About these terms. These Terms serve as an agreement between you and us, which you are accepting electronically online, and which govern your use of the ShareThis Widgets. We use the term “you” to mean you as an individual or entity and “we” or “us” to mean ShareThis, Inc., which provides the ShareThis Widgets and services. You agree that we may provide you with important information and terms electronically, either by email or by posting such notices online.

Changes. These Terms may change from time to time. By continuing to use the ShareThis Widgets after we post changes to this Agreement, you accept the Terms as modified. Therefore, you should review these terms regularly to learn about any changes.

Registration. In order to have access and use of the ShareThis Widgets, registration is not required but is strongly recommended. You will receive basic Share Widgets tracking 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 Widgets are available only to (a) individuals who are legally capable of entering into contracts and (b) corporations and other organizations that can form legally binding contracts under applicable law. If you are not eligible, you may not sign up or use the ShareThis Widgets. We may refuse to offer the ShareThis Widgets 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 located at http://sharethis.com/publisher or from one of ShareThis’ authorized distributors (e.g., http://sharethis.com/blogger, http://sharethis.com/typepad, http://sharethis.com/wordpress). You may not copy code from another site, other than your own Site, using the ShareThis Widget. You may not use the ShareThis Widgets in any manner that violates any applicable federal, state, or local, or the proprietary or contractual rights of others. You are solely responsible for all resources needed to develop and operate your Site and for all materials that appear on the Site. You must back up at your own expense any data and files that you desire to keep.

Ownership rights. The ShareThis Widgets are owned by us and our licensors. The ShareThis Widgets are protected by copyright and other intellectual property laws and treaties. We and our licensors reserve all rights not specifically granted to you. You may not reverse engineer, decompile, or disassemble any aspect of ShareThis Widgets. You may not modify, adapt, or create derivative works from the ShareThis Widgets. Do not remove proprietary notices. Do not help any one else to do any of the things prohibited in this paragraph.

Your rights to use the ShareThis Widgets. We offer you the following rights to use ShareThis provided that you continue to comply with the terms of this agreement. Your right to display the ShareThis Widgets is limited only to your web site (the “Site”) and not in connection with any application such as a toolbar, plug-in, helper, and component or other software that runs on an end user's computer. You may not remove, distort or alter any element of the ShareThis Widgets (including the HTML and JavaScript code). You may not use the ShareThis Widgets in any manner that implies that you are affiliated with or endorsed by us. You may not copy the look and feel of our web sites or give the impression that your Site is a part or affiliated with any of our web sites. You may not transfer these rights to anyone else. 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 Widgets only through the software, interfaces and protocols provided or authorized by us.

About our software. Any software 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.

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.

User Data. We will retain custody of all data and information collected or obtained by us through our networks from users of the ShareThis Widgets.

Privacy Policy. If you are an individual, our Privacy Policy is located at http://sharethis.com/privacy. By using ShareThis, you agree to this policy.

Sharing content. We will not claim ownership in any content or materials that you post or submit on your Sites; however, by offering the ShareThis Widgets on your Site, you agree to allow others to view and share your content. You grant us solely as necessary to provide the content through the ShareThis Widgets and service, 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 Widgets and network. 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 as we determine in our discretion without compensation or limitations of any kind.

Promotions. ShareThis owns all right, title and interest in and to the advertising and promotional spaces within the ShareThis Network.

Rules of conduct. Rules of conduct. You may not use the ShareThis Widgets in connection with any content, materials, Web sites, activities or products that:

• violate or infringe the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
• promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, pornography, prostitution, cigarettes, or firearms;
• promote unlicensed sales of products or services, including without limitation, alcohol, prescription drugs or professional services;
• violate any applicable laws, regulations or ordinance;
• are threatening, abusive, harassing, hate material, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
• victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• impersonate any person, business or entity, including our employees and agents;
• contain 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;
• encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
• offer, promote or encourage betting or wagering prohibited by law;
• violate this Agreement, guidelines, the anti-spam terms below, or any policy posted on the service; or
• interfere with the use of ShareThis by others.

Share Icon; Trademarks. ShareThis, Inc. is the owner of the SHARETHIS name, mark and Share Icon. In order to facilitate the standardization of multiple source and destination sharing, ShareThis is offering its Share Icon for general use to the online community using guidelines similar to the Feed Icon Guidelines for the “RSS icon” published by the Mozilla Foundation. The complete Share Icon Guidelines (“Guidelines”) can be found at: sharethis.com/share-icon-guidelines. The Share Icon 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 trademark ShareThis. So long as you comply with the Guidelines and your obligations under these Terms, you may also use the Share Icon trademark for the purpose of promoting or advertising that you use the ShareThis Widgets, provided that your Sites do 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, nonexclusive license during the Term to use your trademarks and logos to advertise that you are using the ShareThis Widgets. Nothing in these Terms grant or will be deemed to grant to one party any right, title or interest in or to the other party's trademarks.

No Spam. The ShareThis Widgets may not be used direct or indirectly to transmit spam or other form of unsolicited bulk communications. We may terminate your access or use of the ShareThis Widgets immediately and take any other legal action if you, or anyone using your access to the ShareThis Widgets, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our network system.

Representations and Warranty. You represent and warrant that you own or otherwise control all of the rights to the content and material that will be shared or access through the ShareThis Widgets on your Sites. You warrant and represent that (a) you own or have rights to use the content and materials on your Sites (b) each person depicted in any image on your Site, if any, has provided consent to the use of the image on your Site. 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.

Content by others. We are not obligated for content provided or shared by others and we have no duty to pre-screen such content. We are not liable for content or materials that are shared through the ShareThis Widgets. We are not responsible for content on the Internet.

DISCLAIMER OF WARRANTIES.
We provide the ShareThis Widgets "as-is," "with all faults" and "as available." WE GIVE NO EXPRESS WARRANTIES OR GUARANTEES. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. WE, OUR SUPPLIERS AND DISTRIBUTORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SHARETHIS WIDGETS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SHARETHIS WIDGETS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SHARETHIS WIDGETS WILL BE CORRECTED.

LIABILITY LIMITATION.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF SHARETHIS IS TO DISCONTINUE YOUR USE OF THE SHARETHIS WIDGETS. WE, OUR OWNERS, SUPPLIERS, DISTRIBUTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SHARETHIS WIDGETS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification. You agree to defend, indemnify, and hold harmless us, our owners, employees, representatives and agents from all liabilities, claims, and expenses -- including attorney's fees -- that arise from your use or misuse of the ShareThis Widgets.

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, employees, consultants or other agents.

General Terms. These terms make up the entire agreement between you and us regarding your use of the ShareThis Widgets. 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 person, without our prior written authorization. You agree that the laws of Ohio 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 court located in Hamilton County, State of Ohio, 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, the remainder of these terms will continue in force and effect.