Plain English

We are promoting music blogs.
Music blogs are promoting music.
We are promoting music.

In depth

Shuffler.fm is committed to support both the music artists, writers and producers and their created content as well as the music websites and blogs that make this content available on the web, often solely for promotional reasons. MP3s are posted for sampling purposes only, and often for a limited amount of time. Frequently, this music is also made public by the artists and labels themselves and we are glad to support them and their listeners. Most blogs embed (licensed) music services such as YouTube, Vimeo or SoundCloud instead of MP3s. If you like anything you see on one of these blogs, please support the artist and buy it (MP3, album, t-shirt or concert ticket)

Should any of the tunes (MP3s) on one of these sites however be yours and you want it to be removed, the best solution is to mail the blog or site-owner and tell them. They will probably remove the music as soon as possible and when this is done, the bookmark will also die in Shuffler.fm. Often music blogs and sites use YouTube, SoundCloud, Vimeo or other (legal) music services to post, and embed, legal (and licensed) music on their blogs and no MP3s.

If your music is available online, we try to encourage bloggers and publishers to include the appropriate metadata with the music making your music easier to found and spread. Shuffler.fm also acknowledges the source and the author and redirects every play to the source where the music was bookmarked, helping the original source to generate extra traffic to their sites.

Terms of Service

These Terms of Service (ToS) shall govern the Service provided by Shuffler.fm to the user. The user of the service agrees and acknowledges that the use of the service is subject to the following Terms and Conditions. Shuffler.fm grants the user a license for the use of the Service in accordance with the terms as seth forth hereunder. If you do not agree with any of these terms, please do not use the Shuffler.fm website. Shuffler.fm reserves the right to terminate your license to use the Site and Services at any time and for any reason.

Shuffler.fm may, at it’s sole discretion, modify revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this agreement shall be deemed to confer any third party rights or benefits.

WEBSITE & ACCOUNT

Shuffler.fm Website
The Shuffler.fm website includes all aspects of Shuffler.fm, including but not limited to all products, software and devices offered via the applications of the Shuffler.fm website as such. The Shuffler.fm website contains links to third party websites that are not owned or controlled by Shuffler.fm. Shuffler.fm has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites. In addition Shuffler.fm will not and can not censor or edit the content of any third party website. By using the aforementioned third party website you expressly relieve Shuffler.fm from any and all liability arising from your use of this website.

Shuffler.fm (premium) Account
In order to access the features of the premium aplication, you have to create a Shuffler.fm account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Shuffler.fm immediately of any breach of security or unauthorised use of your account. You may be liable for the losses of Shuffler.fm or others due to such unauthorised use.

Shuffler.fm reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

License to use the Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or posses legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth from these Terms of Service and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Shuffler.fm Website is not intended for children under 13.

You may use the Website and its content for personal and non-commercial purposes only. You may not use Shuffler.fm Service for any illegal or unauthorised purpose.

You may not use the Website in a way that could damage its content or impair its operation in any way.

Use of the Shuffler.fm Website

You may access the Shuffler.fm website solely:

• To find information on third party websites
• as intended through the normal functionality of the Shuffler.fm service

You agree not to access, or attempt to access, any of the Services by any means other than through the interface that is provided by Shuffler.fm, unless you have been specifically allowed to do so in a separate agreement with Shuffler.fm. You specifically agree not to access, or attempt to access, any of the Services through any automated means, including use of scripts or bots. Shuffler.fm may in the future provide automated access to Services and will update the ToS here or in a separate agreement with specific persons or companies.

Shuffler.fm does not allow you to upload or download music files from or to www.shuffler.fm. You know and realize that Shuffler.fm solely provides links to content. Shuffler.fm has no control over the content that is made available on third party websites. Shuffler.fm is not responsible for any copyright infringements by any third parties. You also understand that by using the Service you may be exposed to content on third party websites that is offensive, indecent or objectionable.

Shuffler.fm may, but has no obligation to, remove Content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s Intellectual Property or these Terms.

SERVICE

Description of Service
Shuffler.fm shuffles music websites and blogs. It’s internetradio made by blogs. Shuffler.fm only works with official sites, with legal content and identities.

Costs of Service
Use of the Service is free of charge, however Shuffler.fm reserves the right to charge a financial compensation for commercial usage of the service in the future.  

Site Modifications and Availability
Shuffler.fm reserves the rights to modify, suspend, or discontinue the Site and its services at any time, with or without notice.

Termination
Shuffler.fm may, without prior notice, immediately remove your Shuffler.fm account, content on your Shuffler.fm account - including your Shuffler.fm library - and terminate your right to use the Service, if we determine, in our sole discretion, that these are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s Intellectual Property or these ToS. Also a termination can be caused by a self-initiated account deletion, discontinuance or material modifications of (a part of) the Service, technical or security issues or problems or extended periods of inactivity.   

International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically you agree to comply with all applicable laws regarding the transmission of technical data from the country in which you reside.

Dealings with advertisers
Your correspondence or business dealings with, or participation in promotions af, advertisers found on or through the Service, including payement and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealing, are solely between you and such advertiser. You agree that Shuffler.fm shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

LEGAL

Intellectual Property Shuffler.fm
The content on the Shuffler.fm website, except all users links (website links), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like “Design”) and trademarks, service marks and logos contained herein (marks), are owned by or licensed to Shuffler.fm, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded copied reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Shuffler.fm reserves all rights not expressly granted in and to the Website and the Content.

Links
The service provides, or third parties may provide, links to other websites or resources. Because Shuffler.fm has no control over such sites and resources, you acknowledge and agree that Shuffler.fm is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any music files, content, advertising, products or other materials on or available from such websites and resources. You further acknowledge and agree that Shuffler.fm shall not be responsible for or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such music files, content, goods or services available on or through any such site or resource.

Disclaimer of Warranties
You expressly understand and agree that:

a)    your use of the of the service is at your discretion and risk. We disclaim any responsibility for the deletion, the failure to store, or failed or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from accessing information or material on the Internet using the links on the Shuffler.fm website. The service is provided on an “as is” and “as available” basis. Shuffler.fm and its subsidiaries, affiliates, officers, employees , agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

b)    Shuffler.fm and its subsidiaries, affiliates, officers, employees , agents, partners and licensors make no warranty that

• the service will meet your requirements
• the service will be uninterrupted, timely, secure or error-free
• the result that may be obtained from the use of the service will be accurate or reliable
• he quality of any products, services, information or other material purchased or obtained by you trough the service will meet your expectations
• any errors in the software will be corrected

c)    Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results dorm the download of any such material

d)    No advice or information, whether oral or written, obtained by you from Shuffler.fm or trough or from the service shall create any warranty not expressly stated in the ToS.

e)    A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.

Indemnity
You agree to indemnify and hold Shuffler.fm and it’s subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims, losses, damages and expenses, including reasonable attorney’s fees, made by any third party due to or arising out of links you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the ToS, or your violation of any rights of another party.  

Limitation of Liability
You expressly understand and agree that Shuffler.fm and its subsidiaries, affiliates, officers, agents, employees, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for losses (even if Shuffler.fm has been advised of the possibility of such damages), resulting from:

• The use or the inability to use the service
• The costs of procurement of substitute costs goods and services purchased or obtained or messages received or transactions entered into through or from the service
• Unauthorized acces to or alteration of your transmissions or data
• Statements or conduct of any third party on the service
• Any other matter relating to the service

Third party rights
Shuffler.fm aims to offer a superiour legal alternative to illegal filesharing. Users are encouraged to enjoy legitimate downloadable media and support artists by purchasing music after sampling it online. Shuffler.fm also promotes music and artists by promoting concert tickets, merchandising and paid streaming alternatives. Shuffler.fm is commited to supporting artists, writers, editors and producers who create original content available on the web and depends fully to great music sites, blogs and applications who select and filter original content. Our objective is a superior legal streaming service, which constitutes an excellent alternative to illegal file sharing.

Shuffler.fm is about music services, apps and URL discovery. Shuffler.fm provides full acknowledgement of the source and author for all audio that it provides. Shuffler.fm recommends blog publishers to include appropriate metadata when making audio available on the web. Shuffler.fm aims to be the best music application, site and blog discovery on the web. Shuffler.fm believes online music needs human selection, thus the selectors, tastemakers, DJs, writers, reviewers, bloggers are the filters of all the musical overflow. Shuffler.fm aims to be a social app which supports and connects these sites, make them more social, improve localisation of the sites by users and help promote the sites.

Notice and Procedure for making claims on copyright or Intellectual Property infringement
Although Shuffler.fm does not host content, it respects the intellectual property of others, and we ask our users to do the same. Shuffler.fm may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your Intellectual Property rights are infringed, please follow the procedure as described in our Copyright Infringement policy.

Privacy Policy

what is the Shuffler.fm policy on user privacy?
Shuffler.fm takes your privacy seriously. We respect and protect the privacy of our users and take appropriate steps to safeguard your personal information. This privacy policy (the “Policy”) explains the types of personal information that we receive and collect when you use the Shuffler.fm website ("Site") or the services offered by Shuffler.fm ("Services"). Because Shuffler.fm is intended for users to share information, photos, ideas, etc. with their friends, it is important to distinguish between what we will share with third parties, and what users are themselves sharing on the Site. We do not generally restrict what you share with your friends on the Site, and you are solely responsible for the content and privacy of what you share. Shuffler.fm, however, does not sell personal information to third parties at any time for any reason. The information we collect, as described below, is used solely to facilitate the delivery to you of our Services. Despite our policy against the sale or use of personal information of users other than for the purpose of delivering the Services, users should be aware that what they share on the Site may be discovered by third parties without the involvement of Shuffler.fm, including, without limitation, search engine crawlers, bots and the like. Users should always take that into consideration whenever they share something, whether on our Site or on other third-party sites.

what information does Shuffler.fm collect?
information you provide: When you sign up for a Shuffler.fm account, we ask you for personal information, such as your name, email address, and a nickname. You'll be asked to create a password for your Shuffler.fm account. You may also provide us with additional email addresses that we will link with your account. You may create a public profile that includes certain personal information and pictures, which can be accessed and viewed by other Shuffler.fm users.

When you provide friends' email addresses and the services they use, we store these in order to provide Services to you. We also store your imported contact list if you choose.

When you invite friends to Shuffler.fm or send messages through Shuffler.fm, we collect and maintain information associated with those messages, including email addresses and content.

cookies:
A cookie is a small file containing a string of characters. This information is sent to your computer when you use Shuffler.fm, and it’s stored on your computer so that we can uniquely identify a user’s browser. We use cookies to store user preferences and track user trends. Because Shuffler.fm is entirely personalized, your browser must accept cookies for us to provide our Services to you.

contents of entries:
The contents of any entry that you post directly to the Site, including any text, images, photos, videos and audio, are stored and maintained on our servers in order to publish these items and provide the Service. Your submitted content will be associated with your account.

user communications:
When you send email or other communication to Shuffler.fm, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

non-personally identifying information:
This is information that is commonly made available by web browsers and servers, such as the browser type, language preference, referring site, and the date and time of each visitor request. Shuffler.fm uses this information to better understand how visitors use our website. From time to time, we may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in Shuffler.fm usage.

uses:
We maintain and process your personal information in order to provide your Shuffler.fm account and access. When you send messages or invitations through Shuffler.fm, your name, email address and personal Shuffler.fm URL are identified in the message. We also use your name and email address to notify you of Shuffler.fm updates that you have selected for in “Settings”, as well as other information, such as friend subscription requests.
We store passwords for third-party services if it is required by that service to display the information on Shuffler.fm. We do this in order to provide Services to you. We do not store passwords for third-party sites when you provide them as part of contact information retrieval, such as contacts import from Gmail.

In addition to the above, Shuffler.fm may process personal information for such purposes as:

• Sending you information related to your Shuffler.fm account or other Shuffler.fm services;
• Auditing, research and analysis in order to maintain, protect and improve our services;
• Ensuring the technical functioning of our network; and
• Developing new services.

Shuffler.fm processes personal information on our servers in the Netherlands and the U.S.A. For users outside the Netherlands or the U.S.A, please note that any personally-identifying information you enter into the Site will be transferred out of your country and into the Netherlands and / or the U.S.A. You consent to such transfer through your use of the Site and our Services. You also warrant that you have the right to transfer such information outside your country and into the Netherlands and / or the U.S.A.

what account data is stored in the browser?
In order to track music for your account, the Shuffler.fm Tracker stores your account name and a unique security token. Your password is only used once, to verify your account, but it is not stored in Firefox.

The security token does not give access to any of your private account settings, it only allows you to track your music timeline. Still, make sure that you keep this security token private, otherwise others could track (fake) music data on your behalf.

The Internet Explorer Tracker stores the same data on your Windows User Profile in your computer.

choices for personal information?
You may change your Shuffler.fm account settings in the Shuffler.fm “Settings” section. You may delete your entries through Shuffler.fm, and this will take immediate effect in your account view.

If you wish to terminate your Shuffler.fm account, you can do so at info_at_Shuffler.fm_dot_com. You can also write to us at Shuffler.fm BV i.o., Vijzelstraat 72 (suite 2.21), 1017 HL Amsterdam, The Netherlands. If you terminate your account, your profile and any entries or comments you’ve made will be removed from the site. Your account will be deleted immediately, but it will remain in our backup systems.

You can decline to submit personal information to our Service, in which case Shuffler.fm may not be able to provide the Service to you.

information sharing:
In addition to the uses noted above, Shuffler.fm only shares personal information with other companies or individuals outside of Shuffler.fm in the following limited circumstances:

• We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
• We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Shuffler.fm, its users or the public as required or permitted by law.
• If Shuffler.fm becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

Please contact us at the address below for any additional questions about the management or policy.

information security:
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to Shuffler.fm employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

data integrity:
Shuffler.fm processes personal information only for the purposes for which it was collected and in accordance with this Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

accessing and updating personal information:
When you use Shuffler.fm, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

links to third party sites?
This Policy only applies to the Shuffler.fm website and services. We do not exercise control over the sites that our service links to. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. We encourage you to read such privacy policies of any third-party sites you visit. It is the sole responsibility of such third parties to adhere to any applicable restrictions on the disclosure of your personally-identifying information, and Shuffler.fm and its affiliates shall not be liable for wrongful use or disclosure of your personally-identifying information by any third party.

how does Shuffler.fm enforce its privacy policy?
Shuffler.fm regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or Shuffler.fm’s treatment of personal information by contacting us at we@shuffler.fm or by writing to us at the address below. When we receive formal written complaints at this address, it is Shuffler.fm's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Shuffler.fm and an individual.

changes to this policy:
This Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice.

copyright infringement policy
Shuffler.fm is committed to protecting the rights of copyright holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.

Shuffler.fm respects the intellectual property of others, and we ask our users to do the same. Shuffler.fm has no responsibility for content on third-party websites that you may find or access when using Shuffler.fm' products or services. Any such material may be protected by copyright and the intellectual property laws of the Netherlands and/or other countries. The terms of service of those websites, and not Shuffler.fm' terms of service, govern your use of that material.

It is Shuffler.fm' policy, in appropriate circumstances, at its discretion and in accordance with applicable laws, to remove or disable access to material claimed to be infringing and, further, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Shuffler.fm' Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site, with enough detail for us to be able to locate it on the website, preferably including a specific URL;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Shuffler.fm legal contact
You can send the abovementioned information to Shuffler.fm in the following ways:

By e-mail: we@shuffler.fm
By mail:
Shuffler Media BV
PO Box 17114
1001 JC Amsterdam
The Netherlands