Shifflrr is Presentation Management
This Shufflrr.com Terms of Service (the "Agreement") is between SHUFFLRR, LLC, a New York limited liability company ("Shufflrr" or "Us") and Customer or End User ("You"), as applicable. This Agreement governs access to and the use of the Shufflrr presentation, organization, hosting and sharing services (the "Services").
By signing up for or using the Services, you automatically agree to be bound by this Agreement. Any new features or tools which are added to the current Services will also subject to this Agreement. You can review the most current version of this Agreement at any time at this page. Shufflrr reserves the right to update and change this Agreement by posting updates and changes to the Shufflrr website. You are advised to check this Agreement from time to time for any updates or changes that may impact you.
We at Shufflrr are really excited that you will be using our awesome presentation management services. Before getting started, there are a few things we need to talk about.
The Terms of Service is an important legal Agreement which establishes the relationship between you and Shufflrr. By using Shufflrr, you are agreeing to be bound by this Agreement.
In this column, we are including some quick notes to make it easier to understand than the dense legalese (even our lawyers get confused by it sometimes)
Please read this entire Agreement carefully and regularly check for updates. If you have any questions, you can always reach out to us at email@example.com
Our joykill lawyers also want us to add that these notes do not supersede or replace the actual Terms of Service. But hopefully they make things a bit more human.
(a) Individual Customers. If you are ordering the Services, then by clicking "I Agree," by contracting with Shufflrr to provide the Services or by using the Services, you agree to this Agreement as a "Customer."
(b) Organizational Customers. If you are agreeing to this Agreement for the purpose of using the Services within an organization, you are agreeing to this Agreement on behalf of that organization and not in your individual capacity. You must have the authority to bind that organization to this Agreement, otherwise you must not sign up for the Services. By clicking "I Agree," contracting with Shufflrr to provide the Services or by using the Services, you represent and warrant that you are an agent of that organization with the authority to bind it to this Agreement.
Individuals signing up for Shufflrr for their own use are Customers
Individuals signing up for an organization are making that organization a Customer, and should only sign up if they have the authority to do so as part of their job. If you sign your organization up, it automatically becomes responsible for all aspects of this Agreement.
All Customers, whether individuals or organizations, are bound by the terms of this Agreement.
End Users: If you are using the Services as an employee, representative, contractor, affiliate or otherwise through your relationship with a Customer, then by clicking "I Agree" or using the Services, you agree to this Agreement as an "End User."
End Users are people who use the Services under the account of a Customer, such as their employer. End Users must abide by the terms of this Agreement.
(a) Accounts. When joining Shufflrr to use the Services, Customer or an Administrator (as defined in Section 2(b) below) designate by Customer will create an Account for you. Each Account is subject to the control of Customer through Administrators .
(b) End User Obligations. End Users must use the Services in compliance with this Agreement, the Shufflrr Acceptable Use Policy any employment obligations, the Customer's terms and policies, and subject to the control of Administrators. End Users are responsible for maintaining the confidentiality of passwords and must notify an Administrator of any unauthorized use.
(c) Administrator Control. Administrators may have the ability to access, view, disclose, distribute, restrict, modify, use or remove any information uploaded, entered or stored in an End User's Account. Administrators may also have the ability to monitor, restrict, suspend or terminate access to an End User's account.
If you are an End User, your employer will send you log in information which you can use the first time you access the Services.
As an End User, you have certain obligations under this agreement. Don't violate this Agreement or our Acceptable Use Policy and always follow your employer's policies. You are responsible for keeping your password secure, so don't share it! If your account is compromised, you must notify an Administrator.
Ultimately, your employer owns the End User account. Administrators designated by your employer may have broad control over the account, including modifying or deleting it and any information you put on it.
(a) Upon signing up, Shufflrr will allocate to Customer a dedicated virtual space (the "Customer Site") in which Customer and End Users licensed under Customer's purchase of Services can use the Services. Customer will be solely responsible for the administration of the Customer Site.
(b) Customer may designate one or more End Users to be administrators ("Administrators") with access to the Administrative Console and certain Administrative privileges on the Customer Site. Such Administrators have abilities determined by Customer, which may include to (i) handle Shufflrr billing on behalf of Customer; (ii) create, suspend, delete and restrict access to End User Accounts; (iii) view, modify and remove End User accounts; (iv) create groupings of End Users with common or shared privileges ("Groups") and assign End Users to, or remove End Users from, such Groups; (v) upload and modify text, images, audio, video and other information to be shared with some or all End Users or Groups; (vi) view, modify or remove text, images, audio, video and other information that has been uploaded by End Users.
(c) Customer is responsible for (i) maintaining the confidentiality of passwords and Administrator accounts; (ii) managing access to Administrator accounts; and (iii) ensuring that Administrator use of the Services complies with this Agreement, the Shufflrr Acceptable Use Policy and Customer's own terms and policies. Shufflrr disclaims any responsibility respecting the internal management or administration of the Services for Customer or any Administrator's actions affecting End Users.
Every Customer gets a custom website, which we call the "Customer Site." The Customer and all of the Customer's End Users can log into that site to use the Services. The Customer is responsible for administration of the Customer Site.
Customers can designate End Users to be Administrators, giving them special powers. These special powers include handling billing, managing End User accounts and Groups, and managing files and content shared between Groups of End Users.
The Customer is responsible for keeping Administrator passwords secure, and making sure that the Administrators behave themselves, including abiding by this Agreement, the Acceptable Use Policy, and Customer's own policies. If an Administrator does something stupid or wrong, it's not Shufflrr's fault.
(b) Unauthorized Use & Access. Customer will prevent unauthorized use of the Services by its End Users and terminate any unauthorized use of the Services. The Services are not intended for use by End Users under the age of 13. Customer will ensure that it does not allow any person under the age of 13 to access or use the Services. Customer will promptly notify Shufflrr of any unauthorized use of, or access to, the Services.
(c) Restricted Uses. Customer will not (i) sell, resell, or lease the Services to Third Parties or (ii) use the Services for activities where use or failure of the Services could lead to physical damage, death, or personal injury. Customer, not Shufflrr, is responsible for regulation compliance connected to Customer's industry or vertical (e.g. SEC Regulations, HIPAA, etc.), and Customer is responsible for compliance with local law.(d) Third Party Requests.
i. "Third Party Request" means a request from a third party for records relating to Customer or End User's use of the Services including information in or from a Customer or End User Shufflrr account. Third Party Requests may include valid search warrants, court orders or subpoenas, or any other request for which there is written consent from Customer permitting a disclosure.
ii. Customer is responsible for responding to Third Party Requests via its own access to Customer and End User information and accounts and the Customer Site. Customer will seek to obtain information required to respond to Third Party Requests and will request assistance from Shufflrr only if it cannot obtain such information despite diligent efforts.
iii. Shufflrr will make commercially reasonable efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A) promptly notify Customer of Shufflrr's receipt of a Third Party Request; (B) comply with Customer's commercially reasonable requests supporting its efforts to oppose a Third Party Request; and (C) provide Customer with information or tools required for Customer to respond to the Third Party Request (if Customer is otherwise unable to obtain the information). If Customer fails to promptly respond to any Third Party Request, then Shufflrr may, but will not be obligated, to do so.
(e) Communication Setting Management. Customer is responsible for maintaining all "opt-in/out" settings for communications from or via Shufflrr for all of Customer's End Users. Customer will use reasonable efforts to answer any requests from End Users regarding such settings.
Customer has certain obligations under this Agreement. Foremost, Customer agrees to follow the terms of this Agreement and the Acceptable Use Policy, and it also agrees to make sure that all its Administrators and End Users do the same. Customer will also make sure it has consent from all of its End Users for Administrators to manage their accounts.
` Customer will not let End Users use the Services in any unauthorized way. Specifically, Customer will not allow anyone under the age of 13 use the services, and will let Shufflrr know right away if that happens.
This is an Agreement for Customer and its End Users to use the Service, so Customer can't resell the Services in any way. Also, don't use Shufflrr in any situation where the Services, or a malfunction in the Services could result in death or injury to humans. We really don't want that kind of responsibility. If Customer is in an industry that has really specific regulation, or local laws apply to Customer, it is Customer's responsibility to comply with such laws and regulation.
Shufflrr may receive a request from a third party (such as a law enforcement agency or court), which asks for information about a Customer's or an End User's use of Shufflrr.
It is Customer's, not Shufflrr's, responsibility to respond to any such request. Shufflrr will help gather the requested information only if the Customer tried to do so but was unable.
Shufflrr will try to notify Customer of any requests for Customer information, as long as we are allowed to by law. If Customer thinks a request is bogus, Shufflrr will help oppose it.
If Customer does not respond to a request, Shufflrr will decide whether to respond on its own.
There are certain communication settings, including notifications from Shufflrr, which can be turned on and off. The Customer is responsible for maintaining these settings for all its End Users.
(a) Provision of Services. Customer and End User may access and use the Services made available by Shufflrr under this Agreement. The Services are the property of Shufflrr and are licensed to Customer and End User according to, and subject to, the terms of this Agreement and the Shufflrr Acceptable Use Policy.
(b) Facilities and Data Transfer. Shufflrr will use commercially reasonable efforts to ensure that all facilities and systems used to store and process Customer Data meet commercially reasonable security standards. By using the Services, Customer consents to any access, transfer, processing, modification and storage of Customer Data necessary to provide the Services. "Customer Data" means any data and content stored or transmitted via the Services by Customer or End Users.
(c) Modifications to the Services. Shufflrr may update the Services from time to time. If Shufflrr changes the Services in a manner that materially reduces their functionality or otherwise adversely affects Customer, Shufflrr will inform Customer, unless Customer has opted-out of communications of that type from Shufflrr
(d) Limitations on Use of Services. Shufflrr may impose reasonable limitations on bandwidth usage and allocation of computing resources for the Services.
Congrats, you get to use our awesome presentation software!
We are letting you use our Services, but they remain the property of Shufflrr and are provided to you on condition that you accept all the terms of this Agreement and the Acceptable Use Policy.
We use best practices to make sure that all your data is safe and sound. You give us a limited right to access, transfer and modify your data—we need this right in order to provide the Services. But your data is still your data!
We are always working to make the Services better, so we will update it from time to time. If we ever make an update that significantly reduces functionality of the Services, we will notify you (as long as you opt-in to such communications).
We strive to offer high speed, low latency connections at all times. If any Customer or End User is causing network problems, we might impose reasonable use limitations in order to keep everything working for our other users.
(a) Reservation of Rights. THIS AGREEMENT DOES NOT GRANT SHUFFLRR ANY RIGHTS TO CUSTOMER'S OR END USERS' FILES OR THE INTELLECTUAL PROPERTY RIGHTS EMBODIED IN THOSE FILES EXCEPT FOR THE LIMITED RIGHTS NEEDED TO RUN THE SERVICES, AS EXPRESSLY SET FORTH IN THIS AGREEMENT. This Agreement does not grant Customer or End Users (i) any rights to the Intellectual Property Rights in the Services or (ii) any rights to use the Shufflrr trademarks, logos, domain names, or other brand features. "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
(b) Limited Permission. Shufflrr may require Customer permission to perform certain actions or processes in connection with the provision of the Services, for example, hosting, processing, modifying or sharing data, information, content or files at Customer or End User's direction. This includes product features visible to Customer or End User, for example, image thumbnails, document previews and slide show previews. It also includes processes not visible to Customer or End User, which are made to technically administer the Services, for example, Shufflrr's data backup system. Customer consents to, and grants Shufflrr the permissions and rights Shufflrr needs to engage in all such activities, solely to provide the Services and for Shufflrr to meet its obligations and exercise its rights under this Agreement. This permission also extends to third parties Shufflrr works with to provide the Services, but only for the purpose of providing the Services.
(c) Copyright. Shufflrr prohibits Customers or End Users from any use of the Services which infringes on the rights of copyright holders. Shufflrr reserves the right, in its sole discretion, at any time and without prior notice, to remove or disable access to any Customer or End User data, information, content, files or other material that we believe to be in violation of this Agreement, the Shufflrr Acceptable Use Policy or the rights of copyright holders. Please see our Copyright Policy for further information.
(d) Suggestions. We appreciate your feedback, which can be sent here. Once submitted, comments and suggestions become the property of Shufflrr. We may, at our discretion and for any purpose, use, modify, and incorporate into our products and services, license and sub-license any feedback, comments, or suggestions Customer or End Users send Shufflrr without any obligation to Customer or End Users.
e) Customer List. If Customer opts-in to giving permission to use Customer's name in a customer list, Shufflrr may include Customer's name in a list of Shufflrr customers on the Shufflrr website. This setting may be changed at any time from within the Admin Console.
(f) Open Source Code. The Services may incorporate certain independent code that is licensed under open source licenses ("Open Source Code"). To the extent that the Services are licensed to you, any incorporated Open Source Code incorporated therein is licensed to you in accordance with the applicable open source licenses. To the extent that these Terms conflict with any of those open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code.
Your data is your data!
Our intellectual property is ours! You are just licensing the Services and don't have any other rights except to use them as agreed. You can't use the Shufflrr logo or other brand features without our permission.
Due to the complexities of intellectual property law, there are a variety of rights that Shufflrr needs in order to provide our awesome presentation management services. You agree to grant us permission to do whatever we need with your data—access it, store it, modify it, transfer it—in order to provide the Services.
We respect copyright law and require our users to do the same. If we discover or are notified of infringing material on Shufflrr, we will decide what to do—which may include deleting your data. For more information, you can check out our Copyright Policy here.
We really value your feedback. If you give us a great idea, we might use it to make the Services better, but we won't be under any obligation to give you credit or pay you for it.
At sign up, we will ask your permission to use your logo on our website. If you give us that permission, we may include your logo on a list of our most favoritest customers, to show the world how cool we are for working with you.
Some aspects of the Service might be built on code that is "open source," and we wanted to let you know about that. It won't affect your use of the Services.
Customer will, at its own expense, respond to questions and complaints from its End Users or third parties relating to Customer or its End Users' use of the Services. Customer will use reasonable efforts to resolve support issues before escalating them to Shufflrr.
We are always there for you, but we request that Customers assign Administrators to deal with technical issues for End Users. If you gave it a shot and still can't get it working, please reach out to Customer Support and we'll take it from there.
(a) Customer's Use. If Customer or End User uses any third-party service with the Services, (a) the service may access or use Customer's or End User's information; (b) Shufflrr will not be responsible for any act or omission of the third party, including the third party's use of Customer's or End User's information; and (c) Shufflrr does not warrant or support any service provided by the third party.
(b) Links to Third-Party Websites or Resources. The Services may contain links to third party websites or resources. Shufflrr provides these links only as a convenience and is not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites.
If you use a third party service to access Shufflrr, that Service may be able to see your information. Shufflrr is not responsible for anything that the third party service provider does or doesn't do, and we can't guarantee that it will work right (or at all!).
Any links to third party websites that you find on Shufflrr are provided for convenience only, and we aren't responsible for anything that happens once you follow the link and leave Shufflrr.
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, except as expressly stated in this agreement, Shufflrr makes no warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use or non-infringement and any warranties arising out of the course of dealing or usage of trade. Your use of the Services is at your own risk, and Shufflrr makes no warranty that the Services will meet your requirements or be available on any uninterrupted, secure, or error-free basis, or operate at any particular speed. Shufflrr makes no representations about any content or information in or from an End User account or Customer Site. Shufflrr is not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information in or from an End User account or Customer Site. Shufflrr has no responsibility or liability for (a) any failure of the Services to store data, information, content, or files, (b) the deletion of data, information, content, or files stored on the Services, or (c) the corruption of or loss of any data, information, content, or files stored on the Services.
We work hard to make sure that the Services operate as intended, stay up and are secure, but we are not liable if anything goes wrong. You use Shufflrr completely at your own risk.
(The use of CAPS LOCK to the left, and everywhere else you see it in this Agreement, isn't screaming... It just means something is really important and we don't want you to miss it.)
(a) Fees. Customer will pay, and authorizes Shufflrr to charge using Customer's selected payment method, for all applicable fees related to Shufflrr's provision of the Services. Fees will be determined based upon the service package selected by the Customer at the time of signing up, or where applicable, by reference to an invoice between Shufflrr and Customer. Fees are non-refundable except as required by law. Customer is responsible for providing complete and accurate billing and contact information to Shufflrr at all times, and promptly updating such information if it changes. Shufflrr may suspend or terminate the Services if fees are past due.
(b) Auto Renewals and Trials. If Customer's account is set to auto renewal, automatic billing or is in a trial period, Shufflrr may automatically charge at the end of the trial, for the renewal or for the recurring charge unless Customer notifies Shufflrr that Customer wants to cancel, disable auto renewal or disable automatic billing. Shufflrr may revise Service rates by providing Customer at least 30 days notice prior to the next charge.
(c) Taxes. Customer is responsible for all taxes. Shufflrr will charge tax when required to do so. If Customer is required by law to withhold any taxes, Customer must provide Shufflrr with an official tax receipt or other appropriate documentation.
Customer agrees to promptly pay any amounts it owes to Shufflrr for using the Services. The amount owed will be determined by either the plan the Customer signed up for, or a separate invoice if we come to a special agreement.
If payment isn't made on time, we may shut off your access to the Services.
Under auto-renewing plans and at the end of free trials, Shufflrr may initiate an automatic charge. You can avoid this by letting us know ahead of time that you want to cancel or disable automatic billing.
We might change our rates, but we'll give you at least 30 days notice if we do.
Customer is responsible for paying its own taxes.
(a) Term. This Agreement will remain in effect until the later of (i) the expiration of Customer's subscription to the Services or the Agreement is otherwise terminated; or (ii) the Customer and all End Users ceasing to use the Services.
(b) Termination for Breach. Either Shufflrr or Customer may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days.
(c) Termination at Will.
By Customer. Customer may terminate this Agreement at any time by disabling Customer's account via the admin console.
By Shufflrr. Shufflrr reserves the right to discontinue the Services in their entirety at any time and without prior notice. If Shufflrr discontinues Services that have already been paid for, a pro rata refund will be issued for the remaining time in the current subscription period. Shufflrr may cancel or suspend a Customer account if payment has not been made when due, with or without notice. If Customer or End User engages in any activity that is harmful to Shufflrr, our other customers and end users, or any third parties, Shufflrr will have the right to terminate or suspend the Customer or End User Account, or take any other necessary action immediately at Shufflrr's sole discretion and without prior notice.
(d) End User Termination. End Users may stop using the Services at any time. For billing purposes, an End User account will be considered active, and the Customer will be charged for that End User account, unless it has been deleted by Customer or an Administrator.
(e) Effects of Termination. If this Agreement terminates: (a) the rights granted by Shufflrr to Customer will cease immediately (except as set forth in this section); (b) the rights granted by Shufflrr to End User will cease immediately; (c) Shufflrr may provide Customer access to its account at then-current rates so that Customer may export its information, provided that Shufflrr will be under no obligation to do so if (i) the termination is in connection with a breach of the Shufflrr Acceptable Use Policy, or (ii) providing such access would, in Shufflrr's sole discretion, constitute a risk to security of the Services or the privacy of other customers or end users, or harmful to any party; and (d) after a commercially reasonable period of time, Shufflrr may delete any data relating to Customer's account. The following sections will survive expiration or termination of this Agreement: 1(b) (Administrator Control), 3(d) Third Party Requests, 5 (Intellectual Property Rights), 8 (Disclaimers), 9 (Fees & Payment), 10(e) (Effects of Termination), 11 (Indemnification), 12 (Limitation of Liability), and 13 (Miscellaneous) and the Shufflrr Acceptable Use Policy.
This Agreement will be in effect until your subscription expires or one of us terminates it, and it will continue as long as you or any End Users are using the Services.
Either your or Shufflrr can terminate this Agreement if the other party is violating it and won't stop when asked. The contract can also be terminated if you or Shufflrr go out of business.
You can cancel your subscription at any time by disabling your account in the admin console.
Shufflrr plans to offer this service for a long time, but reserves the right to completely discontinue the services at any time, and without notice. If that happens, Shufflrr will give a refund for any time left on the subscription period.
Shufflrr may also terminate or suspend accounts if payment isn't made when due.
If you are doing something we think is dangerous or harmful to Shufflrr, our other users, or any third parties, we may shut down your account immediately and without notice.
End Users can stop using the Service at any time, but unless an Administrator turns off the Account, the Customer may still be billed for that End User account.
When the Agreement terminates, you can't use the Services any more. Shufflrr may allow you to log in for the purposes of exporting your data.
However, if the Agreement is terminated because of a violation of our Acceptable Use Policy or we think giving you access to the network could be harmful to Shufflrr, its users or any third parties, we can deny you the right to access your data.
After an account has been terminated, we will wait a reasonable amount of time and then delete everything.
Some parts of this Agreement will remain in effect even after it is terminated.
(a) By Customer. Customer will indemnify, defend, and hold harmless Shufflrr, its officers, directors, employees and agents from and against all claims, disputes, demands, liabilities, damages, losses, costs and expenses (including, without limitation, settlement costs and reasonable attorneys' fees) arising out of a third party claim regarding: (i) Customer Data; (ii) Customer's use of the Services in violation of this Agreement, the Shufflrr Acceptable Use Policy, any law or the rights of any third parties; or (iii) use of the Services by Customer's End Users.
(b) By Shufflrr. Shufflrr will indemnify, defend, and hold harmless Customer from and against all claims, disputes, demands, liabilities, damages, losses, costs and expenses (including, without limitation, settlement costs and reasonable attorneys' fees) arising out of a claim by a third party against Customer to the extent based on an allegation that Shufflrr's technology used to provide the Services to the Customer infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of the third party. In no event will Shufflrr have any obligations or liability under this section arising from: (i) use of any Services in a modified form or in combination with materials or services not furnished by Shufflrr, (ii) any content, information, or data provided by Customer, End Users or other third parties, or (iii) any use of the Services in violation of this Agreement, the Shufflrr Acceptable Use Policy, any law or the rights of any third parties.
(c) General. The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party has full control and authority over the defense, except that: (i) any settlement requiring the party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed and (ii) the party seeking indemnification may join in the defense with its own counsel at its own expense.
(d) Sole Remedy for Intellectual Property Rights. THE INDEMNITIES ABOVE ARE CUSTOMER'S ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION BY SHUFFLRR OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
You will be responsible for any damage you cause us, including, if necessary, defending any lawsuits and paying any damages.
We will be responsible for any claim that Shufflrr's Services violate another party's intellectual property rights.
If either of us has a claim which we need the other to defend or pay for, we will provide prompt notice. The party defending or paying the claim has discretion over how to handle it.
If there is an issue with Shufflrr's violation of another party's intellectual property rights, this indemnification is the only remedy Customer has.
(a) Limitation on Indirect Liability. EXCEPT FOR SHUFFLRR OR CUSTOMER'S INDEMNIFICATION OBLIGATIONS, NEITHER SHUFFLRR NOR CUSTOMER WILL BE LIABLE FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) Limitation on Amount of Liability. SHUFFLRR'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO SHUFFLRR HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHUFFLRR AND CUSTOMER.
We're not liable for anything that happens when you use Shufflrr. Like, literally nothing.
The most you can claim in any dispute with Shufflrr is what you've paid to use the Services over the past year.
(a) Terms Modification. Shufflrr may revise this Agreement from time to time and the most current version will always be posted on the Shufflrr website. If a revision, in Shufflrr's sole discretion, is material, Shufflrr will notify you (for example to the email address associated with the applicable account). You are responsible for checking this Agreement and the Shufflrr Acceptable Use Policy regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Agreement. If Customer does not agree to the revised Agreement terms, Customer may cancel the Services. If the revision is material and Customer cancels before the effective date of the revision, Shufflrr will refund a pro-rated amount of any fees Customer paid in advance for the Services for the unused portion of the term. If End User does not agree to the revised Agreement terms, End User must stop using the Shufflrr. Customer may grant approvals, permissions, extensions and consents by email.
(b) Entire Agreement. The Agreement, including Customer's invoice, and the Shufflrr Acceptable Use Policy, constitute the entire agreement between you and Shufflrr with respect to the subject matter of this Agreement, and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter of this Agreement. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Shufflrr invoice, the Agreement and the Shufflrr Acceptable Use Policy.
(c) Governing Law. The agreement and services will be governed by New York law.(d) Dispute Resolution.
If a dispute arises between you and Shufflrr, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To help us do that, you agree to first contact Shufflrr Customer Support at firstname.lastname@example.org to describe the problem and seek a resolution. If Customer Support does not resolve your issues, you agree to attempt to resolve any dispute arising out of or relating to this contract through negotiations between Shufflrr and Customer or an agent of Customer who has the authority to settle the dispute. If the dispute is not resolved by negotiation within 30 days of receipt of a written "invitation to negotiate", then you and Shufflrr agree to the following method to resolve any dispute or claim between us:
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
For any claim which does not exceed $10,000, the arbitration will be conducted solely on the basis of the documents that you and Shufflrr submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If a claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(e) Severability. If any of provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, illegal, unenforceable or in conflict with any law, the unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect.
(f) Notice. Notices must be sent via first class, airmail, or overnight courier and are deemed given when received. Notices to you may also be sent to the applicable account email address, and are deemed given when sent. Notices to Shufflrr must be sent to: Shufflrr, LLC, 440 Park Avenue South, 3rd Floor New York, NY 10016.
(g) Waiver. A waiver of any default is not a waiver of any subsequent default.
(h) Assignment. Customer may not assign or transfer any part of this Agreement without the written consent of Shufflrr. Shufflrr may not assign this Agreement without providing notice to Customer, except Shufflrr may assign this Agreement to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void.
(i)No Agency. Shufflrr and Customer are not legal partners or agents, but are independent contractors.
(j) Force Majeure. Neither Shufflrr nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
(k) No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Without limiting this section, a Customer's End Users are not third party beneficiaries to Customer's rights under this Agreement.
(l) Export Restrictions. The Shufflrr Services originate in the United States, and is subject to United States export laws and regulations. The Services may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Services.
Wow you're still reading this? You get a prize: more terms and conditions for the terms and conditions!
Shufflrr can change this contract at any time.
This is the complete Agreement between us, and overrides everything else.
We <3 New York!
We like you a lot and don't want to fight. If there's a problem, you agree to reach out to us and give us a chance to fix it, first through Customer Support, and second through negotiation.
If you're still not happy, let's keep this out of the courts and deal with it in arbitration
To keep the process quick and easy, for all claims under $10,000.00, both sides will send documents to the arbitrator rather than showing up in person.
If for some reason part of this Agreement is invalid, down, the rest of the Agreement will still be in effect.
If you want to notify us of something super official, please use our mailing address.
Just because we let something slide doesn't mean we give up the right to enforce it later.
You can't give your rights under this Agreement to anyone else without getting Shufflrr's permission first.
We like working with you, but we're not officially partners, and we aren't your employee.
If something really crazy happens outside of anyone's control (like a hurricane or a war), it might be impossible for you or Shufflrr to uphold parts of this Agreement. That's no one's fault, so we won't hold each other responsible.
This contract is for you (and your End Users if applicable) and Shufflrr. No one else gets any benefits from it.
The United States has certain laws about doing business with other countries, and other countries might have laws about doing business with the U.S. Don't break any of those laws!
In order to use our awesome presentation management platform, you need to share certain information with us, and we need your consent to use your information to deliver the Services.
This document explains how we use this information, and what we will and will not do with it.
In the course of providing the Services, Shufflrr may collect and store the following information:
Information you choose to provide. When you register an account, we collect certain personal information, such as your name, telephone number, email and physical or postal address, and billing information. You may provide email addresses or other information when sharing presentations or other files and content using the Services.
Information Provided to Us:
End Users: We may receive Personal Information about End Users (as defined in the Terms of Service) from the Customer (as defined in the Terms of Service) who created the account. When an End User account is created, an Administrator may include Personal Information, including your email address and name. Please refer to your organization's terms and policies for further information.
Third Parties: If someone shares a presentation with you, we may collect your email address in order to share the requested information.
Files. We collect and store the files that you upload, download or access with the Services ("Files"). If a file is added to a user group a ("Group") that you belong to or have access to, that file may be associated with or linked to your account.
Log Data. When you use the Services, we automatically record certain information from and about your Device, the software it is running, and your activity using the Services. This may include the Device's Internet Protocol ("IP") address, internet service provider ("ISP") information, operating system, browser, software and hardware information, the web page from which you linked into Shufflrr.com, locale preferences, information you search for on our website, time spent engaging in different activities on our website, date and time stamps associated with transactions or opting-in or -out of preferences, system configuration information, metadata concerning your files, and other interactions with the Services.
Cookies. We use "cookies" to enable features, collect information and to improve our Services. A cookie is a small data file that we transfer to your device and which is stored and managed by your browser. We may use "persistent cookies" to save your username or registration ID, login password and other authentication information in order to facilitate future logins to the Services. We may use "session ID cookies" to enable certain features of the Services, to better understand and predict how you interact with the Service, to monitor aggregate usage and web traffic statistics. Most browsers have the option to disable cookies or to prompt you before you accept a cookie when you visit a website. If your browser does not accept cookies, certain features of the Services may not operate properly.
We need to collect the following kinds of information to provide the Services to you:
Any information you give us when you register or use the services. We will never collect such information without your consent.
If you are an End User under your employer's account, we may also have any information that your employer gave us when your account was set up.
If you were sent a presentation, it's because one of our users asked us to send it to you.
If you want to use files, pictures, videos or anything else with the Services, you're gonna have to share them with us.
We collect some technical log data, including information about your computer and your activity when using the Services.
When you log into the Services, your computer may be given cookies. Don't eat them! They are small files stored by your browser which help the Services run smoothly and remember who you are. If you don't like cookies, read your browser documentation to learn how to disable them (but be aware this may prevent the Services from functioning properly).
Personal Information. When you use the Services, we may collect personal information that can be used to contact or identify you ("Personal Information"). Personal Information is or may be used: (i) to provide and improve the Services; (ii) to administer your use of the Services, including managing your End User account(s), billing, and customer relationship management; (iii) to better understand your needs and interests, (iv) to personalize and improve your experience; and (v) to provide or offer new features, updates to the Services, and product announcements. If you do not wish to receive communications from us, please follow the "opt-out" settings in your account, follow the "unsubscribe" instructions provided in the communications, contact an Administrator, or contact Customer Support.
Geo-Location Information. Some Devices allow applications to access real-time, location-based information (for example, GPS). Our mobile platform does not collect such information. Some photos, videos, or other files or information you upload to the Services may contain recorded location information. If you do not wish to share files embedded with geo-location information, please do not upload them to the Services. You can check the documentation of your cameras and software for information on how to disable embedding geo-location information or remove it from the file prior to upload. Additionally, some information we collect from a Device, for example, IP address or ISP information, can sometimes be used to approximate a Device's location.
Now that you know what kind of information we are collecting, it's time to tell you what we'll do with it.
We don't access location tracking through GPS-enabled devices you use to connect to Shufflrr.
Some kinds of files (especially pictures and videos) include information about the location they were recorded (e.g., where you took a picture or video). If you upload these files to the Services, that information may be visible to Shufflrr or to other users. If you don't want that to happen, please don't upload files with embedded location information.
We are big believers in using data to improve our Services, so we put a lot of the information we gather to use to better understand how people use the Services and how they can be improved.
Your Use. We will display your personal information in your profile page and according the preferences set in an account by the End User or Administrator. Any information you choose to provide should reflect how much you wish others to know about you. All information entered into your profile is viewable by Administrators, and certain items may be visible to other users. Please consider carefully what information you disclose in your profile page. You can review and revise your profile information at any time. We do not sell your personal information to third parties. We may share or disclose your information with your consent, for example with a third party if you use a third party Service to access your account. Through certain features of the Service, you may also have the ability to share certain information, potentially making it public. Public information may be broadly and quickly disseminated, and Shufflrr cannot control, and is not responsible for, what occurs to your information once it has been disseminated.
Compliance with Laws and Law Enforcement Requests. We may disclose to parties outside Shufflrr files or information stored in your Shufflrr account. We will only do so if we have a good faith belief that disclosure s reasonable necessary to (a) comply with any law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of Shufflrr or its users; or (d) to protect Shufflrr's property rights. If we provide your Shufflrr files or information to a law enforcement agency as set forth above, we will remove Shufflrr's encryption from the files or information before providing them to law enforcement. However, Shufflrr will not attempt to decrypt any files or information that you encrypted prior to storing them on Shufflrr. To the extent permitted by law and the terms of the third party information request, Shufflrr will (i) provide notice prior to disclosing your information pursuant to such request, and (ii) use commercially reasonable efforts regarding your legal efforts to oppose such request.
Non-private or Non-Personal Information. We may disclose non-private information we collect in the course of providing the Services. We will only do so in an aggregated or non-personally-identifying manner, such as the usage and traffic statistics of our service.
Now that we've gone over how Shufflrr will use your information, let's talk about the how we share it others.
Your user profile may be visible to other users, including your employer if you are an End User using the account for work. Don't put anything in there that you wouldn't want them to see.
We will never sell your personal information.
You may choose to share information through the Services. Depending on who you send it to, this could make the information public. Once something gets out there, it's out of Shufflrr's hands.
If you use another program or service to access Shufflrr, it may have access to your information, and we're not responsible for that.
We may disclose your information if we're required to by law, or if it's necessary to prevent harm to Shufflrr, our users, or third parties.
We'll let you know when that happens (if we're allowed to). If you have a reasonable basis for opposing such disclosure, we'll try to help.
If Shufflrr changes management, the new management will have access to your data. We'll let you know if that happens.
We gather aggregated user data for analytics and may disclose it — but none of that information it will be private or traceable to you.
Customers, Administrators and End Users may review, update, correct or delete the Personal Information provided in the User Profile.
Authorized Administrators may also review, update, correct or delete End User profiles through the "Users" tab in the Admin Console, and update information in the Billing, Groups, and Settings tabs within the Admin Console.
What if you need to change your information?
You can change your personal information in your account settings page. Administrators may also be able to.
Administrators can change any information they are authorized to access in the Admin Console.
Customers. Customer, or an authorized Administrator, may request deletion of the Customer account by contacting Customer Support. Please note that deletion will result in irreversible data loss for all Administrator and End User accounts associated with the Customer.
End Users. You may stop using the services at any time, however only an Administrator can delete an End User account. If you wish to delete your account, please contact an Administrator or refer to your organization's terms and policies.
How about deleting your information from Shufflrr?
Customers and authorized Administrators can contact Customer Support to request deletion. All the data on that account and the associated user accounts will be irretrievably lost.
End Users should speak to an Administrator if they need to delete their account.
Shufflrr will retain your information for as long as your account is active or as needed to provide the Services to you. If you wish to cancel your account or request that we no longer use your information to provide the Services, please use the following procedures:
Customers: You may request deletion of your account by contacting Customer Support.
End Users: You may stop using the services at any time, but only an Administrator can delete the account. Please refer to your organization's terms and policies.
We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will use commercially reasonable efforts to delete your information promptly upon request. Please note that there may be latency in deleting information from our servers, and cached or backed-up versions might persist following deletion. In addition, we will not delete any files or information which are shared or in common with other users.
We hold on to your information as long as we need it to provide the Services.
We may also hold on to it as required by law.
We will delete your information if you ask, unless we need to retain it for legal purposes.
The Services offers certain features which allow engagement between the End Users of a particular Customer Site, including the ability to comment on, or "like" content or files on the Services. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Information you post may remain even after you cancel your account. For questions about your Personal Information on our Service, please contact us at privacy@Shufflrr.com.
The Services may include links to other websites whose privacy practices may differ from those of Shufflrr. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.
The Services include social features, such as the ability to comment on or "like" a particular file or content. Anything you post there may be viewable to other End Users, so be careful about what you write!
If you follow a link from somewhere on the Services to a third party website, we are not responsible for any information you give them.
End Users must be aware that Administrators have broad control over End User accounts, including the ability to:
access information in and about your user account;
disclose, restrict, or access information that you have provided or that is made to available to you when using the Services;
control how your user account may be accessed or deleted.
Please refer to your organization's policies if you have questions about your Administrator's rights.
End User information can be accessed, modified and deleted by Administrators.
Refer to your organization's policies for specifics.
The security of your information is important to us. All Shufflrr.com websites, Customer Sites (as defined in the Terms of Service) and transactions are encrypted using 256-bit Secure Socket Layer technology ("SSL"). We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. However, no method of electronic storage or transmission is 100% secure. Therefore, Shufflrr cannot guarantee its absolute security.
Shufflrr takes security seriously. We use encryption everywhere on the Services and follow best practices to secure your data. That said, nothing is 100% secure.
The Services are not directed to persons under 13 years of age. We do not knowingly collect personally identifiable information from children under 13 years of age. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she must contact us at email@example.com. If we become aware that a child under 13 has provided us with Personal Information, we will take steps to delete all such information.
Shufflrr is made for grownups. Don't use it if you're under 13, and don't let anyone under 13 use it if you're an adult.
Get in touch at the address to the left.
"The nature of
existence privacy policies is impermanence." So this policy may change from time to time. Don't worry — we'll always let you know if we make any changes that affect you.
Shufflrr respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Shufflrr will respond expeditiously to claims of copyright infringement committed using the Shufflrr service and/or the Shufflrr website (the "Site") if such claims are reported to Shufflrr's Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Shufflrr's Designated Copyright Agent. Upon receipt of Notice as described below, Shufflrr will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
Identify the copyrighted work that you claim has been infringed, or — if multiple copyrighted works are covered by this Notice — you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the relevant website where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Shufflrr's Designated Copyright Agent:
c/o Shufflrr, LLC
440 Park Avenue South, 3rd Floor
New York, NY 10016
Shufflrr is proud to deliver our awesome Presentation Management services, and we want you to make the most of them, including any innovative uses you might come up with. While we do not want to limit the ways in which you can explore and use the Services, we must ask that you use them responsibly.
As a condition to our Provision of the Services, you must agree to refrain from any actions which could be harmful to Shufflrr, our other customers and end users, or any third parties. In particular, you must never use the Services, nor attempt to use the Services, to do any of the following:
Scan, test or probe any computer network for security vulnerabilities;
Circumvent or attempt to circumvent security, authentication or verification measures;
Access, tamper with or use any non-public areas of the Services or Shufflrr's computer systems, or the technical delivery systems of Shufflrr or its providers;
Reverse engineer any of Shufflrr's proprietary technology;
Access the Services in any manner other than our publicly-supported interfaces (for example, "scraping");
Threaten to, or actually, harm, disrupt or interfere with any user, host or network, for example by spamming, sending a virus, overloading, mail-bombing or attempting a denial of service attack;
Send information with deceptive or false source-identifying information, otherwise known as "phishing," or otherwise misrepresent your identity or affiliation with any person or entity;
Send unsolicited email, junk mail, chain-letters, advertisements, promotions or other "spam" messages;
Publish any fraudulent, misleading, defamatory or libelous material or information that otherwise infringes on the rights of others;
Distribute or plant malware;
Upload or share any materials that (i) infringe or misappropriate the intellectual property rights or violate the privacy rights of any party (including without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity), (ii) are unlawfully obscene or pornographic, (iii) advocate bigotry, religious, racial or ethnic hatred or (iv) incite violence;
Violate any law or regulation.
Shufflrr reserves the right to monitor the Services and investigate suspected violations of this Acceptable Use Policy, and to choose, in its sole discretion, how to respond to violations, including without limitation: suspension or termination of an account, deletion of the offending data or files, notification of the relevant authorities or prosecution.