Terms of Use

Thank you for visiting Share.es (the “Site”), a property of ShareThis, Inc.. These Terms of Use, as well as Privacy Policy set forth at https://www.shar.es/privacy/ (collectively, the “Agreement”) govern your access and use of the Site and are a legally binding contract between you (“you”, or “your”) and ShareThis, Inc. (“we”, “us” or “our”). Please read this Agreement carefully. By using the Site, you are indicating your acceptance of this Agreement, and you agree to be bound by all terms and conditions herein. If you do not agree to all the terms and conditions of this Agreement, you do not have any right to use the Site. If these terms of use are considered an offer by us, acceptance is expressly limited to the terms and conditions set forth in this Agreement.

Your privacy is important to us. Our Privacy Policy explains how we collect, safeguard, and disclose information that results from your use of our Site, and also governs your use of our Site. Please read it here: https://www.shar.es/privacy/

BY USING, ACCESSING, VIEWING, CRAWLING, SCRAPING, OR BROWSING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. PLEASE TAKE TIME TO READ THROUGH IT, AND PLEASE DO NOT USE, ACCESS, VIEW, CRAWL, SCRAPE, OR BROWSE THE SITE IF YOU ARE UNWILLING OR UNABLE TO COMPLY WITH THIS AGREEMENT.

1. Definitions.

   "Use" means engaging in any of the following activities: accessing, viewing, crawling, scraping, browsing the Site or its Content, or submitting or sharing any content, links or materials on or through the Site.

   “User” means any person or entity who engages in any Use.

   "Content" means any materials, content or form of input or communication on the Site, such as text, audio, and visuals such as images, videos, and photos.

2. Eligibility. 
   1. Age Requirement. You affirm that you over 18 years of age, and that you are fully able and competent to enter into this Agreement and to comply with its Terms. The Site is not intended for individuals under 18. If you are under 18 years of age, you may not use the Site. 
   2. Authorized Representatives. Users who are accessing the Site or posting content for a company, entity, or organization must be authorized representatives of such company, entity, or organization who meet the foregoing eligibility requirements. Authorized representatives agree to bind the company, entity, or organization to this Agreement and represent and warrant that they have the authority to do so.
   3. Changes to the Agreement. This Agreement may be modified from time to time. Notification of these modifications will be made through the posting of an updated version on this webpage. Be sure to revisit this Agreement often in order to stay knowledgeable of any modifications, as they will automatically be binding on you as a User. Any modifications to this Agreement will take effect immediately upon posting. Your continued Use of the Site after modifications have been posted serves as an indication of your acceptance of the modifications and your agreement to comply with them.
   4. User Accounts. If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your credentials with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
   5. Communications. By creating an account on the Site, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at privacy@sharethis.com.
   6. Site Availability and Restrictions on Access. We reserve the right to make updates, revisions, and modifications to the Site at any time, for any reason, at our discretion. The Site may be discontinued at any time without notice, accountability, or liability. We reserve the right to use any means reasonably necessary to prevent unauthorized access to the Site. We are not responsible to monitor any Users or Your Content. However, if we have reason to suspect that the Agreement has been violated, we reserve the right to investigate the incident and the Users involved, remove or block specific content, block Users from the Site, and/or refer matters to law enforcement authorities (which may include disclosure of Your Content in connection therewith).
   7. Ownership. The Site and its software, and our platform, trade names, trademarks, service marks and Content (excluding Your Content) (collectively, “Share.es IP”) are our property and/or the property of our affiliates and licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. We reserve all rights not expressly granted in and to the Share.es IP. You do not acquire any rights in the Share.es IP and you are not permitted to use it for any purpose without our prior written approval.
   8. Use of the Site and Restrictions on Use. You are granted permission to temporarily access and view the Site for lawful purposes only, and only in accordance with the terms of this Agreement. This is the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of the restrictions contained in this Agreement. You agree to comply with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.

3. Prohibited Activities. You agree that you will NOT participate or engage in, nor encourage or aid others to participate or engage in, directly or indirectly, any of the following:
   • Modify, reproduce or copy the Site or Content; attempt to decompile, disassemble, distribute, translate, adapt or reverse engineer any software, Content or elements contained on the Site or create any derivative works therefrom; remove any copyright or other proprietary notations from the Site; or transfer the Content to another person or “mirror” the Content on any other server.
   • Use the Site for keyword spamming or attempting to influence organic search results.
   • Use the Site in a manner that is illegal, threatening, fraudulent or harmful, or that promotes any illegal, threatening, fraudulent or harmful activities.
   • Use the Site in a manner that violates the rights of other Users or third parties, such as breaching a third party’s right of confidence, copyright, trademark, patent, trade secret, moral rights, privacy rights, or any other rights, whether intellectual or proprietary.
   • Use the Site for submitting or communicating any material or content that contains false, misleading, deceptive, unlawful, obscene, indecent, illegal, libelous, defamatory, infringing or pornographic material or information.
   • Use the Site for solicitation of material from minors, or in any manner that could bring about potential harm to minors.
   • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Site, or which may harm or offend Users of Site or expose them to liability.
   • Use the Site to crack passwords or security encryption codes, disrupt, work around or interfere with security measures, or otherwise use the Site for any purpose that interferes with security or causes harm to the Site or Content.
   • Use the Site or submit any material or content as a means of transmitting destructive items such as viruses, worms, Trojan horses, or any devices, software or routine designed to interfere with the proper working order of the Site, or perform data mining of the Site.
   • Attempt to access, index, or retrieve Content or the purpose of populating another database through the use of any automated device, robot, spider, or site search/retrieval application. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content, but not caches or archives of such materials.
   • Attempt to gain unlicensed admission to the Site or any of its computer systems or networks connected thereto by means of hacking, password mining, or by any other illegal or unethical means.
   • Reformat or frame any part of the Site.
   • Impose a load that is unreasonable or too large on the Site's infrastructure, or make unnecessary traffic demands.
   • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the Site.
   • Share.es usernames or domain names may not be sold, hoarded or traded. You may not register a username without the intention of using it, or with the intention to ‘domain squat’, to prevent others from using it, or to profit from reselling it.

4. Prohibited Content. You agree that you will NOT upload, post, share or link to the following types of content:
   • Adult content, including nudity, obscene content and/or sex work.
   • Hate speech or other content or beliefs that cause harm, incite hatred or violence, or discriminate against individuals and groups based on race, skin color, national origin, religious beliefs, sex, gender, sexual orientation, age, veteran status, disability or medical condition.
   • Any content promoting electoral fraud, including any content that impedes or is intended to impede any electoral process, or that violates or is intended to violate any voting or electoral-related laws or regulations.
   • Illegal goods and services, including any content that advertises, encourages, or facilitates the sale of regulated or illegal goods, services, or activities, such as:
   • alcohol
   • controlled substances
   • tobacco products, including e-cigarettes
   • weapons, weapon schematics, accessories and ammunition, including firearms and replicas
   • fireworks and explosives
   • body parts or bodily fluids
   • endangered or protected species or parts of them
   • regulated plants, insects or animals
   • offers for adoption/surrogacy
   • counterfeit goods, including duplicates of established brands
   • recalled items
   • stolen items
   • multi-level marketing schemes
   • embargoed goods
   • hazardous/toxic materials
   • ID documents
   • personal information or mailing lists
   • gambling, casino and betting games
   • human trafficking
   • Any content intended to scam or spam users, including links to other sites that may collect personal information under false pretenses, creating a large number of accounts to advertise goods or services or to incentivize traffic to other sites, or creating a large number of accounts to collect affiliate payments.
   • Any content that does, is likely to or is intended to intimidate, harass, threaten, or bully.
   • To advertise, propagandize, praise, or collect funds for extremist groups or their activities.
   • Any content that does or is likely to harm minors (including without limitation child sexual abuse material, solicitation of minors, or imagery that feature underage individuals within an inappropriate context). We reserve the right report any cases of child endangerment or harm to relevant authorities. Any content designed for minors must not promote any content that is inappropriate, or that exploits or exerts undue pressure on the targeted individuals.
   • Any content promotes or idealizes suicide, self-mutilation, or eating disorders.
   • Any content intended to shock or disturb visitors such as gore, mutilation, excessive violence or abuse.
   • Any content that infringes any intellectual property rights (including copyright, trademarks, and patents). If you believe your intellectual property rights are being infringed because of content on Share.es, please contact us.
   • Any content that exposes others’ personal identifying information (billing details, IDs, etc.), that collects identifying information without the appropriate legal basis (e.g. explicit consent), or exposes private media
   • Any content that impersonates other individuals or organizations
   • Any content that contains or spreads misinformation or disinformation.

9. Responsibility for Your Content; Permission to Use Your Content.

   A. You may submit Content (e.g., text, photographs, graphics, videos, links) and/or user comments ("User Comments") to the Site (collectively referred to as "Your Content"). Whether or not any of Your Content is published, you agree that we do not guarantee any confidentiality with respect to any Your Content.

   B. You are solely responsible for Your Content and the consequences of submitting it. You represent, and/or warrant that you own or have all the necessary licenses, rights and permissions to use and authorize us to use Your Content, including all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights therein in the manner contemplated by this Agreement. By submitting Your Content to us, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, adapt, modify, sell, reproduce, distribute, prepare derivative works of, display and perform Your Content (in whole or in part) on and/or through the Site. Such license also includes, without limitation, the right to: (i) use Your Content for promotional purposes to promote the Site; and (ii) for us to make Your Content available to other users of Site, who may also use your Content subject to this Agreement. Accordingly, you also grant each User a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, display and perform Your Content as permitted through the Site under this Agreement.

   C. You will not submit Content, materials or submissions that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein. You agree and acknowledge that we do not endorse any of Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content.

   D. If you provide feedback to us regarding the Site, Content, or any other matters ("Feedback"), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose. You represent and warrant that your Feedback does not contain any materials, Content or information that are confidential or proprietary to any third parties.

10. Termination.

    A. We reserve the right to suspend or revoke (temporarily or permanently) your Use of the Site at any time and for any reason, without notice or liability. We may terminate this Agreement at any time. If we suspect that you have violated any provision of this Agreement, we may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. You remain solely liable for all obligations related to your Use, even after you have stopped using the Site. You may discontinue your Use of the Site at any time.

    B. We reserve the right to decide whether Your Content is appropriate and complies with this Agreement. We may remove any or all of Your Content and/or terminate a User's access at any time, without prior notice and at our sole discretion.

11. Copyright Notices. ShareThis, Inc., take claims of copyright infringement seriously. If you believe any materials accessible on or from the Site infringe Your copyright, You may submit written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

    – your physical or electronic signature.

    – Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.

    – Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

    – Adequate information by which we can contact You (including Your name, postal address, telephone number and, if available, e-mail address).

    – A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

    – A statement that the information in the written notice is accurate.

    – A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    Our designated Copyright Agent to receive DMCA Notices is:

    DMCA Claims c/o ShareThis

    3000 El Camino Real, Building 4, Suite 200, Palo Alto, CA 94306

    privacy@sharethis.com

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be processed. Please also be aware that if You knowingly materially misrepresent that material or activity on the Site is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

12. Links to Other Web Sites. Our Site may contain links to third party web sites, media or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites, media or services. We do not warrant the offerings of any of these entities/individuals, and you acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third party web sites, media or services. We strongly advise you to read the terms of service, media and privacy policies of any third party web sites or services that you visit.

13. Warranties, Disclaimers, and Limitations of Liability.

    A. NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, ARE MADE BY US AS TO (1) THE SITE OR ITS OPERATION OR FUNCTIONALITY, (2) THE SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY AND ACCURACY AND NON-INFRINGEMENT OF ANY CONTENT OR MATERIAL ON THE SITE, OR (3) ANY MATERIAL, ADVERTISEMENTS, PRODUCTS OR SERVICES PROMOTED, DISTRIBUTED OR SOLD BY USERS, ADVERTISERS OR OTHER THIRD PARTIES ON THE SITE. THE SITE ALL CONTENT CONTAINED ON THE SITE IS MADE AVAILABLE ON AN "AS IS" BASIS. YOU ARE RESPONSIBLE FOR CREATING BACKUPS OF YOUR OWN CONTENT.

    B. WE DISCLAIM ALL REPRESENATIONS AND WARRANTIES WITH RESPECT TO THE SITE, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    C. WE DO NOT ACCEPT, AND EXPRESSLY DISCLAIM, ALL LIABILITY FOR LOSSES OR DAMAGE ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH THE BUSINESSES, ADVERTISERS OR USERS WHO POST, MAKE AVAILABLE OR DISTRIBUTE ANY CONTENT OR ADVERTISING ON THE SITE. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY CONTENT, YOUR CONTENT, OR ANY TRANSACTION OR INTERACTION BETWEEN YOU AND ANY USERS, OR BETWEEN YOU AND ANY THIRD-PARTY ADVERTISERS OR PROVIDERS OF PRODUCTS OR SERVICES.

    D. IN NO EVENT SHALL WE OR OUR AFFILIATES, PARENTS, SUBSIDIARIES, MANAGERS, MEMBERS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, CONTENT, YOUR CONTENT OR THE PRODUCTS AND SERVICES AVAILABLE OR ADVERTISED ON THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS APPLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

    E. OUR MAXIMUM TOTAL LIABILITY (AND THAT OF OUR AFFILIATES, PARENTS, SUBSIDIARIES, MANAGERS, MEMBERS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, SUPPLIERS, AND AGENTS) TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE LESSER OF: (I) THE AMOUNTS PAID BY YOU TO US FOR USE OF THE SITE DURING THE SIX (6) MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM AROSE, OR (II) $10.00.

    F. THE ABOVE ALLOCATION OF RISK IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE SITE IS CONTROLLED AND OFFERED BY US FROM OUR FACILITIES IN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THEIR LOCAL LAW.

14. Indemnity. You will indemnify, defend and hold harmless us and our parents, subsidiaries, licensors, affiliates, suppliers and partners, and the officers, employees, agents and representatives of each of them from and against any and all costs, liabilities, obligations, damages, losses, debts and expenses (including reasonable legal fees and costs) arising from or related to: (i) your Use of the Site, (ii) Your Content; (iii) your violation of any of the terms and conditions in this Agreement, and/or (iv) any infringement or violation by you or a third party that may be using your account of any intellectual property right, proprietary right or other right of any person or entity. You may not settle any claim without our prior written consent. This defense and indemnification obligation will survive this Agreement and your termination of use of the Site.

15. Third Party Content and Terms. You may encounter links to other websites, content or media ("Third Party Sites") on the Site. Be aware that no Third Party Sites are endorsed, supported, or controlled by us. You agree that the accountability for Third Party Sites, including their content, privacy policies and practices, lies solely with the owners and operators of such Third Party Sites and not with us. By using the Site, you expressly relieve us from any and all liability arising from your use of any Third Party Site. If you use any social sharing features available on the Site (e.g., functionality which allows you to share Content on or from the Site with a social network or platform), you agree to comply in all respects with the social network or platform’s terms of use, policies and rules (collectively, “Platform Policies”). You are solely responsible for adhering to all applicable Platform Policies.

16. Miscellaneous. This Agreement is governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Santa Clara County, California for all matters arising under this Agreement. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by us as described above. This Agreement does not provide you with the authority to bind us in any way whatsoever. No waiver shall be constituted due to a failure on our part to exercise or enforce any of the rights or provisions outlined within this Agreement. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. You shall not assign this Agreement. Any assignment made in violation of this Agreement will be void. We reserve the right to transfer or assign these Terms of Use or the Agreement without restriction. You agree that regardless of any statute or law to the contrary, any claim or cause of action against us arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. All notices to us in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows or to such other address as we may designate pursuant to this notice provision. Notices to us shall be sent via email to privacy@sharethis.com

    or to the following mailing address:
    Attn.: Legal
    ShareThis, Inc.
    3000 El Camino Real
    Building 4, Suite 200
    Palo Alto, CA 94306, USA
    Last Updated: August 31, 2023