Last Modified: June 19, 2013

Welcome to ShareThis! We offer You the ShareThis Applications, Websites, and other services for your personal enjoyment on the condition that You agree to abide by the following terms.

BY ACCESSING AND USING THE WEBSITES OR SHARETHIS APPLICATIONS (DEFINED BELOW), YOU AGREE TO THESE TERMS OF USE.

About These Terms

The following terms and conditions, together with any documents they expressly incorporate by reference (these Terms of Use), govern Your access to and use of ShareThis.com and/or SnapSets.com, including any content, functionality, and services offered on or through ShareThis.com, SnapSets.com, and/or SnapSets.ShareThis.com (the Websites), whether as a guest or as a registered user.

ShareThis, Inc., (ShareThis, Inc., We, or Us) provides the ShareThis online interactive service and software application for sharing and exchanging digital information (ShareThis). ShareThis, Inc. also provides the SnapSets online interactive service and software application for allowing users to post, submit, publish, display, bookmark, or transmit to themselves or other users/persons digital content or materials (SnapSets). ShareThis and SnapSets are collectively referred to as the ShareThis Applications. These Terms of Use serve as an agreement between You (the User) and Us, which You are accepting online, and which govern your use of the ShareThis Applications, and other services, features, and software available on Our Websites. Since the ShareThis Applications are comprised of online interactive services and Internet-enabled software applications, You agree that We may provide You with important information and terms electronically, either by email or by posting such notices online. You may not use the ShareThis Applications or other services, features, and/or software provided by Us unless You comply with these Terms.

Changes

As the ShareThis Applications and ShareThis, Inc. offerings evolve, We may need to modify these Terms of Use from time to time at our sole discretion. You agree that We may modify these Terms at any time. Therefore, You should review these Terms regularly to learn about any changes. Your ongoing use of the ShareThis Applications or Websites after We post changes to this Agreement means that You accept the new Terms of Use.

Your Eligibility

The ShareThis Applications and Websites are offered and available to users who meet the following eligibility requirements:
a. for features that require registration, You must complete the registration process and agree to these Terms;
b. all contact information You submit must be true, complete, and up to date; and
c. You must be 13 years or older.

By using the ShareThis Applications and Website, you represent and warrant that You meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the ShareThis Applications or Websites. We reserve the right to refuse service or to terminate accounts for any User and to change eligibility requirements at any time. We may refuse the use of any user name that We determine is unacceptable, for any reason.

Privacy Policy

All information we collect on the ShareThis Applications or Websites are subject to our Privacy Policy. Our Privacy Policy is located athttp://www.sharethis.com/privacy/. By using the ShareThis Applications or Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Your Responsibilities

You have the following responsibilities when You use the ShareThis Applications or Websites. You must keep your log-in information confidential. You must comply with all applicable laws and these Terms of Use. You may not violate the rights of others. You are responsible for maintaining, at your own expense, the equipment and Internet access that You will need to use the ShareThis Applications or Websites. You must back up, at your own expense, any data, such as contact information, files, and other data that You desire to keep. You must ensure that all persons who access the ShareThis Applications or Websites through Your Internet connection are aware of these Terms of Use and comply with them.

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 content and software are protected by copyright and other intellectual property laws and treaties. We and our suppliers reserve all rights not specifically granted to You. However, ShareThis does not claim any rights to third-party content shared using the ShareThis Applications and/or Websites, including User Contributions (defined below).

As regards the ShareThis Applications and Websites, You may not:

a. reverse engineer, decompile, or disassemble any aspect of ShareThis Applications or Websites;
b. modify, adapt, or create derivative works from ShareThis Applications or Websites;
c. reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites or ShareThis Applications;
d. access or use any part of the Websites, any services or materials available through the Websites, or ShareThis Applications for any commercial purposes;
e. remove proprietary notices;
f. help anyone else to do any of the things prohibited in this paragraph.

Your Rights to Use ShareThis

We offer You the following rights to use ShareThis, provided that You continue to comply with these Terms of Use. We offer You ShareThis (including its content, software, and services) on a personal, limited, and non-exclusive basis for personal and lawful use only. 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 service only through the software, interfaces, and protocols provided or authorized by Us.

Using the SnapSets Component of ShareThis

We offer You the following rights to use SnapSets provided that you continue to comply with these Terms of Use. SnapSets includes interactive features that allow users to post, submit, publish, display, bookmark, or transmit to themselves or other users/persons (hereinafter, Post) digital content or materials (collectively, User Contributions) on or through the ShareThis Applications, Websites, and/or other software applications. All User Contributions must comply with the Rules of Conduct set out in these Terms of Use. Any User Contribution You Post to the Websites or using SnapSets will be considered non-confidential and non-proprietary. By providing any User Contribution on the Websites or using SnapSets, You grant Us and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third-parties any such material for any purpose according to your account settings and Our Privacy Policy. Our Privacy Policy is located at http://www.sharethis.com/privacy/.

You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not ShareThis, Inc., shall have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Website or ShareThis Applications. We reserve the right to take down and/or delete any User Contributions that may violation these Terms of Use.

Rules of Conduct

In order to make the ShareThis Applications and Websites accessible and a positive experience for all users, and to protect the rights of others (e.g., their rights of privacy and other legal rights), You agree to abide by the following rules of conduct. You may not submit, offer links from, share, post or transmit through the ShareThis Applications, Websites, and/or related services any material, or otherwise engage in any conduct that:

a. violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
b. offers 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. promote any illegal activity, or advocate, promote or assist any unlawful act or encourage 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. causes annoyance, inconvenience, or needless anxiety, or is likely to upset, embarrass, alarm or annoy any other person;
j. violates these Terms of Use, guidelines, the anti-spam terms below, or any policy, license agreement, or other terms posted on the ShareThis Applications, Websites, and/or other services;
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.

Monitoring and Enforcement; Termination

We have the right to:

a. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
b. 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/Websites, the public, or could create liability for ShareThis, Inc.
c. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights, publicity rights, or their right to privacy.
d. Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the ShareThis Applications or Websites.
e. Terminate or suspend your access to all or part of the ShareThis Applications or Websites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the ShareThis Applications and/or Websites. YOU WAIVE AND HOLD HARMLESS SHARETHIS, INC. AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, We do not undertake to review material before it is posted on the Websites or using the ShareThis Applications, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Sharing Content

We will not claim ownership in any content or materials that You post or submit through the ShareThis Applications or Websites, including User Contributions. We do not read your private online communications. However, by posting or submitting content or materials on public areas of the ShareThis Applications or Websites, such as public message boards, etc., You are giving Us permission to use Your submission in connection with the operation of the ShareThis Applications and/or Websites, including the right to copy, transmit, publicly display, edit, and reformat your submissions and Posts. 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 discretion, and without compensation or limitations of any kind.

About Our Software

We may automatically update software on your computer to improve the performance and capabilities of such software. Any updates We provide will be at our discretion; We are under no obligation to provide You with any error corrections, updates or bug fixes. Any software provided as part of the ShareThis Applications 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

The laws of the United States and other countries apply to the ShareThis Applications and Websites, which prohibit the export or re-export of content, products, services and technology 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.

Advertisements

ShareThis Applications and Websites are supported by advertising revenue. Some of the advertisements may be targeted, but please be assured that We will not permit our advertisers and ad networks to collect or store information from the ShareThis Applications and Websites that can be identified with You personally. As consideration for your use of ShareThis Applications and Websites, You consent to our placements of such advertising.

No Spam

You may not use the ShareThis Applications or Websites to transmit, directly or indirectly, any spam or other form 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 and/or Websites immediately and take any other legal action if You, or anyone using Your access to the ShareThis Applications and/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.

Links from ShareThis Applications or Websites

If the ShareThis Applications or Websites contain links or User Contributions to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them, their functionality or non-functionality, to where they direct You, or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party websites linked to the ShareThis Applications and/or Websites, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.

We Are not Obligated for Content Provided by Others

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 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 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.

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/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://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 http://www.sharethis.com/usage/. By using the ShareThis Applications and Services, you agree to abide by these Guidelines.

International Use

We make no representation that the ShareThis Applications or Websites are appropriate or available for use in locations outside the United States. Accessing the ShareThis Applications or Websites from territories where the service is illegal is prohibited. If You access the ShareThis Applications or Website from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.

Terms for Purchases

We may offer, from time to time, services and products for a fee. You agree to pay all fees and charges that You incur subject to the payment terms that will be disclosed to You at the time You make your purchases. When You make a purchase from Us, You must provide Us with a payment method. You must be authorized to use the payment method. You authorize Us (1) to charge You for any purchases You make from Us using your payment method, and (2) for Us to charge You for any paid feature of the service for which You choose to sign up or use. Prices and availability of any products or services are subject to change at any time.

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 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 WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

YOUR USE OF THE WEBSITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SHARETHIS APPLICATIONS OR WEBSITES IS AT YOUR OWN RISK. THE SHARETHIS APPLICATIONS, WEBSITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SHARETHIS APPLICATION 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 THE SHARETHIS, INC., REPRESENTS OR WARRANTS THAT THE SHARETHIS APPLICATIONS OR WEBSITES, ITS 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 WEBSITE 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 SHARETHIS 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 IT, 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

You agree to defend, indemnify and hold harmless ShareThis, Inc., its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys fees) arising out of or relating to Your violation of these Terms of Use or Your use of the ShareThis Applications or Websites, including, but not limited to, your User Contributions, any use of the ShareThis Applications or Websites content, services and products other than as expressly authorized in these Terms of Use, or Your use of any information obtained from or using the ShareThis Applications or Websites.

GENERAL TERMS

These terms make up the entire agreement between You and Us regarding your use of the ShareThis Applications and Websites. We may assign this contract, in whole or in part, at any time, with or without notice to You. You may not assign this contract, or any part of it, to any other person. 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, the remainder of these terms will continue in full force and effect.
You may also reference ShareThis, Inc., other terms, including:

Last Updated 19 June 2013