Thanks for choosing to use the AddThis Services. The AddThis Services are provided by Oracle America, Inc. ("Oracle") located at 500 Oracle Parkway, Redwood Shores, CA 94065. By using the AddThis Services, you are agreeing to the following Terms of Service (these "Terms"). These Terms confirm and clarify respective rights and obligations between Oracle and you in connection with your access to and use of the AddThis Services.
You and Oracle agree as follows:
ORACLE IS WILLING TO AUTHORIZE YOUR ACCESS TO THE ADDTHIS SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT THAT THESE TERMS GOVERN YOUR USE OF THE ADDTHIS SERVICES. BY SELECTING THE "ACCEPT LICENSE AGREEMENT" BUTTON OR BOX (OR THE EQUIVALENT) OR INSTALLING OR USING THE ADDTHIS SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AS AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY OR ORGANIZATION (IF BEING ACQUIRED FOR USE BY AN ENTITY) OR AS AN INDIVIDUAL, AND AGREE TO COMPLY WITH THE TERMS THAT APPLY TO YOUR ACCESS AND USE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, DO NOT SELECT THE "ACCEPT LICENSE AGREEMENT" BUTTON OR BOX (OR THE EQUIVALENT) AND DO NOT DOWNLOAD, ACCESS, OR USE THE ADDTHIS SERVICES.
These Terms apply to you if you are: (i) a "Publisher" (the owner or operator of a Publisher Site that uses the AddThis Services); or (ii) an "End User" accessing and using the AddThis Services. References to "you" and "your" refer to any Publisher or End User as applicable.
If you are a Publisher, all the Terms apply to you while using the AddThis Services except Section 1.2, which only applies to End Users.
If you are an End User, the preamble, Sections 1.1.5(h), 1.2, 1.3, 2.1.2, 2.2, 2.4, 2.5, 2.6, and 2.7, and Article III apply to you while using the AddThis Services. Please read these sections carefully as they explain the rules, rights, and obligations for your use of the AddThis Services.
If you are an AddThis Share and Bookmark Browser Extension user, the terms of service applicable to the AddThis Toolbar can be found at http://www.addthis.com/privacy/extension-and-bookmarklet-terms-of-service.
I. USE OF THE ADDTHIS SERVICES
1.1 Terms Applicable to Publishers. If you are a Publisher using the AddThis Services, the following terms apply to you:
1.1.1 Licenses granted to Publisher by Oracle. Oracle grants you a limited, non-exclusive, worldwide license to use the AddThis Services with the understanding that this right and license is only granted to you and may not be sublicensed or transferred to any other party. As part of your authorized use of the AddThis Services, you may use the Downloadable Code to install and display the AddThis Tools on your sites. You may modify the Downloadable Code but only as described in the Oracle support documents or otherwise as authorized in writing by Oracle.
Oracle also grants you a non-exclusive, non-transferable right and license to display the AddThis Marks solely as they are incorporated into the AddThis Services and as described in Third Party Usage Guidelines for Oracle Trademarks, located at https://www.oracle.com/legal/trademarks.html. No other rights to the AddThis Marks are granted by these Terms.
To facilitate the use of the AddThis Tools, you may use Third-Party Marks if made available to you by Oracle. Your use of Third-Party Marks is subject to the licenses and guidelines of the third-party licensor. It is the Publisher’s sole responsibility to read and comply with the third-party licensor guidelines. All goodwill associated with Publisher’s use of a Third-Party Marks shall inure to the benefit of the third-party licensor.
1.1.3. Your AddThis Account. All Publishers must register and create an account on AddThis.com in order to use the AddThis Services on Publisher Sites. As a Publisher, you agree to provide Oracle accurate information during registration and to update that information as necessary. To protect your AddThis account, keep your password confidential. You are responsible for all activity related to your AddThis account. If you learn of any unauthorized use of your password or AddThis account, please immediately change your password and contact AddThis Support.
AddThis.com may contain forums for Publishers and other registered users to interact with Oracle and each other. Publishers are solely responsible for any content they post and Oracle is not responsible for posts not made by Oracle nor does Oracle make any promises as to the quality or accuracy of any forum posts. Oracle may edit or remove any posting from any forum on AddThis.com at any time.
1.1.4. Fees. If you are a Publisher using a paid version of the AddThis Services, payment and additional terms will be included in a separate order between you and Oracle that references these Terms.
1.1.5. Data Privacy.
1.2 Terms Applicable only to End Users. If you are an End User this Section 1.2 and certain other parts of these Terms apply to you.
1.2.1. End User License. Subject to the End User Restrictions in Section 1.2.5., Oracle grants you a limited license to use the AddThis Services to share content and connect with other users online in accordance with these Terms.
1.2.3. Third-Party Content. Content shared- or linked-to via the AddThis Services may contain references or links to third-party materials and services (including Publisher 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 found through the AddThis Services 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 OR AS THE RESULT OF SUCH THIRD PARTIES APPEARING ON THE ADDTHIS SERVICES.
1.2.4. Eligibility. You must be at least sixteen (16) years old to use the AddThis Services. If you are sixteen (16) or older but younger than eighteen (18), you must have parental consent before using the AddThis Services, and your parent must accept these Terms on your behalf.
1.2.5. End User Restrictions. End Users will not: (i) use the AddThis Services in a way that violates the terms of any Publisher Site; or (ii) use the AddThis Services to stalk, harass, harm another person, or violate the law.
1.2.6. Disagreements and Disputes. Your use of the AddThis Services may bring you into contact with other users (whether End Users or Publishers), and their content. You are solely responsible for your involvement with other users and Oracle shall 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.
1.3 Other Rights, Limits, and Restrictions Applicable to End Users and Publishers.
1.3.1. Restrictions. Publishers and End Users will not (and will not permit any third party to): (i) conduct, promote, or advertise any item, good, or activity while using the AddThis Services that violates the law; (ii) upload, distribute, post, transmit, or make available through the AddThis Services 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 Services, or otherwise attempt to derive the source code of the AddThis Services, Downloadable Code, Enablement Code, or other code or software related to the AddThis Services; (iv) modify, change, or alter in any way, the proprietary content of any third party using the AddThis Services; (v) use the AddThis Services in any manner which interferes with the performance or functionality of the AddThis APIs or the AddThis Services or any website or app; (vi) attempt to gain access to secured portions of the AddThis Services to which you do not have a right to access; (vii) use the AddThis Services 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 Services, or to interfere in any way with the proper functioning of the AddThis Services; (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 Services; (x) conduct, promote, or advertise any item, good, or activity while using the AddThis Services that violates the terms of service of any Publisher Site; and (xi) conduct, promote or advertise any item, good, or activity while using the AddThis Services that Oracle determines, in its sole discretion, is inappropriate to be promoted through the Publisher Site or the AddThis Services.
1.3.2. Changes to the AddThis Services. Oracle may change or discontinue the AddThis Services with or without notice at any time. Oracle will not be liable to anyone if Oracle changes or discontinues the AddThis Services. If you object to any changes to the AddThis Services, your sole recourse will be to stop using the AddThis Services. Your continued use of the AddThis Services following changes represents your acceptance of such changes.
1.3.3. Intellectual Property. Oracle owns all right, title, and interest, including intellectual property rights in and to the AddThis Services, the technology used to create and run the AddThis Services, 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.
2.1 Warranties and Disclaimers.
2.1.1. Publisher Warranties. Publisher warrants that it has the right and authority to grant the licenses in these Terms and that Oracle’s exercise of such rights will not infringe or otherwise violate any End User’s or other third-party rights, and that all so-called moral rights in the Publisher Data have been waived to the full extent allowed by law.
2.1.2. Oracle Warranties and Disclaimers. Oracle develops its products and services using a commercially reasonable level of care. However, there are certain promises Oracle does not make about the AddThis Services provided under these terms. ORACLE PROVIDES THE ADDTHIS SERVICES "AS IS". ORACLE DOES NOT MAKE ANY COMMITMENTS OR PROVIDE WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE ADDTHIS SERVICES, THE FUNCTIONS OF THE ADDTHIS SERVICES, OR THE RELIABILITY, AVAILABILITY, OR ABILITY OF THE ADDTHIS SERVICES. TO THE EXTENT PERMITTED BY LAW, ORACLE DISCLAIMS ALL WARRANTIES NOT EXPRESSLY INCLUDED IN THESE TERMS.
2.2 Term. Oracle may suspend, terminate, or prohibit your use of the AddThis Services at any time with or without cause. If Oracle terminates your right to use the AddThis Services, you will stop using the AddThis Services immediately. If you are a Publisher, you will remove the AddThis Services (and any related code or technology) from all of your sites immediately. The sections of these Terms that by their nature would reasonably be expected to survive will survive termination or expiration of these Terms.
2.3 Confidential Information. Certain content, information, or software you access through the AddThis Services may contain Oracle's confidential information. Without limiting the foregoing, all non-public information and materials (including any fee information if you are paying for the AddThis Services) relating to the AddThis Services is Oracle's confidential information ("Confidential Information"). You agree to protect Confidential Information by exercising the necessary care required to prevent its disclosure. Notwithstanding the above, you will not disclose, divulge, distribute, publish, transmit, or transfer Confidential Information to any third party or use Confidential Information for any purpose whatsoever other than as expressly authorized by these Terms. Your obligations with respect to Confidential Information, whether or not deemed trade secret under applicable law, remain in effect until such time as the particular information becomes publicly known through no direct or indirect action by you.
2.4 Indemnification. If you are using the AddThis Services on behalf of a business or other entity, that business or entity accepts these Terms. You, the business, or entity 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 Services 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.
2.5 Limitation of Liability. ORACLE WILL NOT BE RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCURRED BY YOU OR YOUR BUSINESS. ORACLE’S AGGREGATE LIABILITY FOR ANY CLAIMS UNDER THESE TERMS IS LIMITED TO $1,000. ORACLE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT ARE NOT REASONABLY FORESEEABLE.
2.6 Export Control Laws. You acknowledge that the AddThis Services are 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 Services, 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 End 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 End 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 Services. 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 Services for a Prohibited Use, and (c) you are not a Sanctioned Party. All rights to use the AddThis Services 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.
2.7 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 this page. Any changes to these Terms will not apply retroactively and will become effective for your use of the AddThis Services 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 Services. Your continued use of the AddThis Services 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 Services and supersede any prior or contemporaneous agreements. If an order is placed under these Terms, and there is a conflict between these Terms and the order terms, the terms of the order govern. These Terms govern our relationship regarding your use of the AddThis Services 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 Marks means ADDTHIS®, a registered trademark in the United States and any other AddThis graphics, logos, designs, page headers, button icons, and toolbars appearing on the Publisher Site or the AddThis Services that may be trademarks in the United States and other countries.
AddThis Services means AddThis.com, the AddThis Tools (including "Share Buttons," "Follow Buttons," "Related Posts," and "Targeting Tools"), AddThis "for-pay" services ordered by Publishers (e.g. AddThis Enterprise Tools), and Downloadable Code.
AddThis Tools means (i) a suite of AddThis technologies owned by Oracle and made available to Publishers to install on the Publisher Sites to allow an End User to share, follow, view, recommend, and interact with Publisher content; and (ii) the AddThis management and analytics dashboard.
Cookie means a file that is saved on a computer or device when the computer or device communicates with a server, which uses the Cookie to retrieve information about that computer or device and its users.
Downloadable Code means any Enablement Code, and the code provided on AddThis.com that enables the installation of the AddThis Tools on the Publisher Site(s).
Enablement Code means code that is part of the AddThis Tools or is provided to you including any pixel tags or other similar code that enables Oracle to collect Publisher Data.
Personal Information means information defined as personally identifiable or personal information by the applicable Rules of the jurisdiction in which a particular individual made known to Oracle by an End User or Publisher, or through the AddThis Services, resides.
Publisher Data means data collected from the Publisher Site(s) including (a) Publisher Site content collected automatically when installing the AddThis Services, AddThis Tools, Downloadable Code, or Enablement Code on Publisher Sites; and (b) data collected regarding End User visits and activity on Publisher Sites.
Publisher Site means a website, URL, or web page on which the AddThis Services are enabled or used. AddThis.com, for example, is a Publisher Site.
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 ("DAA"), currently available at http://www.aboutads.info/principles, the Code of Conduct of the Network Advertising Initiative ("NAI"), currently available at http://www.networkadvertising.org/code-enforcement/code the NAI Mobile Application Code, currently available at http://www.networkadvertising.org/mobile/NAI_Mobile_Application_Code.pdf, and the Principles of the European Interactive Digital Alliance ("EDAA"), currently available at http://www.edaa.eu/european-principles/, as each set of principles may be amended from time to time.
Service Provider Platform means a software application, or mobile device application (app) on which the AddThis Services are enabled or used.
Third-Party Marks means a third-party registered trademark in the United States and any other graphics, logos, and designs appearing on the Publisher Site or the AddThis Services that may be trademarks in the United States and other countries.