Terms of Website Use


This document outlines the terms and conditions ("Terms") governing your use of this website ("Site") and any associated services ("Services"). By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to comply with these Terms and all applicable laws and regulations. If you do not accept these Terms, you must discontinue use of the Site immediately. These Terms constitute a legal agreement ("Agreement") between you and Phantom Management (“we” or "Company"). Please review these Terms carefully. We may, at any time and for any reason, terminate your access to or use of: (a) the Site, (b) your user name and password or (c) any files or information associated with your user name and password. If we terminate your access to the Site, you will not have the right to bring claims against us, our Affiliates or our respective Artists, Representatives and Providers with respect to such termination. We and our Affiliates and our respective Artists, Representatives and Providers, shall not be liable for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms (including our right to cooperate with any legal process relating to your use of the Site, any Products or any third party claim that your use of the Site or Products is unlawful or infringes such third party's rights). For any questions regarding these Terms, contact us at info@phantommanagement.com. Note: This email address is intended only for inquiries about these Terms and should not be used for customer service requests.



1. Reliance on Information Posted & Disclaimer


The content on this Site is provided for informational purposes only and does not constitute legal, professional, or other advice. While we strive to ensure accuracy, we do not guarantee the reliability, completeness, or timeliness of the information provided. You use the Site and its content at your own risk. To the fullest extent permissible by law, the Company disclaims all liability for any loss or damage arising from reliance on information presented on the Site.



2. Accessing the Site


Access to this Site is granted on a temporary basis. The Company reserves the right to withdraw, suspend, or modify the Site or its Services without notice. The Company is not liable for any interruptions or unavailability of the Site, whether temporary or permanent.



3. Intellectual Property Rights


The Company owns or licenses all intellectual property rights in the Site and its content, including but not limited to text, images, video, and audio. These materials are protected under copyright and other intellectual property laws globally.


●      You may print or download extracts of the Site’s content for personal, non-commercial use.
●      You may not modify, distribute, or use any content from the Site for commercial purposes without prior written consent from the Company.
●      Unauthorized use or reproduction of the Site’s content will result in the immediate termination of your right to use the Site. You must destroy or return any unauthorized copies at the Company’s discretion.



4. Site Updates and Changes


The Company aims to update the Site regularly but does not guarantee that the content will always be current or accurate. The Company reserves the right to alter, suspend, or terminate any part of the Site at any time without liability. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the "LAST UPDATED" date applicable to that version of this Agreement in which we included such material change. We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.



5. Liability Limitation


The content on this Site is provided "as is" without guarantees or warranties. Use of this Site and its Services is at your sole risk. To the extent permitted by law, the Company disclaims all liability for damages, including but not limited to:

●      Loss of income, revenue, or business;
●      Loss of data or goodwill;
●      Business interruptions or indirect damages arising from Site use;
●      fitness for a particular purpose;
●      merchantability; and
●      non-infringement.

This limitation does not exclude liability for death, personal injury caused by negligence, or fraudulent misrepresentation where such exclusions are prohibited by law.



6. User Conduct and Security


You agree not to:


●      Introduce malicious software, such as viruses or trojans, to the Site;
●      Attempt unauthorized access to the Site, its servers, or related databases;
●      Launch denial-of-service or distributed denial-of-service attacks against the Site.

●      Engage in any form of hate speech, harassment, threats, or discriminatory behavior based on race, ethnicity, nationality, gender, sexual orientation, disability, religion, or any other protected characteristic;

●      Use the Site to promote, facilitate, or engage in illegal activities, including but not limited to fraud, copyright infringement, human trafficking, drug-related offenses, or any activity that violates applicable laws and regulations;

●      Distribute or share content that is defamatory, obscene, offensive, or otherwise inappropriate, as determined at our sole discretion;

●      Impersonate any person or entity, misrepresent your affiliation with any individual or organization, or engage in deceptive practices.
●       


Violations may result in criminal prosecution and immediate termination of your access to the Site.


While we try to maintain the security of the Site, we do not guarantee that the Site or any Third Party Applications will be secure or that any use of the Site or any Third Party Applications will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site or any Third Party Applications. If you become aware of any unauthorized third party alterations to the Site, contact us at info@phantommanagement.com  with a description of the material(s) at issue and the URL or location of such materials.



7. Links to Third-Party Websites


The Site may include links to external websites for informational purposes. The Company does not endorse or control these third-party sites and is not responsible for their content or privacy practices. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. Accessing linked websites is at your own risk.



8. Data Processing and Privacy


Your use of the Site is subject to the Company’s [Privacy Policy], which outlines how your personal data is collected, used, and protected. By using the Site, you consent to such processing and confirm the accuracy of the data you provide.



9. Jurisdiction and Governing Law

You hereby agree that these Terms (and any claim or dispute arising in connection with these Terms or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in New York, New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto.



10. Copyright Infringement Notice

If you believe your intellectual property rights have been infringed, please submit a notice containing the following:

Submit notices to info@phantommanagement.com.

Any claim related to the use of this Site or these Terms must be filed within one (1) year of the cause of action arising or be forever barred.

The Company reserves the right to update or revise these Terms at any time. Users are encouraged to review this page periodically to stay informed of any changes. Continued use of the Site constitutes acceptance of the revised Terms.

To the maximum extent permitted by law, the total liability of the Company, including its affiliates and third-party providers, for any claims arising from your use of the Site will not exceed $100 or the total amount paid by you for Services in the preceding three months, whichever is greater.

Use of this Site and its Services is at your sole risk. The Site is provided "as is" and "as available" without warranties of any kind, either express or implied. The Company disclaims all warranties, including but not limited to fitness for a particular purpose, merchantability, and non-infringement.

You hereby represent and warrant that: (i) you have the legal right and authority to enter into these Terms; (ii) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under any material that you post and to grant the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied in any such material that you post, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licenses set forth herein; (iii) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any material that you post, to use such individual's name and likeness for purposes of using and otherwise exploiting such material(s) in the manner contemplated by the Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request); (iv) any material that you post, and the use thereof by us, our affiliates, and our and their respective designees, do not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; (v) any material that you post is not confidential and does not contain any confidential information; and (vi) in creating, preparing and posting any material, you (A) have complied and will comply in all respects with all applicable laws, rules, and regulations and (B) have not violated and will not violate any understanding by which you are explicitly or implicitly bound (including without limitation any agreement with any third party). If you do post materials that contain the likeness of an identifiable individual, we strongly encourage you not to include any identifying information (such as the individual's name or address) within such material.

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us, our affiliates and our and their respective directors, officers, employees and representatives, from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of these Terms by you; (c) any use or other exploitation, or failure or omission to use or otherwise exploit, any materials (including any portion thereof) that you post; or (d) any claim that materials or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.

To the extent permitted under applicable law, you agree to forever release, discharge and waive all claims against us, our affiliates and our and their respective directors, officers, employees and representatives from, and covenant not to initiate, file, maintain, or proceed upon any suit, claim, demand, or cause of action against any of them with respect to, any and all claims, demands, actions, losses, costs, damages, liabilities, judgments, settlements and expenses (including, without limitation, reasonable attorneys' fees) that relate in any way to these terms and/or the use of any materials submitted by you in a manner consistent with the rights granted under these terms, including, without limitation, any claim for idea misappropriation. Additionally, to the extent permitted under applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern "moral rights" or "droit moral," or similar rights, in connection with any materials that you post (and you hereby represent and warrant that you have obtained clear, express written waivers from any applicable third parties with respect to any and all rights that such third parties may have under such laws in connection with any Submission that you post). At any time upon our request, you shall: (i) take or cause to be taken all such actions as we may reasonably deem necessary or desirable in order for us, our affiliates and our and their respective directors, officers, employees and representatives to obtain the full benefits of these terms and any licenses granted by you hereunder, and (ii) execute a non-electronic hard copy of these Terms. Without limiting any other provision herein, you agree to indemnify us, our affiliates and our and their respective directors, officers, employees and representatives as described above.

 

These Terms do not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of these Terms is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms hereby incorporate by this reference any additional terms that we post on the Site and, except as otherwise expressly stated herein, these Terms represent the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to these Terms or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Except as expressly set forth in the following sentence, nothing in these Terms, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations or liabilities. Notwithstanding the previous sentence, you agree that 23, our affiliates and our and their respective directors, officers, employees and representatives are third-party beneficiaries under these Terms with the right to enforce the provisions of these Terms that directly apply to such parties. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

These Terms shall survive any expiration or termination of the Term to the extent that the context so dictates.

For concerns or questions regarding these Terms, please contact us at info@phantommanagement.com.

Thank you for using our Site.