ShareThis, Inc., Publisher Terms of Use

Welcome to ShareThis! We offer You ShareThis’ applications, products, tools and services provided that You agree to the following terms. Please review them carefully.

YOUR AFFIRMATIVE ACT OF ACCESSING, USING OR REGISTERING FOR ANY SHARETHIS SERVICES AND APPLICATIONS SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS (“Terms” or “Agreement”). YOU AGREE THAT THESE TERMS HAVE THE SAME EFFECT AS AN AGREEMENT SIGNED IN WRITING. You may not sign up or use the ShareThis Applications or services (described below) if You do not agree.

Date updates posted: August 19, 2013

Effective Date: August 19, 2013

About ShareThis Applications and Websites

ShareThis, Inc. and its affiliates (“We “ or “Us “) offer publishers (“You”) code, applications, graphics (including icons), tools, analytics, widgets, plug-ins and proprietary methods and systems that include, without limitation:

  • - 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”);
  • - Online interactive services for allowing users to post, submit, publish, display, bookmark, organize, index, or transmit to themselves or other users/persons digital content or materials (“SnapSets”);
  • •- Content trending tools; and
  • - 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 (collectively, ShareThis, SnapSets, and other tools We provide are the “ShareThis Applications” or “Applications”).
  • - •Content, functionality, and services offered on or through ShareThis.com, Snapsets.com, and/or snapsets.sharethis.com (the “Websites”)

We offer the standard ShareThis Applications on the Websites at no charge to publishers in consideration of our publishers giving Us the right to collect and use certain data from the use of our ShareThis Applications. 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.

About these terms

These Terms serve as a contract between You and Us and governs your use of ShareThis Applications and Websites.

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.

Changes

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://www.sharethis.com/legal/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.

Registration

You do not need to register with Us to visit our Websites. However, You must register with Us to use the ShareThis Applications. You will receive basic Analytical Tools at no cost (free) and 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.

Eligibility

ShareThis Applications are available only to (a) individuals who are legally capable of entering into contracts and (b) persons thirteen (13) years of age or older, and (c) corporations and other legal entities authorized to form legally binding contracts under applicable law. If You are not eligible, You may not access or use the ShareThis Applications. We may refuse to offer the ShareThis 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 Service 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 this Agreement.

Your responsibilities

You must use the ShareThis publisher site to get a ShareThis tool and/or code or SnapSets tool and/or code located at http://www.sharethis.com/get-sharing-tools or from one of ShareThis’ authorized distributors (e.g., http://sharethis.com/get-sharing/wordpress/). You may not copy code from another site, other than your own Web site (“Site”), using the ShareThis Applications. You agree to comply with all applicable laws and regulations.

You acknowledge that We offer the ShareThis Applications in the United States and that (a) We have not designed or customized the ShareThis Applications for use in any specific country or jurisdiction (“Territory”), especially outside the United States, and (b) You may not distribute or make available for use the ShareThis Applications in any Territory where such distribution or use would be contrary to local law or regulation. You are solely responsible for compliance with local laws as applicable when You use the ShareThis Applications. You are solely responsible for (c) all resources needed to develop and operate your Site and for all materials that appear on the Site and (d) any information, text, postings, images, audio, video and all other materials (“Content”) posted on your Site(s) and the conduct of your users. You must back up, at your own expense, any data and files that You desire to keep.

Ownership rights

The content and software offered by or through the ShareThis Applications and Websites (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Us, our suppliers and/or third parties who post or make available such materials. The ShareThis Application and Websites are protected by copyright and other intellectual property laws and treaties. We and our licensors reserve all rights not specifically granted to You.
As regards the ShareThis Applications and Websites, You may not:
a. reverse engineer, decompile, or disassemble any aspect of ShareThis Applications or our Websites;
b. modify, adapt, or create derivative works from ShareThis Applications or our Websites;
c. reproduce, distribute, modify, create derivative works of, publicly display, publicly;
d. perform, republish, download, store or transmit any of the material on our ShareThis Applications or Websites;
e. remove proprietary notices;
f. help anyone else to do any of the things prohibited in this paragraph.

License Terms

We offer You the following rights to use the ShareThis Applications and Websites provided that You continue to comply with the terms of this Agreement. You may use the ShareThis Applications and Websites only with your Site 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 Site(s). If the service includes any download of software, You may download and install one copy of such software only on those computers that You directly own or lease. You may access the ShareThis Applications only through the software, interfaces and protocols provided or authorized by Us.
You may not:
a. share any Analytical Data with third parties that discloses personally identifiable information (“PII”);
b. combine such Analytical Data with other third party data, including PII or any other information that would result in disclosure of PII;
c. resell, distribute, transfer, license, or sublicense such Analytical Data with third party advertising networks or behavioral data networks without our express, written authorization;
d. remove, distort, or alter any element of the ShareThis Applications or Websites (including HTML, JavaScript, or other software code);
e. use any component of the ShareThis Applications or Websites (including HTML, JavaScript, or other software code) derived from the ShareThis Applications to license, sell, resell, distribute or redistribute any service or product that is similar in features and functionality as the ShareThis Applications;
f. copy the look and feel of the ShareThis Applications and/or Websites or give the impression that your Site is a part or affiliated with any of our Web sites; or
g. transfer these rights to any third party.

Rules of Conduct

You may not use the ShareThis Applications or Websites in connection with any content, materials, Sites, activities, or products that:
a. violate or infringe the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
b. offer for sale any content or products;
c. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, violent, inflammatory, hateful, indecent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of sexual acts;
d. victimizes, harasses, degrades, discriminates, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
e. impersonates any person, business or entity, including our employees and agents;
f. contains viruses, Trojan horses, works, time bombs or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
g. promotes any illegal activity, or advocates, promotes or assists any unlawful act or encouraging conduct that would constitute a criminal offense, or that gives rise to civil liability;
h. offers, promotes or encourages betting or wagering prohibited by law;
i. cause annoyance, inconvenience or needless anxiety or is likely to upset, embarrass, alarm or annoy any other person;
j. violates this Agreement, guidelines, the anti-spam terms below, or any policy posted on this Agreement;
k. interferes with the use of the ShareThis Applications or Websites by others;
l. is completely commercial in nature, such as such as contests, sweepstakes, solicitations, and other sales promotions, barter or advertising;
m. merely link to third party sites.
You may not submit—or cause to submit— through the ShareThis Applications or Websites 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 of Use.

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.

About SnapSets

We offer You the option to use SnapSets services and application (“SnapSets”) provided that you continue to comply with these Terms of Use. You may not use SnapSets service if the content on Your site violates our Rules of Conduct. SnapSets includes interactive features that allow users to post, submit, publish, display, bookmark, or transmit digital content and/or materials to themselves or other users/persons (hereinafter, “Post”) (collectively, “User Contributions”) on or through the ShareThis Applications or our Websites from Your Site. By utilizing SnapSets, You agree that any User Contribution that a User Posts automatically grants Us and our respective licensees, successors, and assigns the non-exclusive right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Contribution for any purpose according to these Terms, your account settings, and our Privacy Policy found at http://sharethis.com/privacy/. While using SnapSets, You agree that ShareThis, Inc., and our respective licensees, successors, and assigns cannot be found liable for Copyright Infringement for any User Contributions from Your Sites, including but not limited to, claims for statutory or common law contributory or vicarious copyright infringement. However, we respect intellectual property rights and reserve the right to:

• Remove or refuse to Post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Rules of Conduct, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the ShareThis Applications or our Websites or the public or could create liability for ShareThis, Inc.

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://www.sharethis.com/legal/copyright

Trademarks

ShareThis, Inc., is the owner of the SHARETHIS name and mark, SNAPSETS name and mark, and the ShareThis share icon (“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/legal/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/legal/usage-guidelines/. By using the ShareThis 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 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 (the “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.

Export Laws

You agree to comply with all applicable laws that regulate or prohibit the export or re-export of our software and technologies to certain countries and persons. You agree to comply with these laws and regulations at your own expense. You assume sole responsibility for any unauthorized exportation.

Privacy

If You are an individual, our Privacy Policy is located at http://sharethis.com/privacy/. By using ShareThis, You agree to this policy.
ShareThis, Inc. is a member of the Network Advertising Initiative (the “NAI”) and is committed to maintaining compliance with the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. In support of those principles, publishers shall be required to maintain a privacy policy, readily available on the “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 anonymous statistics about your users; (v) obtains all rights and permissions necessary, if any, for ShareThis, Inc., and its affiliates to use such data; (vi) provides consumers with an opportunity to opt-out of receiving cookies from ShareThis, Inc., through a link to ShareThis, Inc.’s opt out page, which can be found at http://sharethis.com/privacy/; and (vii) 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.

Sharing Data

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 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 in accordance with our Privacy Policy located at www.sharethis.com/privacy and to allow our third-party data partners to do the same.

Widget Cookies

In consideration of your access to and use of the ShareThis Applications under this Agreement, You agree that We may deploy a cookie when an end user visits a page on any Site containing a ShareThis Application (e.g., a sharing icon or widget) in order for Us to collect information on categories of Content shared by such users and categories of user interests (“Widget Cookies”). Such Widget Cookies will be placed and used in accordance with our Privacy Policy located at www.sharethis.com/privacy and are not intended to identify or collect end user information on a personally identifiable basis. Unless otherwise agreed to by You and Us, You grant Us a nonexclusive, perpetual, worldwide and irrevocable right and license to collect, use, create derivative works from, and disclose data derived from the Widget Cookies in accordance with our Privacy Policy and to allow our third party data partners to do the same. 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.

Data

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.

Sharing Content

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, nonexclusive, 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 including analytics and a complete understanding of end users’ Sharing and Web usage patterns.
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.

Advertisements

Our ShareThis Applications do not include advertising; however, certain other ShareThis Applications that You may elect to use (such as our toolbar) may be supported by advertising revenue. Unless otherwise provided by agreement, ShareThis shall own and retain all right, title, and interest in and to the advertising and promotional spaces within the ShareThis Applications and network and has the right to sell all advertising within such spaces and to retain all revenues related to such advertising.

Premium services in which advertising and advertising network and behavioral data services are provided by Us to You may be subject to additional terms.

No Spam

The ShareThis Applications or Websites 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 Applications or Websites to violate the terms of this section. We may terminate your access or use of the ShareThis Applications or Websites immediately and take any other legal action if You, or anyone using your access to the ShareThis Applications or Websites, 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.

Representations and Warranty

Each party represents and warrants to the other party that (i) such party has the full corporate right, power and authority to enter into the Agreement and to perform the acts required under this Agreement, (ii) the execution and performance of the Agreement 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, the Agreement will constitute the legal, valid, and binding obligation of such party, and (iv) each party’s performance of its obligations under this Agreement will not violate the intellectual property rights of any third party.

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 Applications on your Site(s) and (b) each person depicted in any image on your Site(s), if any, has provided consent to the use of the image on your Site(s).

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 Applications or our Websites 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 Applications or our Websites, 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.

DISCLAIMER OF WARRANTIES

You understand that We cannot and do not guarantee or warrant that files available for downloading from the Internet, the ShareThis 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.

YOUR USE OF OUR WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SHARETHIS APPLICATIONS OR WEBSITES IS AT YOUR OWN RISK. THE SHARETHIS APPLICATIONS, OUR WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SHARETHIS APPLICATIONS OR 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 APPLICATIONS OR WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER SHARETHIS, INC., NOR ANYONE ASSOCIATED WITH SHARETHIS, INC., REPRESENTS OR WARRANTS THAT THE SHARETHIS APPLICATIONS OR WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SHARETHIS APPLICATIONS OR WEBSITES 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 APPLICATIONS OR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIABILITY LIMITATION

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF THE SHARETHIS APPLICATIONS AND/OR WEBSITES 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 APPLICATIONS OR WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SHARETHIS APPLICATIONS OR WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SHARETHIS APPLICATIONS OR WEBSITES OR SUCH OTHER WEBSITES, 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.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

Each party agrees to defend, indemnify, and hold harmless the other party, its owners, employees, representatives and agents from all liabilities, claims, and expenses— including attorney’s fees— that arise from such party’s breach of this Agreement. 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 Applications or Websites. You agree to defend, indemnify, and hold harmless Us and our owners, subsidiaries, officers, directors, employees, representatives and agents from any claim by 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.

Remedies

You acknowledge that your breach of this Agreement 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.

General Terms

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.

You may also reference ShareThis, Inc., other terms, including:
– User Terms of Use found at: http://sharethis.com/legal/terms/
– Our Copyright Policy found at: http://www.sharethis.com/legal/copyright/
– Our Privacy Policy found at: http://sharethis.com/legal/privacy/
– ShareThis Marks Guidelines found at: http://sharethis.com/legal/usage-guidelines/

Last Updated 19 June 2013