cle and Publisher must promptly take steps to remedy any non-compliance with these Terms or the Rules. Unless a failure to comply can be cured promptly, Oracle and Publisher will inform each other if either party (a) has reason to believe it cannot comply with these Terms, including the Rules, or its obligations as a data controller of Personal Information. or (b) becomes aware of any circumstances or changes in the Rules likely to prevent it from fulfilling its obligations under these Terms, including the Rules.</li> <li> <u>End User (data subject) Requests.</u> Oracle may provide any End User the ability to access, correct, modify, or delete any Publisher Data related to such End User. If an End User contacts you, you will grant the End User the right, and provide the means, for her to receive a copy of, change, delete or erase, restrict the use of, or obtain, an exportable copy of her Personal Information in accordance with the Rules. You may also limit or end Oracle’s right to use and share such Publisher Data by notifying Oracle with the specific Publisher Data that must be removed or changed.</li> <li> <u>Publisher Notice and Consent</u>. You agree to (a) provide End Users any notices required by the Rules, and (b) obtain End User consent (including opt-in consent), and all necessary End User permissions required for you to use the AddThis Services and to share Publisher Data with Oracle. Notices and consents must sufficiently inform End Users of the purposes for which Publisher Data is shared with Oracle as described in the Privacy Policy. <b>YOU MUST NOTIFY AND CONSULT ORACLE (AT daas.marketing.subscriptionmgmt@oracle.com) IF YOU RELY ON A LEGAL BASIS OTHER THAN END USER CONSENT BEFORE USING THE SERVICES OR SHARING PUBLISHER DATA WITH ORACLE</b>.<br> <br>You agree to maintain an easily accessible privacy policy linked to conspicuously from your Publisher Site(s). Your privacy policy links will contain the word "Privacy", "Data Privacy" and "Cookie" (or their equivalents in the applicable jurisdiction) as may be required by the Rules and Your home page will provide any hyperlinks required under the Rules. You must also use notice and consent tools on Publisher Site(s) that comply with the Rules (such as banners or overlays), which inform End Users that the Publisher Site(s) uses Cookies and that by visiting Publisher Site(s), End Users are agreeing to your use of Cookies. Your privacy policy must be easy to understand and provide sufficient details describing (a) what Personal Information you collect and share, (b) the circumstances in which you share it, (c) the purpose(s) for which you share it (including for the purposes specified in the Oracle Privacy Policy), (d) name or type of organization you are sharing it with, and (e) any additional information required under the Rules.</li> <li> <u>Opt-out Requirement for Publisher Sites</u>. You will maintain appropriate policies and practices that enable End Users to opt out of (i) your collection and your sharing of their Personal Information. and (ii) Oracle’s use of Publisher Data as permitted by these Terms. Your privacy policy must allow End Users to opt out of the collection and use of their Personal Information and: (i) for U.S. facing Publisher Sites, include a link to the DAA opt-out program (currently available at http://www.aboutads.info/choices/) or the NAI opt out program (currently available at http://optout.networkadvertising.org). (ii) for EU/EEA Publisher Sites, insert a link to the EDAA opt-out program (currently available at http://www.youronlinechoices.eu). or (iii) in any other global region, provide a link to the Oracle Privacy Policy or to an opt-out program or opt-out mechanism compliant with the Rules and, as necessary, ensure that any opt outs exercised through such mechanism shared with Oracle in a way that allows Oracle to quickly process the opt-out.</li> <li> <u>Adherence to Privacy Standards.</u> You agree that you will not (i) use the AddThis Services to make decisions about an End User’s eligibility for employment, health care, credit or insurance, or for making decisions solely by automatic means where the decision has a significant effect on the End User, or in any way that does or can be used to discriminate against any person or promote bigotry, racism, or harm. (ii) provide to Oracle any data that qualifies as sensitive data under the Rules. or (iii) provide to Oracle any data collected from sites directed to children under the age of sixteen (16) or from site users whose age you know to be under sixteen (16). Oracle may decline to receive Publisher Data at any time. Both parties agree not to discriminate against consumers who have exercised their deletion, opt-out or access rights in connection with the AddThis Services.</li> <li> <u>Transfers of Personal Information.</u> You agree that Oracle may transfer and store Publisher Data globally. Data transfers to Oracle of Personal Information of European Union End Users are made subject to the terms of the EU Standard Contractual Clauses for Controllers (the "<b>Clauses</b>") if: (a) Publisher shares, uses, or processes EU End User Personal Information under these Terms. and (b) such data transfer is: (i)Personal Information subject to any restrictions or requirements under Directive 95/46/EC or Regulation (EU) 2016/679 repealing Directive 95/46/EC (General Data Protection Regulation). and (ii) made 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 the General Data Protection Regulation. Oracle and you agree that incorporating the Clauses into these Terms is a legally binding execution of the Clauses with you as the data exporter and Oracle as the data importer.</li> </ol> <p> <b>1.2 Terms Applicable only to End Users.</b> If you are an End User this Section 1.2 and certain other parts of these Terms apply to you.</p> <p> <u>1.2.1. End User License.</u> 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.</p> <p> <u>1.2.2. Privacy.</u> Collection of Publisher Data on a Publisher Site is governed by the Publisher’s privacy policy which must comply with Oracle's Privacy Policy.</p> <p> <u>1.2.3. Third-Party Content.</u> 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.</p> <p> <u>1.2.4. Eligibility.</u> 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.</p> <p> <u>1.2.5. End User Restrictions.</u> 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.</p> <p> <u>1.2.6. Disagreements and Disputes.</u> 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.</p> <p> <b>1.3 Other Rights, Limits, and Restrictions Applicable to End Users and Publishers.</b> </p> <p> <u>1.3.1. Restrictions.</u> 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. </p> <p> <u>1.3.2. Changes to the AddThis Services.</u> 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.</p> <p> <u>1.3.3. Intellectual Property.</u> 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.</p> <p> <b>II. GENERAL</b> </p> <p> <b>2.1 Warranties and Disclaimers.</b> </p> <p> <u>2.1.1. Publisher Warranties.</u> You warrant that you have 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.</p> <p> <u>2.1.2. Oracle Warranties and Disclaimers.</u> 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.</p> <p> <b>2.2 Term.</b> 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 Publisher 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.</p> <p> <b>2.3 Confidential Information.</b> 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 ("<b>Confidential Information</b>"). 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 the particular information becomes publicly known through no direct or indirect action by you.</p> <p> <b>2.4 Indemnification.</b> 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.</p> <p> <b>2.5 Limitation of Liability.</b> 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.</p> <p> <b>2.6 Export Control Laws.</b> 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.</p> <p> <b>2.7 Miscellaneous.</b> 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 <b>ten (10) days</b> 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