Terms of Use

IslamicTunes provides a platform for video creators, musicians and contributors to embed contents solely for promotional purposes. If any track or video embedded on this platform violates any copyrights please inform us immediately and we will take it down. Please read our Terms of Use for more.

These terms of use govern our relationship with users and others who interact with IslamicTunes (www.islamictunes.net, www.streaminghub.islamictunes.net, www.islamictunesnews.com, www.islamictunes.cloud, including android and iOS mobile applications – hereinafter “the Platform”). By using or accessing IslamicTunes, you agree to these terms of use, as updated from time to time. These Terms of Use, together with other terms and policies specifically referred to in this document, constitute a legally binding agreement between you and IslamicTunes relation to your use of the Platform.

These Terms of Use are divided into the following sections:

  • Privacy Policy
  • Registration and your account
  • Types of accounts
  • Your content
  • Respect other people’s rights
  • Liability for content
  • Re-use of content on the portal
  • Enlisting Directory profiles
  • Claiming Directory profiles
  • Rating enlisted Directory operators
  • Reporting copyright infringement
  • Advertising and payment
  • Contributor /community standards
  • Disclaimer
  • Variations to Terms of Use

DEFINITIONS

  • Ad” means any advertisement provided by Advertiser (or his Agency).
  • Advertiser” means a direct advertising Client or in the case of an Agency being involved, the advertiser for which Agency is the agent, under an applicable automated insertion order (AIO).
  • Advertising Materials” means artwork, copy, or active URLs for Ads.
  • Affiliate” means, as to an entity, any other entity directly or indirectly controlling, controlled by, under common control with or is a member of such entity.
  • Agency” means the advertising agency representing Advertiser, whose details must be clearly indicated on the applicable AIO, provided that where no Agency is involved, the terms and conditions applicable to “Agency” will be deemed to apply to “Advertiser”.
  • “Audience” means visitor to the portal.
  • “Content” means advertising material selected by the Advertiser (or Agency), or prepared by Publisher on Advertiser’ or Agency’s behalf and which appears on the portal. Content is engaging, relevant, reliable, interesting, entertaining or enlightening in the form of text, image, video or audio.
  • “Custom Material” means customised content and materials or development in any form, produced by Publisher for any particular campaign or promotion.
  • “CPM” or “CPT” means Deliverables sold on a Cost Per Mile / Cost Per Thousand impression basis.
  • Deliverable” or “Deliverables” means the inventory delivered by Publisher for the benefit of Advertiser, which will be on a CPM / CPT basis, unless agreed otherwise.
  • AIO” means the automated insertion order created by Publisher and made available on Publisher’s portal, which incorporates these Terms and under which Publisher will deliver Ads on its portal for the benefit of Advertiser (or Agency).
  • Publisher” means IslamicTunes.
  • Publisher Properties” means the Publisher’s portal or other digital media properties that are owned, operated, or controlled by Publisher on which Publisher may place Ads; provided that Publisher only undertakes to place Ads on its primary portal.
  • Policies” means advertising criteria or specifications made conspicuously available, including content limitations, technical specifications, privacy policies, user experience policies, policies regarding consistency with Publisher’s public image, community standards regarding obscenity or indecency (taking into consideration the portion(s) of the portal on which the Ads are to appear), other editorial or advertising policies, and Advertising Materials due dates.
  • Representative” means, as to an entity and / or its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and / or attorney.
  • Portalmeans Publisher Properties and if applicable, Network Properties.
  • Terms” means these Standard Terms and Conditions
  1. PRIVACY POLICY

We place high value in your privacy and the personal information that you provide to us. All information about you will be processed in accordance with our Privacy Policy. We therefore encourage you to read our Privacy Policy, and to use it to help you make informed decisions.

  1. REGISTRATION AND YOUR ACCOUNT
  1. You are not obliged to register to use IslamicTunes. However, access to certain features and services may be available only to registered users. Here are some commitments you make to us relating to registering and maintaining the security of your account:
  2. When you register to use IslamicTunes, you will provide us with your real name and email address. You must ensure, to the best of your ability, that the email address that you provide is, and remains, valid.
  3. You will not provide any false personal information to IslamicTunes, or create an account for anyone other than yourself. You warrant that if you create an account for anyone other than yourself that you have the requisite permission from the party/ies concerned. An account in this case must not be confused with a ‘profile’, which is  addressed later in these terms:
  4. You are solely responsible for maintaining the confidentiality and security of your password, and you will remain responsible for all use of your password, and all activity emanating from your account, whether or not such activity was authorized by you.
  5. You will keep your contact information accurate and up-to-date.
  6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  7. If your password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Music In Africa in writing (send email to info@islamictunes.net) and should change your password at the earliest possible opportunity.
  8. We reserve the right to disallow, cancel or remove certain accounts 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 Terms of Use or of any applicable regulations.
  9. You may terminate your account at any time as described in the Termination section below.
  10. Your email address and any other information you choose to provide about yourself will be treated in accordance with our Privacy Policy.
  1. TYPES OF ACCOUNTS
  1. IslamicTunes offers four types of accounts (artist/talent account, industry players pro account, fan account and contributor (content creator) account). These 4 accounts offer users different levels of access and responsibilities, as described on our FAQ page.
  2. Any user may upgrade to any of these accounts using the method described in the FAQ page.
  3. We reserve the right to decline any request by a user to open a content creator account if we determine that the user does not meet the requirements specified on the FAQ page. Furthermore we reserve the right to deactivate any account if we establish that the user infringes on our Terms of Use.
  1. YOUR ARTICLES AND PICTURES

We are a community-driven information and exchange web portal and we depend on people like you to contribute, collect and develop useful and reliable information about the Islamic Creative Content sector under a free content license, specifically the Creative Commons Attribution-NonCommercial CC BY-NC licence.)

We encourage all users contributing to IslamicTunes to grant broad permissions to the general public to re-distribute and re-use their contributions freely, so long as that use is properly attributed and the same freedom to re-use and re-distribute is granted to any derivative work.

By submitting texts, pictures, graphics, video and comments on the portal you agree to the following licensing requirements:

  1. When you upload or submit via the portal texts, pictures, graphics, video and comments, which you hold the copyright, you agree to license it under the Creative Commons Attribution-NonCommercial CC BY-NC licence or otherwise as provided for under Paragraph 7 below. Where a person submitting content desires not to publish his/her content under the Creative Commons Attribution-NonCommercial CC BY-NC licence, such a person shall first contact us at contributions@islamictunes.net to enable us to assess and process his or her request.
  2. Attribution: When you contribute text, you agree to be attributed in any of the following fashions:
    1. Through mention of your full name and that the text was sourced from IslamicTunes.
    2. Through a hyperlink (where possible) or URL to the article to which you contributed
  3. You agree that, if you post text under a license that requires attribution, you must credit the author(s) in a reasonable fashion, as specified by the source.
  4. You warrant that you will not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any text or pictures to which you do not hold the necessary rights or necessary consent from the copyrights owner authorising you to post such content.
  5. By submitting texts, pictures, graphics and comments to IslamicTunes you grant IslamicTunes and its users the right to use a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media and you acknowledge that IslamicTunes reserves the right to remove content you contribute if we believe that it violates our policies.
  6. We provide you with tools to help you protect your intellectual property rights. To learn more, see our section on How to Report Intellectual Property Infringement (Paragraph 11 below). You acknowledge that this constitutes reasonable efforts by the portal to prevent the infringement of your intellectual property rights and that the portal shall not be found liable for the infringement of such rights on any ground, including the ground of joint or contributory liability, or generally, the ground of having caused the infringement of the intellectual property.
  7. Your account may be disabled if you infringe other people’s intellectual property rights.
  1. RESPECT OTHER PEOPLE’S RIGHTS
  1. You will not post anyone’s sensitive private information on IslamicTunes. Sensitive private information includes, but is not limited to:
    • Financial history,
    • Medical history,
    • Criminal history
    • Biometric information (such as a person’s blood type etc).
    • Personal identification numbers
    • Driver’s license numbers
  2. Passwords or any information that may put anyone at risk
  3. You will not post content or take any action on the portal that infringes or violates someone else’s rights or otherwise violates the law.
  4. You will not collect our user’s contact information or send SMSes, whatsapp, telegram or any similar tools or invitations without their consent.
  5. You will not use our copyrights or trademarks and logos, or any confusingly similar marks, except as expressly permitted with our prior written permission.
  1. LIABILITY FOR WHAT YOU POST ON ISLAMICTUNES
  1. You hereby acknowledge and agree that you and not IslamicTunes are liable for any copyright infringement that may arise as a result of your actions on the portal.
  2. While IslamicTunes will always try to moderate what users post according to our standards, all text, pictures, graphics, music, videos, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the portal is your sole liability.
  3. IslamicTunes hereby excludes, to the fullest extent permitted by law, any and all liability which may arise from any text, pictures, graphics, music, videos, comments, and other content,  uploaded to the portal by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the portal.
  4. Any unauthorized use of copyright protected material within your text, pictures, graphics, music, videos, comments, and other content, (including by way of reproduction, distribution, modification, adaptation, public display, preparation of derivative works, making available or otherwise communicating to the public via the portal) may constitute an infringement of third party rights and is strictly prohibited.
  5. Any such infringements may result in termination of your access to the portal and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.
  1. RE-USE OF ARTICLES ON THE PORTAL
  1. Except where otherwise noted, content on IslamicTunes is licensed under a Creative Commons Attribution-NonCommercialCC BY-NC licence.
  2. IslamicTunes provides a (cc) mark on all articles that are licensed under a Creative Commons Attribution-NonCommercialCC BY-NC licence to allow you to know which articles to re-use and how to use it.
  3. If you want to re-use an article that is not published under a Creative Commons Attribution-NonCommercialCC BY-NC licence, it is your responsibility to contact IslamicTunes and seek permission to re-use such content.
  4. When you re-use articles from IslamicTunes, you agree to attribute IslamicTunes and the authors in the following fashion:
  5. Attribution: provide credit to IslamicTunes and the author and offer a URL to the article and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
  6. You (and not IslamicTunes) shall be liable for any copyright infringements that may arise as a result of you not following the re-use terms we have provided.
  1. PROFILES

We offer users functionality to music professionals to profile themselves or their music businesses on the website. We want to make this platform as reliable as possible and we would like you to help us keep it that way.

These are the guidelines relating to profiles.:

  1. When you create a profile you will provide accurate and up-to-date information.
  2. You must ensure, to the best of your ability that the information you provide is, and remains, valid.
  3. You must not falsely claim to be someone who you are not
  4. If you wish to enlist other operators as a way of growing the community you shall upgrade to a contributor or content creator account
  5. If you wish to moderate content from other users you shall open a contributor or content creator account.You must not claim a profile if you are not authorised to do so
  6. The names and information that you provide for the profile must always be accurate.
  7. You acknowledge that we may edit, moderate, or deactivate a  profile at our sole discretion in the event that we determine that it does not meet our standards.
  8. You must use proper, grammatically correct capitalization and may not include all capitals, except for acronyms;
  9. You must not include character symbols, such as excessive punctuation and trademark designations; and
  10. You must not include superfluous descriptions or unnecessary qualifiers.
  1. CLAIMING PROFILES

If you are an operator in the Islamic music and video sector you may find your profile already listed on  IslamicTunes. Don’t be shocked – these listings are done collaboratively by contributors as a way of encouraging easy access to useful information. We list this information in the belief that you would want the information to be included for information purposes as an active player in the Islamic music and video sector. If however, you object to the listing of your information without your consent, please advise us by sending an email to info@islamictunes.cloud and we shall forthwith remove your information. If however you are content with the listing of your information we would want you to claim the listing, as we want the rightful persons to control these listings.

By claiming a listing:

  1. You warrant that you are the rightful person and that you are authorised to own and control that profile by your organisation, band or business.
  2. You acknowledge that IslamicTunes may contact the contact person you provide, to confirm that you are authorised to claim that profile.
  3. You agree that you and not IslamicTunes will be liable for any actions that may arise from your claim.
  4. You acknowledge that IslamicTunes reserves the right to reject your claim at its sole discretion if we determine that there is not enough ground to support your claim.

IslamicTunes hereby excludes, to the fullest extent permitted by law, any and all liability which may arise from any false claims on the portal.

  1. SYNCING YOUR MUSIC. AUDIO AND VIDEOS ON ISLAMICTUNES

IslamicTunes allows users to link their IslamicTunes accounts with music/video-hosting third party websites such that their content existing on such third party websites is automatically embedded onto their IslamicTunes Channel/profiles.

We provide this functionality with the aim to create an opportunity for users listed on our platform to gain more value from using the portal by being able to promote themselves and their music to a wider audience seamlessly. 

We do not host any music, audio or video files on our servers, or offer any downloading functionality for music, audio or videos. 

By adding content music, audio and video.
  1. You warrant that you are the copyrights holder and that you are authorized to put such music or videos on IslamicTunes.
  2. You agree that you and not IslamicTunes will be liable for any actions that may arise from the content you add.
  3. You acknowledge that IslamicTunes reserves the right to delete tracks or videos added by you or the profile carrying such content at our sole discretion if we determine that the content violates these terms.
  4. You grand IslamicTunes authority to exhibit your content on the website.
Music or videos embedded by contributors

As some of the profiles are created by contributors you may find your profile already embedded with your music or videos. These profiles are created collaboratively by contributors as a way of encouraging easy access to useful information and promoting your music. We do this in the belief that you would want the information and music to be included for information and promotional purposes. If however, you object to the listing of your information, music, videos or pictures without your consent, please advise us by sending an email to info@islamictunes.cloud and we shall forthwith remove your information, music, audio or videos.

We provide you with tools to help you protect your intellectual property rights. To learn more, see our section on How to Report Intellectual Property Infringement (Paragraph 11 below).

Furthermore, pages carrying music or videos embedded by contributors shall have a clear disclaimer and a call to action to take down such content if it violates any copyrights.

You acknowledge that this constitutes reasonable efforts by the portal to prevent the infringement of your intellectual property rights and that the portal shall not be found liable for the infringement of such rights on any ground, including the ground of joint or contributory liability, or generally, the ground of having caused the infringement of the intellectual property.

IslamicTunes hereby excludes, to the fullest extent permitted by law, any and all liability which may arise from any content music or videos embedded or synced on its platform.

BOOKINGS

As a way to facilitate easier access to artists, talents or performers (service providers) who want to be booked by people seeking their services (booker), IslamicTunes offers a booking functionality that can be activated by users at their sole discretion.

When you activate your account for bookings you agree and warrant to each booker and separately to us that:

  1. Your profile and identity is genuine;
  2. You are able to perform the service that you are making yourself available for;
  3. If you are representing someone, that you are authorized to act on behalf of that person;
  4. The information on your profile is accurate and not false, misleading, deceptive or fraudulent;
  5. Your information or services do not breach any Intellectual Property Rights of a third party;
  6. Your information does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;

When you enable your account for bookings, it is your sole responsibility to ensure that:

  1. You will respect the privacy of the service provider or booker;
  2. You will comply with the provisions of applicable privacy laws, insofar as they apply, in processing any and all personal information pertaining to such persons whether obtained from IslamicTunes , the service provider or booker;

In addition to this when you activate your account for bookings you agree and acknowledge that we cannot and do not, nor do we represent or hold out that we can or could control:

  1. How service providers or bookers processes your personal information;
  2. whether service providers or bookers will process your personal information in accordance with applicable privacy laws or
  3. Where or to whom your personal information will be transferred by service providers or bookers.

You further agree to and acknowledge that during or upon completion of the booking of services IslamicTunes is not responsible for or liable in respect of:

  1. Any failure on the part of the service provider or booker as the case may be, to provide the deliverables agreed on;
  2. the manner in which personal information is processed subsequent to such an exchange between the service provider and the booker;

IslamicTunes will not become involved in any dispute between service provider or booker arising out of, or in connection with use of this website.  We do however reserve the right at our sole discretion to mediate between two parties should the conduct of either party impact on the reputation and or image of our business.

  1. HOW TO REPORT INTELLECTUAL PROPERTY INFRINGEMENTS

If you discover any text, pictures, graphics, music, audio, videos, comments, and other content on the portal that you believe infringes your copyright, please send us your written notification with the following information:

  1. a statement that you have identified content on IslamicTunes that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
  2. a description of the copyright work(s) that you claim have been infringed;
  3. a URL(s) where such Content can be located;
  4. your full name, address and telephone number, a valid email address on which you can be contacted.
  5. a statement by you that you believe in good faith that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed;

Your notice should be sent to us by email to info@islamictunes.cloud