diff --git a/api-license-agreement.txt b/api-license-agreement.txt index fdb4364..ce64f99 100644 --- a/api-license-agreement.txt +++ b/api-license-agreement.txt @@ -1,687 +1,673 @@ -Last modified: August 18, 2011 +Last modified: May 23, 2013 -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"). If you -are entering into this Agreement on behalf of a company or other entity, you +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”). 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. - -By building applications on Tumblr's platform, particularly those using the -Tumblr API, you agree to this contract. +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 using the Tumblr API, including but not limited to -requesting authentication credentials or making calls to the Tumblr API, -Licensee unconditionally consents and agrees to be bound by and a party to this -Agreement. +“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 bloggers and our business. If you feel that we +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 [api@tumblr.com]. 1. Purpose. - a. Use of Licensed Materials. This Agreement governs the use by Licensee of - the following, all of which collectively are the "Licensed Materials": - (a) the application programming interface ("API") of Tumblr 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) information - related to blogs and websites hosted by Tumblr (the "Blogs"); (c) individual - posts made on Tumblr Blogs (the "Posts"); (d) Tumblr user profile information - ("Tumblr User Information"); and (e) any other content - made available through the Tumblr API, including but not limited to - private messages sent and/or received by Tumblr users and native - Tumblr actions such as Tumblr reblogs, replies and likes - (collectively with the Blogs, the Posts and Tumblr User - Information, the "Content"). - - b. Use of Tumblr Marks. This Agreement also governs the use by - Licensee, 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 Section 3, Tumblr grants to Licensee a - nonexclusive, nontransferable, nonsublicensable, worldwide, revocable - right and license during the Term to: (a) use and make calls to the - Tumblr API 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") that interact with the Tumblr Services; (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 and - (c) use and display the Tumblr Marks only to identify that the Licensed - Materials originate from the Tumblr Services. Licensed Applications do - not include those applications that use or access the Tumblr API or the - Tumblr Services in order to monitor the availability, performance, or - functionality of any of the Tumblr API or the Tumblr Services, for any - other benchmarking or for other competitive purposes. + 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 and (c) 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 andservices, whether or not using the Tumblr API, we give you + 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 that are + 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 Section 2 are explicitly - conditioned on Licensee's adherence to the following + 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, Policies and Guidelines. Licensee - must comply with the restrictions set forth in this Agreement, the - Tumblr Terms of Service], the [Tumblr Privacy Policy], the [Tumblr - Trademark Guidelines] and the [Tumblr Content Policy] in all uses of - the Licensed Materials. If Tumblr believes, in its sole discretion, - that Licensee has violated or attempted to violate any term, - condition or the spirit of this Agreement, Licensee's license - to and ability to use and access the Licensed Materials may be - temporarily or permanently revoked, with or without notice to - Licensee. - + 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 API access. If you're - concerned about whether or not your violating this Agreement, our Terms - of Service, or any other policies or guidelines, please e-mail us at - [legal@tumblr.com] - - b. Obtaining and Maintaining an API Key. In order to use the Tumblr - API, Licensee must obtain API credentials (an "API - Key") via registration on the Developer Website. Licensee - shall not share his or her API Key, shall keep such API Key secure - and shall use it as Licensee's sole means of accessing the - Tumblr API. - - c. User Login via OAuth. Licensed Applications shall 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 shall be presented with an opportunity to create such an - account. - - d. No Substantial Replication. Licensee shall not substantially - replicate products or services offered by Tumblr, but is explicitly - permitted to create specialized versions or extensions of such - products or services. For example, Licensee is not permitted to - fully replicate the Tumblr Dashboard product, but may create - specialized views of Content from a user's Dashboard or - cross-platform variants of the Tumblr Dashboard. In addition, - Licensee shall not use the Licensed Materials or other information - collected from users of Licensed Applications to create or maintain - a separate blogging platform, social network or other social - service. - - Don't re-implement complete Tumblr functions or clients on a platform - where Tumblr already has an official client (web, iPhone, Android). - - e. No In-Stream Advertising; No In-Network Promotions. Licensee shall - not, in any manner, display any form of advertising within a stream - of Content received by a user of a Licensed Application. In - addition, advertisements 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. In addition, Licensed - 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, Licensed - 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. + 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 [abuse@tumblr.com] + + 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 Public Display or Distribution. Licensee Applications are + strictly prohibited from publicly displaying or distributing Content in + any manner. + + 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. - f. No Marketplaces or Other Aggregators or Repositories of Code or - Applications. Licensee is not permitted to create any sort of - marketplace or other aggregator or public repository of code or - applications the purpose of which is to collect items substantially - based on the Licensed Materials, including Licensed Applications (a - "Marketplace"), regardless of whether or not such - Marketplace charges for such items. Such Marketplaces include, but - are not limited to, collections of Tumblr themes, collections of - Tumblr extensions or plugins and non-general purpose collections - comprised solely of Licensed Applications. In addition, Licensee - should not participate in such prohibited Marketplaces. + 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 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. - - g. No Export for the Purpose of Replication, Repackaging or Resale. - Licensee shall not, under any circumstances, export Content to a - datastore intended to replicate, in whole or in part, - Tumblr's datastore, nor shall Licensee 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 its own API. For the sake of clarity, - this restriction is not intended to apply to Licensed 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 + 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. - h. No Compromising Tumblr Security. Licensee is not permitted to use + 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, Licensee shall not, and shall not attempt - to, interfere with, modify or disable any features, functionality - or security controls of the Tumblr Services or the Tumblr API, - defeat, avoid, bypass, remove, deactivate or otherwise circumvent - any protection mechanisms for the Licensed Materials, or reverse - engineer, decompile, disassemble or derive source code, underlying - ideas, algorithms, structure or organizational form from the Tumblr - Services or the Tumblr API. - - i. Reporting Security Flaws and Unauthorized Access. Licensee shall - immediately report to Tumblr any security flaws Licensee discovers - 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. Licensee shall further immediately - report any actual or suspected unauthorized access to the Tumblr - API using Licensee's API credentials. Failure to report such - flaws or unauthorized accesses, particularly prior to public - disclosure, shall be considered a material breach of this - Agreement. + 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 [security@tumblr.com]. - j. No Phishing, Malware or Identity Theft. Licensee shall not publish - or link to malicious content intended to damage, disrupt or exploit - a user's browser, computer or Tumblr account or to compromise - a user's privacy or credentials in any manner. In addition, - Licensee shall not collect, or try to collect, a user's - Tumblr credentials, including but not limited to usernames or - passwords. - - k. No Spamming. Licensee shall not use the Tumblr Services or Tumblr - API, and shall not create Licensed Applications, for the purpose of - "spamming." Tumblr reserves the right, in its sole - discretion, to determine what actions constitute - "spamming," such actions including but not 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 a short period of time. - - l. Respect for API Limitations. Licensee shall respect the letter and - the spirit of the programmatic limitations of the Tumblr API and - the restrictions of this Agreement in designing and implementing - Licensed Applications. For example, Licensee shall not work around - any explicit Tumblr API limitation using a series of non-API calls, - even if such work-arounds are possible by avoiding use of the - Tumblr API. Specific prohibited actions include the process of - "page scraping," which is the process of downloading - and parsing whole Tumblr pages in order to build Licensee - Applications with capabilities beyond those intended to be provided - by the Tumblr API. In addition, Licensee shall comply with any - limitations on the frequency of access, calls and use of the Tumblr - API as provided to Licensee by Tumblr from time to time. - - 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. - - m. No Content Modifications. Tumblr delivers Content for use under - this Agreement, including materials created by or otherwise - originating from Tumblr and delivered as part of such Content - ("Tumblr Content"). Licensee shall not 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 Licensed Applications. For example, Licensed - Applications should not highlight text within a Post and externally - link that text. In addition, Licensee shall not remove, block or - otherwise prevent delivery of any Tumblr Content, including but not - limited to any promotional content such as the Tumblr Radar. - - n. No Circumvention or Reverse Engineering; Maintenance of Proprietary - Notices. Licensee shall not, and shall not attempt to: (i) - interfere with, modify or disable any features or functionality of - the Tumblr Services or Tumblr API, including, without limitation, - any mechanisms used to restrict or control the Tumblr Services or - Tumblr API, 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. - - o. Genuine Actions. Licensee shall not create Licensed Applications - with capabilities that in any way 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 that a user has not explicitly - liked, reblogged or replied to, and should not generate Posts on a - user's behalf without (1) a specific interaction informing a - user that such user is making a Post to a particular blog and (2) - an explicit action by such user evincing permission for making such - Post (e.g., a Licensed Application should not automatically - generate a Post indicating that a user has registered for such - Licensed Application). In addition, a Licensed Application should - not require a user to generate a Post as a prerequisite to using a - Licensed Application or a feature of a Licensed 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 like "follow trains". - - p. No Continuous Playback. Licensee shall not use the Tumblr Services - or the Tumblr API in a manner that enables sequential, continuous - and/or uninterrupted playback of any media content, including but - not limited to video, audio and images. - - For performance reasons, at this time we can't allow apps that allow - continuous playback of media without user input. We hope this will - change soon. - - q. Indicating Use of the Tumblr Services and the Tumblr API. In a - prominent location in all Licensed Applications, Licensee should, - to the extent reasonable based on the nature of the Licensed - Application, indicate that such Licensed Applications have been - created using the Tumblr Services and/or the Tumblr API, and shall - comply with the [Tumblr Trademark Guidelines] in doing so. - - Make sure to say somewhere in your application that you're using the - Tumblr Services or the Tumblr API. - - For example, you could say "Powered by Tumblr". - - r. Use of Tumblr Marks. Licensee may not, 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 Licensee's trade - name (registered or otherwise), logos or other identifiers of - Licensee; (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. Licensee may freely state and disclose that Licensee is - using the Tumblr Services or the Tumblr API, as long as License - adheres 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. - - s. No Misleading Users. Licensee may not, under any circumstances, - whether within a Licensed Application or in materials discussing or - concerning a Licensed Application, mislead, confuse or cause - misapprehension or confusion among users as to the features, - functionality, origin, capabilities or other aspects of said - Licensed Application, Tumblr, the Tumblr Services or the Tumblr - API. - - You should not advertise or otherwise discuss your application in a way - that confuses or misleads users about the application or about Tumblr. - - t. Monitoring. Tumblr reserves the right to monitor Licensee's - use of the Licensed Materials for any reason or no reason, - including to ensure Licensee's compliance with the terms and - conditions of this Agreement. - - u. Reporting and Statistics. Licensee shall ensure that all Licensee - Applications properly use all reporting functionality that is made - available through aspects of the Tumblr API 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. - - v. Attribution. Licensee agrees to maintain attribution of 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 by the posting blog using the "Source" attribute (the "Source"). - At no time will Licensee falsely endorse Content obtained through the - Tumblr Services or the Tumblr API as his/her/its own, unless - Licensee has obtained the appropriate permissions of the applicable - Posting Blog and/or Source. For the sake of clarity, this means - that Licensee shall not display any Content without attribution to - the Posting Blog and Source (if available), as delivered by the - Tumblr Services or the Tumblr API. In addition, Licensee and - Licensed Applications shall not 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. Licensee acknowledges and agrees that Tumblr may modify - (including but not limited to updating) this Agreement, the Tumblr - Services, the Tumblr API and [Tumblr Content Policy] from time to time (a - "Modification"). Except for modifications of the Tumblr - Services, Licensee will be notified a Modification through notifications - or posts on the [Developer Website] or through a form of direct - communication from Tumblr to Licensee, including but not limited to e- - mail or notifications through the Tumblr Services. Licensee further - acknowledges and agrees that the Tumblr Services and the Licensed - Materials may be modified at any time and without any notice to Licensee. - Licensee shall, 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 Tumblr API and - making any changes to Licensee Applications that may be required as a - result of such Modification(s). Licensee acknowledges that a Modification - may have an adverse effect on Licensee Applications, including but not - limited to changing the manner in which Licensee Applications communicate - with Tumblr Services and display Content. Licensee acknowledges that its + 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. 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 Section 10, and that Licensee's 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 - Modification(s) at issue. Tumblr will attempt, but is not obligated, to - provide thirty (30) days notice of any Modification that is not backwards + 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 reserve the right to modify the Tumblr Services, the Tumblr API and this - Agreement. 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 the Tumblr - Services or the Tumblr API may be revoked. + 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. Licensee acknowledges and agrees that 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. Licensee also - acknowledges and agrees that, as between Licensee and Tumblr, - Tumblr owns all right, title and interest in and to the Tumblr - Services, the Tumblr API, the Tumblr Marks, and any derivative - works or enhancements thereof, including but not limited to all - worldwide intellectual property rights therein. Licensee agrees not - to act in any manner inconsistent with such ownership. Any of - Tumblr's rights not expressly granted under this Agreement - are withheld. Licensee agrees that it will not challenge - Tumblr's ownership of the Tumblr Marks, challenge the - validity of the licenses granted under this Agreement, or otherwise - copy or exploit the Tumblr Marks during or after the termination of - this Agreement, except as expressly authorized under this - Agreement. If Licensee acquires any rights in the Tumblr Marks or - any confusingly similar marks, by operation of law or otherwise, - Licensee will, at no expense to Tumblr, immediately effectuate an - assignment of such rights to Tumblr. - - b. Licensee. As between Licensee and Tumblr, Licensee retains 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. Licensee may provide Tumblr with feedback or comments - related to the Licensed Material and/or Licensee's experience - with and use thereof ("Feedback"). Licensee agrees 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 - Licensee. + 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 Licensee to any support for the - Licensed Materials, unless Licensee makes separate arrangements with - Tumblr for such support. Any such support provided by Tumblr shall be - subject to the terms of this Agreement as modified by a separate support - agreement. Licensee is solely responsible for providing all support and - technical assistance to end users of the Licensee Applications. Licensee - acknowledges and agrees that Tumblr has no obligation to provide support - or technical assistance directly to Licensee's end users and - Licensee shall not represent to any of its 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 - Licensed Applications. We also can't support your users. You'll do your - best to support your own applications. + 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 users to post - Content (i.e., to generate material that will be hosted on the - Tumblr Services): (i) Licensee will acquire such user's - affirmative permission to post such Content, (ii) Licensee must - promptly provide such Content to Tumblr via the Tumblr Services or - the Tumblr API, as applicable; (iii) Licensee must provide to its - users a prominent and clear disclosure detailing how Licensee may - use such Content separately from transmitting that Content to the - Tumblr Services and seeking the necessary licenses for Licensee to - use such Content as disclosed; (iv) Licensee's use of Content - must adhere to the restrictions set forth in Section 3; (v) - Licensee must provide such users prominent access via URL to the - [Tumblr Terms of Service], the [Tumblr Privacy Policy] and the Tumblr - Content_Policy; and (vi) Licensee 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. Removal of Content. When Licensee has been notified of such through - the Tumblr API, Licensee will immediately, and in any case not - later than twenty-four hours after notification, (including but not - limited to by modifying applicable Licensee Applications): (i) - delete or remove Content that has been deleted or removed from the - Tumblr Services; (ii) modify Content that has been modified on the - Tumblr Services; and (iii) change Licensee's treatment of - Content that has had its sharing options modified. - - When bloggers modify or remove content on Tumblr, your application is - required to reflect those changes. - - c. Storage and Caching of Content. Under no circumstances shall - Licensee store or cache Content received through the Tumblr API for - longer than three (3) days; after three (3) days, Licensee shall - re-request, through the Tumblr API, any such Content from Tumblr. - - Apps cannot cache content for more than three days. - - 8. Privacy. - - a. Tumblr User Information. To the extent Licensee has access to and - is permitted to use Tumblr User Information through the Licensed - Materials, such access and use shall be in accordance with the - then-current [Tumblr Privacy Policy]. Licensee shall take efforts to - 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]. - - b. Licensee User Information. Licensee may collect information - relating to users of Licensee Applications ("Licensee - Application User Information"). If Licensee collects Licensee - Application User Information, it shall provide to users an - applicable privacy policy that clearly discloses Licensee's - information collection, storage and sharing practices, including - the extent to which such Licensee Application User Information is - disclosed to third parties such as Tumblr. Licensee's privacy - policy must: (i) comply and be consistent with all applicable laws, - including but not limited to data protection regulations in - applicable territories; (ii) allow disclosure of Licensee - Application User Information to Tumblr, to the extent necessary for - Licensee's use of the Tumblr API and other Licensed Materials, in - accordance with the then-current [Tumblr PrivacyPolicy]; and (iii) be no - less protective of applicable end users than the then-current - [Tumblr Privacy Policy]. - - 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. - - 9. Confidentiality. Licensee 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 - apparent it should be treated confidentially ("Confidential - Information"). Licensee may use Confidential Information only to - the extent necessary to exercise its rights under this Agreement. - Licensee may not disclose Confidential Information to a third party - without the prior express consent of Tumblr, provided in writing or by - email. Licensee agrees that it will protect Confidential Information from - unauthorized use, access, or disclosure in the same manner that Licensee - 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 Licensee - violates 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, Licensee shall cease 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 Licensee's - possession, and shall certify to Tumblr that such actions have occurred. - Sections 3, 5, 6, 9 and 11-15 shall survive termination of this - Agreement. - - 11. Representations and Warranties of Licensee. Licensee represents and - warrants that: (i) Licensee has the necessary power and authority to - enter into this Agreement, and that the performance of its obligations - will not constitute a breach or otherwise violate any other Agreement or - the rights of any third party arising therefrom; (ii) Licensee shall - maintain, throughout the Term, all required rights and licenses related - to the Licensed Applications and the Licensed Applications shall not - infringe or otherwise violate any third party rights, including but not - limited to third party intellectual property rights; and (iii) - Licensee's uses of the Licensed Materials do and shall comply with - all applicable foreign, federal, state and local laws, rules and - regulations. - - 12. Indemnification by Licensee. Licensee will indemnify and hold Tumblr, its - subsidiaries, affiliates, officers, 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 Licensee in connection with - Licensee's use of the Tumblr Services or the Licensed Materials; - (ii) Licensee's use of the Tumblr Services or the Licensed - Materials other than as expressly allowed by this Agreement; (iii) - Licensee's breach of this Agreement, including but not limited to - Licensee's representations and warranties herein; or (iv) any - Licensed 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 Licensee's use - of the Tumblr Services or the Licensed Materials will meet any or all of - Licensee's 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 Licensee - 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, the [Tumblr Trademark Guidelines], the - [Tumblr Content Policy], the [Tumblr Terms of Service] and the [Tumblr Privacy - Policy] together constitute the entire agreement among the parties with - respect to the subject matter of this Agreement and supersede and merge - 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 - Section 4 (Modifications). Licensee 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. Licensee agrees - 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. 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 [legal@tumblr.com]. All notices to Licensee shall be sent to the - location specified in Licensee's Tumblr API access registration - information. + 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. Removal of Content. When you have been notified (for example, through + the Tumblr API), you will immediately, and in any case not later than + twenty-four hours after notification, (including, but not limited to, by + modifying applicable Licensee Applications): (i) delete or remove + Content that has been deleted or removed from the Tumblr Services; (ii) + modify Content that has been modified on the Tumblr Services; and (iii) + change the treatment, in your Licensee Applications, of Content that has + had its sharing options modified. + + When users modify or remove content 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. + + 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, officers, 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 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. 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 [legal@tumblr.com]. 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 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