ShareThis Publisher Terms of Use

DATED 2021-06-07 · VERSION 20220905_rev01 · COMPARED WITH 20220401_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20220401_rev01 to 20220905_rev01

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

+Welcome 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.
 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 June 7, 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:
 b. _Market Research Cookies_: We can place on Visitor's browser, or enable one of Our partners to place this Cookie. These Cookies count how frequently a Visitor has accessed Publisher Site and enable the evaluation of the success of particular marketing programs by collecting aggregate data across multiple websites.
 c. _Targeted Advertising Cookies_: Placed on Visitor's device, it helps Us deliver or enable the delivery of advertising that is customized to the Visitor's interests and to keep track of how many ads the Visitors have seen. For more information, please see Our Privacy Notice.
 ) 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](https://sharethis.com/privacy/).
+"Google Analytics By ShareThis WordPress" plug-in on Your Publisher Site, ShareThis uses a Google Analytics feature currently known as Google Analytics Demographics, in order to better understand the audience demographics of your Publisher Site, and to provide insights about those demographics to You. Where Google Analytics Demographics is enabled, certain Usage Data and Profile Information as described in the ShareThis Privacy Policy will be shared with Google so that we may provide demographic reporting features to You. To learn more about Google Analytics' privacy practices, please click [here](https://support.google.com/analytics/answer/6004245). To opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on, please click [here](https://tools.google.com/dlpage/gaoptout), or you may also visit the [NAI consumer choice page](https://optout.networkadvertising.org/). You are responsible for accurately describing Google Analytics features and functionality to Your Visitors.
+Where you have agreed to utilize the "Google Analytics By ShareThis WordPress" plug-in on Your Publisher Site, ShareThis uses a Google Analytics feature currently known as Google Analytics Demographics, in order to better understand the audience demographics of your Publisher Site, and to provide insights about those demographics to You. Where Google Analytics Demographics is enabled, certain Usage Data and Profile Information as described in the ShareThis Privacy Policy will be shared with Google so that we may provide demographic reporting features to You. To learn more about Google Analytics' privacy practices, please click [here](https://support.google.com/analytics/answer/6004245). To opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on, please click [here](https://tools.google.com/dlpage/gaoptout), or you may also visit the [NAI consumer choice page](https://optout.networkadvertising.org/). You are responsible for accurately describing Google Analytics features and functionality to Your Visitors.
 ) 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.
 ) 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://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.
 ) 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://iabeurope.eu/vendor-list-tcf-v2-0](https://iabeurope.eu/vendor-list-tcf-v2-0/) . 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 (where legally mandated) 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. It is essential that You apply the principle of TRANSPARENCY to all Your interactions with Visitors, particularly where required under applicable law.
 **XXI. Additional Information and Terms**
 You may also reference ShareThis, Inc., other terms and information, including:
 Our Privacy Notice found at: [https://www.sharethis.com/privacy/](https://www.sharethis.com/privacy/)
+**Privacy Compliance Tools Addendum**
+This Privacy Compliance Tools Addendum ("**Addendum**") applies if you use any of the ShareThis privacy compliance tools available at Our Website, including without limitation the Privacy Policy Generator, the Consent Management Platform, the Consent Management Platform for WordPress, and such other privacy compliance tools made available by us from time to time on or through Our Website ("**Compliance Tools**").
+. **Definitions.**
+"**Use**" means engaging in any of the following activities: accessing, viewing, engaging with, browsing, crawling or scraping the Compliance Tools or its content.
+"**Input**" means any text, materials, data, information content or any other form of input or communication provided by you to ShareThis or to Our Website in connection with or through the Compliance Tools.
+"**Output**" means any and all privacy policies, information, forms, materials, tools and/or documents generated as a result of the use of the Compliance Tools (excluding Your trademarks, trade names, service marks and/or logos).
+- **Compliance Tools Availability and Restrictions on Access.** We reserve the right to make updates, revisions, and modifications to the Compliance Tools at any time, for any reason, at our discretion. The Compliance Tools may be discontinued at any time without notice, accountability, or liability. We reserve the right to use any means reasonably necessary to prevent unauthorized access to the Compliance Tools. We reserve the right to suspend or revoke (temporarily or permanently) your Use of the Compliance Tools at any time and for any reason, without notice or liability. You may discontinue your Use of the Compliance Tools at any time.
+- **Ownership.** The Compliance Tools and the Output are our property and/or the property of our affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. You must abide by all applicable laws and regulations, and the terms of this Addendum and the Terms, in relation to your Use of the Compliance Tools and the Output. We reserve all rights not expressly granted in and to the Compliance Tools and the Output.
+- **Use of the Compliance Tools and Restrictions on Use.** You are granted a limited, non-exclusive, royalty-free, revocable to: (i) access and Use the Compliance Tools in order to generate Output; and (ii) use, modify and publish the Output on website(s) that you own or operate, in each case solely for your lawful business use of compliance with privacy laws relating to your website and not for any other commercial purposes. This is the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of the restrictions contained in this Addendum or the Terms. This license may also be terminated by us at any time in accordance with the Terms. Upon the termination of this license, you must cease use of the Compliance Tools and must discontinue use and publication of any Output. You agree to comply with the terms and conditions of this Addendum, the Terms, and all applicable local, national, and international laws and regulations. You agree that you will NOT participate or engage in, nor encourage or aid others to participate or engage in, directly or indirectly, any of the following activities:
+• Modify, reproduce or copy the Compliance Tools; attempt to decompile, disassemble, distribute, translate, adapt or reverse engineer any software, content or elements contained in the Compliance Tools or create any derivative works therefrom; remove any copyright or other proprietary notations from the Compliance Tools; transfer the Compliance Tools' content to another person or "mirror" the Compliance Tools on any other server.
+• Impersonate any person or organization, or provide false information.
+• Use the Compliance Tools for any purpose that interferes with security or causes harm to the Compliance Tools or their content.
+• Transmit destructive items such as viruses, worms, Trojan horses, or any devices, software or routine designed to interfere with the proper working order of the Compliance Tools or perform data mining of the Compliance Tools.
+• Attempt to access, index, or retrieve content from the Compliance Tools through the use of any automated device, robot, spider, or site search/retrieval application.
+• Attempt to gain unlicensed admission to the Compliance Tools or any of its computer systems or networks connected thereto by means of hacking, password mining, or any other illegal or unethical means.
+• Reformat or frame any part of the Compliance Tools.
+• Impose a load that is unreasonable or too large on the Compliance Tools' infrastructure, or make unnecessary traffic demands.
+• Perform comparisons or benchmarking" activities, either alone or in connection with any information or software.
+**Disclaimers.**
+ShareThis is Not a Law Firm and Does Not Offer Legal Advice. You understand that ShareThis is not a law firm and is not providing legal advice. We offer the means to perform basic functions through use of the Compliance Tools; however, you acknowledge that we are not attorneys or paralegals, nor do we offer legal advice.
+Output is Informational Only; Users Are Encouraged to Seek Legal Advice. You acknowledge that the Output is for informational purposes only and does not constitute legal advice, and that you should seek legal advice specific to your particular situation and the jurisdiction(s) that may be relevant to you.
+No Endorsements or Claims. You acknowledge that we do not endorse any specific attorney or paralegal or any privacy policy, consent management platform or other compliance tool or content as being better than another. We do not guarantee the legal accuracy, suitability or applicability of any Output for your legal needs. You will at all times look to any attorney or paralegal that you select for services as to any legal claims related to such services.
+No Warranty. All Output is provided without any warranty, express or implied. The Output should be modified to meet your own individual needs and the laws of your state and any other states and/or jurisdictions whose laws or regulations apply to you or your business. Your use of any Output is solely at your own risk.
+You Are Solely Responsible for Compliance. You acknowledge that it is solely your responsibility to ensure that you can and will comply with any and all privacy policies, claims, disclosures, statements, notices and opt-outs (including without limitation those set forth in the Output) that you make available to the end users of your products, services and/or websites.
+No Attorney-Client Relationship. ShareThis and any of its employees, contractors and/or attorneys who participated in providing the Compliance Tools and any other related content available on the ShareThis Sites expressly disclaim any warranty: they are not creating or entering into any attorney-client relationship by providing or making available any Output to you or by participating in the development of such Output.
+**No Warranties; Exclusion of Liability.**
+THE COMPLIANCE TOOLS AND ALL OUTPUT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SHARETHIS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SHARETHIS SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE COMPLIANCE TOOLS OR THE OUTPUT, NOR FOR YOUR ACTIONS OR INACTIONS IN CONNECTION THEREWITH. YOUR USE OF THE COMPLIANCE TOOLS AND/OR THE OUTPUT ARE AT YOUR OWN RISK.
+WITHOUT LIMITING THE FOREGOING, SHARETHIS DOES NOT REPRESENT OR WARRANT THAT THE COMPLIANCE TOOLS OR THE OUTPUT ARE ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR ERROR, AND SHARETHIS MAKES NO REPRESENTATION THAT ANY COMPLIANCE TOOLS OR OUTPUT ARE APPLICABLE OR APPROPRIATE FOR USE IN ANY OR ALL JURISDICTIONS.
+YOU AGREE THAT, AT ALL TIMES, YOU WILL LOOK SOLELY TO ATTORNEYS TO WHOM YOU PROVIDE PAYMENT FOR SERVICES, TO OBTAIN LEGAL ADVICE SPECIFIC TO YOUR PARTICULAR SITUATION, AND FOR ANY CLAIMS OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATED TO LOSS, DAMAGE, OR WARRANTY.
+IN NO EVENT SHALL SHARETHIS OR ITS MANAGERS, MEMBERS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, SUPPLIERS, REPRESENTATIVES, AGENTS, ADVISORS AND OTHER AFFILIATED PARTIES (COLLECTIVELY, "**AFFILIATED PARTIES**"), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR ACCESS TO OR USE OF THE COMPLIANCE TOOLS OR THE OUTPUT, ANY DELAY OR INABILITY TO USE SAME, OR OTHERWISE ARISING IN CONNECTION WITH THE COMPLIANCE TOOLS OR THE OUTPUT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SHARETHIS WAS OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
+OUR MAXIMUM TOTAL LIABILITY (AND THAT OF OUR AFFILIATED PARTIES) FOR ANY AND ALL CLAIM RELATED TO THIS ADDENDUM, THE COMPLIANCE TOOLS OR THE OUTPUT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR USE OF THE COMPLIANCE TOOLS DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CLAIM AROSE.
+THE ABOVE ALLOCATION OF RISK IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS ADDENDUM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
+SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
+**Indemnity.** You will indemnify, defend and hold us and our employees, officers, directors, members, subsidiaries, affiliates, licensors, advisors, suppliers and agents, and the officers, employees, agents and representatives of each of them, harmless from and against any and all costs, liabilities, obligations, damages, losses, debts and expenses (including reasonable legal fees and costs) arising from or related to: (i) your Use of the Compliance Tools and/or the Output, and (ii) your violation of any of the terms and conditions in this Addendum. You may not settle any claim without our prior written consent.