Effective Date: August 25, 2018
Firstly, thank you for wanting to read this page. Please take a moment to go through this document as it will explain the conditions for using Shuffle as well as the rights that you are granting Shuffle.
Shuffle hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Service. We reserve the right to immediately terminate your License if you use Shuffle in breach of the terms. We reserve all rights to Shuffle’s website, look and feel, functionality, code, intellectual property, copyright, trademarks, patents and the Interest Genome Project. Some parts of Shuffle are licensed under third-party open source licenses. We also make some of our own code available under open source licenses. As for other parts of Shuffle, you may not copy or adapt any portion of it including our code, visual design elements and logos, and the Interest Genome Project without express written permission from Shuffle unless otherwise permitted by law, or without express permission. You may not publish or represent the categorization within the Interest Genome Project without express permission.
You own the rights to the content you create and post on Shuffle. We don’t claim ownership over any Content that you post on Shuffle. “Content” means any content or creative expression that you’re able to upload or post on Shuffle, including text, images, files, animations, logos, or comments. However, when you post or transfer Content to Shuffle, you give us a non-exclusive, royalty-free, world-wide, perpetual, transferable license to use, store, reproduce, adapt (so we can properly post your Content), translate, store, distribute and publicly display your Content in order to provide Shuffle. We may also use your content to promote Shuffle, including its products and content, on the site, via emails or other mediums. When you post on Shuffle, by default, you are agreeing to allow other Shuffle users (unless you choose appropriate visibility settings) to view, distribute and display your Content. Consider the Content you post on Shuffle to be publicly available indefinitely since it may be distributed by other Shuffle users through social media or otherwise, or be cached on third party search engines, even after your Shuffle account is terminated. Be aware that it is extremely difficult to remove content from the Internet that becomes publicly available. You’re responsible for the content you post. This means you assume all risks associated with it, including accuracy, intellectual property claims, or any other legal rights claims. You’re welcome to post content on Shuffle that you’ve published elsewhere, as long as you have the rights you need to do so. By posting content to Shuffle, you represent that doing so doesn’t conflict with any other agreement you’ve made. By posting content you didn’t create to Shuffle, you are representing that you have the right to do so. For example, you are posting a work that’s in the public domain, used under license (including a free license, such as Creative Commons), or a fair use.
We can refuse or remove any content you post for any reason. You can delete any of your content, or your account, anytime. To delete your account, contact us at [email protected] Processing the deletion may take a little time, but we’ll do it as quickly as possible. We may still have copies of your deleted content on our backup servers or logs which we will also try to delete as soon as possible.
You understand that when using Shuffle, you may be exposed to content from a variety of sources, and that Shuffle is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such content. You may be exposed to content that are inaccurate, offensive, indecent, sexually explicit and other adult oriented content, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Shuffle with respect thereto.
The website and the service are not intended for children under 13 years of age, and you may not use the service or create a user profile if you are under 13. You hereby represent and warrant that you are at least 13 years of age.
By creating an account, you understand and agree that you are starting a 12-month free trial. We will give you advanced notice before the trial ends. After 12 months, you agree to pay the subscription fee to keep your account active, unless you are otherwise exempt through an agreement with Shuffle. Once the trial ends, if you choose not to continue, we may suspend, pause or delete your account, or make it read-only at our discretion. This implies that you might not be able to edit your profile, posts or interact on Shuffle. You may cancel your account, during trial or subscription at any time by emailing us at [email protected] You may also pause your account, during trial or subscription at any time by emailing us at [email protected] You understand that subcription fees, and/or terms may change at any moment. You will be given notice of any such change via email and the effective date will be posted on this page.
You may not do anything that the Community Guidelines prohibits. you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of Shuffle, (c) you shall not access Shuffle in order to build a similar or competitive website or service, and (d) except as expressly stated herein, no part of Shuffle may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means. In addition, you may not do any of the following: (a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of the Site or Service; (b) Remove or obscure the copyright notice or other notices displayed in connection with the Content accessible through the Site; (c) Interfere with or disrupt the Site, or servers and networks connected to the website, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the website; (d) Create accounts misrepresenting or purporting to be other users, or use accounts other than your own. (e) Modify the Site in any manner or form. (f) Reproduce, print, cache, store or distribute content retrieved from the Site for any commercial use without the prior written permission of Shuffle; (g) Sell, assign, sublicense, or otherwise transfer any right in the Service or Content accessible through the Site; (h) Access the Site by any means other than through the interface that is provided by Shuffle; (i) Collect or store personal data about other users of the Site; or (j) Use the Site or the Service to violate any law (whether local, state, national, or international).
By using any element of our Site or Service, you expressly agree to assume any and all risks that may be associated with doing so. If you elect to embed any Shuffle content into your own websites utilizing an embed code, Shuffle shall not be held liable for any damage that may result to your website code or content. Shuffle and does not guarantee the accuracy, integrity or quality of any user submitted Content. If you rely on the accuracy, completeness, or usefulness of such Content, you do so solely at your own risk. All user submitted Content, and any and all liability arising from such content, is the sole responsibility of the poster and not Shuffle. You acknowledge that Shuffle is a provider of interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. § 230, and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider of the website or Service.
We respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: Attention: Shuffle Copyright Agent 675 Dolores St., No. 8 San Francisco, CA 94110 [email protected] We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
You understand that commercial movies, TV programs, and professional photographic images are subject to copyright laws, and it may be illegal to display such material without the express permission of the copyright owner. You are solely responsible for obtaining such consent, and agree to indemnify, hold harmless, and defend Shuffle, together with its officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnified Parties”), from and against any claims, actions, proceedings, and suits (collectively “Claims”) brought against us by any third party that are associated with your use of the Service (including, but not limited to, copyright claims), and expressly agree to assist Shuffle and assume liability for any damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) that may be incurred by us in connection with any Claim subject to this section.
Shuffle makes no representation or warranty that: (a) the Service will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the System are free of viruses or other malicious code; and (c) your use of the Service is in compliance with the Terms of Service of any third party, including, without limitation, social media services that source User feeds. THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. SHUFFLE PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. The Service may include links to third party websites. Shuffle makes no guarantees about, and assumes no responsibility for, the content of such websites.
In no event shall Shuffle be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the Service, including without limitation to losses incurred due to: (a) software glitches, server failures, power outages, or any other issue beyond Shuffle’s control; (b) any delays in or failure of the Service to operate as described; (c) any unauthorized disclosure of account information that may occur through the actions of any third party, such as hackers.
If you believe that Shuffle has not adhered to these terms, please contact Shuffle by e-mail at [email protected] We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Shuffle are unable to reach a resolution to the dispute, you agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, you are waiving the right to a trial by jury or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise. Any arbitration proceeding brought under this section shall be conducted by a commercial arbitration service provider chosen by Shuffle and may be conducted telephonically.
This document shall be governed in all respects by the laws of the United States and the State of California. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in San Francisco, California, except that arbitration proceedings may be conducted by telephone. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within San Francisco, California for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
Any claim or cause of action arising out of your use of the website or Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Shuffle to enforce or exercise any provision of this TiS or any related right shall not constitute a waiver of that right or provision.
We reserve the right to change, modify, add or remove portions of this ToS, without advance notice to you. We, however, will attempt to notify you of any such changes by posting the effective date of the change at the top of this page as well email you the notice of the same. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
This ToS and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.
If any provision of this TOS is found by a court or other binding authority to be invalid, the remaining provisions contained in this TOS shall continue in full force and effect. You also agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
If you have any questions or concerns with respect to this ToS, please contact us. SHUFFLE, PBC 675 Dolores St. No. 8 San Francisco, CA 94110 [email protected]