Media 360 FZCO, its subsidiaries, affiliates and associated companies (“Media 360”, “We”, “Us”, or “Our”) are the publishers, developers, owners and/or controllers of the following mobile application and streaming service:-
- Muslim-Connect, a utility and information mobile application which provides inter alia prayer time, azan clock, full audio Quran with Arabic scripts, phonetics, translations, audio recitations, halal restaurants and mosque guide, qibla locator, Islamic Hijri calendar including other services, information, functions and features made available through the application (“Muslim-Connect”). Muslim-Connect currently offers two versions of the app, namely:-
(i) a free app that is supported by advertisements; and
(ii) a paid premium service without advertisements (“Muslim-Connect Premium”),
(Collectively referred to as “Muslim-Connect”).
These Terms of Use (“TOU”) applies when you (“you”, “your”, “User”) use media360me.com, muslim-connect.com, Muslim-Connect branded applications and all Our related sites, communications and services (collectively, “Our Services”). Please take the time to read these TOU and the Other Agreements carefully.
- OTHER AGREEMENTS
- Our Privacy Policy– describing how We collect and process your personal data, how We use and protect this information and your associated rights to this information;
- Our Cookies Policy– describing the cookies used on Our Services, why We use it and how you can control its use;
- Our Disclaimers– describing the scope of your rights and responsibilities when using Our Service.
You acknowledge that you have read, understood and accept these Other Agreements and agree to be bound by them.
- USE OF OUR SERVICES
2.1 Compliance with TOU. Your access to and use of Our Services are subject to these TOU, the Other Agreements you agree to at Section 1 above and any applicable laws, rules and regulations as it applies to Our Services.
2.2 Age Requirements. Although We do provide content suitable for children, Our Services are not intended to be used by children without supervision and approval of a parent or guardian. If you are under 13 years of age (or the age of majority in your state, territory or country of residence) you are not permitted to register or use Our Services or provide your personal data to Us.
2.3 Binding Agreement. By registering to Our Services or accessing any Content, you enter into a binding agreement with Us and confirm that any information you provide Us is true, accurate and complete at all times, and that you are either:
- 18 years of age (or the age of majority in your state, territory or country of residence), you consent, and you agree to be bound by these TOU and Other Agreements; or
- 13 years of age, but under 18 years of age (or under the age of majority in your state, territory or country of residence), that your parent or guardian has consented to your use of Our Services and access to any content. Such consent shall also include consent and agreement to these TOU and Other Agreements given on your behalf (including any modifications you made to your account with Us).
2.4 Operation and Use of Account. You are responsible for all use of your account, including use of your account by other members of your household or acquaintances. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with these TOU and Other Agreements, and you agree to be responsible for their activity while using Our Services.
2.5 Accurate Data. You confirm and warrant that all the data and information you supply to Us are accurate in all respects and you agree to promptly update your said registration data whenever necessary, so that your said registration data remains accurate at all times.
2.6 Software Updates. By downloading, installing or using Our Services, you agree to receive automatic software updates (as applicable).
2.7 Malware. You must not intentionally or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage Our Services or connected network, or interfere with any person or entity’s use or enjoyment of Our Services.
- LICENSE AND RESTRICTION ON USE
3.1 License. We grant you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to use Our Services, solely for your own personal use and non-commercial purposes in accordance with these TOU.
3.2 Restrictions. You must NOT under any circumstances use Our Services to:
(a). copy, capture, reproduce, duplicate, archive, sell, distribute, upload, transmit, publish, modify, translate, broadcast, perform, display, make available and communicate to the public, publicly display, rent, lease, export, publish or otherwise reproduce Our Services or any part thereof in any form by any means;
(b). adapt, modify, decompile, disassemble, transform any of Our Services in any media format or channel now known or hereafter devised and/or reverse engineer Our Services or any part thereof.
(c). circumvent any copyright, trademark, or other proprietary notices marked on Our Services or any digital rights management mechanism, device, or other content protection or access control measure associated with Our Services including geo-filtering mechanisms or any privacy, publicity or other proprietary rights.
(d). create any derivative works or materials that otherwise are derived from or based on Our Services, including montages, mashups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise. This prohibition applies even if you intend to give away the derivative materials free of charge; and/or
(e). The above restrictions include without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills.
3.3 Misuse. You agree that you will not misuse the content of Our Services you access and view, including without limitation to downloading/ storing the content of Our Services by illegal/ non-permitted means, or infringing any of media 360’s, media 360’s affiliates or its licensors’/or any third party’s copyright, trademark, design, patent and/or other intellectual property including any rights of media 360, media 360’s affiliates or its licensors’ or any third party subsisting in the content of Our Services.
3.4 Third Party Terms of Use. You may encounter third-party applications while using Our Services which may include, without limitation, websites, widgets, software, and/or services that interact with Our Services. Your use of these third-party applications shall be subject to such third-party terms of use or license terms. We shall not be liable for any representations or warranties or obligations made by such third-party applications to you under contract or law or otherwise.
3.5 Reservation of Rights. We reserve all rights not granted hereunder. Any breach of the requirements or restrictions in these TOU shall result in immediate and automatic termination of all rights and license granted hereunder.
Third Party Processing Portal. You acknowledge that We use a third-party payment processing portal to process and facilitate the payment of your Subscription Fee. We will notify you if you have successfully completed your Subscription. WE DO NOT COLLECT, ACCESS, STORE OR PROCESS ANY CREDIT OR DEBIT CARD INFORMATION EXCEPT TO THE LIMITED EXTENT PROVIDED IN OUR PRIVACY POLICY. PLEASE ALSO READ THE PRIVACY POLICY ON THE PAYMENT PROCESSOR’S WEBSITE REGARDING THE USE, STORAGE AND PROTECTION OF YOUR CREDIT OR DEBIT CARD INFORMATION BEFORE SUBMITTING ANY CREDIT OR DEBIT CARD INFORMATION.
4. CODE TERMS
4.1 If you have purchased or received a pre-paid coupon, voucher code, gift card or other offer provided or sold by or on behalf of Us for redemption of a Subscription for access to Our Services (“Codes”) shall, to the extent applicable, be subject to such third-party terms and conditions including for the subscription period, cancellation policy, refund and payment policy. If you do not have an existing account, you will be required to create an account and accept these third-party terms prior to redemption and access to Our Services.
4.2 All Codes are subject to the following conditions, restrictions and limitations:
(a). Codes are issued for one-time use only and shall automatically become invalid upon successful redemption;
(b). Codes cannot be re-sold, refunded, exchanged or traded for cash, or for services or for any other consideration with any third-party;
(c). We reserve the right to cancel or withdraw the validity and use of Codes without notice for any of the following reasons: (i) actual or attempted fraud ; (ii) improper use; (iii) breach of terms and conditions governing the use of Codes; and/or (iv) to reasonably safeguard or protect Our interests; and
(d). We are not responsible for any lost, stolen or expired Codes.
5. NO WARRANTY
5.1 Our Services and all information, materials, services and functions contained therein including,
software, programs, data, databases, text, graphics, photographs, animations, audio, music, video, links or other materials, are provided “as is” and “as available”. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH OUR SERVICES OR ANY INFORMATION AND MATERIALS PROVIDED THROUGH OUR SERVICES. Without prejudice to the generality of the foregoing, We do not warrant: (i) the accuracy, timeliness, adequacy or completeness of the information, materials, services and/or functions provided through Our Services; (ii) that your use of and/or access to Our Services or any information or any materials provided through Our Services, or the operation of the platform providing Our Services, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that Our Services or any information or materials provided through Our Services will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and (iv) that use of Our Services and/or the materials displayed on Our Services by you will not infringe the rights of third parties.
6 USER MATERIAL
6.1 User Material. As part of Our Services, you may have the opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) videos, reviews, comments, photos, on Our Services (“User Material”). Any User Material will be public and will not be considered to be “Personal Data” under the applicable data protection laws. You acknowledge and agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on Our Services with any User Material. If you choose to publicly avail any User Material, you will be doing so at your own risk.
6.2 License to User Material. To the fullest extent permitted by applicable law, by Posting User Material, you hereby grant Us, limited license to use, display (publicly or otherwise), reproduce, distribute, adapt, modify, delete from, add to, prepare derivative works of, publicly perform, publish, and/or otherwise use, analyse, and exploit such User Material worldwide, including on or through any property, in perpetuity, in any media formats and any media channels now known or hereinafter created, and for any purpose (including promotional purposes, such as testimonials).
To the fullest extent permitted by applicable law, the license you grant to Us in relation to your User Material is fully paid-up, transferable, non-exclusive, royalty-free, irrevocable, and fully sub-licensable. Additionally, to the fullest extent permitted by applicable law, We are free to use any feedback, ideas, concepts, know-how, or techniques contained within such User Material for any purpose, including developing, manufacturing, marketing, and providing commercial products and services.
We shall not be required to notify you or seek your permission to use such User Material and We shall not be required to make any payments to you or a third-party in relation to its use of your User Material. You acknowledge that the User Material is not confidential and that you have no expectation of privacy in it.
6.3 Restrictions. In addition to the restrictions set forth in Section 3 above, you must not Post any User Material that:
(a). you do not have the right to Post;
(b). is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, in any manner that may cause discord amongst communities of the Muslim faith of any sect, ideology or denomination or otherwise unlawful in any manner whatsoever;
(c). infringes any patent, trademark, design, copyright, privacy, publicity or other intellectual property or proprietary right of any person or entity;
(d). violates any applicable law;
(e). impersonates another person or entity;
- threatens the unity, harmony, integrity, defense, security or sovereignty of any relevant countries, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. You also represent and warrant that the posting of User Material does not violate any right of any party, including privacy rights, publicity rights, and/or intellectual property rights.
You represent and warrant that you have all rights necessary to grant the license granted under this Section, and that your User Material, and your provision thereof are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. In no event do We assume any responsibility or liability whatsoever for any User Material, and you agree to irrevocably waive any legal, equitable, “moral” or other rights or remedies you may have against Us with respect to such User Material under any applicable law of any country.
6.4 Media 360’s Rights. We may cancel or discontinue post(s) of User Material and/or the availability of the User Material and any decision in this matter shall be at Our discretion and shall be final and binding. You or other users are not permitted to download any User Material or take screenshots of the same as such actions are in violation of these TOU. You agree that We shall have the right, but have no obligation, to monitor User Material and to restrict or remove User Material that We may determine, in Our sole discretion, is inappropriate, or for any other reason.
You acknowledge that We reserve the right to investigate and take appropriate legal action against anyone who violates these TOU, including terminating their account, terminate, suspend, limit, their use of Our Services or access Our Services and/or reporting User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity (including for Our compliance with the applicable laws and regulations)
7. INTELLECTUAL PROPERTY OWNERSHIP
7.1 The Materials. Unless otherwise stated, all content available on Our Services (excluding User Material), including, but not limited to text, graphics, logos, designs, photographs, button icons, images, audio/video clips, Temporary Downloads, data compilations, names, trademarks, service marks, brand identities, characters, trade names, graphics, copyrights, trade dress, or other intellectual property, and the organization, compilation, look and feel, of Our Services (collectively, the “Materials”) are owned by Us or the applicable service providers, and are protected under copyright, trademark and other intellectual property and proprietary rights laws.
All right, title and interest attached to the Materials will at all times remain with Us and Our service providers and may not be used or reproduced without prior written approval from Us and Our service providers. We do not promote, foster or condone, and expressly prohibit any and all activities, including but not limited to use of Our Services, Materials or User Material, which infringes Our intellectual property rights, Our service providers, and other third parties. Violators may be subject to criminal and civil liability, and We reserve all rights and remedies against any User who violates these TOU.
All Users of Our Services must ensure that the User Materials they upload do not infringe any third-party copyright. We will immediately remove any User Materials in accordance with the Digital Millennium Copyright Act if We are notified by any third-party of any potential or actual infringement by a User. In the event We find that a User has committed a subsequent infringement, We will terminate the offending User’s account without any further notice.
7.2 Digital Millennium Copyright Act. We respect and are committed to protect the legal rights of copyright owners. If you have any reasonable cause to believe that a content on Our Services infringes your copyright, please send an email to Our designated representative at legal@media360me.com to notify Us of the claimed copyright infringement by complying with Title 17, Chapter 5 Section 512(c)(3) of the U.S. Code, failing which, the DMCA notice may not be valid. We will assess each DMCA notice on the alleged infringement and take appropriate action in accordance with the applicable intellectual property laws.
(a). Where a copyright owner or an exclusive licensee or an agent of the foregoing parties (“Complainant”) furnishes to Us (through Our designated representative) a valid notice in the form prescribed by the Act (“Take-Down Notice”), We will take reasonable steps to remove or disable access to the relevant material in accordance with the Act.
(b). Following the removal of or disabling of access to the relevant material, We will take reasonable steps to notify the person who made available such material (“Provider”) in accordance with the Act.
- Where the Provider furnishes to Us (through Our designated representative) a valid notice in the form prescribed by the Act (“Counter Notice”) within six weeks from the date We notify the Provider of the removal or disabling of access, We will take reasonable steps to restore the relevant material if it is technically and practically feasible to do so, unless court proceedings are commenced to prevent the restoration and We are informed in writing in accordance with the Act.
(d). Please ensure that the Take-Down and Counter Notices you provide to Us are in conformance with the form prescribed by the Act. We will not act on any notice unless the notice is a valid notice in the form prescribed by the Act.
(e). For your information, the Copyright (Network Service Provider) Regulations sets out the form in which take-down and counter notices should be provided to network service providers.
(f). Please be aware that the Act states that a person who, in making a Take-Down or Counter Notice, makes any statement (in Singapore or elsewhere) which is false or which such person knows is false or does not believe to be true, and which touches any point material to the object to such notice, will be liable on conviction to a fine of up to SGD 10,000 or to imprisonment for up to two years. Such person shall also be liable in damages to any party who suffers any such loss or damage that is reasonably foreseeable as likely to result from the making of such take-down or counter notice.
Please refer to ‘Contact Us’ below to contact Our designated representative
8. NEW SERVICES AND OTHER APPLICABLE TERMS
8.1 New Services. In addition to these TOU, the use of specific aspects of Our Services and/or more comprehensive or updated versions of Our Services may be subject to additional terms and conditions (“Additional Terms”), which will apply in full force and effect. By agreeing to these TOU, you also agree to such Additional Terms.
We reserves the right (but shall not be obliged) to introduce new products, applications, programmes, services, functions and/or features (collectively, “New Services”) to Our Services. All New Services shall be governed by these TOU and may be subject to Additional Terms which you shall be required to agree to before access to and use of such New Services are provided. In the event of any inconsistency between these TOU and the Additional Terms, the Additional Terms shall prevail in so far as the inconsistency relates to the service, product and/or programme in question unless otherwise provided. You may be required to make additional payment to use or access New Services.
8.2 Google Maps APIs. Some parts of Our Services implement Google Maps API(s). By accessing and using such parts of Our Services which implements Google Maps API(s), you also agree to be bound by Google’s Terms of Service and Google Privacy Policy as may be updated from time to time
9. DATA PRIVACY AND CONFIDENTIALITY
9.1 You agree that all information and/or particulars sent or submitted by you through Our Services are non-confidential and non-proprietary unless otherwise expressly indicated by you and may be collected, used and disclosed by Us in accordance with Our Privacy Policy, as may be updated and/or amended by Us from time to time
10. INDEMNITY
10.1 You agree to defend, indemnify and hold harmless Us, Our affiliates, shareholders, officers, directors, employees, third-party partners, service providers and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to Our Services and/or any related services; (ii) your violation of any term of these TOU; (iii) your violation of any third party rights, including without limitation any publicity, privacy, or intellectual property right; (iv) your breach of any applicable laws; and/or (v) any unauthorized, improper, illegal or wrongful use of your account by any person, including a third party, whether or not authorized or permitted by you. This indemnification obligation shall survive the expiry or termination of these TOU and your use of Our Services.
11. LIMITATION OF LIABILITY
11.1 We shall in no event nor for any reason whatsoever be liable, even if We have been advised of the possibility of such damages, losses or expenses, for any damages, loss or expense, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with (i) any access, use or the inability to access or use Our Services; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; (iii) any use of or access to any other website or webpage provided through Our Services; (iv) any services, products, information, data, software or other material obtained or downloaded from Our Services or from any other website or webpage provided through Our Services or from any other party referred by or through the use of Our Services; or (v) your use or misuse of Our Services. In no event shall We be liable to you, or any other party for: (a) amounts due from other Users of Our Services in connection with the purchase of any products/services; (b) damages arising in connection with the downloading or installation of, or the inability to download or install the application to access Our Services, by you or other third party; and/or (c) sales, customs and/or import or export taxes.
12 Contact Us. If you have questions or comments regarding these TOU, please contact Us at legal@media360me.com. You may also reach Us by mail at the following address:
media 360 Group
Attention: Legal Department/ Terms of Use
Dubai Digital Park
#DSO-FIZA-14374
Dubai office A2