Baby Melody Terms & Privacy Policy

Baby Melody Privacy Policy

Agreement Between User and Baby Melody

Welcome to baby-melody.com. The baby-melody.com website, mobile website, and mobile application(s) (the “Site”) are comprised of various web pages, services, and applications owned and operated by Baby Malody. Your use of the Site constitutes your agreement to the Terms of Use (the “Terms”). Incorporated by reference into the Terms is this Privacy Policy. This Privacy Policy only describes the privacy practices Baby Melody, Inc. uses on the Site. It does not apply to the general, “offline” privacy practices of Baby Melody, Inc.

Type of Information Collected

When you interact with Baby Melody and the Site, we collect certain information from you. The hardware or software used to collect this information is referred to as the “Application.” The Application collects information through your submissions, by itself, and through third parties. The data may be freely provided or collected automatically when using the Site. The type of information the Application collects includes but is not limited to: Name, Telephone Number, Address, Email Address, Username, Password, Usage Data, IP Address, Cookies, and any other information you submit to Baby Melody through online forms, email, postings, uploads, use of the Site. Any collection or use of this data by the Application, or by the owners of third-party services used by the Application, unless stated otherwise, serves to identify users, remember their preferences, and is for the primary purpose of providing the services requested by the user. Failure to provide certain information may make it impossible for Baby Melody to provide its services. You are responsible for any information of third parties obtained, published, or shared by you through this Application, and if you publish or share such data, then you confirm that you have the third party’s consent to provide such information.

Processing Data

Baby Melody takes all reasonable and appropriate measures to process your information in a proper manner, and to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the data. However, no website is 100% secure and you should always use caution when using the internet and disclosing personal information online.

Data processing is carried out using computers and/or IT enabled tools following organizational procedures and modes strictly related to the purposes indicated. In addition to the data controller at Baby Melody, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the Site (e.g., administration, sales, marketing, legal, system administration, etc.), or external parties (e.g., third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies, etc.) appointed, if necessary, as data processors by Baby Melody. An updated list of these parties may be requested from Baby Melody at any time.

Data is processed at Baby Melody’s offices and in any other places where the parties involved with the processing are located. The information is kept for the time necessary to provide the service requested by you, or stated by the purposes outlined in this document, or as otherwise required by law. You can request at any time that Baby Melody remove the information.

Use of Collected Information

Baby Melody retains the right to use the information for any lawful purpose it deems appropriate. Unless otherwise required by law, Baby Melody will treat all information you share with it as non-confidential and non-proprietary. Baby Melody will utilize such data in accordance with the Terms and this Privacy Policy.

Information concerning you is collected to allow Baby Melody to contact you, provide its services, improve its products and services, promote Baby Melody, send transactional communications, and for security purposes. To provide better services to you, the information is also used for some of the following purposes:  access to third party services’ accounts, interaction with external social networks and platforms, SPAM protection, traffic optimization and distribution, contacting the user, remarketing and behavioral targeting, analytics, and displaying content from external platforms.

Third Party Links and Permissions

The Site may contain links to and from third party websites, mobile websites, mobile applications, or social media (“Linked Sites”), and may ask for permission to share certain information between Baby Melody and the Linked Sites.  The Linked Sites are not under the control of Baby Melody and Baby Melody is not responsible for the contents, policies, terms, or privacy of any Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites. Sharing information with the Linked Sites does not happen automatically, you must explicitly authorize this functionality. Linked Sites that you may be requested to give permission to share Data with include but are not limited to: Facebook, Twitter, LinkedIn, Pinterest, Google, etc. We recommend that you review the terms, conditions, and policies of the Linked Sites before using them of enabling these functionalities.

Third Parties With Whom Information May Be Shared

We do not sell your information to third parties for their commercial or marketing purposes. Baby Melody may, however, disclose data we collect through the Site without notice to you with the following third parties for the following purposes:

Contractors and service providers. If you are a Baby Melody customer or prospective customer, we may share your information with contractors, subcontractors, service providers, and developers in order to provide the best service possible to you and respond to your questions and customer service requests.

Legal Matters. We may share your information with third parties, including law enforcement, in response to legal process or subpoenas and to investigate, prevent, or take action regarding illegal, suspicious, or fraudulent activities involving the Site, you, or Baby Melody.

Data Storage. We may share your data with third parties for the purpose of helping Baby Melody better gather, store, and maintain online information.

International Users

The Site is owned, operated, and administered by Baby Melody from our offices within the United States. If you access the Site from a location outside the United States, you do so at your own risk and initiative and with the understanding that information may be collected from you and stored as a result of your use of the Site while in another country whose privacy laws may be different from, and less protective than, those of the United States.

Rights of Users

You may, at any time, contact the data controller to learn whether your information has been collected and stored. You may request information regarding how the data was collected, verify its accuracy, or ask for it to be supplemented, updated, corrected, or deleted, or for it to be transformed into an anonymous format or to remove any data held in violation of the law. Requests should be sent to the data controller at the contact information below. Please be advised that the Application used by Baby Melody does not monitor or identify “do not track” signals or requests from your computer or mobile device, and such signals or requests will not impact the operation of the Site.

Changes to this privacy policy

Baby Melody reserves the right, in its sole discretion, to change the Privacy Policy under which the Site is offered. The most current version of the Privacy Policy will supersede all previous versions. Your use of the Site after changes to the Privacy Policy are posted constitutes your agreement to those changes. Baby Melody encourages you to periodically review the Privacy Policy to stay informed of any updates.

Baby Melody Terms of Use

Agreement Between User and Baby Melody

Welcome to baby-melody.com. The baby-melody.com website, mobile website, and mobile application(s) (the “Site”) are comprised of various web pages, services, and applications owned and operated by Baby Melody. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read the Terms carefully and keep a copy of them for your reference.

Electronic Communications

Visiting the Site, sending emails, or submitting information to Baby Melody constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or on the Site, satisfy any legal requirement that such communications be in writing.

Links To and From Third Party Sites

The Site may contain links to, or may be linked from, other websites, mobile sites, mobile applications, or social media (“Linked Sites”). The Linked Sites are not under the control of Baby Melody and Baby Melody is not responsible for the contents, policies, terms, or privacy of any Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites. Baby Melody provides links to and from the Site as a convenience. The inclusion of any link does not imply endorsement or sponsorship by Baby Melody of the Linked Sites or any association with their operators.

Third Party Services

Certain services made available via the Site are delivered by third party sites, vendors, and organizations. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that Baby Melody may share such information and data with any third party with whom Baby Melody has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers.

Third Party Accounts

You have the ability to connect your Baby Melody account to third party accounts. By connecting your Baby Melody account to a third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others. If you do not want information about you to be shared in this manner, do not use this feature.

Children

Baby Melody does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use the Site only with the permission of a parent or guardian. If you think we have information about your child who is under 13, please contact us.

International Users

The Site is owned, operated, and administered by Baby Melody from our offices within the United States. Accessing the Site from outside the United States may not be legally permissible by certain persons in certain countries. If you access the Site from a location outside the United States, you do so at your own risk and initiative and you are responsible for compliance with all applicable local laws. You agree that you will not use the Baby Melody content accessed through the Site in any country or in any manner prohibited by these Terms and any applicable laws or regulations. You also agree that the Site may contain references to products, services, or functionalities that are not available in your location, and Baby Melody will not make such products, services, or functionalities available to you.

No Unlawful or Prohibited Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Baby Melody that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not use the Site for any commercial purposes other than those with Baby Melody for which it is provided. You may not collect or store personal data about other users. You may not post or upload information to the Site that is unlawful, tortious, obscene, abusive, harassing, defamatory, violative of another person’s privacy, embarrassing, or violative of applicable intellectual property laws. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
By submitting, posting, or uploading content on or through the Site, you warrant that you own the content and otherwise have the right to submit, post, or upload it. You grant Baby Melody a limited, non-exclusive, worldwide, sub-licensable, fully-paid, royalty free license to use, modify, display, perform, reproduce, and distribute such content without the requirement to seek your permission or make a payment to you. You continue to maintain ownership rights to your content, subject to these Terms and the license described herein. You also agree that Baby Melody may use your content to develop future products, services, proposals, and initiatives without attribution or obligation to you.

Intellectual Property

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Baby Melody as a result of the Terms or use of the Site.  All content included as part of the Site, such as text, graphics, logos, images, renditions, and floor plans, as well as the compilation thereof, and any software used on the Site, is the property of Baby Melody or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions and will not make any changes thereto or copies thereof without the express written permission of Baby Melody.
Baby Melody content is not for resale. You will not modify, publish, transmit, reverse engineer, participate in the transfer for sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You may use protected content solely for your personal use, and will make no other use of the content without the express written permission of Baby Melody and the copyright owner(s). You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Baby Melody or our licensors, except as expressly authorized by these Terms.
You agree that if you misuse Baby Melody’s intellectual property in violation of these Terms, you may be subject to legal remedies and you will be responsible for any damages, losses, penalties, attorneys’ fees, and costs Baby Melody incurs as a result of your misuse.

Privacy Policy

You agree that your use of the Site is subject to the terms and conditions of Baby Melody's Privacy Policy, which is full incorporated herein.

Indemnification

You agree to indemnify, defend, and hold harmless Baby Melody, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or its services, any user content made or submitted by you, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Baby Melody reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Baby Melody in asserting any available defenses.

Legal Compliance

Baby Melody’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Baby Melody’s obligation to comply with governmental, judicial, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Baby Melody with respect to such use.

Termination/Access Restriction

You agree that you have no ownership rights in Baby Melody or the Site, nor do you have a right to use the Site. Baby Melody reserves the right, in its sole discretion, to terminate or restrict your access to the Site and related products, services, and functionalities, or any part thereof, at any time, with or without notice. Baby Melody further reserves the right, in its sole discretion, to delete or otherwise destroy any content submitted, posted, or uploaded to the Site or sent via other electronic communication, or any part thereof, at any time, with or without notice.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, MAY BE UNAVAILABLE DUE TO SERVICE INTERRUPTIONS, AND MAY CHANGE AT ANY TIME WITHOUT NOTICE. BABY MELODY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BABY MELODY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BABY MELODY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, DOWNLOADED FROM THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BABY MELODY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Law and Jurisdiction

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Entire Agreement

Unless otherwise specified herein, the Terms constitute the entire agreement between you and Baby Melody with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Baby Melody with respect to the Site. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Severability

If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severable and superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in full force and effect.

Changes to Terms

Baby Melody reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Your use of the Site after changes to the Terms are posted constitutes your agreement to those changes. Baby Melody encourages you to periodically review the Terms to stay informed of any updates.

Contact Us

Baby Melody welcomes your questions or comments regarding the Privacy Policy and Terms.  Please contact us at:

Effective Date

These Terms of Use became effective as of November 11, 2020.