Privacy Policy

Privacy Policy as of January 9, 2010.

Mavaru, LLC, a Georgia limited liability company (“Mavaru”, “we” or “us”), is committed to maintaining the privacy of your personal information. We have established this privacy policy and agreement ("Privacy Policy") to address our privacy practices with respect to our online collection, use, disposition and disclosure of personal information collected by us (whether provided by you or which we obtain in the course of your use of the website, www.mavaru.com and other websites owned and/or controlled by us as well as via web properties (including, without limitation, widgets, web gadgets, HTML links, etc.) that can be accessed by users via third-party websites (collectively, "Website"), or participation in the services that we offer on our Website (the “Services”)) online within the United States.

By using this Website and/or the Services you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree with the terms and conditions of this Privacy Policy, please do not use the Website.

The terms "you" and "your" as used in this Privacy Policy refer to each visitor and registrant to the Website, including (i) casual visitors who do not register to participate in the Services ("Visitors"), (ii) recording artists (or other music professionals) who register to participate in the Services in order to promote, introduce, distribute, and perform their works including any authorized representative or agent who registers on this Website on behalf of the of any recording artists (or other music professionals) whom they represent ("Registered Artists"); and (iii) music enthusiasts who register to participate in the Services to review, learn about and acquire rights to works provided by Registered Artists (“Registered Users”).

Your Consent. Please read this Privacy Policy carefully. Once you consent to the terms of this Privacy Policy as provided herein, such consent creates legal obligations on you and on us. Consent to the collection, use, disposition and disclosure of personal information may be given in various ways. For example, consent can be (a) express (for example, orally, electronically or on an on-line form you may electronically sign which describes the intended uses and disclosures of your personal information), (b) implied (for example, when you provide information necessary for a Service you have requested or for which you have registered), or (c) otherwise given, in some circumstances, where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose (such as by using an “opt out” option provided, if any). Also, your consent may be given by your authorized representative or agent (such as a person having a power of attorney).

Description of Information Types. Information on this Website falls into the following two categories: (i) personally identifiable information, and (ii) anonymous information. Personally Identifiable Information or “PII” is any information that could reasonably be used to identify you, including your name, address, e-mail address, birth date, certain types of financial information, photographs, telephone number or any combination of such information. While Anonymous Information or “AI” is information that does not identify you, such as statistical information regarding your use of our Services, your access to works posted by our Registered Artists, or the pages on our Website that you visit most frequently.

Registered Artist Account. In order to participate in our Services as a Registered Artist, we require that you complete a registration form. Our registration forms will specify the information which you must provide in order to enjoy the particular feature to which you wish to subscribe, which may include such items as (i) name(s) of performing group member(s); (ii) mailing address(es); (iii) birth date(s) (for COPPA (as defined below) and eligibility purposes); (iv) email address(es); and (v) home phone numbers. If you apply for an artist account to become a Registered Artist, you have to check a box and sign to agree to the terms of the Artist Agreement, which incorporates this Privacy Policy by reference. Checking and signing confirms your consent to and agreement to be bound by the terms and conditions of this Privacy Policy. As a Registered Artist, you will have the ability to provide and post information about yourself, including your name, “biography”, photographs, sound recordings and artwork. This information, once provided and posted by you, will be public information (and will be accessible by Visitors) and as such will not be treated as personally identifiable information under this Privacy Policy. It is the Registered Artist's responsibility to use discretion in what is posted as part of their account. If you, as a Registered Artist, have authorized another to represent you on this Website or if you represent that you are authorized to represent another on this Website, we advise you to use discretion in posting or allowing that representative to post or otherwise publish any of your personally identifiable information.

Registered User Account. In order to participate in our Services as a Registered User, we require that you complete a registration form. Our registration forms will specify the information which you must provide in order to enjoy the particular feature to which you wish to subscribe, which may include such items as (i) name; (ii) mailing address; (iii) birth date (for COPPA and eligibility purposes); (iv) email address; (and v) if and when you elect to download and pay for an item of content made available on the Website, credit card type and last four digits of such credit card. If you apply for an user account to become a Registered User, you will be prompted to check an "I have read and agree to the Privacy Policy" box linked to this Privacy Policy during the registration process. Checking confirms your consent to and agreement to be bound by the terms and conditions of this Privacy Policy. As a Registered User, you will provide information including your name, email address, zip code, gender, location, date of birth as well as be required to answer certain survey questions which may request that you disclose PII to answer such questions. At various points in time (i.e., your first visit to an artist profile or your first purchase of artist content on this Website), some or all of this information will be made available to our Registered Artists and once made available to such Registered Artists will no longer be within our control and thus can no longer be treated as personally identifiable information under this Privacy Policy. Please note, we may make available for purchase, provide and/or distribute this information to Registered Artists on an individual basis and on an aggregated basis.

PERSONALLY IDENTIFIABLE INFORMATION

Our Use of Your Personally Identifiable Information. We will only share PII you choose to provide to us via the Website with third parties as expressly disclosed in this Privacy Policy. We collect information from Visitors, Registered Artists and Registered Users at different points on our Website and through our Services. We may make available for purchase, provide and/or distribute limited PII (along with AI) belonging to Registered Users to Registered Artists. When a Registered User purchases or downloads an album published by a Registered Artist, the Registered User is able to choose whether or not to provide their email address to that artist (by checking a box that says “I would like to receive emails from this artist.”) We also provide Registered Artists with the date of birth of each Registered user who purchases or downloads their content. We only provide Registered Artists with PII from Registered Users who willfully purchase or download their content.

Vendors. We may employ or engage other companies to perform functions on our behalf, such as maintaining the Website, providing services related to the Website (including, for instance, survey services), collecting information, responding to and sending electronic mail, or other functions necessary to our business. We may need to share your PII with these companies (these companies, collectively, "Vendors"). We will provide Vendors with only that information necessary to perform their functions, and we will not contractually permit them to use your personally identifiable information for any other purpose. Please specifically note that we will be utilizing the services of PayPal to handle any financial transaction effectuated via the Services offered on our Website. PayPal collects certain PII. This PII is not under the control of nor does it belong to us and will be subject to the terms and conditions of PayPal’s privacy policy. Accordingly, we cannot take any responsibility regarding PayPal’s use or disclosure of such PII.

Questions of Harm and Legal Compliance. We may reveal your PII to attorneys, private investigator organizations or law enforcement agencies if we believe (a) that you are in risk of harm from another, or (b) that you are harming or interfering (or will harm or interfere) with others or violating (either intentionally or unintentionally) our Terms and Conditions, any of the terms and conditions of your respective registration agreement or otherwise violating legal rights. Additionally, we will reveal your personally identifiable information, to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your PII we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.

Merger. We may assign any or all of our rights hereunder and may transfer data (including an PII and/or AI we collect in our data beds)collected or acquired hereunder in the event of a merger or acquisition of all or substantially all of our assets or ownership.

Comments, Feedback, Questionnaires and Surveys. Visitors, Registered Artists and Registered Users may wish to provide us with comments and feedback concerning our Website generally. By communicating with us for these purposes, you may provide us with your email address and other PII. In these instances, we use any information you provide to us strictly for the purposes for which you submit the PII or as otherwise provided herein. Our Website may allow Visitors, Registered Users and Registered Members to participate in surveys and/or questionnaires, which from time to time we may post on the Website. You are free to choose whether you participate in a survey or questionnaire. We may ask that, in addition to providing your responses, you also provide PII. In these instances, we use any information you provide to us strictly for the purposes for which you submit the information. Also, survey and questionnaire information may be used for the purposes of monitoring or improving the use and appeal of this Website. As noted above, we may use third party vendors to provide some or all of these services.

Promotional Activity. To promote and market our Services and/or this Website we may post on our Website information regarding Registered Artists and their use of the Services. If we have used Registered Artist information or other information for these purposes, and you do not wish us to do so, please notify us and we will remove the information from our promotional material, within a reasonable period of time.

Notices. Periodically, we may choose to send news, bulletins, marketing materials, or other information to Registered Artists and Registered Users, and will use PII in order to send such communications. If we choose to undertake such communications, you will have the ability to opt out of receiving these communications as provided below.

Blog Function. We may offer a blog function on our Website in which you may choose to participate. Any comments you contribute, however, become public immediately and any personally identifiable information you disclose becomes available to the other participants or visitors. Our Privacy Policy does not cover the information you disclose on our Website. You should, therefore, use discretion in what you submit to these exchanges.

ANONYMOUS INFORMATION

Anonymous Information. As a Visitor, we allow you to decide whether you wish to provide us with PII. Accordingly, we have structured our Website so that you may visit our Website, and review selected information about Registered Artists without revealing your identity or providing any PII. The only information we collect about unregistered Visitors from your visit will be AI that does not identify you.

Our Use of Anonymous Information. We may use AI to analyze the effectiveness of our Website, to improve our Services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Visitors participating in our Services and the characteristics of Visitors at our Website, and may share AI with third parties, including advertisers and other service providers. As noted above, we may make available for purchase, provide and/or distribute AI to Registered Artists.

Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services. We may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer's name, the type and version of your web browser, referrer addresses and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes. None of this data contains PII.

Pixel Tags. We may use so-called "pixel tags" — small graphic images (also know as "web beacons" or "single-pixel GIFS") — to tell us what parts of our website have been visited or to measure the effectiveness of searches customers perform on our Website. Pixel tags also enable us to send email messages in a format customers can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our Registered Members. None of this data includes PII, and you can "opt-out" of receiving these types of emails from us by following the directions provided below. If any PII is collected using such tools, it will be subject to the terms of this Privacy Policy.

Click Through. We may send email messages which use a "click-through URL" linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with the provisions set forth below.

OTHER

Advertisers. The Services may include the display of ad banners of partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider or advertiser ("Advertisers"). These Advertisers may use traditional banner ads, or other advertising methods, such as advertising using profiles. An Advertiser may place or utilize its own cookie on your browser, and may use Anonymous Information about your visit to our Website, such as the number of times you have viewed the ad. If the Advertiser requests that you provide to it PII, please be aware that this Advertiser's use and collection of this information will be governed by its own privacy policy, and not our Privacy Policy and we can take no responsibility for their use and disclosure of such PII. We recommend that you review the Advertiser's privacy policy before providing PII.

Opting Out. If we choose to send to you bulletins, updates, or other unsolicited communications that are marketing-related materials, we will provide you with the ability to decline or "opt-out of" receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. Please understand that you will not be allowed to "opt–out" of formal notices concerning operation of this Website, and legal and other related notices concerning your relationship to the Website. To allow appropriate control over PII, you can access your account (after supplying your user name and password) to change or update discretionary information that you have previously submitted.

Deleting Information. Finally, if you request, we will remove your name and all other PII from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Website and any associated Services. You may not remove de-identified, anonymous, or aggregate data from our databases.

Security. We have put in place security systems designed to prevent unauthorized access to or disclosure of personally identifiable information you provide to us, and we take all reasonable steps to secure and safeguard this information. Our Website's password-protected section requires Registered Artists and Registered Users to give us unique identifiers such as their user id and password. Moreover, we store all PII we receive on a secure system isolated from direct connection to the Internet and we provide access to our databases containing PII on a need-to-know basis only. Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. Please understand, though, that the foregoing statements should not be construed in any way as warranty that our security systems are fail proof or the security of information provided by or submitted to us. Due to the nature of Internet communications and evolving technologies, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access. If we detect, despite the safeguards set out above, an intrusion or other unauthorized access to or use of personally identifiable information (an "Intrusion"), we will (i) notify effected users of the Intrusion if the information at issue is sensitive, in our discretion, (ii) deliver this notice by the means we deem most efficient under the circumstances (such as, for example, first class mail or email); (iii) use contact information for each effected user that is current in our files; and (iv) use commercially reasonable efforts to accomplish these steps and effect this notice in a timely manner. To the extent applicable law requires steps in addition to those specified above, we will under all circumstances comply with applicable law.

Participation by Children and Teens; Advisory. Due to federal law (as reflected in the Children's Online Privacy Protection Act “COPPA”), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 13 TO PARTICIPATE IN OUR WEBSITE OR SERVICES. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR WEBSITE AND SERVICES. IF YOU ARE BETWEEN 13 AND THE APPLICABLE AGE OF MAJORITY, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN. Please understand that we cannot necessarily tell if a user is providing us with his or her true age. A parent of a Registered Artist or Registered User who is under the age of majority is entitled to review the information that we have collected from or concerning their child (or ward), withdraw their consent to our further use of such information, or direct the deletion of such information by contacting us in accordance with this Privacy Policy.

Changes to Privacy Policy. From time to time, we may change our Privacy Policy. If we make any changes regarding disclosure of PII to third parties, we will post notice of the new Policy on the privacy link on our Website. With respect to Visitors, your use of our Website following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed. With respect to Registered Artists and Registered Users, no such changes will take effect unless and until you have provided us with your consent to such changes, in accordance with the provisions above regarding the manner in which consent can be given. In some cases, if you do not agree to the changes made to this Privacy Policy, you may not be able to access or utilize all or any part of this Website and/or the Services.

Terms and Conditions and Registration Agreement. This Privacy Policy must be read in conjunction with our Terms and Conditions and, if applicable, the registration form and agreement you completed to become a Registered Artist or Registered User, as applicable, and the provisions of our Terms and Conditions and such form and agreement are incorporated herein. To the extent the Terms and Conditions or such form and agreement conflict with the terms of this Privacy Policy, the terms of this Privacy Policy will control.

Questions. If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, please contact us at support@mavaru.com.

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