Last modified: Jan 8, 2014

This Application Developer and API License Agreement (the “Agreement”),
effective as of the date of acceptance of this Agreement (the “Effective
Date”), is by and between Tumblr, Inc. (“Tumblr”) and you, or the individual,
company or other entity that you represent (“Licensee” or “you”). Consumers 
of the Tumblr Firehose, as defined below, may additionally be required to 
execute a separate services agreement governing their access to that resource 
(the “MSA”). If you are entering into this Agreement on behalf of a company
or other entity, you represent and warrant that you have authority to bind
such company or other entity to this Agreement. Before building applications
on Tumblr's platform, particularly those using the Tumblr firehose and/or API, 
you have to agree to this contract.

By building applications that interact with Tumblr's products and services (the
“Tumblr Services”) or by using the Tumblr API (as defined below), including but
not limited to requesting authentication credentials or making calls to the
Tumblr API, you unconditionally consent and agree to be bound by and a party to
this Agreement.

This Agreement sets forth the rules around use of the Tumblr Services, the
Tumblr API, and content shared on Tumblr that is accessible (through the Tumblr
API or otherwise) for application development. Our hope is to encourage a
thriving ecosystem of applications built on top of Tumblr, balanced against
protection of our network, our users, and our business. If you feel that we
should make changes to this Agreement, or if you seek a waiver from certain
provisions herein, please contact us at [api@tumblr.com].

  1. Purpose.

    a. Use of Licensed Materials. This Agreement governs your use of
       the following, all of which collectively are the “Licensed Materials”,
       to develop applications: (a) Tumblr's application programming interface
       (“API”) and any accompanying or related documentation, source code,
       executable applications and other materials (collectively, the “Tumblr
       API”), including, but not limited to, as made available through
       Tumblr’s developer website (the “Developer Website”), as modified from
       time to time; (b) the Tumblr feed of realtime or near realtime post
       information (the “Tumblr Firehose”) (c) information in any way related
       to accounts, blogs, and/or websites hosted on the Tumblr Services (the
       “Blog Information”); (d) content posted to the Tumblr Services (the
       “Posted Content”); (e) Tumblr user profile information (“Tumblr
       User Information”); and (f) any other content or material made available
       through the Tumblr API or Tumblr Firehose, including but not limited to
       private messages sent and/or received by Tumblr users and native Tumblr
       actions such as Tumblr likes, reblogs, and replies (collectively with
       the Blog Information, the Posted Content, and Tumblr User Information,
       the “Content”).

    b. Use of Tumblr Marks. This Agreement also governs your use, and
       restrictions on such use, of Tumblr’s name, trademarks, service marks,
       logos, and other branding made available for use in connection with the
       Licensed Materials (the “Tumblr Marks”).

  2. License. Subject to the terms and conditions of this Agreement,
     including the restrictions set forth in the Section titled “Restrictions”,
     Tumblr grants you a nonexclusive, nontransferable, nonsublicensable,
     worldwide, revocable right and license during the Term to: (a) use and
     make calls to the Tumblr API and Tumblr Firehose, and to make use of the
     Tumblr Services (and Licensed Materials accessible therefrom) to develop,
     implement and distribute software applications, services or products (the
     “Licensee Applications”); (b) use, reproduce, distribute, transmit,
     display and perform the Content, and modify (i.e., alter in any manner)
     the Content only to the extent necessary to format and display it through
     the Licensee Applications; (c) additionally in the case of the Tumblr 
     Firehose, to manipulate information and Content from the Tumblr Firehose for
     the purposes of non-public analysis and search; and (d) use and display the
     Tumblr Marks only to identify that the Licensed Materials originate from the
     Tumblr Services.Licensee Applications do not include those applications that
     use or access the Tumblr API, Tumblr Firehose, or Tumblr Services in order
     to monitor the availability, performance, or functionality of any of the
     Tumblr API, Tumblr Firehose, or Tumblr Services, or for any other
     benchmarking or other competitive purposes.

     As part of allowing applications to be built on and connected to Tumblr's
     products and services, whether or not using the Tumblr API, we give you
     access to a bunch of tools, including the API itself, the developer
     documents and content posted to Tumblr blogs. This license gives you the
     right to use those materials to make apps of all kinds, and also gives you
     the right to use Tumblr’s trademarks to identify that the apps are
     built on top of Tumblr's products and services.

  3. Restrictions. The licenses granted in the Section titled
     “License” are explicitly conditioned on your adherence to the following
     restrictions.

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

     a. Compliance with this Agreement and Tumblr's Policies and
        Guidelines. You must comply with this Agreement, the Tumblr Terms of
        Service, the [Tumblr Privacy Policy], the [Tumblr Trademark Guidelines], and
        the [Tumblr Community Guidelines] (together, the “Tumblr Policies”) in all
        uses of the Licensed Materials. If Tumblr believes, in its sole
        discretion, that you have violated or attempted to violate any term,
        condition, or the spirit of this Agreement, you're license to and ability
        to use and access the Licensed Materials may be temporarily or
        permanently revoked, with or without notice. 
        
        Complying with these restrictions is really important. In particular,
        the spirit of the Agreement is clear, and if you find a strict
        loophole in the language, we may still revoke your access. If you’re
        concerned about whether or not your violating this Agreement, or any of
        our other policies or guidelines, please e-mail us at [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 Syndication or Distribution. Licensee Applications are
        strictly prohibited from syndicating or distributing Content in
        any manner, public or private, including but not limited to public
        redisplay of any Content.

     g. No In-Network Promotions. Licensee Applications may not promote
        any Content to or within the Tumblr network (“In-Network Promotions”),
        including if payment is received for such In-Network Promotions. For
        example, Licensee Applications may not create ranking systems or
        directories for Tumblr blogs or posts and promote those rankings or
        directories within or outside of the Tumblr Services.

        Don't inject in-stream ads. Don't offer special placement or promotion
        to specific Tumblr blogs or content within your app, especially for
        money, and don't implement ranking systems.

     h. No Marketplaces or Other Aggregators or Repositories of Code or
        Applications. You aren't permitted to create any sort of marketplace or
        other aggregator or public repository (a “Marketplace”) of code or
        applications that predominantly uses or collects the Licensed Materials
        or Licensee Applications. Examples of such Marketplaces include, but are
        not limited to, collections of Tumblr blog themes, collections of Tumblr
        extensions or plugins, and non-general purpose collections comprised
        solely of Licensee Applications. In addition, you shouldn't participate
        in such prohibited Marketplaces.

        Tumblr should be the single point of origin for any apps, extensions, or
        code that we provide tools to aggregate. That includes blog themes and
        our official apps.


        This is a serious security and quality issue for our business and our
        bloggers. For example, themes not hosted in our [Theme Garden] have not
        been vetted by our team and have historically been a significant vector
        for spam and identity theft. To be clear, you are otherwise allowed and
        encouraged to distribute your applications on general purpose app
        stores.

     i. No Export for the Purpose of Replication, Repackaging or Resale. You
        won't, under any circumstances, export Content to a datastore intended
        to replicate, in whole or in part, Tumblr’s datastore, nor will you
        repackage and/or resell the Licensed Materials, including any Content,
        in any manner, including but not limited to by offering access to the
        Licensed Materials through your own API. For the sake of clarity, this
        restriction is not intended to apply to Licensee Applications that may,
        at the request of a user, export such user’s Content for the purposes of
        data portability.

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

     j. No Compromising Tumblr Security. You aren't permitted to use
        the Licensed Materials in any manner that does or could potentially
        undermine the security of the Tumblr Services or the Licensed Materials.
        In addition, you won't, and won't attempt to, (i) interfere with, modify
        or disable any features, functionality or security controls of the
        Tumblr Services, Tumblr API, or Tumblr Firehose, (ii) defeat, avoid,
        bypass, remove, deactivate or otherwise circumvent any protection
        mechanisms for the Licensed Materials, or (iii) reverse engineer,
        decompile, disassemble or derive source code, underlying ideas,
        algorithms, structure or organizational form from the Tumblr Services,
        Tumblr API, or Tumblr Firehose.

     k. Reporting Security Flaws and Unauthorized Access. You will
        immediately report to Tumblr any security flaws you discover in any of
        the Tumblr Services or the Licensed Materials. Tumblr reserves the
        right, in its sole discretion, to determine what constitutes a security
        flaw. You will also immediately report any actual or suspected
        unauthorized access to the Tumblr API or Tumblr Firehose using your
        credentials. Failure to report such flaws or unauthorized accesses,
        particularly prior to public disclosure, shall be considered a material
        breach of this Agreement.

        Be a good citizen: report suspected security issues to us before making
        them public. You can send security flaw reports to
        [security@tumblr.com].

     l. No Phishing, Malware, or Identity Theft. You will not publish or
        link to malicious content intended to damage, disrupt, compromise, or
        exploit a user’s browser, computer, mobile (or other) device, or Tumblr
        account or to compromise a user’s privacy in any manner. In addition,
        you won't collect, or try to collect, a user’s Tumblr credentials,
        including but not limited to usernames or passwords.

     m. No Spamming. You won't use the Tumblr Services, Tumblr API, or
        Tumblr Firehose, and won't create Licensee Applications, for the purpose
        of “spamming.” Tumblr reserves the right, in its sole discretion, to
        determine what actions constitute “spamming”. “Spamming,” includes, but
        isn't limited to, posting numerous substantially identical pieces of
        Content, posting misleading or obfuscated links, and executing a large
        number of native Tumblr actions (e.g., posting, reblogging, liking,
        following) in an unnaturally short period of time.

     n. Respect for Limitations. You will respect the letter and the
        spirit of the programmatic limitations of the Tumblr API and Tumblr
        Firehose and the restrictions of this Agreement in designing and
        implementing Licensee Applications. For example, you won't work around
        any explicit Tumblr API or Tumblr Firehose limitation, even if such is
        possible by avoiding use of the Tumblr API or Tumblr Firehose. Specific
        prohibited actions include “page scraping”, which is the process of
        downloading and parsing whole Tumblr pages in order to build Licensee
        Applications with capabilities beyond those provided by the Tumblr API
        or Tumblr Firehose. In addition, you will comply with any limitations
        imposed by Tumblr on the frequency of access, calls and use of the
        Tumblr API and Tumblr Firehose.

        We've put a tremendous amount of care into making Tumblr's API
        functional and flexible enough for any projects you'll throw at it, and
        while we add new features frequently, certain features and data are not
        yet available. We ask that you respect these limitations, as well as any
        rate limits that we may place on actions, which are designed to protect
        our systems.

     o. No Content Modifications. Unless you are legally permitted to
        do so, you won't use the Licensed Materials to make any modifications to
        any Content, other than to modify the formatting of such Content in
        order to display it in a manner appropriate for the pertinent Licensee
        Applications.

     p. No Circumvention or Reverse Engineering; Maintenance of Proprietary
        Notices. You won't, and won't attempt to: (i) interfere with, modify or
        disable any features or functionality of the Tumblr Services, Tumblr
        API, or Tumblr Firehose including, without limitation, any mechanisms
        used to restrict or control the Tumblr Services, Tumblr API, or Tumblr
        Firehose such as anti-circumvention measures; (ii) translate, reverse
        engineer, decompile, disassemble or derive source code, underlying
        ideas, algorithms, structure or organizational form from the Tumblr
        Services or the Licensed Materials; (iii) defeat, avoid, bypass, remove,
        deactivate or otherwise circumvent any protection mechanisms for the
        Tumblr Services or the Licensed Materials; or (iv) remove or modify any
        proprietary notices, attribution or marks from or delivered as part of
        the Tumblr Services or the Licensed Materials.

     q. Genuine Actions. You won't create Licensee Applications with
        capabilities that do not reflect explicit, genuine expressions of user
        intent and permission. For example, Licensee Applications should not
        automatically follow blogs, should not like, reblog, or reply to Content
        without explicit user direction to do so, and should not post to the
        Tumblr Services on a user’s behalf without (i) a specific interaction
        informing a user that such user is making a post, and notifying the user
        where that post will go, and (ii) an explicit action by such user
        evincing permission for making the post (e.g., a Licensee Application
        should not automatically generate a post indicating that a user has
        signed up for it). In addition, a Licensee Application should not
        require a user to generate a post as a prerequisite to using the
        application or a feature of the application.

        Make sure any actions triggered on Tumblr are what your users expect and
        intend. Don't automate user commands like following, liking, or
        reblogging. Don't encourage insincere gestures, by for example, creating
        “follow trains”.

     r. No Continuous Playback. You won't use the Tumblr Services, the Tumblr
        API, or the Tumblr Firehose in a manner that enables sequential,
        continuous and/or uninterrupted playback of any Content, including but
        not limited to video, audio, or images.

        For performance reasons, at this time we don't allow apps that allow
        continuous playback of media without user input.

     s. Indicating Use of the Tumblr Services and the Licensed Materials. In a
        prominent location in all Licensee Applications, you should, to the
        extent reasonable based on the nature of the Licensee Application,
        indicate that the application has been created using the Tumblr Services
        and/or the Licensed Materials. You will comply with the [Tumblr Trademark
        Guidelines] when making that indication.

        Make sure to say somewhere in your application that you’re building an
        application using resources from Tumblr.

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

     t. Use of Tumblr Marks. You won't, under any circumstances: (i) include in
        or use the Tumblr Marks, or any marks that are confusingly similar to or
        derivative of the Tumblr Marks (including without limitation, “TUMBL”,
        “TUMBLOG”, “TUM” and “BLR”) (“Confusing Marks”), as part of your trade
        name (registered or otherwise), logos, or other identifiers; (ii)
        include in or use the Tumblr Marks or any Confusing Marks as part of any
        names, domain names, logos, or other identifiers of Licensee
        Applications; or (iii) use the Tumblr Marks or Confusing Marks in a
        manner that creates or may create a sense of endorsement, sponsorship,
        or association with Tumblr, unless expressly permitted by Tumblr, in
        writing, to do so. All use of the Tumblr Marks, and any goodwill arising
        out of such use, shall inure to the benefit of Tumblr. You may freely
        state and disclose that you are using the Tumblr Services, Tumblr API,
        or Tumblr Firehose, as long as you adhere to all restrictions on the use
        of the Tumblr Marks stated in this Agreement, including those stated in
        the [Tumblr Trademark Guidelines]. You have a responsibility to make sure
        users know your app was not built or endorsed by Tumblr.

     u. No Misleading Users. You may not, under any circumstances, whether
        within a Licensee Application or in materials discussing or concerning a
        Licensee Application, mislead, confuse or cause misapprehension or
        confusion among users as to the features, functionality, origin,
        capabilities, or other aspects of that Licensee Application, Tumblr, the
        Tumblr Services, or the Licensed Materials.

        You should not advertise or otherwise discuss your application in a way
        that confuses or misleads users about the application or about Tumblr.

     v. Monitoring. Tumblr reserves the right to monitor your use of the
        Licensed Materials for any reason or no reason, including to ensure your
        compliance with the terms and conditions of this Agreement.

     w. Reporting and Statistics. You will ensure that all Licensee Applications
        properly and accurately use all reporting functionality that is made
        available through aspects of the Tumblr API or Tumblr Firehose that are
        used by such Licensee Applications.
        
        When you register an application or report other data to us, you’ll make
        an effort to ensure that that information is accurate.

     x. Attribution. You agree to maintain proper attribution for all pieces of
        Content to (1) the Tumblr blog that posted such Content (the “Posting
        Blog”) and (2) the source of the Content, if such source was provided in
        the Licensed Materials (the “Source”). At no time will you falsely
        attribute Content. For the sake of clarity, this means that your
        Licensee Applications won't display any Content without attribution to
        the Posting Blog and Source (if available), as delivered in the Licensed
        Materials. In addition, you and your Licensee Applications won't modify
        or remove any proprietary notices, attribution or marks from the
        Licensed Materials.
        
        Attribution is really important for bloggers and content creators. You
        should make sure blog posts properly attribute both the posting blog
        and the origin source (when available).

  4. Modifications. You acknowledge and agree that Tumblr may modify (including
     but not limited to updating) this Agreement, the Tumblr Services, the
     Licensed Materials, and the Tumblr Policies from time to time (a
     “Modification”). Except for modifications of the Tumblr Services, you will
     generally be notified about Modifications through notifications or posts on
     the Developer Website or through a form of direct communication from Tumblr
     to you, including but not limited to e-mail or notifications provided
     through the Tumblr Services. A Modification to this Agreement will become
     effective fourteen days after we have posted the Modification and provided
     you notification of the Modification. You otherwise acknowledge and agree that
     the Tumblr Services and the Licensed Materials may be modified at any time and
     without any notice to you. You will, within thirty (30) days from the date
     of first notice of any Modification(s) (or such shorter period of time
     specified in the notice of the Modification(s)) comply with such
     modification(s) by implementing and using the most current version of the
     Licensed Materials and making any changes to Licensee Applications that may
     be required as a result of such Modification(s). You acknowledge that a
     Modification may have an adverse effect on your Licensee Applications,
     including but not limited to changing the manner in which those Licensee
     Applications communicate with the Tumblr Services and display Content. Your
     sole recourse for such adverse effects is to terminate this Agreement
     pursuant to the Section titled “Termination”. Your continued access to or
     use of the Tumblr Services or any Licensed Materials following such thirty
     (30) day period shall constitute binding acceptance of the applicable
     Modification(s). Tumblr will attempt, but is not obligated, to provide
     thirty (30) days notice of any Modification that is not backwards
     compatible or that Tumblr reasonably believes will remove or materially
     alter significant functionality of the Tumblr API.

     We often have to modify our services and APIs, and also may have to modify
     this agreement, so here we reserve that right. We’ll give you as much
     notice as we can, but you need to comply with the modifications within 30
     days or your access to Tumblr and/or our APIs may be revoked.

  5. Ownership.

     Tumblr and/or its users own and have all rights to everything except your
     application; you own and have all rights to your application excluding
     all of the other stuff.

     a. Tumblr. Tumblr and its licensors, particularly its users, retain all
        worldwide right, title and interest in and to the Licensed Materials,
        including all worldwide intellectual property rights therein. As between
        you and Tumblr, Tumblr owns all right, title and interest in and to the
        Tumblr Services, the Tumblr API, the Tumblr Firehose, the Tumblr Marks,
        any Tumblr-owned Content, and any derivative works or enhancements
        thereof, including but not limited to all worldwide intellectual
        property rights therein. You agree not to act in any manner inconsistent
        with such ownership. Any of Tumblr’s rights not expressly granted under
        this Agreement are withheld. You agree that you will not challenge
        Tumblr’s ownership of the Tumblr Services, the Tumblr API, the Tumblr
        Firehose, the Tumblr Marks, or any Tumblr-owned Content, challenge the
        validity of the licenses granted under this Agreement, or otherwise copy
        or exploit the Tumblr Services, the Tumblr API, the Tumblr Firehose, the
        Tumblr Marks, or any Tumblr-owned Content during or after the
        termination of this Agreement, except as expressly authorized under this
        Agreement. If you acquire any rights in the Tumblr Services, the Tumblr
        API, the Tumblr Firehose, the Tumblr Marks (or any confusingly similar
        marks), or any Tumblr-owned Content, by operation of law or otherwise,
        you will, at no expense to Tumblr, immediately effectuate an assignment
        of such rights to Tumblr.

     b. Licensee. As between you and Tumblr, you retain all worldwide right,
        title and interest in and to the Licensee Applications, excluding the
        Tumblr Services, the Licensed Materials, the Tumblr Marks, and any
        derivative works or enhancements thereof, including but not limited to
        all intellectual property rights therein.

     c. Feedback. You may provide Tumblr with feedback or comments related to
        the Licensed Materials and/or your experience with and use thereof
        (“Feedback”). You agree that Tumblr and its designees and assigns shall
        be free to copy, modify, create derivative works of, publicly display,
        disclose, distribute, license, sublicense, incorporate, and otherwise
        use Feedback, including all derivative works thereto, for any and all
        purposes, commercial or otherwise, with no obligation of any kind to
        you.

  6. Support.

     a. This Agreement does not entitle you to any support for the Licensed
        Materials, unless you make separate arrangements with Tumblr. Any such
        support provided by Tumblr shall be subject to the terms of this
        Agreement as modified by a separate support agreement. You are solely
        responsible for providing all support and technical assistance to end
        users of your Licensee Applications. You acknowledge and agree that
        Tumblr has no obligation to provide support or technical assistance
        directly to your end users and you shall not represent to any of your
        end users that Tumblr is available to provide such support.

        We’ll do our best, but we can't guarantee any support for you or your
        Licensee Applications. We also can’t support your users. You promise
        that you’ll do your best to support your own applications.

  7. Content.

     a. Creation of Content. If a Licensee Application allows a user to post
        Content (i.e., to generate material that will be hosted on the Tumblr
        Services): (i) the Licensee Application will acquire that user’s
        affirmative permission to post such Content, (ii) the Licensee
        Application will promptly provide such Content to the Tumblr Services;
        (iii) the Licensee Application will provide the user a prominent and
        clear disclosure detailing how you may use such Content separately from
        transmitting that Content to the Tumblr Services and seeking the
        necessary licenses for you to use that Content as disclosed; (iv) your
        use of Content must adhere to the restrictions set forth in the Section
        titled “Restrictions”; (v) you must provide the user prominent access
        via URL to the Tumblr Policies; and (vi) you may provide Tumblr with an
        application identifier that Tumblr may display in conjunction with the
        Content.

        If your application allows people to post to Tumblr, you need to: get
        their consent, be open with them about their rights and responsibilities
        regarding their content and actually provide that content to Tumblr.

     b. Changes to Content. When you have been notified (for example, through
        the Tumblr API), you will within twenty-four hours after such notification,
        honor any changes made on or related to Content (including, but not
        limited to, by modifying applicable Licensee Applications), including but
        not limited to: (i) deleting or removing Content that has been deleted
        or removed from the Tumblr Services; (ii) disabling access to Content on
        suspended or terminated blogs; (iii) modify Content that has been modified
        on the Tumblr Services; and (iv) change the treatment, in your Licensee
        Applications, of Content that has had its sharing options modified. (e.g.,
        by removing from display any Content that has been placed behind a password
        protected blog). For Content received from the Tumblr Firehose, such
        changes must be reflected immediately. 

        When users content is changed on Tumblr, your application is
        required to reflect those changes.

     c. Storage and Caching of Content. Under no circumstances will you
        or your Licensee Applications store or cache Content for longer than
        three (3) days; after three (3) days, you and/or your Licensee
        Applications will re-request any such Content. Notwithstanding the
        foregoing, storage and caching of Content received from the Tumblr
        Firehose will be governed by the terms and duration stated in the 
        applicable MSA and in the absence of such terms, storage of such Content
        shall be governed by this clause.

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

   8. Privacy.

     a. Tumblr User Information. To  the extent you have access to  and are
        permitted to use Tumblr User Information through the Licensed Materials
        for a specific Licensee Application, that access and use shall be in
        accordance with the then-current [Tumblr Privacy Policy]. You will ensure
        that Tumblr User Information disclosed in Content, inadvertently or
        otherwise, is not exploited for improper purposes such as identity
        theft, fraud, or spamming.

        We take privacy seriously, and so should you. If you have access to any
        information about a Tumblr user, you have to adhere to our [Privacy
        Policy] and otherwise have to make sure that information is treated
        carefully.

     b. Licensee User Information. You may choose to collect
        information relating to users of your Licensee Applications (“Licensee
        Application User Information”). If you collect Licensee Application User
        Information, you will provide to users an applicable privacy policy that
        clearly discloses your information collection, storage, and sharing
        practices, including the extent to which such Licensee Application User
        Information is disclosed to third parties like Tumblr. Your privacy
        policy must: (i) comply and be consistent with all applicable laws and
        guidelines, including, but not limited to, data protection regulations
        in applicable territories and the applicable guidelines of the U.S.
        Federal Trade Commission; (ii) allow disclosure of Licensee Application
        User Information to Tumblr, to the extent necessary for your use of the
        Licensed Materials, in accordance with the then-current [Tumblr Privacy
        Policy]; and (iii) be no less protective of applicable end users than
        the then-current [Tumblr Privacy Policy]. You should also ensure that any
        collection or sharing of information that would be unusual for the
        Tumblr Services is conspicuously noted and that appropriate consents are
        obtained from your users.

        If you are asking users for more information than Tumblr does, you'll
        have to have your own privacy policy that is at least as protective as
        ours, and make sure you notify users and get their consent as needed.

  9.  Confidentiality. You may from time to time, gain access to
      proprietary information, technical data, trade secrets or know-how,
      including, but not limited to, source code, research, product plans,
      products, services, customers, customer lists, markets, software,
      developments, inventions, processes, formulas, technology, designs,
      drawings, engineering, hardware configuration information, marketing,
      finances, or other business information that is either marked as
      “confidential” or disclosed in such a manner that it would be reasonably
      apparent it should be treated confidentially (“Confidential Information”).
      You may use Confidential Information only to the extent necessary to
      exercise your rights under this Agreement. You may not disclose
      Confidential Information to a third party without the prior express
      consent of Tumblr, provided in writing or by email. You agree that you
      will protect Confidential Information from unauthorized use, access, or
      disclosure in the same manner that you would use to protect its own
      confidential and proprietary information of a similar nature and in any
      event with no less than a reasonable degree of care.

  10. Term and Termination; Survival. This Agreement shall commence
      on the Effective Date and will remain in effect until terminated pursuant
      to this Section. Either party may terminate this Agreement at any time,
      for any reason, or for no reason including, but not limited to, if you
      violate any provision of this Agreement. Any termination of this Agreement
      shall also terminate the licenses granted hereunder. Upon termination of
      this Agreement for any reason, you will stop using, and either return to
      Tumblr, or destroy and remove from all computers, hard drives, networks,
      and other storage media, all copies of the Licensed Materials and any
      Confidential Information in your possession, and shall certify to Tumblr
      that such actions have occurred. The Sections titled “Restrictions”,
      “Ownership”, “Support”, “Confidentiality”, “Representations and
      Warranties”, “Indemnification”, “Disclaimer”, “Limitation of Liability”,
      and “Miscellaneous” shall survive termination of this Agreement.

  11. Representations and Warranties. You represent and warrant that:
      (i) you have the necessary power and authority to enter into this
      Agreement, and that the performance of your obligations will not
      constitute a breach or otherwise violate any other Agreement or the rights
      of any third party arising therefrom; (ii) you will maintain, throughout
      the Term, all required rights and licenses related to the Licensee
      Applications and the Licensee Applications shall not infringe or otherwise
      violate any third party rights, including but not limited to third party
      intellectual property rights; and (iii) your uses of the Licensed
      Materials do and shall comply with all applicable foreign, federal, state
      and local laws, rules, and regulations.

  12. Indemnification. You will indemnify and hold Tumblr, its subsidiaries,
      affiliates (i.e., any other persons or entities that directly or indirectly
      control, or are under common control with, or are directly or indirectly
      controlled by, Tumblr) employees, and agents harmless from any and all
      claims, damages, losses, liabilities, actions, judgments, costs, and expenses
      brought by a third party arising out of or in connection with: (i) any act
      or omission by you in connection with your use of the Tumblr Services or
      the Licensed Materials; (ii) your use of the Tumblr Services or the Licensed
      Materials, including but not limited to other than as expressly allowed by
      this Agreement; (iii) your breach of this Agreement, including but not
      limited to your representations and warranties herein; or (iv) any Licensee
      Application.

  13. Disclaimer. The Tumblr Services and the Licensed Materials are provided
      “as is” without warranty of any kind. Tumblr disclaims all warranties,
      whether express, implied or statutory, regarding the Licensed Materials
      and the Tumblr Services, including without limitation any and all implied
      warranties of merchantability, accuracy, results of use, reliability,
      fitness for a particular purpose, title, interference with quiet
      enjoyment, non-infringement of third-party rights and any warranties or
      conditions arising out of course of dealing or usage of trade. Further,
      Tumblr disclaims any warranty that your use of the Licensed Materials or
      the Tumblr Services will meet any or all of your requirements or that such
      use will be uninterrupted, error-free, virus-free, or secure. Some states
      do not allow the exclusion or limitation of implied warranties, so the
      above limitations and exclusions may not apply to you.

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

  14. Limitation of Liability. In no event shall Tumblr be liable to
      you for any special, incidental, indirect, direct, exemplary, punitive,
      compensatory, or consequential damages (including loss of use, data,
      business or profits) arising out of or in connection with this Agreement,
      whether such liability arises from any claim based upon contract,
      warranty, tort (including negligence), strict liability or otherwise, and
      whether or not Tumblr has been advised of the possibility of such loss or
      damage. Any claim arising our of or relating to this Agreement must be
      brought within one (1) year. In any case, Tumblr’s aggregate liability
      under this Agreement will not exceed fifty U.S. dollars (US$50.00). The
      foregoing limitations will survive and apply even if any limited remedy
      specified in this agreement is found to have failed of its essential
      purpose. Some states do not allow the exclusion or limitation of
      incidental or consequential damages, so the above limitations and
      exclusions may not apply to you.

  15. Miscellaneous. This Agreement constitutes the entire agreement
      among the parties with respect to the subject matter of this Agreement and
      supersedes and merges all prior proposals, understandings, and
      contemporaneous communications, whether oral, written or electronic. If
      any provision of this Agreement is found to be unenforceable or invalid,
      that provision will be limited or eliminated to the minimum extent
      necessary so that this Agreement will otherwise remain in full force and
      effect and enforceable. Any modification of or changes to this Agreement
      must be in a writing duly authorized by an authorized representative of
      Tumblr or pursuant to the Section titled “Modifications”. You may not
      assign any of the rights or obligations granted under this Agreement,
      voluntarily or by operation of law (including without limitation in
      connection with a merger, acquisition, or sale of assets) except with the
      express written consent of Tumblr, and any attempted assignment in
      violation of this paragraph is void. Tumblr may assign, transfer or
      delegate any of its rights and obligations hereunder without notice or
      consent. No agency, partnership, joint venture, or employment relationship
      is created as a result of this Agreement and neither party has any
      authority of any kind to bind the other in any respect. This Agreement
      shall be governed by and construed in accordance with the laws of the
      State of New York, including its conflicts of law rules, and the United
      States of America. You agree that any dispute arising from or relating to
      the subject matter of this Agreement shall be governed by the exclusive
      jurisdiction and venue of the state and federal courts of New York County,
      New York. You agree that any claim you may have arising out of or related
      to this Agreement and/or your use of the Licensed Materials must be filed
      within one year after such claim arose; otherwise, your claim is permanently
      barred. The section and paragraph headings in this Agreement, along with
      all provided annotations, are for convenience only and shall not affect
      the interpretation of this Agreement. The failure of Tumblr to enforce any
      part of this Agreement shall not constitute a waiver of its right to later
      enforce that or any other part of this Agreement. Waiver of compliance in
      any particular instance does not mean that Tumblr will waive compliance in
      the future. In order for any waiver of any covenant or right under this
      Agreement to be binding, such waiver must be memorialized in a writing
      duly authorized by Tumblr. Unless otherwise specified, all notices under
      this Agreement will be in writing and will be deemed to have been duly
      given when received, if personally delivered or sent by certified or
      registered mail, return receipt requested; when receipt is electronically
      confirmed, if transmitted by facsimile or e-mail; or the day after it is
      sent, if sent for next day delivery by recognized overnight delivery
      service. All notices to Tumblr shall be sent to [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 Application Developer and API
  License Agreement below. We have stored these versions on GitHub, which will
  also allow you to compare different versions and see what terms have changed:

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