Privacy

Last updated: February 4, 2016

MuseAmi, Inc. (“Company”) respects your privacy, is seriously committed to protecting the privacy of its users (“Users”) and has published this Privacy Policy to explain how Company treats information you submit to Company. Please read this Privacy Policy carefully prior to (i) your downloading of and use of any of Company’s Applications for mobile devices (the “Apps”), (ii) your access to and/or use of the websites located at the domains managed by Company (the “Sites”) and (iii) your registration for or use of the Service (as defined in the Terms and Conditions of Use Agreement for the particular App or Site you are using [collectively referred to as the “Terms of Use”]). If you do not agree to abide by this Privacy Policy, please do not access or use the Sites, download or use the Apps or register as a Member (if applicable).

By submitting information to Company, either by using the Sites or Apps or by registering for or using the Service, you are accepting the practices described in this Privacy Policy and the applicable Terms of Use. This Privacy Policy is governed by the applicable Terms of Use, which includes all disclaimers of warranties and limitation of liabilities. All capitalized terms not defined in this Privacy Policy will have the meaning set forth in the applicable Terms of Use. Terms of Use.

1. SERVICE ELIGIBILITY

You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. By using the Service you agree that you are 18 years of age or older, or, if you are under the age of 18, that you have obtained parental consent prior to downloading any App, accessing any Sites or using the Service. We do not knowingly collect any information from persons under the age of 13.

If your access or use of the Service is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live, or if, for any reason and at any time, you do not agree with this Privacy Policy, please discontinue using our Service immediately.

2. INFORMATION WE COLLECT

You acknowledge that Company may collect and process information that could be directly associated with you without the aid of additional information, such as your full name, user name and password, phone number or e-mail address (“Personal Information”) as well as information that you submit, or that we collect, that is not Personal Information but necessary for the proper functioning of our Service, such as the date regarding the start and end and the extent of your usage of the Service and your preferences, your browser, operating system, IP address, clickstream data and unique device identifiers (“Demographic and Usage Data”), and recorded images and sound that are created in connection with your use of the MusicPal Service to enable us to evaluate the performance of MusicPal, in connection with the Service. Demographic and Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, or combine it with any information that may render it personally identifiable, we treat it as Personal Information.

You may allow the Service to interact with one or more third party social networks or platforms, which will provide data about you to us (“Platform(s)”). The information you allow Company to access varies by Platform, and it is affected by the privacy settings you and those that you are connected with establish using such Platforms. You can control and find out more about these settings through the Platforms directly. Platforms are operated, controlled and maintained by third parties that are not operated, controlled or maintained by Company. You should ensure that you read their terms of service and privacy policies to understand how they treat your data and what data they might share with us. By accessing the Service through a Platform, you are authorizing Company to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed the Platform could provide to Company through its Application Programming Interface.

Information collected by Company may be stored and processed in the United States or any other country in which Company or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country, where data protection laws may be different. Company makes no representation or warranty with respect to any duty to permanently store any Personal Information you may provide. By using our Service and, where applicable, providing us with Personal Information, you waive any claims that may arise under your own or any other local or national laws, rules or regulations or international treaties. We may, from time to time, transfer or merge your Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from our advertisers and promotional partners, as and if applicable. This Privacy Policy applies to your Personal Information for as long as your Personal Information is in our possession, even if you terminate or discontinue your use of an applicable Service.

3. CHANGING, UPDATING OR DELETING PERSONAL INFORMATION

You may change, update or delete any registration information you provide Company, if any, by changing your profile settings in applicable Apps. You may request a change to or update the Registration Data you provide directly to Company by contacting Company via email (please include in the subject line the words “Change in Registration Data”). You may also send us an email asking us to delete your account (please include in the Subject line the words “Delete My Account”). We will be happy to review, update or remove information as appropriate. We may still retain your information to resolve disputes, enforce our user agreement, or comply with legal requirements; in this case, your Personal Information will not be used for any other purpose.

4. USE OF PERSONAL INFORMATION

If and when it collects it, Company uses your Personal Information to identify you and to improve and customize the content you see via the Service. Your Personal Information may also be aggregated and used by Company for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use or any applicable rules, for other internal purposes, and as otherwise described to you at the time of collection. Company will obtain your consent for any use of your Personal Information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent.

You agree that Company may use Personal Information about you to analyze Site and App usage, improve or customize Company’s Service, customize the Service’s content, and as otherwise set forth in this Privacy Policy. You also agree that Company may use your Personal Information to contact you. Unless you specifically opt out, you also agree that Company may use your Personal Information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted advertisements, administrative notices, product offerings, and communications relevant to your use of the Apps, Sites or Service. By accepting the applicable Terms of Use and this Privacy Policy, you expressly agree to receive this information, unless you specifically opt out in applicable circumstances.

Any Personal Information or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) may become publicly available and may be collected and used by others. Your username or your Platform username may be displayed to other Users when you upload content or send messages through the Service. Any content that you submit to the Service may be redistributed through the Internet and other media channels, and may be viewed by the general public.

5. DISCLOSURE OF PERSONAL INFORMATION

Except as expressly provided herein, absent your prior consent, Company does not share your Personal Information with any unrelated third parties. Additionally, Company does not permit unrelated third parties to perform “reverse searches” whereby they could identify users from email addresses. In addition, the following describes some of the ways that your Personal Information may be disclosed in the normal scope of business to provide you with applicable Services:

Profile. Company may post certain information as a part of your User Profile, which will be viewable by other Users and visitors to the Sites, including but not limited to your username, age and location. Company will not disclose your home address, email address, phone number, or full name in connection with your User Profile.

Advertisers. Company may aggregate Personal Information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, Company does not disclose to these entities any information that could be used to identify you personally without your explicit consent.

External Service Providers. There are a number of separate services offered by third parties that Company refers to as external service providers that may be complementary to your use of the Apps, Sites or Service. If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their respective privacy policies. With your consent, and for your convenience, Company may provide some of your Personal Information to an external service provider offering such services. To prevent Company’s disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. Because Company does not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.

Internal Service Providers. Company may use third parties that Company refers to as internal service providers to facilitate or outsource one or more aspects of Company’s business, products and services that Company provides to you and, therefore, Company may provide some of your Personal Information directly to these internal service providers. In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.

Notwithstanding the foregoing, Company reserves the right, and you authorize Company, to share or disclose your Personal Information, including, without limitation, any content, records or electronic communications of any kind, when Company determines, in its sole discretion, that the disclosure of your Personal Information is necessary to identify, contact, or bring legal action against you if:

  • you are or may be violating applicable Terms of Use, this Privacy Policy or any applicable Company rules;
  • you are or may be interfering with Company’s or a third party’s rights or property;
  • you are or may be violating any applicable law, rule or regulation;
  • necessary or required by any applicable law, rule or regulation; and/or
  • requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency.

In addition, Company cannot ensure that all of your private communications and other Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example, without limiting the foregoing, Company may be forced to disclose Personal Information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access your transmissions or communications. Therefore, although Company uses industry standard practices to protect your privacy, Company does not promise, and you should not expect, that your Personal Information or private communications will always remain private. However, Company shall use reasonable commercial and legal efforts to protect its Users’ information and to maintain the privacy and anonymity of Members and Users.

In the event of a merger, acquisition, sale of substantially all of its assets or change of control of Company, Personal Information collected by Company about you will be considered a business asset and will be transferred to the applicable new entity.

6. NEWSLETTERS AND MARKETING COMMUNICATIONS

Company maintains a strict “no-spam” policy. If you register for the Service, you may receive Company’s newsletter, notices and/or special offers via email, unless you have requested otherwise at the time of registration or as set forth below.

You may unsubscribe from Company’s electronic newsletters, notices and/or special offers at any time by following the instructions contained at the end of every such email, or if a third-party vendor provides Company’s newsletter, in accordance with the instructions provided by such third party. While all efforts are made to insure this information is viewable in all email browsers, there may be cases where certain email browsers do not display the unsubscribe information correctly. If you are having problems unsubscribing please forward the entire newsletter to privacy@museami.com with the word “UNSUBSCRIBE” in the subject line and you will be removed within seven (7) business days. Please note that direct replies to any newsletter are processed by computer and are not always viewed by a human.

From time to time, Company may offer Users the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy. Company may publicize the identity and entries of the winners and other participants and may need to disclose Personal Information collected in connection with such promotions for prize fulfillment or tax purposes.

7. COOKIES

“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your hard drive. Company and third party advertisers may set and access cookies on your computer or mobile device to track and store preferential information about you. Company and third party advertisers gather anonymous information about their users through cookie technology on an aggregate level only. Such aggregated information is used within Company’s internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis.

8. WEB BEACONS

Web Beacons, also known as pixel tags and clear GIFs, (“Web Beacons”) are electronic images that allow websites to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web Beacons can recognize certain types of information, such as cookie numbers, time and date of a page view and a description of the page where the Web Beacons are placed. No Personal Information about you is shared with third parties through the use of Web Beacons on the Sites. However, through Web Beacons, we may collect general information that will not personally identify you, such as: Internet browser, operating system, IP address, date of visit, time of visit and path taken through the Sites.

Internal Use of Web Beacons. Company may use Web Beacons internally to count visitors and recognize visitors through cookies. Access to cookies helps Company personalize your experience when you visit the Sites.

Email. Company may include Web Beacons in HTML-formatted email messages that Company sends to you. Web Beacons in email messages help Company determine your interest in and the effectiveness of such emails.

External Use of Web Beacons. Company may also use Web Beacons externally. For example, Company may report aggregate information about visitors, such as Demographic and Usage Information, to its affiliates and other third parties. Company may also include other companies’ Web Beacons within the Sites.

9. AD NETWORKS

Company may allow third parties to display advertisements on the Apps, Sites or Service. Company and these third parties may use tracking technologies, such as cookies and Web Beacons, to collect information about users who view or interact with these advertisements and utilize the Apps, Sites and/or Service. Company, its partners and/or advertisers may use third party advertisement servers to serve or present the advertisements that appear on the Apps, Sites or Service and to conduct research about the advertisements. Any of these advertisement servers may collect Demographic and Usage Information. Company cannot control the activities of such advertisers or websites. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISEMENT SERVERS.

10. LINKS TO THIRD PARTIES

Company welcomes the submission of comments, information and feedback regarding the Apps, Sites and Service. However, Company does not want to receive certain kinds of information from you, including any health-related, confidential or proprietary information, without prior written consent of Company. Although Company does not regularly review your transmissions, submissions or postings, Company reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. You hereby acknowledge and agree that Company may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with the Terms of Use, this Privacy Policy and any applicable rules, and that Company shall have the unrestricted right to use such information for any purpose and without compensation to you.

11. TRANSMISSIONS, SUBMISSIONS AND POSTINGS

Company welcomes the submission of comments, information and feedback regarding the Apps, Sites and Service. However, Company does not want to receive certain kinds of information from you, including any health-related, confidential or proprietary information, without prior written consent of Company. Although Company does not regularly review your transmissions, submissions or postings, Company reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. You hereby acknowledge and agree that Company may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with the Terms of Use, this Privacy Policy and any applicable rules, and that Company shall have the unrestricted right to use such information for any purpose and without compensation to you.

12. SECURITY

Company takes a range of security measures designed to protect your Personal Information and keep it confidential (unless it is non-confidential by nature, for example, publicly-available information) and free from any unauthorized alteration. However, the internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. The complete security of any Personal Information collected, stored or used by us cannot therefore be guaranteed. If your account with a Platform is hacked, this may lead to unauthorized access to your Service account and viewing of your User content, so be careful to keep your Platform account information secure. In the unlikely event that an unauthorized third party compromises Company’s security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.

13. OTHER TERMS

To review other applicable terms and conditions that apply to this Privacy Policy, including, without limitation, intellectual property rights, disclaimer of warranties, limitation of liability and resolving disputes, please review applicable Terms of Use.

14. CHANGES TO THIS PRIVACY POLICY

Company reserves the right, at its sole discretion, to update, amend and/or change this Privacy Policy without prior notice and at any time. Updates to this Privacy Policy will be posted here. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued use of the Apps, Sites and Service following the posting of any such changes shall automatically be deemed your acceptance of all changes.

15. CHILDREN’S PRIVACY

Protecting the privacy of young children is especially important. For that reason, Company does not knowingly collect any Personal Information from children under the age of 13, nor does Company have any reason to believe that it does collect such Personal Information. Children under the age of 13 are not permitted to register for an account on the Sites, Apps or Service. If Company learns that it has inadvertently collected Personal Information about a child under 13, Company will delete such Personal Information as soon as reasonably possible. If you believe that we may have collected Personal Information about a child under 13, please contact us by sending an email to privacy@museami.com with the phrase CHILDREN’S PRIVACY in the subject line. Company will investigate all such emails as soon as reasonably possible.

16. SPECIAL NOTE TO INTERNATIONAL USERS

The Sites are hosted in the United States. If you are a User accessing the Sites from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Sites, which is governed by U.S. law, this Privacy Policy, and our Terms of Use, you are transferring your Personal Information to the United States and you consent to that transfer.

17. IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY

In the event that Company is acquired by or merged with a third party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our Users and Members as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used.

18. QUESTIONS OR CONCERNS

If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us via any of the methods set forth below:

Via mail: MuseAmi, Inc., 100 Canal Pointe Boulevard, Suite 117, Princeton, NJ 08540
Via email: privacy@museami.com
Via telephone: 609-917-3000