YOUR AFFIRMATIVE ACT OF ACCESSING, USING OR REGISTERING FOR ANY SHARETHIS PUBLISHER APPLICATIONS AND SERVICES SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS (“Terms”). YOU AGREE THAT THESE TERMS HAVE THE SAME EFFECT AS A CONTRACT SIGNED IN WRITING.
You may not sign-up or use the ShareThis Publisher Applications or Services (described below) if You do not agree.
Updated June 7, 2022
I. About ShareThis Publisher Applications
A publisher (“You” or “Publisher”) is the owner and/or operator of a website (“Publisher Site”) and desires to use ShareThis Publisher Applications as described below on such Publisher Site. ShareThis, Inc. and its affiliates (“We”, “Us,” or “ShareThis”) makes available to Publishers certain code, applications, graphics (including icons), tools, analytics, widgets, plug-ins and proprietary methods and systems that include, without limitation:
a. Sharing tools that include capabilities for deploying digital content and/or materials via social Web linking, bookmarking, rating, recommending, emailing, instant messaging, indexing, and posting to blogs (“ShareThis Icon”);
b. Analytical tools and data to help Publishers analyze how and what content is being shared by Visitors, which can help identify user behaviors and draw other valuable data insights (“Analytical Tools”) (collectively, ShareThis Icon, Analytical Tools and other tools We provide for Publishers are the “ShareThis Publisher Applications”);
c. Content, functionality, and services offered on or through ShareThis.com for Publishers (“Our Website”).
We offer the standard ShareThis Publisher Applications on Our Website at no charge to Publishers in consideration of our Publishers giving Us the right to collect and use data from the use of our ShareThis Publisher Applications on the Publisher Site. Other customized or premium services, such as advertising services, advertising network services, fee-based services such as data licensing (where applicable) and data analytical services (“Services”) may be subject to additional terms as agreed to by You and Us.
II. About these Terms
These Terms serve as a contract between You and Us and governs Your use of ShareThis Publisher Applications and Our Website. 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 enforceable because they are in electronic form.
III. Registration and Obtaining the ShareThis Publisher Applications
You must register with Us to use the ShareThis Publisher Applications on Your Publisher Site. You must use the ShareThis Website to get the ShareThis Applications located at https://platform.sharethis.com/ or from one of ShareThis authorized distributors (e.g., https://wordpress.org/plugins/sharethis-share-buttons/). You may not copy code from another site. You must complete the registration process and provide Us with information about You that is complete, accurate, and up to date. By registering, You agree to the Terms herein and to comply with all applicable laws and regulations. We will notify You of any significant feature changes or enhancements here.
1) ShareThis Publisher Applications are available only to (i) individuals who are legally capable of entering into contracts (i.e., eighteen (18) years of age or older in most places), or (ii) corporations and other legal entities authorized to form legally binding contracts under applicable law. We may refuse to offer the ShareThis Publisher 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 ShareThis Publisher Applications 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 these Terms.
2) You may use the ShareThis Publisher Applications only with a web site You directly own and/or control, and for Your personal or internal business purposes and not in connection with any other commercial purpose or application such as a toolbar, plug-in, helper, and/or component or other software that runs on an end user’s computer. You may use our Analytical Tools and any data from such tools (“Analytical Data”) solely for Your personal or internal business purposes to analyze and operate Your Publisher Site. You may access the ShareThis Publisher Applications only through the software, interfaces and protocols provided or authorized by Us.
V. License for Usage Data and Cookies, Pixel Tags, Web Beacons and/or Other Similar Technologies, and Data Ownership
2) License. You grant to Us a non-exclusive, perpetual, royalty-free, worldwide, fully sub-licensable, and irrevocable right and license to:
a. Collect, use, create derivative works from, and disclose data derived from the Usage Data via Cookies placed by ShareThis in accordance with our Privacy Notice located at https://www.sharethis.com/privacy/and to allow our third-party data partners to do the same. We may use Usage Data to target advertising toward the Visitors to Your Publisher Site and/or authorize our third-party data partners to do the same.
b. Use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Usage Data for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Usage Data into any of Our products or services, and to display, market, sublicense and distribute the Usage Data as incorporated or embedded in any product or service distributed or offered by Us without compensation to You.
c. Use those Publisher trademarks We deem necessary to identify Publisher (“Licensed Marks”) as a Publisher using the ShareThis Publisher Applications. Publisher expressly grants ShareThis the right to publicly identify Publisher as a user of the ShareThis Publisher Applications.
3) You also agree to provide appropriate notice to Your Visitors of cookies, including third party Cookies, tracking, interest-based advertising as described below in section VI.7. Such data may be used to provide tailored advertising to Your Visitors. We will give Visitors of Your Publisher Site the ability to opt out certain uses of the Usage Data at any time by going to https://www.sharethis.com/privacy/ as well as the opt-out pages for the self-regulatory groups for which ShareThis is a participant.
4) Data Ownership. In consideration of Your access and use of the ShareThis Publisher Applications, You agree that We will retain ownership of all data and information collected or obtained by Us from Visitors through our networks of the ShareThis Publisher Applications and We provide any data to You as part of the Services. You own all data that You collect directly from the Visitors of Your Publisher Site.
VI. Data Collection, Rights and Publisher Privacy Notices.
1) In consideration for Your access to and use of the ShareThis Publisher Applications, You agree that We may set cookies, pixel tags, web beacons and/or other similar tracking technologies (collectively, “Cookies”) on Your Publisher Site where the ShareThis Publisher Applications are enabled, and allow our partners to set Cookies. When a Visitor accesses Your Publisher Site, we collect Usage Data via Cookies placed by ShareThis. For those Publishers based in a place with a comprehensive law, You may need a legal basis to collect and process personal data and You may need a consent for the placement of Cookies on Your Publisher Sites.
The ShareThis Publisher Applications also incorporate Cookies from our third-party partners to enable the synchronization of internal unique identifiers between Us and our third-party partners to facilitate online behavioral advertising (also called interest-based advertising). When a Visitor accesses a Publisher Site on which the ShareThis Publisher Applications are enabled, We deploy a Cookie to record information about how the Visitor uses the Publisher Site, such as the web search that landed the Visitor on a particular page or categories of the Visitor’s interests. We have the right to use Usage Data to target advertising and for other purposes as outlined in the privacy notice toward the Visitor and/or authorize others to do the same.
2) We use the following types of Cookies:
a. Analytics Cookies: Placed on the Visitor’s browser it helps Us provide insights to You on Visitor activities on Your Publisher Site, including how frequently a Visitor’s device has visited or how the Visitor’s device has interacted with Publisher Site.
b. Market Research Cookies: We can place on Visitor’s browser, or enable one of Our partners to place this Cookie. These Cookies count how frequently a Visitor has accessed Publisher Site and enable the evaluation of the success of particular marketing programs by collecting aggregate data across multiple websites.
c. Targeted Advertising Cookies: Placed on Visitor’s device, it helps Us deliver or enable the delivery of advertising that is customized to the Visitor’s interests and to keep track of how many ads the Visitors have seen. For more information, please see Our Privacy Notice.
3) We use Usage Data to create commercially viable data products and services that We license to Our trusted third-party partners (“ShareThis Data Products”). Such ShareThis Data Products include, but are not limited to, aggregate demographic and behavioral data segments that group Visitors with common or shared interests into segments that We or Our partners have inferred (e.g., in-market travel) based on some or all of the Usage Data (“Segments”) such as demographic, interest, and geographic location derived from a Visitor’s IP address. We license portions of the Usage Data to Our trusted partners for their use in creating Segments for online ad targeting and delivery and for other uses such as detection, prevention, and addressing fraud, security or technical issues as more fully described in Our privacy notice which can be found at sharethis.com/privacy.
4) Privacy Rules. “Rules” means all applicable data protection, electronic communications and privacy laws, rules, regulations, regulatory guidelines, as well as any applicable self-regulatory guidelines, including without limitation each of the Self-Regulatory Principles of the Digital Advertising Alliance (“DAA”), the Codes of Conduct of the Network Advertising Initiative (“NAI”), and the Principles of the European Interactive Digital Alliance (“EDAA”), and the General Data Protection Regulation (“GDPR”) as each set of principles may be amended from time to time.
5) ShareThis Compliance with Rules. ShareThis will comply with all Rules that apply in its provision of the ShareThis Publisher Applications to You. We will post and maintain a privacy notice that discloses Our practices with respect to the handling of Usage Data. The privacy notice is available at sharethis.com/privacy(or such other location designated by ShareThis) and is subject to change at ShareThis’ discretion (“ShareThis Privacy Notice”). In the event of any change in the Rules or in the legal or self-regulatory environment in any applicable jurisdiction, ShareThis may, in its discretion, restrict Your use of or access to Our Services and/or the ShareThis Publisher Applications in such jurisdiction, without liability to You or any third party.
7) Notice and Opt-Out Requirement for Publisher Site. The privacy notice on Your Publisher Site must be an accurate representation of your privacy practices and must enable Visitors to opt out of the collection and use of their data by You and: (i) for U.S. properties, include a link to the DAA opt-out program (currently available at aboutads.info) or the NAI opt out program (currently available at optout.networkadvertising.org); (ii) for EU/EEA properties, insert a link to the EDAA opt-out program (currently available at www.youronlinechoices.eu); or (iii) in any other global region, provide a link to the ShareThis Privacy Notice referenced above. If you collect email addresses which are passed to ShareThis in hashed form, you are responsible for disclosing such in the privacy notice on Your Publisher Site. Though You are ultimately bound by the contractual requirements herein, We’ve also provided a non-legalese communication on Your duties to Publisher Site Visitors below. We provide the following language solely as a courtesy and encourage You to review this language with legal counsel and/or persons with privacy expertise as You incorporate it into Your privacy notice:
“We may allow third-party companies, including ad networks, to serve advertisements, providing other advertising services and/or collect certain information when you visit our website. Third-party companies may use pseudonymized personal data (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visit to this website in order to provide advertisements about goods and services likely to be of interest to you. To learn more about Interest-Based Advertising or to opt-out of this type of advertising, you can visit AboutAds.info/choices or www.networkadvertising.org/choices/.
Some third-party companies may also use non-cookie technologies, such as statistical IDs. Please keep in mind that your web browser may not permit you to block the use of these non-cookie technologies, and those browser settings that block cookies may have no effect on such techniques. If the third-party company uses the non-cookie technologies for interest-based advertising, you can opt out at www.networkadvertising.org/choices. Please note the industry opt out only applies to use for interest-based advertising and may not apply to use for analytics or attribution.”
8) Adherence to Privacy Standards. You will not (i) use the ShareThis Publisher Applications or Services on child-directed websites or for the purposes of making decisions about a Visitor’s eligibility for employment, health care, credit or insurance, or for making decisions solely by automatic means where the decision has a significant effect on the Visitor, or in any way that does or can be used to discriminate against any person, or promote bigotry, racism or harm; (ii) provide to ShareThis any data that falls under any of the sensitive data definitions contained in the Rules, as they may be revised from time to time; You shall not collect nor process nor pass any personal sensitive data to ShareThis (as defined under the Rules and/or applicable law); or (iii) provide to ShareThis any data collected from websites directed to children under the age of 16 or from website Visitors whose age You know to be under the age of 16.
9) Transfers of Personal Data. Usage Data may be transferred on a global basis. To the extent that the provision of the ShareThis Publisher Applications involve any transfers of data (i) subject to data transfer restrictions or requirements under GDPR or any successor legislation; (ii) to countries, jurisdictions or recipients outside the EEA or Switzerland not recognized by the European Commission as ensuring an adequate level of protection pursuant to GDPR or any successor legislation; and (iii) not otherwise subject to an approved transfer mechanism that provides an adequate level of protection pursuant to GDPR or any successor legislation, such transfers between ShareThis and You are made subject to the terms of the EU Standard Contractual Clauses for controller to controller (“Clauses”), as entered into between ShareThis (acting in its own name and in the name and on behalf of its affiliates) and You (acting in Your own name and in the name and on behalf of Your affiliates). ShareThis and You agree that incorporation of the Clauses into this Terms shall act as a legally-binding execution of the Clauses.
VII. Reserved Rights and Restrictions
1) Reserved Rights. The content and software offered by or through the ShareThis Publisher Applications and Our Website are owned by Us, our suppliers and/or third parties who post or make available such materials. The ShareThis Applications and Our Website are protected by copyright and other intellectual property laws and treaties. We and our licensors reserve all rights not specifically granted to You.
2) Restrictions on ShareThis Publisher Applications and Our Website. In regards to the ShareThis Publisher Applications and/or Our Website, You shall not:
a. reverse engineer, decompile, or disassemble any aspect;
b. modify, adapt, or create derivative works;
c. reproduce, distribute, modify, create derivative works of, publicly display;
d. perform, republish, download, store or transmit any of the material;
g. copy the look and feel or give the impression that Publisher Site is a part or affiliated;
h. remove proprietary notices;
i. transfer these rights to any third party;
j. help anyone else to do any of the things prohibited in this paragraph.
3) Restrictions on Unlawful or Other Uses. You shall not use the ShareThis Publisher Applications and/or Our Website in connection with any content, materials, sites, activities, or products that:
a. violate or infringe the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
b. offer for sale any content or products that incorporate the ShareThis Publisher Applications or Our Website;
c. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, violent, inflammatory, hateful, indecent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of sexual acts;
d. victimizes, harasses, degrades, discriminates, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
e. impersonates any person, business or entity, including our employees and agents;
f. contains viruses, Trojan horses, works, time bombs or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
g. promotes any illegal activity, or advocates, promotes or assists any unlawful act or encouraging conduct that would constitute a criminal offense, or that gives rise to civil liability;
h. offers, promotes or encourages betting or wagering prohibited by law;
i. cause annoyance, inconvenience or needless anxiety or is likely to upset, embarrass, alarm or annoy any other person;
j. violates these Terms, guidelines, the anti-spam terms below, or any policy posted on these Terms;
k. interferes with the use of the ShareThis Publisher Applications or Our Website by others;
l. are contests, sweepstakes, or solicitations;
m. merely link to third party sites.
4) Restrictions on Analytical Data. You shall not:
a. combine Analytical Data with third party data that would result in Visitor identification, without Your Visitors’ opt-in consent; or
b. resell, distribute, transfer, license, or sublicense such Analytical Data with third party advertising networks or behavioral data networks without our express, written authorization.
5) You may not submit or cause to submit through the ShareThis Publisher Applications or Our Website 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 these Terms.
VIII. About our software
We may automatically update software on Your computer to improve the performance, features, 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.
IX. Copyright Infringement
ShareThis, Inc., take claims of copyright infringement seriously.
1) Copyright Notifications: We will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the ShareThis Publisher Applications or our websites and/or other services provided by ShareThis, Inc., (collectively “ShareThis Services”) infringe Your copyright, You may request removal of those materials (or access thereto) from ShareThis, Inc., by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
– Your physical or electronic signature.
– Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on ShareThis Services, a representative list of such works.
– Identification of the material You believe to be infringing in a sufficiently precise manner to allow us to locate that material.
– Adequate information by which we can contact You (including Your name, postal address, telephone number and, if available, e-mail address).
– A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
– A statement that the information in the written notice is accurate.
– A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
3000 El Camino Real, Building 4, Suite 200, Palo Alto, CA 94306
If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective. Please also be aware that if You knowingly materially misrepresent that material or activity on the ShareThis Services is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
2) Counter-Notification Procedures: If You believe that material You posted on the ShareThis Services was removed or access to it was disabled by mistake or misidentification, You may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
– Your physical or electronic signature.
– An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
– Adequate information by which we can contact You (including Your name, postal address, telephone number and, if available, e-mail address).
– A statement under penalty of perjury by You that You have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
– A statement that You will consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or if You reside outside the United States for any judicial district in which the ShareThis Services may be found) and that You will accept service from the person (or an agent of that person) who provided the ShareThis Services with the complaint at issue.
Completed Counter-Notices should be sent to:
3000 El Camino Real, 5 Palo Alto Square Suite 150, Palo Alto, CA 94306
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against You within ten business days of receiving the copy of Your Counter-Notice. Please be aware that if You knowingly materially misrepresent that material or activity on ShareThis Services was removed or disabled by mistake or misidentification, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
3) Repeat Infringers: It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
1) ShareThis, Inc., is the owner of the SHARETHIS name and mark and the ShareThis share icon (Collectively, the “ShareThis Marks”). In order to facilitate the standardization of multiple source and destination sharing, ShareThis, Inc., offers the ShareThis Marks for use in accordance with our Share Icon Guidelines (“Guidelines”), which can be found at https://www.sharethis.com/usage/. All use of the ShareThis Marks must be made in accordance with the Guidelines. ShareThis maintains a quality control program regarding use of the ShareThis Marks and retains all right, title, and interest in and to its trademarks, related goodwill, and other intellectual property. As noted, the complete Share Icon Guidelines can be found at https://www.sharethis.com/usage/. By using the ShareThis Publisher Applications and Services, You agree to abide by these Guidelines.
2) The ShareThis Marks 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 Publisher 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 ShareThis Marks for the purpose of promoting or advertising that You use the ShareThis Publisher Applications, provided that Publisher Site do/does not in our reasonable opinion (i) infringe, dilute or disparage our trademarks, (ii) violate any applicable law, or (iii) infringe any third-party rights. You hereby grant to Us a nontransferable, non-exclusive license during the period You use the ShareThis Publisher Applications to use Your trademarks and logos to advertise that You are using the ShareThis Publisher 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 or related goodwill. Nothing in these Terms creates a partnership or relationship between the parties beyond the explicit terms for use of the ShareThis Publisher Applications.
XI. Export Laws
You may not access, download, use or export the ShareThis Publisher Applications in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of ShareThis, Inc. in violation of any such restrictions, laws or regulations, including, without limitation, laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology. As applicable, You shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to Your own use of the ShareThis Publisher Applications outside the U.S. Neither the ShareThis Publisher Applications nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms, You agree to the foregoing and represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
XII. Sharing Content
1) We will not claim ownership in any Content or materials that You post or submit on Your Publisher Site. You agree to allow others to view and share Your Content using the ShareThis Publisher Applications and acknowledge by downloading code from Us that the code will enable You to mark or tag Content on Your Publisher Site to allow Your Visitors to seamlessly promote, create links, share digital content/materials, and copy and paste Content from Your Publisher 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 Publisher Applications are designed to maximize Sharing, to drive traffic back to Publisher Site, and to provide You with best-in-class Services and a complete understanding of end users Sharing and Web usage patterns.
2) We welcome feedback, suggestions, and comments from Publishers and other interested parties(“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.
1) The ShareThis Publisher Applications do not include advertising; however, the offering of free ShareThis Publisher Applications is supported by advertising revenue. Unless otherwise provided by agreement, ShareThis owns and retains all right, title, and interest in and to the advertising and promotional spaces within the ShareThis Publisher Applications and network and has the right to sell all advertising within such spaces and to retain all revenues related to such advertising.
2) Premium services in which advertising and advertising network and behavioral data services are provided by Us to You may be subject to additional terms.
XIV. No Spam
The ShareThis Publisher Applications or Our Website may not be used directly or indirectly to transmit spam or other forms of unsolicited bulk communications. You may not harvest information about Our end users for the purpose of sending, or to facilitate the sending, unsolicited bulk communications. You may not induce or allow others to use the ShareThis Publisher Applications or Our Website to violate the terms of this section. We have the right to terminate Your access or use of the ShareThis Publisher Applications or Our Website immediately and take any other legal action if You, or anyone using Your access to the ShareThis Publisher Applications or Our Website, 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.
XV. Representations and Warranty
1) Each party represents and warrants to the other party that (i) such party has the full corporate right, power and authority to enter into these Terms and to perform the acts required under these Terms, (ii) the execution and performance of these Terms 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, these Terms will constitute the legal, valid, and binding obligation of such party, and (iv) each party’s performance of its obligations under these Terms will not violate the intellectual property rights of any third party
2) 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 Publisher Applications on Publisher Site and (b) each person depicted in any image on Publisher Site, if any, has provided consent to the use of the image on Publisher Site.
3) We are not liable for content or materials that are provided by third parties, including our advertisers. We are not responsible for content on the Internet. We have no duty to pre-screen content. The information presented on or through the ShareThis Publisher Applications or Our Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other Visitor to the ShareThis Publisher Applications or our Our Website, or by anyone who may be informed of any of its contents. We reserve the right to remove content from ShareThis for any reason, but We are not responsible for any failure or delay in removing such material.
XVI. DISCLAIMER OF WARRANTIES
1) You understand that We cannot and do not guarantee or warrant that files available for downloading from the Internet, the ShareThis Publisher Applications or Our Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
2) YOUR USE OF OUR WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SHARETHIS PUBLISHER APPLICATIONS OR OUR WEBSITES IS AT YOUR OWN RISK. THE SHARETHIS PUBLISHER APPLICATIONS, OUR WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SHARETHIS PUBLISHER APPLICATIONS OR OUR WEBSITES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SHARETHIS, INC., NOR ANY PERSON ASSOCIATED WITH SHARETHIS, INC., MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SHARETHIS PUBLISHER APPLICATIONS OR OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER SHARETHIS, INC., NOR ANYONE ASSOCIATED WITH SHARETHIS, INC., REPRESENTS OR WARRANTS THAT THE SHARETHIS PUBLISHER APPLICATIONS OR OUR WEBSITE, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SHARETHIS PUBLISHER APPLICATIONS OR OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SHARETHIS PUBLISHER APPLICATIONS OR OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
3) SHARETHIS, INC., HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
4) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XVII. LIABILITY LIMITATION
1) LIABILITY LIMITATION
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF THE SHARETHIS PUBLISHER APPLICATIONS AND/OR OUR WEBSITE IS TO DISCONTINUE YOUR USE OF THE SERVICE. IN NO EVENT WILL SHARETHIS, INC., ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE IN LAW OR EQUITY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SHARETHIS PUBLISHER APPLICATIONS OR OUR WEBSITE, ANY WEBSITE LINKED TO THEM, ANY CONTENT ON THE SHARETHIS PUBLISHER APPLICATIONS OR WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SHARETHIS PUBLISHER APPLICATIONS OR OUR WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
2) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You acknowledge that Your breach of these Terms 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.
XX. General Terms
These Terms makes up the entire agreement between You and Us regarding Your use of the ShareThis Publisher Applications and/or Our Website. We may assign these Terms at any time, with or without notice to You. You may not assign these Terms, or any part of it, to any other party, without our prior written authorization. You agree that the laws of California 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 state or federal court located in Santa Clara County, State of California, 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, such term or condition will be enforced to the greatest extent allowable and the remainder of these terms will continue in full force and effect. We have the right to make changes to these Terms from time to time. When We make changes, We will post an updated version of these Terms at https://www.sharethis.com/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 Publisher Applications after We post or provide notice of the changes to these Terms, You affirm Your acceptance to the Terms as modified. Therefore, You should review these terms regularly to learn about any changes.
XXI. Additional Information and Terms
You may also reference ShareThis, Inc., other terms and information, including:
Our Privacy Notice found at: https://www.sharethis.com/privacy/
Privacy Compliance Tools Addendum
“Use” means engaging in any of the following activities: accessing, viewing, engaging with, browsing, crawling or scraping the Compliance Tools or its content.
“Input” means any text, materials, data, information content or any other form of input or communication provided by you to ShareThis or to Our Website in connection with or through the Compliance Tools.
“Output” means any and all privacy policies, information, forms, materials, tools and/or documents generated as a result of the use of the Compliance Tools (excluding Your trademarks, trade names, service marks and/or logos).
- Compliance Tools Availability and Restrictions on Access. We reserve the right to make updates, revisions, and modifications to the Compliance Tools at any time, for any reason, at our discretion. The Compliance Tools may be discontinued at any time without notice, accountability, or liability. We reserve the right to use any means reasonably necessary to prevent unauthorized access to the Compliance Tools. We reserve the right to suspend or revoke (temporarily or permanently) your Use of the Compliance Tools at any time and for any reason, without notice or liability. You may discontinue your Use of the Compliance Tools at any time.
- Ownership. The Compliance Tools and the Output are our property and/or the property of our affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. You must abide by all applicable laws and regulations, and the terms of this Addendum and the Terms, in relation to your Use of the Compliance Tools and the Output. We reserve all rights not expressly granted in and to the Compliance Tools and the Output.
- Use of the Compliance Tools and Restrictions on Use. You are granted a limited, non-exclusive, royalty-free, revocable to: (i) access and Use the Compliance Tools in order to generate Output; and (ii) use, modify and publish the Output on website(s) that you own or operate, in each case solely for your lawful business use of compliance with privacy laws relating to your website and not for any other commercial purposes. This is the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of the restrictions contained in this Addendum or the Terms. This license may also be terminated by us at any time in accordance with the Terms. Upon the termination of this license, you must cease use of the Compliance Tools and must discontinue use and publication of any Output. You agree to comply with the terms and conditions of this Addendum, the Terms, and all applicable local, national, and international laws and regulations. You agree that you will NOT participate or engage in, nor encourage or aid others to participate or engage in, directly or indirectly, any of the following activities:
• Modify, reproduce or copy the Compliance Tools; attempt to decompile, disassemble, distribute, translate, adapt or reverse engineer any software, content or elements contained in the Compliance Tools or create any derivative works therefrom; remove any copyright or other proprietary notations from the Compliance Tools; transfer the Compliance Tools’ content to another person or “mirror” the Compliance Tools on any other server.
• Impersonate any person or organization, or provide false information.
• Use the Compliance Tools for any purpose that interferes with security or causes harm to the Compliance Tools or their content.
• Transmit destructive items such as viruses, worms, Trojan horses, or any devices, software or routine designed to interfere with the proper working order of the Compliance Tools or perform data mining of the Compliance Tools.
• Attempt to access, index, or retrieve content from the Compliance Tools through the use of any automated device, robot, spider, or site search/retrieval application.
• Attempt to gain unlicensed admission to the Compliance Tools or any of its computer systems or networks connected thereto by means of hacking, password mining, or any other illegal or unethical means.
• Reformat or frame any part of the Compliance Tools.
• Impose a load that is unreasonable or too large on the Compliance Tools’ infrastructure, or make unnecessary traffic demands.
• Perform comparisons or benchmarking” activities, either alone or in connection with any information or software.
ShareThis is Not a Law Firm and Does Not Offer Legal Advice. You understand that ShareThis is not a law firm and is not providing legal advice. We offer the means to perform basic functions through use of the Compliance Tools; however, you acknowledge that we are not attorneys or paralegals, nor do we offer legal advice.
Output is Informational Only; Users Are Encouraged to Seek Legal Advice. You acknowledge that the Output is for informational purposes only and does not constitute legal advice, and that you should seek legal advice specific to your particular situation and the jurisdiction(s) that may be relevant to you.
No Warranty. All Output is provided without any warranty, express or implied. The Output should be modified to meet your own individual needs and the laws of your state and any other states and/or jurisdictions whose laws or regulations apply to you or your business. Your use of any Output is solely at your own risk.
You Are Solely Responsible for Compliance. You acknowledge that it is solely your responsibility to ensure that you can and will comply with any and all privacy policies, claims, disclosures, statements, notices and opt-outs (including without limitation those set forth in the Output) that you make available to the end users of your products, services and/or websites.
No Attorney-Client Relationship. ShareThis and any of its employees, contractors and/or attorneys who participated in providing the Compliance Tools and any other related content available on the ShareThis Sites expressly disclaim any warranty: they are not creating or entering into any attorney-client relationship by providing or making available any Output to you or by participating in the development of such Output.
No Warranties; Exclusion of Liability.
THE COMPLIANCE TOOLS AND ALL OUTPUT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SHARETHIS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SHARETHIS SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE COMPLIANCE TOOLS OR THE OUTPUT, NOR FOR YOUR ACTIONS OR INACTIONS IN CONNECTION THEREWITH. YOUR USE OF THE COMPLIANCE TOOLS AND/OR THE OUTPUT ARE AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, SHARETHIS DOES NOT REPRESENT OR WARRANT THAT THE COMPLIANCE TOOLS OR THE OUTPUT ARE ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR ERROR, AND SHARETHIS MAKES NO REPRESENTATION THAT ANY COMPLIANCE TOOLS OR OUTPUT ARE APPLICABLE OR APPROPRIATE FOR USE IN ANY OR ALL JURISDICTIONS.
YOU AGREE THAT, AT ALL TIMES, YOU WILL LOOK SOLELY TO ATTORNEYS TO WHOM YOU PROVIDE PAYMENT FOR SERVICES, TO OBTAIN LEGAL ADVICE SPECIFIC TO YOUR PARTICULAR SITUATION, AND FOR ANY CLAIMS OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATED TO LOSS, DAMAGE, OR WARRANTY.
IN NO EVENT SHALL SHARETHIS OR ITS MANAGERS, MEMBERS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, SUPPLIERS, REPRESENTATIVES, AGENTS, ADVISORS AND OTHER AFFILIATED PARTIES (COLLECTIVELY, “AFFILIATED PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR ACCESS TO OR USE OF THE COMPLIANCE TOOLS OR THE OUTPUT, ANY DELAY OR INABILITY TO USE SAME, OR OTHERWISE ARISING IN CONNECTION WITH THE COMPLIANCE TOOLS OR THE OUTPUT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SHARETHIS WAS OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
OUR MAXIMUM TOTAL LIABILITY (AND THAT OF OUR AFFILIATED PARTIES) FOR ANY AND ALL CLAIM RELATED TO THIS ADDENDUM, THE COMPLIANCE TOOLS OR THE OUTPUT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR USE OF THE COMPLIANCE TOOLS DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CLAIM AROSE.
THE ABOVE ALLOCATION OF RISK IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS ADDENDUM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnity. You will indemnify, defend and hold us and our employees, officers, directors, members, subsidiaries, affiliates, licensors, advisors, suppliers and agents, and the officers, employees, agents and representatives of each of them, harmless from and against any and all costs, liabilities, obligations, damages, losses, debts and expenses (including reasonable legal fees and costs) arising from or related to: (i) your Use of the Compliance Tools and/or the Output, and (ii) your violation of any of the terms and conditions in this Addendum. You may not settle any claim without our prior written consent.