Last Modified: 2012-03-02

Hi and welcome! You are now reading Tumblr’s Terms of Service, meaning the

contract between you and Tumblr when you use Tumblr’s site, services, and

products. You should read this carefully before you use Tumblr. We’ve tried

to be both fair and clear -- if you have any suggestions for improvement,

feel free to [email us]. We've also included several annotations; these

annotations aren't a part of the contract itself, but are intended to help

you follow the text and emphasize key sections.

1. Accepting the Terms of Service

Please read these Terms of Service, our [Privacy Policy], and our [Community

Guidelines] (collectively, the "Agreement") carefully before using

tumblr.com (the "Site") and/or the other domains, products, services, and/or

content provided by Tumblr, Inc. (all of those collectively with the Site,

the "Services") (Tumblr, Inc., a Delaware corporation, collectively with its

agents, consultants, employees, officers and directors, "Tumblr," "we," or

"us"). By using or accessing the Services, you ("Subscriber" or "you") agree

to become bound by all the terms and conditions of this Agreement. If you do

not agree to all the terms and conditions of this Agreement, you shouldn't

and aren't permitted to use the Services.

2. Modifications to this Agreement

Tumblr reserves the right, in its sole discretion, to modify this Agreement

at any time by posting a revised Agreement through the Services and by

providing notice to you that this Agreement has changed, generally via

e-mail where practicable, and otherwise through the Services (such as

through a notification in your Tumblr Dashboard). You are responsible for

reviewing and becoming familiar with any modifications to this Agreement.

Modifications are effective when posted, and your use of the Services

following any such posted modification and notice of same constitutes your

acceptance of the terms and conditions of this Agreement as modified. Note

that, if you have prepaid for any Paid Services (as defined below) prior to

a modification of this Agreement, your use of such prepaid Paid Services is

governed by the version of this Agreement in effect at the time Tumblr

received your prepayment.

3. Use of the Services

Eligibility:

No individual under the age of thirteen (13) may use the Services or

provide any information to Tumblr or otherwise through the Services

(including, for example, a name, address, telephone number, or email

address). You otherwise may only use the Services if you can form a

binding contract with Tumblr and are not legally prohibited from using the

Services.

Service Changes and Limitations:

The Services change frequently, and their form and functionality may

change without prior notice to you. Tumblr retains the right to create

limits on and related to use of the Services its sole discretion at any

time with or without notice. Tumblr may also impose limits on certain

Services or aspects of those Services or restrict your access to parts or

all of the Services without notice or liability. Tumblr may change,

suspend, or discontinue any or all of the Services at any time, including

the availability of any product, feature, database, or Content (as defined

below). Tumblr may also suspend Accounts (as defined below) at any time,

in its sole discretion.

Limitations on Automated Use:

You may not do any of the following while accessing or using the Services:

(a) access, tamper with, or use non-public areas of the Services, or the

computer or delivery systems of Tumblr and/or its service providers; (b)

probe, scan, or test any system or network (particularly for

vulnerabilities), or otherwise attempt to breach or circumvent any

security or authentication measures; (c) access or search or attempt to

access or search the Services by any means (automated or otherwise) other

than through our currently available, published interfaces that are

provided by Tumblr (and only pursuant to those terms and conditions),

unless you have been specifically allowed to do so in a separate agreement

with Tumblr, or unless permitted by Tumblr's robots.txt file or other

robot exclusion mechanisms; (d) scrape the Services, and particularly

scape Content (as defined below) from the Services, without Tumblr's

express prior written consent; (e) use the Services to send altered,

deceptive, or false source-identifying information, including without

limitation by forging TCP-IP packet headers or e-mail headers; or (f)

interfere with, or disrupt, (or attempt to do so), the access of any

Subscriber, host or network, including, without limitation, by sending a

virus to, spamming, or overloading the Services, or by scripted use of the

Services in such a manner as to interfere with or create an undue burden

on the Services.

4. Registration, Tumblr URLs, and Security

As a condition to using certain of the Services, you may be required to

create an account (an "Account") and select a password and Tumblr username,

which will serve as a default URL of the form [username].tumblr.com (a

"Tumblr URL"). You may also select new Tumblr URLs for each blog you create.

You should provide Tumblr with accurate, complete, and updated registration

information, particularly your e-mail address, and failure to do so may

result in suspension of your Account

You agree that you shall not select or use as a Tumblr URL a name of another

person or entity with the intent to impersonate that person or entity or

with the intent to otherwise cause confusion as to the origin or provenance

of your Account. Tumblr reserves the right to refuse registration of,

cancel, or modify a Tumblr URL in its sole discretion.

You are also responsible for maintaining the confidentiality of of your

Account password and for the security of your Account, and you will notify

Tumblr immediately of any actual or suspected loss, theft, or unauthorized

use of your Account or Account password.

5. Privacy

Any information you provide to Tumblr is subject to Tumblr's [Privacy

Policy], which governs our collection and use of your information. You

understand that through your use of the Services you consent to the

collection and use (as set forth in the Privacy Policy) of this information.

6. Content and Subscriber Content

Definitions:

For purposes of this Agreement: (1) the term "Content" means a creative

expression and includes, without limitation, video, audio, photographs,

images, illustrations, animations, logos, tools, written posts, replies,

and comments, information, data, text, software, scripts, executable

files, graphics, Themes (as defined below), and interactive features, any

of which may be generated, provided, or otherwise made accessible on or

through the Services; (2) the term "Subscriber Content" is all Content

that is posted or otherwise provided or transferred to the Services by a

Subscriber (including, without limitation, by you); and Content also

includes, without limitation, all Subscriber Content.

Ownership:

Subscribers retain ownership of all intellectual property rights in their

Subscriber Content, and Tumblr and/or third parties retain ownership of

all intellectual property rights in all Content other than Subscriber

Content.

Subscriber Content License to Tumblr:

When you transfer Subscriber Content to Tumblr through the Services, you

give Tumblr a non-exclusive, worldwide, royalty-free, sublicensable,

transferable right and license to use, host, store, cache, reproduce,

publish, display (publicly or otherwise), perform (publicly or otherwise),

distribute, transmit, modify, adapt (including, without limitation, in

order to conform it to the requirements of any networks, devices,

services, or media through which the Services are available), and create

derivative works of (including, without limitation, by Reblogging, as

defined below), such Subscriber Content. The rights you grant in this

license are for the limited purpose of operating the Services in

accordance with their functionality, improving the Services, and allowing

Tumblr to develop new Services. The reference in this license to

"derivative works" is not intended to give Tumblr itself a right to make

substantive editorial changes or derivations, but does enable Tumblr

Subscribers to redistribute Subscriber Content from one Tumblr blog to

another in a manner that allows Subscribers to, e.g., add their own text

or other Content before or after your Subscriber Content (“Reblogging”).

You also agree that this license includes the right for Tumblr to make all

publicly-posted Content available to third parties selected by Tumblr, so

that those third parties can distribute and/or analyze such Content on

other media and services.

Note also that this license to your Subscriber Content continues even if

you stop using the Services, primarily because of the social nature of

Content shared through the Services - when you post something publicly,

others may choose to comment on it, making your Content part of a social

conversation that cannot later be erased without retroactively censoring

the speech of others.

You also agree that you will respect the intellectual property rights of

others, and represent that you have all of the necessary rights to grant

us this license for all Subscriber Content you submit to the Services.

Content License to You:

As a Subscriber of the Services, Tumblr grants you a worldwide,

non-exclusive, non-sublicensable, and non-transferable license to

download, store, view, display, perform, redistribute, and create

derivative works of Content solely in connection with your use of, and in

accordance with the functionality and restrictions of, the Services

(including, without limitation, Paid Services, as defined below). This

means, for example, that we license Content to you so that you can Reblog

Content and add commentary to it.

Compliance with Community Guidelines:

You agree that you won't post Subscriber Content that violates, or

otherwise use your Account in ways that violate, Tumblr's [Community

Guidelines].

Termination and Deletion:

On termination of your Account or upon your deletion of particular pieces

of Subscriber Content from the Services, Tumblr shall make reasonable

efforts to make such Subscriber Content inaccessible and cease use of it;

however, you acknowledge and agree that: (a) caching of, copies of, or

references to the Subscriber Content may not be immediately removed; (b)

such removed Subscriber Content may persist in backups (not available to

others) for a reasonable period of time; and (c) such removed Subscriber

Content may be available (and stored on our servers) through the accounts

of other Subscribers, such as because of Reblogging.

7. Special Provisions for Application Developers

If you develop software or services based on the Services or any Content,

whether using the [Tumblr Application Programming Interface] or not, you

will agree to and comply with the [Tumblr Application Developer and API

License Agreement].

8. Use of Trademarks

Any use of Tumblr's trademarks, branding, logos and other such assets in

connection with the Services shall be in accordance with the [Tumblr

Trademark Guidelines].

9. Blog Themes

Tumblr makes available specialized HTML and CSS code ("Tumblr Template

Code") for the design and layout of blog pages available for use on some of

the Services ("Themes"). Certain Themes are available for purchase as a Paid

Service (as defined below) (such Themes, "Premium Themes"). Purchased

Premium Themes may not be transferred between Accounts, between blogs, or

between Services on a single Account and are subject to the payment terms

herein.

Tumblr grants you a license to customize the Tumblr Template Code to create

your own Themes for use on your blog page (each a "Custom Theme"). If you

choose, you may also contribute your Custom Themes for use by other

Subscribers as Subscriber Content. However, as a condition of the license

allowing you to create Custom Themes, you agree that you won't distribute

such Custom Themes from locations other than Tumblr-owned or approved

websites without our permission, as set out in our [Community Guidelines].

Note also that other Subscribers may use your Custom Themes after you have

removed them from distribution, and you hereby grant those Subscribers an

irrevocable license to use those Custom Themes as contributed by you. In

other words, you can remove and stop distribution of your Custom Themes, but

Subscribers who are already using them can keep using them.

To develop and distribute Custom Themes that are Premium Themes, please

[email us].

10. Paid Services

Some of the Services require payment of fees (the "Paid Services," including

without limitation Premium Themes). All fees are stated in United States

dollars. You shall pay all applicable fees, as described in the applicable

Services, in connection with such Services, and any related taxes or

additional charges.

Paid Services are limited licenses for you to use particular for-pay aspects

of the Services. Usage of terms like sell, sale, buy, purchase, or similar

terms all refer to your acquisition of a license to use Paid Services, and

do not represent any transfer of any right, title, or ownership interest of

any kind. You may not relicense, resell, transfer, or exchange Paid Services

within or outside of the Services, except as expressly allowed by the rules

of the Services.

Tumblr may, in its sole discretion, modify the functionality of, or

eliminate, Paid Services, or the terms and conditions under which Paid

Services are provided.

Purchases of Paid Services are final and non-refundable (particularly those

Paid Services that may be used immediately, such as Promotions, as defined

below), except at Tumblr's sole discretion and in accordance with the rules

governing each such Paid Service. Termination of your Account or your rights

under this Agreement may result in forfeiture of existing Paid Services. For

example, if your Account is suspended, you forfeit your license to any

Premium Themes you have purchased.

Tumblr may change its prices for Paid Services at any time. To the extent

applicable, Tumblr will provide you reasonable notice of any such pricing

changes by posting the new prices on or through the applicable Paid Service

and/or by sending you email notification. If you do not wish to pay the new

prices, you may choose not to purchase, or to cancel, the applicable Paid

Service prior to the change going into effect.

11. Special Provisions for Promotions

Some features of the Services may allow you to promote yourself to other

Subscribers, and some of these features may be Paid Services ("Promotions").

For example, you can use Tumblr's Highlighted Post Paid Service to draw

extra attention to your posts when they appear in the Dashboard feeds of

your blog followers.

The following additional terms apply to Promotions:

• Things that you promote will comply with this Agreement; if they don't,

Tumblr reserves the right, in its sole discretion, to cancel a Promotion

without refund or recourse to you.

• Tumblr may remove or disable any Promotion for any reason in its sole

discretion.

• Tumblr does not guarantee any activity that Promotions may receive,

including but not limited to clicks, Likes, and Reblogs. Tumblr cannot

control how Subscribers interact with Promotions and is not responsible

for "click fraud" or other fraudulent actions by third parties,

including, without limitation, Subscribers. Tumblr doesn't guarantee

that its reporting related to Promotions will be accurate or complete,

nor does it guarantee that Promotions will behave in a particular

manner, and Tumblr shall not be liable to you or responsible for any

erroneous reporting about or errant behavior of or related to Promotions

(e.g., any errors in how "likes" or Reblogs are counted).

• Promotions may allow targeting to some Subscriber characteristics, such

as by suggesting new blogs to follow based on currently followed blogs.

Tumblr does not guarantee that any particular Promotion will reach a

particular sort of individual in all cases.

• You can cancel certain Promotions at any time (depending on their

functionality), but are responsible for paying for Promotions at least

to the extent they have already been distributed through the Services.

• By submitting a Promotion, you license Tumblr to run that Promotion for

as long as you have specified, which, depending on the Promotion, may be

perpetually. This license ends when the Promotion has completed or been

cancelled, but it may take up to twenty four (24) hours before a

Promotion stops being reflected on the Services.

12. Warranty Disclaimer; Services Available on an "AS-IS" Basis

Your access to and use of the Services or any Content is at your own risk.

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS"

AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT

PERMITTED BY LAW, TUMBLR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Tumblr makes no representations or warranties of any kind with respect to

the Services, including any representation or warranty that the use of the

Services will (a) be timely, uninterrupted or error-free or operate in

combination with any other hardware, software, system or data, (b) meet your

requirements or expectations, (c) be free from errors or that defects will

be corrected, or (d) be free of viruses or other harmful components. Tumblr

also makes no representations or warranties of any kind with respect to

Content; Subscriber Content, in particular, is provided by and is solely the

responsibility of, the Subscribers providing that Content. No advice or

information, whether oral or written, obtained from Tumblr or through the

Services, will create any warranty not expressly made herein.

13. Release From Liability

You release, to the fullest extent permitted by law, Tumblr, its directors,

officers, shareholders, employees, representatives, consultants, agents,

suppliers, and/or distributors from responsibility, liability, claims,

demands, and/or damages (actual and consequential) of every kind and nature,

known and unknown, arising out of or in any way connected with the

following:

• Disputes between Subscribers, including those between you and other

Subscribers.

• Third party sites and services, including content found on such sites

and services.

• Disputes concerning any use of or action taken using your Account by you

or a third party.

• Claims relating to the unauthorized access to any data communications or

Content stored under or relating to your Account, including unauthorized

use or alteration of such communications or your Content.

• Claims relating to in any way to any face-to-face meetings in any way

related to Tumblr at any venues ("Meetups"), including without

limitation claims related to the actions or omissions of any Subscribers

or third parties who organize, attend, or are otherwise involved in any

Meetups; see our Meetups page for more information. Tumblr does not

sponsor, oversee, or in any manner control Meetups.

If you are a California resident, you waive California Civil Code §1542,

which says: "A general release does not extend to claims which the creditor

does not know or suspect to exist in his favor at the time of executing the

release, which if known by him must have materially affected his settlement

with the debtor."

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TUMBLR, ITS DIRECTORS,

OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS,

SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT,

INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND

WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER

INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR

INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT

OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING

WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT;

AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION

APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY

OTHER LEGAL THEORY, WHETHER OR NOT TUMBLR HAS BEEN INFORMED OF THE

POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS

FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF

TUMBLR AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES,

REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR

ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS

LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID US

TO USE THE APPLICABLE SERVICE(S).

15. Exclusions to Warranties and Limitation of Liability

Some jurisdictions may not allow the exclusion of certain warranties or the

exclusion/limitation of liability as set forth in Section 14, so the

limitations above may not apply to you.

16. Termination

Either party may terminate this Agreement at any time by notifying the other

party. Tumblr may also terminate or suspend your access to or ability to use

any and all Services immediately, without prior notice or liability, for any

reason or no reason, including but not limited to if you breach any of the

terms or conditions of this Agreement. In particular, Tumblr may immediately

terminate or suspend Accounts that have been flagged for repeat copyright

infringement.

Upon termination of your access to or ability to use a Service, including

but not limited to suspension of your Account on a Service, your right to

use or access that Service and any Content will immediately cease. All

provisions of this Agreement which by their nature should survive

termination shall survive termination, including, without limitation,

ownership provisions, warranty disclaimers, and limitations of liability.

Termination of your access to and use of the Services shall not relieve you

of any obligations arising or accruing prior to such termination or limit

any liability which you otherwise may have to Tumblr or any third party.

17. Legal Disputes

You and Tumblr agree that we will resolve any claim or controversy at law or

equity that arises out of this Agreement or the Services in accordance with

this Section or as you and Tumblr otherwise agree in writing. Before

resorting to litigation, we strongly encourage you to [contact us directly]

to seek a resolution.

Law and Forum for Legal Disputes: This Agreement shall be governed in all

respects by the laws of the State of New York as they apply to agreements

entered into and to be performed entirely within New York between New York

residents, without regard to conflict of law provisions. You agree that any

claim or dispute you may have against Tumblr must be resolved exclusively by

a state or federal court located in New York County, New York, except as

otherwise agreed by the parties. You agree to submit to the personal

jurisdiction of the courts located within New York County, New York for the

purpose of litigating all such claims or disputes.

18. Miscellaneous

This Agreement, as modified from time to time, constitutes the entire

agreement between you and Tumblr with respect to the subject matter hereof.

This Agreement replaces all prior or contemporaneous understandings or

agreements, written or oral, regarding the subject matter hereof and

constitutes the entire and exclusive agreement between the parties. The

failure of either party to exercise in any respect any right provided for

herein shall not be deemed a waiver of any further rights hereunder. If any

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

provision shall be limited or eliminated to the minimum extent necessary so

that this Agreement shall otherwise remain in full force and effect and

enforceable. This Agreement is not assignable, transferable, or

sublicensable by you except with Tumblr's prior written consent. Tumblr may

assign this Agreement in whole or in part at any time without your consent.

No agency, partnership, joint venture, or employment is created as a result

of this Agreement and you do not have any authority of any kind to bind

Tumblr in any respect whatsoever. Any notice to Tumblr that is required or

permitted by this Agreement shall be in writing and shall be deemed

effective upon receipt, when delivered in person by nationally recognized

overnight courier or mailed by first class, registered or certified mail,

postage prepaid, to Tumblr, Inc., 35 East 21st Street, 6th Floor, New York,

NY, 10010, Attn: Legal Department.

19. Special Provisions for Subscribers Located Outside of the United States

Tumblr provides global products and services and enables a global community

for individuals to share and follow the things they love. Tumblr's

operations are, however, located in the United States, and Tumblr's policies

and procedures are based on United States law. As such, the following

provisions apply specifically to Subscribers located outside of the United

States: (1) you consent to the transfer, storage, and processing of your

information, including but not limited to Subscriber Content and any

personal information, to and in the United States and/or other countries;

and (2) if you are using the Services from a country embargoed by the United

States, or are on the United States Treasury Department's list of "Specially

Designated Nationals," you agree that you will not conduct any commercial

activities using or through the Services (for example, purchasing Premium

Themes).

20. DMCA Copyright Policy

Tumblr has adopted the following policy toward copyright infringement on the

Services in accordance with the Digital Millennium Copyright Act (a copy of

which is located at [http://www.loc.gov/copyright/legislation/dmca.pdf], the

"DMCA"). The address of Tumblr's Designated Agent for copyright takedown

notices ("Designated Agent") is listed below.

Reporting Instances of Copyright Infringement:

If you believe that Content residing or accessible on or through the

Services infringes a copyright, please send a notice of copyright

infringement containing the following information to the Designated Agent

at the address below:

• Identification of the work or material being infringed.

• Identification of the material that is claimed to be infringing,

including its location, with sufficient detail so that Tumblr is

capable of finding it and verifying its existence.

• Contact information for the notifying party (the "Notifying Party"),

including name, address, telephone number and e-mail address.

• A statement that the Notifying Party has a good faith belief that the

material is not authorized by the copyright owner, its agent or law.

• A statement made under penalty of perjury that the information

provided in the notice is accurate and that the Notifying Party is

authorized to make the complaint on behalf of the copyright owner.

• A physical or electronic signature of a person authorized to act on

behalf of the owner of the copyright that has been allegedly

infringed.

After removing material pursuant to a valid DMCA notice, Tumblr will

immediately notify the Subscriber responsible for the allegedly infringing

material that it has removed or disabled access to the material. Tumblr

reserves the right, in its sole discretion, to immediately terminate the

account of any Subscriber who is the subject of repeated DMCA

notifications.

Submitting a DMCA Counter-Notification:

If you believe you are the wrongful subject of a DMCA notification, you

may file a counter-notification with Tumblr by providing the following

information to the Designated Agent at the address below:

• The specific URLs of material that Tumblr has removed or to which

Tumblr has disabled access.

• Your name, address, telephone number, and email address.

• A statement that you consent to the jurisdiction of Federal District

Court for the judicial district in which your address is located (or

the federal district courts located in New York County, New York if

your address is outside of the United States), and that you will

accept service of process from the person who provided the original

DMCA notification or an agent of such person.

• The following statement: "I swear, under penalty of perjury, that I

have a good faith belief that the material was removed or disabled as

a result of a mistake or misidentification of the material to be

removed or disabled."

• Your signature.

Upon receipt of a valid counter-notification, Tumblr will forward it to

Notifying Party who submitted the original DMCA notification. The original

Notifying Party (or the copyright holder he or she represents) will then

have ten (10) days to notify us that he or she has filed legal action

relating to the allegedly infringing material. If Tumblr does not receive

any such notification within ten (10) days, we may restore the material to

the Services.

Designated Agent

Tumblr, Inc.

35 East 21st Street, 6th Floor

New York, NY 10010

Attn: Copyright Agent

Fax: +1-646-475-2135

Email: [[email protected]]

Link to Prior Versions

You will find a link to prior versions of our Terms of Service 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/terms-of-service.txt