قالب وردپرسافزونه وردپرسقالب فروشگاهی وردپرسقالب وردپرسقالب صحیفه

Mandate Agreement

Welcome to the IslamicTunes™ Mandate Agreement (“Agreement”), between you and the owner of IslamicTunes which is Loonaq Records (Business Registration No. 002074804-D), a business registered in Malaysia and having its operation address at No. 13A, Jalan Desa Kundang 2, Taman Desa Kundang, 48050 Rawang, Selangor, MALAYSIA; (along with our licensees and assignees collectively referred to in this Agreement as “us,” “we,” and “IslamicTunes” or “Loonaq”).

This Agreement is incorporated into and subject to the Terms of Service (“TOS”) including our Privacy Policy, Cookies Policy and Community Guidelines and shall be read and accepted together. This Agreement also contains the general terms and conditions under IslamicTunes™ offers of “Services” (as defined below) and if you choose to utilize the Digital Distribution & Audio/Video Streaming Monetizing Services (as defined below).

Use of the Services, including through the submission of content recordings (including music works embodied therein), audio, video, ebook, images and etc. for worldwide digital distribution and content monetizing by Loonaq (whether by uploading it to the Loonaq™ website or IslamicTunes™ or http://islamictunes.net (the “Website” or “platform”) or any IslamicTunes’s sisters and linked website (https://islamictunes.id or http://islamictunes.co.id or http://islamiktunes.blogspot.com/ or http://islamictunesfm.blogspot.com/ ), or any web/mobile applications initiates or will be initiated by Loonaq in the future; through the submission of physical embodiments of your content to Loonaq™ or IslamicTunes™ or to official administrative and representative, constitutes your agreement to and acceptance of this Agreement and any applicable Addendum.

THIS AGREEMENT, WHEN ACCEPTED BY YOU AFTER YOU CLICK “I AGREE,” WILL CREATE A BINDING AND LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND US, WHETHER YOU ARE ACTING IN YOUR INDIVIDUAL CAPACITY OR AS THE AUTHORIZED REPRESENTATIVE FOR A CONTENT OWNER THAT MAY BE AN ARTIST, BAND, GROUP, RECORD LABEL, WRITER, PUBLISHER, PHOTOGRAPHER, GRAPHIC DESIGNER, ILLUSTRATOR OR CORPORATION, IN WHICH CASE “YOU” SHALL REFER TO THE ARTIST, BAND, GROUP, RECORD LABEL, WRITER, PUBLISHER, PHOTOGRAPHER, GRAPHIC DESIGNER, ILLUSTRATOR OR CORPORATION ON WHOSE BEHALF YOU ARE ACTING AND AUTHORIZED TO ACT. THEREFORE, PLEASE READ THIS AGREEMENT CAREFULLY AND CONSULT WITH YOUR OWN BUSINESS AND LEGAL ADVISORS BEFORE CLICKING “I AGREE.”

THE “EFFECTIVE DATE” OF THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK THE “I AGREE” BUTTON BELOW.

We reserve the right to add, delete and/or modify any of the terms and conditions contained in this Agreement pursuant to the provisions below and any or all related provisions in Terms of Service (TOS), Privacy Policy, Cookies Policy and Community Guidelines. Notwithstanding the preceding sentence, no modifications to this Agreement will apply to any dispute between you and Loonaq™ and/or IslamicTunes™ that arose prior to the date of such modification. In the event of substantive changes to the terms of this Agreement, you will be notified by email. If any modification is unacceptable to you, your only recourse is to discontinue use of the Services. Your continued use of the Services following posting of a change notice or new agreement on the Site or notice to you via e-mail, will constitute your binding acceptance of the changes.

YOU ARE RESPONSIBLE FOR MAINTAINING A VALID E-MAIL ADDRESS ON FILE WITH ISLAMICTUNES FOR SO LONG AS YOU AVAILABLE YOURSELF OF ANY SERVICES.

Apart from all services that defined in Terms of Service (TOS), Privacy Policy, Cookies Policy and Community Guidelines, it is agreed as follows:

  • Certain Definitions:

The terms and expressions of this Agreement as set out in as defined below shall have the meanings and interpretations as defined therein. The following capitalized terms shall have the following meanings for purposes of this Agreement:

(a)             “Authorized Territory” means the universe, or more limited territories, to the extent so limited by you, during the Loonaq registration process.,

(b)             “IslamicTunes Widget” means a

(i)      software application available on the Website that you or someone authorized to act on your behalf may embed on third-party websites,

(ii)     link, code, script or any other software or instruction that you or someone authorized to act on your behalf may embed or place on a third-party website, including, but not limited to, social media websites such as Facebook, that permits a user of such third-party website to access content hosted and/or streamed from servers owned or controlled by or on behalf of IslamicTunes, including Your Content, or

(iii)    standalone software available for use on mobile devices, smartphones (e.g., iPhones, Android phones), tablet computers (e.g., iPads), set-top boxes, and other hardware now known or hereafter developed (collectively, “Hardware”), that facilitates or enables the public performance, communication to the public or other transmission of Your Content via the Internet or any other transmission medium through such third-party websites or on or through any Hardware. The IslamicTunes Widget may provide access to all of Your Content or give you the ability to control which of Your Content is available through third-party websites, as IslamicTunes may choose in its sole discretion.

(c)             “Copyright Management Information” or metadata of the every content escpecially for music and audio video contents means the digital information conveying information regarding a Digital Master that you upload, including, by way of example and not limitation, the title of the applicable album, the name of the song, the ISRC code, UPC code or Barcode, the marketing label, and the record company or production  name, date of releases, author, composer and arranger for music and audio content; If you doesn’t have the ISRC/UPC code yet, you agree to accept Loonaq recommendation to supply this codes within Loonaq capacities and contacts with any third party who rendered this services with a little fees (can be deductable from your payment account later) and this codes will totally yours forever.

(d)             “Digital Distribution and Audio/Video Monetizing Service” means the platform services operated by Loonaq Records or its agent or aggregator, offered to registered users of IslamicTunes who eligible by individually or by organisation for the sales and distribution or monetizing via licensing of your own or beneficially owned through the digital or Website or through websites and services operated by or on behalf of Licensees.

(e) “Digital Master” or “Digital Masters” means a copy or copies of your content in digital form, whether created by you or Loonaq Records.

(f)              “Digital Performance Rights” means the rights to perform a copyrighted work publicly by means of a digital audio-video transmission.

(g) “Digital Performance Rights Administration Service” means the service that enables Loonaq to administer and manage your Digital Performance Rights and to collect on your behalf monies derived from the exploitation of the Digital Performance Rights in the sound recordings you have submitted to Loonaq.

(h)             “Licensee” means any third party licensee that we may authorize to carry out the marketing, distribution, licensing, and sale or other use of Your Content pursuant to the terms of this Agreement, including, by way of example and not limitation, Apple Music, iTunes, MediaNet, Rhapsody, online streaming services (e.g., webcasters), Google Play Music, 7Digital, Spotify, Deezer, Rdio, Youtube, Vimeo, SocialCam, WordPress, Blogs,  and others that Loonaq may chose in its sole and absolute discretion.

(j)   “Physical Product” means Your Content as fixed in physical product such as CDs, DVDs, CDVD, LPs, words, Books, graphic or photo images, etc.

(k) “Service” or “Services” means either one, if it refers to this Agreement, it is mean a mandate for Digital Distribution and Monetizing Service; but if it means for total IslamicTunes services, it shall be referred to Terms of Service (TOS).

(m) “Threshold Amount” means the dollar amount set by you initially upon your registration with IslamicTunes, or as subsequently modified by you, which amount shall in no event be less than USD50;

(n) “Your Content” means

(i) sound recordings, video content (i.e., audiovisual works), audio work and the musical works embodied in such sound recordings and in video content, and any album related artwork, photos, images, photos, liner notes, metadata, “literary works”, “all related digital contents including to be use in social media platform”, “communication to the public”, “reproduction” and such other terms used in this Agreement which also appear in the Malaysian Copyright Act 1987 shall have the meanings given to them by the Malaysian Copyright Act 1987 or as it may be amended, modified or re-enacted;

(ii) other material related to your recordings or any storage which can stored on any digital content, documents, images, photo, ebook, audiobook, graphic works, words, graphic writing, and any video content that you have provided to IslamicTunes, either by digital upload or to the Website or by delivery of Physical Product, either directly or via a third party acting on your behalf, must be owned or controlled by you and/or have been cleared by you for all purposes and rights granted and authorized under this Agreement. For the avoidance of doubt, Your Content encompasses each recording and the musical work (i.e., the notes and lyrics) embodied in each sound recording, any video content including any digital storage which can stored and deliver either upload and download by any digital devices.

(o) Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, words denoting any gender shall include all gender, words denoting persons shall include bodies corporate unincorporated associations and partnerships, references to “day” or “days” shall mean a 24 hour period in a calendar day.

(p) A reference to any of the words “include”, “includes” and “including” is read as if followed by the words “without limitation”

(q)  The Works in this agreement is mean works which are now or in the future owned and/or controlled, wholly or partly, by you:

a.  sound recordings;

b.  video recording;

c.  audio recordings;

d.  musical works;

e.  related literary works or lyrics;

f.  spoken words;

g.  images (photo/custom designs images) including with or without writing;

i.  sketches, drawings with or without writing;

j.  ebooks, digital books or articles, journal.

l.  Any related digital content future technologies.

(r)    The Use means all or any of the following –

(1)        Reproducing or using any of the Works or any part thereof as machine-readable data files (which are not in monophonic or polyphonic format) for purposes of making available any of the Works or any part thereof as ringback tones, audio song clips, true tones, real tones, full track downloads or in any other future digital formats (hereafter referred to together as “digital music”) including Youtube, Vimeo, Facebook, web/Blog, Tweeter, image & pictures galleries, Soundcloud, iTunes, Amazon Mp3, Google, Spotify, Deezer, etc.; and

(2)        Using such machine-readable data files with the appropriate configuration of computer software and hardware and compatible device to produce an audible sound and which sound is formatted to function as digital music;

(3)        Making copies of such machine-readable files for purposes of storage, distribution or communication to the public of such machine-readable files as digital music over retail counters and via the networks and transmission lines of telecommunication companies and the internet;

(4)        Communicating and distributing such machine-readable files to the public as digital music over retail counters and via the networks and transmission lines of telecommunication companies and the internet; such as and including Youtube, Vemeo, Facebook, Tweeter, image & pictures galleries, Soundcloud, iTunes, Amazon Mp3, Spotify, Deezer, etc.; and

(5)        All other digital or new media use of the Works as may arise in the future and as may be approved by the Board of Directors of LOONAQ unless otherwise excluded specifically in writing.

  1. Administration and collection of royalties for the Works

2.1       Subject to such assignments or third party rights as may be notified in writing by the you to IslamicTunes from time to time after the date of this Agreement, you hereby authorizes and vests rights to IslamicTunes and/or its duly appointed and authorized agents to do the following on an exclusive basis –

i.    grant to third parties, subject to the terms and conditions determined by Loonaq or IslamciTunes    from time to time, the Licenses; and

ii.   collect the License Fees;

iii.  Territory is worldwide.

2.2       During the subsistence of this Agreement, you may not appoint any others to carry out any of the acts in clause 2.1(a) and 2.1(b) above and may only itself do such acts with the prior written consent of Loonaq or IslamicTunes which will not be unreasonably withheld.

  1. Reservation of rights 

3.1   You reserve all rights in and to the Works including the right in its sole discretion to restrict or rescind the use of any of the Works at any time. You will give us written notice of any such restriction or rescission and IslamicTunes must comply fully with the restriction or rescission within the time as may be specified in the notice or such other time mutually agreed to by the parties

3.2   No rights and/or privilege are granted other than those expressly specified in this Agreement or by way of a separate and specific authorization by you to Loonaq or IslamicTunes. All rights and/or privilege not specifically and expressly granted are reserved by you.

  1. Distribution of Licensing Fees

Loonaq or IslamicTunes shall distribute and pay to you all or any part of the Licensing Fees collected in any financial year of Loonaq or IslamicTunes in the manner of distribution and payment as may be approved or deemed fit at the sole discretion of Loonaq but subject always that –

4.1   Loonaq may deduct from the License Fees such administrative charges and costs as may be approved or deemed fit at the sole discretion of the Board of Directors of Loonaq; and

4.2   Loonaq may utilize for its own administration purposes and benefit, the whole of and any interest which may be earned on the License Fees held by Loonaq prior to and pending distribution to you as provided in this Agreement

5. Distribution of Profit

Loonaq or IslamicTunes shall distribute and pay to you all or any part of the profit resulting from sales directly generated by your account through advertising, digital content purchases (offline and online), merchandising, and any other source which can be proven or agreed in writing in any financial year of Loonaq in the manner of distribution and payment as may be approved or deemed fit at the sole discretion of Loonaq but subject always that –

5.1   Loonaq may deduct from the sales revenue such administrative charges and costs as as may be approved or deemed fit at the sole discretion of the Board of Directors of Loonaq;

5.2   Loonaq may pay to you up to a maximum of 50 (fifty) percent of the net profit as computed by the appointed Financial Director of Loonaq for the affected sale(s); and

5.3   Loonaq may pay to you any or part of the profit due to you within 3 (three) months of the date you makes an official claim in writing to Loonaq.

6. Warranties and indemnities

6.1   You warrants to Loonaq that it has full rights, power and authority to enter into this Agreement and to vest the rights in and grant the authority to Loonaq as described in this Agreement

6.2   You will hold Loonaq and/or its duly authorized and appointed agents free and harmless from and against any and all claims, liabilities, demands, damages, expenses, losses and costs or any sums paid in settlement arising out of or incurred as a direct result of any breach of any express or implied warranty given by the Member in this Agreement

6.3   Loonaq will hold you free and harmless from and against any and all claims, liabilities, demands, damages, expenses, losses and costs or any sums paid in settlement arising out of or incurred as a direct result of any unlawful or negligent act of Loonaq and/or its duly authorized and appointed agents in exercising the rights granted by you pursuant to this Agreement

  1. Ratification

You hereby ratify all lawful acts performed and undertaken by Loonaq prior to the date of this Agreement pursuant to or for the purpose of exercising and enforcing the rights which are now granted by this Agreement to Loonaq.

8. Termination 

8.1   This Agreement shall subsist and continue in force until the occurrence of any of the following:

i.    upon the expiration of 6 months from the date of receipt of written notice from the other party terminating this Agreement;

ii.   a resolution is passed or an order is granted for the winding-up, liquidation or administration or a receiver or an administrative receiver is appointed over all or any part of the assets of you or Loonaq;

iii.   the control or controlling interest in either your party or Loonaq is changed and vested in persons different from persons having control or controlling interest as at the date of this Agreement unless there is agreement in writing between the parties to continue with this Agreement.

8.2  Notwithstanding any termination of this Agreement:

a.   you shall continue to be bound by any licenses granted or license agreements reasonably entered into by Loonaq or IslamicTunes with third parties in accordance with this Agreement prior to the termination of this Agreement; and

b.   Loonaq or IslamicTunes shall continue to be obliged to collect all or any part of the License Fees not collected in respect of any licenses granted or license agreements entered into with third parties prior to any termination of this Agreement and to make distribution and payment to you in accordance with the provisions of this Agreement

SCHEDULE 1

 

Agreement

This agreement and any and all appendices attached to or incorporated in it by reference and shall include amendments to this agreement and its appendices mutually agreed between Loonaq™ and the Member (KontenPreneur – ProPremium)
Agreement DateAs per click
LicensesLicenses to do all or any of the following acts solely for the purpose of the Use in the Territory –

(i)             copy or reproduce any of the Works;

(ii)            communicate to the public any of the Works;

(iii)           distribute any of the Works including copies which have not previously been put into circulation in the Territory

 

License FeesFees or royalties for the grant by Loonaq Records of the Licenses
MemberAs what you fill in the registration form (state name, company no. and address of the Member)
TerritoryWorldwide and/or except:

(If not stated for except, this mandate automatically for worldwide)

UseThe use of the Works in the manner as described in SCHEDULE 2 to this Agreement which by mutual agreement of Loonaq and you may be added to, deleted from, amended, modified or otherwise varied from time to time
WorksThe following works which are now or in the future owned and/or controlled, wholly or partly, by you:

(k)      sound recordings;

(l)        video recording;

(m)     audio recordings;

(n)      musical works; and

(o)      related literary works or lyrics ;

(p)      spoken words;

(q)      images (photo/custom designs images) including with or without writing;

(r)       sketches, drawings with or without writing;

(s)      ebooks, digital books or articles , journal.

(t)       Any related digital content future technologies.

 

SCHEDULE 2

The Use means all or any of the following –

(1)        Reproducing or using any of the Works or any part thereof as machine-readable data files (which are not in monophonic or polyphonic format) for purposes of making available any of the Works or any part thereof as ringback tones, audio song clips, true tones, real tones, full track downloads or in any other future digital formats (hereafter referred to together as “digital music”) including any audio/video streaming such as Youtube, Vimeo, Facebook, web/Blog, Tweeter, image & pictures galleries, Soundcloud, iTunes, Amazon Mp3, Google, Spotify, Deezer, etc.; and

(2)        Using such machine-readable data files with the appropriate configuration of computer software and hardware and compatible device to produce an audible sound and which sound is formatted to function as digital music;

(3)        Making copies of such machine-readable files for purposes of storage, distribution or communication to the public of such machine-readable files as digital music over retail counters and via the networks and transmission lines of telecommunication companies and the internet;

(4)        Communicating and distributing such machine-readable files to the public as digital music over retail counters and via the networks and transmission lines of telecommunication companies and the internet; such as and including Youtube, Vemeo, Facebook, Tweeter, image & pictures galleries, Soundcloud, iTunes, Amazon Mp3, Spotify, Deezer, etc.; and

(5)        All other digital or new media use of the Works as may arise in the future and as may be approved by the Board of Directors of LOONAQ unless otherwise excluded specifically in writing.

 

END OF DOCUMENT.

 

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قالب وردپرسافزونه وردپرسقالب فروشگاهی وردپرسقالب وردپرسقالب صحیفه