Qisimah.com is an online software service, accessible at https://qisimah.com/welcome (hereinafter “the Site”), provided by QISIMAH AUDIO INSIGHTS, a company incorporated under Ghanaian law, registered with the Registrar of Companies under no. CS103842018, with its registered office located at 19 Banana Street Ambassadorial Enclave East Legon (Ghana) (hereinafter “Qisimah”), offering users free or paid access to statistical and chart data in relation to recorded music in the world at large (hereinafter “the Service”).
The present TOU establish the contractual obligations between the Qisimah and any User desiring to access, consult, visualize, and generally use the Service, from any medium (personal computer, digital tablet, mobile phone).
Use of the Service is free except in cases of paid features and tools, subject to separate contractual terms. Free access to the Service only allows a limited use of the features and tools of the Service. The period during which access to the Service is free is restricted to the launch period.
Qisimah reserves the right to modify the Service and the present TOU at any time. All modifications are in force immediately upon publication online. Consequently, Users undertake to regularly consult the TOU to be made aware of any changes.
2.1. The Service provides Users with the consultation of data and information relating to artists, recordings and albums, their statistics of sale, listening, viewing, their charts and links to social networks and other websites, from a web interface, with aggregation and analysis functionalities and tools. The Service is provided temporarily free of charge, with restricted features.
2.2. The Service is reserved for the personal use of the User. Qisimah makes no guarantees with respect to the ability of the Service to meet business or professional requirements.
2.3. Access to the Service requires access to the Internet and a device that provides an Internet connection. Connection and equipment charges remain the exclusive responsibility of the User who is responsible for their proper operation, compatibility and optimization in order to access the Service.
2.4. Qisimah remains free to modify the layout, presentation and graphics of its Service and of the sites on which it is made available.
2.5. Qisimah remains only decision maker concerning the means of organization of the features and tools of the Service to Users and the associated advertising. Users cannot, in this regard, assert any claims, action or damages due to the modification or removal of whatever editorial content and/or functionality of the Service whatsoever.
It is recalled hat the Service is offered free of charge to Users for a limited period of time. As such, Qisimah is under no obligation, either by means or results, to provide a “minimum” of availability of the Service to Users.
In any event, Qisimah cannot be held under any obligation of result or to the availability the Service with respect to the Users who are informed that Qisimah is likely to interrupt the direct or indirect access to the Service for technical or editorial reasons (such as maintenance, updates, etc.) , without prior notice or information to the Users.
In no event shall Qisimah be held liable for the consequences of such interruptions or downtime for Users.
4.1. To access the Service, each User must create beforehand an account comprising compulsory information (such as name, contact details, a valid email address, etc.) that must be accurate and sincere (hereinafter “an Account”).
Each Account is personal and cannot be used by any person other that the User, nor transferred, shared or assigned to a third party, even within the same company, entity or group. The user is responsible for keeping his login and password private and confidential. The User is solely responsible for access to his Account with his login and password, except in the event of proof of fraudulent use by a third party.
An Account may be closed at any time, (i) by the User, by accessing his dedicated account space or by sending a written request to Qisimah, or (ii) by Qisimah in case of a violation of the present TOU. The User acknowledges and accepts that the termination of his Account brings about the permanent deletion of all data, settings, saved information therein, which shall not give rise to any financial or other compensatory claim.
4.2. Users are informed that the data made available and aggregated by Qisimah originate from third party sources, the accuracy and precision of which does not pertain to the responsibility of Qisimah.
Qisimah assumes no responsibility in the event of misunderstanding or misinterpretation by a User regarding the presented and made available on the Service. In case of doubt or difficulty in understanding, the User is invited to contact the relevant Qisimah.
4.3. All Users agree not to contravene the legislation in force and the legitimate interests of third parties and Qisimah. To this end, when the User is invited to, or has the possibility of, uploading, suggesting, modifying data or information on the Service, the User is notably prohibited from:
Qisimah reserves the right to suspend or remove a User’s access to the Service in the event a User has not complied with anyone of the aforementioned provisions.
5.1. Some hyperlinks accessible on the Service may send the User to other websites or other Internet sources.
Qisimah is not able to monitor and/or control these sites and external sources, the User acknowledges that Qisimah cannot be held responsible for the insertion of hyperlinks to websites and external sources, and does not assume any responsibility for the content, advertisements, products, services or other material available on or from these websites or external sources.
Moreover, the User acknowledges that Qisimah cannot be held responsible for any loss or damage in connection with the use of content, goods or services available on these sites or external sources.
Qisimah cannot also be held responsible in the event that the contents of such sites contravene the legal or regulatory provisions in force.
5.2. Users are prohibited from setting up hyperlinks to any or all parts of the Service without prior written authorization from Qisimah.
Qisimah is free to refuse this authorization without justification. In the event Qisimah grants its authorization, it is temporary and may be withdrawn at any time, without any obligation to justify the decision on the part of Qisimah.
5.1. Qisimah may store and read cookies and other similar tracers on your computer and access them to improve and facilitate your browsing experience and personalise the contents and the advertisements offered to you on the Website. Other cookies save the information that you have provided in online forms and prevent you from having to fill again the data you have already communicated.
Some cookies collect statistical data such as data in relation as the most popular pages, the conversion rate, viewing patterns or the number of clicks.
Furthermore the companies, which display advertisements on certain pages of the Website may also store and read cookies, which are governed by these companies’ own privacy policies. Likewise, the “share” buttons of social networks contain cookies that Qisimah does not control and which are subject to the policies of these social networks; these cookies may identify you, once your social network account is activated in your browser, without you even having to click on them. We advise you to carefully read the privacy policies of each of these social networks.
5.2. You may control and modify free of charge the implementation and installation of these cookies:
Qisimah is the owner of all elements (texts, images, photographs, sound, software, icons, graphics, layout, database, trademarks, logos, etc.) including structure and editorial content on the Service, all of which are protected by intellectual property law and notably copyright, trademark, data base rights, which Qisimah is the owner, assignee or licensee.
Thus, any reproduction, representation, adaptation, translation and/or transformation, in part or in full, or use of any element of the Service cannot take place without the express written prior consent of Qisimah.
Qisimah Audio Insights is the owner of the Qisimah trademark. Therefore any reproduction, imitation or use of the Qisimah mark is prohibited without prior written permission of Qisimah.
The data collected by Qisimah comprises on the one hand the data that you provide and on the other hand the information that is collected in an automated way. The creation on an Account involves the communication of personal data to Qisimah by Users. Users are informed that the refusal to disclose mandatory information during the registration process will impede the account creation and the use of some features.
Circumstances considered as cases of force majeure, are those usually accepted by the case law of the Court of Ghana.
Qisimah cannot be held liable to the User for any failure of the Service due to force majeure or individual acts by the User.
All Users can report, under the conditions prescribed by law, abusive content or an error relating to data or information, by clicking on the “Contact” link or by writing directly to the email address firstname.lastname@example.org.
All reports should allow Qisimah to identify the specific content and the reason for the report; Qisimah may, if necessary, request that the User provide details and all relevant supporting documents in order to assess the reported acts. The User undertakes to provide his full cooperation in this regard.
In the event where one of the provisions contained in these TOU is found to be illegal, invalid or unenforceable, for any reason whatsoever, it will be considered as though it had not been written and the other provisions of these TOU will remain in force and will continue to apply between Users and Qisimah.
These terms are governed by Ghanaian law. Failing an amicable settlement, any dispute relating to their validity, their interpretation or their execution falls to the Ghanaian courts.
The Service is accessible from the URL address http://www.qisimah.com and from any other address designated by Qisimah.
Provided by QISIMAH AUDIO INSIGHTS, a company incorporated under Ghanaian law, registered with the Registrar of Companies under no. CS103842018, with its registered office located at 19 Banana Street Ambassadorial Enclave East Legon (Ghana)