Terms of Service
If you are a US resident, this Terms of
Service shall apply.
If you are a user having your usual
residence in the EU, this Terms of Service shall apply.
If your residence is in another country,
and not the US or EU, this Terms of Service shall apply.
Terms of Service
Last updated: Nov 2023
1. Your Relationship With Us
Welcome to Salam (the “Platform”), which is
provided by Xfaceline Limited in the Hong Kong(collectively such entities will
be referred to as “Salam”, “we” or “us”).
You are reading the Terms of Service (the “Terms”), which
govern the relationship and serve as an agreement between you and us and set
forth the terms and conditions by which you may access and use the Platform and
our related websites, services, applications, products and content
(collectively, the “Services”). Access to certain Services or features of the
Services (such as, by way of example and not limitation, the ability to submit
or share User Content (defined below)) may be subject to age restrictions and
not available to all users of the Services. Our Services are provided for
private, non-commercial use. For purposes of these Terms, “you” and “your”
means you as the user of the Services.
The Terms form a legally binding agreement between you
and us. Please take the time to read them carefully. If you are under age 17,
you may only use the Services with the consent of your parent or legal guardian.
Please be sure your parent or legal guardian has reviewed and discussed these
Terms with you.
Arbitration notice for users in the united states: these
terms contain an arbitration clause and a waiver of rights to bring a class
action against us. Except for certain types of disputes mentioned in that
arbitration clause, you and Salam agree that disputes between us will be
resolved by mandatory binding arbitration, and you and Salam waive any right to
participate in a class-action lawsuit or class-wide arbitration.
2. Accepting the Terms
By accessing or using our Services, you confirm that you
can form a binding contract with Salam, that you accept these Terms and
that you agree to comply with them. Your access to and use of our Services is
also subject to our Privacy Policy and Community Guidelines, the
terms of which can be found directly on the Platform, or where the Platform is
made available for download, on your mobile device’s applicable app store, and
are incorporated herein by reference. By using the Services, you consent to the
terms of the Terms of Service.
If you are accessing or using the Services on behalf of a
business or entity, then (a) “you” and “your” includes you and that business or
entity, (b) you represent and warrant that you are an authorized representative
of the business or entity with the authority to bind the entity to these Terms,
and that you agree to these Terms on the entity’s behalf, and (c) your business
or entity is legally and financially responsible for your access or use of the
Services as well as for the access or use of your account by others affiliated
with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our
Services. You understand and agree that we will treat your access or use of the
Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms
for your records.
3. Changes to the Terms
We amend these Terms from time to time, for instance when
we update the functionality of our Services, when we combine multiple apps or
services operated by us or our affiliates into a single combined service or
app, or when there are regulatory changes. We will use commercially reasonable
efforts to generally notify all users of any material changes to these Terms,
such as through a notice on our Platform, however, you should look at the Terms
regularly to check for such changes. We will also update the “Last Updated”
date at the top of these Terms, which reflect the effective date of such Terms.
Your continued access or use of the Services after the date of the new Terms
constitutes your acceptance of the new Terms. If you do not agree to the new
Terms, you must stop accessing or using the Services.
4. Your Account with Us
To access or use some of our Services, you must create an
account with us. When you create this account, you must provide accurate and
up-to-date information. It is important that you maintain and promptly update
your details and any other information you provide to us, to keep such
information current and complete.
It is important that you keep your account password
confidential and that you do not disclose it to any third party. If you know or
suspect that any third party knows your password or has accessed your account,
you can reset your password by receiving password recovery SMS via your
registered phone number and promptly notify us at salamtech2024@gmail.com.
You agree that you are solely responsible (to us and to
others) for the activity that occurs under your account.
We reserve the right to disable your user account at any
time, including if you have failed to comply with any of the provisions of
these Terms, or if activities occur on your account which, in our sole
discretion, would or might cause damage to or impair the Services or infringe
or violate any third party rights, or violate any applicable laws or
regulations.
If you no longer want to use our Services again, and
would like your account deleted, we can take care of this for you. Please
contact us via salamtech2024@gmail.com, and we will provide you with
further assistance and guide you through the process. Once you choose to delete
your account, you will not be able to reactivate your account or retrieve any
of the content or information you have added.
5. Your Access to and Use of Our
Services
Your access to and use of the Services is subject to
these Terms and all applicable laws and regulations. You may not:
In addition to the above, your access to and use of the
Services must, at all times, be compliant with our Community Guidelines.
We reserve the right, at any time and without prior
notice, to remove or disable access to content at our discretion for any reason
or no reason. Some of the reasons we may remove or disable access to content
may include finding the content objectionable, in violation of these Terms or
our Community Guidelines, or otherwise harmful to the Services or our
users. Our automated systems analyze your content to provide you personally relevant
product features, such as customized search results, and content
recommendation. This analysis occurs as the content is sent, received, and when
it is stored.
6. Intellectual Property Rights
We respect intellectual property rights and ask you to do
the same. As a condition of your access to and use of the Services, you agree
to the terms of the Copyright Policy.
7. Content
A. Salam Content
As between you and Salam, all content, software,
images, text, graphics, illustrations, logos, patents, trademarks, service
marks, copyrights, photographs, audio, music on and “look and feel” of the
Services, and all intellectual property rights related thereto (the “Salam Content”),
are either owned or licensed by Salam, it being understood that you or
your licensors will own any User Content (as defined below) you upload or
transmit through the Services. Use of the Salam Content or materials
on the Services for any purpose not expressly permitted by these Terms is
strictly prohibited. Such content may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed or otherwise
exploited for any purpose whatsoever without our or, where applicable, our
licensors’ prior written consent. We and our licensors reserve all rights not
expressly granted in and to their content.
You acknowledge and agree that we may generate revenues,
increase goodwill or otherwise increase our value from your use of the
Services, including, by way of example and not limitation, through the sale of
Virtual Gifts and related Services, and except as specifically permitted by us
in these Terms or in another agreement you enter into with us, you will have no
right to share in any such revenue, goodwill or value whatsoever. You further
acknowledge that, except as specifically permitted by us in these Terms or in
another agreement you enter into with us, you (i) have no right to receive any
income or other consideration from any User Content or your use of any musical
works, sound recordings or audiovisual clips made available to you on or
through the Services, including in any User Content created by you, and (ii)
are prohibited from exercising any rights to monetize or obtain consideration
from any User Content within the Services or on any third party service (e.g. ,
you cannot claim User Content that has been uploaded to a social media platform
such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are
hereby granted a non-exclusive, limited, non-transferable, non-sublicensable,
revocable, worldwide license to access and use the Services, including to
download the Platform on a permitted device, and to access the Salam Content
solely for your personal, non-commercial use through your use of the Services
and solely in compliance with these Terms. Salam reserves all rights
not expressly granted herein in the Services and the Salam Content.
You acknowledge and agree that Salam may terminate this license at
any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS
AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH
THE SERVICE.
You acknowledge and agree that when you view content
provided by others on the Services, you are doing so at your own risk. The
content on our Services is provided for general information only. It is not
intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from, any action
on the basis of the content on our Services.
We make no representations, warranties or guarantees,
whether express or implied, that any Salam Content (including User
Content) is accurate, complete or up to date. Where our Services contain links
to other sites and resources provided by third parties, these links are
provided for your information only. We have no control over the contents of
those sites or resources. Such links should not be interpreted as approval by
us of those linked websites or information you may obtain from them. You acknowledge
that we have no obligation to pre-screen, monitor, review, or edit any content
posted by you and other users on the Services (including User Content).
B. User-Generated Content
Users of the Services may be permitted to upload, post or
transmit (such as via a stream) or otherwise make available content through the
Services including, without limitation, any text, photographs, sound recordings
and the musical works embodied therein, including sound recordings from your
personal music library and ambient noise (“User Content”). Users of the
Services may also extract all or any portion of User Content created by another
user to produce additional User Content, including collaborative User Content
with other users, that combine and intersperse User Content generated by more
than one user. Users of the Services may also overlay music, graphics,
stickers, Virtual Items and other elements provided by Salam (“Salam Elements”)
onto this User Content and transmit this User Content through the Services. The
information and materials in the User Content, including User Content that
includes Salam Elements, have not been verified or approved by us.
The views expressed by other users on the Services (including through use of
the virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to
upload or transmit User Content through the Services (including via certain
third party social media platforms such as Instagram, Facebook,
YouTube, Twitter), or to make contact with other users of the Services, you
must comply with the standards set out at “Your Access to and Use of Our
Services” above. You may also choose to upload or transmit your User Content,
including User Content that includes Salam Elements, on sites or
platforms hosted by third parties. If you decide to do this, you must comply
with their content guidelines as well as with the standards set out at “Your
Access to and Use of Our Services” above. As noted above, these features may
not be available to all users of the Services, and we have no liability to you
for limiting your right to certain features of the Services.
You warrant that any such contribution does comply with
those standards, and you will be liable to us and indemnify us for any breach
of that warranty. This means you will be responsible for any loss or damage we
suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and
non-proprietary. You must not post any User Content on or through the Services
or transmit to us any User Content that you consider to be confidential or
proprietary. When you submit User Content through the Services, you agree and
represent that you own that User Content, or you have received all necessary
permissions, clearances from, or are authorised by, the owner of any
part of the content to submit it to the Services, to transmit it from the
Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording,
but not to the underlying musical works embodied in such sound recordings, then
you must not post such sound recordings to the Services unless you have all
permissions, clearances from, or are authorised by, the owner of any
part of the content to submit it to the Services.
You or the owner of your User Content still own the
copyright in User Content sent to us, but by submitting User Content via the
Services, you hereby grant us an unconditional irrevocable, non-exclusive,
royalty-free, fully transferable, perpetual worldwide licence to use,
modify, adapt, reproduce, make derivative works of, publish and/or transmit,
and/or distribute and to authorise other users of the Services and
other third-parties to view, access, use, download, modify, adapt, reproduce,
make derivative works of, publish and/or transmit your User Content in any
format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your
user name, image, voice, and likeness to identify you as the source of any of
your User Content; provided, however, that your ability to provide an image,
voice, and likeness may be subject to limitations due to age restrictions.
For the avoidance of doubt, the rights granted in the
preceding paragraphs of this Section include, but are not limited to, the right
to reproduce sound recordings (and make mechanical reproductions of the musical
works embodied in such sound recordings), and publicly perform and communicate
to the public sound recordings (and the musical works embodied therein), all on
a royalty-free basis. This means that you are granting us the right to use your
User Content without the obligation to pay royalties to any third party,
including, but not limited to, a sound recording copyright owner (e.g., a record
label), a musical work copyright owner (e.g., a music publisher), a performing
rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound
recording PRO (e.g., SoundExchange), any unions or guilds, and engineers,
producers or other royalty participants involved in the creation of User
Content.
Specific Rules for Musical Works and for Recording
Artists. If you are a
composer or author of a musical work and are affiliated with a PRO, then you
must notify your PRO of the royalty-free license you grant through these Terms
in your User Content to us. You are solely responsible for ensuring your
compliance with the relevant PRO’s reporting obligations. If you have
assigned your rights to a music publisher, then you must obtain the consent of
such music publisher to grant the royalty-free license(s) set forth in these
Terms in your User Content or have such music publisher enter into these Terms
with us. Just because you authored a musical work (e.g., wrote a song) does not
mean you have the right to grant us the licenses in these Terms. If you are a
recording artist under contract with a record label, then you are solely
responsible for ensuring that your use of the Services is in compliance with
any contractual obligations you may have to your record label, including if you
create any new recordings through the Services that may be claimed by your
label
Through-To-The-Audience Rights . All of the rights you grant in
your User Content in these Terms are provided on a through-to-the-audience
basis, meaning the owners or operators of third party services will not have
any separate liability to you or any other third party for User Content posted
or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through
the Services, you waive any rights to prior inspection or approval of any
marketing or promotional materials related to such User Content. You also waive
any and all rights of privacy, publicity, or any other rights of a similar
nature in connection with your User Content, or any portion thereof, unless
privacy setting is applied when you post such content. To the extent any moral
rights are not transferable or assignable, you hereby waive and agree never to
assert any and all moral rights, or to support, maintain or permit any action
based on any moral rights that you may have in or with respect to any User
Content you Post to or through the Services.
We also have the right to disclose your identity to any
third party who is claiming that any User Content posted or uploaded by you to
our Services constitutes a violation of their intellectual property rights, or
of their right to privacy, and such disclosure will be pursuant to a legally
binding court order.
We, or authorised third parties, reserve the
right to cut, crop, edit or refuse to publish, your content at our or their
sole discretion. We have the right to remove, disallow, block or delete any
posting you make on our Services if, in our opinion, your post does not comply
with the content standards set out at “Your Access to and Use of
Our Services”above. In addition, we have the right – but not the
obligation – in our sole discretion to remove, disallow, block or delete any
User Content (i) that we consider to violate these Terms, or (ii) in response
to complaints from other users or third parties, with or without notice and
without any liability to you. As a result, we recommend that you save copies of
any User Content that you post to the Services on your personal device(s) in
the event that you want to ensure that you have permanent access to copies of
such User Content. We do not guarantee the accuracy, integrity, appropriateness
or quality of any User Content, and under no circumstances will we be liable in
any way for any User Content.
We accept no liability in respect of any content
submitted by users and published by us or by authorised third
parties.
If you wish to complain about information and materials
uploaded by other users, please contact us in Salam APP Feedback in
Settings or email to salamtech2024@gmail.com. Before we can respond
to your request, you may be required to verify your identity or your account
details.
Salam takes reasonable measures to expeditiously
remove from our Services any infringing material that we become aware of. It
is Salam’s policy, in appropriate circumstances and at its
discretion, to disable or terminate the accounts of users of the Services who
repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and
evaluate our own product ideas and features, we pride ourselves on paying close
attention to the interests, feedback, comments, and suggestions we receive from
the user community. If you choose to contribute by sending us or our employees
any ideas for products, services, features, modifications, enhancements,
content, refinements, technologies, content offerings (such as audio, visual,
games, or other types of content), promotions, strategies, or product/feature
names, or any related documentation, artwork, computer code, diagrams, or other
materials (collectively “Feedback”), then regardless of what your accompanying
communication may say, the following terms will apply, so that future
misunderstandings can be avoided. Accordingly, by sending Feedback to us, you
agree that:
Salam has no obligation to review, consider, or
implement your Feedback, or to return to you all or part of any Feedback for
any reason;
Feedback is provided on a non-confidential basis, and we
are not under any obligation to keep any Feedback you send confidential or to
refrain from using or disclosing it in any way;
You irrevocably grant us perpetual and unlimited
permission to reproduce, distribute, create derivative works of, modify, publicly
perform (including on a through-to-the-audience basis), communicate to the
public, make available, publicly display, and otherwise use and exploit the
Feedback and derivatives thereof for any purpose and without restriction, free
of charge and without attribution of any kind, including by making, using,
selling, offering for sale, importing, and promoting commercial products and
services that incorporate or embody Feedback, whether in whole or in part, and
whether as provided or as modified.
8. Indemnity
You agree to defend, indemnify, and hold harmless Salam,
its parents, subsidiaries, and affiliates, and each of their respective
officers, directors, employees, agents and advisors from any and all claims,
liabilities, costs, and expenses, including, but not limited to, attorneys’
fees and expenses, arising out of a breach by you or any user of your account
of these Terms or arising out of a breach of your obligations, representation
and warranties under these Terms.
9. EXCLUSION OF WARRANTIES
Nothing in these terms shall affect any statutory rights
that you cannot contractually agree to alter or waive and are legally always
entitled to as a consumer.
The services are provided “as is” and we make no warranty
or representation to you with respect to them. In particular we do not
represent or warrant to you that:
No conditions, warranties or other terms (including any
implied terms as to satisfactory quality, fitness for purpose or conformance
with description) apply to the services except to the extent that they are
expressly set out in the terms. We may change, suspend, withdraw or restrict
the availability of all or any part of our platform for business and
operational reasons at any time without notice.
10. LIMITATION OF LIABILITY
Nothing in these terms shall exclude or limit our
liability for losses which may not be lawfully excluded or limited by
applicable law. This includes liability for death or personal injury caused by
our negligence or the negligence of our employees, agents or subcontractors and
for fraud or fraudulent misrepresentation.
Subject to the paragraph above, we shall not be liable to
you for:
Any loss or damage which may be incurred by you as a
result of:
not establish a link to our Services in any website that
is not owned by you. The website in which you are linking must comply in all
respects with the content standards set out at “Your Access to and Use of Our
Services” above. We reserve the right to withdraw linking permission without
notice.
No Waiver .Our failure to insist upon or enforce any
provision of these Terms shall not be construed as a waiver of any provision or
right.
Security. We do not guarantee that our Services will be secure or
free from bugs or viruses. You are responsible for configuring your information
technology, computer programmes and platform to access our Services.
You should use your own virus protection software.
Severability. If any court of law, having jurisdiction to decide on
this matter, rules that any provision of these Terms is invalid, then that
provision will be removed from the Terms without affecting the rest of the
Terms, and the remaining provisions of the Terms will continue to be valid and
enforceable.
ARBITRATION AND CLASS ACTION WAIVER. This Section includes an arbitration
agreement and an agreement that all claims will be brought only in an
individual capacity (and not as a class action or other representative proceeding).
Please read it carefully. You may opt out of the arbitration agreement by
following the opt out procedure described below.
Informal Process First. You agree that in the event of
any dispute between you and Salam, you will first contact Salam and
make a good faith sustained effort to resolve the dispute before resorting to
more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute
resolution process any remaining dispute, controversy, or claim (collectively,
“Claim”) relating in any way to your use of Salam’s services and/or
products, including the Services, or relating in any way to the communications
between you and Salam or any other user of the Services, will be
finally resolved by binding arbitration. This mandatory arbitration agreement
applies equally to you and Salam. However, this arbitration agreement does
not (a) govern any Claim by Salam for infringement of its
intellectual property or access to the Services that is unauthorized or exceeds
authorization granted in these Terms or (b) bar you from making use of
applicable small claims court procedures in appropriate cases. If you are an
individual you may opt out of this arbitration agreement within thirty (30)
days of the first of the date you access or use this Services by following the
procedure described below.
You agree that the Dubai International Arbitration Centre
governs the interpretation and enforcement of this provision, and that you
and Salam are each waiving the right to a trial by jury or to
participate in a class action. This arbitration provision will survive any
termination of these Terms.
If you wish to begin an arbitration proceeding, after
following the informal dispute resolution procedure, you must send a letter
requesting arbitration and describing your claim to:
Xfaceline Limited
Address: 6F, Manulife Place, 348 Kwun
Tong Road, Kowloon, Hong Kong
Email Address: salamtech2024@gmail.com Attention:
Arbitration
If you do not want to arbitrate disputes with Salam and
you are an individual, you may opt out of this arbitration agreement by sending
an email to salamtech2024@gmail.com within thirty (30) days of the
first of the date you access or use the Services.
Class Action Waiver. Any Claim must be brought in the
respective party’s individual capacity, and not as a plaintiff or class member
in any purported class, collective, representative, multiple plaintiff, or
similar proceeding (“Class Action”). The parties expressly waive any ability to
maintain any Class Action in any forum. If the Claim is subject to arbitration,
the arbitrator will not have authority to combine or aggregate similar claims
or conduct any Class Action nor make an award to any person or entity not a
party to the arbitration. Any claim that all or part of this Class Action
Waiver is unenforceable, unconscionable, void, or voidable may be determined
only by a court of competent jurisdiction and not by an arbitrator. The parties
understand that any right to litigate in court, to have a judge or jury decide
their case, or to be a party to a class or representative action, is waived,
and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable,
then the entirety of the Arbitration Agreement, if otherwise effective, will be
null and void. The arbitrator may award declaratory or injunctive relief only
in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party's individual claim. If for
any reason a claim proceeds in court rather than in arbitration, you and Salam each
waive any right to a jury trial.
If a counter-notice is received by Salam’s Copyright
Agent, we may send a copy of the counter-notice to the original complaining
party informing that person that we may replace the removed content or cease
disabling it. Unless the original complaining party files an action seeking a
court order against the Content Provider, member or user, the removed content
may be replaced, or access to it restored, in ten business days or more after
receipt of the counter-notice, at Salam’s sole discretion.
Please understand that filing a counter-notification may
lead to legal proceedings between you and the complaining party to determine
ownership. Be aware that there may be adverse legal consequences in your
country if you make a false or bad faith allegation by using this process.
California Consumer Rights Notice. Under California Civil Code Section
1789.3, California users of the Services receive the following specific
consumer rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.
Users of the Services who are California residents and
are under 18 years of age may request and obtain removal of User Content they
posted by emailing us at salamtech2024@gmail.com. All requests must be
labeled "California Removal Request" on the email subject line. All
requests must provide a description of the User Content you want removed and
information reasonably sufficient to permit us to locate that User Content. We
do not accept California Removal Requests via postal mail, telephone or
facsimile. We are not responsible for notices that are not labeled or sent
properly, and we may not be able to respond if you do not provide adequate information.
Exports. You agree that you will not export or re-export,
directly or indirectly the Services and/or other information or materials
provided by Salam hereunder, to any country for which the United
States or any other relevant jurisdiction requires any export license or other
governmental approval at the time of export without first obtaining such
license or approval. In particular, but without limitation, the Services may
not be exported or re-exported (a) into any U.S. embargoed countries or any country
that has been designated by the U.S. Government as a “terrorist supporting”
country, or (b) to anyone listed on any U.S. Government list of prohibited or
restricted parties, including the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce Denied Person’s List or
Entity List.
U.S. Government Restricted Rights. The Services and
related documentation are "Commercial Items", as that term is defined
at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation", as such terms are used
in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48
C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation are being
licensed to U.S. Government end users (a) only as Commercial Items and (b) with
only those rights as are granted to all other end users pursuant to the terms
and conditions herein.
App Stores
To the extent permitted by applicable law, the following
supplemental terms shall apply when accessing the Platform through specific
devices:
Notice regarding Apple.
By downloading the Platform from a device made by Apple,
Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and
agree that:
Salam expressly authorises use of the
Platform by multiple users through the Family Sharing or any similar
functionality provided by Apple.
Google Play.
By downloading the Platform from Google Play (or its
successors) operated by Google, Inc. or one of its affiliates (“Google”), you
specifically acknowledge and agree that:
Contact Us.
You can reach us at salamtech2024@gmail.com or
write to us at
Xfaceline Limited
Address: 6F, Manulife Place, 348 Kwun
Tong Road, Kowloon, Hong Kong
Terms of Service
(If you are a user having your usual residence in the EU)
Last updated: Nov 2023
1．Your
Relationship With Us
Welcome to Salam (the
“Platform”), which is provided by Xfaceline Limited Address: 6F, Manulife
Place, 348 Kwun Tong Road, Kowloon, Hong Kong, or one of our affiliates that may be
specified in the Supplemental Terms – Jurisdiction-Specific below to the extent
you access the Services from a specific jurisdiction (collectively such
entities will be referred to as “Salam”, “we” or “us”).
You are reading the Terms of Service (the “Terms”), which
govern the relationship and serve as an agreement between you and us and set
forth the terms and conditions by which you may access and use the Platform and
our related websites, services, applications, products and content
(collectively, the “Services”). Our Services are provided for private,
non-commercial use. For purposes of these Terms, “you” and “your” means you as
the user of the Services.
The Terms form a legally binding agreement between you
and us. Please take the time to read them carefully.
2．Accepting the
Terms
By accessing or using our Services, you confirm that you
can form a binding contract with Salam, that you accept these Terms that
you agree to comply with them. Your access to and use of our Services is also
subject to our and Community Guidelines, the terms of which can be found
directly on the Platform, or where the Platform is made available for download,
on your mobile device’s applicable app store, and are incorporated herein by
reference.
If you access or use the Services from within a
jurisdiction for which there are separate supplemental terms, you also hereby agree
to the supplemental terms applicable to users in each jurisdiction as outlined
below, and in the event of a conflict between the provisions of the
Supplemental Terms – Jurisdiction-Specific that are relevant to your
jurisdiction from which you access or use the Services, and the rest of these
Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific
will supersede and control. If you do not agree to these Terms, you must not
access or use our Services.
If you are accessing or using the Services on behalf of a
business or entity, then (a) “you” and “your” includes you and that business or
entity, (b) you represent and warrant that you are an authorized representative
of the business or entity with the authority to bind the entity to these Terms,
and that you agree to these Terms on the entity’s behalf, and (c) your business
or entity is legally and financially responsible for your access or use of the
Services as well as for the access or use of your account by others affiliated
with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our
Services. You understand and agree that we will treat your access or use of the
Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms
for your records.
3．Changes to the
Terms
We amend these Terms from time to time, for instance when
we update the functionality of our Services, when we combine multiple apps or
services operated by us or our affiliates into a single combined service or
app, or when there are regulatory changes. We will use commercially reasonable
efforts to provide reasonable notice to all users of any material changes to
these Terms, such as through a notice on our Platform, however, you should look
at the Terms regularly to check for such changes. We will also update the “Last
Updated” date at the top of these Terms, which reflect the effective date of
such Terms. Your continued access or use of the Services after the date of the
new Terms constitutes your acceptance of the new Terms. If you do not agree to
the new Terms, you must stop accessing or using the Services.
4．Your Account
with Us
To access or use some of our Services, you must create an
account with us. When you create this account, you must provide accurate and
up-to-date information. It is important that you maintain and promptly update
your details and any other information you provide to us, to keep such
information current and complete.
It is important that you keep your account password
confidential and that you do not disclose it to any third party. If you know or
suspect that any third party knows your password or has accessed your account,
you can reset your password by receiving password recovery SMS via your
registered phone number and promptly notify us at salamtech2024@gmail.com.
You agree that you are solely responsible (to us and to
others) for the activity that occurs under your account.
We reserve the right to disable your user account at any
time, including if in our reasonable opinion you have failed to comply with any
of the provisions of these Terms, or if activities occur on your account which,
in our sole discretion, would or might cause damage to or impair the Services
or infringe or violate any third party rights, or violate any applicable laws
or regulations.
If you no longer want to use our Services again, and
would like your account deleted, we can take care of this for you. Please
contact us via salamtech2024@gmail.com, and we will provide you with
further assistance and guide you through the process. Please be minded that
once you choose to delete your account, you will not be able to reactivate your
account or retrieve any of the content or information you have added.
5．Your use of our
services
Your access to and use of the Services is subject to
these Terms and all applicable laws and regulations. You may not:
or In addition to the above, your access to and use of
the Services must, at all times, be compliant with our Community Guidelines.
We reserve the right, at any time and without prior
notice, to remove or disable access to content at our discretion for any reason
or no reason. Some of the reasons we may remove or disable access to content
may include finding the content objectionable, in violation of these Terms or
our Community Guidelines, or otherwise harmful to the Services or our users.
6．Intellectual
Property Rights
We respect intellectual property rights and ask you to do
the same. As a condition of your access to and use of the Services, you agree
not to use the Services to infringe on any intellectual property rights, for
example, you must not upload any content owned by anyone else to the Platform.
We reserve the right, with or without notice, at any time and in our sole
discretion to block access to and/or terminate the accounts of any user who
infringes or is alleged to infringe any copyrights or other intellectual
property rights.
7．Content
Salam Content
User-Generated Content
Specific Rules for Musical Works and for
Recording Artists.If you are a composer or author of a musical work
and are affiliated with a PRO, then you must notify your PRO of the
royalty-free license you grant through these Terms in your User Content to us.
You are solely responsible for ensuring your compliance with the
relevant PRO’s reporting obligations. If you have assigned your
rights to a music publisher, then you must obtain the consent of such music publisher
to grant the royalty-free license(s) set forth in these Terms in your User
Content or have such music publisher enter into these Terms with us. Just
because you authored a musical work ( e.g. , wrote a song) does not mean you
have the right to grant us the licenses in these Terms. If you are a recording
artist under contract with a record label, then you are solely responsible for
ensuring that your use of the Services is in compliance with any contractual
obligations you may have to your record label, including if you create any new
recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights.All of the rights you grant in
your User Content in these Terms are provided on a through-to-the-audience
basis, meaning the owners or operators of third party services will not have
any separate liability to you or any other third party for User Content posted
or used on such third party service via the Services.
Waiver of Rights to User Content.By posting User Content to or through
the Services, you waive any rights to prior inspection or approval of any
marketing or promotional materials related to such User Content. You also waive
any and all rights of privacy, publicity, or any other rights of a similar
nature in connection with your User Content, or any portion thereof, unless
privacy setting is applied when you post such content. To the extent any moral
rights are not transferable or assignable, you hereby waive and agree never to
assert any and all moral rights, or to support, maintain or permit any action
based on any moral rights that you may have in or with respect to any User
Content you Post to or through the Services.
In certain circumstances, we also have the right to
disclose your identity to any third party who is claiming that any User Content
posted or uploaded by you to our Services constitutes a violation of their
intellectual property rights, or of their right to privacy, and such disclosure
will be pursuant to a legally binding court order.
We, or authorised third parties, reserve the
right to cut, crop, edit or refuse to publish, your content at our or their
sole discretion. We have the right to remove, disallow, block or delete any
posting you make on our Platform if, in our opinion, your post does not comply
with the content standards set out at Section 5 (Your Use of Our Services)
above. In addition, we have the right – but not the obligation – in our sole
discretion to remove, disallow, block or delete any User Content (i) that we
consider to violate these Terms, or (ii) in response to complaints from other
users or third parties, with or without notice and without any liability to
you. As a result, we recommend that you save copies of any User Content that
you post to the Services on your personal device(s) in the event that you want
to ensure that you have permanent access to copies of such User Content. We do
not guarantee the accuracy, integrity, appropriateness or quality of any User
Content, and under no circumstances will we be liable in any way for any User
Content.
You control whether your User Content is made publicly
available on the Services to all other users of the Services or only available
to people you approve. To change the default access setting for how your User
Content is made available to other users, you should select the privacy setting
available within the Apps.
We accept no liability in respect of any content
submitted by users and published by us or by authorised third
parties.
If you wish to complain about information and materials uploaded
by other users, please contact us in Salam APP Feedback in Settings
or email to salamtech2024@gmail.com, or write to us at
Xfaceline Limited
Address: 6F, Manulife Place, 348 Kwun
Tong Road, Kowloon, Hong Kong
Before we can respond to your request, you may be
required to verify your identity or your account details.
Salam takes reasonable measures to expeditiously
remove from our Services any infringing material that we become aware of. It
is Salam’s policy, in appropriate circumstances and at its discretion,
to disable or terminate the accounts of users of the Services who repeatedly
infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and
evaluate our own product ideas and features, we pride ourselves on paying close
attention to the interests, feedback, comments, and suggestions we receive from
the user community. If you choose to contribute by sending us or our employees
any ideas for products, services, features, modifications, enhancements,
content, refinements, technologies, content offerings (such as audio, visual,
games, or other types of content), promotions, strategies, or product/feature
names, or any related documentation, artwork, computer code, diagrams, or other
materials (collectively “ Feedback ”), then regardless of what your
accompanying communication may say, the following terms will apply, so that
future misunderstandings can be avoided. Accordingly, by sending Feedback to us
, you agree that:
8．Indemnity
You agree to defend, indemnify, and hold harmless Salam,
its parents, subsidiaries, and affiliates, and each of their respective
officers, directors, employees, agents and advisors from any and all claims,
liabilities, costs, and expenses, including, but not limited to, attorneys’
fees and expenses, arising out of a breach by you or any user of your account
of these Terms or arising out of a breach of your obligations, representation
and warranties under these Terms.
9．EXCLUSION OF
WARRANTIES
Nothing in these terms shall affect any statutory rights
that you cannot contractually agree to alter or waive and are legally always
entitled to as a consumer.
The services are provided “as is” and we make no warranty
or representation to you with respect to them. In particular we do not
represent or warrant to you that:
No conditions, warranties or other terms (including any
implied terms as to satisfactory quality, fitness for purpose or conformance
with description) apply to the services except to the extent that they are
expressly set out in the terms. We may change, suspend, withdraw or restrict
the availability of all or any part of our platform for business and
operational reasons at any time without notice.
10．LIMITATION OF
LIABILITY
Nothing in these terms shall exclude or limit our
liability for losses which may not be lawfully excluded or limited by
applicable law. This includes liability for death or personal injury caused by
our negligence or the negligence of our employees, agents or subcontractors and
for fraud or fraudulent misrepresentation.
Subject to the paragraph above, we shall not be liable to
you for:(i) any loss of profit (whether incurred directly or indirectly); (ii)
any loss of goodwill; (iii) any loss of opportunity; (iv) any loss of data
suffered by you; or (v) any indirect or consequential losses which may be
incurred by you. Any other loss will be limited to the amount paid by you
to Salam within the last 12 months.any loss or damage which may be
incurred by you as a result of: any changes which we may make to the services,
or for any permanent or temporary cessation in the provision of the services
(or any features within the services);the deletion of, corruption of, or
failure to store, any content and other communications data maintained or
transmitted by or through your use of the services;your failure to provide us
with accurate account information; oryour failure to keep your password or
account details secure and confidential.
Please note that we only provide our platform for
domestic and private use. You agree not to use our platform for any commercial
or business purposes, and we have no liability to you for any loss of profit,
loss of business, loss of goodwill or business reputation, business
interruption, or loss of business opportunity.
If defective digital content that we have supplied
damages a device or digital content belonging to you and this is caused by our
failure to use reasonable care and skill, we will either repair the damage or pay
you compensation. However, we will not be liable for damage that you could have
avoided by following our advice to apply an update offered to you free of
charge or for damage that was caused by you failing to correctly follow
installation instructions or to have in place the minimum system requirements
advised by us.
These limitations on our liability to you shall apply
whether or not we have been advised of or should have been aware of the
possibility of any such losses arising.
You are responsible for any mobile charges that may apply
to your use of our service, including text-messaging and data charges. If
you’re unsure what those charges may be, you should ask your service provider
before using the service.
To the fullest extent permitted by law, any dispute you
have with any third party arising out of your use of the services, including,
by way of example and not limitation, any carrier, copyright owner or other
user, is directly between you and such third party, and you irrevocably release
us and our affiliates from any and all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or
in any way connected with such disputes.
11．Other Terms
Applicable Law and Jurisdiction for users in the European
Union. These Terms,
their subject matter and their formation, are governed by the laws of Hong
Kong subject only to any mandatory provisions of consumer law in the
country in which you reside. The United Nations Convention on Contracts for the
International Sale of Goods as well as any other similar law, regulation or
statute in effect in any other jurisdiction shall not apply. You and Salam irrevocably
agree that the courts of the country in which you reside shall have
non-exclusive jurisdiction to settle any dispute or claim (including
non-contractual disputes or claims) arising out of or in connection with this
Agreement or its subject matter or formation. Alternatively, you may raise the
dispute with an alternative dispute resolution body via the
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following
supplemental terms shall apply:
Notice regarding Apple. By accessing the Platform through a
device made by Apple, Inc. (“Apple”), you specifically acknowledge
and agree that:
Google Play.By downloading the Platform from
Google Play (or its successors) operated by Google, Inc. or one of its affiliates
(“Google”), you specifically acknowledge and agree that:
Terms of Service
(If your residence is in another
country, and not the US or EU)
Last updated: Nov 2023
1.Your Relationship With Us
Welcome to Salam (the
“Platform”), which is provided by Xfaceline Limited.or one of its
affiliates (“Salam”, “we” or “us”).
You are reading the Terms of Service (the “Terms”), which
govern the relationship and serve as an agreement between you and us and set
forth the terms and conditions by which you may access and use the Platform and
our related websites, services, applications, products and content (collectively,
the “Services”). Our Services are provided for private, non-commercial use. For
purposes of these Terms, “you” and “your” means you as the user of the
Services.
The Terms form a legally binding agreement between you
and us. Please take the time to read them carefully.
2．Accepting the
Terms
By accessing or using our Services, you confirm that you
can form a binding contract with Salam, that you accept these Terms and
that you agree to comply with them. Your access to and use of our Services is
also subject to our and Community Guidelines, the terms of which can be found
directly on the Platform, or where the Platform is made available for download,
on your mobile device’s applicable app store, and are incorporated herein by
reference. By using the Services, you consent to the terms of the Terms of
Service.
If you access or use the Services from within a
jurisdiction for which there are separate supplemental terms, you also hereby
agree to the supplemental terms applicable to users in each jurisdiction as
outlined below, and in the event of a conflict between the provisions of the
that are relevant to your jurisdiction from which you access or use the
Services, and the rest of these Terms, the relevant jurisdictions’ will
supersede and control. If you do not agree to these Terms, you must not access
or use our Services.
If you are accessing or using the Services on behalf of a
business or entity, then (a) “you” and “your” includes you and that business or
entity, (b) you represent and warrant that you are an authorized representative
of the business or entity with the authority to bind the entity to these Terms,
and that you agree to these Terms on the entity’s behalf, and (c) your business
or entity is legally and financially responsible for your access or use of the
Services as well as for the access or use of your account by others affiliated
with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our
Services. You understand and agree that we will treat your access or use of the
Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms
for your records.
3．Changes to the
Terms
We amend these Terms from time to time, for instance when
we update the functionality of our Services, when we combine multiple apps or
services operated by us or our affiliates into a single combined service or
app, or when there are regulatory changes. We will use commercially reasonable
efforts to generally notify all users of any material changes to these Terms,
such as through a notice on our Platform, however, you should look at the Terms
regularly to check for such changes. We will also update the “Last Updated”
date at the top of these Terms, which reflect the effective date of such Terms.
Your continued access or use of the Services after the date of the new Terms
constitutes your acceptance of the new Terms. If you do not agree to the new
Terms, you must stop accessing or using the Services.
4．Your Account
with Us
To access or use some of our Services, you must create an
account with us. When you create this account, you must provide accurate and
up-to-date information. It is important that you maintain and promptly update
your details and any other information you provide to us, to keep such
information current and complete.
It is important that you keep your account password
confidential and that you do not disclose it to any third party. If you know or
suspect that any third party knows your password or has accessed your account,
you can reset your password by receiving password recovery SMS via your
registered phone number and promptly notify us at salamtech2024@gmail.com.
You agree that you are solely responsible (to us and to
others) for the activity that occurs under your account.
We reserve the right to disable your user account at any
time, including if you have failed to comply with any of the provisions of
these Terms, or if activities occur on your account which, in our sole
discretion, would or might cause damage to or impair the Services or infringe
or violate any third party rights, or violate any applicable laws or
regulations.
If you no longer want to use our Services again, and
would like your account deleted, we can take care of this for you. Please
contact us via salamtech2024@gmail.com, and we will provide you with
further assistance and guide you through the process. Once you choose to delete
your account, you will not be able to reactivate your account or retrieve any
of the content or information you have added.
5．Your Access to
and Use of Our Services
Your access to and use of the Services is subject to
these Terms and all applicable laws and regulations. You may not:
In addition to the above, your access to and use of the
Services must, at all times, be compliant with our Community Guidelines.
We reserve the right, at any time and without prior
notice, to remove or disable access to content at our discretion for any reason
or no reason. Some of the reasons we may remove or disable access to content
may include finding the content objectionable, in violation of these Terms or
our Community Guidelines, or otherwise harmful to the Services or our users, or
other contents that violate local laws. Salam just provides the chat
platform and cannot be expected to monitor all the content all the time but
will endeavor to take down offensive content when notified. Our automated
systems analyze your content (including emails) to provide you personally
relevant product features, such as customized search results, tailored
advertising, and spam and malware detection. This analysis occurs as the
content is sent, received, and when it is stored.
6．Intellectual
Property Rights
We respect intellectual property rights and ask you to do
the same. As a condition of your access to and use of the Services, you agree
not to use the Services to infringe on any intellectual property rights. We
reserve the right, with or without notice, at any time and in our sole
discretion to block access to and/or terminate the accounts of any user who
infringes or is alleged to infringe any copyrights or other intellectual
property rights.
7．Content
Salam Content
As between you and Salam, all content, software,
images, text, graphics, illustrations, logos, patents, trademarks, service
marks, copyrights, photographs, audio, music on and “look and feel” of the
Services, and all intellectual property rights related thereto (the “Salam Content”),
are either owned or licensed by Salam, it being understood that you or
your licensors will own any User Content you upload or transmit through the
Services. Use of the Salam Content or materials on the Services for
any purpose not expressly permitted by these Terms is strictly prohibited. Such
content may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed or otherwise exploited for any purpose
whatsoever without our or, where applicable, our licensors’ prior written
consent. We and our licensors reserve all rights not expressly granted in and
to their content.
You acknowledge and agree that we may generate revenues,
increase goodwill or otherwise increase our value from your use of the
Services, including, by way of example and not limitation, through the sale of
Virtual Items and value-added services, and except as specifically permitted by
us in these Terms or in another agreement you enter into with us, you will have
no right to share in any such revenue, goodwill or value whatsoever. You
further acknowledge that, except as specifically permitted by us in these Terms
or in another agreement you enter into with us, you (i) have no right to
receive any income or other consideration from any User Content or your use of
any musical works, sound recordings or audiovisual clips made available to you
on or through the Services, including in any User Content created by you, and
(ii) are prohibited from exercising any rights to monetize or obtain
consideration from any User Content within the Services or on any third party
service (e.g. , you cannot claim User Content that has been uploaded to a
social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are
hereby granted a non-exclusive, limited, non-transferable, non-sublicensable,
revocable, worldwide license to access and use the Services, including to
download the Platform on a permitted device, and to access the Salam Content
solely for your personal, non-commercial use through your use of the Services
and solely in compliance with these Terms. Salam reserves all rights
not expressly granted herein in the Services and the Salam Content.
You acknowledge and agree that Salam may terminate this license at
any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS
AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH
THE SERVICE.
You acknowledge and agree that when you view content
provided by others on the Services, you are doing so at your own risk. The content
on our Services is provided for general information only. It is not intended to
amount to advice on which you should rely. You must obtain professional or
specialist advice before taking, or refraining from, any action on the basis of
the content on our Services.
We make no representations, warranties or guarantees,
whether express or implied, that any Salam Content (including User
Content) is accurate, complete or up to date. Where our Services contain links
to other sites and resources provided by third parties, these links are
provided for your information only. We have no control over the contents of
those sites or resources. Such links should not be interpreted as approval by
us of those linked websites or information you may obtain from them. You
acknowledge that we have no obligation to pre-screen, monitor, review, or edit
any content posted by you and other users on the Services (including User
Content).
B.User-Generated Content
Users of the Services may be permitted to upload, post or
transmit (such as via a stream) or otherwise make available content through the
Services including, without limitation, any text, photographs, user videos,
sound recordings and the musical works embodied therein, including videos that
incorporate locally stored sound recordings from your personal music library
and ambient noise (“User Content”). Users of the Services may also extract all
or any portion of User Content created by another user to produce additional
User Content, including collaborative User Content with other users, that
combine and intersperse User Content generated by more than one user. Users of
the Services may also overlay music, graphics, stickers, Virtual Items and
other elements provided by Salam (“Salam Elements”) onto this
User Content and transmit this User Content through the Services. The
information and materials in the User Content, including User Content that
includes Salam Elements, have not been verified or approved by us.
The views expressed by other users on the Services (including through use of
the virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to
upload or transmit User Content through the Services (including via certain
third party social media platforms such as Instagram, Facebook,
YouTube, Twitter), or to make contact with other users of the Services, you
must comply with the standards set out at “Your Access to and Use of Our
Services” above. You may also choose to upload or transmit your User Content,
including User Content that includes Salam Elements, on sites or
platforms hosted by third parties. If you decide to do this, you must comply
with their content guidelines as well as with the standards set out at “Your
Access to and Use of Our Services” above.
You warrant that any such contribution does comply with
those standards, and you will be liable to us and indemnify us for any breach
of that warranty. This means you will be responsible for any loss or damage we
suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and
non-proprietary. You must not post any User Content on or through the Services
or transmit to us any User Content that you consider to be confidential or
proprietary. When you submit User Content through the Services, you agree and
represent that you own that User Content, or you have received all necessary
permissions, clearances from, or are authorised by, the owner of any
part of the content to submit it to the Services, to transmit it from the Services
to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording,
but not to the underlying musical works embodied in such sound recordings, then
you must not post such sound recordings to the Services unless you have all
permissions, clearances from, or are authorised by, the owner of any
part of the content to submit it to the Services
You or the owner of your User Content still own the
copyright in User Content sent to us, but by submitting User Content via the
Services, you hereby grant us an unconditional irrevocable, non-exclusive,
royalty-free, fully transferable, perpetual worldwide licence to use,
modify, adapt, reproduce, make derivative works of, publish and/or transmit,
and/or distribute and to authorise other users of the Services and
other third-parties to view, access, use, download, modify, adapt, reproduce,
make derivative works of, publish and/or transmit your User Content in any
format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your
user name, image, voice, and likeness to identify you as the source of any of
your User Content.
For the avoidance of doubt, the rights granted in the
preceding paragraphs of this Section include, but are not limited to, the right
to reproduce sound recordings (and make mechanical reproductions of the musical
works embodied in such sound recordings), and publicly perform and communicate
to the public sound recordings (and the musical works embodied therein), all on
a royalty-free basis. This means that you are granting us the right to use your
User Content without the obligation to pay royalties to any third party,
including, but not limited to, a sound recording copyright owner (e.g., a
record label), a musical work copyright owner (e.g., a music publisher), a
performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a
sound recording PRO (e.g., SoundExchange), any unions or guilds, and
engineers, producers or other royalty participants involved in the creation of
User Content.
Specific Rules for Musical Works and for Recording
Artists. If you are a
composer or author of a musical work and are affiliated with a PRO, then you
must notify your PRO of the royalty-free license you grant through these Terms
in your User Content to us. You are solely responsible for ensuring your
compliance with the relevant PRO’s reporting obligations. If you have
assigned your rights to a music publisher, then you must obtain the consent of
such music publisher to grant the royalty-free license(s) set forth in these
Terms in your User Content or have such music publisher enter into these Terms
with us. Just because you authored a musical work (e.g., wrote a song) does not
mean you have the right to grant us the licenses in these Terms. If you are a
recording artist under contract with a record label, then you are solely
responsible for ensuring that your use of the Services is in compliance with
any contractual obligations you may have to your record label, including if you
create any new recordings through the Services that may be claimed by your
label.
Through-To-The-Audience Rights. All of the rights you grant in your
User Content in these Terms are provided on a through-to-the-audience basis,
meaning the owners or operators of third party services will not have any
separate liability to you or any other third party for User Content posted or
used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through
the Services, you waive any rights to prior inspection or approval of any
marketing or promotional materials related to such User Content. You also waive
any and all rights of privacy, publicity, or any other rights of a similar
nature in connection with your User Content, or any portion thereof, unless
privacy setting is applied when you post such content. To the extent any moral
rights are not transferable or assignable, you hereby waive and agree never to
assert any and all moral rights, or to support, maintain or permit any action
based on any moral rights that you may have in or with respect to any User
Content you Post to or through the Services.
We also have the right to disclose your identity to any
third party who is claiming that any User Content posted or uploaded by you to
our Services constitutes a violation of their intellectual property rights, or
of their right to privacy, and such disclosure will be pursuant to a legally
binding court order.
We, or authorised third parties, reserve the
right to cut, crop, edit or refuse to publish, your content at our or their
sole discretion. We have the right to remove, disallow, block or delete any
posting you make on our Services if, in our opinion, your post does not comply with
the content standards set out at “Your Access to and Use of
Our Services”above. In addition, we have the right – but not the
obligation – in our sole discretion to remove, disallow, block or delete any
User Content (i) that we consider to violate these Terms, or (ii) in response
to complaints from other users or third parties, with or without notice and
without any liability to you. As a result, we recommend that you save copies of
any User Content that you post to the Services on your personal device(s) in
the event that you want to ensure that you have permanent access to copies of
such User Content. We do not guarantee the accuracy, integrity, appropriateness
or quality of any User Content, and under no circumstances will we be liable in
any way for any User Content.
You control whether your User Content is made publicly
available on the Services to all other users of the Services or only available
to people you approve. To restrict access to your User Content, you should
select the privacy setting available within the Platform.
We accept no liability in respect of any content
submitted by users and published by us or by authorised third
parties.
If you wish to complain about information and materials
uploaded by other users, please contact us in Salam APP Feedback in
Settings or email to salamtech2024@gmail.com. Before we can respond to
your request, you may be required to verify your identity or your account
details.
Salam takes reasonable measures to expeditiously
remove from our Services any infringing material that we become aware of. It
is Salam’s policy, in appropriate circumstances and at its
discretion, to disable or terminate the accounts of users of the Services who
repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and
evaluate our own product ideas and features, we pride ourselves on paying close
attention to the interests, feedback, comments, and suggestions we receive from
the user community. If you choose to contribute by sending us or our employees
any ideas for products, services, features, modifications, enhancements,
content, refinements, technologies, content offerings (such as audio, visual,
games, or other types of content), promotions, strategies, or product/feature
names, or any related documentation, artwork, computer code, diagrams, or other
materials (collectively “Feedback”), then regardless of what your accompanying
communication may say, the following terms will apply, so that future
misunderstandings can be avoided. Accordingly, by sending Feedback to us , you
agree that:
i. Salam has no obligation to review, consider,
or implement your Feedback, or to return to you all or part of any Feedback for
any reason;
ii. Feedback is provided on a non-confidential basis, and
we are not under any obligation to keep any Feedback you send confidential or
to refrain from using or disclosing it in any way;
iii.And You irrevocably grant us perpetual and
unlimited permission to reproduce, distribute, create derivative works of,
modify, publicly perform (including on a through-to-the-audience basis),
communicate to the public, make available, publicly display, and otherwise use
and exploit the Feedback and derivatives thereof for any purpose and without
restriction, free of charge and without attribution of any kind, including by
making, using, selling, offering for sale, importing, and promoting commercial
products and services that incorporate or embody Feedback, whether in whole or
in part, and whether as provided or as modified.
8．Indemnity
You agree to defend, indemnify, and hold harmless Salam,
its parents, subsidiaries, and affiliates, and each of their respective
officers, directors, employees, agents and advisors from any and all claims,
liabilities, costs, and expenses, including, but not limited to, attorneys’
fees and expenses, arising out of a breach by you or any user of your account
of these Terms or arising out of a breach of your obligations, representation
and warranties under these Terms.
9．EXCLUSION OF
WARRANTIES
Nothing in these terms shall affect any statutory rights
that you cannot contractually agree to alter or waive and are legally always
entitled to as a consumer.the services are provided “as is” and we make no
warranty or representation to you with respect to them. In particular we do not
represent or warrant to you that:
No conditions, warranties or other terms (including any
implied terms as to satisfactory quality, fitness for purpose or conformance
with description) apply to the services except to the extent that they are
expressly set out in the terms. We may change, suspend, withdraw or restrict
the availability of all or any part of our platform for business and
operational reasons at any time without notice
10．LIMITATION OF
LIABILITY
Nothing in these terms shall exclude or limit our
liability for losses which may not be lawfully excluded or limited by
applicable law. This includes liability for death or personal injury caused by
our negligence or the negligence of our employees, agents or subcontractors and
for fraud or fraudulent misrepresentation.
Subject to the paragraph above, we shall not be liable to
you for:
(i) any loss of profit (whether incurred directly or
indirectly); (ii) any loss of goodwill; (iii) any loss of opportunity; (iv) any
loss of data suffered by you; or (v) any indirect or consequential losses which
may be incurred by you. Any other loss will be limited to the amount paid by
you to Salam within the last 12 months.
Any loss or damage which may be incurred by you as a
result of
Please note that we only provide our platform for
domestic and private use. You agree not to use our platform for any commercial
or business purposes, and we have no liability to you for any loss of profit,
loss of business, loss of goodwill or business reputation, business
interruption, or loss of business opportunity.
If defective digital content that we have supplied
damages a device or digital content belonging to you and this is caused by our
failure to use reasonable care and skill, we will either repair the damage or
pay you compensation. However, we will not be liable for damage that you could
have avoided by following our advice to apply an update offered to you free of
charge or for damage that was caused by you failing to correctly follow
installation instructions or to have in place the minimum system requirements
advised by us.
These limitations on our liability to you shall apply
whether or not we have been advised of or should have been aware of the
possibility of any such losses arising.
You are responsible for any mobile charges that may apply
to your use of our service, including text-messaging and data charges. If
you’re unsure what those charges may be, you should ask your service provider
before using the service.
To the fullest extent permitted by law, any dispute you
have with any third party arising out of your use of the services, including,
by way of example and not limitation, any carrier, copyright owner or other
user, is directly between you and such third party, and you irrevocably release
us and our affiliates from any and all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or
in any way connected with such disputes.
11．Other Terms
a. Applicable Law and Jurisdiction. Subject to the Supplemental Terms –
Jurisdiction Specific, these Terms, their subject matter and their formation,
are governed by the laws of Hong Kong. Any dispute arising out of or in
connection with these Terms, including any question regarding existence,
validity or termination of these Terms, shall be referred to and finally
resolved by arbitration administered by the Hong Kong International Arbitration
Centre in accordance with the Arbitration Rules of the Hong Kong International
Arbitration Centre("DIAC Rules") for the time being in force, which
rules are deemed to be incorporated by reference in this clause. The seat of
the arbitration shall be Hong Kong. The Tribunal shall consist of three (3)
arbitrators. The language of the arbitration shall be English.
b. Links. You may link to our home page, provided you do so in a
way that is fair and legal and does not damage our reputation or take advantage
of it. You must not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part where none exists. You must
not establish a link to our Services in any website that is not owned by you.
The website in which you are linking must comply in all respects with the
content standards set out at “Your Access to and Use of Our Services” above. We
reserve the right to withdraw linking permission without notice.
c. Age Limit.The Services are only for people
13 years old and over (with additional limits that may be set forth in the ).
By using the Services, you confirm that you are over the relevant age specified
herein. If we learn that someone under the relevant age specified above is
using the Services, we will terminate that user’s account.
d. No Waiver. Our failure to insist upon or enforce any provision of
these Terms shall not be construed as a waiver of any provision or right.
e. Security.We do not guarantee that our
Services will be secure or free from bugs or viruses. You are responsible for
configuring your information technology, computer programmes and
platform to access our Services. You should use your own virus protection
software.
f. Severability. If any court of law, having
jurisdiction to decide on this matter, rules that any provision of these Terms
is invalid, then that provision will be removed from the Terms without
affecting the rest of the Terms, and the remaining provisions of the Terms will
continue to be valid and enforceable.
g. Any Questions?Get in touch at salamtech2024@gmail.com.
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following
supplemental terms shall apply when accessing the Platform through specific
devices:
Notice regarding Apple.
Google Play. By downloading the Platform from Google Play (or its
successors) operated by Google, Inc. or one of its affiliates (“Google”), you
specifically acknowledge and agree that: