These Terms of Use govern your use of IRAMAXCHANGE or any other related website at www.konsortiumirama.com/iramaxchange or any future website created by IRAMAXCHANGE (the “Website” and if together, the “Websites”), our mobile and desktop apps (our "Apps") and all related players, widgets, tools, applications, data, software, APIs (which may also be subject to separate API Terms of Use) and other services provided by us (the “Services”).
Welcome to I IRAMAXCHANGE, a service provided by PERSATUAN KONSORTIUM INDUSTRI RAKAMAN MUZIK MALAYSIA (IRAMA) (a Chamber of Commerce registered in Malaysia with Registry of Society Malaysia with Registration PPM-054-10-29032018), henceforth referred to as (“ IRAMA or IRAMAXCHANGE, “we” “our” or “us”).
These Terms of Service (“TOS”), together with our Privacy Policy, Cookies Policy and Distribution Agreement (for those who select to option in for Content Partner User or ProLabel User for Digital Distribution with us) and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and IslamicTunes in relation to your use of the Website, Websites, Apps and Services (together, the “Platform”).
These TOS are divided into the following sections: 1.Acceptance of Terms of Use - Basically, by using IRAMAXCHANGE, you accept our Terms of Use, Privacy Policy, Cookies Policy and Distribution Agreement (for those who select this option only) and agree to abide by them. 2.Changes to Terms of Use - This section explains that our Terms of Use may change from time to time. 3.Description of the Platform - This provides a general description of the Platform, its features and functionality. 4.Your IRAMAXCHANGE' Account - This section explains your responsibilities should you choose to register for a IRAMAXCHANGE account. 5.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. 6.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. 7.Grant of License - This section explains how your content will be used on IRAMAXCHANGE and the permissions that you grant by uploading your content - for example, the right for other users to listen to your sounds. 8.Representations and Warranties - This section includes important promises and guarantees that you give when uploading content to IRAMAXCHANGE- in particular, your promise that everything you upload and share is owned by you and won’t infringe anyone else’s rights. 9.Liability for Content - This section explains that IRAMAXCHANGE is a content’s sharing platform and that its users are solely liable for material that they upload to IRAMAXCHANGE. 10.Reporting Infringements - This section explains how to notify us of any content on IRAMAXCHANGE that you believe infringes your copyright or any other intellectual property right, or that is offensive, abusive, defamatory or otherwise contrary to our Terms of Use. You can find further information on reporting copyright infringement on our Copyright Information pages. 11.Third Party Websites and Services - Through IRAMAXCHANGE, 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; 12.Blocking and Removal of Content - This section makes it clear that IRAMAXCHANGE may block or remove content from the Platform. 13.Repeat Infringers - Users who repeatedly infringe third party rights or breach our Terms of Use risk having their IRAMAXCHANGE accounts suspended or terminated, as explained in this section. 14.Disclaimer - This section explains that IRAMAXCHANGE cannot give any guarantees that the Platform will always be available – sometimes even a platform as awesome as ours will have a few problems. 15.Limitation of Liability - This section explains some of those things that IRAMAXCHANGE will not be liable for. Please make sure you read and understand this section. 16.Indemnification - If you use the Platform in a way that results in damage to us, you will need to take responsibility for that. 17.Data Protection, Privacy and Cookies - It is really important to us that you understand how we use your personal information. All information is collected, stored and used in accordance with our Privacy Policy, so please make sure that you read and understand that policy. Like most other websites, we also use cookies to help us analyze how people use IRAMAXCHANGE so that we can keep improving our service. Our use of cookies is explained in our Cookies Policy. Please note: if you choose not to disable cookies within your browser, you will be indicating your consent to our use of cookies as described in our Cookies Policy, so please make sure that you read the policy carefully. 18.IRAMAXCHANGE Meetups - This section deals with IRAMAXCHANGE meetups and explains that these are not “official’ IRAMAXCHANGE events, so we cannot be responsible for anything that happens at meetups. 19.Competitions and Other Promotions - This section deals with competitions, contests and sweepstakes IRAMAXCHANGE. IRAMAXCHANGE does not run these, and therefore we cannot be responsible for them. If you want to run your own competition on IRAMAXCHANGE make sure you read and understand our Competition Terms. 20.Use of IRAMAXCHANGE 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. 21.ProLabel Users Account- This section links you to information explaining how to register for free and/or want to upgrade by purchasing “ProLabel Premium” accounts and how you can cancel your purchases in certain circumstances. 22.Changes to the Platform, Accounts and Pricing - From time to time, we may need to make some changes to IRAMAXCHANGE. This section explains your rights in this situation. 23.Termination - This section explains how you can terminate your IslamicTunes account, and the grounds on which we can terminate your use of IRAMAXCHANGE. 24.Assignment to Third Parties - This section deals with IRAMAXCHANGE’ right to transfer this agreement to someone else. 25.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. 26.Entire Agreement - Your use of IRAMAXCHANGE is governed by these Terms of Use, our Privacy Policy, Cookies Policy and Distribution Agreement (for Content Partner and ProLabel Users only). Any changes need to be made in writing. 27.Third Party Rights - These Terms of Use apply to the relationship between you and IRAMAXCHANGE only. 28.Applicable Law and Jurisdiction - All of our documents are generally governed by Malaysian law. 29.Disclosures - This section provides information about IRAMAXCHANGE, including how to contact us. 1.0 Acceptance of TOS Please read these TOS, our Privacy Policy, Cookies Policy and Distribution Agreement (if applicable) very carefully. If you do not agree to any of the provisions set out in those documents, you should not use the Website or Websites, Apps or any of the Services. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use, Privacy Policy, Cookies Policy and Distribution Agreement (if you chose to option in), will abide by them, and that you are either 18 years of age or more, or you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Platform.
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 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 IRAMAXCHANGE account and/or an email to the email address that you have provided to us, and the revised TOS will become effective six (6) 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 during such six (6) week period, your continued use of the Platform after the end of that six (6) week period will constitute your acceptance of the revised TOS. 3.0 Description of the Platform The Platform is a Digital Content Streaming Service. Registered users of the Platform may listen, watch by streaming, create playlist, socialiazing within the Platform’s users by following, liking, comments, collecting data information and sending private message ”), which will be stored by IRAMAXCHANGE at the direction of such Content Partner or ProLabel and/or Artist users, and may be shared, embedded 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. Only Content Partners and ProLabels users can submit, upload and post audio, text, photos, pictures, videos, graphics, comments, and other content, data or information (“Content”). We may, from time to time, release new tools and resources on the Website, release new versions of our Apps, or introduce other services and/or features for the Platform. Any new services and features will be subject to these TOS as well as any additional terms of use that we may release for those specific services or features. 4.0 Your IRAMAXCHANGE 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 3 categories:- 1.Registered User. Visitors are not obliged to register to use the Platform and all can join IslamicTunes for free. However, access to the Apps and certain Services is only available to registered users. Upon registrations, you can enjoy and make use of your Profile Page by setting up, as you wish but bonded with TOS, setting up account, insert your logo, profile photo, dashboard banner image, fill in the details of you such your country, your city, telling your bio as you wish, or you can make and offer service as maybe you’re promoter for an event, put up your social media links and website or blog (in any), listen all tracks and create playlist as you wish; like, follow and private message with other users, and many more! You maybe fans or an artist/band/talent who already signed with label, 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 ProfilePage later stage. You can change this later on setting tab. Get your ProfilePage here. 2.ProLabel User. We offer you an access to a digital content distribution service as bonded together with ourTerms of Service (“TOS”), Privacy Policy and Cookies Policy. You can submit your releases, uploads and link all your digital and streaming stores in your ProfilePage and socialize with your most use social media account and blog/website. But as your upload your materials, you will take up our cloud hosting capacity which we will gladly to give you for free, unfortunately this will not be happened as the hosting company will still billed us. So, we have to limit your free upload to maximum 2 contents per annum and you can buy our ProLabel Premium Account here to get more contents to be uploaded. 3.Content Partner User. If you made your own sound, music, audio, video, ebook, 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 or legally beneficial owner. At IslamicTunes, we call you as Content Entrepreneur to define you as owner of a record label or an indie artist/talent who own his/her own sound recording right, video right or images right. Content Entrepreneur always want to distribute their content, get paid for their talents and etc. Therefore, we offer you to distribute and monetize your content all over the world via exclusive licensing your content to us. You can release your content to more than 125 digital stores and streaming platform including YouTube, Spotify, Apple Music/iTunes, Joox, Ringtones, etc. and socialize your profile with DDDs marketplace. By this mean, you have to enter an agreement to give IRAMAXCHANGE a legal right to acting on your behalf. Please go to Distribution Agreement and fill in the Distribution Agreement Form and choose Content Partner User’s category which specially reflect for you to Content Partner user and bonded together with ourTerms of Service (“TOS”), Privacy Policy and Cookies Policy. Use this platform as you wish. When you decide to register as a Registered User of the Platform, you will provide us with your email address, and will choose a username and password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy. 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 IRAMAXCHANGE 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 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, IRAMAXCHANGE grants you all users, 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 Websites to listen to audio Content streamed from the Platform, to create playlist and to share and download free (if applicable) or buy audio Content using the features of the Platform where the appropriate functionality has been enabled for Content Partner and ProLabel users who uploaded the relevant Content (the “Uploader”). In addition, for overall, if you register to use the Platform, and subject to your strict compliance with these Terms of Use, IRAMAXCHANGE grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to: 1.submit, upload or post Content to the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Website from time to time; 2.use the Apps and other Services provided as part of the Platform strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Apps or Services from time to time. 3.participate in the community areas and communicate with other members of the IRAMAXCHANGE' community strictly in accordance with these Terms of Use; and The above licenses are conditional upon your strict compliance with these Terms of Use, including, without limitation, the following: i.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. ii.You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (a) where such Content is Your Content, or (b) as permitted under these Terms of Use, and within the parameters set by the Uploader (for example, under the terms of Creative Commons licenses selected by the Uploader). iii.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. iv.Must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content. v.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. vi.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). vii.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. viii.You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public: a.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 Loonaq’s reasonable discretion; b.Any information, Content or other material that violates, plagiarisms, misappropriates 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 c.Any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Loonaq’s reasonable opinion; d.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; e.Any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation. f.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. g.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. h.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. i.You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Loonaq’s employee. j.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. k.You must not sell or transfer, or offer to sell or transfer, any IRAMAXCHANGE' account to any third party without the prior written approval of IRAMAXCHANGE. l.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. m.You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by IRAMAXCHANGE or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of IslamicTunes' servers, system or network or attempt to breach IRAMAXCHANGE data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking IRAMAXCHANGE' servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of IRAMAXCHANGE under these Terms of Use, IRAMAXCHANGE reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations. You agree to comply with the above conditions, and acknowledge and agree thatIRAMAXCHANGE has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities. 6.0 Your Content Any and all audio, video, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by IRAMAXCHANGE. IRAMAXCHANGE does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and IRAMAXCHANGE shall have the right, but not the obligation, to use such feedback on an unrestricted basis. 7.0 Grant of License for All Users For Content Partner and ProLabel users, by uploading or posting Your Content to the Platform, you initiate an automated process to transcode any audio, video and photos/graphic design Content and direct IRAMAXCHANGE to store Your Content on our servers, from where you may control and authorize the use, reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for IslamicTunes to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use and/or to enable your use of the Platform, you hereby grant such licenses to IslamicTunes on a limited, worldwide, non-exclusive, royalty-free and fully paid basis. By uploading Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other Registered Users of the Platform, and to operators and users of any other websites/mobile apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platform from time to time, and within the parameters set by you using the Services. You can limit and restrict the availability of certain of Your Content to other users of the Platform, and to users of Linked Services, at any time using the settings on the sound page for each sound you upload, subject to the provisions of the Disclaimer section below. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture, icon logo, photo cover, etc.) (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks. The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licenses with respect to audio Content, and any images or text, or video within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable and will continue notwithstanding any termination of your account. Removal of Contents from your account will automatically result in the deletion of the relevant files from IslamicTunes' systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, IslamicTunes is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content. Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader. 7.1 For Content Partner Users who license to IRAMAXCHANGE for Your Content who want to distribute and release Your Content to all 3rd. parties digital stores and streaming platforms worldwide, please go to Digital Distribution Agreementsignup, select the Content Partner category and enjoy using all services provided by IslamicTunes including DDDs, RingtoneStore, a Web/Mobile Store Apps with unlimited capacities of uploads. 7.2 For ProLabel User who have their own digital aggregator and want to join in to use our DDDs service, please go to Digital Distribution Agreement signup, select the ProLabel category and enjoy using our DDDs services provided by IRAMAXCHANGE; and you hereby acknowledge that you are fully agree and accept to the applicable portions of this Agreement, as well as the “IRAMAXCHANGE' Addendum” located at the end of this Agreement. 8.0 Representations and Warranties You hereby represent and warrant to IRAMAXCHANGE as follows: (i)Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize IRAMAXCHANGE to use, Your Content pursuant to these TOS, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Website, any and all Services and any Linked Services. (ii)Your Content and the availability thereof on the Platform do not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information. (iii)You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services. (iv)Your Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation. (v)Your Content does not and will not create any liability on the part of IRAMAXCHANGE, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. IRAMAXCHANGE reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation. (vi)Special for users opted in the Digital Distribution Agreement -to get your single, album, audio, video or eBook or audiobook (professionally recorded or just as demo), wallpaper, audio-video channel, blogger/vlogger, etc. to be approved by admin of IslamicTunes, the important thing for you to know and understand that it should be ALWAYS your own right (if you register as individual) or beneficially owned by you or your label or company own right and you are the persons who legally represent your organization. We will act to follow all that matters as per international copyright law in Malaysia standard if any of your uploads infringed the copyright law. 9.0 Liability for Content You hereby acknowledge and agree that IRAMAXCHANGE (i)stores Content and other information at the direction, request and with the authorization of its users, (ii)acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii)plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, IRAMAXCHANGE excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto. You hereby acknowledge and agree that IRAMAXCHANGE cannot and does not review the Content created or uploaded by its users, and IRAMAXCHANGE nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law. IRAMAXCHANGE and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform 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 Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against IRAMAXCHANGE or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders. 10. Reporting Infringements If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using any of the methods outlined on our Copyright Information pages. If you would prefer to send us your own written notification, please make sure that you include the following information: •a statement that you have identified Content on IRAMAXCHANGE that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act; •a description of the copyright work(s) that you claim have been infringed; •a description of the Content that you claim is infringing and the IRAMAXCHANGEURL(s) where such Content can be located; •your full name, address and telephone number, a valid email address on which you can be contacted, and your IRAMAXCHANGE username if you have one; •a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and •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 infringed; In addition, if you wish for your notice to be considered as a notice pursuant to the Malaysian Copyright Act, please also include the following; (i)with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and (ii)your electronic or physical signature (which may be a scanned copy). Your notice should be sent to us by email to admin@loonaqrecords.com and/or by mail to the following address: PERSATUAN KONSORTIUM INDUSTRI RAKAMAN MUZIK MALAYSIA (IRAMA). No, 13, Jalan Desa Kundang2, Taman Desa Kundang 48050 Rawang, Selangor, MALAYSIA. +60 12-339 711 (Malaysia) The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by email as above. In all other cases, if you discover Content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use or applicable law, please report this to us at email as above. 11. Third Party Websites and Services The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”). IRAMAXCHANGE does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, IslamicTunes does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services. External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by Loonaq™ with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
IRAMAXCHANGE disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against IslamicTunes with respect to the content or operation of any External Services. 12. Blocking and Removal of Content Notwithstanding the fact that IRAMAXCHANGE has no legal obligation to monitor the Content on the Platform, IRAMAXCHANGE reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use or applicable law, or is otherwise unacceptable to IRAMAXCHANGE. Please also note that individual Uploaders have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content and IRAMAXCHANGE shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by IRAMAXCHANGE or the relevant Uploader. 13. Repeat Infringers IRAMAXCHANGE will suspend or terminate your access to the Platform if IRAMAXCHANGE determines, in its reasonable discretion, that you have repeatedly breached these Terms of Use. If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith. We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by IRAMAXCHANGE at its discretion. Please note we do not offer refunds to ProLabel account holders whose accounts are terminated as a result of repeated infringement of these Terms of Use or our Community Guidelines. 14. Disclaimer THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. WHILST IRAMAXCHANGE USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO IRAMAXCHANGE' ATTENTION, IRAMAXCHANGE MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. IRAMAXCHANGE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IRAMAXCHANGE DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION. IRAMAXCHANGE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT. 15. Limitation of Liability IN NO EVENT SHALL IRAMAXCHANGE' AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 MYR OR THE AMOUNTS (IF ANY) PAID BY YOU TO IRAMAXCHANGE DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. IRAMAXCHANGE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR: 1.ANY LOSS OR DAMAGE ARISING FROM: a.YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM; b.ANY CHANGES THAT IRAMAXCHANGE MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES; c.ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY IRAMAXCHANGE OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM; d.ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT; e.YOUR FAILURE TO PROVIDE IRAMAXCHANGE WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL; 2.ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR 3.ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF IRAMAXCHANGE BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND IRAMAXCHANGE AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY. 4.ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO LOONAQ AS SOON AS POSSIBLE. 5.APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND IRAMAXCHANGE AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND IRAMAXCHANGE, AND THAT IRAMAXCHANGE' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 6.NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF IRAMAXCHANGE, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: 7.FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, 8.(II) FOR ANY FORM OF FRAUD OR DECEIT, 9.(III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR 10.(IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW. 16. Indemnification You hereby agree to indemnify, defend and hold harmless to IRAMAXCHANGE , its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from: (i)any violation by you of these Terms of; (ii)any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content; (iii)any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Loonaq™. 17. Data Protection, Privacy and Cookies All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by IslamicTunes in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Cookies Policy. By accepting these Terms of Use and using the Platform, you also accept the terms of the Privacy Policy and our Cookies Policy. 18. IRAMAXCHANGE Meetups. IRAMAXCHANGE will have an active community of users, many of who organize and attend face-to-face meetings at venues all over the world. While IslamicTunes is generally supportive of IslamicTunes and may provide branded promotional materials to help organizers promote their IslamicTunes, IslamicTunes does not sponsor, oversee or in any way control such IslamicTunes. You hereby acknowledge and agree that your attendance and participation in any IslamicTunes is entirely at your own risk and IslamicTunes does not bear any responsibility or liability for the actions of any IslamicTunes users or any third parties who organize, attend or are otherwise involved in any IslamicTunes. 19. Competitions and Other Promotions From time to time, some IRAMAXCHANGE users may promote competitions, promotions, prize draws and other similar opportunities on the Platform (“Third Party Competitions”). IslamicTunes is not the sponsor or promoter of these Third Party Competitions, and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any of promotion of these Third Party Competitions. If you wish to participate in any of these Third Party Competitions, it is your responsibility to read the terms and conditions applicable to the relevant Third Party Competition and to ensure that you understand the rules and any eligibility requirements, and are lawfully able to participate in such Third Party Competitions in your country of residence. If you wish to run your own Third Party Competition on the Platform, you are free to do so provided you comply with our Competition Terms, which are available here.
20. Use of IRAMAXCHANGE Players and Widget The Platform includes access to customisable players (“Players”), and an embeddable version of the IslamicTunes waveform player (“Widget”) for incorporation into users’ own sites, third party sites or social media profiles, whether or not a Linked Service. This functionality is provided to enable Uploaders to put their Content wherever they wish, and to enable other users of the Platform to share and distribute Content within the parameters set by the Uploader. You may not, without the prior written consent of IRAMAXCHANGE, use the Players or the Widget in such a way that you aggregate Content from the Platform into a separate destination that replicates substantially the offering of the Website, or comprises a content service of which Content from the Platform forms a material part. Similarly, you may not, without the prior written consent of IslamicTunes, use the Players or the Widget to embed Content into any website or other destination dedicated to a particular artist (except where the relevant Content is Your Content and you are the person or are authorized to represent the person to whom the site or destination is dedicated), or to a particular genre. You may not use the Players or Widget in any way that suggests that IslamicTunes or any artist, audio creator or other third party endorses or supports your website, or your use of the Players or Widget. The foregoing shall apply whether such use is commercial or non-commercial. IRAMAXCHANGE reserves the right to block your use of the Players and the Widget at any time and for any reason in its sole discretion. 21. ProLabel Users Account All registration for Registered User is free but certain features of the Platform are only available to registered users who upgrades or subscribe for a “ProLabel User” and “ProLabel Premium” account (together, “ProLabel Accounts”). The purchase of ProLabel Accounts is subject to additional terms. These terms include, amongst other things, terms relating to payment, the conclusion and renewal of your contract, your right of cancellation during the first 14 days of your subscription, and certain technical usage limitations. These additional terms are applicable to ProLabel Account users in addition to these general Terms of Use.
Type of Registered
Feature Services
Pricing
Content Partner
1.Free use for every general user such as ProfilePage, Insight sales, etc.
2.Get content to be listed on Global Digital Distribution & Streaming Platform including iTunes, Spotify, Apple Music, Joox, Deezer, Youtube, etc.
3.Upload content to Direct Digital Download Store (DDDs) via IslamicTunes website/apps.
4.Social Media Awareness Syncronization with all IslamicTunes social media account, Islamictunes (if applicable), etc.
5.Track sales, streams, and revenue with clear dashboards.
Free & unlimited content uploads upon signing a Content Partner Agreement with IslamicTunes.
Content Partner User
ProLabel
1.Free use for every general user such as ProfilePage, Insight sales, etc.
2.Upload content to Direct Digital Download Store (DDDs) via Loonaq MusicXChange website/apps.
3.Track sales, streams, and revenue with clear dashboards.
Free for 2 contents upload per annum. For more uploads to 100 uploads, USD99.00 per annum.
ProLabel User
ProLabel Premium
Same as above except annual fees of RM299 per annum.
22. Changes to the Platform, Accounts and Pricing IslamicTunes reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, IslamicTunes shall use its reasonable endeavors to notify registered users of such decision in advance. You hereby agree that IslamicTunes and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that IslamicTunes may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories. IslamicTunes may change the features of any type of account, may withdraw or, introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its ProLabel Accounts from time to time. In the event of any increase in the price or material reduction in the features of any ProLabel Account to which you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where IslamicTunes proposes to make changes to any type of account to which you subscribe (Pro Label Account or otherwise), and these changes are material and to your disadvantage, IslamicTunes will notify you of the proposed changes by sending a message to your email which is happened as current email address that we have for your account, at least six (6) weeks in advance. 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 during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your account. 23. Termination You may terminate this Agreement at any time by sending notice in writing to Islamictunes Network PLT,confirming such termination, by removing all of Your Content from your account, by deleting your account and thereafter by ceasing to use the Platform. If you have a Pro Account, and terminate this Agreement before the end of your subscription, we are unable to offer any refund for any unexpired period of your subscription.
IslamicTunes may suspend your access to the Platform and/or terminate this Agreement at any time if (i) you are deemed to be a Repeat Infringer as described above; (ii) you are in breach of any of the material provision of these TOS including without limitation, the provisions of the following sections: Your Use of the Platform, Your Content, Grant of License, and Your Representations and Warranties; (iii) IslamicTunes elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (iv) in other reasonable circumstances as determined by IslamicTunes at its discretion. If you have a Pro Account and your account is suspended or terminated by IslamicTunes pursuant to (i) or (ii) above, you will not be entitled to any refund for any unexpired period of your subscription. If your account is terminated pursuant to (iii) or (iv), refunds may be payable at the reasonable discretion of IslamicTunes. Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by IslamicTunes , except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as IslamicTunes assumes no liability for any material that is irretrievably deleted following any termination of your account. IslamicTunes is not able to provide you with any backup file or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active. If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to do so from the Account page within your Settings on the Website. The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections entitled Your IslamicTunes Account, Your Content, Grant of Licence , Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination and Right of Cancellation, Assignment to Third Parties, Severability, Entire Agreement, and Applicable Law and Jurisdiction, respectively. 24. Assignment to Third Parties Loonaq™ may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Loonaq™. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Loonaq™. 25. Severability Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect. 26. Entire Agreement These TOS, together with the Privacy Policy andCookies Policy, constitute the entire agreement between you and Loonaq™ with respect to your use of the Platform (other than any use of Loonaq’s APIs which may also be subject to separate API Terms of Use), and supersede any prior agreement between you and Loonaq™. Any modifications to this Agreement must be made in writing. 27. Third Party Rights These TOS are not intended to give rights to anyone except you and Loonaq™. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section. 28. Applicable Law and Jurisdiction Except where otherwise required by the mandatory law of Malaysia or any member state of the European Union ·this Agreement is subject to the laws of the Malaysia, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and ·you hereby agree, and IslamicTunes agrees, to submit to the exclusive jurisdiction of the courts in Putrajaya, Malaysia for resolution of any dispute, action or proceeding arising in connection with this Agreement. The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Loonaq™ seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Loonaq™ or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Loonaq™, including with respect to Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use. 29. Disclosures The services hereunder are offered by Islamictunes Network PLT, a company incorporated under the laws of Malaysia and with its main place of business at No. 1B-2, Jalan BRP 1/4, Bukit Rahman Putra, 40160 Sg. Buloh, Selangor, MALAYSIA. More information about Loonaq is available here. You may contact us by sending correspondence to the foregoing address or by emailing us at admin@islamictunes.net .We will mail to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these TOS. Last Amended: 10 November 2023
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