Ad-Duha Institute, Inc.
Terms of Use & Copyright Agreement
Ad-Duha’s mission is to help Muslim families provide their children with quality Islamic materials. Therefore, we ask that our customers help us as well by adhering to the following policies. These policies are intended to protect the intellectual property (i.e. online, print and software media) of Ad-Duha.
It is only through the blessings of Allah, and the support of families like your own, that Ad-Duha will be able to continue to serve the Ummah, and Allah knows best. As Allah and His messenger have taught us...
“The Believers, men and women, are protectors one of another...”
(Qur’aan 9:71)
The Messenger (peace be upon him) said about buying and selling: "The two participants in a sale have a choice (to affirm or cancel the sale), so long as they do not separate from each other. So if they are truthful and mention all necessary details, then they will be blessed in their sale. But if they lie and cover things up, then the blessings of their sale will be eliminated."
(Sahih Bukhari and Muslim)
Table of Contents:
Commitment to Your Privacy
Information Gathered
Children
Use of Information
Security
Opt-Out Policy
Your Consent
Noncommercial Use
Commercial Use
Derivative Works
Idea/Suggestion Contribution
Fatwa (religious verdict) on honoring copyrights
Use of the Ad-Duha web sites signifies that you have read, understood and agreed to the following.
Access to and use of any Ad-Duha site (www.ad-duha.org, Ad-Duha FreeZone or any other site hosted by Ad-Duha Institute at present or in the future, collectively known as "Ad-Duha") is provided by Ad-Duha Institute, Inc. subject to the following terms:
By accessing and using Ad-Duha you agree to be legally bound by these terms, which shall take effect immediately on your first use. If you do not agree to be legally bound by all of the following terms please do not access and/or use any Ad-Duha site.
Ad-Duha may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes that have been made. Your continued use of any Ad-Duha site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
You agree to use Ad-Duha only for the express purpose of seeking information on the Ad-Duha program. You agree not to use Ad-Duha for any unlawful purpose or in any way that infringes on any other persons use of Ad-Duha.
Ad-Duha does provide links to third party sites on its web sites. These links are included in order to offer users more information, services, and materials that Ad-Duha believes will be beneficial. However, Ad-Duha does not have control over the third party sites, does not guarantee these sites or their content, and by placing their link on our site we in no way are endorsing the site or its contents.
DISCLAIMERS AND LIMITATION OF LIABILITY
Ad-Duha content is provided in an "AS IS" and on an "AS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, security and/or accuracy.
Ad-Duha cannot be held liable for any loss incurred to a user through the use of its web site or its materials. Ad-Duha does not give any warrantee either expressed or implied as to the fitness of its services, information, or materials for specific purposes. We do not guarantee that our web sites, products, services, and /or materials are free of any errors or viruses.
Because we gather certain types of information about our users, we feel you should fully understand the terms and conditions surrounding the use of that information. This privacy statement discloses what information we gather and how we use it.
Information that we collect is provided through optional, voluntary form submissions (i.e. e -mail address, mailing address, name, etc.). These are voluntary submissions we receive from users requesting information from Ad-Duha. The information required for the form is used to fill the users request only.
Under no circumstances does Ad-Duha Institute divulge any information about an individual user to a third party except in reference to fulfilling the users request for information, services or to purchase materials (i.e. we use your mailing address to ship materials via UPS or use your e-mail address to send a bill through Paypal).
Ad-Duha does transmit its forms through service providers (Yahoo.com) and like any communication that is transmitted over the web, there is a possibility that the information could be intercepted by a third party without the knowledge of Ad-Duha. Ad -Duha cannot guarantee that such interception will not occur. Therefore, if you do not feel comfortable submitting your information online, you may contact Ad-Duha (support@ad-duha.org) and request that all information transfers be via standard mail.
Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
Ad-Duha uses any information voluntarily given by our users, only to meet the specific requests of the user (i.e. respond to a contact us message or provide information by standard or e-mail).
Ad-Duha never shares mailing lists with third parties, including advertisers, sponsors or partners.
We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
Ad-Duha utilizes secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.
We give users options wherever necessary and practical. Such choices include:
- Opting not to register to receive our electronic communications.
- Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users.
By using this site, you consent to the collection and use of this information by Ad-Duha. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.
You are encouraged to print and download portions of material from the different areas of the Ad-Duha site solely for your own noncommercial use provided that you agree not to change or delete any copyright and/or Ad-Duha logo from the materials.
Ad-Duha does not allow the reposting of any of its content on other sites on the Internet (i .e. including web sites, blogs, forums, newsgroups or any other format, private or public networks, that exist now or in the future), except in the case of a specific licensing agreement for that purpose.
You may not modify, copy, change, alter, reproduce, republish, upload, post, in any manner, or make derivative works from Ad-Duha materials. You may not use or distribute the materials on this site except as stated above. Content is defined as any images, text, documents, formats, web pages, web designs, source code, software, in short anything at all that is on, or accessible from, any part of any Ad-Duha site/s.
If you want to use any content produced by Ad-Duha for anything other than your own private information, even if you receive no monetary benefit from it, you must contact us (webmaster@ad-duha.org) and request permission to do so.
If you would like to use Ad-Duha materials in your school (in whole or in part, for example textbooks or copying worksheets for use in the classroom) or to sell books and materials that are produced by Ad-Duha, please contact us (webmaster@ad-duha.org) to discuss your proposal. Ad-Duha will consider all ideas, suggestions and partnerships insha-Allah. No company, school, organization, or individual may resell or distribute Ad-Duha materials, books, software, curricula,) and/or web site content without the written consent of Ad-Duha.
If you use Ad-Duha content, products and/or services to produce a derivative work (i.e. for example a syllabus based on the Ad-Duha curriculum but rearranged in different manner, or worksheets that use Ad-Duha illustrations or format) whether offered for commercial sale or not, will be considered a breach of the Ad-Duha copyright and intellectual property rights. If you are in doubt as to what Ad-Duha allows in reference to the production of derivative works please contact Ad-Duha (webmaster@ad-duha.org) for clarification based on your specific situation.
From time to time users may want to send suggestions or ideas to Ad-Duha to help improve our services and products. We welcome all suggestions for improvement and ideas for new products. However, if you submit an idea or a suggestion you agree to the following:
- The idea/suggestion is your own and is not the intellectual property of anyone else.
- You acknowledge that you will not claim royalties, copyright, intellectual property rights, recognition or reimbursement of any kind if Ad-Duha uses your idea or suggestion.
- You acknowledge that Ad-Duha will have sole and complete copyright over the idea or suggestion once you have submitted it. This will be the case whether the idea/suggestion is used at the time of submission or at some time in the future.
If you do not feel comfortable with these conditions please do not submit your idea or suggestion to Ad-Duha.
Ad-Duha receives ideas/suggestions from users all over the world. If an idea, material, product or anything produced by Ad-Duha resembles an idea that you had, but did not submit to Ad-Duha, this resemblance is entirely coincidental and you may not claim royalties, copyright, intellectual property rights, recognition or reimbursement of any kind if Ad-Duha for coincidental similarities
Ad-Duha strictly enforces the copyrights of others and makes every reasonable effort to avoid breaching any copyright or intellectual property rights. Ad-Duha has a policy of giving credit for ideas/materials where and when appropriate. If you believe that Ad-Duha has broken any copyright or intellectual property rights, please contact us to resolve the issue (webmaster@ad-duha.org).
FATWA (RELIGIOUS RULING) REGARDING COPYRIGHTS AND THE SALE OF PRODUCTS TEACHING ISLAMIC KNOWLEDGE
Some customers have contacted Ad-Duha in the past with questions regarding copyrights, particularly in reference to the sale of products teaching Islamic knowledge.
We understand the confusion that may surround this issue, therefor we have posted the decisions of the scholars (Fatwa) on these issues so that these matters can be understood based on a correct understanding of the Sharee'ah (Islamic Law).
The Fiqh Council of the Muslim World League
Makkah al-Mukarramah
The author and inventor should have rights with regard to that which they have written and invented, and this right is something that belongs to them according to Sharee'ah. It is not permissible for anyone to take it away from them without their permission...
Similarly neither the publisher with whom the author makes a deal nor anyone else has the right to change any of the books content or to change anything else without the authors consent.
The Islamic Fiqh Council in Jeddah,
belonging to the Organization of the Islamic Conference
Trade names, company names, trademarks, writings and inventions are all the copyright of their owners or authors, which in modern practice have acquired monetary value. These rights are respected by Sharee'ah and it is not permissible to transgress against them. The owner of these rights has the right to dispose of them and no one should transgress against them.
The Standing Committee for Academic Research and Issuing Fataawa
Kingdom of Saudi Arabia
It is not permissible to make copies of programs (software) whose authors have forbidden the making of copies without their permission, because the Prophet (peace and blessings of Allaah be upon him) said: "The Muslims are bound by their conditions." And he (peace and blessings of Allaah be upon him) said: "Whoever reaches a permissible thing first (i.e. the author/inventor) has more right to it."
Fatwa from Shaykh Ibn Uthaymeen (may Allaah have mercy on him)
In regard to the permissibility of breaking a copyright: If the authorities (government or international law for example) forbid that (breaking the copyright), then it is not permissible, because Allaah has enjoined us to obey those who are in authority, except it if involves disobedience to Allaah, but banning the copying of these things is not disobedience to Allaah.
Shaykh Bakr ibn Abd-Allaah Abu Zayd (may Allaah preserve him)
Fiqh al-Nawaazil, 2/101-187
There is nothing wrong with making copies of useful tapes and selling them, or making copies of books and selling them, because that is helping to spread knowledge, unless their authors have stated that this is not allowed, in which case their permission must be sought.
Islamic Fiqh Council
(concerning the sale of products containing Islamic knowledge)
Undoubtedly the authors of these tapes and CDs have expended time, effort and money to produce them, and there is nothing in Sharee'ah to indicate that they should not take the profits that result from this work. The one who transgresses against their rights is wronging them and consuming their wealth unlawfully.
Shaykh Muhammad Baazmool
Umm Al-Quraa University in Makkah
In regards to copyrighted material being posted on the internet without the authors knowledge: The answer to this is found in what I have already said, since this action of his is a kind of transgression against the intellectual property rights (copyrights) of his Muslim brother. And this action of his is similar to stealing, as this is stealing intellectual property rights (copyrights), and stealing as defined in the Sharee'ah is taking things that are valued at a quarter of a deenaar (coin, or unit money, used at the time of the prophet) or more. I say that it is upon the one who has done this action to hide this material (ie. by removing the page), seek permission from the owner, and not publish it until after this permission is obtained.
In regards to those who make derivative works based on the original without permission: And if he has taken some liberties with this material, making changes to it, and has acted with tadlees (deception), then this is a crime that he has committed against the owner of this material, and a transgression against the brother who did the work of translating the material and making footnotes to it, and has done an action that is not permissible.
And no doubt, the people of wara', the people of the Religion, the people of taqwaa are keen to do things in a way to achieve (barakah) blessings. And blessings do not come in a thing done in this manner. So if information is being taken in this manner, then it will be void of any blessing.
And it is upon all of us to work hard to teach the people these affairs. And every person should respect the rights of others, so that this kind of affair does not take place, as it is a form of transgression against the rights (of the people). Islam calls to the preservation of these kinds of rights, to uphold them, and to not transgress (against others) or commit crimes like these, and Allaah knows best. (end quote)
For the full text of these rulings and more information on this issue please see...
http://www.bakkah.net/interactive/q&a/aamb080-copyrights-translations-intellectual -property.htm
http://www.islamqa.com/en/ref/52903
http://www.islamqa.com/en/ref/81614
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
We take Allah as witness in all of our affairs. May He grant us benefit from what is good in it and protect us from any harm in it. This agreement forms a contract between Ad-Duha and the customer. This contract must be honored in all aspects (to the best of our ability) as Allah has instructed us....
"...Disdain not to reduce to writing (your contracts/agreements) for a future period, whether it be small or big: it is more just in the sight of Allah, more suitable as evidence, and more convenient to prevent doubts among yourselves..."
(excerpt from verse 282 of Suratul-Baqarah)
"It is not righteousness that you turn your faces towards east or west; but it is righteousness- ....to fulfill the contracts which you have made..."
(excerpt from verse 177 of Suratul-Baqarah)
© 2009 Ad-Duha Institute Inc.
Any right not specifically mentioned in these terms of use is reserved by Ad-Duha Institute.
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