Term of Use
Release Date: 1st September 2022 Version: 0.2
Welcome to our Services
African Music Library is a product of Josplay. These are Josplay’s terms of use for our Services.
1.0 This document tells you:
- The rules for using our Services.
- What you can do with our content (for example, whether you can share it or share links to it).
- What we do with your creations or content you send to us.
- Your rights and responsibilities.
We have kept the above as short as possible, and we will make videos for the complicated bits where applicable. We encourage you to read this Term of Use and check-in for updates as the latest version of this document will always apply. We will normally release new updates when we release a new Service, change how we provide a Service, or must comply with a new legal requirement.
2.0 When these terms apply
Please read these terms, before using our Services. Whenever you use our services, you agree to these terms. If you do not abide by these terms, we may suspend or terminate your use of our Services and this will include any account you have created to use such Services.
3.0 Our Services and Content
This includes anything digital service offered by Josplay such as Josplay Enterprise or AML through our websites, platforms, or mobile applications, ‘contact us’, our social media platforms, or user-generated content.
Our Services are available for use by businesses and individuals.
Where we have a planned shutdown due to systems maintenance, we will notify you in advance. In most cases, we will compensate you as we deem fit on a case-by-case basis and at our sole discretion.
3.1 Service Options, Trial Periods, Billing, Renewal, and Cancelation
Our Services have varying options for subscription and delivery.
We offer monthly, quarterly and annual subscriptions (“our Services Options”). All our paid Services are prepaid. To ensure you do not have interruptions to the use of our Services, we allow you to choose an automatic renewal method for any of our Service Options.
We offer trial periods of at least one month to try out most of our Services. To enjoy our offer of trial periods, however, we will require that you pay for a month's subscription at least. Not to worry, our services are exceptional, and you are unlikely to regret subscribing. Where you choose the automatic renewal option, you may cancel your automatic subscription at any time before the end of your current subscription in which case, your chosen Service Option subscription will end on the expiry date of your current subscription. Where your renewal method is not automatic, your subscription will automatically terminate at the end of the Service Option you have subscribed for. Please note that where you choose to cancel a subscription, you will not be entitled to a refund for any reason whatsoever.
4.0 When other terms apply
Other terms will apply when you use other third-party services even when those services aid the delivery of our Services.
Other terms will also apply when you enter any promotion offered by us, or contract with us in respect of any of our Services.
5.0 Terms for using our Services and Content
To use our Services, we will require you to provide your information or your business information to register for the use of our Services. Where you provide us with information about a business or register to use our Services on behalf of a business(es), you represent and warrant to us that you have the authority of such business(es) to provide their information to us and register/use our Services on their behalf. We rely on this representation and as such, you agree to hold us harmless and indemnify us against any and all claims, damages, and liabilities (including but not limited to attorney’s or legal fees and similar costs) arising from any unauthorized disclosure of such information or unauthorized use of our Services on behalf of such business(es) or your obligations as the representative of such business(es) under this Term of Use.
Please do not assign or share or transfer your account on our Services to any third party whether they are persons or corporate bodies. Your account is personal to you for the purpose for which you have created it, whether corporate or individual.
In providing our Services, we will provide Content that you cannot share or download as well as Content you can share.
5.1.1 What you should not do
DO NOT muddle with our Services
Please do not hack our Services or platforms, or try to get around our content security technology, for example, software that prevents you from copying, monetizing promotion spot(s) offered to you on our Services, downloading our content, or accessing content from outside your jurisdiction that you are not allowed to, or help others do the same. Please know that we want you to enjoy all our services wherever you are, but if you cannot access certain services on our Services within your jurisdiction, please know that it is because we do not have the license to allow you to do so.
DO NOT harm or offend
When you use our Services or Content, please do not:
damage our reputation by associating us with anything likely to damage our reputation (such as sexism or racism, for instance).
- Do not associate us with situations that are likely to make the public sue us (for example, damaging the reputation of someone).
- Do not harass or upset people on our behalf.
- Do not post or upload anything offensive or obscene on any of our Services or platforms.
- If you disagree with someone, attack the argument, not the person.
DO NOT pretend to be Josplay or an affiliate of Josplay
Please do not:
- Recreate a Service or copy the look of a Service provided by Josplay.
- Use Josplay’s brands, trademarks, logos, or other intellectual properties without our written permission.
- Use or mention our Content in press releases and other marketing bumph without our written permission.
- Make money from our content or services without our written permission.
- Share our Content where they are not shareable.
5.1.2 When you need permission and how to obtain Josplay’s permission
To use our Content, photos, logos, branding, and all other things protected by copyright, you will need to obtain our permission. Please note that our Content is often licensed from third parties and might feature music, images, or videos that belong to artists, or musicians. Our licenses always have limitations we must comply with.
To obtain our permission please contact us using:
Addressee: Legal and Business Affairs, Josplay Limited 8, Zeph Chinedu Street, Sunshine Homes Lokogoma District Abuja Federal Capital Territory, Nigeria. E-mail: info@josplay.com
5.2 Content that you can share
For content that can be shared, you will see a “Share”, “Embed” or “Social media button” (such as Facebook or Twitter) next to such Content. We will not always own the copyright for content that can be shared. We sometimes have to get a license or permission from the owners of such Content. Where you intend to use such Content for any business use, you must request permission and you may have to pay a fee.
5.2.1 What you can do with shareable Content
You may share, post comments, and view as much as they do not harm and offend (please see 5.2.2 below).
5.2.2 What you must not do with shareable content
DO NOT harm or offend
We request that you please not use our shareable Content to harm or offend or mash them up with other content that is offensive or harmful. Things that may be considered harmful or offensive include:
- Insulting, misleading, discriminating, or damaging people’s reputations (defamation).
- Promoting pornography, tobacco, or weapons.
- Putting children at risk.
- Anything illegal such as using hate speech, inciting terrorism and violence, or breaking privacy laws.
- Anything that would harm Josplay’s reputation.
DO NOT collect money from the public in our name.
Where you use our shareable content, please do not charge others. Where you use them on platforms that charge for content, you must please ensure that they must be free-to-view.
How you parade yourself when using our shareable content
You must not remove or alter our copyright notice or imply that someone else made any of our shareable Content.
You must not use our Content in a manner that portrays that you are affiliated with us, or that we are endorsing you. For example, you must not make a service of your own that contains only our shareable content or a significant amount of our shareable content in comparison to the amount of other content on such service.
You must also not exaggerate your relationship with Josplay. You must not say things or portray the use of our shareable content in a manner that suggests that you have exclusive access to our Content or that we endorse, promote, supply, or approve of you.
Do NOT use our shareable Content for promotion or advertisement
Please do not:
Put any other content between the link to any of our shareable Content and the shareable content itself. Put advertisements next to or over our shareable Content. Add extra content that means you will earn money from them.
5.2.3 What you “have to say” when using our shareable content
When using our shareable content, you must:
Use the latest version and, where we put in place any tagging or tracking, please do not remove them. Make sure it is displayed accurately. Most of our shareable content will come with credits included. If not, please ensure you add credit in a prominent place nearby to show where you got the shareable content from. You may please add the following:
©copyright: Josplay, 2022 all rights reserved.
6. Your Creations/content
This is where you create your own content and send it to us for use on one or more of our Services.
You own the copyright in your creation or content when your creation is completely new and original. This will normally mean such creation does not feature content belonging to a third party, such as music. Where this is the case, you may do with such creations as you please including, submitting or uploading such creations for use on our Services. Conversely, where your creation contains third-party content like, sounds, or music composition, the copyright for that content may belong to such third parties and this will normally mean you have to obtain the permission of such third parties to do anything with your creation including submitting or uploading it for use on any of our Services
We may modify, or edit any creation you submit or upload on any of our Services to the extent needed to make such creation align with the technicalities of our Services. Where we accept your creation for use on our Services, payment will be by revenue share in the ratio stipulated in your license agreement with us. Payment is limited to revenue generated through Josplay. Please ensure you request and sign our license agreement once we accept your creation for use on our Services. Other terms may also apply in respect of third-party services or tools used to provide us with your creation. Please endeavor to read third-party terms (which you can search for online) as they tell you what the provider can do with your creation when you use their tool.
As it relates to your personal data, we will not share the personal information you provide to us without letting you know first. We may also contact you to check if you have permission to use any music, images, clips, or text in your creation or just for administrative purposes. Please read more on how we use your personal data in our Privacy Policy.
We hope to use your creation, however, we cannot guarantee that we will use it. Our team must confirm the suitability of your creation before we use such creation on our Services. Your creation must meet our standards before we can upload them to our Services. We will normally show your name alongside your creation. However, we will try to remove it where you request us to do so.
6.1 Creation you should not send us
Please do not send us creations that:
- Was made by someone else, or that copies someone else's creation.
- Is illegal or damaging to someone else’s reputation (defamatory).
- Is inappropriate or offensive.
- Contains spam.
- Infringes anyone’s rights (that includes privacy rights).
- You have made as part of your job or for your business.
- Promotes a business.
- Identifies someone (unless you have their consent or, if they’re under 16, the consent of their parent or guardian).
- Is in contempt of court
- Contains links to content that cannot be seen easily, may be unsafe (viruses, worms, spyware, and Trojans), or automatically launches lots of windows.
- Does not comply with these terms.
6.2 What we do with your creations
Where your creations meet the applicable standards of our Services, we will upload them on our Services and share revenue accrued from Josplay with you in the ratio stipulated in your license agreement with us.
7. External links
We sometimes link to non-Josplay sites and we sometimes put our Services on them. Here are a few things to note:
We do not endorse the sites we link to. We are not responsible for their content or liable for anything that happens to you if you use them. If you or anyone else shares something containing a link, we are not responsible for anything on the site it links to. External sites usually have their own terms of use.
8. Legal
If you use any of our Services on behalf of a business, that business agrees to these terms. Your business therefore must comply with and is bound by these terms in such circumstances.
Please read these terms before using our Services. When you use our Services and Content, you are agreeing to:
These terms of use.
Any other terms we have communicated to you.
This is a contract between you and us. It comes into force on the first day you use or Subscribe to our Services and terminates on the date you delete your account on our Services or where you have not visited our Services for 6 (six) consecutive months (whichever is later). No one else has any right to terminate or enforce its terms. We do hope you love our Services, however, if for any reason you are not happy with our Services, your remedy will be to unsubscribe.
Nigerian Laws govern these terms, and only Nigerian courts can make judgments about them.
Our Services and Content are made available to you by Josplay Limited of 8, Zeph Chinedu Street, Sunshine Homes Lokogoma District Abuja Federal Capital Territory, Nigeria.
© Josplay Limited, 2024