Rolled up "Tumblr Affiliates"

tumblr · Jan 24, 2014 · 0a608c7 · 0a608c7
1 parent 47e0e8a
commit 0a608c7
Showing 1 changed file with 23 additions and 25 deletions.
diff --git a/terms-of-service.txt b/terms-of-service.txt
@@ -341,12 +341,13 @@ us if you have any questions or suggestions!
  Agreement or your relationship with Tumblr must be filed within one year
  after such claim arose; otherwise, your claim is permanently barred.
 
- You further 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 (including but not limited to claims of
- negligence), arising out of or related to the following:
+ You further release, to the fullest extent permitted by law, Tumblr and its
+ employees, agents, consultants, directors, shareholders, any other person or
+ entity that directly or indirectly controls, is under common control with, or
+ is directly or indirectly controlled by, Tumblr (the "Tumblr Affiliates")
+ from responsibility, liability, claims, demands, and/or damages (actual and
+ consequential) of every kind and nature, known and unknown (including but not
+ limited to claims of negligence), arising out of or related to the following:
 
  - Disputes between Subscribers, including those between you and other
  Subscribers.
@@ -381,27 +382,24 @@ us if you have any questions or suggestions!
 
 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, GOODWILL, 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, TUMBLR AND THE TUMBLR
+ AFFILIATES 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, GOODWILL, 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 ONE HUNDRED DOLLARS (US$100.00) OR THE AMOUNT YOU
- PAID US TO USE THE APPLICABLE SERVICE(S).
+ TUMBLR AND THE TUMBLR AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT,
+ INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE
+ HUNDRED DOLLARS (US$100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE
+ SERVICE(S).
 
 15. Exclusions to Warranties and Limitation of Liability