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Terms of Use
Introduction
Please read these Terms of Use ("Terms") carefully as they govern your use of (which includes access to) WindowSeat ™'s personalized services for streaming audio, music, video and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "WindowSeat ™ Service") and any audio, music, videos, podcasts, audiobooks, or other material that is made available through the WindowSeat ™ Service ("Content").
Use of the WindowSeat ™ Service is subject to the WindowSeat ™ Privacy Policy and additional terms and conditions presented by WindowSeat ™, all of which are made part of these Terms by this reference.
By signing up for, or otherwise using, the WindowSeat ™ Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the WindowSeat ™ Service or access any Content.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 6 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Service provider
These Terms are between you and WindowSeat ™Whatsoever, LLC d/b/a WindowSeat ™ (“WindowSeat ™”) 16051 Addison Rd, Suite 300, Addison, TX 75001.
Age and eligibility requirements
BY USING THE WINDOWSEAT ™ SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the WindowSeat ™ Service and access any Content, you represent that: you reside in the United States, and any registration and account information that you submit to WindowSeat ™ is true, accurate, and complete, and you agree to keep it that way at all times.
The WindowSeat Service
We provide numerous WindowSeat ™ Service options. Certain WindowSeat ™ Service options are provided free of charge, while other options require payment before they can be accessed ("Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
Trials
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate ("Trial"). By using a WindowSeat ™ Service via a Trial, you agree to the WindowSeat ™ Paid Subscription Terms.
Third-party applications, devices and open source software
The WindowSeat ™ Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. WindowSeat ™ does not guarantee that Third-Party Applications and Devices will be compatible with the WindowSeat ™ Service.
Service limitations and modifications
We use reasonable efforts to keep the WindowSeat ™ Service operational and to provide you with a personalized, immersive audio experience. However, WindowSeat ™ reserves the right to change our WindowSeat ™ Service offerings and their availability from time to time, without notice or liability to you. For example:
- The WindowSeat ™ Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
- We aim to evolve and improve the WindowSeat ™ Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of the WindowSeat ™ Service (including particular functions, features, subscription plans, and promotional offerings).
- WindowSeat ™ has no obligation to provide any specific content through the WindowSeat ™ Service, and WindowSeat ™ or the applicable owners may remove particular songs, videos, podcasts, shows, events and other Content without notice.
If you have prepaid fees directly to WindowSeat ™ for a Paid Subscription that WindowSeat ™ permanently discontinues prior to the end of your Prepaid Period (as that term is defined in the "Payments and cancellations" section below), WindowSeat ™ will refund you the prorated portion of the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
WindowSeat ™ has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other WindowSeat ™ Service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
Your Use of the WindowSeat Service
Creating a WindowSeat ™ account
You may need to create a WindowSeat ™ account to use all or part of the WindowSeat ™ Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team by email support@WindowSeat.com immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
WindowSeat ™ may reclaim, or require you to change, your username for any reason.
Your rights to use the WindowSeat ™ Service
Access to the WindowSeat ™ Service
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the WindowSeat ™ Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or WindowSeat ™. You agree that you will not redistribute or transfer the WindowSeat ™ Service or the Content.
The WindowSeat ™ software applications and the Content are licensed, not sold or transferred to you, and WindowSeat ™ and its licensors retain ownership of all copies of the WindowSeat ™ software applications and Content even after installation on your Devices.
WindowSeat ™'s proprietary rights
The WindowSeat ™ Service and the Content are the property of WindowSeat ™ or its licensors. All WindowSeat ™ trademarks, service marks, trade names, logos, domain names, and any other features of the WindowSeat ™ brand ("WindowSeat ™ Brand Features") are the sole property of WindowSeat ™ or its licensors. These Terms do not grant you any rights to use any WindowSeat ™ Brand Features whether for commercial or non-commercial use.
You agree to abide by the WindowSeat ™ User Guidelines and not to use the WindowSeat ™ Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.
Payments and cancellation
Billing
You may purchase a Paid Subscription directly from WindowSeat ™ or through a third party either by:
- paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
- prepayment giving you access to the WindowSeat ™ Service for a specific time period ("Prepaid Period").
Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
Purchases on WindowSeat™ may be made through a third party application or platform, separate terms and conditions with such third party may apply to your use of the WindowSeat ™ Service in addition to these Terms. Please contact the third party regarding any use of such third party. If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other offer provided or sold by or on behalf of WindowSeat ™ for access to a Paid Subscription ("Codes"), you hereby agree to
Price and tax changes
WindowSeat ™ may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Prepaid Period (for periods not yet paid), or Codes, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the WindowSeat ™ Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
Renewal and cancellation
With the exception of Paid Subscriptions for a Prepaid Period, your payment to WindowSeat ™ or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team at support@windowseat.com for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the WindowSeat ™ Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated with your Code, or when there is an insufficient prepaid balance to pay for the WindowSeat ™ Service.
User guidelines
We've established guidelines for using the WindowSeat ™ Service, to make sure the WindowSeat ™ Service stays enjoyable for everyone ("WindowSeat ™ User Guidelines"). In using the WindowSeat ™ Service, you must comply with the WindowSeat ™ User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
Brand accounts
If you establish a WindowSeat ™ account on behalf of a company, organization, entity, or brand ( "Corporate," and such account a "Corporate Account"), the terms "you" and "your," as used throughout these Terms (including other WindowSeat ™ terms and conditions incorporated by reference herein), apply to both you and the Corporate.
If you create a Corporate Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable WindowSeat ™ terms and conditions) and to bind the Corporate to these Terms.
A Corporate may follow users and create and share playlists, provided that the Corporate does not take any action that implies an endorsement or commercial relationship between the Corporate and the followed user, artist, songwriter, or any other person, unless the Corporate has independently obtained the rights to imply such an endorsement. In addition, Corporates must be transparent to our users about disclosing any endorsements or consideration provided to artists, songwriters, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.
Export control and sanctions
Certain WindowSeat ™ products and services are subject to trade control laws, including the export control and economic sanctions laws of the United States, the European Union, the United Kingdom and other jurisdictions, including but not limited to the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), the International Traffic in Arms Regulations maintained by the U.S. Department of State, Regulation 2021/821 as amended (EU Dual-Use Regulation), the UK Export Control Act 2002 and the UK Export Control Order 2008 (collectively, "Trade Control Laws"). You represent and warrant that you are (1) not located in, organized under the laws of, or ordinarily resident in any country or territory subject to territorial sanctions ("Sanctioned Country"), nor are you owned by or acting on behalf of a Government subject to asset-blocking sanctions or any person or entity organized, located or ordinarily resident in a Sanctioned Country; and (2) not a person identified on, or more than 50% owned or controlled, directly or indirectly, by or acting on behalf or at the direction of any entity identified on, U.S., E.U., U.K., or other applicable government restricted party lists, such as the Specially Designated Nationals List maintained by OFAC, the Consolidated list of persons, groups and entities subject to EU financial sanctions, or the UK Consolidated List.
You agree to comply with all applicable Trade Control Laws in your use of the WindowSeat ™ Service. Specifically, you agree not to, directly or indirectly, use, sell, supply, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from WindowSeat ™ under these Terms to any destination, entity, or person or for any end use prohibited by applicable Trade Controls Laws. WindowSeat ™ shall not be required to act in any way that is prohibited under applicable Trade Control Laws, and it shall be in the sole discretion of WindowSeat ™ to refrain from being directly or indirectly involved in the provision of products or services that may be prohibited under applicable Trade Control Laws.
Content and Intellectual Property Rights
User Content
The content you post on the WindowSeat ™ Service
WindowSeat ™ users may post, upload, or otherwise contribute content to the WindowSeat ™ Service ("User Content"). For the avoidance of doubt, User Content includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the WindowSeat ™ Service by users.
You are solely responsible for all User Content that you post.
You promise that, with respect to any User Content you post on WindowSeat ™, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by WindowSeat ™ pursuant to the license granted below, does not: (i) violate these Terms, including the WindowSeat ™ User Guidelines, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by WindowSeat ™ or any content creator, artist, band, label, or other individual or entity without the prior express written consent from WindowSeat ™ or such individual or entity.
In posting or sharing User Content or other information on the WindowSeat ™ Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the WindowSeat ™ Service and across the web, so please use caution in posting or sharing on the WindowSeat ™ Service, and be mindful of your account settings. WindowSeat ™ is not responsible for what you or others post or share on the WindowSeat ™ Service.
Monitoring user content
WindowSeat ™ may, but has no obligation to, monitor or review User Content. WindowSeat ™ reserves the right to remove or disable access to any User Content for any or no reason. WindowSeat ™ may take these actions without prior notification to you.
Licenses that you grant to us
User Content
You retain ownership of your User Content when you post it to the WindowSeat ™ Service. However, in order for us to make your User Content available on the WindowSeat ™ Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to WindowSeat ™ a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the WindowSeat ™ Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Feedback
If you provide ideas, suggestions, or other feedback in connection with your use of the WindowSeat ™ Service or any Content ("Feedback"), such Feedback is not confidential and may be used by WindowSeat ™ without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
Your Device
You also grant to us the right (1) to allow the WindowSeat ™ Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the WindowSeat ™ Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
Content experience
In any part of the WindowSeat ™ Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including WindowSeat ™'s agreements with third parties.
Some Content licensed by, provided to, created by, or otherwise made available by WindowSeat ™ (e.g., podcasts or shows) may incorporate advertising or other promotional messages.
Infringement claims
WindowSeat ™ respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please see the WindowSeat ™ Intellectual Property Policy.
Customer Support, Information, Questions, and Complaints
Customer support, information, questions, and complaints
For customer support with account- and payment-related questions or if you have any questions concerning the WindowSeat ™ Service or these Terms (including any additional WindowSeat ™ terms and conditions incorporated herein) ("Customer Support Queries"), please contact us at support@WindowSeat.com.
In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the WindowSeat ™ Service or to receive further information regarding use of the WindowSeat ™ Service.
Problems and Disputes
Suspending and terminating the WindowSeat ™ Service
These Terms will continue to apply to you until terminated by either you or WindowSeat ™. WindowSeat ™ may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the WindowSeat ™ Service at any time if we believe you have breached any of these Terms, if we stop providing the WindowSeat ™ Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or WindowSeat ™ terminate these Terms, or if WindowSeat ™ suspends your access to the WindowSeat ™ Service, you agree that WindowSeat ™ shall have no liability or responsibility to you, and (except as expressly provided in these Terms) WindowSeat ™ will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the WindowSeat ™ Service. To learn how to terminate your WindowSeat ™ account, please contact Customer Support at support@WindowSeat.com.
The following sections shall survive termination: Sections 2 (The WindowSeat ™ Service), 3 (Your Use of the WindowSeat ™ Service) (except as set forth therein), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
Warranty disclaimers
THE WINDOWSEAT ™ SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, WINDOWSEAT ™ AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WINDOWSEAT ™ NOR ANY OWNER OF CONTENT WARRANTS THAT THE WINDOWSEAT ™ SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, WINDOWSEAT ™ MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE WINDOWSEAT ™ SERVICE OR ANY HYPERLINKED WEBSITE, AND WINDOWSEAT ™ IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM WINDOWSEAT ™ SHALL CREATE ANY WARRANTY ON BEHALF OF WINDOWSEAT ™. WHILE USING THE WINDOWSEAT ™ SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME MATURE CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL MATURE CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
Limitation of liability and time for filing a claim
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WINDOWSEAT ™ SERVICE IS TO UNINSTALL ANY WINDOWSEAT ™ SOFTWARE AND TO STOP USING THE WINDOWSEAT ™ SERVICE. YOU AGREE THAT WINDOWSEAT ™ HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE WINDOWSEAT ™ SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO WINDOWSEAT ™, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WINDOWSEAT ™, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WINDOWSEAT ™ SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WINDOWSEAT ™ HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WINDOWSEAT ™ SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO WINDOWSEAT ™ DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00.
For clarification, these Terms do not limit WindowSeat ™'s liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND OR FILING AN INDIVIDUAL ACTION AS SPECIFIED UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
Third-party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, (1) these Terms are not intended to grant rights to anyone except you and WindowSeat ™; and (2) in no event shall these Terms create any third-party beneficiary rights.
If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and WindowSeat ™ only, not with Apple, and Apple is not responsible for the WindowSeat ™ Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the WindowSeat ™ Service. In the event of any failure of the WindowSeat ™ Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the WindowSeat ™ Service. Apple is not responsible for addressing any claims by you or any third party relating to the WindowSeat ™ Service or your possession or use of the WindowSeat ™ Service, including: (1) product liability claims; (2) any claim that the WindowSeat ™ Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the WindowSeat ™ Service or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the WindowSeat ™ Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
Indemnification
You agree to indemnify and hold WindowSeat ™ harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional WindowSeat ™ terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the WindowSeat ™ Service; and (4) your violation of any law or the rights of a third party.
Governing law, jurisdiction, and jury trial waiver
These Terms and any dispute, claim, and/or controversy that in any way relates to or arises in connection with these Terms or your relationship with WindowSeat ™ as a user of the WindowSeat ™ Service ("Dispute") are governed by and shall be construed in accordance with the laws of the state of Texas, except to the extent preempted by or inconsistent with federal law. Further, you and WindowSeat ™ agree to the exclusive jurisdiction of the federal or state courts located in Dallas, Texas, to resolve any Dispute that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
To the fullest extent permitted by applicable law, the parties agree to waive any right to a jury trial and agree to the terms of the Dispute Resolution set out below.
Dispute Resolution
Any controversy, claim, or dispute arising out of or related to these Terms, the WindowSeat ™ Service, the Content any applicable addition terms while using the WindowSeat™ Services, or the relationship of the parties, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to the American Arbitration Association Consumer Arbitration Rules (the “Arbitration Rules”). The arbitration shall be conducted in Dallas, Texas before a single neutral arbitrator appointed in accordance with the Arbitration Rules. To the fullest extent permitted by law, the arbitrator shall not have the power to award indirect, punitive, special, or consequential damages against any party. Arbitration costs and fees shall be determined in accordance with the Arbitration Rules and applicable law. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, regardless of which party prevails, but a party may recover any or all of its attorneys’ fees, costs and expenses from another party if the arbitrator, applying applicable law, so determines. No Dispute may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Judgment on the award rendered by the arbitrator, if any, may be entered for enforcement purposes in any court having jurisdiction thereof. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO PRESENT A DISPUTE IN COURT, RIGHT TO A JURY TRIAL, AND ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. This Dispute Resolution portion of this Section 6 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and WindowSeat agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement. Either party may seek enforcement of this section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
About These Terms
Under applicable law, you may have certain rights that can't be limited by a contract. These Terms are in no way intended to restrict those rights.
Changes
We may make changes to these Terms (including any additional WindowSeat ™ terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable WindowSeat ™ Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other prominent notice within the WindowSeat ™ Service, or other means). Your use of the WindowSeat ™ Service following any changes to these Terms will constitute your acceptance of such changes. Premium Subscribers who do not wish to continue using the WindowSeat ™ Service under the updated Terms must close their WindowSeat ™ account prior to their renewal date or thirty (30) days after the Effective Date, whichever occurs first. If WindowSeat ™ makes any material change to the Arbitration Agreement (other than a change to the notice address), you may reject any such change by sending us a personally signed, written notice of your decision to opt out of those changes via email to support@WindowSeat.com. This opt-out notice must be sent within thirty (30) days of when we notify users of the change and include: (1) your name, address, email address associated with your WindowSeat ™ account, phone number, and WindowSeat ™ username. Such an opt-out must be sent by you personally from your personal email address, and not by your agent, attorney, or anyone else purporting to act on your behalf. The opt-out notice also must include a statement that you wish to reject the change to the Arbitration Agreement. Opting out of a material change to the Arbitration Agreement is not an opt-out of arbitration altogether. Even if you opt out of a material change to the Arbitration Agreement, you and WindowSeat ™ agree that any Dispute will be determined by binding individual (not class) arbitration in accordance with the Arbitration Agreement in effect immediately before any such opt-out.
Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and WindowSeat ™, these Terms constitute all the terms and conditions agreed upon between you and WindowSeat ™ and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the WindowSeat ™ Service are incorporated herein by reference, including but not limited to the following terms and conditions: WindowSeat ™ Paid Subscription Terms; WindowSeat ™'s Card Terms; WindowSeat ™ User Guidelines; WindowSeat ™ Copyright Policy; WindowSeat Privacy Policy and WindowSeat Kids Privacy Policy.
Severability and waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by WindowSeat ™ or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive WindowSeat ™'s or the applicable third-party beneficiary's right to do so.
Assignment
WindowSeat ™ may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party.
Privacy Policy
About this Policy
This Privacy Policy describes how we process your personal data at Whatsoever, LLC d/b/a From now on, we’ll call it the ‘Policy’.
It applies to your use of:
- all WindowSeat™ streaming services as a user. For example this includes:
- your use of WindowSeat™ on any device
- the personalization of your user experience.
- the infrastructure required to provide our services
- connection of your WindowSeat™ account with another application
- both our free or paid streaming options (each a ‘Service Option’)
- other WindowSeat™ services which include a link to this Policy. These include WindowSeat™ websites, Customer Service and the Community Site
From now on, we’ll collectively call these the ‘WindowSeat™ Service’.
From time to time, we may develop new or offer additional services. They’ll also be subject to this Policy, unless stated otherwise when we introduce them. IIf you reside in California, our supplemental California Notice at Collection, applies in addition to this Policy.
Your personal data rights and controls
Privacy laws give certain rights to individuals over their personal data.
The table below explains:
- your rights
- circumstances when they apply
- how to use them
You will not receive discriminatory treatment for exercising any of your privacy rights.
It’s your right to... | How? | |
|---|---|---|
Be informed | Be informed of the personal data we process about you and how we process it. | We inform you:
|
Know/Access | Request to know and access the personal data we process about you. | To request a copy of your personal data from WindowSeat™ contact us at privacy@WindowSeat.com |
Correction | Request that we amend or update your personal data where it’s inaccurate. | You can edit your User Data under ‘Edit profile’ in your account or by contacting us at privacy@WindowSeat.com. |
Deletion | Request that we delete certain of your personal data. Please note there are situations where WindowSeat™ is unable to delete your data, for example when:
| There are several ways you can delete personal data from WindowSeat™:
|
Opt-out of tailored advertising | Request to opt out of the processing of your personal data for tailored advertising. | Where possible, you can exercise your right to opt out in your account privacy setting or contact us at privacy@WindowSeat.com. |
Data portability | Request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service. | For information about how to exercise the right to portability, see ‘Know/Access’ above. |
Not be subject to automated decision making | Not be subject to a decision based solely on automated decision making (decisions without human involvement), including profiling, where the decision would have a legal effect on you or produce a similarly significant effect. | WindowSeat™ does not carry out this type of automated decision making in the WindowSeat™ Service. |
Withdrawal of consent | Withdraw your consent to us collecting or using your personal data. You can do this if WindowSeat™ is processing your personal data solely based on your consent. | To withdraw your consent, you can:
|
Verifying requests, generally
To verify a request to know, request to delete, and request to correct, we ask you to provide certain details related to your WindowSeat™ account. Please note, if you do not have a WindowSeat™ account we will not have enough information about you to verify your identity and respond to your requests, as we do not keep sufficient information necessary to re-identify and link you to a prior visit to the WindowSeat™ Service where data may have been collected. As such, we will be unable to verify and honor your requests.
Household requests
If all the members of a household make an access, correction or deletion request, we will respond as if the requests are individual requests.
Requests made through agents
You may designate, in writing or through a power of attorney (in accordance with local law), an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Appeals process
If your request is denied you may have the right to appeal the denial in accordance with the instructions provided to you when the denial was made.
Tailored advertising controls
What is tailored advertising?
- This is when we use information about your use of our services and other websites and mobile apps to tailor ads to be more relevant to you. This is also known as interest based advertising, targeted advertising, or ‘sharing’ for purposes of cross-context behavioral advertising.
- An example of tailored advertising is when an advertising partner provides us with information indicating that you may be interested in cars. This could enable us to show you ads about cars.
How to control tailored advertising:
- You can control tailored advertising in your account control setting or contact us at privacy@WindowSeat.com.
If you are ‘opted out’ of tailored advertising, you will receive less relevant advertising. Younger users may have tailored advertising turned off by default. When you reach the appropriate age of 18, you may start to receive tailored advertising.
Personal data we collect about you
These tables set out the categories of personal data we collect from you.
These tables set out the categories of personal data we collect from you.
Categories | Categories under CCPA | Description |
|---|---|---|
User Data | Identifiers; and Characteristics of protected classifications under California or U.S. law (i.e., your age and gender) | Personal data that we need to create your WindowSeat™ account and that enables you to use the WindowSeat™ Service. The type of data collected and used depends on the type of Service Option you have. It also depends on how you create your account, the country you are in, and if you use third party services to sign in. This may include your:
We receive some of this data from you e.g. from the sign up form or account page. We also collect some of this data from your device e.g. country or region. For more information about how we collect and use this data, see ‘Your general (non-precise) location’ in the Usage Data category. |
Street Address Data | Geolocation data | We may ask for and process your street address for the following reasons:
In some cases, we may use a third party application to help you verify your address, such as Google Maps. |
Collected through your use of the WindowSeat™ Service
Categories | Categories under CCPA | Description |
|---|---|---|
User Data | Internet or other electronic network activity information; Geolocation data (i.e.,your non-precise location as derived from your IP address); Commercial information; and Inferences | Personal data collected and processed about you when you’re accessing or using the WindowSeat™ Service. There are a few types of information this includes, listed in the following sections. Information about how you use WindowSeat™ Examples include:
Your technical data Examples include:
Your general (non-precise) location Your general location includes country, region or state. We may learn this from technical data (e.g. your IP address, language setting of your device) or payment currency. We need this to:
Your device sensor data Motion-generated or orientation-generated device sensor data if needed to provide features of the WindowSeat™ Service that require this data. This is data which your device collects about the way you move or hold your device. |
Additional data you may choose to give us
Categories | Categories under CCPA | Description |
|---|---|---|
Payment and Purchase Data | Commercial information | If you make any purchases from WindowSeat™ or sign up for a paid Service Option or a trial, we will need to process your payment data. The exact personal data collected and used will vary depending on the payment method. It will include information such as:
|
Survey and Research Data | Identifiers; and other information you share | When you respond to a survey or take part in user research, we collect and use the personal data you provide as described in the survey or research. |
We receive some of the data mentioned above from third parties. The below table describes the categories of those third parties.
Third party sources that we receive your data from
Categories | Categories under CCPA | Description |
|---|---|---|
Authentication partners | If you register for or log into the WindowSeat™ Service using another service, that service will send your information to us. This information helps create your account with us. | User Data |
Third party applications, services and devices you connect to your WindowSeat™ account | These third party apps, services or devices may include:
We’ll ask your permission before we collect your information from certain third parties. | User Data Usage Data |
Technical service partners | We work with technical service partners that give us certain data. This includes mapping IP addresses to non-precise location data (e.g., country or region, city, state). This makes it possible for WindowSeat™ to provide the WindowSeat™ Service, content, and features. We also work with security service providers who help us protect user accounts. | User Data Usage Data |
Payment partners and Merchants | If you choose to pay through third parties (e.g. telco carriers) or by invoice, we may get data from our payment partners. This allows us to:
If we direct you to a merchant, we receive data from the merchant that is related to your purchase. For example, we might direct you to an artist’s merchandise store on a third party platform or to a third party ticketing website. Receiving this data allows us to:
| Payment and Purchase Data |
Advertising and marketing partners | We receive inferences from certain advertising or marketing partners. These inferences are the partners’ understanding of your interests and preferences. This allows us to deliver more relevant ads and marketing. | Usage Data |
Acquired companies | We may receive data about you from companies we acquire. This is to enhance our services, products, and offerings. | User Data Usage Data |
If you download the WindowSeat™ mobile app and try WindowSeat™ using a logged out user experience, we will collect limited information about your usage of the WindowSeat™ Service, including Usage Data. We do this to understand how you are accessing and using the Service. We also do this to ensure we provide the right experience for you, for example based on your country or region. If you decide to create a WindowSeat™ account to experience our service in full, then we will combine this data with your WindowSeat™ account data.
Our purpose for using your personal data
The table below sets out:
- our purpose for processing your personal data
- categories of personal data which we use for each purpose. See more about these categories in Section 3 ‘Personal data we collect about you’
Purpose for processing your data | Categories of personal data used for the purpose |
|---|---|
To provide the WindowSeat™ Service. For example, when we use your personal data to:
|
|
To diagnose, troubleshoot, and fix issues with the WindowSeat™ Service. |
|
To evaluate and develop new features, technologies, and improvements to the WindowSeat™ Service. For example:
|
|
To comply with a legal obligation that we are subject to. This might be:
For example, when we use your date of birth when required for age verification purposes. |
|
To comply with a request from law enforcement, courts, or other competent authorities. |
|
To fulfill contractual obligations with third parties. For example, when we provide pseudonymized data about our users’ listening because we have an agreement with a WindowSeat™ rightsholder to do so. Pseudonymized data means that your data is identified by a code rather than your name or other directly identifying information. |
|
To take appropriate action with reports of intellectual property infringement and inappropriate content. |
|
To establish, exercise, or defend legal claims. For example, if we are involved in litigation, we need to provide information to our lawyers in relation to that legal case. |
|
To conduct business planning, reporting, and forecasting. For example, when we look at aggregated user data like the number of new sign ups in a country in order to plan new locations to launch our products and features in. |
|
To process your payment. For example, when we use your personal data to let you purchase a WindowSeat™ subscription. |
|
To keep the WindowSeat™ Service secure and to detect and prevent fraud. For example, when we analyze Usage Data to check for fraudulent use of the WindowSeat™ Service. |
|
To conduct research and surveys. For example, when we contact our users to ask for your feedback. |
|
Data retention
We keep your personal data only as long as necessary to provide you with the WindowSeat™ Service and for WindowSeat™’s legitimate and essential business purposes, such as:
- maintaining the performance of the WindowSeat™ Service
- making data-driven business decisions about new features and offerings
- complying with our legal obligations
- resolving disputes
Here are some of the categories of our retention periods, and the criteria we use to determine them:
Data retained until you remove it
It’s your right to request that we delete certain of your personal data. See the section on ‘Deletion’ in Section 2 ‘Your personal data rights and controls’ for more information, and the circumstances in which we can act on your request.
You can also delete certain personal data directly from the WindowSeat™ Service: for example, you can edit or delete your profile picture. Where users are able to see and update the personal data themselves, we keep the information for as long as the user chooses unless one of the limited purposes described below applies.
Data that expires after a specific period of time
We have set certain retention periods so that some data expires after a specific period of time. For example, personal data you may input as part of search queries is generally deleted after 90 days.
Data retained until your WindowSeat™ account is deleted
We keep some data until your WindowSeat™ account is deleted. Examples of this include your WindowSeat™ username and profile information. We also typically keep streaming history for the life of an account, for example, to provide retrospective playlists that users enjoy and personalized recommendations that take listening habits into account (for example, Your Time Capsule or Your Summer Rewind). When your WindowSeat™ account is deleted, this category of data is deleted or de-identified.
Data retained for extended time periods for limited purposes
After your account is deleted, we keep some data for a longer time period but for very limited purposes. For example, we may be subject to legal or contractual obligations that require this. These may include mandatory data retention laws, government orders to preserve data relevant to an investigation, or data kept for the purposes of litigation. We may also keep data that has been removed from the WindowSeat™ Service for a limited period of time. This could be:
- to help ensure user safety, or
- to protect against harmful content on our platform.
This helps us investigate potential breaches of our User Guidelines and Platform Rules. On the other hand, we will remove unlawful content if the law requires us to do so.
Transfer to other countries
Because of the global nature of our business, WindowSeat™ transfers personal data internationally with WindowSeat™ group companies, subcontractors and partners when carrying out the activities described in this Policy.
Whenever we transfer personal data internationally, we use tools to make sure the data transfer complies with applicable law.
We also identify and use additional protections as appropriate for each data transfer. For example, we use:
- technical protections, such as encryption and pseudonymization
- policies and processes to challenge disproportionate or unlawful government authority requests
Keeping your personal data safe
We’re committed to protecting our users’ personal data. We put in place appropriate technical and organizational measures to help protect the security of your personal data. However, be aware that no system is ever completely secure.
We have put various safeguards in place to guard against unauthorized access and unnecessary retention of personal data in our systems. These include pseudonymization, encryption, access, and retention policies.
To protect your user account, we encourage you to:
- use a strong password which you only use for your WindowSeat™ account
- never share your password with anyone
- limit access to your computer and browser
- log out once you have finished using the WindowSeat™ Service on a shared device
If other individuals have access to your WindowSeat™ account, then they can access personal data, controls and the WindowSeat™ Service available in your account. For example, you might have allowed someone to use your account on a shared device.
It’s your responsibility to only allow individuals to use your account where you’re comfortable sharing this personal data with them. Anyone else’s use of your WindowSeat™ account may impact your personalized recommendations.
Children
The WindowSeat™ Service has a minimum ‘Age Limit’ in each country or region. The WindowSeat™ Service is not directed to children whose age:
- is under the age of 13 years
- makes it illegal to process their personal data, or
- requires parental consent to process their personal data
We do not knowingly collect or use personal data from children under the applicable Age Limit. If you’re under the Age Limit, do not use the WindowSeat™ Service, and do not provide any personal data to us.
If you’re a parent of a child under the Age Limit and become aware that your child has provided personal data to WindowSeat™ at privacy@WindowSeat.com
If we learn that we’ve collected the personal data of a child under the applicable Age Limit, we’ll take reasonable steps to delete the personal data. This may require us to delete the WindowSeat™ account for that child.
When using a shared device on the main WindowSeat™ Service, be cautious about playing or recommending any inappropriate content to individuals under 18 years old.
Changes to this Policy
We may occasionally make changes to this Policy.
When we make material changes to this Policy, we’ll provide you with prominent notice as appropriate under the circumstances. For example, we may display a prominent notice within the WindowSeat™ Service or send you an email or device notification.
How to contact us
For any questions or concerns about this Policy, contact our Data Protection Officer any one of these ways:
- email privacy@WindowSeat.com
- write to us at: 16051 Addison Rd, Suite 300, Addison, TX 75001
Whatsoever, LLC d/b/a WindowSeat™ is the data controller of personal data processed under this Policy.
Kids Privacy Policy
About this Policy
This Policy describes how we process your and your child's personal data when using WindowSeat ™. The aim of this Policy is to explain how WindowSeat ™ gives your child a great experience when using WindowSeat ™, and in particular to:
- Ensure that you understand what personal data we collect about you and your child when using WindowSeat ™, the reasons why we collect and use it, and who we share it with;
- Explain the additional privacy and security measures and controls we have implemented for WindowSeat ™ in order to provide a good environment for your child; and
- Explain the available rights and choices in relation to the personal data we collect and process about you and your child when using WindowSeat ™, and how we will protect the privacy of your child.
Parental controls and security
We are committed to protecting your and your child's personal data. We implement appropriate technical and organizational measures to help protect the security of your child's personal data; however, be aware that no system is ever completely secure. We have implemented various policies to guard against unauthorized access and unnecessary retention of personal data in our systems, for information on our polices please contact us at privacy@windowseat.com.
To help ensure a good environment for your child when using WindowSeat ™, we've also implemented the following controls:
- Parental protection - in order to access and enable certain functions in WindowSeat ™, such as creating or deleting a child's account and changing the account settings, you as a parent need to provide a verification code. This allows you to control what features your child may use on WindowSeat ™ and prevents your child from changing settings by themselves.
- Appropriate content - WindowSeat ™ will only contain age-appropriate content, selected by our editors. At account setup, you will have the option to select what kind of content your child's WindowSeat ™ account should contain.
In the WindowSeat ™ Privacy Policy you can learn more about the rights and preferences applicable to any of your personal data which is processed by WindowSeat ™. You can, at any time, access the personal data associated with the WindowSeat ™ account. In addition, you can always request that we delete the personal data associated with the WindowSeat ™ account. If you request deletion of your own WindowSeat ™ account, the personal data associated with the WindowSeat ™ account will automatically be deleted.
If you have any questions about your child's privacy, your rights, or how to exercise them, please contact at privacy@WindowSeat.com . We will respond to your request within a reasonable period of time upon verification of your identity. You also have the right to contact your local data protection authority about any questions or concerns.
Personal data we collect about you and your child
These tables set out the categories of personal data we collect and use.
Collected when you sign up for the WindowSeat™
Service or when you update your account
Categories of personal data | Description of category |
|---|---|
User Data | Personal data collected about you and your child when you’re accessing and/or using WindowSeat ™:
|
Third party applications and devices you connect to your WindowSeat ™ account | We work with technical service partners that give us certain data, such as mapping IP addresses to non-precise location data (e.g., city, state, or post code). This makes it possible for us to provide WindowSeat ™ content and features. |
Our purpose for using your personal data
The table below sets out:
- our purpose for processing your personal data
- our legal justifications (each called "legal basis") under data protection law, for each purpose
- categories of personal data which are used for each purpose (these categories are defined in Section 3 "Personal data we collect about you and your child")
In Section 4 in the WindowSeat ™ Privacy Policy we provide a general explanation of each legal basis to help you understand the table.
Purpose for processing your data | Legal basis that permits the purpose | Personal data we collect about you and your child |
|---|---|---|
To provide WindowSeat ™ to you and your child, including basic content recommendations based on for example; age group, country, and time of day. For example, if you have a young child and it is night time, we might position bedtime content more prominently in the app for you. |
|
|
To understand, diagnose, troubleshoot, and fix issues with WindowSeat ™. |
|
|
Correction | Request that we amend or update your personal data where it’s inaccurate. | You can edit your User Data under ‘Edit profile’ in your account or by contacting us at privacy@WindowSeat.com. |
To evaluate and develop new features, technologies, and improvements to WindowSeat ™. |
|
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To market WindowSeat ™, and send offers, promotions, recommendations, and surveys to you as a parent. |
|
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To comply with legal obligations, law enforcement requests, and fulfill contractual obligations with third parties, such as rights holders. |
|
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To establish, exercise, or defend legal claims. |
|
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To conduct business planning, reporting, and forecasting. |
|
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To detect fraud, including fraudulent use of WindowSeat ™. |
|
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If you require further information about the balancing test that WindowSeat ™ has undertaken to justify its reliance on the legitimate interest legal basis under the GDPR, please see Section 9 'How to contact us' for further details on how to contact us.
Sharing your child's personal data
This section sets out the categories of recipients of the personal data collected or generated through your and your child's use of WindowSeat ™.
Personal data you may choose to share
Categories of Recipients | Reason for sharing |
|---|---|
Third party applications and devices you connect to the WindowSeat ™ account | We work with trusted third parties to enable certain features and functionalities on WindowSeat ™ that you choose to use, such as listening on WindowSeat ™ through your home speaker. We will only share personal data with these third parties when you as a parent allow us to do so, e.g. by selecting the appropriate setting, allowing bluetooth connection on the device, and/or by providing your consent. If you do allow us to do so in that way, we will only share personal data required to enable that integration such as username/identifier. |
Third party applications and devices you connect to your WindowSeat ™ account | We work with technical service partners that give us certain data, such as mapping IP addresses to non-precise location data (e.g., city, state, or post code). This makes it possible for us to provide WindowSeat ™ content and features. |
Information we may share
Categories of Recipients | Reason for sharing |
|---|---|
Service providers | So they can provide their services to WindowSeat ™. These service providers may include those we hire to:
|
Other WindowSeat ™ Group Companies | Where we have offices, to carry out our daily business operations and so we can maintain and provide WindowSeat ™ to you. |
Law enforcement and other authorities | When we believe in good faith it’s necessary for us to do so, for example:
|
Purchasers of our business | Where we sell or negotiate to sell our business to a buyer or possible buyer. In this situation, WindowSeat ™ will continue to ensure the confidentiality of your personal data and give you notice before your personal data is transferred to the buyer or becomes subject to a different privacy policy. |
Data retention and deletion
Retention
We keep your and your child's personal data only as long as necessary to provide you and your child with WindowSeat ™ and for WindowSeat ™'s legitimate and essential business purposes, such as:
- maintaining the performance of WindowSeat ™
- making data-driven business decisions about new features and offerings
- complying with our legal obligations
- resolving disputes.
Deletion
If you close or request that we close your account, we will delete or anonymise your and your child's personal data so that it no longer identifies you, unless, we are legally allowed or required to keep something.
Here are some examples of situations where we're legally allowed or required to keep some of your personal data:
- if there is an unresolved issue relating to your WindowSeat ™ account(s), such as an unresolved claim or dispute
- for our legal, tax, audit, and accounting obligations
- for our legitimate business interests such as fraud prevention or to maintain the security of our users.
Transfer to other countries
We may transfer your and your child's personal data to other countries as described in Section 7 in the WindowSeat ™ Privacy Policy.
Changes to this Privacy Policy
We may occasionally make changes to this Policy.
When we make material changes to this Policy, we'll provide you with prominent notice as appropriate under the circumstances. For example, we may display a prominent notice within the WindowSeat ™ Service or send you an email or device notification.
How to contact us
For any questions or concerns about this Policy, contact our Data Protection Officer any one of these ways:
email privacy@WindowSeat.com
write to us at: Whatsoever, LLC d/b/a WindowSeat™ 16051 Addison Rd, Suite 300, Addison, TX 75001.
Whatsoever, LLC d/b/a WindowSeat is the data controller of personal data processed under this Policy.
We hope you enjoy WindowSeat ™!
User Guidelines
Hello! Welcome to the WindowSeat™ User Guidelines ("User Guidelines") which apply when using WindowSeat™'s websites, applications and services that reference these User Guidelines (the "Services") including accessing any type of material or content made available through those Services ("Content"). These User Guidelines are designed to ensure the Services stay enjoyable for everyone.
We may update these User Guidelines from time to time - you can find the latest version on our website.
Violating the User Guidelines may result in removal of any content or material you've contributed to the Services and/or termination or suspension of your account. We try to make the Services broadly available to everyone, but you cannot use our Services if we've previously terminated your account on any of our Services. We also prohibit attempts to circumvent prior enforcement actions, including through the creation of new accounts.
The following is not permitted for any reason whatsoever in relation to the Services and the material or content made available through the Services, or any part thereof:
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works, except where such restriction is expressly prohibited by applicable law. If applicable law allows you to decompile any part of the Services or Content where required in order to obtain the information necessary to create an independent program that can be operated with the Services or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without WindowSeat™'s prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Services or the Content;
- copying, reproducing, redistributing, "ripping," recording, transferring, performing, framing, linking to or displaying to the public, broadcasting, or making available to the public, or any other use which is not expressly permitted under the Agreements or applicable law, or which otherwise infringes intellectual property rights;
- importing or copying any local files that 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;
- "crawling" or "scraping", whether manually or by automated means, or otherwise using any automated means (including bots, scrapers, and spiders), to view, access or collect information, or using any part of the Services or Content to train a machine learning or AI model or otherwise ingesting WindowSeat™ Content into a machine learning or AI model;
- selling, renting, sublicensing, leasing or other monetization except as expressly permitted under the Agreements;
- selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or
- artificially increasing play counts or follow counts, artificially promoting Content, or other manipulation including by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
- circumventing any technology used by WindowSeat™, its licensors, or any third party, including any territorial or other content access restrictions applied by WindowSeat™ or its licensors;
- circumventing or blocking advertisements or creating or distributing tools designed to block advertisements;
- removing or altering any copyright, trademark, or other intellectual property notices (including for the purpose of disguising or changing any indications of ownership or source);
- deleting or altering any part of the Services or Content except as expressly permitted under the Agreements or, in the case of Content made available by another user, with such user's express consent; or
- providing your password to any other person or using any other person's username and password.
Please respect WindowSeat™, the owners of the material and content on the Services, and other users of the Services. Don't engage in any activity, post any User Content, or register or use a username, which is or includes material that:
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, publicity rights, or proprietary rights of WindowSeat™ or a third party, or would violate any agreement to which you are a party, such as, by way of example and not limitation, an exclusive recording agreement or publishing agreement;
- 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;
- exposes confidential or proprietary information of a third party or personal information about yourself that is not intended to be broadcast to people around the world;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the WindowSeat™ Service;
- impersonates or misrepresents your affiliation with WindowSeat™ (including, for instance, by using WindowSeat™'s copyrighted content, using the WindowSeat™ logo without permission, or otherwise using WindowSeat™ trademarks in a confusing manner), another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
- unauthorized commercial or sales activities, such as advertising, promotions, contests, sweepstakes, gambling, bookmaking, or pyramid schemes;
- unauthorized linking to, referencing, or otherwise promoting commercial products or services, except as expressly authorized by WindowSeat™;
- interferes with or in any way disrupts the WindowSeat™ Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the WindowSeat™ Service or WindowSeat™'s computer systems, network, usage rules, or any of WindowSeat™'s security components, authentication measures or any other protection measures applicable to the WindowSeat™ Service, the Content or any part thereof;
- conflicts with the WindowSeat™ Terms and Conditions of Use or any other terms or policies applicable to your use of any of the Services; or
- has been removed from any of our services for a breach of our terms or policies, such as a prohibited track, episode or show. This includes content being created or repurposed to reconstitute or serve the same objective as previously removed Content.
About This Policy
This Intellectual Property Policy describes how we handle claims of intellectual property infringement on WindowSeat's websites, applications and services (the "WindowSeat Services").
WindowSeat respects intellectual property rights and expects its users to do the same. In using the WindowSeat Services, users must comply with the WindowSeat User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
Copyright
What is copyright
Copyright is a legal right that seeks to protect original works of authorship (e.g., music, artwork, books). The owner of a copyright has the exclusive right to make certain uses of a creative work including copying, distributing, and displaying that work. Generally, copyright protects original expression; it does not protect facts and ideas. Copyright also generally doesn't protect things such as names, titles and slogans; however, another legal right called a trademark may apply (see below).
There are some exceptions to copyright. For example, in certain countries, a non-rights holder may be allowed to use another's copyright if that use is fair, such as for the purposes of review, critique, or parody.
How to report copyright infringement
If you are a copyright holder, or their agent, and you believe that any material available via the WindowSeat Services infringes your copyrighted work, please use this web form to submit a notice of alleged copyright infringement. Alternatively, a notice of alleged copyright infringement may be sent to WindowSeat's designated copyright agent at the following address, with the following information:
- Specific identification of each copyrighted work claimed to have been infringed;
- A description of where the material believed to be infringing is located on the WindowSeat Services or the WindowSeat Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
- Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law (such as fair use); and
- A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; and
- A statement that you understand that your contact information and/or notice will be provided to the alleged infringing party, and retained as long as required for legal purposes.
Without the above, we may not have sufficient information to process your claim.
WindowSeat's designated copyright agent can be reached as follows:
Whatsoever, LLC d/b/a WindowSeat Attn: Legal Department 16051 Addison Rd, Suite 300, Addison, TX 75001
infringement-claim@WindowSeat.com
When you submit a copyright claim, WindowSeat may pass your name and email address to the allegedly infringing party, and retain your information as long as required for legal purposes. Please note, fraudulent reports or other misuse of this process may result in the termination of your account and/or legal consequences. You may wish to consult an attorney before submitting a claim.
WindowSeat also has a policy to terminate, in appropriate circumstances, the accounts of repeat infringers.
Trademark
What is trademark
A trademark is a word, slogan, symbol or design (e.g., brandname, logo) that distinguishes the products or services offered by one person, group, or company from another. Generally, trademark law seeks to prevent confusion among consumers about who provides or is affiliated with a product or service.
How to report trademark infringement
If you are a trademark holder, or their agent, and you believe content available on the WindowSeat Services infringes your trademark rights, please use this web form to submit a notice of alleged trademark infringement. WindowSeat may pass your name and email address to the allegedly infringing party, and retain your information as long as required for legal purposes. WindowSeat also has a policy to terminate, in appropriate circumstances, the accounts of repeat infringers.
How We Handle Claims
WindowSeat reviews claims that are received through the channels identified above. When we receive a claim, we'll evaluate it and take appropriate action, which may include removing the reported content or disabling access in a specific country (or countries). We may communicate with the claimant and the user or creator who provided the content regarding the action(s) we take, if we choose to not take action, or if we need further information to assess the claim.
Any content that infringes on another's copyright or trademark may be removed. WindowSeat also has a repeat infringer policy, meaning that a user or creator responsible for multiple violations may have their account terminated. If content is reinstated following an appeal or because a rights holder is retracting a claim, our repeat infringer policy will reflect that accordingly.
If you believe your content or account has been mistakenly actioned, or if you would like to request another review of WindowSeat's decision on your claim, you may have an opportunity to submit an appeal. Instructions concerning how to appeal are contained in the email correspondence we will send you regarding the claim.
In addition to reports from users and rights holders, we leverage a combination of automated and manual signals to detect and remove content that may infringe on another's intellectual property. We are continuously evolving our efforts to protect the intellectual property of creators.
Paid Subscription Terms & Conditions
This Intellectual Property Policy describes how we handle claims of intellectual property infringement on WindowSeat's websites, applications and services (the "WindowSeat Services").
WindowSeat respects intellectual property rights and expects its users to do the same. In using the WindowSeat Services, users must comply with the WindowSeat User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
Hello, and welcome to the terms and conditions for WindowSeat™ Paid Subscriptions ("Paid Subscription Terms" or "Terms"). These Paid Subscription Terms are important because they:
describe the types of Paid Subscriptions that are available; and
explain how Paid Subscriptions work and the conditions attaching to your eligibility for and use of them.
PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CERTAIN CONDITIONS AND RESTRICTIONS ON THE AVAILABILITY AND USE OF PAID SUBSCRIPTIONS, ASSOCIATED ADD-ON FEATURES, TRIAL ELIGIBILITY, AS WELL AS INFORMATION ON WHAT HAPPENS AFTER YOUR PAID SUBSCRIPTION, TRIAL OR ADD-ON FEATURE COMES TO AN END.
CERTAIN PAID SUBSCRIPTIONS CONTINUE INDEFINITELY AND YOU WILL CONTINUE TO BE CHARGED THE RECURRING SUBSCRIPTION FEE AS ADVERTISED, AND AS AMENDED FROM TIME-TO-TIME, UNTIL YOU CANCEL YOUR ACCOUNT.
Here we go...
Introduction
Paid Subscriptions, as defined in the WindowSeat™ Terms and Conditions of Use ("Terms of Use"), are made available by WindowSeat™ subject to the Terms of Use, which are hereby incorporated by reference, including its Arbitration Agreement.
By purchasing a Paid Subscription, you acknowledge and agree to these Paid Subscription Terms, including the Terms of Use and User Guidelines. Capitalized terms used but not defined herein shall have the same meaning given to them in the Terms of Use. If you purchase a Paid Subscription directly through WindowSeat™, we will use your payment details and any other information in accordance with our Privacy Policy. If you purchase a Paid Subscription or begin a Trial (as defined below) through a third party, you will transact directly with that third party, and your purchase and/or Trial will also be subject to that third party's terms and conditions. If you purchase a Paid subscription using a gift card, please see the Gift Card Terms and Conditions.
These Paid Subscription Terms, the Terms of Use and the Privacy Policy along with any other terms referenced in this document should be read carefully. To the extent these Terms conflict with the Terms of Use or Privacy Policy, these Terms shall take precedence to the extent of such conflict.
Paid Subscriptions
You can find descriptions of each Paid Subscription and their features on our website, and we will explain which options are available to you when you create a WindowSeat™ account. Subject to these Paid Subscription Terms, users who purchase a Paid Subscription may access that Paid Subscription for their own personal use (and for their household members, where applicable) from the moment they submit their payment details successfully to WindowSeat™, or applicable third party, and complete the checkout process.
Paid Subscriptions include, amongst others, subscriptions under the WindowSeat™ Premium brand ("Premium"), such as WindowSeat™ Premium Individual ("Premium Individual"), WindowSeat™ Premium Student ("Premium Student"), WindowSeat™ Premium Family ("Premium Family"), WindowSeat™ Premium Duo ("Premium Duo") and any other Premium offerings made available from time-to-time (each a "Premium Plan").
From time to time, we may also offer special promotional plans, content or memberships, including offerings of third party products or services in conjunction with or through the WindowSeat™ Service. We are not responsible for the products or services provided by such third parties.
We reserve the right to modify the features and content we provide as part of our Paid Subscriptions from time to time and for any reason.
We may withdraw or suspend a Paid Subscription, in whole or in part, at any time and for any reason. After such time, WindowSeat™ shall not be obligated to maintain or permit any further access to such Paid Subscription(s) and subscribers to that Paid Subscription will no longer be charged.
Certain Paid Subscriptions may have specific eligibility requirements which you must adhere to in order to be a subscriber. Paid Subscriptions may not be available to all users including, for example, past subscribers who wish to rejoin having cancelled their subscription or after it is discontinued by WindowSeat™.
2.1. Single-user Paid Subscriptions
"Single-user Paid Subscriptions", such as Premium Individual, entitle the paying account holder to access such Paid Subscription for their own personal use.
2.2. Household Paid Subscriptions
Currently WindowSeat™ does not offer Houshold Paid Subscriptions.
2.3 Student-user Paid Subscriptions
Currently WindowSeat™ does not offer Student-user Paid Subscriptions.
Payment; Cancellation
Unless otherwise indicated (for example, if you have signed up for a Prepaid Period (as defined in the Terms of Use)), Paid Subscriptions continue indefinitely until cancelled. You will be billed on a recurring basis on the first day of each billing period and you will pay and you authorize us (or the applicable third party, if you sign up through a third party) to charge your payment method the then-current subscription fee.
You may cancel your Paid Subscription at any time by logging into your WindowSeat™ account and following the prompts on the Account page or by clicking here and following the instructions. Unless otherwise indicated, cancellation will take effect from the end of the billing period in which you cancel.
Free and discounted trials
From time to time, we or others on our behalf, may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (each a "Trial"). Each Trial is made available in connection with a particular Paid Subscription and, in each case, this section on Trials supplements and incorporates by reference the additional terms and conditions for that corresponding Paid Subscription. In case of any conflict with the additional terms and conditions for a Paid Subscription, then this section 4 shall take precedence. Each Trial is made available subject to how it is advertised, and subject to the rules on eligibility, availability, and duration and cancellation set out below. Unless otherwise advertised, Trials do not permit or provide access to any third party products or services.
For some Trials, we'll require you to provide your payment details to start the Trial (which will be stored and processed in accordance with our Privacy Policy). By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a monthly recurring basis or other interval that we will disclose to you in advance, unless you cancel beforehand (see section 3 above with more details on how to cancel). Each Trial provides access to the Paid Subscription advertised:
A. at the price advertised (if any); and
B. for an initial introductory period as further described in section 4.3 below, beginning from the moment that you confirm your purchase of the Trial, by completing the checkout process (the "Trial Period").
4.1. Trial eligibility.
In order to be eligible for a Trial, users must satisfy all of the following conditions (each an "Eligible User"):
A. Unless you are subscribing to a Trial that is advertised as available to past subscribers, you must be a new subscriber to any and all Paid Subscriptions and not have subscribed to, or accepted a trial of, a Paid Subscription at any time in the past.
B. If you are subscribing to a Trial that is advertised as available to past subscribers, you must have been a subscriber to the relevant Paid Subscription (as advertised) and your subscription must have expired before the date or time frame advertised.
C. In respect of Trials for a Household Paid Subscription and a Student-user Paid Subscription: any additional eligibility requirements set out in sections 2.2 and 2.3 respectively above shall apply.
D. Unless otherwise advertised, you must provide WindowSeat™ with a valid and current payment method that is approved by WindowSeat™ (prepaid cards and WindowSeat™ gift cards are not valid forms of payment).
E. Unless otherwise advertised, you must provide the payment method above directly to WindowSeat™ and not through a third party (e.g., not through a cable or telecommunications provider or other distributor).
F. Additional eligibility requirements (if any) as advertised from time-to-time in connection with a Trial.
4.2 Trial availability.
WindowSeat™ will determine your eligibility for a Trial acting reasonably, based on information available to WindowSeat™. A Trial must be accepted before the applicable offer expiration date advertised, if any. To the extent permitted by applicable law, WindowSeat™ reserves the right to modify, suspend or terminate a Trial at any time and for any reason by notice to you and with no liability, in which case we will not honour subsequent enrollments for that Trial.
4.3 Trial duration and cancellation.
In the case of any Trial, the corresponding Trial Period shall continue for the period as advertised, subject to section 4.2, above.
Unless cancelled before the end of the Trial Period, or such Trial is in conjunction with a Prepaid Period, you will automatically become a subscriber to the particular Paid Subscription that you chose to sign up to under the Trial and the payment method you provided will automatically be charged the then-current recurring price on the first day following the end of the Trial on a monthly recurring basis or other interval that we disclose to you in advance (any time-capped features of that Paid Subscription will be reduced by the length of the Trial Period). IF YOU DO NOT WANT TO PAY THIS CHARGE, YOU MUST CANCEL BEFORE THE END OF THE TRIAL BY A) FOLLOWING THE STEPS DESCRIBED HERE IF YOU SIGNED UP FOR THE TRIAL THROUGH WINDOWSEAT™, OR B) IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.
Unless otherwise stated, for example elsewhere in these Terms or in connection with an offer or Trial including during the process of cancelling an offer or Trial, if you cancel a Trial during the Trial Period, you will lose access to the Paid Subscription and your WindowSeat™ account will switch automatically to a WindowSeat™ Free account at the end of the Trial Period.
Allocated content listening time and top-up purchases (applicable to certain Paid Subscriptions only)
Some Paid Subscriptions may come with a certain amount of allocated listening time for a certain type of content ("Allocated Content Listening Time"). We will publish from time-to-time which, if any, Paid Subscriptions include Allocated Content Listening Time and how much listening time, and if we make any changes to this allocation. WindowSeat™ may change the Allocated Content Listening Time, at its discretion, and will notify you in advance of such changes, by any reasonable means. Note: unused Allocated Content Listening Time will be subject to expiry, as advertised.
You may be eligible to purchase additional "Top-Up" hours which you can use if your Allocated Content Listening Time runs out prior to expiry. You can always check your Account page to see what's included in your Paid Subscription, and how much Allocated Content Listening Time you have left.
The content available for consumption within a Paid Subscription may vary from time-to-time. As a result, such content may not be the same as the catalogue of similar content available elsewhere on WindowSeat™. For example, in the case of audiobooks, any audiobooks made available for consumption as part of a Paid Subscription may not be the same audiobooks as are made available for direct purchase on WindowSeat™. Please see the FAQ for more details on audiobooks on WindowSeat™.
Add-on features
From time to time, WindowSeat™ may make certain add-on services available to Paid Subscription users. The add-on services will have their own terms of use which will apply. We will take reasonable steps to bring these terms to your attention. Certain add-on features may have additional eligibility and payment conditions which, if applicable, will be outlined in the relevant add-on features terms of use.
