Privacy Policy

Privacy Policy

Privacy Policy 

Effective Date: March 1st, 2015. 

At Music for Aardvarks we recognize that privacy is important. This Privacy Policy ("Policy") applies to your use of the Music for Aardvarks applications on all platforms (the "Application" or "Applications"), the related services we provide ("Services") and the Site. 

Music for Aardvarks has created this Policy to explain our privacy practices so you will understand what information about you is collected, used and disclosed with respect to the Applications, the Services and the Site.

By using any Application, the Services or the Site, you consent to the privacy practices described in this Policy. 

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Policy at any time. You can find the most recent version of this Policy at http://www.musicforaardvarks.com/privacy-policy , with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof on the Site. Therefore, we encourage you to check the date of this Policy whenever you access or use an Application, the Services or the Site to check if this Policy has been updated. You must review this Policy on a regular basis to keep yourself apprised of any changes. If you do not agree to any modifications to this Policy, your sole recourse is to immediately stop all use of all Applications, the Services and the Site. Your continued use of any Application, the Services or the Site following the posting of any modifications to this Policy will constitute your acceptance of the revised Policy. Should you have any questions regarding this Policy, please contact us at the contact information listed at the end of this Policy. Please note that none of our employees or agents has the authority to vary any of our Policies.

This Policy covers our collection, use and disclosure of your information through the Applications, the Services and the Site. It does not cover any collection, use or disclosure by third parties through any applications, Web sites, products or services that we do not control or own, such as Facebook, or any third party features or services made available via an Application, the Services or the Site. All trademarks, trade names, and logos of third parties featured on the Applications or the Site belong to their respective owners.

1. WHAT KIND OF INFORMATION WE COLLECT
Personal Information. We do not collect Personal Information. "Personal Information" is information that identifies you or another person, which may be transmitted or received when you use an Application, the Services and/or the Site. Personal Information includes your geographic location information, names, physical addresses, email addresses, telephone, fax and other device numbers, social security numbers, calendar entries stored within your Device, contact entries stored within your Device, files, content, photographs, location information and other metadata in photographs and other information you transmit or receive using an Application, the Services, and/or the Site which identifies you or another person. Personal Information also includes information about you or others that may be accessed by our system directly from your Device, including from your address book, location, photos or contacts folder, in order to enable certain features of an Application or the Services, such as the feature that finds and suggests mutual friends and other individuals who you may know. Unless you have elected to opt-out of providing your geographic location information, the Applications may use and store information related to the geographic location of your device and combine this information with other Personal Information to provide certain services, whether or not the Application is active.

Non-Personal Information. We collect Non-Personal Information. "Non-Personal Information" is information that does not identify you or any other individual, and includes Session and Usage Data, Log Data and Aggregate Information, each as described below.

Session and Usage Data. "Session and Usage Data" is information about your use of an Application, the Services and/or the Site and includes, without limitation, connection and service-related data submitted to us through your use of an Application, the Services or the Site. Session and Usage Data includes information relating to the connection request, server communication and data sharing, including network measurements, quality of service, and date, time and location of the bump. We also may aggregate Session and Usage data as described in Aggregate Information below. Please note that Session and Usage Data does not include any Personal Information nor does it include Content you may transmit or share through the use of an Application (such as photos, contacts, calendar appointments, etc.), the Services, or the Site.

Log Data. When you interact with us or use an Application, the Services or our Site, our systems may automatically collect your unique User Device number, the IP address, type of browser or operating system you use, and the dates and times of your use ("Log Data").

Aggregate Information. "Aggregate Information" is data we collect about a group or category of services or Users from which individual User identities have been removed. In other words, information on how you use the Applications, the Services and the Site may be collected and combined with information about how others use the Applications, the Services and the Site, but no personally identifiable information will be included in the resulting Aggregate Information. Aggregate Information helps us understand trends in our Users' needs so that we can better consider new features or otherwise tailor the Applications, the Services and the Site.

2. HOW WE USE YOUR INFORMATION
Personal Information. Since we do not collect Personal Information, we may not use your Personal Information in any way.

Non-Personal Information. We may use Non-Personal Information for any purpose, including for our own internal purposes; to measure traffic patterns; to understand demographics, customer interest, and other trends among our Users; to provide, improve and modify the Applications, Services and the Site; and for promotion and marketing purposes. We do not combine Non-Personal Information with Personal Information (such as combining your name with your unique User Device number). 

3. HOW YOUR INFORMATION MAY BE DISCLOSED
Personal Information. In general, we use Session and Usage Data internally to serve our Users and enable them to take maximum advantage of the Applications, the Services and the Site. We do not store Personal Information and therefore we do not disclose your Personal Information:

Non-Personal Information. We may disclose Non-Personal Information for any purpose. We do not combine Non-Personal Information with Personal Information 

4. THIRD-PARTY SITES
In general, the Applications, the Services and the Site access third party information (such as your Facebook account information) through application interfaces. We may provide links to third-party Web sites, such as Facebook, as a service to our Users. The Site may also carry advertisements from other companies. When you click on links of third parties in an Application, the Services or the Site, you may leave the Application, the Services or the Site. Some of these third party sites may be co-branded with our name/logo or our affiliated entity's name/logo, even though they are not operated or maintained by us. This Policy does not address, and we are not responsible for, the privacy practices of Web sites operated by third parties, whether they are linked to or otherwise accessible from an Application, the Services or the Site. The inclusion of a link or accessibility of third party Web sites does not imply endorsement of such third party Web site by us. 

Although we don't collect any Personal Information, 

the Applications, the Services and the Site use third party services, which may do so. These services are: 

This Policy only covers our collection, use and disclosure of your information through the Applications, the Services and the Site. It does not cover any collection, use or disclosure by third parties through any applications, Web sites, products or services that we do not control or own, such as Facebook, or any third party features or services made available via an Application, the Services or the Site. We shall not be liable for the collection, use and disclosure of your Personal Information by any third parties.

5. USERS WITH WHOM YOU SHARE YOUR INFORMATION
We cannot control the actions of other Users with whom you share your information. We cannot, and do not, control the information you share with other Users using an Application, the Services or the Site (including via Forums) or how such other Users will use or share such information. We are not responsible for third party circumvention of our security measures.

6. SECURITY
Music for Aardvarks is very concerned about safeguarding the confidentiality of your information. We do not collect Personal Information, and we employ administrative, physical and electronic measures designed to protect your Non-Personal Information from unauthorized access and use. Please be aware that no security measures that we take to protect your information is absolutely guaranteed to avoid unauthorized access or use of your Non-Personal Information or is impenetrable.

7. INTERNATIONAL USERS
Your Personal Information may be stored and processed in any country where we have facilities, and by using an Application, the Services or the Site you consent to the transfer of your Personal Information to countries, including the United States, which may be outside of your country of residence and may provide for different and less stringent data protection rules than in your country. If you object to your Personal Information being transferred or used as described in this Policy, please do not use any Application, the Services or the Site and immediately delete all Applications from your User Devices.

8. SENSITIVE INFORMATION
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organizations, including trade union memberships) on or through an Application, the Services or the Site or otherwise to us.

9. CONTACTING US / REPORTING VIOLATIONS
If you have any questions or comments about this Policy or our privacy practices, or to report any violations of the Policy or abuse of an Application, the Services or the Site, please contact us at  privacy@musicforaardvarks.com 

End User License Agreement (EULA) 

READ THIS AGREEMENT CAREFULLY BEFORE USING THIS MOBILE APP. MUSIC FOR AARDVARKS WILL ONLY LICENSE THE MOBILE APP WITH WHICH THIS LICENSE AGREEMENT HAS BEEN ASSOCIATED (THE “APP”) TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT, ACCESSING OR USING THE APP. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APP.

This End User License Agreement (“Agreement”) is between Music for Aardvarks and you and governs your use of any App from Music for Aardvarks that you access and/or download for use in an iPhone®, iPad®, Android®, BlackBerry® or other similar mobile environment for which Music for Aardvarks makes the App available (“Mobile Platform”). 

1. Acceptance of Terms and Conditions; Charges
By accessing, downloading and/or using the App, you acknowledge having read and understood, and you hereby agree, to be bound by and comply with these terms. If you do not agree to these terms, you must not install or use the App. The App is protected by law, including, but not limited to, the copyright laws of the United States and other countries as well as other laws protecting intellectual property, and international treaties.

You may incur network or data charges, roaming charges or other costs or fees when you download or use the App or certain of its features, such as location-based services like store locators (“Network Charges”). Music for Aardvarks has no liability to you for any of Network Charges.

2. License Grant
The term “App” includes the mobile applications computer programs (software) that you access and/or download, and associated data and information (including any updates and revisions) available to you. With limited exceptions with respect to software or elements of the App that Music for Aardvarks has licensed from third parties, the App is owned by Music for Aardvarks. The App is licensed, not sold, to you. Music for Aardvarks considers the App to be its confidential and proprietary information.

Subject to the terms of this Agreement, Music for Aardvarks grants you a limited, revocable, terminable, nonexclusive license to use the App solely as described in this Agreement, and solely on the Mobile Platform for which the App was specifically designed by Music for Aardvarks. Music for Aardvarks may, in its sole discretion, make available to you updates to the App and related data and information, but has no obligation to do so; any updates provided by Music for Aardvarks are subject to the terms of this Agreement. Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or other intellectual property right of Music for Aardvarks or any of its licensors.

3. License Limitations
You must not copy, modify, transfer, rent, lease, sublicense, assign, reverse assemble, reverse compile or create derivative works of the App; nor may you disclose the App to third parties, nor may you access, download or use the App in any environment or any platform other than a Mobile Platform for which it was designed. You must not attempt to derive any confidential information, processes, data or algorithms from the App. To the extent any of the foregoing restrictions on reverse engineering, decompiling or other use of the App are not enforceable under applicable law, then the restriction will apply to the greatest extent consistent with applicable law. Further, you will not engage in such activities unless you first give Music for Aardvarks advanced written notice of your intended action, and you agree to allow Music for Aardvarks to provide you any relevant assistance or information that might obviate the need for such action. Music for Aardvarks reserves the right to modify the App and related data and information at any time, and to change its functionality. You acknowledge and agree that Music for Aardvarks retains sole ownership of all intellectual property rights in the App, Music for Aardvarks Products and related information, including but not limited to patent, copyright, trade dress, trade secret, and trademark rights.

4. Termination of License Rights
This Agreement and the license granted to you will terminate automatically upon your breach of this Agreement. Music for Aardvarks may terminate your license rights, and/or may stop offering the App, data and/or information, at any time for any reason without notice and without liability. Upon any termination, you agree to cease all use of the App and to remove the App from the Mobile Platform(s).

5. Protection of Confidential Information
You agree to hold all Confidential Information in confidence indefinitely. "Confidential Information" shall mean the App and any and all information, technology, algorithms, data, specifications, designs, constructions, techniques, formulae, materials, and manufacturing processes of Music for Aardvarks or concerning Music for Aardvarks Products, except information that is: published or otherwise becomes part of the public domain through no act or omission by you; received by you from a third party who is legally in possession of the information and not under an obligation of confidentiality with respect the information; or, was already in your possession, with no duty of confidentiality attached thereto, prior to its receipt from Music for Aardvarks, as evidenced by written records. This obligation of confidentiality shall survive termination, cancellation, or expiration of this License Agreement.

6. Trademarks and Copyrights
The trademarks, service marks, and logos (the "Trademarks") used and displayed in the App are registered and unregistered Trademarks of Music for Aardvarks and others. Nothing in this Agreement or the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of the Trademark owner. Trademarks of Music for Aardvarks may not be used in any way without prior written permission of Music for Aardvarks. The copyrights in the App and all data and information provided in connection with the App are held by Music for Aardvarks or by the original creator. Except as stated herein, none of the App, data or information may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Music for Aardvarks or the copyright owner.

7. NO WARRANTY; DISCLAIMER
MUSIC FOR AARDVARKS DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE APP, INFORMATION AND/OR DATA WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE MUSIC FOR AARDVARKS USES REASONABLE EFFORTS TO USE ACCURATE AND UP-TO-DATE INFORMATION AND DATA IN AND IN CONNECTION WITH THE APP, THE DATA AND OTHER INFORMATION ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MUSIC FOR AARDVARKS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF EVERY KIND AS TO THE APP, DATA AND OTHER INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, OTHER VIOLATION OF RIGHTS, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. MUSIC FOR AARDVARKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE APP, DATA OR OTHER INFORMATION, AND YOU SHALL BE SOLELY RESPONSIBLE FOR THE RESULTS, USE, EFFICIENCY AND SUITABILITY OF THE APP, DATA AND INFORMATION.

8. LIMITATION OF LIABILITY
IN NO EVENT SHALL MUSIC FOR AARDVARKS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE APP OR RELATED DATA AND INFORMATION, EVEN IF MUSIC FOR AARDVARKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MUSIC FOR AARDVARKS BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM: (A) ANY FAILURE OF THE APP, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA; (B) DELAY IN THE DELIVERY OF THE APP; (C) THE PERFORMANCE OF SERVICES RELATED TO THE APP; (D) INACCURACY OF THE DATA OR INFORMATION, (E) ANY UPDATES OR CHANGES TO THE APP, DATA AND/OR INFORMATION, AND/OR (F) CLAIMS REGARDING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT OR NEGLIGENCE.

9. Certain Third Parties and Additional Terms
The company or companies that make the Mobile Platform available to you (e.g., Research In Motion Ltd., Apple, Inc., Google, Inc., etc.) are made express third party beneficiaries (“TPBs”) to the terms of this Agreement and all limitations and disclaimers provided herein. By downloading, installing or using the App, you acknowledge and agree that none of the TPBs has liability to you under any theory, including contract, tort, strict liability or otherwise, for your downloading, installation or use of the App or any data that you receive from or provide through the App. 

10. Entire Agreement; Updates
This Agreement contains the entire agreement of the parties with respect to the App. It supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. Music for Aardvarks reserves the right to update and/or change the terms and conditions of this Agreement at any time. Music for Aardvarks will make updated and/or changed terms and conditions available to you by posting them on Music for Aardvarks website. Your continued use of the App constitutes your agreement to the updated and/or changed terms and conditions. If you do not agree to the updated and/or changed terms and conditions, you will not be able to continue use of the App. 

11. Contact
If you have any questions about the App or this Agreement, you can contact us at privacy@musicforaardvarks.com

 

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