For All Users of ISLAMICTUNES™
Welcome to IslamicTunes, a service founded by Loonaq Records (a business registered legally in Malaysia with company’s no. 002074804-D) and currently managed by ISLAMICTUNES NETWORK PLT, henceforth referred to as (“IslamicTunes™” or “we” “our” or “us”). Loonaq Records and Islamictunes Network PLT are companies under Loonaq Sdn. Bhd. registered in Malaysia. CV Loonaq Records Indonesia is our official representative in Indonesia for IslamicTunes and Loonaq Records.
These TOS are divided into the following sections:
- Description of the Platform - This provides a general description of the Platform, its features and functionality.
- Your IslamicTunes Account – This section explains your responsibilities should you choose to register for a IslamicTunes.
- Your Use of the Platform – This section sets out your right to use the Platform, and the conditions that applies to your use of the Platform.
- Your Content – This section deals with ownership of your content, and includes your agreement not to upload anything that infringes on anyone else’s rights.
- Grant of License – This section explains how your content will be used on IslamicTunes and the permissions that you grant by uploading your content – for example, the right for other users to listen to your sounds.
- Representations and Warranties - This section includes important promises and guarantees that you give when uploading content to IslamicTunes – in particular, your promise that everything you upload and share is owned by you and won’t infringe anyone else’s rights.
- Liability for Content – This section explains that IslamicTunes is a cloud hosting service and that its users are solely liable for material that they upload to IslamicTunes.
- Third Party Websites and Services – Through IslamicTunesÔ you may have access to other websites and services. This section explains that these are separate third party services that are not under the control of IslamicTunes.
- Blocking and Removal of Content - This section makes it clear that IslamicTunes may block or remove content from the Platform.
- Disclaimer - This section explains that IslamicTunes cannot give any guarantees that the Platform will always be available – sometimes even a platform as awesome as ours will have a few problems.
- Limitation of Liability – This section explains some of those things that IslamicTunes will not be liable for. Please make sure you read and understand this section.
- Indemnification – If you use the Platform in a way that results in damage to us, you will need to take responsibility for that.
- IslamicTunes Meetups or Muslim Creative Entrepreneurs Community – This section deals with IslamicTunes Meet Ups and explains that these are not “official’ IslamicTunes events, so we cannot be responsible for anything that happens at meetups.
- Competitions and Other Promotions – This section deals with competitions, contests and sweepstakes on IslamicTunes. IslamicTunes does not run these, and therefore we cannot be responsible for them. If you want to run your own competition on IslamicTunesÔ, make sure you read and understand our Competition Terms.
- Use of IslamicTunes Players and Widget – This section includes a few restrictions on how you can use our players and widgets – basically, don’t try to use our players to create a new music or audio streaming service.
- Changes to the Platform, Accounts and Pricing - From time to time, we may need to make some changes to IslamicTunes. This section explains your rights in this situation.
- Termination – This section explains how you can terminate your IslamicTunes account, and the grounds on which we can terminate your use of IslamicTunes.
- Assignment to Third Parties – This section deals with IslamicTunes’s right to transfer this agreement to someone else.
- Severability – This is a standard legal provision, which says that any term that is not valid will be removed from the agreement without affecting the validity of the rest of the agreement.
- Applicable Law and Jurisdiction – All of our documents are generally governed by Malaysian law.
- Disclosures – This section provides information about IslamicTunes, including how to contact us.
1.0 Acceptance of TOS
2.0 Changes to TOS
We reserve the right to change, alter, replace or otherwise modify these TOS any time. The date of last modification is stated at the end of these TOS. It is your responsibility to check this page from time to time for updates.
When we make any updates to these TOS, we will highlight this fact on the Platform or Website. In addition, if you register an account and these TOS are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending a message to your IslamicTunes account and/or an email to the email address that you have provided to us, and the revised TOS will become effective one (1) weeks after such notification. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below, it will constitute your acceptance of the revised TOS.
3.0 Description of the Platform
IslamicTunes is a Digital Service Provider for content owners such as Record Label or independent talents to market and sell their content directs to their target customers or listeners and fans via online or offline streaming downloads into their computers and mobile devices. IslamicTunes will allow recording companies and individual independent artistes, talents or performers as long they owned their content; to put up their contents in the form of music, audio and video that can be distributed or stream to their fans for free, or paid premium streaming.
Registered users of the Platform may submit, upload and post audio, text, photos, pictures, videos, graphics, comments, and other content, data or information (“Content”), which will be stored by IslamicTunes at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website, Websites, Apps or certain Services (who may or may not be registered users of the Platform) to view, listen to and share Content uploaded and made available by registered users.
4.0 Your IslamicTunes Account
Explain yourself or your organizations. Choose your categories or genres that suitable and fits for us to describe you. At the moment, we offer 5 categories:-
Users are obliged to register or Signup to use the Platform and all Muslim and non-Muslim can join IslamicTunes for free. However, access to the Apps and certain Services is only available to registered users and paid Accounts. Upon registrations, you can enjoy and make use of your Profile Page as you wish but bonded with TOS. You maybe fans of Muslim Entertainment, Daie, Munsyid, talents and you have the option to choose your best interest on which type or genres of content. You can skip this step by just to be known as Registered Users of all type of contents. If you skip this, system apps will always recommend you all type of contents or genres in your Profile Page later stage. You can change this later on setting tab or menu. Get your Profile Page here.
If you made your own sound, music, audio, video, book, images, etc, or you invested in all recording process from the beginning to the end by paying all the studio or recording bills, paid the post-production team to records video, etc., that mean you is the Content Owner. At IslamicTunes, we call you as KontenPreneur to definite you as owner of a content, or a record label or an indie artist/talent who own his/her own sound recording right, video right or images right. KontenPreneur always want to build your fanbase, been heard, be seen and get notice, distribute their content, get paid for their talents and etc.
You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
If your username or password is lost or stolen, or if you believe that unauthorized third parties have accessed your account, you are advised to notify IslamicTunes in writing, and should change your password at the earliest possible opportunity.
We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these TOS or our Community Guidelines, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
You may terminate your account at any time as described in the Termination section below.
5.0 Your Use of the Platform
Subject to your strict compliance with these TOS and our Community Guidelines, IslamicTunes grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Content uploaded and posted to the Platform, to listen to audio Content streamed from the Platform and to share and download audio Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the “Uploader”).
- You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download in circumstances where the relevant Uploader has elected to permit downloads of the relevant item of Content.
- You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
- Must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
- You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
- You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
- You must not, and must not permit any third party to, copy or adapt the object code of the Website, Websites or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
- You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- Any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in IslamicTunes’s reasonable discretion;
- Any information, Content or other material that violates, plagiarisms, misappropriated or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
- Any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in IslamicTunes’s reasonable opinion;
- Any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user’s use and enjoyment of the Platform;
- Any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
- You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
- You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
- You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any IslamicTunes’s employee.
- You must not use or attempt to use another person’s account, password, or other information, unless you have express permission from that other person.
- You must not sell or transfer, or offer to sell or transfer, any IslamicTunes’s account to any third party without the prior written approval of IslamicTunes.
- You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.