Privacy Policy

Melody (“Melody”) allows you to create and share content as further described below.

  • This Privacy Policy details the manner in which Melody and companies we work with collect, use, share and protect information in relation to our mobile services, web site, and any software provided on or in connection with our services (collectively, the “Service“), and your choices about the collection and use of your information.
  • By using our Service you understand and agree that Melody is providing a platform for you to post, upload or otherwise make available content, including photos, videos, sound recording, musical works comments and other materials (“User Content“), to the Service and to share User Content publicly. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Service, consistent with the terms and conditions of this Privacy Policy and our Terms of Use.
  • Our Policy applies to all visitors, users, and others who access the Service (“Users“).

INFORMATION WE COLLECT

We collect the following types of information.

Information you provide us directly:

  • Your username, password and e-mail address when you register for an account.
  • Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows us to help you or others be “found” on Melody.
  • User Content 
  • Communications between you and Melody. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails.
  • When you register using a Facebook account or you link your account with Facebook, we collect your name, email address, location and age information, as well as information about your friends and other Personal Information. This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy. You can control the information that we receive from Facebook using the privacy settings in your Facebook account. 

Following friends on Melody:

  • If you choose, you can use our “Follow” feature to locate other people with Melody accounts either through (i) your contacts list, (ii) third-party social media sites or (iii) through a search of names and usernames on the Service.
  • If you choose to find your friends through (i) your device’s contacts list, then Melody will access your contact list to determine whether or not someone associated with your contact is using Melody.
  • If you choose to find your friends through a (ii) third-party social media site, then you will be prompted to set up a link to the third-party service and you understand that any information that such service may provide to us will be governed by this Privacy Policy.
  • If you choose to find your friends (iii) through a search of names or usernames on Melody then simply type a name to search and we will perform a search on our Service.
  • Note about “Invite Followers” feature: If you choose to invite someone to the Service through our “Invite Followers” feature, you may select a person directly from the contacts list on your device and send a text or email from your personal account. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, Melody does not have access to or control this communication.

Analytics information:

  • We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.

Cookies and similar technologies:

  • When you visit the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use Melody and so that we can provide features to you.
  • We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party.

Log file information:

  • Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
  • When you use the Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

Device identifiers:

  • When you use a mobile device to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Melody.
  • A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. The device identifiers may also provide us with location information.  Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Metadata:

  • Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
  • Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using other’s APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) if your photo is made public by you in accordance with your privacy settings.

HOW WE — USE YOUR INFORMATION

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

  • help you better access your information after you sign in
  • remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
  • provide personalized content and information to you and others, which could include online ads or other forms of marketing
  • provide, improve, test, and monitor the effectiveness of our Service
  • develop and test new products and features
  • monitor metrics such as total number of visitors, traffic, and demographic patterns
  • diagnose or fix technology problems
  • automatically update the Melody application on your device
  • Melody or other Users may run contests, special offers or other events or activities (“Events”) on the Service. If you do not want to participate in an Event, do not use the particular Metadata (i.e. hashtag or geotag) associated with that Event

SHARING OF YOUR INFORMATION

We will not rent or sell your information to third parties outside Melody without your consent, except as noted in this Policy.

Parties with whom we may share your information:

  • We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Melody is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your photos.
  • We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
  • We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
  • We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

Parties with whom you may choose to share your User Content:

  • Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. 
  • Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users.
  • If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service.

Change of control:

  • If we sell or otherwise transfer part or the whole of Melody or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.

Responding to legal requests and preventing harm:

  • We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

HOW WE STORE YOUR INFORMATION

Storage and Processing:

  • Your information collected through the Service may be stored and processed in the United States or any other country in which Melody, its Affiliates or Service Providers maintain facilities.
  • Melody, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
  • By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which Melody, its Affiliates or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
  • We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Melody cannot ensure the security of any information you transmit to the Service or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
  • You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Melody, at all times. Your privacy settings may also be affected by changes the social media services you connect to Melody make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.

YOUR CHOICES ABOUT YOUR INFORMATION

Your account information and profile/privacy settings:

  • Unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).
  • Learn more about reviewing or modifying your account information by contacting us at help@melodymusicapp.com.

How long we keep your User Content:

  • Following termination or deactivation of your account, Melody, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
  • Learn more about deleting your account by contacting us at help@melodymusicapp.com.

CHILDREN’S PRIVACY

Melody does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at help@melodymusicapp.com.

 

OTHER WEB SITES AND SERVICES

We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service and you allow them to access your User Content you do so at your own risk.

 HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please contact us at help@melodymusicapp.com.

You may submit a request to access or delete the information we have collected about you by sending your request to us at such email. We will respond to your request consistent with applicable law and subject to proper verification. 

If you are a European resident and would like to exercise any of your rights under applicable law, please contact us to the above email.  

If you are a California resident and would like to access your right of the shine to light law please also contact us to the above email. 

If you are a California resident, you have the right to opt out of the sale of your personal information. Please contact us to the above email. 

 CHANGES TO OUR PRIVACY POLICY

Melody may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of Melody or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.

These Privacy Policy are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

You agree that all disputes between you and Melody (whether or not such dispute involves a third party) with regard to your relationship with Melody, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Melody hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Melody will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Melody is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Melody or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.