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Terms of Use

 

TeddyMozart Terms of Service

Posted: September 27, 2016

Welcome to TeddyMozart!

Thank you for using TeddyMozart (“TeddyMozart”, “we”, “us”, “our”). These terms of service ("Terms") cover your use and access to our services, client software and websites ("Services" or "TeddyMozart Service" or "TeddyMozart Services").   If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.  Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to are referred to together as the “Agreements”.) You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the TeddyMozart Service or consume any Content.

Enjoying TeddyMozart

Here’s some information about all the ways you can enjoy TeddyMozart.

Our Services & Paid Subscriptions

TeddyMozart provides streaming services offering you to record, store and play your own content ("Your Library" or "User Content") plus choose and play from a selection of children's music and other content ("Public Library"). Certain TeddyMozart services are provided to you free-of-charge. Other TeddyMozart services may require payment before you can access them. The TeddyMozart services that may be accessed after payment are currently referred to as the “Premium Service" or "Paid Subscription."  The TeddyMozart service that does not require payment is currently referred to as the “Free Service”. 

Codes and other pre-paid offers

If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of TeddyMozart for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.

Trials

From time to time, we or others on our behalf may offer trials of Premium Service for a specified period without payment or at a reduced rate (a “Trial”). TeddyMozart reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION OR TERMINATE YOUR TEDDYMOZART ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION OR TERMINATE YOUR TEDDYMOZART ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TEDDYMOZART WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. 

Your Library & Your Permissions

When you use our Services, you provide us with things like your songs, stories, content, email messages, contacts and so on ("Your Library" or "User Content"). Your Library is yours. These Terms don't give us any rights to Your Library except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Library, backing it up, and sharing it when you ask us to. Our Services also provide you with features like easy personalization of your library, including album covers, playlist creation, scheduling, full media playback, message organization, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Library. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Sharing Your Library

Our Services let you share Your Library with others, so please think carefully about what and with whom you share.

Your Responsibilities

You're responsible for your conduct, Your Library and you must comply with our User Guidelines (below). 

You promise that, with respect to any User Content you contribute ("record" or "upload" or "share") on TeddyMozart, (1) you have the right to post such User Content, and (2) such User Content, or its use by TeddyMozart as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by TeddyMozart or any artist, band, label, entity or individual without express written consent from such individual or entity.

TeddyMozart may, but has no obligation to, monitor, review, or edit User Content. In all cases, TeddyMozart reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in TeddyMozart’s sole discretion, violates the Agreements. TeddyMozart may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you contribute. TeddyMozart is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST TEDDYMOZART RELATED TO USER CONTENT THAT YOU CONTRIBUTE, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD TEDDYMOZART HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

Your Rights for the TeddyMozart Service and Public Library

The Services are protected by copyright, trademark, and other US and foreign laws. The content provided by TeddyMozart of TeddyMozart's licensors is called "Public Library."

The TeddyMozart Service and the Public Library are the property of TeddyMozart or TeddyMozart's licensors. We grant you a limited, non-exclusive, revocable licence to make use of the TeddyMozart Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Public Library (the “Licence”). This Licence shall remain in effect until and unless terminated by you or TeddyMozart. You promise and agree that you are using the Public Library for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the TeddyMozart service or the Public Library.

The TeddyMozart software applications and the Public Library are licensed, not sold, to you, and TeddyMozart and its licensors retain ownership of all copies of the TeddyMozart software applications and Public Library even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).

All TeddyMozart trademarks, service marks, trade names, logos, domain names, and any other features of the TeddyMozart brand (“TeddyMozart Brand Features”) are the sole property of TeddyMozart or its licensors. The Agreements do not grant you any rights to use any TeddyMozart Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the TeddyMozart Service, the Public Library, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, TeddyMozart grants no right, title, or interest to you in the TeddyMozart Service or Public Library.

Third party software (for example, open source software libraries) included in the TeddyMozart Service are licensed to you either under the Agreements or under the relevant third party software library’s license terms as published below in the Projects/Licenses section.

Third Party Applications

The TeddyMozart Service may be integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that TeddyMozart does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

Software

Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as TeddyMozart’s other services, so please keep that in mind.

User Guidelines 

TeddyMozart respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure TeddyMozart stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason whatsoever:

  • copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the TeddyMozart Service or the Content, or otherwise making any use of the TeddyMozart Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the TeddyMozart Service or the Content or any part of it;
  • using the TeddyMozart Service to import or copy any local files you do not have the legal right to import or copy in this way;
  • transferring copies of cached Content from an authorized Device to any other Device via any means;
  • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the TeddyMozart Service, Content or any part thereof unless permitted by applicable law;
  • circumventing any technology used by TeddyMozart, its licensors, or any third party to protect the Content or the Service;
  • selling, renting, sublicensing or leasing of any part of the TeddyMozart Service or the Content;
  • circumventing any territorial restrictions applied by TeddyMozart or it licensors;
  • artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
  • removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the TeddyMozart Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
  • providing your password to any other person or using any other person’s username and password;
  • “crawling” the TeddyMozart Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from TeddyMozart; or
  • selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.

Please respect TeddyMozart, the owners of the Content, and other users of the TeddyMozart Service. Don’t engage in any activity, post any Content, or register and/or use a username, which is or includes material that:

  • is offensive, abusive, defamatory, pornographic, threatening, or obscene;
  • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of TeddyMozart or a third party;
  • includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
  • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
  • is intended to or does harass or bully other users;
  • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
  • uses automated means to artificially promote content;
  • involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the TeddyMozart inbox;
  • involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by TeddyMozart;
  • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by TeddyMozart;
  • interferes with or in any way disrupts the TeddyMozart Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or TeddyMozart’s computer systems, network, usage rules, or any of TeddyMozart’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
  • conflicts with the Agreements, as determined by TeddyMozart.

You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your TeddyMozart account. You also agree that TeddyMozart may also reclaim your username for any reason.

Again, please be thoughtful about how you use the TeddyMozart Service and what you share. The TeddyMozart Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on TeddyMozart or across the web, so please use TeddyMozart carefully and be mindful of your account settings. TeddyMozart has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

Copyright

We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

Copyright Agent
TeddyMozart, Inc.
125 Court Street, 11KS
Brooklyn, NY 11201
copyright@teddymozart.com

Paid Subscription 

Billing. You can increase your storage space and add paid features to your account (turning your account into a "Paid Subscription" or "Premium Service" ). We'll automatically bill you from the date you convert to a Premium Service and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.

No Refunds. You may cancel your TeddyMozart Paid Subscription at any time but you won't be issued a refund unless it's legally required.

Downgrades. Your Paid Subscription will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Subscription on time, we reserve the right to suspend it or reduce your account to the free levels.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Termination

You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. Except for Paid Subscription, we reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.

Services "AS IS"

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, TEDDYMOZART AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR TEDDYMOZART’S OR ITS AFFILIATES’ FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL TEDDYMOZART, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:

(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR

(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THIS WILL BE REGARDLESS OF WHETHER OR NOT TEDDYMOZART OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ADDITIONALLY, TEDDYMOZART, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO TEDDYMOZART FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.

Some places don't allow the types of limitations in this paragraph, so they may not apply to you.

Controlling Law

These Terms will be governed by the laws of the State of New York, without regard to its conflict of laws, rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.

Entire Agreement

These Terms constitute the entire agreement between you and TeddyMozart with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

TeddyMozart's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. TeddyMozart may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.


Privacy Policy

Hello and welcome!

Thanks for choosing TeddyMozart. This is our Privacy Policy. Before getting into the details, we’d like to highlight some of the key principles behind it. These principles are important to us because we know they’re important to you.

Quick Summary

  1. TeddyMozart will never share Your Library or User Content (e.g your songs, stories, playlists, etc that you record or upload) with any of its affiliates or partners.
  2. TeddyMozart may in the future allow you to make Your Library public (e.g songs, stories or playlists) but this is only an option that you can enable or disable at any time.
  3. TeddyMozart may only share your activity with the Public Library or your "Public Library User Information"  (e.g., what you listen to, music you share that are provided by TeddyMozart and partners).

The Privacy Policy is here to do three things:

  1. Explain the way we use information that you share with us in order to build a great product and give you a great experience with it;
  2. Ensure that you understand what information we collect with your permission, and what we do — and do not do — with it;
  3. Hold us accountable for protecting your rights and your privacy under this policy.

All the information we collect is related to providing the TeddyMozart service and its features.

Broadly speaking, there are two categories of information we collect: 1) information that we must have in order for you to use TeddyMozart; and 2) information that we can use to provide additional features and improved experiences if you choose to share that information.

The first category includes:

  • Registration information, including your name, birth date, address, and other information you provide when you sign up for TeddyMozart. 
  • Broad, non-specific location, which we derive from your IP address. The music and other content we deliver to you are location-specific, so we need to know what country you’re in. This also enables us to make suggestions based on your general location, like children's concerts, classes and performances.
  • The music you listen to and your interactions with the Service. This allows us to make recommendations to you and suggest relevant content. You can choose whether or not to share this information with your friends, followers, or the public. 

The second category includes information that enables us to offer you additional features. We never receive any of the following information unless you expressly choose to share it with us. It’s as simple as that. Here are some examples:

  • Your specific location: We will never gather or use your specific device location without first getting your explicit permission. This information enables us to create collaborative listening experiences (only with others who have also given permission), and to provide even better recommendations about locally popular children's music and events.
  • Your photos: We will only access images that you specifically choose, and we will never scan or import your photo library or camera roll. This allows you to choose individual pictures to change your profile picture or create cover art for a playlist. 
  • Your contacts: We will never scan or import your contacts unless you ask us to. If you choose to do so, we will only use your contact information to help you find friends or contacts who use TeddyMozart.
  • Your microphone: We will never access or use your microphone unless you give us explicit permission. However, in order to use TeddyMozart to record your voice, songs and stories which is one of TeddyMozart's core offering, we ask that you enable your microphone.

The distinction between these two categories is important. Information in the first category is information you must provide in order to use TeddyMozart. When you agree to our Privacy Policy, you give us the right to collect this information and use it for the purposes described. Information in the second category is information we will only collect if you explicitly give us permission to do so in the future. For this second category of information, we will ask for your permission before first accessing it, we will describe how we will use it if you give us permission, we will only use the information for the purpose we described, and you will always have the ability to change your mind and revoke that permission. Acceptance of our Privacy Policy does not mean you have granted us permission to access or use information in the second category; we’re just explaining to you that one day we might ask you for that permission.

We will be clear with you about how and when we might share information.

In some contexts, we will share certain information. For example, like most services, if you sign up for TeddyMozart through a third party like Facebook or a hardware provider, we share some information with them and they share some information with us in order to enable your account. And we also share de-identified information with our content partners to help them understand how the content they license to us is performing, with marketing partners who help us with promotional efforts, and with advertisers that allow us to offer a free service. There also may be times when you want us to share information. For example, when you make playlists, you might want those playlists to be visible to your friends and family… and you might not. Similarly, you can ask us to share information (like your email address) with children's artists or record labels, or other partners who may want to directly send you news or promotional offers, but you can also revoke that permission at any time.

We hope this helps you to understand our privacy commitments to you. Now, the details await you below, but please remember that this Introduction is part of the Privacy Policy itself — it’s our promise to you. If you ever have any questions or concerns, then please let us know at privacy@teddymozart.com.

Throughout this Privacy Policy we refer to the TeddyMozart Service or the Service. These terms are defined in our Terms and Conditions of Use (the “Terms and Conditions of Use”).

Key highlights of what you’re consenting to

By using or interacting with the Service, you are consenting to:

  1. the use of cookies and other technologies; ; 
  2. the collection, use, sharing, and other processing of your information, including for advertising-related purposes (as described in the rest of this Privacy Policy, so please keep on reading!); and 
  3. the public availability of your information and the controls over such information as described in Sharing information.

In each case, you consent to the processing of data by the entities described in this Privacy Policy, including the TeddyMozart entity, as data controller, indicated at the bottom of this document (collectively, “TeddyMozart”, “we”, “us”, “our”). If you don't agree with the terms of this Privacy Policy, then please don't use the Service.

The information we collect

We may collect and store the following information—

Registration data

When you sign up for the Service, we may ask you for information such as your username, password, email address, date of birth, gender, address, postal code, and country. If you connect to the Service using credentials from a Third Party Application (e.g., Facebook), you authorize us to collect your authentication information, such as your username and encrypted access credentials. We may also collect other information available on or through your Third Party Application account, including, for example, your name, profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures, and networks.

Usage, log data & cookies

When you use or interact with the Service, we may use a variety of technologies that collect information about how the Service is accessed and used. This information may include:

  1. information about your type of subscription and your interactions with the Service, such as interactions with songs, playlists, other audiovisual content, other TeddyMozart users, Third Party Applications, and advertising, products, and services which are offered, linked to, or made available on or through the Service;
  2. the details of the queries you make and the date and time of your request;
  3. User Content (as defined in the Terms and Conditions of Use) you post to the Service including messages you send and/or receive via the Service;
  4. technical data, which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the TeddyMozart Service, unique device ID, device attributes, network connection type (e.g., WiFi, 3G, LTE) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and TeddyMozart application version.
  5. motion-generated or orientation-generated mobile sensor data (e.g., accelerometer or gyroscope). 

You may integrate your TeddyMozart account with Third Party Applications. If you do, we may receive similar information related to your interactions with the Service on the Third Party Application, as well as information about your publicly available activity on the Third Party Application. This includes, for example, your “Likes" and posts on Facebook. We may use cookies and other technologies to collect this information; you can learn more about such use in the section Information about cookies and other technologies of this Privacy Policy.

Your mobile device

We may provide features that rely on the use of additional information on your mobile device or require access to certain services on your mobile device that will enhance your TeddyMozart experience but are not required to use the Service. (In other words, information that falls in the second category described in the Introduction to this Policy.) For example, we might allow you to upload photos to your profile, connect with friends, or let you use voice commands to control the Service. Granting us access does not mean you are granting us unlimited access to that information or that we will access specific information without your permission. To the contrary, for each type of information listed in this section, before we access this information or these features of your mobile device, we will ask for your permission. If you provide such permission, we will collect the information for the specific purposes explained at the time we ask for your permission. You do not have to give us such permission in order to use TeddyMozart, and acceptance of this Privacy Policy does not mean you have granted us permission to access this information.

In particular:

  • Photos and Camera: We will not access your photos or camera without first getting your explicit permission and we will never scan or import your photo library or camera roll. If you give us permission to access photos or your camera, we will only use images that you specifically choose to share with us. (You may use our application to select the photo or photos you choose to share, but we will never import the photos you review except those you explicitly share.).
  • Location: We will not gather or use the specific location of your mobile device (by using, for example, GPS or Bluetooth) without first getting your explicit permission. And if you choose to share location information but later change your mind, you will always have the ability to stop sharing. Please note that this does not include IP address. We will continue to use your IP address above, to determine, for example, what country you are in and comply with our licensing agreements.
  • Voice: We will not access your microphone without first getting your explicit permission. You will always have the ability to disable microphone access. Keep in mind that if you do disable microphone access, you will not be able to do recordings.
  • Contacts: We will not scan or import your contacts stored on your phone without first getting your explicit permission. We will only use the contact information to help you find friends or contacts who use TeddyMozart if you choose to do so, and we will not use contact information for any other purpose without first getting your separate explicit permission. Local law may require that you seek the consent of your contacts to provide their personal information to TeddyMozart, which may use that information for the purposes specified in this Privacy Policy.

Payment data

If you sign up for a Trial (as defined in the Terms and Conditions of Use), purchase any of our Paid Subscriptions (as defined in the Terms and Conditions of Use), or make other purchases through the Service, your credit or debit card information (such as card type and expiration date) and other financial data that we need to process your payment may be collected and stored by us and/or the payment processors with which we work. We may also collect some limited information, such as your postal code, mobile number, and details of your transaction history, all of which are necessary to provide the Service. In addition, the payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and certain digits of your card number.

If you choose to pay by invoice, TeddyMozart may need to collect and store additional information, like your name, date of birth, and phone number, and provide it to payment processors we work with to issue invoices, to enable credit checks and to send you invoices.

BY ACCEPTING THE PRIVACY POLICY, YOU EXPRESSLY AUTHORIZE TEDDYMOZART TO USE AND SHARE WITH OTHER COMPANIES IN THE TEDDYMOZART GROUP, AS WELL AS CERTAIN TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE OF THE COUNTRY OF YOUR RESIDENCE (INCLUDING COUNTRIES WHICH DO NOT PROVIDE THE SAME LEVEL OF PROTECTION FOR THE PROCESSING OF PERSONAL DATA AS THE COUNTRY OF YOUR RESIDENCE), THE INFORMATION PROVIDED BY YOU TO TEDDYMOZART, EVEN IF SUCH INFORMATION IS COVERED BY LOCAL BANKING SECRECY LAWS. YOU ACKNOWLEDGE AND AGREE TO THE IMPORTANCE OF SHARING SUCH INFORMATION FOR THE PROVISION OF THE TEDDYMOZART SERVICE AND ALSO AGREE THAT, BY ACCEPTING THIS PRIVACY POLICY, WHERE APPLICABLE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHTS UNDER SUCH BANK SECRECY LAWS WITH REGARD TO TEDDYMOZART, ANY COMPANY IN THE TEDDYMOZART GROUP, AND ANY TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE YOUR COUNTRY OF RESIDENCE. THIS CONSENT IS GIVEN FOR THE DURATION OF YOUR RELATIONSHIP WITH TEDDYMOZART.

Sweepstakes, contests & surveys

From time to time, we may offer you the opportunity to participate in promotions such as sweepstakes, contests, offers, and/or surveys (“Special Promotions”) through the Service. A Special Promotion may be governed by a privacy policy and/or terms and conditions that are additional to, or separate from, this Privacy Policy and the Terms and Conditions of Use. If the provisions of the Special Promotion’s privacy policy or terms and conditions conflict with this Privacy Policy or the Terms and Conditions of Use, those additional or separate provisions shall prevail. If you participate in a Special Promotion, we may ask you for certain information in addition to what is stated in this Privacy Policy, including personal information. That additional information may be combined with other account information and may be used and shared as described in this Privacy Policy.

TeddyMozart service providers and partners

We may also receive information about you from our service providers and partners, which we use to personalize your TeddyMozart experience, to measure ad quality and responses to ads, and to display ads that are more likely to be relevant to you. We also use this information as explained in the section How we use the information we collect below.

How we use the information we collect

Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information:

  1. to provide, personalize, and improve your experience with the Service and products, services, and advertising (including for third party products and services) made available on or outside the Service (including on other sites that you visit), for example by providing customized, personalized, or localized content, recommendations, features, and advertising on or outside of the Service;
  2. to ensure technical functionality of the Service, develop new products and services, and analyze your use of the Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Service;
  3. to communicate with you for Service-related or research purposes including via emails, notifications, text messages, or other messages, which you agree to receive;
  4. to communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us, we inform you of the controls you can use to opt out from receiving certain messages;
  5. to, if you explicitly provide us your permission, use your mobile phone number to send you informational, marketing and promotional text messages using an automatic dialing system; you are not required to provide consent as a condition of signing up for TeddyMozart’s services; 
  6. to enable and promote the Service and other services or products, either within or outside the Service, including features and content of the Service and products and services made available through the Service;
  7. to process your payment or prevent or detect fraud;
  8. to enforce this Privacy Policy, the Terms and Conditions of Use, and any other terms that you have agreed to, including to protect the rights, property, or safety of TeddyMozart, its users, or any other person, or the copyright-protected content of the Service;
  9. to provide you with features, information, advertising, or other content which is influenced by your location and your location in relation to other TeddyMozart users; and
  10. as otherwise stated in this Privacy Policy.

Sharing information

This section describes how the information collected or generated through your use of the TeddyMozart service may be shared by you or by us.

Sharing by you

Generally

The TeddyMozart Service is a social service that offers many ways to record, store, find, enjoy, and share content. We encourage you to take advantage of these social features with others on the Service.

Your name and/or username, profile picture, who you follow, who follows you, and your TeddyMozart user profile will always be publicly available.

Only your activity with the Public Library or "Public Library User Information"  (e.g., what you listen to, music you share that are provided by TeddyMozart and partners), recently played artists, your top tracks, your top artists are made publicly available by default. Your activity with the Public Library (e.g., what you listen to, music you share) may be accessible by users who follow you or view your TeddyMozart profile. 

We may use your Public Library User Information to promote the Service and to help others find and follow you including through Facebook and other Third Party Applications and on websites that embed TeddyMozart widgets. Your Public Library User Information may be used to notify others, including within the Service, via email, and through Facebook and Third Party Applications, about your use of the Service (e.g., that you have joined TeddyMozart or activity related to a TeddyMozart profile, such as listing or creating a private playlist with tracks from a Public Library playlist).

With your explicit permission, we may notify other users of your location. Likewise, with other TeddyMozart users’ explicit permission, we may notify you about their whereabouts. We may offer you the ability to share this information to create shared experiences.

Third Party Applications

If you connect your TeddyMozart account to a Third Party Application, TeddyMozart may automatically share your Public Library User Information with that service, including the content you consume. You understand and agree that that such information may be attributed to your account on the Third Party Application and may be published on such service. The Third Party Application may provide controls to limit the sharing of this information.

If you log into a Third Party Application with your TeddyMozart account, that Third Party Application may have access to your Public Library User Information. With your explicit permission, we may also share additional information such as your email address, subscription status, location, or birthdate with such Third Party Applications.

TeddyMozart also enables you to share a particular item of content or a playlist that you have created, on an individual basis, to Third Party Applications, other third party services, other TeddyMozart users, and others. Please note that if you share content to a Third Party Application or a third party service, it may be viewable by others within the TeddyMozart Service.

You understand and agree that a Third Party Application’s use of information collected from you (or as authorized by you) is governed by the Third Party Application’s privacy policies and your settings on the relevant service, and TeddyMozart’s use of such information is governed by this Privacy Policy and your TeddyMozart account settings.

Sharing by TeddyMozart

The TeddyMozart service allows you to record and store your content ("Your Library" or "User Content") as well as listen to fully-licensed streaming content ("Public Library"). TeddyMozart only shares information with the rights holders that license the Public Library to TeddyMozart.  The below section explains sharing of information based on user's interactions with "Public Library." TeddyMozart does not share User Content (recorded or uploaded content).

Marketing and advertising

We may share information of user's interactions with Public Library ("Public Library User Information") with advertising partners in order to send you promotional communications about TeddyMozart or to show you more tailored content, including relevant advertising for products and services that may be of interest to you, and to understand how users interact with advertisements. The information we share is in a de-identified format (for example, through the use of hashing) that does not personally identify you.

Please see the section Information about cookies, other technologies, and third-party data collection below for information about the cookies and other technologies that we and third parties use to serve you more relevant ads and your options.

Service providers and others

We may from time to time share Public Library User Information with service providers to perform functions and process user data and help provide our Services, consistent with this Privacy Policy. For example, we may work with service providers to host our TeddyMozart Support Community Site and analytics providers to help us understand the use of our Services. Where a third party processes user data on our behalf (e.g., a hosting service provider), it is subject to security and confidentiality obligations consistent with this Privacy Policy and applicable law. Where a third party processes user data on its own behalf, its processing is subject to its own Privacy Policy and applicable law.

Rights holders

TeddyMozart only shares information with the rights holders that license the "Public Library" to TeddyMozart. The data that TeddyMozart shares is in a de-identified format that does not identify you directly, unless you opt in to the sharing of your personal information.

Other sharing

In addition to the above, we may also share Public Library User Information with third parties for these limited purposes:

  • to allow a merger, acquisition, or sale of all or a portion of our assets;
  • to respond to legal process (e.g., a court order or subpoena), if we believe in good faith that it is necessary to do so; to comply with requirements of mandatory applicable law; to protect the safety of any person; to protect the rights and property of TeddyMozart including to enforce the Terms and Conditions of Use and any other terms that you have agreed to; and to address fraud, security, or technical issues;
  • to academic researchers for purposes including statistical analysis and academic study, but only in a de-identified format;
  • to publish de-identified or aggregate information about the use of the TeddyMozart Service; and
  • to allow other companies in the TeddyMozart group to use your information as specified in this Privacy Policy.

Links

We may display advertisements from third parties and other content that links to third party websites. We cannot control or be held responsible for third parties’ privacy practices and content. Please read their privacy policies to find out how they collect and process your personal information.

Security

We are committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and log out after having used the TeddyMozart Service. While we take data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information.

Children

The TeddyMozart Service is not directed to children under the age of 13. Instead, the TeddyMozart Service is directed to parents, family members or anyone over the age of 13 who may play audio content for children under 13 from the TeddyMozart Service.  We do not knowingly collect personal information from children under 13 or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, do not use the Service and do not provide any personal information to us. If you are a parent of a child under the Age Limit and become aware that your child has provided personal information to TeddyMozart, please contact us at privacy@teddymozart.com and you may request exercise of your applicable access, rectification, cancellation, and/or objection rights. 

Accessing and updating user information

You can view and amend much of the information we keep about you through your account and profile pages. If you have questions about your privacy on the Service, this privacy policy, or information we have about you, please contact us at privacy@teddymozart.com

Changes to the Privacy Policy

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us at support@teddymozart.com.

Information about cookies, other technologies and third-party data collection

This section describes use of cookies and other technologies. 

What are cookies and other technologies?

A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognize your device the next time you visit their website. There are other similar technologies such as pixel tags (transparent graphic images placed on a web page or in an email, which indicate that a page or email has been viewed), web bugs (similar to pixel tags), and web storage, which are used in desktop software or mobile devices.

There are also technologies such as mobile device identifiers and SDK integrations to help companies recognize your device when you return to an app or otherwise use the a service.

How we use cookies and other technologies

We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device for a set period of time or until you delete them). We use the following types of cookies for the purposes explained below:

Essential OperationalThese cookies are necessary to allow us to operate the TeddyMozart Service as you have requested. For example, they let us recognize what type of subscriber you are and then provide you with services accordingly.

Performance / AnalyticsWe use these cookies to analyze how the TeddyMozart Service is accessed, is used, or is performing. We use this information to maintain, operate, and continually improve the TeddyMozart Service. We may also obtain information from our email newsletters, including whether you opened or forwarded a newsletter or clicked on any of its content. This information tells us about our newsletters' effectiveness and helps us ensure that we're delivering information that you find interesting.

FunctionalThese cookies let us operate certain functions of the TeddyMozart Service in line with the choices you make. These cookies mean that when you continue to use or come back to the TeddyMozart Service, we can provide you with our services as you have asked for them to be provided, such as knowing your username, remembering how you have customized our services, and reminding you of content you have enjoyed.

Targeting / advertisingWe use these cookies to serve you with advertisements that may be relevant to you and your interests. The information may also be used for frequency capping purposes (e.g., to ensure we do not display the same advertisement to you repeatedly) and to help us regulate the advertisements you receive and measure their effectiveness.

Third PartyWe may allow our business partners to use cookies on or outside the TeddyMozart Service for the same purposes identified above, including collecting information about your online activities over time and across different websites. We may also use service providers acting on our behalf to use cookies for the purposes identified above.

TeddyMozart AdsWe may work with web publishers, advertising networks, and service providers to deliver TeddyMozart ads on other web sites and services. Cookies may be used to serve you with advertisements that may be relevant to you and your interests on other web sites and services and to regulate the advertisements you receive and measure their effectiveness.

We also use mobile device identifiers and the other technologies identified in this section for the purposes articulated in this Privacy Policy, for example to recognize your device when you return to the TeddyMozart app or otherwise use the TeddyMozart Services.

Manage your cookie and other preferences

Many web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other technologies in the same way that you manage cookies using your browser’s preferences.

Please note that if you choose to block cookies, doing so may impair the TeddyMozart Service or prevent certain elements of it from functioning.

Please note that even if you opt out using the mechanisms above, you may still receive advertisements when using the TeddyMozart Service.

We work with advertising partners to serve advertisements on the TeddyMozart Service. One of the services we use to track activity related to the Service, e.g., by placing cookies, is Google Analytics by Google (Google, Inc. a company headquartered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). We may use vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our websites, including Google Analytics for Display Advertising. Google provides tools to manage the collection and use of certain information by Google Analytics at tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings at google.com/settings/ads.

You hereby consent to the use of the cookies and other technologies described above.

More information

For more information about the use of cookies and how to block them, visit allaboutcookies.orgyouronlinechoices.eu (Europe), or aboutads.info/choices (United States). If you have any questions or comments about our use of cookies, please contact us at privacy@teddymozart.com.

Thank you for reading our Privacy Policy. We hope you enjoy TeddyMozart!

Data controller:

TeddyMozart, Inc.

125 Court Street, 11KS

Brooklyn, NY 11201

©TeddyMozart