1.1. Welcome to the Service. It was created by Shuffll as a platform for personal communication and entertainment.
1.3. We take responsibility for what we have created, and You agree to take responsibility for Your use of our Service whether as a creator of Content (defined below) or as a viewer. While You have fun using the Service, we require that You treat others with respect, do not use the Service for anything that would be deemed illegal or obscene and always observe the Golden Rule (“do unto others…”). See our Frequently Asked Questions page for further information about use of the Service.
2.1. In order to access most features of the Service, and to be able to Submit (as that term is defined below) Content as a broadcaster, You will have to create a Shuffll account via Your Facebook®, Google®, or Twitter® account, using the same information provided to one of those networks (the “Shuffll Account”). You can alter such information by updating Your Facebook®, Google®, or Twitter® account (this will automatically update Your Shuffll Account the next time You log in). You also may alter Your Shuffll Account information by logging into the Service and accessing Your settings.
2.2. You agree not to share Your Shuffll Account password or let others have access to Your Shuffll Account and You will not attempt to transfer Your Shuffll Account to anyone else. You are responsible for the activity that happens on or through Your Shuffll Account, so we urge You to keep Your Shuffll Account password secure and to always log-off when leaving Your computer or mobile device unattended. Although Shuffll will not be liable for losses caused by any unauthorized use of Your Shuffll Account, You may be liable for the losses of Shuffll or others due to unauthorized use. You must notify us immediately of unauthorized use of Your Shuffll Account or of any related security breach by contacting us at [email protected] If for any reason You want to limit Your children’s access to the Service, there are a number of commercially available parental control protections.
OWNERSHIP OF THE SERVICE
3.2. Third Party Services:
Shuffll provides tools that enable you to link your account on Shuffll with an account on a third party service, such as Facebook, Twitch or YouTube. These tools enable you to import and export information, including social media posts, live video, and other content that which may be comprised of text, images, videos and other types of works. By using one of these tools, you agree that Shuffll may transfer information to and from the applicable third party service. Third party services are not under the control of Shuffll , and Shuffll is not responsible for any third party service’s use of your exported information. We strongly advise you to read the terms and conditions and privacy policies of any third party services that you choose to link to Shuffll. By linking your account on Shuffll with an account on YouTube, you are agreeing to be bound by YouTube’s Terms of Service.
USER GENERATED CONTENT
4.1. The term ” Content” refers to any information, data, communication, video, text, graphics, photos (including but not limited to “Archives” and “Moments”), sounds, music, audiovisual works, chat feed comments, gifting and/or other contributions appearing on the Service that users of the Service may broadcast, upload, or otherwise submit (collectively, ” Submit”) to the Service, or view or access on the Service.
4.2. All right, title and interest in Content Submitted by You to the Service, to the extent it does not belong to third parties or Guests (see Section 5), will remain with You, subject to the licenses You make hereunder. Shuffll does not and will not claim any ownership over such Content. Notwithstanding the foregoing, You hereby waive any moral rights that You may have in Your Content in favor of Shuffll and anyone acting with the authorization of Shuffll.
4.3. Shuffll assumes no responsibility for Content Submitted by You or any other users of the Service. You shall be solely liable for Content that You Submit to the Service, including without limitation for any consequences of publishing the Content through the Service. Your potential liability applies, for example, to any Content that You include in a broadcast initiated by You, even if you are not the creator of that Content.
4.5. You understand that the Service is intended for public use and not for private communications, and You confirm that You have a limited expectation of privacy with regard to any Content You may Submit to the Service, or any other communication by You made to or through the Service. Furthermore, You are aware that Shuffll does not guarantee the security of any information You disclose via the Service and any submission of Content by You to the Service is made at Your own risk.
4.7. As with other Content, Shuffll assumes no liability for Sponsored Content Submitted by You or any other users of the Service, or for any product or service offered by or through Sponsored Content (” Sponsored Products and Services”). You shall be solely liable for Sponsored Content that You Submit to the Service and all elements of it, including without limitation for Sponsored Products and Services and for any other consequences of transmission of Sponsored Content through the Service.
4.9. By Submitting Content to the Service, You are granting Shuffll and its agents and designees a perpetual worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the Service and with the businesses of Shuffll and those of its successors, licensees, and affiliates, including without limitation for the purpose of promoting and advertising the Service and redistributing part or all of the Service (and works derived therefrom) in any and all media formats and through any and all media channels now known or later developed.
4.11. Nothing herein, however, shall be construed to permit use of such Content by users of the Service for endorsements of any product or service (other than the Service), or for any other commercial purpose, not authorized by You.
4.12. In connection with the exercise of each of the foregoing rights licensed by You, You consent to use of Your name, image, likeness, photograph, performance, voice, biographical details, Facebook ID, Twitter handle, Google+ ID, profile pictures, and any other attributes of Your persona in any and all media now known or hereafter developed, including but not limited to the Internet (such as on the Site and on third party social media websites) and mobile applications, worldwide, in perpetuity; all without payment, compensation or further notification to or permission from You, except where prohibited by law.
5.3. For clarity, all right, title and interest in Content Submitted by a Guest to a Guest Broadcast, to the extent it does not belong to third parties, will remain with the Guest, subject to the following: In addition to all licenses relating to Content provided above to Shuffll and others, each Guest hereby grants to the Host, and each Host hereby grants to each Guest, a perpetual worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, display, perform, edit, modify and comment upon such Guest Broadcast, including Content Submitted by the Guest or the Host. This would include, by way of example, posting on the Host’s or Guest’s (as applicable) Shuffll account page or to social media, to the extent the functionality of the Service permits.
ACCEPTABLE USE POLICY
6.1. You expressly agree that all Content, including without limitation Sponsored Content, that You Submit will not be: (1) defamatory, libelous, abusive, or obscene, and without limitation, shall not include material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any person or entity; (3) invade the privacy of any person; (4) contain a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful.
6.3. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes.
7.2 Account Ownership. Accounts are non-transferrable. Accounts cannot be sold or transferred to another user at any time. Any accounts found to be in violation of this clause will be terminated. Shuffll reserves the right to terminate a user’s account at any time and for any reason and to nullify, as outlined in the Account Termination section of the Terms of Service.
7.3 Termination of the Program. Shuffll reserves the right to change, suspend, or end this program at any time, for any reason, with or without advance notice.
7.4 Compliance. Shuffll is subject to U.S. trade control laws, and is committed to full compliance with applicable law. By agreeing to Shuffll’s Partner Broadcaster Amendment, you warrant that You (1) are not located or domiciled; (2) do not have a place of business; and (3) are not conducting business (any of which would make Participant a ” Resident”) in a jurisdiction in which access to or use of the Service or Props is prohibited by applicable law, decree, regulation, treaty, or administrative act, (2) a Resident of, or located in a jurisdiction that is subject to U.S. or other sovereign country sanctions or embargoes, or (3) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List. You agree that if Your country of residence or other circumstances change such that the above representations are no longer accurate, You will immediately cease using the Service and Shuffll may refuse to deliver payments to You.
8.1 Shuffll complies with all Federal and International regulation guidelines.
8.2 Payment processcesor may request additional verification to confirm any payments are in line with Federal and International regulation guidelines.
9.1 Shuffll reserves the right to suspend or terminate an account at their sole discretion. This includes, but not limited to, (A) vioations of our Terms of Service, (B) engaging in fraudulent activity, (C) violation of our User Guidelines, (D) technical or legitimate business reasons
9.2 If you feel your account has been wrongfully terminated, please contact Support for review. Please note Shuffll is under no obligation to overturn a decision made regarding account removal.
REMOVAL OF CONTENT; MODIFICATION AND TERMINATION OF THE SERVICE
10.2. Modification of the Service. Shuffll reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Shuffll will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
FEEDBACK FROM YOU
11.1. While we welcome any feedback or comments from You, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Shuffll, without any compensation to You. While under no obligation to review such submissions or to keep such submissions confidential, Shuffll may use or redistribute any such submission and its contents for any purpose and in any way it deems fit.
11.2. To provide such submissions or feedback, please email [email protected]
COPYRIGHT INFRINGEMENT POLICY
12.1. Shuffll is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Shuffll will promptly terminate the accounts of users that are determined by Shuffll to be repeat infringers.
12.2. If You are a copyright owner or an agent thereof and believe that any Content infringes Your copyrights, You may Submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent for copyright claim notifications (” Designated Agent”) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Service are covered by a single notification, a representative list of such works that appear within the Service;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
A statement 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
A statement under penalty of perjury that the information in the notification is accurate, and You are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
12.3. Shuffll will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, Shuffll will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
12.4. Shuffll may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If You receive such a notice, You may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Shuffll may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
12.5. Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by emailing all proper documentation to [email protected] with the words “Attn Copyright Infringement Designated Agent” in the subject line.
WARRANTIES AND DISCLAIMERS
13.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
13.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Service contains the opinions and views of its users. Shuffll does not endorse, guarantee, or assume responsibility for the accuracy, efficacy, or veracity of any Content from users made available through the Service.
13.4. Please also note that the Service is controlled and offered by Shuffll from its facilities in the United States of America. The laws of other countries may differ regarding the access and use of the Service. Shuffll makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so on their own volition and at their own risk, and are responsible for compliance with local law.
LIABILITIES AND INDEMNITIES
16.3. No formal proceedings for the resolution of the Dispute may be commenced until the later to occur of (a) a good faith conclusion one or both of the parties that amicable resolution through continued negotiation of the matter in issue does not appear likely, or (b) the thirtieth (30th) day after the Dispute Notice is received.
16.4. Any Dispute that the parties are unable to resolve through such negotiations will be submitted prior to the fortieth (40th) day after the Dispute Notice is received, to non-binding mediation administered by the American Arbitration Association or its successor (” AAA”) in New York, New York, which mediation shall extend for up to three (3) business days. The parties will mutually select the mediator from a list of mediators obtained from the office of AAA located in New York, New York. If the parties are unable to agree on the mediator within five (5) business days after the Dispute is submitted to AAA, then the mediator will be selected by AAA.
16.5. Any Dispute that the parties are unable to resolve through negotiation and mediation as described above (including without limitation any dispute or controversy over the scope or applicability of this agreement to arbitrate) will be submitted to binding and final arbitration in accordance with the following:
16.8. The parties agree that any mediation or arbitration proceedings, testimony, or discovery, along with any documents filed or otherwise submitted in the course of any such proceedings (and including the fact that the mediation or arbitration is being conducted) shall be confidential and shall not be disclosed to any third party except to the mediators or arbitrators and their staff, the parties’ attorneys and their staff, and any experts retained by the parties, or as required by law.
16.9. Notwithstanding the foregoing, a party may disclose limited information if required in any judicial proceeding brought to enforce these arbitration provisions or any award rendered hereunder.
17.2 Your indemnity obligations pursuant to the Agreement, You hereby indemnify and hold harmless Shuffll and all Related Parties from any and all Losses suffered by Shuffll or such Related Parties arising out of Your failure to comply with the foregoing obligations.