ShareThis Publisher Terms of Use

DATED 2019-10-24 · VERSION 20191105_rev01 · COMPARED WITH 20191011_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20191011_rev01 to 20191105_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

1Welcome to ShareThis! We offer to You the ShareThis Publisher applications, products, tools and services related to social sharing on your website, provided that you agree to the following terms. Please review them carefully.
1Welcome to ShareThis! We offer to You the ShareThis Publisher applications, products, tools and services related to social sharing on Your website, provided that You agree to the following terms. Please review them carefully.
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33YOUR 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.
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5WE URGE YOU TO READ THOSE REVISED TERMS OF USE AS SOON AS POSSIBLE. FOR THOSE OF YOU WHO ARE EITHER BASED IN THE EUROPE UNION/EUROPEAN ECONOMIC AREA OR DEAL WITH EUROPEAN TRAFFIC, THESE UPDATED TERMS OF USE TAKE INTO ACCOUNT THE NEW REGULATORY FRAMEWORK IN EUROPE (GENERAL DATA PROTECTION REGULATION "GDPR") IMPLEMENTED IN THE EU/EEA ON MAY 25TH2018) AND EXPLAIN SHARETHIS' POSITION, LEGAL BASES AND APPROACH TO THE NEW REGULATION.
5WE URGE YOU TO READ THOSE REVISED TERMS OF USE AS SOON AS POSSIBLE. FOR THOSE OF YOU WHO ARE EITHER BASED IN THE EUROPE UNION/EUROPEAN ECONOMIC AREA AND/OR RECEIVE EUROPEAN WEB TRAFFIC, THESE UPDATED TERMS OF USE TAKE INTO ACCOUNT THE REGULATORY FRAMEWORK IN EUROPE (GENERAL DATA PROTECTION REGULATION "GDPR") IMPLEMENTED IN THE EU/EEA ON MAY 25TH2018) AND EXPLAIN SHARETHIS' POSITION, LEGAL BASIS FOR PROCESSING AND GENERAL APPROACH TO THE GDPR.
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7You may not sign-up or use the ShareThis Publisher Applications or Services (described below) if you do not agree.
7You may not sign-up or use the ShareThis Publisher Applications or Services (described below) if You do not agree.
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9Updated May 22, 2018
9Updated October 24, 2019
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13**1\. About ShareThis Publisher Applications**
13**I. About ShareThis Publisher Applications**
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15A Publisher ("You" or "Publisher") is the owner or operator of a website ("Publisher Site") and desires to use ShareThis Publisher Applications as described below on such website. ShareThis, Inc. and its affiliates ("We", "Us," or "ShareThis") offers to Publishers: code, applications, graphics (including icons), tools, analytics, widgets, plug-ins and proprietary methods and systems that include, without limitation:
15A 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:
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1717a. 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");
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19b. Analytical tools and data to help publishers analyze how and what content is being shared by users, which can help identify audience influencers and other value drivers ("Analytical Tools") (collectively, ShareThis Icon, Analytical Tools and other tools We provide for publishers are the "ShareThis Publisher Applications");
19b. 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");
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21c. Content, functionality, and services offered on or through ShareThis.com for publishers ("Our Website").
21c. Content, functionality, and services offered on or through ShareThis.com for Publishers ("Our Website").
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23We 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, data analytical services, and fee-based services ("Services") may be subject to additional terms as agreed to by You and Us.
23We 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.
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25**2\. About these Terms**
25**II. About these Terms**
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27These 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.
27These 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.
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29**3\. Registration and Obtaining the ShareThis Publisher Applications**
29**III. Registration and Obtaining the ShareThis Publisher Applications**
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31You 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/](https://platform.sharethis.com/) or from one of ShareThis authorized distributors (e.g., [https://wordpress.org/plugins/sharethis-share-buttons/](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.
31You 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/](https://platform.sharethis.com/) or from one of ShareThis authorized distributors (e.g., [https://wordpress.org/plugins/sharethis-share-buttons/](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.
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33**4\. Eligibility**
33**IV. Eligibility**
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351) 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), 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.
351) 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.
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372) You may use the ShareThis Publisher Applications only with a web site You directly own or lease, 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.
372) 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.
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39**5\. License for Usage Data and Cookies, Pixel Tags, Web Beacons and/or Other Similar Technologies, and Data Ownership**
39**V. License for Usage Data and Cookies, Pixel Tags, Web Beacons and/or Other Similar Technologies, and Data Ownership**
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41**1) General**. By downloading ShareThis Publisher Applications from Our Website and accessing or using on Your Publisher Site, You agree that ShareThis has the right to collect and use data related to visitors' accessing Your Publisher Site ("Visitors"), including without limitation, data regarding the browsing and sharing of content from Publisher Site on a pseudonymised personal data basis ("Usage Data"). You agree that We may deploy a cookie, pixel tag, web beacons and/or other similar tracking technologies when Visitors to a page on Your Publisher Site containing ShareThis Applications (e.g., sharing icon or widget) in order for Us to collect information on categories of Content shared by such Visitors and categories of Visitors' interests ("ShareThis Cookies").
41**1) General**. By downloading ShareThis Publisher Applications from Our Website and accessing or using on Your Publisher Site, You agree that ShareThis has the right to collect and use data related to visitors' accessing Your Publisher Site ("Visitors"), including without limitation, data regarding the browsing and sharing of content from Publisher Site on a pseudonymised personal data basis ("Usage Data"). You agree that We may deploy a cookie, pixel tag, web beacons and/or other similar tracking technologies ("Cookies") when Visitors to a page on Your Publisher Site containing ShareThis Applications (e.g., sharing icon or widget) in order for Us to collect information on categories of Content shared by such Visitors and categories of Visitors' interests. The Usage Data our Analytical Tools collect on Your Publisher Site is pseudonymized personal data such as IP address, cookie and mobile advertising ID and information about how Your Visitors view Your Publisher Site, other websites and how Visitors use the ShareThis Analytical Tools. We know how a particular browser or device interacts with websites; we do not know the person behind the browser
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43**For publishers with European traffic**: BY ENTERING AND ACCEPTING THOSE REVISED TERMS OF USE, SHARETHIS WILL EXPECT THAT YOU WILL ONLY COLLECT, PROCESS, AND TRANSFER EU/EEA USER PERSONAL DATA TO SHARETHIS ONCE YOU HAVE SOLICITED AND OBTAINED CONSENT FROM EACH INDIVIDUAL USER. ShareThis will collect consented personal data (ie personal data such as cookies, IP addresses, device IDs etc. collected and processed by its publisher partners under consent) from its publishers and will process that data to its downstream partners based on consent. In order to be in a position to solicit consent from your users, you must implement a consent mechanism (also called CMP) of your choice. To learn about ShareThis's CMP, visit this page: [ShareThis GDPR Compliance Tool](https://www.sharethis.com/gdpr-compliance-tool/). For GDPR-specific questions, reach out to the ShareThis DPO, Vincent Potier, at [support@sharethis.com](mailto:support@sharethis.com).
43**For Publishers with European traffic**: BY ENTERING AND ACCEPTING THESE REVISED TERMS OF USE, SHARETHIS WILL EXPECT THAT YOU WILL ONLY COLLECT, PROCESS, AND TRANSFER EU/EEA VISITOR PERSONAL DATA TO SHARETHIS ONCE YOU HAVE SOLICITED AND OBTAINED CONSENT FROM EACH INDIVIDUAL VISITOR. In order to be in a position to obtain consent from Your visitors, You must implement a consent mechanism using a consent management platform (also called CMP). SHARETHIS RESERVES THE RIGHT (BUT IS UNDER NO OBLIGATION TO) TAKE REASONABLE STEPS TO HELP ENSURE YOUR COMPLIANCE WITH APPLICABLE LAW INCLUDING DETECTING WHETHER A CMP IS IMPLEMENTED ON A PUBLISHER SITE THAT IS DIRECTED TO VISITORS LOCATED IN THE EU/EEA AND/OR IMPLEMENTING A CMP AS APPROPRIATE IN THE SOLE JUDGEMENT OF SHARETHIS. To learn about ShareThis's CMP, visit this page: [ShareThis GDPR Compliance Tool](https://www.sharethis.com/gdpr-compliance-tool/). For GDPR-specific questions, reach out to the ShareThis DPO, Vincent Potier, at [support@sharethis.com](mailto:support@sharethis.com).
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4545**2) License.** You grant to Us a non-exclusive, perpetual, royalty-free, worldwide, fully sub-licensable, and irrevocable right and license to:
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47a. Collect, use, create derivative works from, and disclose data derived from the Usage Data and ShareThis Cookies in accordance with our Privacy Notice located at [https://www.sharethis.com/privacy/](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.
47a. 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/](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.
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4949b. 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.
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513) You also agree to provide appropriate notice of third party cookies, as described in the Privacy section below. Such data may be used to provide advertising of interest to such Visitors. You understand and agree that We will give Visitors of Your Publisher Site the ability to opt out of the ShareThis Cookies at any time by going to [https://www.sharethis.com/privacy/](https://www.sharethis.com/privacy/).
513) You also agree to provide appropriate notice to Your Visitors of 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/](https://www.sharethis.com/privacy/) as well as the opt-out pages for the self-regulatory groups for which ShareThis is a participant.
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53**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 a service. You own all data that You collect directly from the Visitors of Your Publisher Site.
53**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.
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55**6\. Data Collection, Rights and Publisher Privacy Notices.**
55**VI. Data Collection, Rights and Publisher Privacy Notices.**
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571) 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 ShareThis Cookies. For those publishers either based in the EU/EEA or publishers with EU/EEA traffic, you need a legal base to collect and process personal data such as cookies, IP addresses, device IDs etc, ShareThis assumes this legal base will be consent and offers you the tools to be in a position to solicit consent from your EU/EEA users by implementing a consent mechanism of your choice BEFORE MAY 25TH, 2018.
571) 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 the EU/EEA and/or Publishers with EU/EEA traffic, You need a legal basis to collect and process personal data and You need a consent for the placement of Cookies on Your Publisher Sites.
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5959The 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.
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61612) We use the following types of Cookies:
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6363a. _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.
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6565b. _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.
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6767c. _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.
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693) 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. The following section is for those non EU/EEA users only: We and Our trusted partners' use of the ShareThis Data Products, including policies regarding health and financial information, are more fully described in Our privacy notice which can be found at [sharethis.com/privacy](http://www.sharethis.com/privacy/). In addition, We may synchronize anonymous or pseudonymous identifiers (e.g., Cookies) collected above with those of third parties (including cross-device identifiers). We do not retain or provide personally identifiable information ("PII") that directly identifies an individual for use in any Segment or other ShareThis Data Products.
693) 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](http://www.sharethis.com/privacy/).
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71714) 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](http://www.aboutads.info/principles) ("DAA"), the [Codes of Conduct of the Network Advertising Initiative](https://www.networkadvertising.org/code-enforcement/code) ("NAI"), and the [Principles of the European Interactive Digital Alliance](http://www.edaa.eu/european-principles/) ("EDAA"), and the General Data Protection Regulation ("GDPR") as each set of principles may be amended from time to time.
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73735) 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](http://www.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.
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756) Your compliance with the Rules. You will comply with all Rules applicable to Your use of the ShareThis Publisher Applications or Services and its collection and 6) sharing of Usage Data with Us for the purposes specified herein. You will obtain all necessary authorizations and Visitor consents, and provide any notices required by the Rules for the provision of data to Us or use of the ShareThis Publisher Applications, including without limitation any required opt-in consents for permitted sensitive personal data or geo-location data. For information regarding applicable Vendors and Partners requesting consent visit [https://advertisingconsent.eu/vendor-list/](https://advertisingconsent.eu/vendor-list/). For those EU/EEA users, we expect publisher partners not collect nor process nor pass to ShareThis any personal sensitive data (defined under GDPR as any data revealing racial or ethnic origins, religious or philosophical beliefs, political, biometric, genetic information, or trade union membership). You shall have an easily accessible privacy notice which will be linked to conspicuously from the applicable home page and other relevant pages of the applicable Site and/or within the applicable applications. The privacy notice shall comply with the requirements of the Rules for notices to Visitors whose data is collected on Publisher Site and provided to ShareThis and third parties for use as contemplated herein. You shall also deploy appropriate privacy notices and/or consent mechanisms (if dealing with EU/EEA traffic or users) on Publisher Site in accordance with the Rules, such as banners or overlays, which alert the Visitor to the fact that Publisher Site uses cookies (including ShareThis cookies) and which make clear that the Visitor's continued use of the site will show his or her acceptance of such cookies. For publishers with EU/EEA users or traffic: it is essential you apply the principle of TRANSPARENCY to all your dealings with those users.
756) Your compliance with the Rules. You will comply with all Rules applicable to Your use of the ShareThis Publisher Applications or Services and its collection and sharing of Usage Data with Us for the purposes specified herein. You will obtain all necessary authorizations and Visitor consents, and provide any notices required by the Rules for the provision of data to Us or use of the ShareThis Publisher Applications. For information regarding applicable Vendors and Partners requesting consent visit [https://advertisingconsent.eu/vendor-list/](https://advertisingconsent.eu/vendor-list/). For those EU/EEA Visitors, we prohibit YOU from passing to ShareThis any personal sensitive data (defined under GDPR as any data revealing racial or ethnic origins, religious or philosophical beliefs, political, biometric, genetic information, or trade union membership). You shall have an easily accessible privacy notice which will be linked to conspicuously from the applicable home page and other relevant pages of the applicable Publisher Site and/or within the applicable applications. The privacy notice shall comply with the requirements of the Rules for notices to Visitors whose data is collected on Publisher Site and provided to ShareThis and third parties for use as contemplated herein. You shall also deploy appropriate privacy notices and/or consent mechanisms (if dealing with EU/EEA traffic or Visitors) on Publisher Site in accordance with the Rules, such as banners or overlays, which alert the Visitor to the fact that Publisher Site uses Cookies (including Cookies placed by ShareThis) and which make clear that the Visitor's continued use of the site will show his or her acceptance of such Cookies. For Publishers with EU/EEA Visitors or traffic: it is essential You apply the principle of TRANSPARENCY to all Your dealings with those Visitors.
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777) Opt-Out Requirement for Publisher Site. The privacy notice on Your Publisher Site 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](http://optout.aboutads.info/)) or the NAI opt out program (currently available at [optout.networkadvertising.org](http://optout.networkadvertising.org/)); (ii) for EU/EEA properties, insert a link to the EDAA opt-out program (currently available at [www.youronlinechoices.eu](http://www.youronlinechoices.eu/)); or (iii) in any other global region, provide a link to the ShareThis Privacy Notice referenced above. 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 in the Publisher Privacy Information.
777) Notice and Opt-Out Requirement for Publisher Site. The privacy notice on Your Publisher Site 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](http://optout.aboutads.info/)) or the NAI opt out program (currently available at [optout.networkadvertising.org](http://optout.networkadvertising.org/)); (ii) for EU/EEA properties, insert a link to the EDAA opt-out program (currently available at [www.youronlinechoices.eu](http://www.youronlinechoices.eu/)); or (iii) in any other global region, provide a link to the ShareThis Privacy Notice referenced above. 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:
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798) Adherence to Privacy Standards. You will not (i) use the ShareThis Publisher Applications or Services 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; for publishers with EU/EEA users, you shall not collect nor process nor pass any personal sensitive data to ShareThis (defined under GDPR); or (iii) provide to ShareThis any data collected from websites directed to children under the age of 16 or from website users whose age You know to be under the age of 16. ShareThis may at its sole discretion decline to receive Usage Data from Publisher Site.
79"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](http://optout.aboutads.info/) or [www.networkadvertising.org/choices/](http://optout.networkadvertising.org/).
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819) 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 Directive 95/46/EC 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 Directive 95/46/EC or any successor legislation; and (iii) not otherwise subject to an approved transfer mechanism that provides an adequate level of protection pursuant to Directive 95/46/EC 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.
81Some 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](http://optout.networkadvertising.org/). Please note the industry opt out only applies to use for interest-based advertising and may not apply to use for analytics or attribution."
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83**7\. Reserved Rights and Restrictions**
838) 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; for Publishers with EU/EEA Visitors, You shall not collect nor process nor pass any personal sensitive data to ShareThis (defined under GDPR); 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.
8484
859) 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 (e.g. Privacy Shield) 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.
86
87**VII. Reserved Rights and Restrictions**
88
85891) 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.
8690
87912) Restrictions on ShareThis Publisher Applications and Our Website. In regards to the ShareThis Publisher Applications and/or Our Website, You shall not:
8892
8993a. reverse engineer, decompile, or disassemble any aspect;
9094
133137l. are contests, sweepstakes, or solicitations;
134138
135139m. merely link to third party sites.
136140
1371414) Restrictions on Analytical Data. You shall not:
138142
139a. For non EU/EEA users: share any Analytical Data with third parties that discloses personally identifiable information ("PII");
143a. combine Analytical Data with third party data that would result in Visitor identification, without Your Visitors' opt-in consent; or
140144
141b. For non EU/EEA users: combine Analytical Data with other third party PII that would result in identification, without your Visitors' opt-in consent; or
145b. resell, distribute, transfer, license, or sublicense such Analytical Data with third party advertising networks or behavioral data networks without our express, written authorization.
142146
143c. resell, distribute, transfer, license, or sublicense such Analytical Data with third party advertising networks or behavioral data networks without our express, written authorization.
144
1451475) 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.
146148
147**8\. About our software**
149**VIII. About our software**
148150
149We 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.
151We 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.
150152
151**9\. Copyright Infringement**
153**IX. Copyright Infringement**
152154
153155These Terms of Use incorporate our Copyright Policy, including full adherence to the Digital Millennium Copyright Act (DMCA). Please view our Copyright Policy here [http://sharethis/copyright/](https://www.sharethis.com/copyright/).
154156
155**10\. Trademarks**
157**X. Trademarks**
156158
1571) 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.
1591) 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.
158160
1592) 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.
1612) 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.
160162
161**11\. Export Laws**
163**XI. Export Laws**
162164
163You 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.
165You 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.
164166
165**12\. Sharing Content**
167**XII. Sharing Content**
166168
1671) 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.
1691) 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.
168170
1692) 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.
1712) 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.
170172
171**13\. Advertisements**
173**XIII. Advertisements**
172174
1731751) 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.
174176
1751772) Premium services in which advertising and advertising network and behavioral data services are provided by Us to You may be subject to additional terms.
176178
177**14\. No Spam**
179**XIV. No Spam**
178180
179The 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 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.
181The 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.
180182
181**15\. Representations and Warranty**
183**XV. Representations and Warranty**
182184
1831851) 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
184186
1851872) 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.
186188
1873) 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.
1893) 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.
188190
189**16\. DISCLAIMER OF WARRANTIES**
191**XVI. DISCLAIMER OF WARRANTIES**
190192
1911931) 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.
192194
1931952) 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.
194196
1951973) 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.
196198
1971994) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
198200
199**17\. LIABILITY LIMITATION**
201**XVII. LIABILITY LIMITATION**
200202
2012031) LIABILITY LIMITATION
202204YOUR 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.
203205
2042062) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
205207
206**18\. Indemnification**
208**XVIII. Indemnification**
207209
208You agree to defend, indemnify, and hold harmless ShareThis, its owners, employees, representatives and agents from all liabilities, claims, and expenses including attorney's fees that arise from Your breach of these Terms. 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 Publisher Applications or Our Website. You agree to defend, indemnify, and hold harmless Us and our owners, subsidiaries, officers, directors, employees, representatives and agents from any claim that a User Contribution violates Your or a third-party's rights, including but not limited to, copyright rights, privacy or publicity rights, trademark rights, and patent rights.
210You agree to defend, indemnify, and hold harmless ShareThis, its owners, employees, representatives and agents from all liabilities, claims, and expenses including attorney's fees that arise from Your breach of these Terms. 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 Publisher Applications or Our Website. You agree to defend, indemnify, and hold harmless Us and our owners, subsidiaries, officers, directors, employees, representatives and agents from any claim that a User Contribution (as defined in our user terms of use) violates Your or a third-party's rights, including but not limited to, copyright rights, privacy or publicity rights, trademark rights, and patent rights.
209211
210**19\. Remedies**
212**XIX. Remedies**
211213
212You 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.
214You 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.
213215
214**20\. General Terms**
216**XX. General Terms**
215217
216These 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/](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.
218These 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/](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.
217219
21821\. You may also reference ShareThis, Inc., other terms and information, including:
220**XXI. Additional Information and Terms**
219221
220Publisher Information found at: [https://www.sharethis.com/publisher/](https://www.sharethis.com/publisher/)
222You may also reference ShareThis, Inc., other terms and information, including:
223
224Our Privacy Notice found at: [https://www.sharethis.com/privacy/](https://www.sharethis.com/privacy/)
221225User Terms of Use found at: [https://www.sharethis.com/terms/](https://www.sharethis.com/terms/)
222226Our Copyright Policy found at: [https://www.sharethis.com/copyright/](https://www.sharethis.com/copyright/)
223Our Privacy Notice found at: [https://www.sharethis.com/privacy/](https://www.sharethis.com/privacy/)
224227ShareThis Marks Guidelines found at: [https://www.sharethis.com/usage/](https://www.sharethis.com/usage/)