AddThis Share and Bookmark Browser Extension and AddThis Bookmarklet Terms of Service (these “Terms”)
The AddThis Share and Bookmark Browser Extension Technology and the AddThis Bookmarklet (the “AddThis Technology”) was available for download until September 28, 2017. As of that date, Oracle no longer supports the AddThis Technology. If you have the AddThis Technology, you are an “AddThis Technology User”, and the following terms apply:
- References to “you” and “your” refer to any AddThis Technology User. Please be aware that Oracle no longer supports the AddThis Technology. You use it at your own risk. Oracle is under no obligation to provide you with any error corrections, updates, or bug fixes. To the extent you do not agree with any content on the AddThis Technology, your sole remedy is to discontinue use of the AddThis Technology.
- AddThis Technology Access and License. Oracle grants you a limited, non-exclusive, worldwide license to use the AddThis Technology with the understanding that this right and license is only granted to you and may not be sublicensed or transferred to any other party. Oracle makes no representation that the AddThis Technology is appropriate or available for use in locations outside the United States. Accessing the AddThis Technology from territories where the service is illegal is prohibited. If you access the AddThis Technology from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Fees. There are no fees due from either party under these Terms.
- Transfers of Personal Data. You agree that Oracle may transfer and store AddThis Technology User Data globally. If your use of the AddThis Technology involves transfers of Personal Information (“PI”) (i) subject to data transfer restrictions or requirements under Directive 95/46/EC or any successor legislation; (ii) to countries, jurisdictions, or recipients outside the EEA or Switzerland not recognized by the European Commission as ensuring an adequate level of protection pursuant to Directive 95/46/EC or any successor legislation; and (iii) not otherwise subject to an approved transfer mechanism that provides an adequate level of protection pursuant to Directive 95/46/EC or any successor legislation, such transfers are made subject to the terms of the EU Standard Contractual Clauses for controller to controller (“Clauses”), as entered into between Oracle (acting in its own name and in the name and on behalf of its affiliates) and AddThis Technology User. Oracle and AddThis Technology User agree that incorporation of the Clauses into these Terms shall act as a legally binding execution of the Clauses.
- Third-Party Content. Content shared- or linked-to via the AddThis Technology may contain references or links to third-party materials and services (including AddThis Technology User content) not owned or controlled by Oracle or its partners and subject to other terms and conditions which you should review. Your dealings with such third parties via the AddThis Technology are solely between you and the third party and such dealings are governed by the relevant terms and policies of such third party. YOU AGREE THAT ORACLE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF SUCH DEALINGS.
- Eligibility. You must be at least sixteen (16) years old to use the AddThis Technology. If you are sixteen (16) or older but younger than eighteen (18), you must have parental consent before using the AddThis Technology, and your parent must accept these Terms on your behalf.
- AddThis Technology User Restrictions. AddThis Technology Users will not: (i) use the AddThis Technology in a way that violates the terms of any linked-to or shared-to site; or (ii) use the AddThis Technology to stalk, harass, harm another person, or violate the law.
- Disagreements and Disputes. Your use of the AddThis Technology may bring you into contact with other AddThis Technology Users, and their content. You are solely responsible for your involvement with other AddThis Technology Users and Oracle will not be liable for any involvement by you with other users, including for any direct, indirect, special, or other consequential damages arising out of or in connection with such disputes.
AddThis Technology Users will not (and will not permit any third party to): (i) promote, share, or advertise any item or good, or conduct any activity while using the AddThis Technology that violates the law; (ii) upload, distribute, post, transmit, or make available through the AddThis Technology or provide Oracle with, any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors in any way, or racially, ethnically, or otherwise objectionable; (iii) attempt to reverse engineer, change, disrupt, interfere with or jeopardize the AddThis Technology, or otherwise attempt to derive the source code of the AddThis Technology or other code or software related to the AddThis Technology; (iv) modify, change, or alter in any way, the proprietary content of any third party using the AddThis Technology; (v) use the AddThis Technology in any manner which interferes with the performance or functionality of the AddThis Technology or any website or app; (vi) attempt to gain access to secured portions of the AddThis Technology to which you do not have a right to access; (vii) use the AddThis Technology to load or transmit any form of virus, worm, Trojan horse, or other malicious code; (viii) use any automatic, electronic, or manual process to access, search, or harvest information from the AddThis Technology, or to interfere in any way with the proper functioning of the AddThis Technology; (ix) use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on or via the AddThis Technology; (x) conduct, promote, or advertise any item, good, or activity while using the AddThis Technology that violates the terms of service of any linked-to or shared-to site; and (xi) conduct, promote or advertise any item, good, or activity while using the AddThis Technology that Oracle determines is inappropriate to be promoted through the linked-to site or the AddThis Technology.
- Intellectual Property. Oracle owns all right, title, and interest, including intellectual property rights in and to the AddThis Technology, the technology used to create and run the AddThis Technology, and Oracle software code and any Oracle-owned work product, reports, or other output or results, derivatives designs, methods, inventions, know-how, techniques, applications, or other materials or technology, or any enhancements to the foregoing, that Oracle makes available to you in connection with these Terms.
- Term. These Terms apply so long as you are using the AddThis Technology. The sections of these Terms that by their nature would reasonably be expected to survive will survive termination or expiration of these Terms. You may terminate your use of the AddThis Technology at any time by removing the AddThis Technology from your browser or ceasing your use of the AddThis Technology.
- LIMITATION OF LIABILITY AND DISCLAIMER. ORACLE 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 ADDTHIS TECHNOLOGY OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ADDTHIS TECHNOLOGY OR ON ANY WEBSITES LINKED-TO THROUGH USE OF THE ADDTHIS TECHNOLOGY.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ORACLE OR YOUR USE OF THE ADDTHIS TECHNOLOGY IS TO DISCONTINUE YOUR USE OF THE ADDTHIS TECHNOLOGY. IN NO EVENT WILL ORACLE, 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 ADDTHIS TECHNOLOGY, ANY WEBSITES LINKED TO THROUGH USE OF THE ADDTHIS TECHNOLOGY, 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.
ORACLE PROVIDES THE ADDTHIS TECHNOLOGY “AS IS”. ORACLE DOES NOT MAKE ANY COMMITMENTS OR PROVIDE WARRANTIES OR REPRESENTATIONS ABOUT THE ADDTHIS TECHNOLOGY, THE FUNCTIONS OF THE ADDTHIS TECHNOLOGY, OR THE RELIABILITY, AVAILABILITY, OR ABILITY OF THE ADDTHIS TECHNOLOGY. TO THE EXTENT PERMITTED BY LAW, ORACLE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Indemnification. You will hold harmless and indemnify Oracle and its affiliates from any claim, suit, or action arising from or related to your use of the AddThis Technology or violation of these Terms, including any liability or expense (e.g. losses, damages, judgments, litigation costs, and attorneys’ fees) arising from such claims, suits, or actions.
- Export Control Laws. You acknowledge that the AddThis Technology is subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that you will comply with the Export Laws. You will not ship, transfer, export, or re-export the AddThis Technology, directly or indirectly, to: (a) any countries that are subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Syria, and Crimea) (each, an “Embargoed Country”), (b) any AddThis Technology User whom you know or have reason to know will utilize them for prohibited purposes, including but not limited to: in the design, development, or production of nuclear, chemical, or biological weapons, rocket systems, space launch vehicles and sounding rockets, or unmanned air vehicle systems (each, a “Prohibited Use”), or (c) any AddThis Technology User who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government (each, a “Sanctioned Party”). In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export, or use the AddThis Technology. You represent and warrant that (a) you are not a citizen of, or located within, an Embargoed Country, (b) you will not use the AddThis Technology for a Prohibited Use, and (c) you are not a Sanctioned Party. All rights to use the AddThis Technology are granted on condition that such rights are forfeited if you fail to comply with any of these Terms. If Oracle has knowledge that a violation has occurred, Oracle may terminate these Terms.
- Miscellaneous. Oracle may modify these Terms at any time. You may not assign these Terms, or any part of them, to any other party, without Oracle’s prior written authorization. You should review these Terms regularly and it is your responsibility to do so. Oracle will post the “as of date” for these Terms on the bottom of these Terms. Any changes to these Terms will not apply retroactively and will become effective for your use of the AddThis Technology ten (10) days after they are posted on this page. Any changes made to these Terms which are required by law will become effective immediately. If you do not agree to any change in the Terms, you will stop using the AddThis Technology. Your continued use of the AddThis Technology following changes to these Terms represents your acceptance of those changes. These Terms are the entire agreement between you and Oracle related to the AddThis Technology and supersede any prior or contemporaneous agreements. These Terms govern our relationship regarding your use of the AddThis Technology and they do not create any third-party rights. If Oracle takes no action for your failure to comply with any part of these Terms, it does not mean that Oracle is foregoing or giving up any rights described here. If any part of these Terms is unenforceable, that will not affect the enforceability of any other part of the Terms. The Uniform Computer Information Transactions Act does not apply to these Terms or to any order that might be placed under them. These Terms are governed by the laws of the State of California and you agree to submit to the exclusive jurisdiction of, and venue in, the courts in San Francisco or Santa Clara counties in California in any dispute arising of or relating to these Terms. Legal notices to Oracle must be sent by certified mail to: Oracle America, Inc., 500 Oracle Parkway, Redwood Shores, CA 94065, Attention: General Counsel, Legal Department.
“AddThis Technology User Data” means data collected from the AddThis Technology User, including (a) AddThis Technology User Site content collected automatically when installing the AddThis Technology on your browser; and (b) data collected regarding AddThis Technology User visits and activity on AddThis Technology User Sites.
“AddThis Technology User Site” means a website, URL, or web page on which the AddThis Technology is used.
Last updated: October 5, 2017