Privacy Policy and Terms of Use

Privacy Policy

This Privacy Policy explains our policy regarding the collection, use, disclosure and transfer of your information by Nojoum App Ltd. and/or its subsidiary(ies) and/or affiliate(s) (collectively referred to as the Company), which operates the website (“Site”), applications and other services including but not limited to delivery of music and related content via the site¸ any mobile or internet connected device or otherwise (collectively the “Nojoum Service”). This Privacy Policy forms part and parcel of the Terms of Use for the Nojoum Services. Capitalized terms which have been used here but are undefined shall have the same meaning as attributed to them in the Terms of Use.

As we update, improve and expand the Nojoum Services, this policy may change, so please refer back to it periodically. By accessing the Apps and website or otherwise using the Nojoum Services, you consent to collection, storage, and use of the personal information you provide (including any changes thereto as provided by you) for any of the services that we offer.

The Company respects the privacy of the users of the Nojoum Services and is committed to reasonably protect it in all respects. The information about the user as collected by the Company is: (a) information supplied by users and (b) information automatically tracked while navigation (collectively referred to as Information).

INFORMATION SUPPLIED BY USERS

To avail certain services on the Nojoum Services, users are required to provide certain personally identifiable information for the registration process which may include:- a) your name, b) email address, c) sex, d) age, e) PIN code , f) credit card or debit card details g) medical records and history h) sexual orientation, i) biometric information, j) password (k) your occupation, interests, and the like etc., and / or your occupation, interests, and the like. The Information as supplied by the users enables us to improve the Nojoum Services and provide you the most user-friendly experience. In some cases/provision of certain service(s) or utility(ies), we may require your contact address as well.

All required information is service dependent and the Company may use the above said user Information to, maintain, protect, and improve the Nojoum Services (including advertising on the Site) and for developing new services. We may also use your email address or other personally identifiable information to send commercial or marketing messages without your consent [with an option to subscribe / unsubscribe (where feasible)]. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major changes, for customer service purposes, billing, etc.).

Any personally identifiable information provided by you will not be considered as sensitive if it is freely available and / or accessible in the public domain. Further, any comments, messages, blogs, scribbles etc. posted/uploaded/conveyed/communicated by users on the public sections of the Site becomes published content and is not considered personally identifiable information subject to this Privacy Policy but must comply our violation rules described in INFORMATION SHARING section.

In case you choose to decline to submit personally identifiable information on the Site, we may not be able to provide certain services on the Site to you. We will make reasonable efforts to notify you of the same at the time of opening your account. In any case, we will not be liable and or responsible for the denial of certain services to you for lack of you providing the necessary personal information.

When you register with the Nojoum Services, we contact you from time to time about updating of your personal information to provide the users such features that we believe may benefit / interest you.

Personal data that you choose to give us that enables us to provide you with additional features/functionality
- We may collect certain personal data if you sign up for any of our Paid Subscriptions (as defined in the Terms and Conditions of Use) or make other purchases through the Nojoum Service. The exact personal data collected will vary depending on the payment method (e.g. direct via your mobile phone carrier or by invoice) but will include information such as:
  - Name;
  - Date of birth;
  - Credit or debit card type, expiration date, and certain digits of your card number;
  - Postal code;
  - Mobile phone number; and
  - Details of your purchase and payment history.
- Personal data collected from third party sources
  - If you choose to pay for a service or feature by invoice, we may receive data from our payment partners to enable us to send you invoices, process your payment and provide you with what you’ve purchased.

INFORMATION AUTOMATICALLY TRACKED WHILE NAVIGATION

1. Cookies

To improve the responsiveness of the Site for our users, we may use “cookies”, or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user’s individual interests using the identified computer. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply. A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser (if you click on their ads), a process that we do not control.

2. Log File Information

Our web servers automatically collect limited information about your computer’s connection to the Internet, including your IP address, when you visit our site. Your IP address is a number that lets computers attached to the Internet know where to send you data — such as the web pages you view. We automatically receive and log information from your browser, including your IP address, your computer’s name, your operating system, browser type and version, CPU speed, and connection speed. We may also collect log information from your device, including your location, IP address, your device’s name, device’s serial number or unique identification number (e.g.. UDiD on your iOS device), your device operating system, browser type and version, CPU speed, and connection speed etc..

3. Clear GIFs

We may use “clear GIFs” (Web Beacons) to track the online usage patterns of our users in a anonymous manner, without personally identifying the user. We may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.

We use this information to inter-alia deliver our web pages to you upon request, to tailor our Site to the interests of our users, to measure traffic within our Site, to improve the Site quality, functionality and interactivity and let advertisers know the geographic locations from where our visitors come.

4. Information from other Sources:

We may receive information about you from other sources, add it to our account information and treat it in accordance with this policy. If you provide information to the platform provider or other partner, whom we provide services, your account information and order information may be passed on to us. We may obtain updated contact information from third parties in order to correct our records and fulfil the Services or to communicate with you

5. Demographic and purchase information:

We may reference other sources of demographic and other information in order to provide you with more targeted communications and promotions. We use Google Analytics, among others, to track the user behaviour on our Apps and website. Google Analytics specifically has been enabled to support display advertising to help us gain an understanding of our users’ Demographics and Interests. The reports are anonymous and cannot be associated with any individual personally identifiable information that you may have shared with us. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings options provided by Google.

LINKS TO THIRD PARTY SITES / AD-SERVERS

The Site may include links to other websites. Such sites are governed by their respective privacy policies, which are beyond our control. Once you leave our servers (you can tell where you are by checking the URL in the location bar on your browser), use of any information you provide is governed by the privacy policy of the operator of the site you are visiting. That policy may differ from ours. If you can’t find the privacy policy of any of these sites via a link from the site’s homepage, you should contact the site directly for more information.

When we present information to our advertisers — to help them understand our audience and confirm the value of advertising on our Apps and website — it is usually in the form of aggregated statistics on traffic to various pages / content within our Site.

We use third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number or other personally identifiable information) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

We do not provide any personally identifiable information to third party websites / advertisers / ad-servers without your consent.

INFORMATION SHARING

The Company shares general information/sensitive personal information with in-app users or any third party with/without obtaining the prior consent of the User in the following limited circumstances:

When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms or for complying with the applicable laws and regulations.
The Company proposes to share such information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. We also ensure that these recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
The Company may present information to our advertisers – to help them understand our audience and confirm the value of advertising on our Apps and website – however it is usually in the form of aggregated statistics on traffic to various pages within our site.
The Company may share your information regarding your activities on Site or Nojoum Services with third party social websites to populate your social wall that is visible to other people however you will have an option to set your privacy settings, where you can decide what you would like to share or not to share with others.
Users post and share with the general public and other Nojoum users. You are directing us to disclose that information as broadly as possible. Nojoum content, including your profile information (e.g., name/username, profile pictures), is available for viewing by the general public and other Nojoum users. Depending on your settings, users you are following and your followers and based on the Nojoum products and services you use, we share:
1. Your interactions with Nojoum content of other users, such as likes, posts, chats, stories and people you follow.
2. Content you send to a specific Nojoum user, such as through Direct Messages (Direct Messages are the private side of Nojoum App. You can use Direct Messages to have private conversations with people about music, music videos, stories, posts and other content.). Please keep in mind that if you’ve shared information like Direct Messages or protected posts with someone else who accesses Nojoum through a third-party service, the information may be shared with the third-party service.
With third parties & third-party integrations.
1. With service providers. We may share your information with our service providers that perform functions and provide services on our behalf, including payment services providers who facilitate payments; service providers that host our various blogs and wikis; service providers that help us understand the use of our services; and those that provide fraud detection services.
2. With advertisers. Advertising revenue enables us to provide our products and services. Advertisers may learn information from your engagement with their ads on or off Nojoum. For example, if you click on an external link or ad on our services, that advertiser or website operator might figure out that you came from Nojoum App or website, along with other information associated with the ad you clicked, such as characteristics of the audience it was intended to reach and other Nojoum-generated identifiers for that ad. They may also collect other personal information from you, such as cookie identifiers, or your IP address.
3. Third-party content & integrations. We share or disclose your information with your consent or at your direction, such as when you authorize a third-party web client or application to access your account or when you direct us to share your feedback with a business. Similarly, to improve your experience, we work with third-party partners to display their video content on Nojoum App and website or to allow cross-platform sharing. When you watch or otherwise interact with content from our video or cross-platform sharing partners, they may receive and process your personal information as described in their privacy policies. For video content, you can adjust your autoplay settings if you prefer that content not to play automatically.
4. Through our APIs. We use technology like APIs and embeds to make public Nojoum information available to websites, apps, and others for their use, for example, displaying Nojoum posts and comments on a news website or our live streaming and etc.
When required by law, to prevent harm, or in the public interest. We may preserve, use, share, or disclose your information if we believe that it is reasonably necessary to:

comply with a law, regulation, legal process, or governmental request;
protect the safety of any person, protect the safety or integrity of our platform, including to help prevent spam, abuse, or malicious actors on our services;

explain why we have removed content or accounts from our services (e.g., for a violation of Nojoum Rules explained in Nojoum Terms of Use Section);

address fraud, security, or technical issues; or
protect our rights or property, or the rights or property of those who use our services.
With our Affiliates. We may share information amongst our affiliates to provide our products and services.

ACCESSING AND UPDATING PERSONAL INFORMATION

When you use the Nojoum Services Site (or any of its sub sites), we make good faith efforts to provide you, as and when requested by you, with access to your personal information and shall further ensure that any personal information or sensitive personal data or information found to be inaccurate or deficient shall be corrected or amended as feasible, subject to any requirement for such personal information or sensitive personal data or information to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

INFORMATION SECURITY

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data. All information gathered on Nojoum Ltd is securely stored within the Nojoum Ltd controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.

However the internet is an ever evolving medium. We may change our privacy policy from time to time to incorporate necessary future changes.

We use third-party advertising companies to serve ads when you visit or use our Apps and website, mobile application or services. These companies may use information (not including your name, address, email address or telephone number) about your visits or use to particular website, mobile application or services, in order to provide advertisements about goods and services of interest to you.

UPDATES / CHANGES

The internet is an ever evolving medium. We may alter our privacy policy from time to time to incorporate necessary changes in technology, applicable law or any other variant. In any case, we reserve the right to change (at any point of time) the terms of this Privacy Policy or the Terms of Use. Any changes we make will be effective immediately on notice, which we may give by posting the new policy on the Site. Your use of the Nojoum Services after such notice will be deemed acceptance of such changes. We may also make reasonable efforts to inform you via electronic mail. In any case, you are advised to review this Privacy Policy periodically on the Site to ensure that you are aware of the latest version.

QUESTIONS / GRIEVANCE REDRESSAL

In the event you have any grievance relating to the processing of information provided by you, you may contact our Grievance Officer, at feedback@Nojoum.com or write at the following address:

Grievance Redressal Officer

Nojoum App Technology Information Ltd.
Office NO.3702-03,Control Tower, Motor City, Dubai UAE

We request you to please provide the following information in your complaint:-

Identification of the information provided by you
Clear statement as to whether the information is personal information or sensitive personal information
Your address, telephone number or e-mail address.
A statement that you have a good-faith belief that the information has been processed incorrectly or disclosed without authorization, as the case may be
A statement, under penalty of perjury, that the information in the notice is accurate, and that the information being complained about belongs to you.

You may also contact us in case you have any questions / suggestions about the Privacy Policy using the contact information mentioned above.

Terms of Use

Introduction

Please read these Terms of Use (these “Terms”) carefully as they govern your use of (which includes access to) Nojoum’s personalized services for streaming music, videos and other content, including all of our Apps and websites and software applications that incorporate or link to these Terms (collectively, the “Nojoum Service”) and any music, videos, podcasts, radios, users’ stories/posts/comments or other material that is made available through the Nojoum Service (the “Content”).

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

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

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

Service Provider

These Terms are between you and Nojoum App Technology Information Ltd.
Office NO.3702-03,Control Tower, Motor City, Dubai UAE

The Nojoum Service Provided by Us

Nojoum Service options

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

Third-Party applications, devices and open source software

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

Service limitations and modifications

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

The Nojoum Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
We aim to evolve and improve the Nojoum Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Nojoum Service (including particular functions, features, subscription plans, and promotional offerings);
Nojoum has no obligation to provide any specific content through the Nojoum Service, and Nojoum or the applicable owners may remove particular stories, posts, comments, songs, videos, podcasts, and other Content without notice.

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

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

Your rights to use the Nojoum Service

Access to the Nojoum Services

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

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

Nojoum’s Proprietary Rights

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

You agree to abide by the Nojoum User Guidelines (explained in further sections) and not to use the Nojoum Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.

Payments and Cancellation

Services

Different premium services are purchased and accessed from Nojoum App. Prices are in USD and AED

Billing & payment

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

paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
pre-payment giving you access to the Nojoum Service for a specific time period (“Pre-Paid Period”).

All amounts payable by Customer must be received in full prior to commencement of Service. Cards accepted are Visa and Mastercard. Customer will be responsible for the payment of any present or future sales, use, excise or other similar tax (excluding taxes based on Nojoum net income) applicable to the services hereunder. Amounts paid hereunder are non-refundable.

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

If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Nojoum Service in addition to these Terms. Please contact the third party regarding any refunds or to manage your subscription.

Price and tax changes

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

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

Renewal, Cancellation and Refunds

With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Nojoum or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Nojoum Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms. Any payments made through the Pay in Cash payment method will not be refunded regardless of the cause of termination or the party terminating the agreement. All other requests for refunds will be reviewed on a case by case basis and awarded at Nojoum sole discretion. All approved refunds will be made through the original mode of payment only.

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

Credit Card Information

The details collected do not include credit card details of customers. All credit card information will not be stored, sold, shared, rented or leased to any third parties.

Content and Intellectual Property Rights

User Content

The content you post on the Nojoum Service

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

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

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

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

Monitoring user content

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

Licenses that you grant to us

User Content

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

Feedback

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

Your Device

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

Content experience

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

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

Customer Support, Information, Questions, and Complaints.

For customer support with account- and payment-related questions (“Customer Support Queries”), and in the event you have any grievance relating to the processing of information provided by you, you may contact our Grievance Officer, at feedback@Nojoum.com or write at the following address:

Grievance Redressal Officer

Nojoum App Technology Information Ltd.

Office NO.3702-03,Control Tower, Motor City, Dubai UAE

If you have any questions concerning the Nojoum Service or these Terms (including any additional Nojoum terms and conditions incorporated herein), please contact Nojoum office address as given above.

Problems and Disputes

Suspending and terminating the Nojoum Service

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

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

Warranty disclaimers

THE NOJOUM SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, NOJOUM AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER NOJOUM NOR ANY OWNER OF CONTENT WARRANTS THAT THE NOJOUM SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, NOJOUM MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE NOJOUM SERVICE OR ANY HYPERLINKED WEBSITE, AND NOJOUM IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM NOJOUM SHALL CREATE ANY WARRANTY ON BEHALF OF NOJOUM. WHILE USING THE NOJOUM SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.

Limitation of liability and time for filing a claim

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE NOJOUM SERVICE IS TO UNINSTALL ANY NOJOUM APPS/WEBSITE AND TO STOP USING THE NOJOUM SERVICE. YOU AGREE THAT NOJOUM HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE NOJOUM SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO NOJOUM, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.

IN NO EVENT WILL NOJOUM, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE NOJOUM SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER NOJOUM HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE NOJOUM SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO NOJOUM DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR AED100.00.

For clarification, these Terms do not limit Nojoum’s liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.

ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and Nojoum, and in no event shall these Terms create any third-party beneficiary rights.

If you have downloaded any of our mobile software applications (each, an “App”) from the Apple Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Nojoum only, not with Apple, and Apple is not responsible for the Nojoum Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Nojoum Service. In the event of any failure of the Nojoum Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Nojoum Service. Apple is not responsible for addressing any claims by you or any third party relating to the Nojoum Service or your possession or use of the Nojoum Service, including: (1) product liability claims; (2) any claim that the Nojoum Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Nojoum Service or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Nojoum Service. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

If you have downloaded any of our mobile software applications (each, an “App”) from the Google LLC. (“Google”) App Google play, you acknowledge that you have read, understood, and agree to the Google Play Terms of Service.

Indemnification

You agree to indemnify and hold Nojoum harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional Nojoum terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Nojoum Service; and (4) your violation of any law or the rights of a third party.

Mandatory arbitration and venue

ARBITRATION AGREEMENT

This Arbitration Agreement section sets forth the terms and conditions pursuant to which disputes, claims and controversies between you and Nojoum will be resolved through arbitration (“Arbitration Agreement”).

Dispute resolution and arbitration

You and Nojoum agree that any dispute, claim, or controversy between you and Nojoum arising in connection with or relating in any way to these Terms or to your relationship with Nojoum as a user of the Nojoum Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and Nojoum further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms. These Terms shall be governed by and construed in accordance with the law of the Dubai International Financial Centre (“ DIFC ”), Dubai, United Arab Emirates, and the parties submit to the exclusive jurisdiction of the DIFC Courts.

Exceptions

You and Nojoum both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action in accordance with the jurisdiction and venue described in the Dispute Resolution and Arbitration section above, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

No class Or representative proceedings; class action waiver

YOU AND NOJOUM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Nojoum agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award 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 a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

User Guidelines

Welcome to the Nojoum User Guidelines (“User Guidelines“) which apply when using Nojoum’s websites, applications and services that reference these User Guidelines (the “Services“) including accessing any type of material or content made available through those Services (“Content“). These User Guidelines are designed to ensure the Services stay enjoyable for everyone. In addition to these User Guidelines, content must adhere to the Nojoum Platform Rules(“Platform Rules“).

We may update these User Guidelines and the Platform Rules from time to time – you can find the latest version on our website/Apps.

Violating the User Guidelines or Platform Rules may result in removal of any content or material you’ve contributed to the Services and/or termination or suspension of your account. We try to make the Services broadly available to everyone, but you cannot use our Services if we’ve previously terminated your account on any of our Services. We also prohibit attempts to circumvent prior enforcement actions, including through the creation of new accounts.

The following is not permitted for any reason whatsoever in relation to the Services and the material or content made available through the Services, or any part thereof:

reverse-engineering, decompiling, disassembling, modifying, or creating derivative works, except where such restriction is expressly prohibited by applicable law. If applicable law allows you to decompile any part of the Services or Content where required in order to obtain the information necessary to create an independent program that can be operated with the Services or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without Nojoum’s prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Services or the Content;
copying, reproducing, redistributing, “ripping,” recording, transferring, performing, framing, linking to or displaying to the public, broadcasting, or making available to the public, or any other use which is not expressly permitted under the Agreements or applicable law, or which otherwise infringes intellectual property rights;
importing or copying any local files that you do not have the legal right to import or copy in this way;
transferring copies of cached Content from an authorized Device to any other Device via any means;
“crawling” or “scraping”, whether manually or by automated means, or otherwise using any automated means (including bots, scrapers, and spiders), to view, access or collect information;
selling, renting, sublicensing, leasing or other monetization except as expressly permitted under the Agreements;
selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or
artificially increasing play counts or follow counts, artificially promoting Content, or other manipulation including by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
circumventing any technology used by Nojoum, its licensors, or any third party, including any territorial or other content access restrictions applied by Nojoum or its licensors;
circumventing or blocking advertisements or creating or distributing tools designed to block advertisements;
removing or altering any copyright, trademark, or other intellectual property notices (including for the purpose of disguising or changing any indications of ownership or source);
deleting or altering any part of the Services or Content except as expressly permitted under the Agreements or, in the case of Content made available by another user, with such user’s express consent; or
providing your password to any other person or using any other person’s username and password.

Please respect Nojoum, the owners of the material and content on the Services, and other users of the Services. Don’t engage in any activity, post any User Content, or register or use a username, which is or includes material that:

is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, publicity rights, or proprietary rights of Nojoum or a third party, or would violate any agreement to which you are a party, such as, by way of example and not limitation, an exclusive recording agreement or publishing agreement;
includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
exposes confidential or proprietary information of a third party or personal information about yourself that is not intended to be broadcast to people around the world;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Nojoum Service;
impersonates or misrepresents your affiliation with Nojoum (including, for instance, by using Nojoum’s copyrighted content, using the Nojoum logo without permission, or otherwise using Nojoum trademarks in a confusing manner), another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
unauthorized commercial or sales activities, such as advertising, promotions, contests, sweepstakes, gambling, bookmaking, or pyramid schemes;
unauthorized linking to, referencing, or otherwise promoting commercial products or services, except as expressly authorized by Nojoum;
interferes with or in any way disrupts the Nojoum Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Nojoum Service or Nojoum’s computer systems, network, usage rules, or any of Nojoum’s security components, authentication measures or any other protection measures applicable to the Nojoum Service, the Content or any part thereof;
conflicts with the Nojoum Terms and Conditions of Use or any other terms or policies applicable to your use of any of the Services; or
has been removed from any of our services for a breach of our terms or policies, such as a prohibited track, episode or show. This includes content being created or repurposed to reconstitute or serve the same objective as previously removed Content.

Platform rules

Dangerous Content

Nojoum is home to communities where people can create, express themselves, listen, share, learn, and be inspired. Don’t promote violence, incite hatred, harass or engage in any other behavior that may place people at risk of serious physical harm or death. What to avoid:

Content that advocates or glorifies serious physical harm towards an individual or group includes, but may not be limited to:

encouraging, promoting, or glorifying suicide and self-harm
inciting or threatening serious physical harm or acts of violence against a specific target or specific group

Content that promotes or supports terrorism or violent extremism includes, but may not be limited to:

glorifying or praising violent extremist groups or their members
coordinating, promoting, threatening, or praising an act of violence by or on behalf of violent extremist groups or their members
providing instructions or instructional materials to commit an act of violent extremism
soliciting an individual or group to finance, undertake an act of violent extremism, or become involved in the activities of a violent extremist group

Content that targets an individual or identifiable group for harassment or related abuse includes, but may not be limited to:

repeatedly targeting specific individuals with sexual advances
sharing, threatening to share, or encouraging others to share someone’s private information, including credit card or banking information, National Identity numbers, etc.

Content that incites violence or hatred towards a person or group of people based on race, religion, gender identity or expression, sex, ethnicity, nationality, sexual orientation, veteran status, age, disability or other characteristics associated with systemic discrimination or marginalization includes, but may not be limited to:

praising, supporting, or calling for violence against a person or group of people based on the characteristics listed above
dehumanizing statements about a person or group based on the protected characteristics listed above
promoting or glorifying hate groups and their associated images, and/or symbols

Content that promotes dangerous false or dangerous deceptive medical information that may cause offline harm or poses a direct threat to public health includes, but may not be limited to:

asserting that AIDS, COVID-19, cancer or other serious life threatening diseases are a hoax or not real
encouraging the consumption of bleach products to cure various illnesses and diseases
promoting or suggesting that vaccines approved by local health authorities are designed to cause death
encouraging people to purposely get infected with COVID-19 in order to build immunity to it (e.g. promoting or hosting “coronavirus parties”)

Content that illicitly promotes the sale of regulated or illegal goods includes, but may not be limited to:

selling illegal firearms or firearm parts
selling illegal drugs
selling endangered species or products derived from endangered species

Content that promotes, solicits, or facilitates child sexual abuse or exploitation includes, but may not be limited to:

visual depictions of a minor engaged in a sexual act or lascivious depictions of a nude minor
promoting acts of sexual abuse against a child in exchange for money
encouraging or promoting sexual attraction by adults towards minors
promoting, normalizing, or glorifying child grooming behaviors

Deceptive Content

Creating great experiences on Nojoum requires trust that people are who they say they are, that they won’t be scammed, and that no one is trying to manipulate our platform. Don’t use malicious practices to deceive others. What to avoid:

Content that impersonates others in order to deceive includes, but may not be limited to:

replicating the same name, image, and/or description as another existing creator
posing as another person, brand, or organization in a misleading manner

Content that promotes manipulated and synthetic media as authentic in ways that pose the risk of harm includes, but may not be limited to:

audio or video recording that comes from a real and valid source that has been altered in a way that changes the meaning or context of the original media and is purported to be true, thus posing a risk of harm to the speaker or other individuals
audio or visual media artificially created through the use of technology that’s purported to be true, such as digitally manufactured sexual audio and video content or content falsely suggesting that someone committed a crime

Content that attempts to manipulate or interfere with election-related processes includes, but may not be limited to:

misrepresentation of procedures in a civic process that could discourage or prevent participation
misleading content promoted to intimidate or suppress voters from participating in an election

Content that attempts to take advantage of the Nojoum community includes, but may not be limited to:

posting, sharing, or providing instructions on implementing malware or related malicious practices that seek to harm or gain unauthorized access to computers, networks, systems, or other technologies
phishing or related attempts to deceptively solicit or collect sensitive information
promoting investment and financial scams like get rich quick and pyramid schemes, or otherwise encouraging others to part with money under false pretenses

Sensitive Content

We have tons of amazing content on Nojoum, but there are certain things that we don’t allow on our platform. Don’t post excessively violent or graphic content, and don’t post sexually explicit content. What to avoid:

Content that promotes graphic or gratuitous depictions of violence, gore, or other shocking imagery includes, but may not be limited to:

severely mutilated or dismembered bodies
promoting animal cruelty or torture

Content that contains sexually explicit material includes, but may not be limited to:

pornography or visual depictions of genitalia or nudity presented for the purpose of sexual gratification
advocating or glorifying sexual themes related to rape, incest, or beastiality

Illegal Content

The law is the law. No matter who you are, it is your responsibility to comply with applicable laws and regulations. What to avoid:

Content that violates applicable laws and regulations includes, but may not be limited to:

content that does not comply with applicable sanctions and export regulations
content that is intended to promote or commit an illegal act of any kind

Content that infringes the intellectual property rights of others includes, but may not be limited to:

content provided to Nojoum without obtaining necessary permissions
content that infringes third-party copyrights or trademarks

What happens to rule breakers?

We take these decisions seriously and keep context in mind when making them. Breaking the rules may result in the violative content being removed from Nojoum. Repeated or egregious violations may result in accounts being suspended and/or terminated.

What else do I need to know?

These platform rules will help ensure that Nojoum remains an open and safe platform for all. We will continue to evaluate and update this information as needed, so please check back frequently. Depending on which Nojoum products or features you use, you may be subject to additional requirements so please follow those too.

How can I report an issue?

Have you found an issue with a piece of content on Nojoum? If so please let us know by reporting it through following steps:

send us an email
or use the flag sign (🏳️) within Nojoum Apps content to directly report.

About These Terms

Under applicable law, you may have certain rights that can’t be limited by a contract. These Terms are in no way intended to restrict those rights.

Changes

We may make changes to these Terms (including any additional Nojoum terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable Nojoum Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message or other prominent notice within the Service, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the Nojoum Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Nojoum Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.

Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Nojoum, these Terms constitute all the terms and conditions agreed upon between you and Nojoum and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the Nojoum Service are incorporated herein by reference.

Severability and waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Nojoum or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Nojoum’s or the applicable third-party beneficiary’s right to do so.

Assignment

Nojoum may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.