agree to notify us immediately at in the event of (i) any known or suspected unauthorized uses of the Services, or any known or suspected breach of security, including but not limited to loss, theft, acquisition, unavailability, or unauthorized disclosure of a Login; and (ii) to exit the website properly at the end of each session. Notwithstanding anything else herein, we shall not be liable to you or any third party for any loss or damages arising from your failure to comply with these requirements and reserve the right to pursue any and all claims against you and any person or entity using your Login. We may require you to change your Login in the event of a data security incident or at our discretion. We reserve the right to suspend your Login or access to the Services. We reserve the right to periodically audit and monitor you use of the Services to ensure compliance with these Terms of Service and to maintain and improve the Services.
Consent to Receive Electronic Communications
When you visit the website and when you communicate with Phantom Producers electronically, you consent to receive electronic communications from Phantom Producers. These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
Site Ownership and License
The Services and everything on it, including, without limitation, audio, text, photos, videos, graphics and software, are owned by or licensed to Phantom Producers. The Services are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the United States and other countries, and are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Services and except for the intellectual property of other companies that are displayed on the Services, all intellectual property, such as trademarks, service marks, logos, trade dress, and trade names are proprietary to Phantom Producer. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in on the Services.
We grant you a limited, personal, nonexclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Services. You may use the Services only as permitted by these Terms of Service and applicable law. You may not resell or otherwise make commercial use of the Services; collect and use any product listings, descriptions, or prices; make any derivative use of the Services; download, copy, or otherwise use account information for the benefit of any third party; use data mining, robots, or similar data gathering and extraction tools; or otherwise misuse the Services. This license will terminate if you do not comply with these Terms. All rights not expressly granted in these Terms are reserved.
You agree to protect the proprietary rights of us and all others having rights in the Services, and to comply with all reasonable written requests made by us or our partners, suppliers, licensors, and owners of content, copyrights, trademarks, or otherwise, to protect their and others’ contractual, statutory, and common law rights in the Site and Services. You agree to notify us in writing at
You may not use any of our trademarks, trade names, service marks, copyrights, or logos, or our licensors’, or their licensors’ trademarks, trade names, service marks, copyrights, or logos, including but not limited to: Phantom Producer, Phantom Podcaster, Killer Hertz, Trailer House FX, Cinematic Royalty Free Library, in any manner which creates the impression that such items (i) belong to or are associated with you or indicate the sponsorship or approval of us, our licensors, or their licensors; or (ii) except as otherwise provided herein, are used with our, our licensors,’ or their licensors’ consent, and you acknowledge that you have no ownership rights in or to any such items.
DMCA Copyright Notice and Takedown Policy
If you are a copyright owner and you believe your work has been copied and used improperly on the Services, please contact us at the address below. Pursuant to 17 U.S.C. § 512(c), the notification must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the description and location of the alleged infringement on Phantom Producer website; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is
Use of Software
We or third parties acting on our behalf may make Software available for you to download or use in connection with the Services. For purposes of these Terms of Service, “Software” shall mean any and all software that is available on or through or otherwise provided for use with the Services. You shall have a non-transferable, non-sub-licensable, non-exclusive license to use the Software solely for your use in connection with the Services, consistent with these Terms of Service and written instructions/directions provided by us or third parties acting on our behalf in conjunction with the Software.
Please be advised that downloading or using the Software is at your own risk. Software from the Services is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of Cuba, Iran, North Korea, Syria, Crimea, Luhansk, or Donetsk regions of Ukraine, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons, or any entity owned fifty (50) percent or more by such Person, or the U.S. Commerce Department’s Denied Persons List or Entities List. By downloading or using such software, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
Services Availability and Support
We do not guarantee availability of the Services at all times of the day. Without prior notice to you, the Services may occasionally be down for service, upgrades, or for other reasons. To the extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as may be provided in our customer agreements, we have no obligation to provide support in relation to the Services.
Links to the Site
You may not include a link(s) on your website to the Services, or any page or portion of the website, without our written permission. To request permission to link to the Services, please contact
You agree, at your own expense, to indemnify, defend, and hold harmless Phantom Producer, its partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns against any claim, suit, action, or other proceeding from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Services, including but not limited to: (i) any breach or violation of these Terms of Service by you or someone using your computer; (ii) material entered into or transmitted through the Services with the use of your computer; (iii) your use or someone using your computer’s use of the Services; (iv) a claim that any use of the Services by you or someone using your computer infringes any Intellectual Property Right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; or (v) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Services by you or someone using your computer. You agree to pay any and all costs, damages, and expenses, including but not limited to reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.
DISCLAIMER OF WARRANTIES/LIMITATIONS OF LIABILITY
YOU AGREE THAT YOUR USE OF THE PHANTOM PRODUCER SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED ON THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, ACCURACY OF DATA, NON- INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR OUR PARTNERS, SUPPLIERS, AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF WE OR THEY HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES OR ANY LINKS OR ITEMS ON THE SERVICES OR ANY PROVISION OF THESE TERMS OF SERVICE.
We do not warrant that the Services are compatible with your equipment or that the Services or e-mail communication sent by us, is free of errors or viruses, worms or any other harmful, invasive, or corrupted files, and we are not liable for any damage you may suffer as a result of such destructive features. You agree that we and our partners, affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by our negligence or that of our partners, affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns or otherwise arising in connection with the Services and shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages, or any claim against us; or (ii) any fault, inaccuracy, omission, delay, or any other failure on the Services caused by your computer equipment or arising from your use of the Services on such equipment.
The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We are not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to or from the Services. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) verify or guarantee the accuracy, completeness, usefulness, or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or (c) make any endorsement, express or implied, of any other websites, services, or goods, that may be linked to or from the Services. You agree to access these other websites, services, goods, or advertisements at your own risk.
We are also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Services. You acknowledge that we and our partners, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions on the Services; (b) delays, errors, or interruptions in the transmission or delivery of the Services; or (c) loss or damage from or by any reason of nonperformance.
You may not assign or transfer these Terms of Service or the rights hereunder, including but not limited to, the limited right for you to access and use the Services in accordance with these Terms of Service. We may assign these Terms of Service without your consent to (i) a subsidiary or affiliate; (ii) an acquirer of Phantom Producer's equity, business or assets; or (iii) a successor by merger. You acknowledge and agree that we may delegate certain of our responsibilities, obligations, and duties under or in connection with these Terms of Service to an affiliated entity, partner, or any third party, which may discharge those responsibilities, obligations, and duties on our behalf.
You may terminate the Terms of Service, with or without cause and at any time, by discontinuing your use of the Services. We retain the right immediately to terminate these Terms of Service in the event of any breach by you of these Terms of Service. We may discontinue the Services, or change its availability to you, at any time in our sole discretion. You accept that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further accept that such changes may result in your being unable to access the Services.
We shall not be liable to you or any third party for the termination or suspension of the Services, or any claims related to the termination or suspension of the Services. Unless otherwise explicitly stated, these Terms of Service will survive termination of your registration to the Services. Upon termination of these Terms of Service by you or us, you must discontinue your use of the Services.
You recognize that we and our Covered Entities each have rights with respect to the Site, including the information and other items provided by us and the Covered Entities by reason of your use of the Site and Services. These Terms of Service shall be for the benefit of the Covered Entities and the respective affiliates, successors, assigns, officers, directors, employees, Suppliers, and representatives of the Covered Entities.
The Services are operated within the United States. When you choose to access the Services from outside the United States, are responsible for compliance with any local, state or national laws applicable to your use of the Services. By accessing or using the Services, you consent to the processing, transfer and storage of information about you in and to the United States. Please be advised that you may not have the same rights and protections as you do under local law.
These Terms of Service shall be governed in accordance with the laws of the United States and the State of New York. You agree to submit to the personal jurisdiction of the federal and state courts located in Manhattan in the State of New York with respect to any legal proceedings that may arise in connection with the Services from a dispute as to the interpretation or breach of these Terms of Service and hereby waive any objection to the propriety or convenience of venue in such courts.