Welcome to ShareThis! We offer You ShareThis’ applications, products, tools and services provided that You agree to the following terms. Please review them carefully.
YOUR AFFIRMATIVE ACT OF ACCESSING, USING OR REGISTERING FOR ANY SHARETHIS SERVICES AND APPLICATIONS SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS ("Terms" or "Agreement"). YOU AGREE THAT THESE TERMS HAVE THE SAME EFFECT AS AN AGREEMENT SIGNED IN WRITING. You may not sign up or use the ShareThis Applications (described below) if You do not agree.
ShareThis, Inc. and its affiliates (“We ” or “Us ”) offer publishers ( "You") code, applications, graphics (including icons), tools, analytics, widgets, plug-ins and proprietary methods and systems that include, without limitation:
We offer the standard ShareThis Applications on the Web at no charge to publishers in consideration of our publishers giving Us the right to collect and use certain data from the use of our ShareThis Applications. Other customized or premium services, such as, advertising services, advertising network services, data analytical services and fee-based services ("Services") may be subject to additional terms as agreed to by You and Us.
About these terms
These Terms serve as a contract between You and Us and governs your use of ShareThis Applications.
You agree to transact with Us electronically and to receive all terms and notices from Us by electronic means, either by email or by posting such notices online. You agree that these Terms may not be denied enforceability because they are in electronic form.
We make changes to these Terms from time to time. When We make changes, We will post an updated version of these Terms at http://sharethis.com/publisher_terms. The changes take effect after We post or provide notice of the changes. You understand and agree that by continuing to use the ShareThis Applications after We post or provide notice of the changes to this Agreement, You affirm your acceptance to the Terms as modified. Therefore, You should review these terms regularly to learn about any changes.
You do not need to register with Us to visit our Web sites. However, You must register with Us to use the ShareThis Applications. You will receive basic Analytical Tools at no cost (free) and We will notify You of any significant feature changes or enhancements. If You register, You must complete the registration process and provide Us with information about You that is complete, accurate and up to date.
ShareThis Applications are available only to (a) individuals who are legally capable of entering into contracts and (b) corporations and other legal entities authorized to form legally binding contracts under applicable law. If You are not eligible, You may not access or use the ShareThis Applications. We may refuse to offer the ShareThis Applications to any person and may change our criteria for eligibility, at any time, in our sole discretion. We retain the right to terminate your account and your rights to use the Service for any reason, including but not limited to, if We believe that any registration data You provide is or becomes untrue, inaccurate, not current, or incomplete or if We believe in our discretion that You are in violation of this Agreement.
You must use the ShareThis publisher site to get a ShareThis tool and/or code located at http://sharethis.com/developers or from one of ShareThis' authorized distributors (e.g., http://sharethis.com/blogger, http://sharethis.com/typepad, http://sharethis.com/wordpress). You may not copy code from another site, other than your own Web site ("Site"), using the ShareThis Applications. You agree to comply with all applicable laws and regulations.
You acknowledge that We offer the ShareThis Applications in the United States and that (a) We have not designed or customized the ShareThis Applications for use in any specific country or jurisdiction ("Territory"), especially outside the United States, and (b) You may not distribute or make available for use the ShareThis Applications in any Territory where such distribution or use would be contrary to local law or regulation. You are solely responsible for compliance with local laws as applicable when You use the ShareThis Applications. You are solely responsible for (c) all resources needed to develop and operate your Site and for all materials that appear on the Site and (d) any information, text, postings, images, audio, video and all other materials (“Content”) posted on your Site(s) and the conduct of your users. You must back up at your own expense any data and files that You desire to keep.
The ShareThis Applications are owned by Us. The ShareThis Applications are protected by copyright and other intellectual property laws and treaties. We and our licensors reserve all rights not specifically granted to You. You may not reverse engineer, decompile, or disassemble any aspect of the ShareThis Applications. You may not modify, adapt, or create derivative works from the ShareThis Applications. Do not remove proprietary notices. Do not help anyone else to do any of the things prohibited in this paragraph.
About our software
We may automatically update software on your computer to improve the performance and capabilities of such software. Any software and computer code provided by Us is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.
You agree to comply with all applicable laws that regulate or prohibit the export or re-export of our software and technologies to certain countries and persons. You agree to comply with these laws and regulations at your own expense. You assume sole responsibility for any unauthorized exportation.
We will retain custody and ownership of all data and information collected or obtained by Us from users through our networks of the ShareThis Applications and We provide any data to You as a service. You own all data that You collect directly from the users of your Sites.
We will not claim ownership in any Content or materials that You post or submit on your Sites. However, by offering the ShareThis Applications on your Site, You grant Us the sole worldwide right to provide Content through the ShareThis Applications, as well as a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to display, reproduce, distribute and perform (if applicable) your content through the ShareThis Applications and network. You agree to allow others to view and share your Content and acknowledge by downloading code from Us that the code will enable You to mark or "tag" Content on your Site to allow your visitors to seamlessly promote, create links, and copy and paste Content from your Site, the Sharing of which can then be tracked by Us as a result of being tagged. When You tag content, You authorize Us to use, reproduce, distribute, publicly display, and publicly perform the Content to the extent necessary or desired for Us to provide the Services, including link creation whereby We deliver You customized script that You install on a Web page to facilitate the ability to track Content accordingly. The ShareThis Applications are designed to maximize Sharing, to drive traffic back to your Site, and to provide You with best-in-class Services including analytics and a complete understanding of end users’ Sharing and Web usage patterns.
We welcome feedback, suggestions, and comments from our users ("Suggestions"). However, if You provide any Suggestions to Us, You agree that We may use your Suggestions in any manner We determine at our own discretion without compensation or limitations of any kind.
Our standard sharing tools do not include advertising; however, certain other ShareThis Applications that You may elect to use (such as our toolbar) may be supported by advertising revenue. Unless otherwise provided by agreement, ShareThis shall own and retain all right, title, and interest in and to the advertising and promotional spaces within the ShareThis Applications and network and has the right to sell all advertising within such spaces and to retain all revenues related to such advertising.
Premium services in which advertising, and advertising network and behavioral data services are provided by Us to You may be subject to additional terms.
Rules of conduct
You may not use the ShareThis Applications in connection with any content, materials, Web sites, activities or products that:
You may not submit -- or cause to submit -- anything that is false or that You know is inaccurate. We may take any legal action and/or implement technical remedies to prevent the violation of this Agreement.
Share Icon; Trademarks.
ShareThis, Inc. is the owner of the SHARETHIS name, mark, and ShareThis’ share icon (“Share Icon”). In order to facilitate the standardization of multiple source and destination sharing, ShareThis offers the Share Icon for general use without requiring a formal trademark or service license. Even still, ShareThis, Inc., maintains all right, title, and interest in and to its trademarks and other intellectual property. The complete Share Icon Guidelines ("Guidelines") can be found at: http://sharethis.com/usage-guidelines.
The Share Icon must not be incorporated into or used in any combined trademark, service mark, trade name or other similar identifier (e.g., corporate or organization name) other than in connection with the ShareThis Applications or products or services offered by ShareThis, Inc. So long as You comply with the Guidelines and your obligations under these Terms, You may also use the Share Icon trademark for the purpose of promoting or advertising that You use the ShareThis Applications, provided that your Sites do not in our reasonable opinion (1) infringe, dilute or disparage our trademarks, (2) violate any applicable law, or (3) infringe any third-party rights. You hereby grant to Us a nontransferable, nonexclusive license during the period You use the ShareThis Applications (the "Term") to use your trademarks and logos to advertise that You are using the ShareThis Applications. Nothing in these Terms grants, or will be deemed to grant, to one party any right, title, or interest in or to the other party's trademarks. Nothing in this Agreement creates a partnership or relationship between the parties beyond the explicit Terms for use of the ShareThis Applications.
The ShareThis Applications may not be used directly or indirectly to transmit spam or other forms of unsolicited bulk communications. We may terminate your access or use of the ShareThis Applications immediately and take any other legal action if You, or anyone using your access to the ShareThis Applications, violates these provisions. We may implement any technical remedies at our sole discretion to prevent unsolicited bulk communications from entering, utilizing, or remaining within our network system.
Representations and Warranty
Each party represents and warrants to the other party that (i) such party has the full corporate right, power and authority to enter into the Agreement and to perform the acts required under this Agreement, (ii) the execution and performance of the Agreement by such party do not and will not violate any agreement to which such Party is a party or by which it is otherwise bound, (iii) when executed and delivered by such party, the Agreement will constitute the legal, valid and binding obligation of such party, and (iv) each party’s performance of its obligations under this Agreement will not violate the intellectual property rights of any third party.
You further represent and warrant that (a) You own or otherwise control all of the rights to the Content and material that will be shared or accessed through the ShareThis Applications on your Sites and (b) each person depicted in any image on your Site, if any, has provided consent to the use of the image on your Site.
We are not obligated or responsible for content provided or shared by others and We have no duty to pre-screen such content. We are not liable for content or materials that are shared through the ShareThis Applications. We are not responsible for content on the Internet.
DISCLAIMER OF WARRANTIES
We provide the ShareThis Applications "as-is," "with all faults" and "as available." WE GIVE NO EXPRESS WARRANTIES OR GUARANTEES. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. WE, OUR SUPPLIERS AND DISTRIBUTORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SHARETHIS APPLICATIONS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SHARETHIS APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SHARETHIS APPLICATIONS WILL BE CORRECTED. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DATA PROVIDED VIA THE ANALYTICAL TOOLS WILL ALWAYS BE ACCURATE, UP TO DATE, OR MEET YOUR REQUIREMENTS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US FOR YOUR USE OF SHARETHIS APPLICATIONS IS TO DISCONTINUE YOUR USE OF THE SHARETHIS APPLICATIONS. WE AND YOU AND OUR RESPECTIVE OWNERS, SUPPLIERS, DISTRIBUTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, SHALL NOT BE LIABLE TO EACH OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING UNDER THIS AGREEMENT, EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Each party agrees to defend, indemnify, and hold harmless the other party, its owners, employees, representatives and agents from all liabilities, claims, and expenses -- including attorney's fees -- that arise from such party’s breach of this Agreement. In addition, You agree to defend, indemnify, and hold harmless Us and our owners, subsidiaries, officers, directors, employees, representatives and agents from all liabilities, claims, and expenses -- including attorney's fees -- that arise from your use or misuse of the ShareThis Applications.
You acknowledge that your breach of this Agreement may cause irreparable harm to Us, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which We may be legally entitled, We will have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of your officers, directors, employees, contractors, consultants, or other agents.
These Terms make up the entire agreement between You and Us regarding your use of the ShareThis Applications. We may assign this Agreement at any time, with or without notice to You. You may not assign this Agreement, or any part of it, to any other party, without our prior written authorization. You agree that the laws of Ohio govern these terms and any claim or dispute that You may have against Us. You further agree that any disputes or claims that You may have against Us will be resolved by a court located in Hamilton County, State of Ohio, and You agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If for any reason a court finds that any provision or portion of these Terms is unenforceable, the remainder of these terms will continue in full force and effect.
You may also reference ShareThis Users Terms of Service located at: http://sharethis.com/terms.
Date updates posted: Oct 5, 2012
Effective Date: Oct 5, 2012