terms and conditions

VENDOR TERMS OF SERVICE

These Terms were last updated on April 15, 2024

Welcome to IslamicAudioBooks.com! Throughout the site, the terms “IAB,” “we,” “us” and “our” refers to IslamicAudioBooks.com. We offer this Platform (as defined herein), including all information, tools and services available from this site to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting our Platform, using the site, services, and tools therein, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms” and/or Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, purchasers, customers, and any other visitor to, or user of, the Services (“Users”).

Please read these Terms carefully before accessing or using our Platform. By agreeing to these Terms and/or accessing or using the Platform, you hereby represent, warrant, and affirm that you are at least eighteen (18) years of age. If you do not agree to all the terms and conditions of these Terms, then you may not access the site or use any of the Services.

We strive to improve the Platform for you, so our Terms may change from time to time. We’ll make sure to change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. In the event of a material change, we shall notify you via message or by means of a prominent notice on the Platform. Your continued use of the Services or access to the Platform following the posting of any changes constitutes acceptance of those changes. If you are not comfortable with the provisions of these Terms or with any changes that we make to these Terms, please do not use the Platform.

Our Services

“Services” means all parts of the Platform, and any other services that you request and/or IAB delivers. IAB has developed and designed a platform specializing in Islamic titles (the “Platform”) connecting potential purchasers (“Purchasers”) with authors/copyright holders/vendors looking to sell their works as audiobooks (“Vendors”). IAB also offers services in which IAB will handle all aspects related to converting a written title into an audiobook.
1. IAB may use or incorporate third party companies to provide some or all parts of the Platform, software, applications, products or services hereunder (collectively, “Third Party Service Providers”) as part of the Services provided hereunder.
2. The Platform may also include payment processing, marketing, sales, and any other services as may be provided or requested.

The responsibility for promotion lies solely with the Vendor, although from time to time IAB may promote an audiobook in its sole discretion.
License

IAB grants and you accept a non-exclusive, non-transferable, limited license to access and use the functionality of the Platform, subject to your payment of all applicable fees and full compliance with the Terms set forth herein, as well as IAB’s rules, regulations, policies and procedures for access to and use of the Platform, including but not limited to IAB’s privacy policy, as may be modified from time to time and as posted electronically on the Platform (“Policies and Procedures”).
You acknowledge and agree that the Services are provided solely for your personal use, or if you represent a business, the internal use of your organization in its ordinary course of business. You may not use the Services for any other purposes, such as use them to provide services to other organizations, or integrate with other third-party solutions or services, or any other such circumstances without prior written authorization from IAB. You agree to not: (a) grant access to any third party for any purpose whatsoever without the prior written consent of IAB; (b) make the Services, in whole or in part, available to any other person, entity or business; (c) sell, sublicense, lease, permit, transfer, copy, reverse engineer, decompile or disassemble the Services, in whole or in part, or otherwise attempt to discover the source code to the software used in the Services; or (d) modify, alter, integrate, combine the Services or associated software with any other software or services not provided or approved by IAB. You have and will obtain no rights to the Services except for the limited rights to use the Services expressly granted by this Agreement.
During the Term of this Agreement but in any event no less than seven (7) years from the date you submit your Content, you grant IAB world-wide, irrevocable license to, market, promote, sell, modify, display, create derivative works of and distribute your Content in audio formats in order to provide the Platform and Services pursuant to this Agreement. Your Content (excluding any personal or Confidential Information) transmitted to certain parts of the Platform, may be posted in public areas on the Platform, including without limitation in a compilation format, and as such will be publicly visible and accessible. In addition, you grant to IAB a non-exclusive license to use your name, trademarks, copyrights, logos and any other materials provided by Vendor (“Marks”) in connection with the Services. IAB acknowledges that ownership of the Marks belongs to you.
Vendors may only participate in the Platform if they hold all active licenses required by law to provide the Content for sale. IAB may exclude Vendors who, in IAB’s sole discretion, have engaged in illegal, inappropriate or unprofessional conduct.
Account
You will be required to create an account and provide accurate, current and complete information in connection with your use of the Services (“Account”). You agree to maintain and promptly update your Account information as necessary to maintain its accuracy. IAB reserves the right to suspend or terminate access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Account information. In certain instances, IAB may require proof of identity to create or access an Account, or to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof.
Users may control their Account and how they interact with the Services by changing the settings in their Account. By accessing the Services and/or setting up an Account, you consent to having these Terms provided to you in electronic form and that all Terms, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you sign up for our Services or provide any contact information, including an email address or cellphone number in connection with that activity, or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any Contact Information that you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. If you do not want to receive such messages, you may opt out or change your preferences in your Account settings page. Opting out may prevent you from receiving certain messages regarding updates, improvements, or offers.
You are solely responsible for all activity that occurs when the Services are accessed through your Account. You acknowledge and agree that you are solely responsible for ensuring that any User of your Account understands and is aware of these Terms, and that no person who is not an authorized User be allowed access to the Services. You must notify IAB immediately of any breach of security or unauthorized use of your Account. IAB will not be liable for any losses or damages arising from your or your authorized Users’ failure to protect your password or Account information and/or caused by any unauthorized use of your Account.
Content
You are solely responsible for any and all audiobooks, information, photos, documents, messages, queries, and any other text, content, or data that you submit, make available, or publicize through the Platform (“Content”). You represent and warrant that all of your Content is accurate and not misleading and is not in violation of any third-party rights. Prior to submission, you must have obtained all necessary rights and licenses in all elements of your Content. Other than your Contact Information or other personal information, your Content is not confidential or privileged, and you waive rights of privacy or publicity in connection with your Content.
You will not use the Platform to upload, download, display, perform, transmit, or distribute any Content that is, nor will you engage in any activities that are deceptive, abusive, threatening, tortious, or to transmit malicious code, viruses, time bombs, Trojan horses, or similar mechanisms, scripts, agents, bots or programs. You further agree that you will not submit any Content that contains Prohibited Materials. “Prohibited Materials” means, as determined in IAB’s sole discretion, (i) pornography or sexually explicit content, (ii) materials communicating hate or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (iii) materials promoting illegal activities; (iv) profane or obscene language, (v) materials that infringe or violate the rights of others (including copyright, trademark, trade secret, privacy and/or publicity rights), (vi) defamatory, libelous, obscene, offensive or harmful material, (vii) materials that violate any applicable international, national, federal, state, provincial, and local laws, rules, regulations, directives, and governmental requirements currently in effect, or as they become effective. (“Applicable Laws”), or IAB’s Policies and Procedures, and (xi) materials that otherwise violate this Agreement.
Titles in the public domain do not typically make good candidates for audiobooks. If you elect to upload content that is in the public domain, you are representing and warranting to IAB the following:
You have confirmed that the work is correctly identified as public domain; and
You have created your own version of the title by adding your own original content to it (i.e.; a historical introduction or fictionalized content).

You understand and agree that you are completely responsible and liable for any issues our of your uploading all or part of a public domain work (or a work that you believed was in the public domain) and will indemnify IAB against any Losses arising therefrom.

The Platform may provide Users with the ability to send email messages to other Users and non-users and to post messages. You must evaluate, and will bear all risks associated with, the use of or reliance on Content obtained through the Platform. We are under no obligation to review any Content (including any messages) posted on or sent through the Platform by Users; we will not pre-screen or actively review Content but we may refuse or delete any Content of which we become aware that fails to fulfill the purpose of the Platform, is in breach of these Terms, is contrary to law, or is otherwise inappropriate in our discretion. Under no circumstances will we be liable in any way for any Content posted by Users of the Platform, including, but not limited to, liability for any errors, inaccuracies, or omissions therein, or for any loss or damage of any kind incurred as a result of the use thereof. We will have no obligation or liability to you to maintain, store, or license any Content.
User’s Content may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media. IAB does not claim any ownership of the Content submitted, posted, or displayed by Users through the Services. You retain any and all ownership rights to the Content that you submit and are responsible for protecting those rights. We reserve the right at all times to remove or refuse distribution of any Content on the Platform. However, and for the purpose of clarity, in the event that IAB produces the audio portion (“Audio Recording”) of the audiobook as a service for the Vendor, then IAB owns the rights to the Audio Recording, and Vendor may not otherwise use, distribute, share, copy, license or sell the Audio Recording (even if this is a non-exclusive agreement) without, in every instance, the explicit written permission of IAB, which may be granted or withheld in IAB’s sole discretion. The Audio Recordings are solely for use on the IAB Platform and may not be used anywhere else.
Services Rules

You agree to not access or use the Services for any purposes other than those specifically permitted. You will not use the Platform to engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by us in our sole discretion.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to remove, circumvent, disable, damage or otherwise interfere with, security-related features of the Services, features that prevent or restrict use or copying of any Content accessible through the Services, or features that enforce limitations on use of the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes other than those explicitly permitted; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, stealing or assuming and person’s identity (whether a real identity or nickname or alias), conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any Content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures IAB may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
You may not access or use the Platform for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes. IAB strictly prohibits any other use of any other content available through the Platform, including but not limited to: any downloading, copying or other use of the content or the Platform for purposes competitive to IAB or for the benefit of another marketplace, vendor or any third party.
Furthermore, you may not use the Services to develop, generate, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Services, (D) performs any unsolicited commercial communication not permitted by applicable law; and (E) is harassment or a violation of privacy or threatens other people or groups of people.

Payment

a. Any Fees related to the Services (“Fees”) provided hereunder (i.e. production of audiobook) will be as provided in the applicable Services order form (“Services Order Form”).

b. Platform Fees. If a transaction or sale is generated through the Platform, IAB is entitled to certain commissions and processing fees as the facilitator, based on a percentage of the total transaction or sales prices, plus any applicable tax.

i. IAB does not charge a listing fee for Vendors. This is subject to change at any time upon written notice (email acceptable) to Vendor.

ii. IAB reserves the right to charge additional fees for use of the Platform, and/or charge for additional or premium applications or services that may be offered from time to time. No such charges will be applicable until and unless you specifically agree to such charges and/or sign-up for such additional or premium services.

As retailer of audiobooks sold on the IAB Platform, IAB retains the sole discretion to set the price of the audiobooks it sells. However, Vendor may contact IAB directly to request adjustments, and IAB will make commercially reasonable efforts to price the audiobooks in a manner agreeable to Vendor. From time to time, IAB may reduce prices on some or all titles, across the Platform. While IAB cannot make projections on a title-by-title basis, IAB anticipates that these price reductions will lead to increased sales for titles overall.
Royalty payments are provided on a net-30 basis, this means any earnings from January will be paid by the end of February (or within the first three days of March due to February being a short month), earnings from February will be paid by the end of March and so on.
1. Royalty Rates
  1. Exclusive distribution – 45% royalty paid to Vendor
  2. Non-exclusive distribution – 25% royalty paid to Vendor
  3. Production fees – 10% of the royalty amount that would otherwise be paid to Vendor is kept by IAB for production fees related to the Audio Recording for non-exclusive Vendors. Vendor may provide their own narration of the audiobook at any time and the Production fees will be removed thereafter. IAB reserves the right to charge exclusive Vendors the 10% production fees at any time in the future.
  4. Exclusive vs. Non-Exclusive. Any audiobook initially provided as exclusive, may be changed to non-exclusive by Vendor after the audiobook has been on sale at IAB for at least ninety (90) days. This is a one-time change. Vendor may request this change, by emailing us as Support@islamicaudiobooks.com. Vendor’s request will be processed within 30 business days if the title is eligible, and Vendor will be notified by email when the change is effective.
  5. For the purpose of clarity, Audio Recordings are only permitted to be used/distributed through the Platform. Whether Vendors choose exclusive or non-exclusive distribution, if IAB provides an Audio Recording, Vendors remain responsible to pay the monthly production fees until and unless Vendor submits their own narration of the audiobook.
    1. Reminder – If Vendor already distributes, or plans to distribute their audiobooks in any other audio format, or through any other distribution channel, Vendor must select Non-exclusive distribution.
  6. Royalty statements reflect sales of audiobooks in two (2) categories: members and non-members, with pricing dependent on the category.
    1. IAM = sales made using membership pricing.
    2. IAN = purchases made by a customer who are nonmembers.

Vendor can view, download, and print monthly sales reports at any time in their Account.

For any amount accrued that is less than $50, no payment will be made for such month and will instead be rolled over to the payment for the following month. For the avoidance of doubt, royalty payments will not include any amounts that are owed, but have not actually been received by IAB, nor will royalty payments include amounts that are returned or refunded for any reason. Vendor agrees to repay IAB for any royalty payment amounts that relate to payments that are later returned or refunded to the Purchaser by IAB for any reason.
Vendor understands and agrees that IAB may, but is not required to, promote the audiobooks in various ways including, but not limited to, offering discounted or free copies, reduced rates, bundled purchases, sharing excerpts of the Content, and/or allowing influencers to promote the Platform by allowing them to read audiobooks at their discretion and review such audiobooks and Content on their own social media platforms. Vendor understands and agrees that there will be no royalties paid out for any free versions, and that royalties will be reduced for any discounted versions provided for such purposes.
Payment Processor. IAB uses a third-party payment processor (the “Payment Processor”) to handle credit card transactions through your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors, the acts or omissions by the Payment Processor. By utilizing the Services, you agree to pay us and/or to be paid, as applicable, through the Payment Processor, in accordance with the applicable payment terms. You are responsible for any chargebacks and the associated costs that arise due to your acts or omissions.
Users are responsible for any chargebacks due to their acts or omissions.
Payment Terms. If you fail to make payment when due then IAB may, without limiting and in addition to its other available remedies, assess a late payment charge at the rate of two percent (2.0%) per month or the maximum rate allowed by applicable law, whichever is the lesser. In the event you fail to make timely payment, you will be responsible for all reasonable expenses (including attorneys’ fees) incurred by IAB in collecting such amounts.
Users of the Platform may be liable for taxes or similar charges required to be reported, collected and/or paid on the Projects and/or Fees paid/received through the Platform. In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that we may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.

Privacy

We care about the privacy of our clients. IAB’s privacy practices are governed by IAB’s Privacy Policy, the most updated copy of which can be found at http://IAB.com/privacy-policy.html (“Privacy Policy”). The Privacy Policy does not cover the information practices exercised by any third parties that IAB does not own or control.

Security

IAB cares about and takes very seriously the integrity and security of your personal information. We take commercially reasonable administrative, physical and electronic measures designed to safeguard and protect the Services, content, materials and data therein from unauthorized access, use, modification, deletion and/or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Third-Party Links and Information

The Services may contain links to third-party materials that are not owned or controlled by IAB. IAB does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that these Terms and IAB’s Policies and Procedures do not apply to your use of such sites. You expressly relieve IAB from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that IAB shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Ownership

You agree that, as between IAB and yourself, IAB shall have sole and exclusive ownership of, and all right, title, and interest in and to the Services (including the Audio Recordings), and all modifications and enhancements of the Services (including ownership of all copyrights and other intellectual property rights), subject only to the rights expressly granted to you under this Agreement. This Agreement does not provide you with title or ownership of the Services or any part thereof, but only a limited right to use the same solely upon the terms expressly set forth in this Agreement. For the purpose of clarity, nothing provided by IAB under this Agreement is to be considered a “work for hire” and IAB does not convey, transfer or assign any right, title and interest it may have now or in the future acquire, including but not limited to all intellectual property rights, to you.

For the purpose of clarity, even if this is a non-exclusive agreement and you are submitting your Content on other outlets or platforms, you may not, and have no right to, use the Audio Recordings. The Audio Recordings are solely for use on the IAB Platform and may not be used anywhere else without explicit advance written permission from IAB.
IAB may use any reports, comments, ratings, reviews and suggestions in any form regarding the Services that you provide to IAB (collectively, the “Feedback”). You grant IAB a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback.

Confidential Information.

a. “Confidential Information” means any and all confidential or proprietary information regarding IAB’s business which may include without limitation: (a) trade secrets; (b) ideas, samples, media, works of authorship, models, products and services (current, future, and proposed) experimental work, development, design details and specifications, financial information; and (c) all other information that a party knew, or reasonably should have known, was the Confidential Information of IAB. IAB’s Confidential Information shall not include information: (a) that was independently developed by you in a manner not otherwise in violation or breach of this Agreement; (b) that was rightfully known to you prior to receipt from IAB; or (c) becomes generally available to the public or known to you by any means, including from a third party, not involving breach of an obligation of confidentiality with respect to such information. For the avoidance of doubt, all of our APIs, documentation, code, software, technologies, processes, data, and all other non-public information regarding the Platform are deemed to be Confidential Information of IAB.

b. You agree that at all times you will hold in strict confidence and not disclose to any third party any of the Confidential Information, except as approved in writing by IAB, and will use the Confidential Information for no purpose other than as contemplated herein. You will protect the confidentiality of the Confidential Information with the same degree of care, but no less than reasonable care, as used to protect your own confidential information of a similar nature. You agree that, in addition to any other remedies available at law or in equity, IAB shall be entitled to the issuance of injunctive relief to enforce the provisions hereof as well as seek specific performance, immediately and without the necessity of posting a bond.

12. Representations and Warranties.

a. By IAB. We represent and warrant that: (a) we have the right, power and authority to enter into and to perform pursuant to these Terms; and (b) the Services we provide hereunder will be performed in a professional and workmanlike manner in accordance with industry standards. In the event that IAB breaches this warranty, IAB will, to the extent possible, re-perform the Services in a manner consistent with the warranty, with the understanding that re-performance is the sole and exclusive remedy for any breach.

b. By Vendor. Vendor represents and warrants that: (a) Vendor has the right, power and authority to enter into and to perform pursuant to these Terms, including granting to IAB any and all licenses hereunder and that Vendor owns, controls or has sufficient rights in and to the Content and audiobooks provided for sale on the Platform and that Vendor will not infringe upon or violate the intellectual property rights of others; (b) none of Vendor’s Content, in IAB’s sole discretion, contains Prohibited Materials; and (c) Vendor will comply with all applicable federal, state, and local laws and regulations in connection with use of the Platform. Vendor further represent and warrants to comply with IAB’s Policies and Procedures for access to and use of the Services, including but not limited to IAB’s privacy policy, as may be modified from time to time and as made available or communicated to Vendor, or posted electronically on the Platform. Vendor agrees to inform IAB immediately if Vendor discovers any breaches of the obligations set forth above.

Disclaimers.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ARE SOLELY RESPONSIBLE FOR ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FURTHERMORE, AND WITHOUT LIMITATION, IAB DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME, UNINTERRUPTED OR ERROR-FREE, OR THAT THE USE OF IAB’S SERVICES WILL RESULT IN ANY PARTICULAR RESULTS.
YOU ACKNOWLEDGE THAT IAB DOES NOT CONTROL THE CONTENT OF ANY USERS OF THE PLATFORM OR ANY OTHER THIRD-PARTY CONTENT, INFORMATION OR MATERIALS. AS SUCH, IAB IS NOT RESPONSIBLE FOR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF ANY USER CONTENT FOR ANY PURPOSE. IAB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE.

IAB IS NOT RESPONSIBLE FOR NON-PAYMENT BY CUSTOMERS OR ISSUES WITH THIRD PARTY PAYMENT PROCESSORS.

IAB MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. WE MAY PERMANENTLY OR TEMPORARILY TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICES WITHOUT NOTICE AND LIABILITY FOR ANY REASON, INCLUDING IF IN OUR SOLE DETERMINATION YOU VIOLATE ANY PROVISION OF THESE TERMS, OR FOR NO REASON. IAB DOES NOT ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY OF YOUR MATERIALS, COMMUNICATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT, SERVERS, OR OTHER REASONS.
BY HAVING ACCESS TO THE SERVICES, VENDOR AGREES AND UNDERSTANDS THAT IAB AND PARTNERS MAY PLACE ADVERTISEMENTS ON THE PLATFORM. THE TYPES OF ADVERTISEMENTS ARE SUBJECT TO CHANGE.
THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnification

Vendor will indemnify, defend and hold harmless IAB, and its directors, officers, employees, agents and representatives from and against any and all losses, damages, demands, claims, costs, penalties, injuries, interest, or expenses (including without limitation reasonable attorney fees and costs) (“Losses”) howsoever caused, directly or indirectly arising out of or relating to Vendor’s (i) use or misuse of the Services or any portion thereof; (ii) breach or alleged breach of any representations, warranties, obligations or responsibilities contained herein; (iii) negligence or misconduct; (iv) Content; or (viii) violation of Applicable Laws. This indemnification obligation will survive the termination of these Terms and Vendor’s use of the Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IAB, ITS AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF IAB HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IAB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL IAB, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF ROYALTIES PAID TO VENDOR HEREUNDER OR $100, WHICHEVER IS GREATER.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE SPECIFIC LEGAL RIGHTS, AND VENDOR MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE §1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Governing Law and Dispute Resolution
1. This Agreement shall be governed by and construed and enforced in accordance with the laws of the United States and the State of Ohio as it applies to a contract made and to be performed in such state. You consent and agree that the state and federal courts of Cuyahoga County, Ohio shall have personal jurisdiction over you, as well as subject matter jurisdiction with respect to any provision of this Agreement, and shall be the exclusive forums for any litigation arising out of or relating to this Agreement, subject the arbitration provisions below. You also agree to and hereby waive your rights to a trial by jury and agrees to accept service of process by mail.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM IAB. For any dispute with IAB, you agree to first contact us at Support@islamicaudiobooks.com and attempt to resolve the dispute with us informally. In the unlikely event that IAB has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted in Cuyahoga County, OHIO, unless you and IAB agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing IAB from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights

This arbitration provision is binding upon, and includes any claims brought by or against any third-parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to your use of the Platform. To the extent that any third-party beneficiary to this agreement brings claims against IAB; those claims shall also be subject to this arbitration provision. If any portion of these arbitration provisions are found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provisions shall be severed from these Terms; (2) severance of the unenforceable or unlawful provisions shall have no impact whatsoever on the remainder of the arbitration provisions or the parties’ ability to compel arbitration of any remaining claims on an individual basis; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND IAB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

In the event any action is brought to enforce any provision of the Agreement or to declare a breach of the Agreement, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby. Term, Termination and Suspension of Access
All audiobooks distributed through IAB have a 7-year initial distribution term.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform. However, regardless of any such termination, the rights granted herein shall not expire and sales of audiobooks submitted prior to such termination will remain in effect subject to these terms for the remainder of the seven-year initial distribution term. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and we may deny you access to our Services (or any part thereof).
IAB may immediately suspend or terminate your license or access to all or any portion of the Services if we become aware or reasonably suspects that: (a) your use of the Services violates applicable laws or regulations or any of these Terms, or (b) your continued use of the Services will disrupt use of the Services by others, poses a security risk or, may harm IAB or its systems, may subject IAB or any third party to liability or if IAB believes in its reasonable discretion that your use of the Services is unsuitable in any way. Copyright Claims; DMCA Notice

We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your own copyrighted work is accessible on the Services or any service in violation of your copyright, then you may provide our designated agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:
1. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material.
2. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Include your name, mailing address, telephone number, and email address. You may submit your notification of alleged copyright infringement by sending us an e-mail with the subject line “Attn: Copyright Agent to Support@islamicaudiobooks.com.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Submitting a DMCA Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to our designated Copyright Agent that includes all of the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which IAB may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

General

a. Notification Procedures and Changes to the Terms. IAB may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Platform, as determined by IAB in our sole discretion. IAB reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notifications. IAB is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. IAB may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the last modified date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services. It is agreed that no usage of trade or other regular practice or method of dealing between or among the parties to these Terms shall be used to modify, interpret, supplement, or alter in any manner the terms of these Terms.

b. Geographical Restrictions. IAB makes no representation that all Services described or available through the IAB Platform are appropriate or available for use in locations outside the United States or all territories within the United States. If you choose to access the Platform from locations outside the United States, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

c. Assignment. You may not assign, delegate or transfer this Agreement or your rights or obligations under this Agreement, without IAB’s prior written consent. Any purported assignment or transfer in violation of this paragraph will be void. This Agreement is binding on, and is for the benefit of, the parties and their respective and permitted successors and assigns.

d. Insurance. You agree to maintain appropriate insurance levels commensurate with your respective business and industry standards.

e. Electronic Communications. Our communications with you via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. All notices shall be effective upon the day following sending by electronic mail.

f. Entire Agreement / Severability. These Terms shall constitute the entire agreement between you and IAB concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect

g. No Waiver. No waiver of any term herein shall be deemed a further or continuing waiver of such term or any other term, and IAB’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Section headings are for reference only, and shall not be construed as substantive parts of the Terms. Each capitalized term used in these Terms shall have the meaning attributed to it in any part of these Terms.
You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of these Terms regardless of the cause of such termination.