Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms (including our Privacy Policy) will mean you agree to any changes.

Indie Shuffle or its business partners may present advertisements or promotional materials on the website. Your dealings with, or participation in promotions of any third-party advertisers on the website are solely between you and the third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Indie Shuffle is not 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 third parties on the Indie Shuffle website.

USE OF MATERIALS LOCATED ON THIS SITE

This site is owned and operated by Indie Shuffle, LLC (“Owner”). Material such as reviews, meta data and static pages on the site are copyrighted and/or licensed to the Owner, unless otherwise specified (for example, Indie Shuffle does not claim copyright of embedded music or album artwork). The Owner also reserves the right for a worldwide license to use, modify, reproduce or create derivative works (such as those resulting from translations) of this material.

Original material from this site or any Web site owned, operated, licensed, or controlled by Owner may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, unless proper attribution is provided. Modification of the materials or use of the materials for any other purpose is a violation of the Owner copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Owner or the other designated owner of a posted mark.

Elements of Owner sites are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Owner site may be copied or retransmitted unless expressly permitted by Owner.

YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE INDIE SHUFFLE WEBSITE OR INDIE SHUFFLE APPLICATIONS. INDIE SHUFFLE WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.

PURCHASE OF PRODUCTS FROM THIS SITE

The purchase of any products from this site is governed by the terms and conditions of the sales transaction with the provider of the product. INDIE SHUFFLE, LLC MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Indie Shuffle, LLC does not have any responsibility for the processing or delivery of products purchased from this site.

LINKS TO AND FROM THE OWNERS SITES

Owner permits the linking to its sites from any other site so long as the linking site does not contain libelous, defamatory, obscene or illegal content. Any link must not frame the Owner’s site and must be to the entire site rather than to a particular file or graphic. Permission to link to any Owner site is temporary and at Owner’s sole discretion. Owner reserves the right to request any linking site to remove such link to any Owner site. Any linking site agrees to comply with such a request within 24 hours of receipt of such a request from Owner. Links in the Owner sites will let you leave the site. The linked sites are not under the control of Owner and the Owner are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Owner provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by Owner unless expressly indicated.

PUBLIC FORUMS

“Forum” means any chat area, poll, bulletin board, e-mail and other interactive function offered as part of this site. You shall not upload to, distribute through, or otherwise publish through this site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or which is in violation of another’s copyright, trademark or other proprietary rights.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services.

By submitting content to any Forum, you automatically grant (or warrant that the owner of such rights has expressly granted) the Owner a royalty-free, nonexclusive, perpetual right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed.

YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. INDIE SHUFFLE DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

PRIVACY

All information about you and any information stored or transmitted in any way on the Indie Shuffle website or through the use of Indie Shuffle applications is subject to Indie Shuffle’s Privacy Policy. Indie Shuffle’s Privacy Policy is incorporated into these Terms of Service by this reference.

DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we link to infringe your copyright, you (or your agent) can contact us requesting that we remove the links to the material. Indie Shuffle will honor any accepted technical measures used by copyright Owner to identify or protect their works. You may report any suspected infringement to jason@indieshuffle.com. We’re not trying to start beef, we just like your music!

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in the site are presented for the purpose of promoting radio stations, radio personalities, musicians and other products available in the United States. Owner makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION OR ADVICE IN OR FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE OWNERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF THE Owners OR THEIR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OWNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

OTHER PROVISIONS

These terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Lewes County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. If these disclaimers do not apply to you, you acknowledge and agree that your sole remedy for any problems or dissatisfaction with any Indie Shuffle applications is to discontinue use. Indie Shuffle’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision and no waiver shall be effective unless it is made in writing and signed by an authorized representative of Indie Shuffle.

These terms along with the terms of the Privacy Policy is the entire agreement between us relating to the subject matter herein.

INDEMNITY

YOU WILL INDEMNIFY AND HOLD INDIE SHUFFLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE INDIE SHUFFLE SERVICES.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THE INDIE SHUFFLE WEBSITE OR APPLICATIONS.