Last modified: Jan 8, 2014

This Application Developer and API License Agreement (the “Agreement”),

effective as of the date of acceptance of this Agreement (the “Effective

Date”), is by and between Tumblr, Inc. (“Tumblr”) and you, or the individual,

company or other entity that you represent (“Licensee” or “you”). Consumers

of the Tumblr Firehose, as defined below, may additionally be required to

execute a separate services agreement governing their access to that resource

(the “MSA”). If you are entering into this Agreement on behalf of a company

or other entity, you represent and warrant that you have authority to bind

such company or other entity to this Agreement. Before building applications

on Tumblr's platform, particularly those using the Tumblr firehose and/or API,

you have to agree to this contract.

By building applications that interact with Tumblr's products and services (the

“Tumblr Services”) or by using the Tumblr API (as defined below), including but

not limited to requesting authentication credentials or making calls to the

Tumblr API, you unconditionally consent and agree to be bound by and a party to

this Agreement.

This Agreement sets forth the rules around use of the Tumblr Services, the

Tumblr API, and content shared on Tumblr that is accessible (through the Tumblr

API or otherwise) for application development. Our hope is to encourage a

thriving ecosystem of applications built on top of Tumblr, balanced against

protection of our network, our users, and our business. If you feel that we

should make changes to this Agreement, or if you seek a waiver from certain

provisions herein, please contact us at [[email protected]].

1. Purpose.

a. Use of Licensed Materials. This Agreement governs your use of

the following, all of which collectively are the “Licensed Materials”,

to develop applications: (a) Tumblr's application programming interface

(“API”) and any accompanying or related documentation, source code,

executable applications and other materials (collectively, the “Tumblr

API”), including, but not limited to, as made available through

Tumblr’s developer website (the “Developer Website”), as modified from

time to time; (b) the Tumblr feed of realtime or near realtime post

information (the “Tumblr Firehose”) (c) information in any way related

to accounts, blogs, and/or websites hosted on the Tumblr Services (the

“Blog Information”); (d) content posted to the Tumblr Services (the

“Posted Content”); (e) Tumblr user profile information (“Tumblr

User Information”); and (f) any other content or material made available

through the Tumblr API or Tumblr Firehose, including but not limited to

private messages sent and/or received by Tumblr users and native Tumblr

actions such as Tumblr likes, reblogs, and replies (collectively with

the Blog Information, the Posted Content, and Tumblr User Information,

the “Content”).

b. Use of Tumblr Marks. This Agreement also governs your use, and

restrictions on such use, of Tumblr’s name, trademarks, service marks,

logos, and other branding made available for use in connection with the

Licensed Materials (the “Tumblr Marks”).

2. License. Subject to the terms and conditions of this Agreement,

including the restrictions set forth in the Section titled “Restrictions”,

Tumblr grants you a nonexclusive, nontransferable, nonsublicensable,

worldwide, revocable right and license during the Term to: (a) use and

make calls to the Tumblr API and Tumblr Firehose, and to make use of the

Tumblr Services (and Licensed Materials accessible therefrom) to develop,

implement and distribute software applications, services or products (the

“Licensee Applications”); (b) use, reproduce, distribute, transmit,

display and perform the Content, and modify (i.e., alter in any manner)

the Content only to the extent necessary to format and display it through

the Licensee Applications; (c) additionally in the case of the Tumblr

Firehose, to manipulate information and Content from the Tumblr Firehose for

the purposes of non-public analysis and search; and (d) use and display the

Tumblr Marks only to identify that the Licensed Materials originate from the

Tumblr Services.Licensee Applications do not include those applications that

use or access the Tumblr API, Tumblr Firehose, or Tumblr Services in order

to monitor the availability, performance, or functionality of any of the

Tumblr API, Tumblr Firehose, or Tumblr Services, or for any other

benchmarking or other competitive purposes.

As part of allowing applications to be built on and connected to Tumblr's

products and services, whether or not using the Tumblr API, we give you

access to a bunch of tools, including the API itself, the developer

documents and content posted to Tumblr blogs. This license gives you the

right to use those materials to make apps of all kinds, and also gives you

the right to use Tumblr’s trademarks to identify that the apps are

built on top of Tumblr's products and services.

3. Restrictions. The licenses granted in the Section titled

“License” are explicitly conditioned on your adherence to the following

restrictions.

There are a few things you aren't allowed to do as a Tumblr application

developer...

a. Compliance with this Agreement and Tumblr's Policies and

Guidelines. You must comply with this Agreement, the Tumblr Terms of

Service, the [Tumblr Privacy Policy], the [Tumblr Trademark Guidelines], and

the [Tumblr Community Guidelines] (together, the “Tumblr Policies”) in all

uses of the Licensed Materials. If Tumblr believes, in its sole

discretion, that you have violated or attempted to violate any term,

condition, or the spirit of this Agreement, you're license to and ability

to use and access the Licensed Materials may be temporarily or

permanently revoked, with or without notice.

Complying with these restrictions is really important. In particular,

the spirit of the Agreement is clear, and if you find a strict

loophole in the language, we may still revoke your access. If you’re

concerned about whether or not your violating this Agreement, or any of

our other policies or guidelines, please e-mail us at [[email protected]]

b. Obtaining and Maintaining an API Key. In order to use the

Tumblr API or Tumblr Firehose, you must obtain appropriate API

credentials (an “API Key”) via registration on the Developer Website.

You will not share your API Key, will keep your API Key secure, and will

use it as your sole means of accessing the Tumblr API or Tumblr

Firehose.

c. User Login via OAuth; Account Creation. Licensee Applications

must present users with the ability to log into the Tumblr Services

through the Tumblr API via the OAuth protocol. Users without an account

on the Tumblr Services must be presented with an opportunity to create

an account.

d. No Substantial Replication. You will not substantially

replicate products or services offered by Tumblr, but are explicitly

permitted to create specialized versions or extensions of such products

or services. For example, you aren't permitted to fully replicate the

Tumblr Dashboard or Tumblr mobile applications, but may create

specialized views of Content from blogs followed by a user. In addition,

you won't use the Licensed Materials or other information collected from

users of Licensee Applications to create or maintain a separate blogging

platform, social or media network, or other similar product or service.

Don't re-implement the Dashboard, and don't recreate complete Tumblr

functions or clients on a platform where Tumblr already has an official

client (like web, iPhone, Android, or Windows Phone 8).

e. No Modification of Tumblr Dashboards or Content Streams. You shall not

remove or insert Content when displaying a user's Tumblr Dashboard or

other streams of Content, including but not limited to (i) removing or

inserting any advertisements or other sponsored material or (ii)

removing other Content inserted by Tumblr. You shall further not reorder

Content in a user's Tumblr Dashboard and shall present that Content in

the order provided by the Tumblr API or Tumblr Firehose. In addition,

your advertisements or sponsored material cannot replicate the look and

feel of, or reasonably be confused by users as, a piece of Content and

should be clearly separated from Content.Don't mess around with the

order of posts in the Dashboard and don't inject in-stream ads or use

ads that look like Tumblr posts.

f. No Syndication or Distribution. Licensee Applications are

strictly prohibited from syndicating or distributing Content in

any manner, public or private, including but not limited to public

redisplay of any Content.

g. No In-Network Promotions. Licensee Applications may not promote

any Content to or within the Tumblr network (“In-Network Promotions”),

including if payment is received for such In-Network Promotions. For

example, Licensee Applications may not create ranking systems or

directories for Tumblr blogs or posts and promote those rankings or

directories within or outside of the Tumblr Services.

Don't inject in-stream ads. Don't offer special placement or promotion

to specific Tumblr blogs or content within your app, especially for

money, and don't implement ranking systems.

h. No Marketplaces or Other Aggregators or Repositories of Code or

Applications. You aren't permitted to create any sort of marketplace or

other aggregator or public repository (a “Marketplace”) of code or

applications that predominantly uses or collects the Licensed Materials

or Licensee Applications. Examples of such Marketplaces include, but are

not limited to, collections of Tumblr blog themes, collections of Tumblr

extensions or plugins, and non-general purpose collections comprised

solely of Licensee Applications. In addition, you shouldn't participate

in such prohibited Marketplaces.

Tumblr should be the single point of origin for any apps, extensions, or

code that we provide tools to aggregate. That includes blog themes and

our official apps.


This is a serious security and quality issue for our business and our

bloggers. For example, themes not hosted in our [Theme Garden] have not

been vetted by our team and have historically been a significant vector

for spam and identity theft. To be clear, you are otherwise allowed and

encouraged to distribute your applications on general purpose app

stores.

i. No Export for the Purpose of Replication, Repackaging or Resale. You

won't, under any circumstances, export Content to a datastore intended

to replicate, in whole or in part, Tumblr’s datastore, nor will you

repackage and/or resell the Licensed Materials, including any Content,

in any manner, including but not limited to by offering access to the

Licensed Materials through your own API. For the sake of clarity, this

restriction is not intended to apply to Licensee Applications that may,

at the request of a user, export such user’s Content for the purposes of

data portability.

You won’t try to archive or resell Tumblr data, excluding data

portability applications.

j. No Compromising Tumblr Security. You aren't permitted to use

the Licensed Materials in any manner that does or could potentially

undermine the security of the Tumblr Services or the Licensed Materials.

In addition, you won't, and won't attempt to, (i) interfere with, modify

or disable any features, functionality or security controls of the

Tumblr Services, Tumblr API, or Tumblr Firehose, (ii) defeat, avoid,

bypass, remove, deactivate or otherwise circumvent any protection

mechanisms for the Licensed Materials, or (iii) reverse engineer,

decompile, disassemble or derive source code, underlying ideas,

algorithms, structure or organizational form from the Tumblr Services,

Tumblr API, or Tumblr Firehose.

k. Reporting Security Flaws and Unauthorized Access. You will

immediately report to Tumblr any security flaws you discover in any of

the Tumblr Services or the Licensed Materials. Tumblr reserves the

right, in its sole discretion, to determine what constitutes a security

flaw. You will also immediately report any actual or suspected

unauthorized access to the Tumblr API or Tumblr Firehose using your

credentials. Failure to report such flaws or unauthorized accesses,

particularly prior to public disclosure, shall be considered a material

breach of this Agreement.

Be a good citizen: report suspected security issues to us before making

them public. You can send security flaw reports to

[[email protected]].

l. No Phishing, Malware, or Identity Theft. You will not publish or

link to malicious content intended to damage, disrupt, compromise, or

exploit a user’s browser, computer, mobile (or other) device, or Tumblr

account or to compromise a user’s privacy in any manner. In addition,

you won't collect, or try to collect, a user’s Tumblr credentials,

including but not limited to usernames or passwords.

m. No Spamming. You won't use the Tumblr Services, Tumblr API, or

Tumblr Firehose, and won't create Licensee Applications, for the purpose

of “spamming.” Tumblr reserves the right, in its sole discretion, to

determine what actions constitute “spamming”. “Spamming,” includes, but

isn't limited to, posting numerous substantially identical pieces of

Content, posting misleading or obfuscated links, and executing a large

number of native Tumblr actions (e.g., posting, reblogging, liking,

following) in an unnaturally short period of time.

n. Respect for Limitations. You will respect the letter and the

spirit of the programmatic limitations of the Tumblr API and Tumblr

Firehose and the restrictions of this Agreement in designing and

implementing Licensee Applications. For example, you won't work around

any explicit Tumblr API or Tumblr Firehose limitation, even if such is

possible by avoiding use of the Tumblr API or Tumblr Firehose. Specific

prohibited actions include “page scraping”, which is the process of

downloading and parsing whole Tumblr pages in order to build Licensee

Applications with capabilities beyond those provided by the Tumblr API

or Tumblr Firehose. In addition, you will comply with any limitations

imposed by Tumblr on the frequency of access, calls and use of the

Tumblr API and Tumblr Firehose.

We've put a tremendous amount of care into making Tumblr's API

functional and flexible enough for any projects you'll throw at it, and

while we add new features frequently, certain features and data are not

yet available. We ask that you respect these limitations, as well as any

rate limits that we may place on actions, which are designed to protect

our systems.

o. No Content Modifications. Unless you are legally permitted to

do so, you won't use the Licensed Materials to make any modifications to

any Content, other than to modify the formatting of such Content in

order to display it in a manner appropriate for the pertinent Licensee

Applications.

p. No Circumvention or Reverse Engineering; Maintenance of Proprietary

Notices. You won't, and won't attempt to: (i) interfere with, modify or

disable any features or functionality of the Tumblr Services, Tumblr

API, or Tumblr Firehose including, without limitation, any mechanisms

used to restrict or control the Tumblr Services, Tumblr API, or Tumblr

Firehose such as anti-circumvention measures; (ii) translate, reverse

engineer, decompile, disassemble or derive source code, underlying

ideas, algorithms, structure or organizational form from the Tumblr

Services or the Licensed Materials; (iii) defeat, avoid, bypass, remove,

deactivate or otherwise circumvent any protection mechanisms for the

Tumblr Services or the Licensed Materials; or (iv) remove or modify any

proprietary notices, attribution or marks from or delivered as part of

the Tumblr Services or the Licensed Materials.

q. Genuine Actions. You won't create Licensee Applications with

capabilities that do not reflect explicit, genuine expressions of user

intent and permission. For example, Licensee Applications should not

automatically follow blogs, should not like, reblog, or reply to Content

without explicit user direction to do so, and should not post to the

Tumblr Services on a user’s behalf without (i) a specific interaction

informing a user that such user is making a post, and notifying the user

where that post will go, and (ii) an explicit action by such user

evincing permission for making the post (e.g., a Licensee Application

should not automatically generate a post indicating that a user has

signed up for it). In addition, a Licensee Application should not

require a user to generate a post as a prerequisite to using the

application or a feature of the application.

Make sure any actions triggered on Tumblr are what your users expect and

intend. Don't automate user commands like following, liking, or

reblogging. Don't encourage insincere gestures, by for example, creating

“follow trains”.

r. No Continuous Playback. You won't use the Tumblr Services, the Tumblr

API, or the Tumblr Firehose in a manner that enables sequential,

continuous and/or uninterrupted playback of any Content, including but

not limited to video, audio, or images.

For performance reasons, at this time we don't allow apps that allow

continuous playback of media without user input.

s. Indicating Use of the Tumblr Services and the Licensed Materials. In a

prominent location in all Licensee Applications, you should, to the

extent reasonable based on the nature of the Licensee Application,

indicate that the application has been created using the Tumblr Services

and/or the Licensed Materials. You will comply with the [Tumblr Trademark

Guidelines] when making that indication.

Make sure to say somewhere in your application that you’re building an

application using resources from Tumblr.

For example, you could say “Powered by Tumblr”.

t. Use of Tumblr Marks. You won't, under any circumstances: (i) include in

or use the Tumblr Marks, or any marks that are confusingly similar to or

derivative of the Tumblr Marks (including without limitation, “TUMBL”,

“TUMBLOG”, “TUM” and “BLR”) (“Confusing Marks”), as part of your trade

name (registered or otherwise), logos, or other identifiers; (ii)

include in or use the Tumblr Marks or any Confusing Marks as part of any

names, domain names, logos, or other identifiers of Licensee

Applications; or (iii) use the Tumblr Marks or Confusing Marks in a

manner that creates or may create a sense of endorsement, sponsorship,

or association with Tumblr, unless expressly permitted by Tumblr, in

writing, to do so. All use of the Tumblr Marks, and any goodwill arising

out of such use, shall inure to the benefit of Tumblr. You may freely

state and disclose that you are using the Tumblr Services, Tumblr API,

or Tumblr Firehose, as long as you adhere to all restrictions on the use

of the Tumblr Marks stated in this Agreement, including those stated in

the [Tumblr Trademark Guidelines]. You have a responsibility to make sure

users know your app was not built or endorsed by Tumblr.

u. No Misleading Users. You may not, under any circumstances, whether

within a Licensee Application or in materials discussing or concerning a

Licensee Application, mislead, confuse or cause misapprehension or

confusion among users as to the features, functionality, origin,

capabilities, or other aspects of that Licensee Application, Tumblr, the

Tumblr Services, or the Licensed Materials.

You should not advertise or otherwise discuss your application in a way

that confuses or misleads users about the application or about Tumblr.

v. Monitoring. Tumblr reserves the right to monitor your use of the

Licensed Materials for any reason or no reason, including to ensure your

compliance with the terms and conditions of this Agreement.

w. Reporting and Statistics. You will ensure that all Licensee Applications

properly and accurately use all reporting functionality that is made

available through aspects of the Tumblr API or Tumblr Firehose that are

used by such Licensee Applications.

When you register an application or report other data to us, you’ll make

an effort to ensure that that information is accurate.

x. Attribution. You agree to maintain proper attribution for all pieces of

Content to (1) the Tumblr blog that posted such Content (the “Posting

Blog”) and (2) the source of the Content, if such source was provided in

the Licensed Materials (the “Source”). At no time will you falsely

attribute Content. For the sake of clarity, this means that your

Licensee Applications won't display any Content without attribution to

the Posting Blog and Source (if available), as delivered in the Licensed

Materials. In addition, you and your Licensee Applications won't modify

or remove any proprietary notices, attribution or marks from the

Licensed Materials.

Attribution is really important for bloggers and content creators. You

should make sure blog posts properly attribute both the posting blog

and the origin source (when available).

4. Modifications. You acknowledge and agree that Tumblr may modify (including

but not limited to updating) this Agreement, the Tumblr Services, the

Licensed Materials, and the Tumblr Policies from time to time (a

“Modification”). Except for modifications of the Tumblr Services, you will

generally be notified about Modifications through notifications or posts on

the Developer Website or through a form of direct communication from Tumblr

to you, including but not limited to e-mail or notifications provided

through the Tumblr Services. A Modification to this Agreement will become

effective fourteen days after we have posted the Modification and provided

you notification of the Modification. You otherwise acknowledge and agree that

the Tumblr Services and the Licensed Materials may be modified at any time and

without any notice to you. You will, within thirty (30) days from the date

of first notice of any Modification(s) (or such shorter period of time

specified in the notice of the Modification(s)) comply with such

modification(s) by implementing and using the most current version of the

Licensed Materials and making any changes to Licensee Applications that may

be required as a result of such Modification(s). You acknowledge that a

Modification may have an adverse effect on your Licensee Applications,

including but not limited to changing the manner in which those Licensee

Applications communicate with the Tumblr Services and display Content. Your

sole recourse for such adverse effects is to terminate this Agreement

pursuant to the Section titled “Termination”. Your continued access to or

use of the Tumblr Services or any Licensed Materials following such thirty

(30) day period shall constitute binding acceptance of the applicable

Modification(s). Tumblr will attempt, but is not obligated, to provide

thirty (30) days notice of any Modification that is not backwards

compatible or that Tumblr reasonably believes will remove or materially

alter significant functionality of the Tumblr API.

We often have to modify our services and APIs, and also may have to modify

this agreement, so here we reserve that right. We’ll give you as much

notice as we can, but you need to comply with the modifications within 30

days or your access to Tumblr and/or our APIs may be revoked.

5. Ownership.

Tumblr and/or its users own and have all rights to everything except your

application; you own and have all rights to your application excluding

all of the other stuff.

a. Tumblr. Tumblr and its licensors, particularly its users, retain all

worldwide right, title and interest in and to the Licensed Materials,

including all worldwide intellectual property rights therein. As between

you and Tumblr, Tumblr owns all right, title and interest in and to the

Tumblr Services, the Tumblr API, the Tumblr Firehose, the Tumblr Marks,

any Tumblr-owned Content, and any derivative works or enhancements

thereof, including but not limited to all worldwide intellectual

property rights therein. You agree not to act in any manner inconsistent

with such ownership. Any of Tumblr’s rights not expressly granted under

this Agreement are withheld. You agree that you will not challenge

Tumblr’s ownership of the Tumblr Services, the Tumblr API, the Tumblr

Firehose, the Tumblr Marks, or any Tumblr-owned Content, challenge the

validity of the licenses granted under this Agreement, or otherwise copy

or exploit the Tumblr Services, the Tumblr API, the Tumblr Firehose, the

Tumblr Marks, or any Tumblr-owned Content during or after the

termination of this Agreement, except as expressly authorized under this

Agreement. If you acquire any rights in the Tumblr Services, the Tumblr

API, the Tumblr Firehose, the Tumblr Marks (or any confusingly similar

marks), or any Tumblr-owned Content, by operation of law or otherwise,

you will, at no expense to Tumblr, immediately effectuate an assignment

of such rights to Tumblr.

b. Licensee. As between you and Tumblr, you retain all worldwide right,

title and interest in and to the Licensee Applications, excluding the

Tumblr Services, the Licensed Materials, the Tumblr Marks, and any

derivative works or enhancements thereof, including but not limited to

all intellectual property rights therein.

c. Feedback. You may provide Tumblr with feedback or comments related to

the Licensed Materials and/or your experience with and use thereof

(“Feedback”). You agree that Tumblr and its designees and assigns shall

be free to copy, modify, create derivative works of, publicly display,

disclose, distribute, license, sublicense, incorporate, and otherwise

use Feedback, including all derivative works thereto, for any and all

purposes, commercial or otherwise, with no obligation of any kind to

you.

6. Support.

a. This Agreement does not entitle you to any support for the Licensed

Materials, unless you make separate arrangements with Tumblr. Any such

support provided by Tumblr shall be subject to the terms of this

Agreement as modified by a separate support agreement. You are solely

responsible for providing all support and technical assistance to end

users of your Licensee Applications. You acknowledge and agree that

Tumblr has no obligation to provide support or technical assistance

directly to your end users and you shall not represent to any of your

end users that Tumblr is available to provide such support.

We’ll do our best, but we can't guarantee any support for you or your

Licensee Applications. We also can’t support your users. You promise

that you’ll do your best to support your own applications.

7. Content.

a. Creation of Content. If a Licensee Application allows a user to post

Content (i.e., to generate material that will be hosted on the Tumblr

Services): (i) the Licensee Application will acquire that user’s

affirmative permission to post such Content, (ii) the Licensee

Application will promptly provide such Content to the Tumblr Services;

(iii) the Licensee Application will provide the user a prominent and

clear disclosure detailing how you may use such Content separately from

transmitting that Content to the Tumblr Services and seeking the

necessary licenses for you to use that Content as disclosed; (iv) your

use of Content must adhere to the restrictions set forth in the Section

titled “Restrictions”; (v) you must provide the user prominent access

via URL to the Tumblr Policies; and (vi) you may provide Tumblr with an

application identifier that Tumblr may display in conjunction with the

Content.

If your application allows people to post to Tumblr, you need to: get

their consent, be open with them about their rights and responsibilities

regarding their content and actually provide that content to Tumblr.

b. Changes to Content. When you have been notified (for example, through

the Tumblr API), you will within twenty-four hours after such notification,

honor any changes made on or related to Content (including, but not

limited to, by modifying applicable Licensee Applications), including but

not limited to: (i) deleting or removing Content that has been deleted

or removed from the Tumblr Services; (ii) disabling access to Content on

suspended or terminated blogs; (iii) modify Content that has been modified

on the Tumblr Services; and (iv) change the treatment, in your Licensee

Applications, of Content that has had its sharing options modified. (e.g.,

by removing from display any Content that has been placed behind a password

protected blog). For Content received from the Tumblr Firehose, such

changes must be reflected immediately.

When users content is changed on Tumblr, your application is

required to reflect those changes.

c. Storage and Caching of Content. Under no circumstances will you

or your Licensee Applications store or cache Content for longer than

three (3) days; after three (3) days, you and/or your Licensee

Applications will re-request any such Content. Notwithstanding the

foregoing, storage and caching of Content received from the Tumblr

Firehose will be governed by the terms and duration stated in the

applicable MSA and in the absence of such terms, storage of such Content

shall be governed by this clause.

Apps are not allowed to cache content for more than three days.

8. Privacy.

a. Tumblr User Information. To the extent you have access to and are

permitted to use Tumblr User Information through the Licensed Materials

for a specific Licensee Application, that access and use shall be in

accordance with the then-current [Tumblr Privacy Policy]. You will ensure

that Tumblr User Information disclosed in Content, inadvertently or

otherwise, is not exploited for improper purposes such as identity

theft, fraud, or spamming.

We take privacy seriously, and so should you. If you have access to any

information about a Tumblr user, you have to adhere to our [Privacy

Policy] and otherwise have to make sure that information is treated

carefully.

b. Licensee User Information. You may choose to collect

information relating to users of your Licensee Applications (“Licensee

Application User Information”). If you collect Licensee Application User

Information, you will provide to users an applicable privacy policy that

clearly discloses your information collection, storage, and sharing

practices, including the extent to which such Licensee Application User

Information is disclosed to third parties like Tumblr. Your privacy

policy must: (i) comply and be consistent with all applicable laws and

guidelines, including, but not limited to, data protection regulations

in applicable territories and the applicable guidelines of the U.S.

Federal Trade Commission; (ii) allow disclosure of Licensee Application

User Information to Tumblr, to the extent necessary for your use of the

Licensed Materials, in accordance with the then-current [Tumblr Privacy

Policy]; and (iii) be no less protective of applicable end users than

the then-current [Tumblr Privacy Policy]. You should also ensure that any

collection or sharing of information that would be unusual for the

Tumblr Services is conspicuously noted and that appropriate consents are

obtained from your users.

If you are asking users for more information than Tumblr does, you'll

have to have your own privacy policy that is at least as protective as

ours, and make sure you notify users and get their consent as needed.

9. Confidentiality. You may from time to time, gain access to

proprietary information, technical data, trade secrets or know-how,

including, but not limited to, source code, research, product plans,

products, services, customers, customer lists, markets, software,

developments, inventions, processes, formulas, technology, designs,

drawings, engineering, hardware configuration information, marketing,

finances, or other business information that is either marked as

“confidential” or disclosed in such a manner that it would be reasonably

apparent it should be treated confidentially (“Confidential Information”).

You may use Confidential Information only to the extent necessary to

exercise your rights under this Agreement. You may not disclose

Confidential Information to a third party without the prior express

consent of Tumblr, provided in writing or by email. You agree that you

will protect Confidential Information from unauthorized use, access, or

disclosure in the same manner that you would use to protect its own

confidential and proprietary information of a similar nature and in any

event with no less than a reasonable degree of care.

10. Term and Termination; Survival. This Agreement shall commence

on the Effective Date and will remain in effect until terminated pursuant

to this Section. Either party may terminate this Agreement at any time,

for any reason, or for no reason including, but not limited to, if you

violate any provision of this Agreement. Any termination of this Agreement

shall also terminate the licenses granted hereunder. Upon termination of

this Agreement for any reason, you will stop using, and either return to

Tumblr, or destroy and remove from all computers, hard drives, networks,

and other storage media, all copies of the Licensed Materials and any

Confidential Information in your possession, and shall certify to Tumblr

that such actions have occurred. The Sections titled “Restrictions”,

“Ownership”, “Support”, “Confidentiality”, “Representations and

Warranties”, “Indemnification”, “Disclaimer”, “Limitation of Liability”,

and “Miscellaneous” shall survive termination of this Agreement.

11. Representations and Warranties. You represent and warrant that:

(i) you have the necessary power and authority to enter into this

Agreement, and that the performance of your obligations will not

constitute a breach or otherwise violate any other Agreement or the rights

of any third party arising therefrom; (ii) you will maintain, throughout

the Term, all required rights and licenses related to the Licensee

Applications and the Licensee Applications shall not infringe or otherwise

violate any third party rights, including but not limited to third party

intellectual property rights; and (iii) your uses of the Licensed

Materials do and shall comply with all applicable foreign, federal, state

and local laws, rules, and regulations.

12. Indemnification. You will indemnify and hold Tumblr, its subsidiaries,

affiliates (i.e., any other persons or entities that directly or indirectly

control, or are under common control with, or are directly or indirectly

controlled by, Tumblr) employees, and agents harmless from any and all

claims, damages, losses, liabilities, actions, judgments, costs, and expenses

brought by a third party arising out of or in connection with: (i) any act

or omission by you in connection with your use of the Tumblr Services or

the Licensed Materials; (ii) your use of the Tumblr Services or the Licensed

Materials, including but not limited to other than as expressly allowed by

this Agreement; (iii) your breach of this Agreement, including but not

limited to your representations and warranties herein; or (iv) any Licensee

Application.

13. Disclaimer. The Tumblr Services and the Licensed Materials are provided

“as is” without warranty of any kind. Tumblr disclaims all warranties,

whether express, implied or statutory, regarding the Licensed Materials

and the Tumblr Services, including without limitation any and all implied

warranties of merchantability, accuracy, results of use, reliability,

fitness for a particular purpose, title, interference with quiet

enjoyment, non-infringement of third-party rights and any warranties or

conditions arising out of course of dealing or usage of trade. Further,

Tumblr disclaims any warranty that your use of the Licensed Materials or

the Tumblr Services will meet any or all of your requirements or that such

use will be uninterrupted, error-free, virus-free, or secure. Some states

do not allow the exclusion or limitation of implied warranties, so the

above limitations and exclusions may not apply to you.

These two items are especially important. Please make sure you understand

them.

14. Limitation of Liability. In no event shall Tumblr be liable to

you for any special, incidental, indirect, direct, exemplary, punitive,

compensatory, or consequential damages (including loss of use, data,

business or profits) arising out of or in connection with this Agreement,

whether such liability arises from any claim based upon contract,

warranty, tort (including negligence), strict liability or otherwise, and

whether or not Tumblr has been advised of the possibility of such loss or

damage. Any claim arising our of or relating to this Agreement must be

brought within one (1) year. In any case, Tumblr’s aggregate liability

under this Agreement will not exceed fifty U.S. dollars (US$50.00). The

foregoing limitations will survive and apply even if any limited remedy

specified in this agreement is found to have failed of its essential

purpose. Some states do not allow the exclusion or limitation of

incidental or consequential damages, so the above limitations and

exclusions may not apply to you.

15. Miscellaneous. This Agreement constitutes the entire agreement

among the parties with respect to the subject matter of this Agreement and

supersedes and merges all prior proposals, understandings, and

contemporaneous communications, whether oral, written or electronic. If

any provision of this Agreement is found to be unenforceable or invalid,

that provision will be limited or eliminated to the minimum extent

necessary so that this Agreement will otherwise remain in full force and

effect and enforceable. Any modification of or changes to this Agreement

must be in a writing duly authorized by an authorized representative of

Tumblr or pursuant to the Section titled “Modifications”. You may not

assign any of the rights or obligations granted under this Agreement,

voluntarily or by operation of law (including without limitation in

connection with a merger, acquisition, or sale of assets) except with the

express written consent of Tumblr, and any attempted assignment in

violation of this paragraph is void. Tumblr may assign, transfer or

delegate any of its rights and obligations hereunder without notice or

consent. No agency, partnership, joint venture, or employment relationship

is created as a result of this Agreement and neither party has any

authority of any kind to bind the other in any respect. This Agreement

shall be governed by and construed in accordance with the laws of the

State of New York, including its conflicts of law rules, and the United

States of America. You agree that any dispute arising from or relating to

the subject matter of this Agreement shall be governed by the exclusive

jurisdiction and venue of the state and federal courts of New York County,

New York. You agree that any claim you may have arising out of or related

to this Agreement and/or your use of the Licensed Materials must be filed

within one year after such claim arose; otherwise, your claim is permanently

barred. The section and paragraph headings in this Agreement, along with

all provided annotations, are for convenience only and shall not affect

the interpretation of this Agreement. The failure of Tumblr to enforce any

part of this Agreement shall not constitute a waiver of its right to later

enforce that or any other part of this Agreement. Waiver of compliance in

any particular instance does not mean that Tumblr will waive compliance in

the future. In order for any waiver of any covenant or right under this

Agreement to be binding, such waiver must be memorialized in a writing

duly authorized by Tumblr. Unless otherwise specified, all notices under

this Agreement will be in writing and will be deemed to have been duly

given when received, if personally delivered or sent by certified or

registered mail, return receipt requested; when receipt is electronically

confirmed, if transmitted by facsimile or e-mail; or the day after it is

sent, if sent for next day delivery by recognized overnight delivery

service. All notices to Tumblr shall be sent to [[email protected]]. All

notices to you shall be sent to the location or email address specified in

your Tumblr API or Tumblr Firehose access registration information.

Link to Prior Versions

You will find a link to prior versions of our Application Developer and API

License Agreement below. We have stored these versions on GitHub, which will

also allow you to compare different versions and see what terms have changed:

http://github.com/tumblr/policy/commits/master/api-license-agreement.txt