Upload Agreement

This agreement outlines the binding information for Users who intend to sell their Work through the Website, and sets forth the conditions between the Author and the Company. To use the Service, the Author must read, understand, and agree to the terms of this agreement, as well as the Terms of Use.

My Ghost Market OOD (“Company”) and its Website act as an intermediary to facilitate Ghost Production contracts with Authors. The Authors publish their Work on the Website with the purpose of selling it and transferring its Copyrights on an anonymous basis to potential Buyers who listen to these Works through the Website and purchase their Copyrights online. The Website does not perform any activity related to intellectual property, its function is solely to sell the Work of the Author and offer technological support.

In this agreement, the Author agrees to transfer the Copyrights of the Work, in all territories of the world for an unlimited period of time, in exchange for the price that the Author stipulates, to be exploited in anonymity, under the conditions established in the clauses of the Transfer of Rights Agreement. The Author agrees to publish the Work on the Website with the sole intention of selling it, having control over the price at which it is published.

This agreement is based on the following main principles: ORIGINALITY OF THE WORK, CONFIDENTIALITY AND EXCLUSIVITY.

1. Originality of the Work

• 1.1 The Author guarantees that the Work submitted has been created completely by him or herself; that it has not been plagiarized nor contains unauthorized content; that it also does not infringe upon the rights of any third parties, including violations of intellectual property rights; that no construction kits or templates have been used to create the Work; that it has not been disclosed before and no one else has listened to or been involved with the Work, that is, it has not seen the light of day before; that it is not registered in any intellectual or virtual property office, in any database or administration of any kind; and it has not been shared with any third party or published on any other website.
• 1.2 To safeguard the rights of Authors and Buyers, the Company will retain the data of each Work that has been transacted, along with the personal identification information provided by the Author and Buyer. The Company will utilize this data in accordance with its Privacy Policy.

2. Confidentiality

• 2.1 The operations where the Website intermediates are contracts of Ghost Production, so that the element of anonymity and confidentiality of the Work whose exploitation rights are transferred to the Buyer, is an essential element of this agreement.
• 2.2 The Author agrees to not share any detail or information about transactions made through the Website with any third party. That implies that the Author cannot claim to have created or to have been involved with the creation of the submitted Work.
• 2.3 By signing this contract the Author acknowledges being informed that, as the Author of the Work, they have the right of paternity over it. This is an inalienable and unrenounceable moral right of the Author, which includes, among others: the right to decide if and how the Work has to be disclosed; to determine whether such disclosure has to be made under their name, a pseudonym or sign, or anonymously; and to demand recognition of their status as the Author of the Work, as well as respect for the integrity of the Work.
• 2.4 By signing this contract, the Author acknowledges that as the creator of the Work, they have the right to be credited as the Author. The Author voluntarily chooses to stay anonymous, and allow the Buyer of the Work to decide how the Work will be disclosed and released (under the Buyer’s personal name, personal or company brand, or anonymously).
• 2.5 The fact that the Author transfers the Rights of the Work to be anonymously exploited by another person, the Buyer of the Work, constitutes, we reiterate, an essential element of the contract to be fulfilled with the Buyer of the Rights. Therefore, if the Author wishes the Work to no longer be published under his or her anonymity in the future, this will give the Buyer the right to claim damages caused. As the exploitation of the Work in an anonymous manner is a vital element of the contract, a penalty of at least 50,000 EUR will be stipulated in favor of the Buyer, which may be increased depending on the extent of the damages caused.
• 2.6 The Author's original name, nationality and address will be disclosed to the Buyer in the Transfer of Rights Agreement.
• 2.7 The Company may provide all stored Seller’s personal information to the Buyer, if necessary (e.g. in case of legal disputes, administrative issues, tax issues, etc).

3. Exclusivity

• 3.1 The Author agrees to publish the Work for the first time on the Website.
• 3.2 The Author agrees to transfer the management and licensing rights of the Work uploaded to the Website exclusively for the duration of its publication on the Website. The Work must remain published on the Website for a minimum of 6 months. This means that the Work cannot be removed from the Website for at least 6 months once it has been published. After this period, if the Work has not been sold, the Author can remove the Work by themselves from their user account and consequently remove the Company’s management and rights over the Work.
• 3.3 The Company is authorized to sell the Work as long as the Work is published on the Website.
• 3.4 The Author agrees not to share, release, or publish the Work being sold through the Website before, during, or after its publication on the Website. We emphasize that the management of the Work being sold on the Website is exclusive to the Company as long as it remains published on the Website.
• 3.5 The payment corresponding to the sale of the Work will be sent to the Author once the Work is purchased by the Buyer and removed from the Website. Afterward, the Company will have no further obligation with respect to this transaction.
• 3.6 The Author is required to maintain all the files concerning the Work (master, mixdown, stems, instrumental and project file), for as long as the Work is published on the Website and one year after the Work is sold and the license is transferred. In addition, during this period the Author must have the technical capacity to access and manipulate these files in order to provide proper customer support.
• 3.7 The Author agrees to provide the Company with information, customer support or additional files regarding the Work offered for sale or sold on the Website (mp3, wav, stems, instrumental versions, acapellas, project files, presets, midi files, etc), as long as the Work is published on the Website and for one year after the sale is made.

4. Price of the Work

• 4.1 The Author sets the selling price of the Work.
• 4.2 If the Company considers that the price set by the Author does not align with the quality of the Work, the Company may reject the submission.
• 4.3 Once the Work is published, the Author will have the possibility to lower the price of the Work by offering discounts with predetermined percentages.
• 4.4 The Company reserves the right to offer temporary discounts of up to 30% of the sale price, regardless of any discounts already applied by the Author through the Website. This promotion will be applied to the total price, affecting the corresponding amount of the license fee (Author's commission) and service fee (Company's commission). The Author will have to take these additional promotions into account when setting the initial price.
• 4.5 Once the Work is sold, the Company will charge the Author a commission based on the sale price. The Company lists the fee that is taken on the Website. If Authors have any questions about payments and fees, they can contact customer support before submitting Works on the Website.
• 4.6 The Company reserves the right to change the fee or fee table that establishes the commission applied to Authors for using the Service at any time, without prior notice or notification.

5. Breach of contract

• 5.1 The Author agrees to attempt to resolve any complaints about the Work that has been the subject of the transaction by contacting the Company. The Author must maintain responsibility for confidentiality under all circumstances, even if they are experiencing problems regarding the sold Work, the Company, or the Buyer.
• 5.2 If the Seller carries out an action that affects any of the clauses of this contract, the Transfer of Rights Agreement, or the Terms of Use, the Seller agrees to compensate the Buyer for the damages and losses caused.
• 5.3 The Website will take care to protect the User's data, storing the data of the processed transactions and the personal details provided by the Users.
• 5.4 The Company is not liable for the accuracy of any data provided by Users, including but not limited to original names, nationalities, and addresses.
• 5.5 The Company cannot be held responsible for any infraction or legal problem related to the Work.
• 5.6 The Company cannot be held responsible for any possible loss of data or files due to external factors.
• 5.7 The Company will only act as a mediator and intermediary between the Author and the Buyer, within its capabilities. However, the Company will act as a channel to try to resolve any possible discrepancy or claim regarding published or sold Works. Therefore, if any of the two parties has any complaint about a transaction, please contact the customer support through the contact page or directly via email: hello@myghostmarket.com
• 5.8 To the fullest extent permitted by applicable law, the Author agrees to indemnify and hold the Company harmless from all damages, losses and expenses of any kind (including reasonable attorney's fees and costs) arising from: (1) Breach of this agreement; (2) fraudulent Content; (3) fraudulent activity in or through the Service in which the Author is involved; and (4) violation of the law or the rights of a third party.
• 5.9 If any provision in this contract is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in this contract shall not be affected in any way.
• 5.10 The Company is located at: Lege nº 5, floor 2, 1000, Sofia, Bulgaria.
• 5.11 The Author agrees to submit to the jurisdiction of the courts in Sofia, Bulgaria, for any conflicts with the Company.
• 5.12 By accepting this agreement, the Author confirms to have read and accepted the Terms of Use.