Terms of Use

Welcome! This is where you will find the Terms of Use for the Locke Ghost Producer website. Please take the time to read these terms carefully before using the service. Locke Ghost Producer is a website and brand that is owned by 53.400.640 SAMUEL LENO DA SILVA, hereinafter referred to as the “Company”. The Company operates and manages Locke Ghost Producer.

The Company provides services (“Service”) to you that are subject to the notices, terms, and conditions set forth in this agreement (“Terms of Use”). Additionally, when you use the Service, you will be subject to the rules, guidelines, policies, and agreements associated with the Service. The Company reserves the right to change the Website and the Terms of Use at any time. By accessing, browsing, or using the Website and the Service, you agree to all of the terms and conditions outlined in this agreement. Therefore, please take the time to carefully read this agreement before proceeding.

1. Definitions

1.1 “Company” refers to 53.400.640 SAMUEL LENO DA SILVA located in Belo Horizonte, MG, Brazil.
1.2 “Website” refers specifically to https://lockeghostproducer.com/, as well as all its subdomains and sections.
1.3 “Service” refers to the services provided by the Company and the Website.
1.4 “Seller(s)”, “Author(s)” or “Licensor(s)” refers to Users who register on the Website to use the Service with the sole intention of selling their Work to Buyers.
1.5 “Buyer(s)” or “Licensee(s)” refers to Users who register on the Website to use the Service with the sole intention of buying Works from Sellers.
1.6 “User(s)” refers to Sellers, Buyers, and third parties accessing the Website as natural or legal persons.
1.7 “Work(s)” or “Product(s)” refers to music licenses and files (such as tracks, beats, loops, samples, sounds, etc.) composed, produced, and recorded by Sellers and offered for sale on the Website, including both the composition and the master recording.
1.8 “Custom Project(s)” or “Project(s)” refers to a specific Service offered on the Website, which consists of an online platform where Buyers and Sellers can collaborate on musical projects (“Works”).
1.9 “Ready-made Work(s)” refers to a Work that is published and offered for sale on the Website already finished and ready to buy “as is”.
1.10 “Transfer of Rights” or “Transfer of Rights contract” refers to the contract entered into between the Buyer and Seller whereby they agree on the transaction of the Rights of the Work.
1.11 “Ghost Production” refers to an economic transaction in which the Author composes and/or produces the Work, and the Buyer purchases it to publish and release it under his or her artistic name, brand, or company.
“Rights” or “Copyrights” refers to all rights derived from a composed and produced musical creation (including the composition and the master recording).
“Content” refers to the content uploaded by Users (such as graphics, images, photos, texts, Works, etc.).

2. Use of the Site

2.1 Users accessing the Website represent and warrant that they are at least 18 years of age and they may legally adhere to this Terms of Use or, if they are less than 18 years of age, that their parent or lawful guardian has accepted this Terms of Use on their behalf.
2.2 Subject to the terms and conditions of this agreement, the Company hereby grants a limited, revocable, non-transferable and non-exclusive license to access and use the Website for the purpose of buying and selling music production services and products (“Works”) for personal and commercial use. Any breach of this agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.3 Except as permitted in the paragraph above, Users may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Website or any portion of it unless expressly permitted by the Company in writing. Users may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by the Company in advance. The Company reserves the right to refuse Service, terminate accounts, and/or cancel, edit, reject, or remove products at its sole discretion.
2.4 Users shall not upload to, distribute, or otherwise publish through the Website any Content, information, or other material that:
(a) Violates or infringes the Copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.
(b) Is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law or international law.
(c) Includes any bugs, viruses, worms, trap doors, trojan horses or other harmful code or properties.

3. Registration

3.1 To use certain services (“Service”), Users must register for an account. The User agrees to provide true, accurate, and complete information as prompted by the registration form and to update this information to maintain its accuracy.
3.2 The User is solely responsible for maintaining accurate information. If the User provides false, outdated, or incomplete information, the Company reserves the right to suspend or terminate the User’s account.
3.3 The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Service through the User’s account nor use the account of another User to access the Service.
3.4 The User is responsible for all activities carried out through the User’s account. If the User suspects unauthorized access to their account, they should immediately inform the Company.

4. Service Offered

4.1 The Service offered by Locke Ghost Producer through the Website is to allow the purchase and sale of music licenses and files (“Works”) through contracts between Buyers and Sellers, either with “Ready-made Works”, or with “Custom Projects” carried out through the Website.
4.2 The responsibility to legally fulfill the contracts rests solely on the Seller and the Buyer. Locke Ghost Producer only acts as an intermediary, offering its technology and resources. In this way, Locke Ghost Producer bears no responsibility for any disputes between the Buyer and the Seller, nor for any fraudulent or illegal actions taken by either party. The Company’s purpose is to successfully carry out transactions between Buyers and Sellers. Once this is fulfilled, Locke Ghost Producer’s responsibility ends. Any subsequent actions or events are not the responsibility of Locke Ghost Producer, but of the parties involved in the contract.
4.3 Locke Ghost Producer reserves the right to edit, modify, add, or delete, with or without notice, any element or part of the Website, Service, or its conditions of use and policies, partially or entirely. Locke Ghost Producer also has the right to:
(a) Reject, remove, hide, or edit Content submitted or uploaded by Sellers.
(b) Ask and demand information from Sellers concerning their submitted, uploaded, or sold Works.
(c) Cancel, freeze, or delay payments belonging to Sellers for any reason.
(d) Manage the Copyrights of the Works while they are published on the Website.
4.4 Through its Custom Projects service, Locke Ghost Producer may make available the possibility for Users to connect with other Users for the purpose of providing, or being provided, various types of music-related services and products (“Works”) on a project basis (each, a “Project” or a “Custom Project”), such as composing, performing, recording, editing, mixing, producing, etc. Such services are provided by the Seller to the Buyer in exchange for consideration to be determined and negotiated by the applicable Users. The Website may enable Users to find other Users, negotiate transactions for Projects, and enter into agreements resulting from such negotiations.
4.5 After a Custom Project has been created on the Website, both the Seller and the Buyer are strictly prohibited from negotiating and executing a Project transaction, including making or refunding any payments, related to the Project outside the Service and the Website. In addition, Users may not enter into any agreement with any other Users whom they met through the Website unless they do so through the Website. These actions are violations of this agreement, and the rights to continue using the Service will immediately terminate upon the violation of this paragraph. Users will be liable for any losses incurred to Locke Ghost Producer due to such violations.
4.6 Locke Ghost Producer has the right to manage, mediate, and coordinate each Custom Project.
4.7 In the event of a miscommunication between the Buyer and Seller regarding a Custom Project, Locke Ghost Producer shall intervene to resolve the issue. The resolution shall be arrived at by conducting a thorough examination of the situation and making a decision that is equitable and in accordance with ethical principles.
4.8 Locke Ghost Producer will charge one or more fees for the Service provided to the User. These fees are subject to modification, with or without prior notice.
4.9 The Service, Website, and all Content and software associated therewith, or any other features or functionalities associated with the Website or Services, are provided “as is” and “as available” with all faults and without warranty of any kind. Locke Ghost Producer does not guarantee, represent, or warrant that:
(a) The use of the Website or Service will be uninterrupted or error-free.
(b) The information on the Website is complete, true, accurate, or non-misleading.
(c) The Content on the Website constitutes or is intended to be advice of any kind. If the User requires advice regarding any matter (such as legal, musical, intellectual property, or copyright issues), they should consult an appropriate professional.
4.10 The Service is not liable for any loss of profit (whether insured directly or indirectly), any loss of goodwill, any loss of business or artistic reputation, any loss of opportunity, or any loss of data suffered through use of or inability to use the Website or Services. The User uses the Service solely at the User’s own risk. Locke Ghost Producer may discontinue the Website or portions thereof at any time, without notice.
4.11 All transactions and contracts concluded through the Service are subject to the applicable intellectual property laws.
4.12 Locke Ghost Producer does not engage in any activities related to intellectual property or copyright management and cannot be held accountable for any issues related to intellectual property. Locke Ghost Producer also does not provide legal advice on intellectual property. If Users need more information about intellectual property law and how it applies to the Service, they should consult with a specialist lawyer before using it.
4.13 The Service, as well as the content published on the Website, including texts, advertisements, and other statements through any of Locke Ghost Producer’s channels, must be understood within the framework of international intellectual property law. Users must use the Service in compliance with international intellectual property law. Therefore, Locke Ghost Producer is not responsible for any misunderstandings arising from the Service, its texts, advertisements, or statements through any of Locke Ghost Producer’s channels. The User must not disregard the law or misunderstand it.
4.14 Locke Ghost Producer bears no liability for intellectual property issues arising from its operations.
4.15 Licensor (“Seller”) and Licensee (“Buyer”) must enter into an electronically agreement (“Transfer of Rights”). This agreement outlines the terms and conditions of the transaction related to the Work and describes the Rights granted to the Licensee to use, reproduce, modify, adapt, publish, translate, distribute, perform (publicly or otherwise), and otherwise exploit the Work provided by the Licensor.
4.16 The Users accept digital signatures as valid for all contracts made through the Service.
4.17 Locke Ghost Producer only provides customer support through email. The messages will be addressed based on their level of priority. Locke Ghost Producer assumes no obligation to respond to any communication. The official contact email for Locke Ghost Producer is contact@lockeghostproducer.com.

5. Conditions for Sellers

5.1 Sellers are able to use the Service to offer their Work for sale. It is incumbent upon the Seller to make use of the Service and to accept responsibility for any and all resulting consequences. Furthermore, it is the Seller’s duty to thoroughly read and comprehend all relevant terms and contracts associated (including the “Upload Agreement” and the “Transfer of Rights” contract) with the use of the Service.
5.2 Sellers may submit Ready-made Works for sale. Upon approval, they will be published on the Website in accordance with the Terms of Use and related contracts.
5.3 Sellers have the opportunity to provide customized production services through the Custom Projects service to deliver tailor-made Works. By using the Service, the Seller agrees to:
(a) Provide a quality Work that meets the specifications outlined in the advertisement, the demos, and the price listed on the Website by The Seller.
(b) Undertake to successfully develop and complete the Project.
(c) Meet the deadlines established in the Project and maintain open communication with the Buyer throughout the Website.
(d) Make all necessary revisions until the Buyer is satisfied with the final outcome of the Project.
(e) Receive payment for the completed Work upon completion of the Project.
(d) Reserve the right to cancel the Project, but in doing so, will forfeit the right to receive any payment for the services offered.
(f) Consider all files, references, and demos shared through the Project to be confidential information between the Seller and the Buyer.
5.4 By submitting their Work, the Seller grants to the Company a worldwide, exclusive, royalty-free, transferable license (with the right to sub-license) to use, reproduce, distribute, prepare derivative works, display, and perform the uploaded Content in the interest of the performance of the Company’s services and business.
5.5 Upon submission of their Work, the Seller acknowledges and grants that they are fully aware of the implications of selling their Work on the Website. The Buyer, upon successful completion of the sale, becomes the new owner of the Work’s copyrights, following all the conditions established in the associated agreements (“Upload Agreement” and “Transfer of Rights” contract).
5.6 Sellers must respond to the Company’s communications and notices regarding their account and the submitted, published, or sold Work. Failure to do so will result in a ban from using the Service and the Seller will be held responsible for any resulting consequences.
5.7 The Work submitted by the Seller for sale on the Website must be original and exclusive. If the Seller uses royalty-free Content in their Work, it must be listed and clearly indicated in the Work’s description.
5.8 The Seller hereby agrees to maintain strict confidentiality and anonymity regarding the creation of the Works submitted, published, and/or sold on the Website.

6. Conditions for Buyers

6.1 The Buyer is entitled to use the Service offered by the Company to purchase songs or music production services, along with their respective licenses and files (“Work”), under the conditions set forth in these terms and related agreements. The Buyer bears sole responsibility for the use of the Service and must accept any resulting consequences that may arise.
6.2 The Buyer is eligible to receive the files comprising the purchased Work. These files can be accessed and downloaded for a period of five years from the date of purchase.
6.3 The Company shall not be held liable for any issues pertaining to the files and shall not accept responsibility in the event of compatibility problems between the files and the Buyer’s analog or digital equipment. The Company shall also not be held accountable for any problems or incompatibilities related to licenses or software versions.
6.4 The Buyer has the possibility to purchase customized production services through the Custom Projects service to receive tailor-made Works. By using this Service, the Buyer agrees to the following terms:
(a) The Company shall not be held responsible if the Work delivered by the Seller fails to meet the Buyer’s expectations.
(b) The Buyer assumes full responsibility for ensuring the success of the Project. It is the Buyer’s responsibility to provide clear, concise, and direct instructions and specifications, as well as appropriate references, for the desired outcome of the Work to be provided by the Seller. Once the Project has commenced and the instructions have been provided to the Seller, the Buyer may not alter the previously given instructions or references.
(c) The Company reserves the right to limit the number of revisions for a Project if it determines that the Buyer is taking advantage of the Seller.
(d) The Buyer may choose to cancel the Project; however, they will not be eligible for a refund of the initial upfront payment.
(e) The Buyer may be entitled to a cancellation of the Service and refund of the initial upfront payment, if the Seller does not meet the deadline. However, this will not be the case if the delay is justified.
(f) The Buyer does not own the rights to the Work until it is finalized, the Project is marked as closed, and the Buyer receives the Transfer of Rights contract. The Buyer may not share or distribute with any third party outside of the Service any of the files, demos, compositions, or ideas that the Seller shares in the Project.
6.6 The Buyer is aware that the Company only offers the Service and is not the direct seller of the Works. The Company acts as an intermediary in the transaction. The Company is not liable for any issues that may arise and its responsibility is limited to providing the Service outlined in these terms and ends upon completion of the said Service.

7. Termination and effect of termination

In addition to any other legal or equitable remedies, the Company may, without prior notice, immediately terminate the Agreement or revoke any or all of the rights granted under this agreement. Upon any termination of this agreement, the User shall immediately cease all access to and use of the Website and the Company shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to the User and deny the access to and use of the Website in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

8. Refund Policy

8.1 The User agrees that all refunds are at the sole discretion of the Company. The Company is not obligated to refund amounts paid for licensed Works, including, but not limited to, if the Company determines that the Work has been downloaded by the User. The User must comply with the applicable Refund Policy set by the Company from which they purchased the Work or Service, which the Company may modify at any time at its discretion.
8.2 In the event that the Company decides to issue a refund (which it is not required to do), the User must promptly delete all related Work files from all locations where they have been distributed or downloaded, including but not limited to any Dropbox or other cloud accounts synced with the User’s account.
8.3 The User also acknowledges and agrees that once a refund is requested, they are not authorized to exploit the Work files in question and, upon receipt of the refund, all licenses for such product files and underlying content are revoked, and the User is prohibited from using the Work for any purpose.

9. Intellectual Property

9.1 All text, graphics, button icons, images, audio clips, music, software, etc. (“Content”), belongs exclusively to the Company, or affiliates. The collection, arrangement, and assembly of all Content on the Website belong exclusively to the Company or its affiliates. All software used on the Website is the property of the Company, its affiliates, or its Software suppliers. The Content, the Website, and the Software are all protected by international copyright laws. The Company and other logos, design logos, taglines, slogans, trade names, or words are registered trademarks, trademarks, or service marks of the Company, its affiliates, suppliers, or third parties. The use of any of the Company’s trademarks or Service marks without the Company’s express written consent is strictly prohibited. Users may not use the Company’s trademarks or Service marks in connection with any product or service in any way that is likely to cause confusion. Users may not use the Company’s trademarks or Service marks in any manner that disparages or discredits the Company. Users may not use any of the Company’s trademarks or Service marks in meta tags without prior explicit consent.
9.2 The Company is not responsible for art covers, image profiles, text, Works, and other Content uploaded by Users. The User undertakes that they have all necessary rights to any Content submitted, uploaded, or published on the Website and are not infringing or violating any third party’s rights by posting it. The User agrees that if any third party brings a claim against the Company related to Content that the User posts, then, to the extent permitted by law, the User will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim. The Company reserves the right to handle any potential legal defenses under this indemnification agreement however the Company sees fit.
9.3 The Company does not represent, warrant, or guarantee the truthfulness, authenticity, accuracy, quality, or reliability of any of the Content posted, displayed, linked to, or otherwise transmitted via the Website or Service. The User agrees to evaluate and bear all risks associated with publishing for sale or purchasing any Work, including any claims arising from the authenticity, completeness, or originality of the Work. The Company possesses the immediate right, but not the obligation, to edit or remove any Content from the Website at any time and/or terminate the User’s ability to access the Website and/or the Service without notice, at its sole discretion.
9.4 If the User believes that Content residing on or accessible through the Website infringes a copyright, the User may send a notice of infringement via email to contact@lockeghostproducer.com, which must include all of the following required information:
(a) A physical or electronic signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon.
(b) Specific identification of each alleged infringement of copyrighted Content.
(c) A description of the specific location of the Content that is allegedly infringed upon on the Website to find the claimed copyrighted work. Please be as specific as possible and provide a URL to help locate the material that is believed to be copyrighted.
(d) Contact information for the complaining party, including the full name of the intellectual property owner, address, telephone number, and email address, as well as contact information for the notifying party, including name, address, telephone number, and email address.
(e) A statement that the notifying party has a good faith belief that the use of the Content(s) in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and a statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifying party is authorized to make the complaint on behalf of the copyright owner.

10. Links

The Website may contain links to other websites on the Internet that are owned and operated by third parties. The User acknowledges that the Company is not responsible for the operation of or content located on or through any such websites.

11. Indemnification

The User agrees to indemnify, defend and hold harmless the Company, its officers, managers, members, employees, agents, attorneys, affiliates, successors, and assigns, from and against any liability, loss, claim, investigation, settlement, judgment, proceeding, cost and expense, including without limitation reasonable attorneys’ fees and disbursements, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to:
11.1 The User’s breach or violation of these Terms of Use or any applicable state or applicable law.
11.2 The User’s infringement of any copyright or intellectual property rights of any person or entity.
11.3 The User’s use of the Website. This provision shall survive the termination of the Terms of Use for any reason.

12. Remedies

12.1 In the event of any breach of these Terms of Use, the non-breaching party shall have the right to pursue any and all remedies available under applicable law, including but not limited to injunctive relief, specific performance, and monetary damages. The non-breaching party shall be entitled to recover all costs and expenses incurred in enforcing its rights under these Terms of Use, including reasonable attorneys’ fees and court costs. The pursuit of any particular remedy by the non-breaching party shall not preclude its pursuit of any other remedy or relief available under these Terms of Use or under applicable law.
12.2 No right or remedy of the Company shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorneys’ fees, and expenses.
12.3 No instance of waiver by the Company of its rights or remedies under these Terms of Use shall imply any obligation to grant any similar, future, or other waiver.

13. Guarantee of funds

13.1 The Company is not a bank or another licensed financial institution and does not provide banking services.
13.2 The amounts shown as on deposit, in a User account, are not segregated into a separate account but represent unsecured obligations of the Company to the User with respect to the purchase and sale through the Website.
13.3 The Company is not acting as a trustee or fiduciary with respect to such funds or payments but is acting only as an agent.
13.4 Amounts transferred through or stored in the payment service are not insured or guaranteed deposits.

14. Limitation of liability

In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with the use, or inability to use, the Website, the Service offered, any website linked to it, any Content on the Website or such other websites or any services or items obtained through the Website or such other websites. The Company’s limitation of liability extends to third-party actions, including unauthorized system access by hackers or exploitation of the Website’s vulnerabilities. This includes any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

15. Taxes

The User is solely responsible for paying any governmental taxes, including any goods and services or value added taxes for services they acquire or perform through the Website.

16. Severability

If any provision in these Terms of Use or related agreements is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these Terms of Use or other agreements related to the Service shall not be affected in any way.

17. Credit card statement

Buyers can identify the purchase on their credit card statement with the following descriptor: “LOCKE GHOST”.

18. Company’s contact

Please send any questions or comments (including all inquiries related to copyright infringement) regarding the Website to the email: contact@lockeghostproducer.com.