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FreakWax Terms & Conditions

Effective Date: January 21, 2026

 

Welcome to FreakWax. These Terms and Conditions ("Terms") govern your access to and use of the FreakWax platform, website, and services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.


1. Definitions

 

  1. "Collectible" means a limited-edition digital music item created by an Artist on the FreakWax platform, consisting of interactive audio stems and visual elements.
     

  2. "Artist" means a user who uploads content and creates Collectibles on FreakWax.
     

  3. "Collector" means a user who purchases or receives Collectibles.
     

  4. "Edition" means a specific numbered instance of a Collectible within its limited supply.
     

  5. "Rendition" means a unique audio-visual configuration of a Collectible generated through user interaction.


2. Account Registration


To use certain features of the Service, you must create an account. You agree to provide accurate and complete information and to keep this information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must be at least 13 years old to create an account. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.


3. Purchases and Payments

 

  1. Pricing: Collectible prices are set by Artists and displayed in the currency indicated at checkout. All prices are inclusive of platform fees.
     

  2. Payment Processing: Payments are processed through Wix Payments. By making a purchase, you agree to the payment processor's terms of service.
     

  3. Transaction Completion: A purchase is complete when payment is confirmed by our payment processor. You will receive email confirmation of your purchase.
     

  4. Taxes: You are responsible for any applicable taxes on your purchases. Artists are responsible for any taxes on their earnings.


4. Ownership and License

 

  1. What You Own: When you purchase a Collectible, you acquire a personal, non-exclusive license to access, play, and interact with that specific Edition through the FreakWax platform. You own the Edition as a digital collectible item.
     

  2. What You Do Not Own: You do not acquire any copyright, trademark, or other intellectual property rights in the underlying music, artwork, or other content. The Artist and/or their licensors retain all such rights.
     

  3. Permitted Uses: You may access and interact with your Collectibles through the FreakWax platform, gift your Collectibles to other users as permitted by the platform, and display your collection on your FreakWax profile.
     

  4. Prohibited Uses: You may not copy, reproduce, distribute, or publicly perform the audio or visual content outside the platform; use Collectibles for commercial purposes; modify, create derivative works from, or reverse engineer the Collectibles; or claim authorship or ownership of the underlying creative works.


5. Gifting and Transfers


FreakWax may allow you to gift Collectibles to other users. When you gift a Collectible, ownership transfers to the recipient. Gift transfers are final and cannot be reversed. The platform may implement rules regarding transfer limits or restrictions, which will be communicated to users.


6. Artist Terms

 

  1. Content Ownership: Artists retain all intellectual property rights in the content they upload. By uploading content, Artists grant FreakWax a worldwide, non-exclusive license to host, display, reproduce, and distribute the content as necessary to operate the Service.
    Revenue Share: FreakWax retains a commission on each sale as displayed in the Artist dashboard. The current commission rate is 30% of the sale price.
     

  2. Payouts: Artist earnings are paid out via PayPal according to the payout schedule described in the Artist dashboard. Artists are responsible for providing accurate payout information and for any taxes on their earnings.
     

  3. Content Standards and Intellectual Property Responsibility: Artists are solely and entirely responsible for ensuring that all content uploaded to FreakWax is either (a) 100% owned by the Artist, or (b) properly licensed with all necessary rights secured for distribution through the FreakWax platform. This applies to all audio content, including but not limited to musical compositions, sound recordings, stems, samples, loops, and any audio elements, as well as all visual content, including artwork, images, photographs, graphics, and video.

    Artists must not upload any content containing uncleared samples, unlicensed copyrighted material, or any material for which the Artist does not hold or has not obtained the necessary rights. By uploading content, Artists represent and warrant that they have full authority to grant FreakWax the licenses described in these Terms and that the content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.
     

  4. Indemnification by Artists: Artists agree to indemnify, defend, and hold harmless FreakWax, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (a) any breach of the content standards and intellectual property representations set forth above, (b) any claim that the Artist’s content infringes or misappropriates the intellectual property rights or other rights of any third party, or (c) any dispute with co-writers, collaborators, publishers, labels, or other parties claiming rights in the Artist’s content. This indemnification obligation survives termination of the Artist’s account.
     

  5. Content Removal for Violations: If FreakWax discovers or receives notice that any content uploaded by an Artist contains copyrighted material used without authorization, uncleared samples, or otherwise violates these content standards, FreakWax reserves the right to immediately remove the offending content and all associated Editions from the platform without prior notice. Artists will not be entitled to any compensation for removed content or lost sales. Repeated or egregious violations may result in permanent termination of the Artist’s account. FreakWax may also cooperate with rights holders and law enforcement as required by applicable law.


7. User Conduct


You agree not to use the Service to violate any laws or regulations; infringe on the intellectual property or other rights of third parties; upload or transmit viruses, malware, or other harmful code; attempt to gain unauthorized access to the Service or other users' accounts; engage in fraudulent activity or misrepresent your identity; harass, abuse, or harm other users; or interfere with the proper functioning of the Service.


8. Intellectual Property


The FreakWax name, logo, and all related marks are trademarks of FreakWax. The Service, including its design, features, and functionality, is protected by copyright and other intellectual property laws. You may not copy, modify, or create derivative works based on the Service without our express written permission.


9. Disclaimer of Warranties


THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.


10. Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREAKWAX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO FREAKWAX IN THE TWELVE MONTHS PRECEDING THE CLAIM.


11. Indemnification


You agree to indemnify, defend, and hold harmless FreakWax and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.


12. Termination


We may suspend or terminate your account at any time for any reason, including if we reasonably believe you have violated these Terms. You may delete your account at any time through your account settings or by contacting us. Upon termination, your right to use the Service will immediately cease. Collectibles you own at the time of termination will remain accessible to you unless your account was terminated for violation of these Terms.


13. Changes to Terms


We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the effective date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.


14. Governing Law and Disputes


These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be resolved in the courts located in Ontario, Canada.


15. General Provisions

 

  1. Entire Agreement: These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and FreakWax regarding the Service.
     

  2. Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.
     

  3. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
     

  4. Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights at any time without notice.


16. Contact Us


If you have questions about these Terms, please contact us at heyo@freakwax.com.
 

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