ShareThis Publisher Terms of Use

DATED 2021-06-07 · VERSION 20210621_rev01 · COMPARED WITH 20210422_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20210422_rev01 to 20210621_rev01

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

 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.
 WE URGE YOU TO READ THOSE REVISED TERMS OF USE AS SOON AS POSSIBLE. FOR THOSE OF YOU WHO ARE EITHER BASED IN A PLACE WITH A COMPREHENSIVE DATA PROTECTION LAW (E.G. THE EEA, BRAZIL, THAILAND) AND/OR RECEIVE WEB TRAFFIC FROM ONE OF THOSE PLACES, THESE UPDATED TERMS OF USE TAKE INTO ACCOUNT SUCH REGULATORY FRAMEWORKS AND EXPLAIN SHARETHIS' POSITION, LEGAL BASIS FOR PROCESSING AND GENERAL APPROACH TO THE COMPLIANCE.
 You may not sign-up or use the ShareThis Publisher Applications or Services (described below) if You do not agree.
+Updated April 20, 2021
+Updated June 7, 2021
 - * *
 **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:
 **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**
+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/](https://www.sharethis.com/copyright/).
+ShareThis, Inc., take claims of copyright infringement seriously.
+) 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:
+Alan Chapell
+El Camino Real, 5 Palo Alto Square Suite 150, Palo Alto, CA 94306
+[privacy@sharethis.com](mailto:privacy@sharethis.com)
+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.
+) 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:
+Alan Chapell
+El Camino Real, 5 Palo Alto Square Suite 150, Palo Alto, CA 94306
+[privacy@sharethis.com](mailto:privacy@sharethis.com)
+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.
+) Repeat Infringers: It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
 **X. Trademarks**
 ) 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.
 ) 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.