ShareThis Publisher Terms of Use
DATED 2016-08-22 · VERSION 20170601_rev01 · COMPARED WITH 20161107_rev01 · ARCHIVE SNAPSHOT
Full text changes — 20161107_rev01 to 20170601_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 23 | 23 | These Terms serve as a contract between You and Us and governs your use of ShareThis Applications and Websites. |
| 24 | 24 | |
| 25 | 25 | You agree to transact with Us electronically and to receive all terms and notices from Us by electronic means, either by email or by posting such notices online. You agree that these Terms may not be denied enforceability because they are in electronic form. |
| 26 | 26 | |
| 27 | 27 | **Changes** |
| 28 | 28 | |
| 29 | We make changes to these Terms from time to time. When We make changes, We will post an updated version of these Terms at [http://sharethis.com/publisher-terms-of-use/](https://sharethis.com/publisher-terms-of-use/). The changes take effect after We post or provide notice of the changes. You understand and agree that by continuing to use the ShareThis Applications and Websites after We post or provide notice of the changes to this Agreement, You affirm your acceptance to the Terms as modified. Therefore, You should review these terms regularly to learn about any changes. | |
| 29 | We 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/privacy/](https://www.sharethis.com/privacy/). The changes take effect after We post or provide notice of the changes. You understand and agree that by continuing to use the ShareThis Applications and Websites after We post or provide notice of the changes to this Agreement, You affirm your acceptance to the Terms as modified. Therefore, You should review these terms regularly to learn about any changes. | |
| 30 | 30 | |
| 31 | 31 | **Registration** |
| 32 | 32 | |
| 33 | 33 | You do not need to register with Us to visit our Websites. However, You must register with Us to use the ShareThis Applications. We will notify You of any significant feature changes or enhancements. If You register, You must complete the registration process and provide Us with information about You that is complete, accurate, and up to date. |
| 34 | 34 | |
| 35 | 35 | **Eligibility** |
| 98 | 98 | **Copyright Infringement** |
| 99 | 99 | |
| 100 | 100 | These 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-guidelines/. |
| 101 | 101 | |
| 102 | 102 | **Trademarks** |
| 103 | 103 | |
| 104 | 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 [http://sharethis.com/usage-guidelines/](https://sharethis.com/usage-guidelines/). All use of the ShareThis Marks must be made in accordance with these Guidelines. ShareThis, Inc., 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 (Guidelines) can be found at [http://sharethis.com/usage-guidelines/](https://sharethis.com/usage-guidelines/). By using the ShareThis Applications and Services, you agree to abide by these Guidelines. | |
| 104 | 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/](https://www.sharethis.com/usage/). All use of the ShareThis Marks must be made in accordance with these Guidelines. ShareThis, Inc., 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 (Guidelines) can be found at [https://www.sharethis.com/usage/](https://www.sharethis.com/usage/). By using the ShareThis Applications and Services, you agree to abide by these Guidelines. | |
| 105 | 105 | |
| 106 | 106 | 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 Applications or products or services offered by ShareThis, Inc. So long as You comply with the Guidelines and your obligations under this Agreement, You may also use the ShareThis Marks for the purpose of promoting or advertising that You use the ShareThis Applications, provided that your Site(s) do/does not in our reasonable opinion (1) infringe, dilute or disparage our trademarks, (2) violate any applicable law, or (3) infringe any third-party rights. You hereby grant to Us a nontransferable, non-exclusive license during the period You use the ShareThis Applications (Term) to use your trademarks and logos to advertise that You are using the ShareThis Applications. Nothing in these Terms grants, or will be deemed to grant, to one party any right, title, or interest in or to the other party's trademarks or related goodwill. Nothing in this Agreement creates a partnership or relationship between the parties beyond the explicit terms for use of the ShareThis Applications. |
| 107 | 107 | |
| 108 | 108 | **Export Laws** |
| 109 | 109 | |
| 110 | 110 | You may not access, download, use or export the ShareThis 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 Applications outside the U.S. Neither the ShareThis 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 of Use, 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. |
| 111 | 111 | |
| 112 | 112 | **Sharing Data and Widget Cookies, Pixel Tags and/or Web Beacons** |
| 113 | 113 | |
| 114 | In consideration of your access and use of the ShareThis Applications and Websites, You agree that We may collect data related to an end user's interaction with the ShareThis Applications, including without limitation, data regarding the sharing of content from Your Site(s) (**Content**) on a non-personally identifiable basis (**Sharing** or **Sharing Data**). You agree that We may deploy a cookie, pixel tag, and/or web beacons when an end user visits a page on any Site containing a ShareThis Application (e.g., **sharing icon** or **widget**) in order for Us to collect information on categories of Content shared by such users and categories of users interests (**Widget Cookies**). You grant Us a non-exclusive, perpetual, worldwide, and irrevocable right and license to collect, use, create derivative works from, and disclose data derived from the Sharing and Widget Cookies in accordance with our Privacy Notice located at [www.sharethis.com/privacy](http://www.sharethis.com/privacy) and to allow our third-party data partners to do the same. 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 users. You understand and agree that We will give end users of Your Site(s) the ability to opt out of the Widget Cookies at any time by going to [www.sharethis.com/privacy](http://www.sharethis.com/privacy). | |
| 114 | In consideration of your access and use of the ShareThis Applications and Websites, You agree that We may collect data related to an end user's interaction with the ShareThis Applications, including without limitation, data regarding the sharing of content from Your Site(s) (**Content**) on a non-personally identifiable basis (**Sharing** or **Sharing Data**). You agree that We may deploy a cookie, pixel tag, and/or web beacons when an end user visits a page on any Site containing a ShareThis Application (e.g., **sharing icon** or **widget**) in order for Us to collect information on categories of Content shared by such users and categories of users interests (**Widget Cookies**). You grant Us a non-exclusive, perpetual, worldwide, and irrevocable right and license to collect, use, create derivative works from, and disclose data derived from the Sharing and Widget 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. 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 users. You understand and agree that We will give end users of Your Site(s) the ability to opt out of the Widget Cookies at any time by going to [https://www.sharethis.com/privacy/](https://www.sharethis.com/privacy/). | |
| 115 | 115 | |
| 116 | 116 | **Data Ownership** |
| 117 | 117 | |
| 118 | 118 | In consideration of your access and use of the ShareThis Applications and Websites, you agree that We will retain custody and ownership of all data and information collected or obtained by Us from users through our networks of the ShareThis Applications and Websites and We provide any data to You as a service. You own all data that You collect directly from the users of your Sites. |
| 119 | 119 | |
| 120 | 120 | **Privacy** |
| 121 | 121 | |
| 122 | By using ShareThis Applications, You agree to our Privacy Notice located at [http://sharethis.com/privacy/](http://sharethis.com/privacy/). | |
| 122 | By using ShareThis Applications, You agree to our Privacy Notice located at [https://www.sharethis.com/privacy/](https://www.sharethis.com/privacy/). | |
| 123 | 123 | |
| 124 | When an end user visits Your Site, we collect data via cookies, pixel tags and/or web beacons (**Widget Cookies**). ShareThis Applications may 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). For more information on online behavioral advertising, see [http://www.networkadvertising.org/understanding-online-advertising](http://www.networkadvertising.org/understanding-online-advertising). We may use the data collected from the Widget Cookies to target advertising and for other purposes as outlined in Our [Privacy Notice](http://www.sharethis.com/privacy) toward the end user and/or authorize others to do the same. | |
| 124 | When an end user visits Your Site, we collect data via cookies, pixel tags and/or web beacons (**Widget Cookies**). ShareThis Applications may 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). For more information on online behavioral advertising, see [https://www.networkadvertising.org/understanding-online-advertising](https://www.networkadvertising.org/understanding-online-advertising). We may use the data collected from the Widget Cookies to target advertising and for other purposes as outlined in Our [Privacy Notice](https://www.sharethis.com/privacy/) toward the end user and/or authorize others to do the same. | |
| 125 | 125 | |
| 126 | 126 | We are a member of the Network Advertising Initiative (the NAI) and are committed to maintaining compliance with the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising. In support of those principles, You are required to maintain a privacy notice for your website audience, readily available on Your homepage, which (i) complies with all applicable laws and regulations; (ii) discloses that You collect and share user information with third parties for use in online advertising; (iii) discloses the type of information collected and shared by You; (iv) notifies consumers that You may allow third parties such as ShareThis, Inc., to monitor your Sites for the purpose of reporting Website traffic, statistics, advertisements, click-throughs and/or other activities, and such third parties may use cookies, Web beacons, and other monitoring technologies to compile and use aggregate statistics about your users; (v) obtains all rights and permissions necessary, if any, for ShareThis, Inc., and its affiliates to use such data; and (vi) provides consumers with an opportunity to opt out of receiving cookies from third party advertising networks through a link to the Network Advertising Initiatives cookie opt out page, which can be found at [http://www.networkadvertising.org/managing/opt\_out.asp](http://www.networkadvertising.org/managing/opt_out.asp). |
| 127 | 127 | |
| 128 | Though You are ultimately bound by the contractual statements above, We've also provided a non-legalese communication on Your duties to your Site end users in the [Publisher Privacy Information](http://sharethis.com/publisher/). | |
| 128 | Though You are ultimately bound by the contractual statements above, We've also provided a non-legalese communication on Your duties to your Site end users in the [Publisher Privacy Information](https://www.sharethis.com/publisher/). | |
| 129 | 129 | |
| 130 | 130 | **Sharing Content** |
| 131 | 131 | |
| 132 | 132 | We will not claim ownership in any Content or materials that You post or submit on your Sites. By offering the ShareThis Applications on your Site, You grant Us the sole worldwide right to deliver and/or provide Content through the ShareThis Applications, as well as a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to display, reproduce, distribute and perform (if applicable) Your Content through the ShareThis Applications, Websites, and network. You agree to allow others to view and share your Content using the ShareThis Applications and acknowledge by downloading code from Us that the code will enable You to mark or tag Content on your Site to allow your visitors to seamlessly promote, create links, share digital content/materials, and copy and paste Content from your Site, the Sharing of which can then be tracked by Us as a result of being tagged. When You tag content, You authorize Us to use, reproduce, distribute, publicly display, and publicly perform the Content to the extent necessary or desired for Us to provide the Services, including link creation whereby We deliver You customized script that You install on a Web page to facilitate the ability to track Content accordingly. The ShareThis Applications are designed to maximize Sharing, to drive traffic back to your Site, and to provide You with best-in-class Services and a complete understanding of end users Sharing and Web usage patterns. |
| 133 | 133 | |
| 134 | 134 | 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. |
| 178 | 178 | **General Terms** |
| 179 | 179 | |
| 180 | 180 | This Agreement makes up the entire agreement between You and Us regarding your use of the ShareThis Applications and/or Websites. We may assign this Agreement at any time, with or without notice to You. You may not assign this Agreement, or any part of it, to any other party, without our prior written authorization. You agree that the laws of 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. |
| 181 | 181 | |
| 182 | 182 | You may also reference ShareThis, Inc., other terms, including: |
| 183 | 183 | |
| 184 | - User Terms of Use found at: [http://sharethis/terms/](https://sharethis.com/terms/) | |
| 185 | - Our Copyright Policy found at: [http://sharethis/copyright-guidelines/](https://sharethis.com/copyright-guidelines/) | |
| 186 | - Our Privacy Notice found at: [http://sharethis.com/privacy/](https://sharethis.com/privacy/) | |
| 187 | - ShareThis Marks Guidelines found at: [http://sharethis.com/usage/](https://sharethis.com/usage/) | |
| 184 | - User Terms of Use found at: [https://sharethis/terms/](https://www.sharethis.com/terms/) | |
| 185 | - Our Copyright Policy found at: [https://www.sharethis.com/copyright/](https://www.sharethis.com/copyright/) | |
| 186 | - Our Privacy Notice found at: [https://www.sharethis.com/privacy/](https://www.sharethis.com/privacy/) | |
| 187 | - ShareThis Marks Guidelines found at: [https://www.sharethis.com/usage/](https://www.sharethis.com/usage/) |