Terms of Service

Welcome to The Music Megastore ("we," "us," "our," "the Platform"), operated by PHANTOM POWER MUSIC, A TENNESSEE BENEFIT CORPORATION, 2024. By accessing or using The Music Megastore, you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Platform.

1. What The Music Megastore Is

The Music Megastore is a discovery platform for independent, human-made music. We allow artists to list previews of their new music release so that fans can discover, preview, and choose to support artists directly through links to third party platforms that an artist selects.

We are not a music distributor, streaming service, or retailer. We do not host, sell, stream, or distribute intellectual property or albums. We do not process, collect, or take a percentage of any sale, tip, or royalty paid to an artist on a third party website. Any transaction between a fan and an artist occurs entirely outside the Platform, on third-party platforms or artist owned properties (ie: website) that the artist chooses to link to.

2. Eligibility

You must be at least 13 years old, or the age of majority in your jurisdiction, to create an artist listing or make a purchase or payment referenced through the Platform. Any user between the age of 13 and 18 must have the express permission of their parent to post a listing to their music or third-party platforms. By using the Platform, you represent that you meet this requirement.

3. Artist Listings

3.1 Human-Made Music Policy

The Music Megastore is built exclusively to create a global music directory of human-made, independent music. By submitting a listing, you attest and confirm that:

The songwriting, performance, and vocals on the submitted release are entirely human-made. No AI tool was used to generate lyrics, melodies, instrumentation, or vocals on the track.

Submitting a listing that you know to contain AI-generated lyrics, melody, instrumentation, or vocals, while representing it as human-made, is a violation of these Terms of Service.

3.2 Consequences of False Attestation

If we determine, through user reports or otherwise, that a listing violates the human-made music attestation, we may, at our discretion:

• Remove the listing immediately, without refund of any listing fee paid;
• Permanently bar the artist or account from future listings; and
• Publicly note the removal reason within any of the Platform's directory or communications, where we deem it necessary to maintain the integrity of the directory.

3.3 Listing Fees and Duration

Listings are offered under the pricing and duration terms displayed at the time of purchase. At the time of launch we offer one single listing service - $21 for 21 days. Listing fees are non-refundable once a listing goes live, except where required by law. After the featured period ends, a listing does not expire; the listing remains permanently accessible in our human-made artist directory unless removed under these Terms, at the artist request.

3.4 Ownership and Rights

Artists retain full ownership of their music, recordings, and any associated intellectual property. By submitting a listing, you grant The Music Megastore a limited, non-exclusive, royalty-free license to host, display, and stream short previews of your music solely for the purpose of operating the discovery tool and creating a public listing of you as an artist. This license is severed when a listing is removed, except as needed to comply with legal obligations.

You represent that you own or have the necessary rights to all music, artwork, and content you submit, and that your content does not infringe on the rights of any third party, including songwriters, producers, and other interested parties.

4. No Distribution, No Sales, No Royalty Cut

The Music Megastore does not sell your music, earn money from your music, take a cut of any sale, tip, subscription, or royalty, or charge a distribution fee. Any link you provide directing fans to purchase, stream, tip, or support you (including third-party platforms, payment processors) is your responsibility. We are not a party to, and have no interest in or any liability for, any transaction that occurs off-Platform as a result of a fan following such links.

5. Fan Accounts and Favorites

Fans may create an account to save or favorite artist listings. Favoriting a listing does not create any obligation on the part of the artist, the fan or The Music Megastore, and does not constitute a purchase, subscription, or contract for the use of the music.

6. Prohibited Conduct

You agree not to:

• Submit AI-generated music while attesting it is human-made;
• Submit content that infringes on another party's intellectual property or rights of publicity;
• Impersonate another artist or entity;
• Use the Platform to distribute malware, spam, or unlawful content;
• Attempt to manipulate the discovery or favorites system through fraudulent means (e.g., fake accounts, bots);
• Use the Platform for any unlawful purpose.

7. Third-Party Links and Platforms

The Platform may contain links to third-party websites, payment processors, or streaming platforms selected by artists. We do not control and are not responsible for the content, policies, security, or practices of any third-party site or service. Your use of any third-party platform is governed by that platform's own terms.

8. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not guarantee that any listing will result in fan engagement, sales, or income for any artist. At this time, there is no way to verify or endorse the truthfulness of any artist's human-made music attestation beyond good-faith reliance on that attestation. As new tools become available we will use them as we deem necessary to protect the human-made quality of our artist directory.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MUSIC MEGASTORE AND ITS OPERATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE PLATFORM OR ANY TRANSACTION CONDUCTED OFF-PLATFORM AS A RESULT OF A LISTING.

10. Indemnification

You agree to indemnify and hold harmless The Music Megastore, its operators, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your content, your breach of these Terms, or your violation of any third party's rights.

11. Termination

We may suspend or terminate your access to the Platform at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to the Platform, its artists, or its community.

12. Changes to These Terms

We may update these Terms from time to time. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms. We will update the "Last Updated" date above when changes are made.

13. Governing Law

These Terms are governed by the laws of the State of Tennessee, United States, without regard to conflict-of-law principles, unless otherwise required by applicable law.

14. Contact

Questions about these Terms can be directed to: hello@phantompowermusic.io