Terms of Service
These Terms of Service apply to all users of the MusicSketch App. We may make changes to our Terms of Service from time to time. If we do, we will notify you by revising the date below. We highly recommend that you check these Terms of Service regularly. Unless otherwise noted, any amended Terms of Service that are posted here will be effective immediately, and your use of the Services will confirm your acceptance of the changes. If you do not agree with the changes, please stop using our Services immediately. This is the most current version of these terms, dated 27 April 2022.
1. Welcome to MusicSketch The MusicSketch App is a platform which allows you to create, edit and share your own music score. The most current version of the MusicSketch App is available for download from the Apple App Store (the “Service(s)”). 2. Your Agreement with MusicSketch 2.1. This document and any documents referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us at support@MusicSketchapp.com. 2.2. By setting up an account with Us or using and accessing the Service you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access or use the Service. 2.3. Choice of Law and Contracting Entity. Your relationship is with MusicSketch, LLC, a Limited Liability Company formed in the State of Delaware (“MusicSketchApp”, “MusicSketch”, “We”, “Our”, or “Us”), and these Terms of Service are governed by the laws of the State of California, U.S.A., unless preempted by U.S. federal law, without regard to conflict of law rules. The courts of the State of California shall have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. 3. Privacy/Information about you 3.1. Your privacy is important to Us. You should read our Privacy Policy to understand how we collect, use and share information about you. Our Privacy Policy can be found here: __________ 3.2. You agree not to collect, process, enter or store any Personal Information using our Services. “Personal Information” includes, but is not limited to, your financial information, sexual preference, medical/health information, biometric data, personal information of minors, and any additional information that would and/or should be included within this definition, as such may be used in applicable data protection or privacy laws. 3.3. You must be 13 years or older and capable in your country of residence of entering into a legal binding agreement to use Our Service. If you are younger than 13 years old, then your parent or legal guardian must consent to your use of the Service. 3.4. You are responsible for maintaining the confidentiality of your Account and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact Us at support@MusicSketchapp.com. 4. Your right to use the Service 4.1. The materials and content comprising the Service (excluding all User Content) belongs to us and we give you permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms of Service. 4.2. Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the Service. 4.3 Subject to your compliance with these Terms of Service and all applicable laws, you may access and use the Services that we make available, and that you license from us. As long as all applicable fees are paid, your license(s) will automatically renew at the end of your applicable term, for the same duration as your previous term. The version(s) of the Service available at your renewal date may be different from the version(s) available when you first purchased your license(s) from us. You agree that your decision to use or purchase our Services is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features. 4.4 You agree that you have no rights in or to the MusicSketch App or any portion of the Service other than the right to use them in accordance with these Terms of Service. We (and our licensors) remain the sole owner of all right, title, and interest in the Services. Except as stated in these Terms of Service, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services. Other than as allowed in these Terms of Service you are not given a right to use the “MusicSketch” or “MusicSketchApp” name, or any of the “MusicSketch” trademarks, logos, domain names and other distinctive brand features. We reserve all rights not granted hereunder. 4.5 We recommend that you back up your music scores (by saving as a .pdf) regularly, in a separate location. We may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account. At the end of your license term, we will use commercially reasonable efforts to allow you to transition your music scores out of the Services. The transition must be completed within 30 days from the date of the termination or expiration of your license term. At the end of this 30-day transition period, we reserve the right to delete your music scores, with no further liability to us. You should download any music scores that you have stored in the Services before your license ends. 4.6 As part of our Service, we allow you to download our application (including any updates) from the App Store (our “Application”) for use on your mobile device for the sole purpose of accessing and using our Service in accordance with these Terms of Service and we grant you a non-exclusive, personal, non-transferable license for this sole purpose. 4.7 Unless allowed by these Terms of Service and as permitted by the functionality of the Service, you agree: (a) not to copy our Application or any portion of the Service; (b) not to give or sell or otherwise make available our Application or any portion of the Service to anybody else; (c) not to change our Application or any portion of the Service in any way; (d) not to look for or access the code of our Application or any portion of the Service that we have not expressly published publicly for general use. 4.8 The Services may include third-party services and software, and you are responsible for complying with any and all third-party terms that apply. Any access to third-party services and software is provided for convenience only, and MusicSketch has no responsibility for such third-party services and software. 5. Renewal/Cancellation 5.1. Your subscription to the Service will auto-renew at the end of the subscription period. If you do not want your subscription to auto-renew, follow the instructions in our Cancellation Policy, available at: Link to Website with Cancellation Instructions. 5.2. You may cancel your subscription to the Service at any time. Please read the following instructions in your Cancellation Policy: Link to Website with Cancellation Instructions. 6. The MusicSketchApp Service 6.1. MusicSketch App is a platform that allows you to create, share and collaborate on music scores as permitted by the functionality of the Service. 6.2. We may from time to time introduce/provide social features on MusicSketchApp such as social networking services where users can create online personal profiles and interact with other users. 6.3. Any use of the MusicSketchApp social features should comply with our Acceptable Use Policy below. 6.4. We do not oversee, monitor or moderate any social features we provide (now or in the future) although we may remove content in contravention of these Terms of Service as set out below. If we decide to moderate a social feature, we will make this clear before you use the feature and normally provide you with a means of contacting the moderator, should a concern or difficulty arise. 7. User Content 7.1. You confirm that music, sounds, text or information that you make available or create (“User Content”) whilst using the Service will meet the Acceptable Use Policy. 7.2. We do not claim ownership in your User Content. (a) If you choose not to share your creations (ie. keep your User Content “private”), we need a specific license to host your User Content, make sure it is available to you when you want it, make sure it works with the Services and to improve our Service. In this case, you grant us a worldwide, nonexclusive and royalty-free license to use, reproduce, adapt, reformat, modify, translate, license and sub-license the User Content anywhere and in any form only for the purpose of providing our Service. (b) If you choose to share your creations, (ie. make your User Content “public”), we need a specific license to host your User Content, make sure it is available to you when you want it, make sure it works with the Services, to improve our Service and so that you can share it with the wider MusicSketch community and on social networks. In this case, you grant us a worldwide, nonexclusive and royalty-free license to use, reproduce, distribute, adapt, reformat, modify, publish, translate, license, sub-license, and exploit the User Content anywhere and in any form only for the purpose of providing our Service (including allowing other users and other visitors to MusicSketch to view your User Content). 7.3. Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy: Link To Privacy Policy. 7.4. We do not check or moderate any User Content before it is added to the Service by users. We may later check, moderate, reject, refuse or delete any User Content if anybody objects to it, or we think that it violates our Acceptable Use Policy. 8. Acceptable Use Policy 8.1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Acceptable Use Policy”). 8.2. When using the Service, you must not: (a) circumvent, disable or otherwise interfere with the integrity of, or any security related features of the Service, or features that prevent or restrict use or copying of the content accessible via the Service; (b) create more than one account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your account on the Service); (c) give any false or misleading information in your account details; (d) impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to Us, if this is not the case; (e) permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorized by you; (f) use the Service if We have suspended or banned you from using it; (g) send junk, spam or repetitive messages to or through our Service; (h) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property; (i) modify, interfere, intercept, disrupt or hack the Service; (j) misuse the Service by knowingly introducing, accessing or transmitting viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment; (k) collect any data from the Service other than in accordance with these Terms of Service; (l) submit or contribute any content that contains nudity or violence or is abusive, harmful, threatening, obscene, misleading, untrue or offensive; (m) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties; (n) use any User Content in violation of any licensing terms specified by the owner; (o) submit or contribute any information or commentary about another person without that person’s permission; (p) threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or (q) use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the Service in a manner that send more request messages to the Service than a human can reasonably produce in the same period of time. 8.3. Failure to comply with the Acceptable Use Policy constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use our Service; (b) immediate, temporary or permanent removal of any User Content; (c) issuing of a warning to you; (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary. 8.4. The responses described in section 8.3. are not limited, and we may take any other action we reasonably deem appropriate. 9. Notice/Infringement/DMCA Policy 9.1. We respect the intellectual property rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millenium Copyright Act (“DMCA”). Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Acceptable Use Policy. The Infringement Notice should be sent either by post to _______________ or by email to DMCA@MusicSketchapp.com. Please provide the information described below in the Infringement Notice:
10. Fees 10.1. The fees for the Service are set forth in the Apple App Store (the “Fees”). 10.2. On signing up to the Service, you will provide the Apple App Store with valid, up-to-date and complete credit or debit card details. You are responsible for keeping your credit or debit card details up-to-date. 10.3. If the Apple App Store is unsuccessful in charging your credit or debit card and they have exhausted their normal collection notice periods and collection attempts, they may, without responsibility to you, suspend or temporarily disable all or part of your access to the Service and we shall be under no obligation to provide any or all of the Service while the Fees concerned remain unpaid. 10.4. All amounts and Fees stated or referred to in these Terms of Service are exclusive of any taxes (if applicable) unless otherwise expressly stated which shall be paid at the same time as payment of the Fees. 11. Ending our relationship 11.1. If, at any time, you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service. 11.2. If you wish to end your use of the Service, please follow these instructions for deactivating your account in the settings feature of our Service. Deactivating your account does not relieve you of any obligation to pay any outstanding fees. 11.3. If you fail to pay any sum due to us and such sum remains outstanding for a further fourteen (14) days following notice requiring such sum to be paid, we may cancel your Account immediately by notice and without responsibility to you. 11.4. We may immediately end your use of the Service if you break the Acceptable Use Policy in Section 8, above, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service. 11.5. We may also withdraw the Service as long as we give you reasonable notice that we plan to do this so that you have a reasonable period of time to download any of your User Content. 11.6. If you or we end your use of the Service, or we withdraw the Service as described in this section, we may delete or modify your User Content, account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses. 12. Warranty/Indemnification 12.1. Our Service may make your User Content available to other Users (with your consent); we do not produce User Content and are not responsible for it in any way. 12.2 Warranty. By uploading your Content to the Services or Software, you agree that you have: (i) all necessary licenses and permissions to use and Share your Content; and (ii) the rights necessary to grant the licenses in the Terms. 12.3 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Content, Creative Cloud Customer Fonts, your use of the Services or Software (as applicable), or your violation of the Terms. We have the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action, or matter. 12.4. We are not the seller of any item you purchase from third parties; we have no control and do not give any commitment relating to the existence, quality, genuineness of the item, the truth or accuracy of the picture or description of the item or any other content made available by such third party. 13. Our liability/responsibility to you 13.1. Unfortunately, due to the nature of the Internet and technology, the Service is provided on an “as available” and “as-is” basis. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES. WE FURTHER DISCLAIM ANY WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (III) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED. 13.2. To the extent permitted by the law, we do not accept any responsibility whatsoever for any claims arising out of the provision of Service. WE SPECIFICALLY DISCLAIM ALL LIABILITY FOR ANY ACTIONS RESULTING FROM YOUR USE OF ANY SERVICES. YOU MAY USE AND ACCESS THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF AND ACCESS TO ANY SERVICE. 13.3. IF YOU POST YOUR USER CONTENT ON OUR SERVERS (OR ANY OTHER PLATFORM) TO PUBLICLY SHARE, WE ARE NOT RESPONSIBLE FOR: (I) ANY LOSS, CORRUPTION, OR DAMAGE TO YOUR CONTENT; (II) THE DELETION OF CONTENT BY ANYONE OTHER THAN MUSICSKETCH; OR (III) THE INCLUSION OF YOUR CONTENT BY THIRD PARTIES ON OTHER WEBSITES OR IN OTHER MEDIA. 13.4. In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable. 14. Limitation of Liability. 14.1. WE ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, MORAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, REGARDLESS OF CAUSE, INCLUDING LOSSES AND DAMAGES (I) RESULTING FROM LOSS OF USE, DATA, REPUTATION, REVENUE, OR PROFITS; (II) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION; OR (III) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES. NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES OUR LIABILITY FOR THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MUSICSKETCH (OR ITS EMPLOYEES), RESULTING IN DEATH, OR PERSONAL INJURY. 14.2 OUR TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (I) US $100; OR (II) THE AGGREGATE AMOUNT THAT YOU PAID FOR ACCESS TO THE SERVICES DURING THE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. 14.3 THESE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 14 APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF (A) A REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE; OR (B) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES. 14.4 THESE TERMS SET FORTH THE ENTIRE LIABILITY OF MUSICSKETCH AND ITS AFFILIATES AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO ACCESS AND USE OF THE SERVICES. 15. Resolving disputes 15.1. If you have a dispute with us relating to the Service, in the first instance please contact us at support@MusicSketchapp.com and attempt to resolve the dispute with us informally. 15.2. In the unlikely event that we have not been able to resolve a dispute informally, we will discuss with you the most effective way of resolving our dispute. 16. Changes to the Service 16.1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Service. 16.2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service (“Changes to the Service”). These Changes to the Service may affect your past activities on the Service, features that you use and your User Content (“Service Elements”). Any changes to the Service could mean that any/all Service Elements are deleted or reset. 16.3. Once we have made Changes to the Service, your continued use of the Service will show that you have accepted any Changes to the Service. You are always free to stop using the Service or deactivate your Account in the settings feature of the Service. 16.4. We will try, where possible and reasonable, to contact you to let you know about any significant Changes to the Service. 17. Changes to the documents 17.1. We may revise these Terms of Service from time to time, but the most current version will always be available by sending a message to: support@MusicSketchapp.com. 17.2. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something. 17.3. We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email. However, sometimes changes will need to be made immediately. In the unlikely event that this happens, we will not give you any prior notice. 18. Documents that apply to our relationship with you The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced, then the remainder of the Terms of Service will still apply to our relationship. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have waived or given up any right we have; and we may still take action in the future, at our sole discretion. 19. Contact, feedback and complaints 19.1. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at support@MusicSketch.com. 19.2. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback, you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you. |
Privacy Policy
This Privacy Policy (“Policy”) applies all users. This is the current version of the Privacy Policy, dated 27 April 2022.
1. Privacy 1.1 MusicSketch operates a platform which allows you to create, edit and share your music score using our MusicSketch App (defined further in our Terms of Service and available for download from the Apple App Store) (the “Service”). 1.2 Privacy protection is very important to us and we are committed to protecting you and respecting your privacy. This privacy policy sets out information about how we collect, store, process, transfer, share and use data that identifies or is associated with you when providing our Service (hereinafter “Personal Information”). This Policy explains when we may process or have access to your Personal Information for any legitimate purpose. You may always tell us to stop processing or accessing your Personal Information. 1.3 You should also be aware that we use cookies to store and access information whilst providing access to our app. You can find out more about our use of cookies below. 1.4 The Service is operated by MusicSketch, LLC, a Delaware Limited Liability Company (“MusicSketch”, “we”, “our” or “us”) and we act as a data controller in relation to the personal information we hold about you. 2. Personal information we collect about you and how we use it 2.1 We collect personal information about you when you voluntarily submit information directly to us through our Service. This can include information you provide to us when you register with us, edit your profile, share content, purchase services, correspond with us, subscribe to our mailing lists, newsletters or other forms of marketing communications, respond to a survey, enter a promotion or use some other feature of our Service. Where your consent is required, we will obtain your permission prior to (i) sending any informational/promotional material; (ii) accessing information relating to your use of the Service and/or crash reports; or (iii) analyzing specific User Content. You may withdraw consent at any time. 2.2 At various places on our site or our app you may be requested to enter certain personal information. Personal Information that must be provided in order to use the requested services will be indicated at the time of collection. If you choose not to provide this personal information, we may not be able to provide some or all of the features and functionalities of the Service to you or respond to your other requests. Other personal information that you are not required to provide in order to receive the Service may be voluntarily given and you are free to decide not to give such personal information. 2.3 We use cookies and other technologies to track how you access and use the Service and information about the device you use to access the Service. This is generally so that we can provide you with a personalized experience. 2.4 We may provide places/create activities in the Service that allow you to post comments, upload images or submit content which may be publicly available when you choose to participate in such activities. 2.5 We may anonymize and aggregate any of the information we collect (so that it does not directly identify you). We may use anonymized information for purposes that include testing our IT systems, research, data analysis, improving our site and developing new products and features. 3. Information we share with third parties 3.1 We may share your Personal Information with the following parties: (a) Social networks/General Public: You may choose to make User Content public and share your content on a social network or otherwise share the User Content with members of the general public. If you so choose, we will share your User Content with that social network/the general public. (b) Companies in the same group of companies as us: We may share your Personal Information with any organization we own or control or any organization that owns or controls MusicSketch. These companies will only use your Personal Information in the same way as we can under this Policy. (c) Service Providers and Advisors: We may share your Personal Information with third parties who provide a service to us. For example, third party service providers who either provide IT infrastructure or help support it, help us to provide you with support in relation to the Service, process payments from you on our behalf, develop analytical information for us about our products and services and provide professional services such as legal and accountancy services. These third parties will only be allowed to access/use your Personal Information in accordance with our instructions and will be required to keep your information secure. (d) Purchasers of Our Business: Personal Information may be disclosed to or shared with buyers or prospective buyers of our business or any of our assets as part of any such sale or transfer. We will take all reasonable steps to ensure that such recipients will only use your Personal Information in a way that is consistent with this Policy. (e) Law enforcement, regulators and other parties for legal reasons: We may be under a legal obligation to disclose your Personal Information to protect our rights, property or safety or to protect the rights, property or safety of others. We may also disclose Personal Information to third parties to help detect and investigate illegal activities and breaches of any agreement we have with you. 3.2 We do not disclose information about identifiable individuals to anyone else except as set out above. We may provide third parties with aggregate statistical information and analytics about users of our Service but we will make sure no one can be identified from this information before we disclose it. 4. Marketing and Advertising 4.1 From time to time we may contact you with information about the Service or other future product offerings. We may use email or we may also send you push notifications while you are using our App. We may use Personal Information to help us determine the most relevant marketing information to share with you. 4.2 We will only send marketing messages to you if you have given us your consent to do so. We will ask you if you would like to receive these messages when we first collect your contact details. You can also change your marketing preference at a later date by following the instructions outlined below.
4.4 You can also let us know at any time that you do not wish to receive marketing anymore by sending an email to us at support@MusicSketch.com. You may also be able to unsubscribe from our marketing emails by clicking on the unsubscribe link in the emails we send to you. 5. Storing and Transferring Your Personal Information 5.1 Retention period: We will store the Personal Information we collect about you for no longer than necessary for the purposes set out above and in accordance with our legal obligations and legitimate business interests. 5.2 Security: we implement appropriate and reasonable technical and organizational measures to protect your personal information against accidental or unlawful destruction, loss, change, or damage. All Personal Information we collect will be stored on our secure servers. 5.3 Phishing: We will never send you unsolicited emails or contact you by phone requesting details about your account, your password (if any), credit or debit card information or any identification numbers (e.g. Tax ID Number, Driver’s License Number, etc.) 5.4 International Transfers of your Personal Information: the Personal Information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations. Some of these countries offer differing levels of protection in respect of personal information and may, in certain instances, be less protective than the country you are typically resident in. These international transfers of your personal information will be made pursuant to appropriate safeguards, such as the EU-U.S. Privacy Shield framework or standard data protection clauses adopted by the European Commission. If you wish to enquire further about these safeguards used, please contact us using the details set out at the end of this privacy policy. We will take all reasonable steps to ensure that your personal information is treated securely and in accordance with applicable law and this privacy policy. 6. Our Policy towards Children 6.1 Our Service is not directed to persons under 13 and we do not knowingly collect personal information from children under 13. If you become aware that your child has provided us with personal information, without your consent, then please contact us using the details below so that we can take steps to remove such information and terminate any account your child has created with us. 6.2 Our Service may be used by children under 13, but only with the prior consent of their parent or school, as permitted by the Children’s Online Privacy Protection Act (COPPA). If MusicSketch collects information from children under 13 through an educational institution, MusicSketch will collect, use, share and store such data only for the purposes of providing services to the student contemplated in our agreement with the school. 7. Your Rights in Respect of Your Personal Information 7.1 Under the law of some jurisdictions, in accordance with applicable privacy law, you have the following rights in respect of your personal information that we hold:
7.3 You also have the right to lodge a complaint to your local data protection authority. 7.4 Residents in other jurisdictions may have similar rights to the above. If you would like to exercise one of these rights, please contact us using the contact details at the end of this privacy policy. We will comply with any request to the extent required under applicable law. 8. Cookies and Similar Technologies 8.1 Our Service uses cookies to distinguish you from other users. This helps us to provide you with a good experience when you open the App and also allows us to improve our Service. 8.2 We use the following types of cookies: (a) Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of the App or Website. (b) Analytical/performance cookies. They allow us to recognize and count the number of Users/Visitors and to see how Users/Visitors move around our App or Webiste when they are using it. This helps us to improve the way our App and Website works, for example, by ensuring that users are finding what they are looking for easily. We may use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Online Services and to understand more about the demographics of our users. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners, and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout. (c) Functionality cookies. These are used to recognize you when you return to our App. This enables us to personalize our content for you, greet you by name and remember your preferences. 8.5 The cookies we use are designed to help you get the most from the App and/or our Website but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Please note that if you choose to refuse cookies you may not be able to use the full functionality of our App or Website. These settings will typically be found in the “options” or “preferences” menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the “Help” option in your browser for more details. 8.6 If you would like to find out more about cookies and other similar technologies, please visit www.allaboutcookies.org or the Network Advertising Initiative’s online sources at www.networkadvertising.org. 9. Links to Third-Party Websites Our Service may, from time to time, contain links to and from third-party websites of our partner networks, advertisers, partner merchants, news publications, retailers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites. 10. Changes to this Policy We may update this Policy from time to time and so you should review this policy periodically. When we change this Policy in a material way, we will update the “last modified” date at the top of this Policy. Changes to this Policy are effective when they are posted on this page. 11. Notice to You If we need to provide you with information about something, whether for legal, marketing or other business-related purposes, we will select what we believe is the best way to get in contact with you. We will usually do this by placing a notice on our site. The fact that we may send notices to you will not stop you from being able to opt out of certain types of contact as described in this privacy policy. 12. Contacting Us Questions, comments and requests regarding this privacy policy are welcome and should be addressed to: legal@MusicSketch.com |
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