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Last Updated: 2021-09-22 15:08:44

 

Zamzame terms of use

1. Introduction

Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) Zamzame's personalized services for streaming music and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "Zamzame Service") and any music, videos, podcasts, or other material that is made available through the Zamzame Service (the "Content").

Use of the Zamzame Service may be subject to additional terms and conditions presented by Zamzame, which are hereby incorporated by this reference into these Terms.

By signing up for, or otherwise using, the Zamzame Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Zamzame Service or access any Content.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 6 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Service Provider

These Terms are between you and Zamzame ,

Age and eligibility requirements

BY USING THE ZAMZAME SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the Zamzame Service and access any Content.

2. The Zamzame Service Provided by Us

Zamzame Service options

We provide numerous Zamzame Service options. Certain Zamzame Service options are provided free-of-charge, while other options require payment before they can be accessed (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.

Trials

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). By using a Zamzame Service via a Trial, you agree to the Zamzame Premium Promotional Offer Terms.

Third-Party applications, devices and open source software

The Zamzame Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Zamzame does not guarantee that Third-Party Applications and Devices will be compatible with the Zamzame Service.

Service limitations and modifications

We use reasonable efforts to keep the Zamzame Service operational and to provide you with a personalized, immersive audio experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:

·        The Zamzame Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.

·        We aim to evolve and improve the Zamzame Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Zamzame Service (including particular functions, features, subscription plans, and promotional offerings);

·        Zamzame has no obligation to provide any specific content through the Zamzame Service, and Zamzame or the applicable owners may remove particular songs, videos, podcasts, and other Content without notice.

If you have prepaid fees directly to Zamzame for a Paid Subscription that Zamzame permanently discontinues prior to the end of your Pre-Paid Period (as that term is defined in the Payments and cancellations section below), Zamzame will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.

Zamzame has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

3. Your Use of the Zamzame Service

Creating a Zamzame account

You may need to create a Zamzame account to use all or part of the Zamzame Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

Zamzame may reclaim, or require you to change, your username for any reason.

Your rights to use the Zamzame Service

Access to the Zamzame Services

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Zamzame Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Zamzame. You agree that you will not redistribute or transfer the Zamzame Service or the Content.

The Zamzame software applications and the Content are licensed, not sold or transferred to you, and Zamzame and its licensors retain ownership of all copies of the Zamzame software applications and Content even after installation on your Devices.

Zamzame's Proprietary Rights

The Zamzame Service and the Content are the property of Zamzame or Zamzame's licensors. All Zamzame trademarks, service marks, trade names, logos, domain names, and any other features of the Zamzame brand ("Zamzame Brand Features") are the sole property of Zamzame or its licensors. These Terms do not grant you any rights to use any Zamzame Brand Features whether for commercial or non-commercial use.

You agree to abide by the Zamzame User Guidelines and not to use the Zamzame Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.

Payments and cancellation

Billing

You may purchase a Paid Subscription directly from Zamzame or through a third party either by:

·        paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or

·        pre-payment giving you access to the Zamzame Service for a specific time period ("Pre-Paid Period").

Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.

If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Zamzame Service in addition to these Terms. Please contact the third party regarding any refunds or to manage your subscription. If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other offer provided or sold by or on behalf of Zamzame for access to a Paid Subscription ("Codes"), you hereby agree to the Zamzame Card Terms.

Price and tax changes

Zamzame may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Zamzame Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

Renewal and Cancellation

With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Zamzame or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Zamzame Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated with your Code, or when there is an insufficient pre-paid balance to pay for the Zamzame Service.

User guidelines

We've established guidelines for using the Zamzame Service, to make sure the Zamzame Service stays enjoyable for everyone ("Zamzame User Guidelines"). In using the Zamzame Service, you must comply with the Zamzame User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.

Brand accounts

If you establish a Zamzame account on behalf of a company, organization, entity, or brand (a "Brand," and such account a "Brand Account"), the terms "you" and "your," as used throughout these Terms (including other Zamzame terms and conditions incorporated by reference herein), apply to both you and the Brand.

If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable Zamzame terms and conditions) and to bind the Brand to these Terms.

A Brand may follow users and create and share playlists, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user, artist, songwriter, or any other person, unless the Brand has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to artists, songwriters, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.

Export control and sanctions

Zamzame's products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.

You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Zamzame under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.

4. Content and Intellectual Property Rights

User Content

The content you post on the Zamzame Service

Zamzame users may post, upload, or otherwise contribute content to the Zamzame Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Zamzame Service (including to the Zamzame Support Community) by users.

You are solely responsible for all User Content that you post.

You promise that, with respect to any User Content you post on Zamzame, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by Zamzame pursuant to the license granted below, does not: (i) violate these Terms, including the Zamzame User Guidelines, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by Zamzame or any artist, band, label, or other individual or entity without the prior express written consent from Zamzame or such individual or entity.

In posting or sharing User Content or other information on the Zamzame Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the Zamzame Service and across the web, so please use caution in posting or sharing on the Zamzame Service, and be mindful of your account settings. Zamzame is not responsible for what you or others post or share on the Zamzame Service.

Monitoring user content

Zamzame may, but has no obligation to, monitor or review User Content. Zamzame reserves the right to remove or disable access to any User Content for any or no reason. Zamzame may take these actions without prior notification to you.

Licenses that you grant to us

User Content

You retain ownership of your User Content when you post it to the Zamzame Service. However, in order for us to make your User Content available on the Zamzame Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to Zamzame a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Zamzame Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

Feedback

If you provide ideas, suggestions, or other feedback in connection with your use of the Zamzame Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Zamzame without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.

Your Device

You also grant to us the right (1) to allow the Zamzame Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Zamzame Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.

Content experience

In any part of the Zamzame Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including Zamzame's agreements with third parties.

Some Content licensed by, provided to, created by, or otherwise made available by Zamzame (e.g., podcasts or shows) may incorporate advertising or other promotional messages.

Infringement claims

Zamzame respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please see the Zamzame Copyright Policy.

5. Customer Support, Information, Questions, and Complaints.

Zamzame support community

The Zamzame Support Community is a place for discussions and exchange of information, tips, and other materials related to the Zamzame Service. By using the Zamzame Support Community, you agree to the Community Terms.

Customer support, information, questions, complaints

For customer support with account- and payment-related questions ("Customer Support Queries"), please use Customer Support resources listed on the About Us section of our website.

If you have any questions concerning the Zamzame Service or these Terms (including any additional Zamzame terms and conditions incorporated herein), please contact Zamzame Customer Service by visiting the About Us section of our website. You may also contact us at the mailing address set forth in the "Service Provider" section at the start of these Terms.

In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

6. Problems and Disputes

Suspending and terminating the Zamzame Service

These Terms will continue to apply to you until terminated by either you or Zamzame. Zamzame may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Zamzame Service at any time if we believe you have breached any of these Terms, if we stop providing the Zamzame Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or Zamzame terminate these Terms, or if Zamzame suspends your access to the Zamzame Service, you agree that Zamzame shall have no liability or responsibility to you, and (except as expressly provided in these Terms) Zamzame will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Zamzame Service. To learn how to terminate your Zamzame account, please use the Customer Support resources on our About Us page.

The following sections shall survive termination: Sections 2 (The Zamzame Service Provided by Us), 3 (Your Use of the Zamzame Service) (except as set forth therein), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

 

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