TERMS AND CONDITIONS
Last Updated: December 9, 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
1. Key Terms
Electropreneurs LLC DBA EDM Ghost Producer (hereafter “EDM GP”, “we”, “us”, or “our”) is an online platform that facilitates the buying and selling of custom-made Musical Compositions and provides music production services (collectively, “Services”), accessible at www.edmghostproducer.com.
- “User” or “Users” means a person over the age of 18 who visits, browses, or accesses the Website and its Services, whether as a Buyer or a Seller (Producer/Vocalist).
- “Content” means text, graphics, images, music, software, audio, video, information, or other materials contained on the Website.
- “Musical Compositions” or “Tracks” means music or sounds, including any accompanying words, lyrics, melodies, stems, MIDI files, and project data uploaded to the platform.
- “Deliverables” means the specific files (WAVs, MIDI, Stems) provided by a Seller to a Buyer upon purchase.
2. ACCEPTANCE OF TERMS
By using, visiting, browsing, or accessing the Website or Services, the User agrees to comply with and be legally bound by these Terms of Service (“Terms”), whether or not you register for an online account. These Terms constitute a legally binding agreement between the User and EDM GP. If User does not agree to these Terms, User has no right to obtain information from or otherwise continue using the Website or Services.
3. CHANGES TO TERMS
EDM GP reserves the right to change these Terms at any time. Such revisions shall be effective immediately upon posting. Continued use of the Website after any such changes constitutes your acceptance of the new Terms.
4. USER ACCOUNTS & SECURITY
User is responsible for maintaining the confidentiality of their account password and username. User agrees to notify EDM GP immediately of any unauthorized use of their account. EDM GP reserves the right to terminate accounts that are suspected of fraud, copyright infringement, or violation of these Terms.
Users acknowledge that they are solely responsible for all activities that occur under their account, whether or not such activities are authorized. EDM GP shall not be liable for any loss, damage, or unauthorized transactions resulting from a User’s failure to safeguard their account credentials. Users agree to ensure that all information provided during registration and throughout their use of the platform is accurate, current, and complete, and they agree to update such information as necessary to maintain its accuracy.
EDM GP reserves the right, in its sole discretion, to suspend or terminate any account that appears to be involved in fraudulent conduct, copyright infringement, unauthorized reselling, misuse of the platform, attempts to circumvent security measures, or any conduct that violates these Terms or applicable law. EDM GP may also restrict access to certain features, withhold royalty payments, or require additional verification or authentication measures if unusual activity is detected or if EDM GP determines that such actions are necessary to protect the integrity of the platform or the security of other Users.
Users understand that EDM GP may implement security protocols, technical safeguards, and monitoring tools designed to protect the platform and its Users. By using the Website, Users consent to such measures and acknowledge that EDM GP may take appropriate action to ensure the ongoing security, stability, and compliance of the platform.
5. SELLER OBLIGATIONS & WARRANTIES (FOR PRODUCERS & VOCALISTS)
By uploading Musical Compositions to EDM GP, Seller represents and warrants that:
- Ownership: Seller is the sole and exclusive owner of all rights, title, and interest in the Musical Composition, including the copyright, master recording, and underlying composition.
- Sample Clearance: The Musical Composition does not contain any unauthorized samples, loops, or sound recordings owned by third parties. Any samples used must be royalty-free and fully licensed for commercial exploitation.
- No Generative AI: Seller warrants that the Musical Composition, including all melodies, lyrics, and arrangements, is 100% original and created by human authorship. Seller represents that they have NOT used Generative AI tools (including but not limited to Suno, Udio, ChatGPT, or similar technologies) to generate the core composition, lyrics, or vocal performance. Use of AI-based mixing or mastering tools (e.g., Ozone) is permitted.
- Indemnification: Seller agrees to indemnify and hold EDM GP harmless against any claims, damages, or legal fees arising from a breach of these warranties.
6. BUYER RIGHTS & TRANSFERS
Upon the successful purchase of a “Ghost Production” track, the Buyer receives 100% of the Commercial Copyright (Master & Publishing) to the Musical Composition. The Seller waives all commercial claims to the track, allowing the Buyer to release, distribute, and monetize the track as their own original work.
Unless explicitly marked as “Non-Exclusive” or “Royalty-Free” (e.g., Vocal Packs), tracks sold on EDM GP are sold on a 1-of-1 Exclusive Basis. Once purchased, the track is removed from the store and cannot be sold to another Buyer.
Notwithstanding the foregoing assignment of commercial copyright, the Company expressly retains all Data Rights and AI Usage Rights described in Section Seven. The transfer of commercial rights to the Buyer does not include, limit, or impair the Company’s continuing right to retain, store, analyze, process, or utilize any production components, including stems, MIDI files, project data, or other underlying materials. The Buyer acknowledges that such Data Rights are expressly carved out from this assignment and remain exclusively with the Company in perpetuity.
Exclusivity applies solely to the finalized Track as a unique combination of musical, compositional, and production elements, and does not extend to any third party or royalty free vocal recordings, samples, presets, or sound materials that are licensed on a non exclusive basis. Buyers acknowledge that such non exclusive elements may lawfully appear in other works created or released by unrelated third parties.
7. DATA RIGHTS & ARTIFICIAL INTELLIGENCE
By uploading any Content to the platform, including but not limited to stems, MIDI files, project files, vocal recordings, lyrics, and other audio or musical components, the User grants EDM GP a perpetual, irrevocable, worldwide, non exclusive, transferable, and royalty free license to store, reproduce, analyze, process, modify, encode, and otherwise use such Content for the purpose of developing, training, testing, evaluating, and improving machine learning systems, artificial intelligence algorithms, generative audio tools, and internal data analysis technologies. This license becomes effective immediately upon upload and is fully earned in exchange for access to the platform and related Services.
The rights granted to EDM GP for AI and data usage shall survive any sale or transfer of commercial rights in the associated Musical Composition. When a Buyer purchases a track and receives commercial copyright as described in Section Six, that transfer applies only to the commercial exploitation of the Musical Composition and does not revoke, diminish, or interfere with EDM GP’s continuing right to retain and use the underlying production elements for AI Usage. Users and Buyers acknowledge that the commercial rights and the data rights operate independently and that the sale of a track does not require EDM GP to delete, alter, or restrict any datasets, models, or internal tools that incorporate or rely upon previously uploaded Content.
When EDM GP processes or utilizes vocal recordings for AI related purposes, such recordings may be incorporated into anonymized, aggregated, or blended datasets that do not identify the contributing User individually. EDM GP agrees that any AI usage involving human voice data shall be restricted to the creation and refinement of generic or blended models and shall not be used to develop, market, or distribute a standalone voice clone, identity replica, or uniquely identifiable sound alike version of any individual User without that User’s express written consent. Users acknowledge that blended or aggregate training processes may produce outputs that cannot be associated with, extracted from, or reversed back to any single contributing vocalist.
Users further acknowledge that AI training may result in the creation of derivative technologies or model outputs that cannot feasibly be disentangled from the underlying training data. For this reason, the rights granted to EDM GP under this Section are non revocable and remain in effect regardless of account deletion, removal of Content from public listings, or later withdrawal from the platform. These rights also remain in force with respect to all Content that has been incorporated into training datasets or technologies created prior to any request for removal.
8. BIOMETRIC DATA CONSENT (VOCALISTS)
To the extent that any Uploaded Content contains or embodies the human voice, the User acknowledges that such voice data may constitute a biometric identifier or biometric information under applicable laws, including but not limited to the Illinois Biometric Information Privacy Act and the California Consumer Privacy Act. Users understand that biometric information includes unique vocal characteristics such as tone, timbre, spectral qualities, rhythm, pronunciation patterns, and other acoustic features capable of identifying a natural person.
By uploading Content to the platform, the User provides informed, voluntary, and affirmative consent for EDM GP to collect, store, analyze, process, and utilize the User’s voice data for purposes that include internal quality control, dataset curation, and the development, training, testing, and improvement of machine learning models and generative audio technologies. Users further consent to EDM GP’s use of technology partners or service providers to perform such processing, provided that these partners act under written agreements that require them to safeguard biometric data in a manner consistent with applicable privacy laws.
Users acknowledge that voice data may be retained by EDM GP for as long as necessary to support legitimate business and technological purposes, including the maintenance of training datasets and the continued functioning of AI systems that rely on historical inputs. Users understand that biometric information may become embedded within derivative models and systems in a manner that makes extraction or deletion impracticable.
A User may request deletion of their biometric data from active datasets by contacting EDM GP’s support team. Any such request shall be honored to the extent required by law and to the extent technically feasible. Requests for deletion shall not apply to datasets, trained models, derivative technologies, or backup systems created prior to the request, nor shall they affect any rights that EDM GP retains under these Terms with respect to Sold Tracks or to Content already incorporated into training processes. Users acknowledge that certain legal and contractual obligations require retention of data associated with completed transactions.
Users agree that by using the platform they have received adequate notice of EDM GP’s collection and use of biometric information and that their consent to such practices is a condition of participating as a Vocalist or uploading vocal Content.
9. PROHIBITED USES
Users agree that they shall not use the Website or the Services for any unlawful, harmful, fraudulent, or unauthorized purpose. Users shall refrain from engaging in any activity that violates applicable law, infringes upon the intellectual property rights of others, disrupts the operation of the platform, or interferes with the rights or experience of other Users.
Users shall not upload, post, transmit, or distribute any Content that infringes or may reasonably be believed to infringe any copyright, trademark, trade secret, patent, right of publicity, right of privacy, or any other proprietary or personal right of any third party. Users are solely responsible for ensuring that all Content they submit is fully original or properly licensed for commercial and technological exploitation, including but not limited to assignments of copyright and uses related to AI training.
Users shall not use automated tools to access, monitor, crawl, scrape, index, or extract data from the Website without EDM GP’s express written authorization. This prohibition includes the use of software bots, spiders, harvesters, or similar technologies designed to interact with or extract information from the platform in ways not intended by EDM GP.
Users shall not attempt to circumvent, disable, breach, or otherwise interfere with any security mechanisms, access controls, technical protections, or operational safeguards implemented by EDM GP. This includes efforts to bypass digital rights management, tamper with platform functionality, manipulate transaction processes, or access areas of the Website to which the User is not authorized.
Users shall not engage in conduct that could damage, disable, or impair the performance of the Website or disrupt the experience of other Users. This includes uploading malware, viruses, corrupted files, or any material designed to interfere with platform stability or data integrity.
Any violation of this Section constitutes a material breach of these Terms and may result in removal of Content, suspension of User privileges, termination of the User’s account, and any other remedies EDM GP deems appropriate.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EDM GP, TOGETHER WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, SUCCESSORS, AND ASSIGNS, SHALL NOT BE LIABLE TO ANY USER FOR ANY FORM OF DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE, THE SERVICES, THE CONTENT, ANY MUSICAL COMPOSITION OR DELIVERABLE, OR ANY TRANSACTION OCCURRING THROUGH THE PLATFORM. THIS LIMITATION APPLIES TO ALL DAMAGES OF ANY TYPE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, AND INCLUDES DAMAGES RESULTING FROM LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER MALFUNCTION, SERVICE OUTAGES, DELETION OF CONTENT, OR ANY INABILITY TO USE THE WEBSITE OR SERVICES.
EDM GP SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE COMMERCIAL EXPLOITATION, DISTRIBUTION, RELEASE, MODIFICATION, OR MISUSE OF ANY MUSICAL COMPOSITION PURCHASED THROUGH THE PLATFORM. USERS ACKNOWLEDGE THAT EDM GP IS NOT RESPONSIBLE FOR VERIFYING THE COMMERCIAL VIABILITY, ORIGINALITY, MARKET SUITABILITY, OR LEGAL COMPLIANCE OF ANY CONTENT UPLOADED BY SELLERS. BUYERS ASSUME FULL RESPONSIBILITY FOR EVALUATING THE RISKS ASSOCIATED WITH RELEASING OR MONETIZING PURCHASED TRACKS, AND SELLERS REMAIN SOLELY LIABLE FOR THE REPRESENTATIONS AND WARRANTIES MADE IN SECTION FIVE. EDM GP SHALL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH THE USE, PERFORMANCE, OR OUTPUTS OF AI SYSTEMS OR MACHINE LEARNING TOOLS THAT UTILIZE CONTENT UPLOADED TO THE PLATFORM. USERS ACKNOWLEDGE THAT AI USAGE MAY PRODUCE IMPERFECT, UNEXPECTED, OR EXPERIMENTAL RESULTS AND THAT EDM GP MAKES NO REPRESENTATION REGARDING THE ACCURACY, QUALITY, OR RELIABILITY OF ANY MODELS TRAINED ON USER CONTENT.
EDM GP shall not be responsible for any delay, corruption, loss, or modification of data arising from system failures, maintenance operations, cyberattacks, unauthorized access, third party service interruptions, or causes beyond EDM GP’s reasonable control. Users agree that they maintain sole responsibility for securing and backing up copies of all files they upload to or download from the platform.
In all cases, the total cumulative liability of EDM GP for any claim arising out of or relating to these Terms shall not exceed the greater of one hundred dollars or the total amount paid by the User to EDM GP in the twelve month period preceding the event giving rise to the claim. This limitation applies regardless of the form of action, whether in contract, tort, negligence, strict liability, statutory liability, or any other theory.
The limitations in this Section form an essential basis of the bargain between the User and EDM GP. Users acknowledge that, without these limitations, the Website and Services would not be made available under the same terms. These limitations shall apply even if EDM GP has been advised of the possibility of such damages and shall survive termination of the User’s account or these Terms.
11. DMCA POLICY
EDM GP respects the intellectual property rights of others and adheres to the requirements of the Digital Millennium Copyright Act, commonly known as the DMCA. Users are strictly prohibited from uploading, posting, or transmitting any material that infringes or may infringe the copyrights or proprietary rights of any person or entity.
If EDM GP receives a written notification that meets the statutory requirements of Section 512(c)(3) of the DMCA, alleging that specific Content on the platform infringes a copyright, EDM GP may promptly remove or disable access to the material identified in the notice. Upon taking such action, EDM GP may provide notice to the User responsible for the material so that the User may, if appropriate, submit a counter notification pursuant to Section 512(g) of the DMCA.
EDM GP has no obligation to evaluate or adjudicate the merits of any claim of infringement. EDM GP acts solely to comply with the DMCA safe harbor procedures and to reduce legal exposure to the platform. Users agree that EDM GP shall not be liable for any damages, losses, or interruptions arising from the removal or disabling of access to Content in response to a DMCA notice.
Users further acknowledge that EDM GP may, in its discretion, suspend or terminate the accounts of Users who are determined to be repeat infringers or who upload content that appears to be intentionally or recklessly infringing. Users are encouraged to ensure that all content uploaded to the platform is either entirely original or properly licensed for commercial use.
12. CONTENT REMOVAL
EDM GP retains the right, but not the obligation, to review, monitor, and evaluate any Content submitted to the platform. At any time, and without prior notice to the User, EDM GP may remove or restrict access to Content if EDM GP determines in its sole discretion that the Content violates these Terms, infringes the rights of third parties, is fraudulent, misleading, harmful, or otherwise inconsistent with the quality or integrity standards of the platform.
Content may also be removed or restricted if it poses legal, operational, or reputational risk to EDM GP or its partners. EDM GP may suspend or terminate any User account associated with such Content and may withhold royalties or payments pending the investigation of a dispute or suspected violation. Users acknowledge that EDM GP has full discretion to determine whether any Content meets platform standards or poses unacceptable risk.
The removal of Content from public availability on the platform does not revoke, diminish, or limit any rights previously granted to EDM GP under these Terms or under a separate Producer or Vocalist Agreement. In particular, EDM GP retains its perpetual rights to store, analyze, process, and utilize any Stems, MIDI files, Project Data, Vocal Recordings, or other production elements for AI Usage as described in Section 7. Removal from the storefront does not require EDM GP to delete training data, derivative models, historical datasets, backups, or other technical materials in which the removed Content has already been incorporated.
Users agree that EDM GP shall not be liable for any loss, damage, or harm arising from the removal or restriction of Content, and Users waive any claim against EDM GP relating to such actions. Users are solely responsible for maintaining backup copies of any Content they upload to the platform.
13. REFUNDS
All sales made through the EDM GP platform are final. Once a Buyer completes a purchase and gains access to the Deliverables associated with a Musical Composition, EDM GP has no obligation to issue a refund for any reason. Buyers acknowledge that the nature of digital goods renders them non returnable, and that access to Deliverables cannot be reversed once files have been downloaded or made available.
In the event that a Buyer initiates a chargeback or payment dispute with a financial institution, EDM GP may revoke the Buyer’s commercial rights to the Musical Composition, disable access to the Deliverables, and suspend the Buyer’s account pending resolution of the dispute. EDM GP reserves the right to recover any losses, fees, or expenses incurred as a result of fraudulent or improper chargebacks. Disputed transactions may be referred to collections or legal enforcement where appropriate.
If a Seller is found to have violated these Terms, including but not limited to the originality obligations in Section Five, EDM GP may exercise its discretion to issue a refund to affected Buyers. Such refunds shall be issued solely by EDM GP and shall not entitle Sellers to continued royalty payments or compensation for the disputed sale. Sellers agree that EDM GP may offset future royalties or withhold funds to cover refunds, chargebacks, or losses associated with Seller misconduct.
Nothing in this Section obligates EDM GP to intervene in disputes between Buyers and Sellers beyond the scope expressly required by these Terms. Users understand and agree that EDM GP is not responsible for a Buyer’s satisfaction with the creative quality, subjective value, or commercial performance of any purchased track.
14. NO WARRANTY
The Website, the Services, all Musical Compositions, all Deliverables, and all Content provided or made available through the EDM GP platform are offered strictly on an “as is” and “as available” basis. EDM GP does not make, and expressly disclaims, any and all representations or warranties of any kind, whether express, implied, statutory, or otherwise, including any warranties of title, merchantability, fitness for a particular purpose, accuracy, reliability, suitability, or non infringement.
EDM GP does not warrant that any Musical Composition will meet a Buyer’s expectations, achieve any commercial result, be accepted by distributors or streaming platforms, remain free of third party claims, or be suitable for any specific artistic, technical, or commercial use. Buyers assume all risk associated with the release, distribution, modification, or exploitation of purchased tracks, and Sellers remain solely responsible for the originality and legality of the Content they upload.
EDM GP does not warrant that the Website or Services will operate uninterrupted, be free of errors, or remain secure at all times. Users acknowledge that system failures, technical delays, security vulnerabilities, and third party service interruptions may occur and that EDM GP shall not be responsible for any resulting losses. EDM GP does not guarantee that AI Usage of Content will generate any specific output, feature, result, or performance characteristic.
To the fullest extent permitted by law, EDM GP disclaims all liability for any damages arising from or related to the use, misuse, inability to use, or performance of the Website, Services, or Content. Users assume full responsibility for evaluating the risks associated with uploading, purchasing, or distributing digital audio content and agree that their use of the platform is undertaken entirely at their own discretion.
15. TERMINATION
EDM GP may suspend or terminate a User’s access to the Website or Services at any time and for any reason, including but not limited to violations of these Terms, suspected fraud, infringement of intellectual property rights, failure to comply with platform guidelines, or conduct that EDM GP determines to be harmful to the platform, its Users, or its business interests. Termination may include removal of public access to a User’s profile, listings, or uploaded Content and may also include withholding of royalty payments during an investigation into any suspected breach.
A User may close their account at any time by notifying EDM GP in writing. Account closure shall not require EDM GP to delete any Content previously uploaded to the platform, nor shall it affect any rights already granted to Buyers or to EDM GP. Users acknowledge that all rights that EDM GP retains under Sections Six, Seven, Eight, and other applicable provisions of these Terms, including but not limited to Data Rights, AI Usage rights, sublicensing rights, biometric consents, and indemnification obligations, shall remain in full force and effect notwithstanding termination of a User’s account.
Termination of an account does not unwind or invalidate commercial rights already transferred to a Buyer and does not entitle the terminating User to any refund or compensation. Users understand that the nature of digital content, exclusive sales, and perpetual AI licensing makes certain rights non reversible. Users further acknowledge that EDM GP shall not be liable for any losses, damages, or claims arising out of the termination of an account or removal of access to the Website or Services.
All provisions of these Terms that by their nature are intended to survive termination, including but not limited to intellectual property assignments, data licenses, confidentiality obligations, indemnification, limitations of liability, dispute resolution terms, and governing law provisions, shall survive indefinitely.
16. REVOCATION OF UPLOADED CONTENT
Once a User uploads Content to the EDM GP platform, the User grants EDM GP the rights described in these Terms, including the right to store, process, analyze, sublicense, and utilize the Content for AI Usage and internal development. Users acknowledge that these rights become effective immediately upon upload and cannot be revoked, withdrawn, rescinded, or restricted after the fact. Account deletion or removal of Content from public listings does not nullify or diminish the rights previously granted to EDM GP under Section Seven.
Users understand that uploaded Content may be incorporated into training datasets, machine learning systems, anonymized or aggregated data collections, backup systems, derivative technologies, or blended AI models. Because such uses cannot be reversed without impairing the integrity of EDM GP’s systems, Users expressly agree that EDM GP is not required to delete Content from internal datasets or trained models, even if a User requests removal of their account or files. Users further acknowledge that deletion of Content from public storefronts does not require EDM GP to delete any historical data, AI outputs, model weights, technical artifacts, or derivative works created prior to deletion.
Nothing in this Section prohibits a User from requesting removal of their publicly visible listings, provided that such removal shall not affect EDM GP’s continued rights to retain and utilize the Content for purposes permitted under these Terms. Users waive any legal claims, including claims of infringement, misappropriation, or misuse, arising from EDM GP’s retention or continued internal use of Content that was validly uploaded to the platform prior to the User’s request for removal.
17. NO FRAME RIGHTS
Users acknowledge and agree that the purchase, upload, use, or distribution of Content through the EDM GP platform does not confer or imply any right to claim association with, endorsement by, authorship of, or affiliation with any producer, vocalist, brand, or public figure. Buyers may commercially exploit purchased Musical Compositions, but Buyers shall not represent or suggest that any track was created by any specific artist, celebrity, producer, or composer other than the Buyer, unless such attribution is expressly authorized in writing.
Sellers similarly acknowledge that their participation on the platform does not entitle them to represent publicly that EDM GP endorses their work, sponsors their artistic identity, or guarantees commercial outcomes. Users agree that they shall not use EDM GP’s name, trademarks, logos, or any identifying materials in a manner that may mislead others about the origin of a track, the nature of the transaction, or the relationship between Users and EDM GP.
Nothing in these Terms grants Users the right to exploit the name, likeness, persona, brand, business reputation, or proprietary identity of any other User or of EDM GP. Any attempt to trade on goodwill, imply false endorsement, or reference another party’s reputation in connection with a track or transaction shall constitute a violation of these Terms and may result in account suspension, removal of Content, or other remedial actions.
18. ARBITRATION
Any dispute, controversy, or claim arising out of or relating to these Terms, the Website, the Services, any Content, or any transaction conducted through the EDM GP platform shall be resolved exclusively through binding arbitration administered by the American Arbitration Association. The arbitration shall take place in San Diego County, California, before a single arbitrator experienced in commercial and technology matters. The arbitrator shall have full authority to award any relief available in a court of competent jurisdiction, except that the arbitrator shall not have the authority to modify or disregard the limitations and disclaimers set forth in these Terms.
The Parties acknowledge that arbitration is intended to provide a fair and efficient means of resolving disputes and agree to participate in good faith. The decision of the arbitrator shall be final and binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. Each Party shall bear its own costs and attorney fees in connection with the arbitration, except as otherwise provided by law or as awarded by the arbitrator.
Users agree that arbitration shall be the sole and exclusive method for resolving disputes and that they waive any right to bring or participate in a lawsuit in court, except to enforce an arbitration award or to seek injunctive relief in limited circumstances described in these Terms. Users further acknowledge that disputes may involve technical, creative, or contractual matters and that arbitration provides a forum suited to resolving such issues without extensive litigation.
USERS AGREE THAT ANY DISPUTE SUBJECT TO ARBITRATION SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. USERS EXPRESSLY WAIVE ANY RIGHT TO BRING, PARTICIPATE IN, OR BE REPRESENTED IN ANY CLASS ACTION, CLASS PROCEEDING, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION AGAINST EDM GP. ARBITRATIONS SHALL NOT BE CONSOLIDATED WITH THOSE OF OTHER USERS. THIS WAIVER APPLIES TO ALL CLAIMS, WHETHER ARISING UNDER CONTRACT, STATUTE, TORT, FRAUD, OR ANY OTHER LEGAL THEORY.
USERS UNDERSTAND THAT BY AGREEING TO ARBITRATION AND BY WAIVING CLASS ACTION PROCEDURES, THEY ARE GIVING UP THE RIGHT TO SEEK OR RECOVER MONETARY OR OTHER RELIEF ON A CLASS WIDE OR REPRESENTATIVE BASIS. THIS WAIVER IS A MATERIAL TERM OF THESE TERMS, AND ACCEPTANCE OF THE TERMS CONSTITUTES AGREEMENT TO BE BOUND BY THIS PROVISION.
19. GOVERNING LAW & VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Diego County, California.
20. CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us at: Email: [email protected]
