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  1. +176 −63 community-guidelines.txt
  2. +403 −175 privacy-policy.txt
  3. +551 −468 terms-of-service.txt
239 community-guidelines.txt
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@@ -1,63 +1,176 @@
-Last Modified: 2010-04-26
-
-The intent of this document is to clarify what we consider to be acceptable
-use of Tumblr.
-
-If you are found to be in violation of any of the below policies, you will
-receive a notice via email. Unless you explain or correct your behavior
-within 72 hours, your account will be suspended. We will do our best to
-work with you and ensure a fair outcome in all cases. We reserve the right
-to immediately suspend, without notice, any content, account, or IP address
-which we determine to be systematically generated, spam, or potentially
-damaging to our service or infrastructure.
-
-When your account is suspended, public access to your content is blocked,
-and your Tumblr URL (and custom domain if applicable) is redirected to the
-Tumblr home page. Access to your Tumblr Dashboard and the ability to
-add/edit posts is also disabled.
-
-• REDUNDANT CONTENT. Tumblr is not intended to be an all-purpose content
- aggregator. Users who import or aggregate content in a less-than-meaningful
- way are likely to be suspended.
-
-• ILLEGAL USE. Tumblr may not be used for illegal purposes. Examples of this
- include using Tumblr for fraudulent purposes or operating a phishing site
- (used to obtain account and password information).
-
-• SPAM. Users that do not publish meaningful content, use deceptive means to
- generate revenue or traffic, or whose primary purpose is affiliate
- marketing, will be suspended.
-
-• IDENTITY THEFT AND PRIVACY. Users that misleadingly appropriate the
- identity of another person are not permitted. Users may not post other
- people's personally identifying or confidential information, including but
- not limited to credit card numbers, Social Security Numbers, and driver's
- and other license numbers. You may not post information such as other
- people's passwords, usernames, phone numbers, addresses and e-mail
- addresses unless already publicly accessible on the Web.
-
-• HATE CONTENT, DEFAMATION, AND LIBEL. Hate speech and other objectionable
- content that is unlawful, defamatory, and fraudulent. Note that an
- allegation of defamatory expression, in and of itself, does not establish
- defamation. The truth or falsehood of a bit of expression is a key element
- in establishing defamation, and we are not in a position to make that sort
- of fact-based judgment. That said, if we have reason to believe that a
- particular statement is defamatory (a court order, for example), we will
- remove that statement.
-
-• DISRUPTIONS AND EXPLOITS. We will terminate accounts and block addresses of
- those who attempt unauthorized use of Tumblr.com.
-
-• COPYRIGHT. Using copyrighted material does not constitute infringement in
- all cases. In general, however, users should be careful when using
- copyrighted content without the permission of those who created it. It is
- our policy to respond to notices of alleged infringement that comply with
- the Digital Millennium Copyright Act ("DMCA").
-
-• MASS REGISTRATION AND AUTOMATION. Accounts that are registered
- automatically or systematically will be removed and access will be
- permanently suspended.
-
-• SEXUALLY EXPLICIT VIDEO. Accounts that use Tumblr's Video Upload feature to
- regularly upload and host sexually explicit or pornographic material will
- be suspended.
+Last Modified: 2012-03-02
+
+As a global platform for creativity and self-expression, Tumblr is deeply
+committed to supporting and protecting freedom of speech. At the same time, we
+draw lines around a few narrowly-defined but deeply important categories of
+content and behavior that jeopardize our users, threaten our infrastructure,
+or damage our community.
+
+What Tumblr is for:
+
+ Tumblr celebrates creativity. We want you to express yourself freely and use
+ Tumblr to reflect who you are, and what you love, think, witness, and
+ believe.
+
+What Tumblr is not for:
+
+ Malicious Bigotry.
+
+ Don't actively promote violence or extreme hatred against individuals or
+ groups, on the basis of race, ethnic origin, religion, disability, gender,
+ age, veteran status, or sexual orientation. While we firmly believe that
+ the best response to hateful speech is not censorship but more speech, we
+ will take down malicious bigotry, as defined here.
+
+ Harm to Minors.
+
+ Be thoughtful when posting anything involving a minor. Don't post anything
+ relating to minors that is sexually suggestive or violent. Don't bully
+ minors, even if you are one. Life as a teenager is hard enough without the
+ fear, anguish, and isolation caused by online bullying.
+
+ Promotion and Glorification of Self-Harm.
+
+ Don't post content that actively promotes or glorifies self-harm. This
+ includes content that urges or encourages readers to cut or injure
+ themselves; embrace anorexia, bulimia, or other eating disorders; or
+ commit suicide rather than, e.g., seeking counseling or treatment, or
+ joining together in supportive conversation with those suffering or
+ recovering from depression or other conditions. Dialogue about these
+ behaviors is incredibly important and online communities can be
+ extraordinarily helpful to people struggling with these difficult
+ conditions. We aim to sustain Tumblr as a place that facilitates
+ awareness, support and recovery, and to remove only those blogs that cross
+ the line into active promotion or glorification of self-harm.
+
+ Gore and Mutilation Content.
+
+ Don't post gore just to be shocking. Don't showcase the mutilation or
+ torture of human beings, animals, or their remains.
+
+ Unflagged NSFW Blogs.
+
+ Tumblr is home to millions of readers and bloggers from a variety of
+ locations, cultures, and backgrounds with different points of view
+ concerning adult-oriented content. If you regularly post sexual or
+ adult-oriented content, respect the choices of people in our community who
+ would rather not see such content by flagging your blog (which you can do
+ from the Settings page of each blog) as Not Suitable for Work ("NSFW").
+ This action does not prevent you and your readers from using any of
+ Tumblr's social features, but rather allows Tumblr users who don't want to
+ see NSFW content to avoid seeing it.
+
+ Uploading Sexually Explicit Video.
+
+ You can embed anything as long as it follows the other guidelines on this
+ page. But please don't use Tumblr's Upload Video feature to host any
+ sexually explicit videos. We're not in the business of profiting from
+ adult-oriented videos and hosting this stuff is fucking expensive. You can
+ use services like [Fantasti.cc] to host those instead.
+
+ Non-Genuine Social Gesture Schemes.
+
+ Don't participate in schemes to gain non-genuine gestures like follows or
+ reblogs. Don't orchestrate or engage in "follow trains," where users are
+ encouraged to follow lists of other users to gain more followers for
+ themselves. Don't scatter deceptive links to your blog or Follow pages.
+ Don't make bulk or indiscriminate use of messaging features like Fan Mail
+ or Asks to bait followers.
+
+ Username and URL Abuse.
+
+ Tumblr's URLs (usernames) are for the use and enjoyment of our users.
+ Don't squat, hoard, collect, trade, or sell Tumblr URLs, and don't
+ register a URL for the purpose of impersonating an individual,
+ organization, or brand.
+
+ Spam.
+
+ Don't abuse social gestures, send unwanted messages, post misleading tags,
+ or import/aggregate content in a less-than-meaningful way. Don't inject
+ deceptive links or dubious code in your posts. That includes Javascript to
+ unwillingly inject ads in blogs, or embedding links to interstitial or
+ pop-up ad services. Don't use deceptive means to generate revenue or
+ traffic. Don't create blogs with the primary purpose of affiliate
+ marketing. Spam doesn't belong on Tumblr.
+
+ Mass Registration and Automation.
+
+ Don't register accounts or post content automatically, systematically, or
+ programmatically.
+
+ Unauthorized Sweepstakes or Giveaways.
+
+ Everyone wants to be a winner, but there are many reasons (including legal
+ ones) why Tumblr can't be used for sweepstakes without our involvement and
+ consent. If you're planning something like this, [let us know].
+
+ Third-Party Theme Distribution.
+
+ To manage the safety and stability of blog themes, the vast majority of
+ which are contributed by the Tumblr community, it's important that themes
+ are distributed through our centralized Theme Garden. Third-party theme
+ directories are often used to inject nefarious code that results in spam,
+ ads, or phishing attacks. Since anyone can host and promote their themes
+ in the Theme Garden, don't create or use third-party services to
+ distribute source code for Tumblr themes. Creating blogs or directories
+ that curate themes in the Theme Garden is a-okay.
+
+ Copyright and Trademark Infringement.
+
+ Respect the copyrights and trademarks of others. If you aren't authorized
+ to use someone else's copyrighted or trademarked work (either expressly or
+ by legal exceptions and limitations like [fair use]), don't. It is our
+ policy to respond to notices of alleged copyright infringement as per our
+ [Terms of Service] and the Digital Millennium Copyright Act.
+
+ Impersonation, Stalking, or Harassment.
+
+ Treat the community the way you'd like to be treated. Don't attempt to
+ circumvent the Block feature. If you want to parody or ridicule a public
+ figure (and who doesn't?), don't try to trick readers into thinking you
+ are actually that public figure.
+
+ Privacy Violations.
+
+ Don't use Tumblr to deceptively obtain personal information. Don't post
+ content that violates anyone's privacy, including personally identifying
+ or confidential information like credit card numbers, social security
+ numbers, unlisted contact information, or private photos of your ex's junk
+ (no matter how attractive).
+
+ Disruptions, Exploits, and Resource Abuse.
+
+ Our servers and the valiant engineers that support them work hard for you.
+ Don't attempt unauthorized use, disruption, or exploitation of Tumblr.com
+ or our other products and services, or otherwise abuse Tumblr's resources.
+
+ Unlawful Uses and Content.
+
+ This one's pretty obvious, but Tumblr is not a place for illegal behavior,
+ including fraud, phishing, or illegally inciting violence.
+
+And now, some words from our lawyers:
+
+ If we conclude you are violating these policies, you may receive a notice
+ via email. If you don't explain or correct your behavior, your account may
+ be suspended and/or your IP address may be blocked. We do our best to ensure
+ fair outcomes, but in all cases we reserve the right to suspend accounts or
+ remove content, without notice, for any reason, but particularly to protect
+ our services, infrastructure, users, or community. We reserve the right to
+ enforce, or not enforce, these policies in our sole discretion, and these
+ policies don't create a duty or contractual obligation for us to act in any
+ particular manner.
+
+ We also reserve the right to amend these policies using the procedures set
+ forth in our [Terms of Service].
+
+ If you have questions or feedback, don't hesitate to [let us know].
+
+Link to Prior Versions
+
+ You will find a link to prior versions of our Community Guidelines 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/community-guidelines.txt
578 privacy-policy.txt
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@@ -1,175 +1,403 @@
-Last Modified: 2007-11-01
-
-Tumblr, Inc. ("Tumblr") takes the private nature of your personal
-information very seriously. This Privacy Policy (which we adapted from a
-policy originally provided by [Automattic] ([WordPress.com])) describes how we
-treat the information we collect when you visit and use the website
-available at Tumblr.com (the "Website") and is made available under the
-Creative Commons Sharealike license. Please read this notice very carefully.
-
-Website Visitors
-
- Like most website operators, Tumblr collects non-personally-identifying
- information of the sort that web browsers and servers typically make
- available, such as the browser type, language preference, referring site,
- and the date and time of each visitor request. Tumblr’s purpose in
- collecting non-personally identifying information is to better understand
- how Tumblr’s visitors use its Website. From time to time, Tumblr may
- release non-personally-identifying information in the aggregate, e.g., by
- publishing a report on trends in the usage of its Website.
-
- Tumblr also collects potentially personally-identifying information like
- Internet Protocol (IP) addresses. Tumblr does not use such information to
- identify its visitors, however, and does not disclose such information,
- other than under the same circumstances that it uses and discloses
- personally-identifying information, as described below. 

-
-Gathering of Personally-Identifying Information
-
- Certain visitors to the Website choose to interact with Tumblr in ways that
- require Tumblr to gather personally-identifying information. The amount and
- type of information that Tumblr gathers depends on the nature of the
- interaction. For example, we ask visitors who sign up for a blog at
- Tumblr.com to provide a username and email address. Those who engage in
- transactions with Tumblr are asked to provide additional information,
- including as necessary the personal and financial information required to
- process those transactions. In each case, Tumblr collects such information
- only insofar as is necessary or appropriate to fulfill the purpose of the
- visitor’s interaction with Tumblr. Tumblr does not disclose
- personally-identifying information other than as described below. And
- visitors can always refuse to supply personally-identifying information,
- with the caveat that it may prevent them from engaging in certain
- website-related activities.
-
- Tumblr does not collect personally identifiable information from children
- under the age of 13. If you believe that a child has provided Tumblr with
- personally identifiable information without the consent of his or her
- parent or guardian, please contact us at [support@tumblr.com] If Tumblr
- becomes aware that a child under age 13 has provided us with personally
- identifiable information, we will delete such information.

-
-Aggregated Statistics
-
- Tumblr may collect statistics about the behavior of visitors to the
- Website. For instance, Tumblr may monitor the most popular blogs on the
- Tumblr.com site to help identify spam. Tumblr may display this information
- publicly or provide it to others. However, Tumblr does not disclose
- personally-identifying information other than as described below. 

-
-Protection of Certain Personally-Identifying Information
-
- Tumblr discloses potentially personally-identifying and
- personally-identifying information only to those of its employees,
- contractors and affiliated organizations that (i) need to know that
- information in order to process it on Tumblr’s behalf or to provide
- services available at the Website, and (ii) that have agreed not to
- disclose it to others. Some of those employees, contractors and affiliated
- organizations may be located outside of your home country; by using the
- Website, you consent to the transfer of such information to them. In
- addition, in some cases we may choose to buy or sell assets. In these types
- of transactions, user information is typically one of the business assets
- that is transferred. Moreover, if Tumblr or substantially all of its assets
- were acquired, or in the unlikely event that Tumblr goes out of business or
- enters bankruptcy, user information would be one of the assets that is
- transferred or acquired by a third party. You acknowledge that such
- transfers may occur, and that any acquiror of Tumblr may continue to use
- your personal and non-personal information only as set forth in this
- policy. Otherwise, Tumblr will not rent or sell potentially
- personally-identifying and personally-identifying information to anyone.
-
- Other than to its employees, contractors and affiliated organizations or as
- described above, Tumblr discloses potentially personally-identifying and
- personally-identifying information only when required to do so by law, or
- when Tumblr believes in good faith that disclosure is reasonably necessary
- to protect the property or rights of Tumblr, third parties or the public at
- large. If you are a registered user of the Tumblr Website and have supplied
- your email address, Tumblr may occasionally send you an email to tell you
- about new features, solicit your feedback, or just keep you up to date with
- what’s going on with Tumblr and our products. We primarily use our various
- product blogs to communicate this type of information, so we expect to keep
- this type of email to a minimum. If you send us a request (for example via
- a support email or via one of our feedback mechanisms), we reserve the
- right to publish it in order to help us clarify or respond to your request
- or to help us support other users. Tumblr takes all measures reasonably
- necessary to protect against the unauthorized access, use, alteration or
- destruction of potentially personally-identifying and
- personally-identifying information.
-
- You should also be aware that if you submit information to "chat rooms,"
- "forums" or "message boards" such information becomes public information,
- meaning that you lose any privacy rights you might have with regards to
- that information. Such disclosures may also increase your chances of
- receiving unwanted communications.
-
- For users outside the United States, please note that any
- personally-identifiable information you enter into the Website will be
- transferred out of your country and into the United States. You consent to
- such transfer through your use of the Website. You also warrant that you
- have the right to transfer such information outside your country and into
- the United States.
-
-Links to Third Party Sites
-
- This Privacy Policy only applies to information collected by Tumblr. This
- Privacy Policy does not apply to the practices of companies that Tumblr
- does not own or control, or employees that Tumblr does not manage. The
- Website contains links to third party websites. Any information you provide
- to, or that is collected by, third-party sites may be subject to the
- privacy policies of those sites, if any. We encourage you to read such
- privacy policies of any third-party sites you visit. It is the sole
- responsibility of such third parties to adhere to any applicable
- restrictions on the disclosure of your personally-identifying information,
- and Tumblr and its affiliates shall not be liable for wrongful use or
- disclosure of your personally-identifying information by any third party.
-
-Security
-
- All non-personally-identifying information, potentially
- personally-identifying and personally identifying-information described
- above is stored on restricted database servers.

-
-Choice/Opt-out
-
- If we ever send you information by e-mail concerning new products, services
- or information that you did not expressly request, we will provide you with
- an e-mail address by which you may request no further notices.

-
-Cookies
-
- A cookie is a string of information that a website stores on a visitor’s
- computer, and that the visitor’s browser provides to the website each time
- the visitor returns. Tumblr uses cookies to help Tumblr identify and track
- visitors, their usage of the Tumblr Website, and their Website access
- preferences. Tumblr visitors who do not wish to have cookies placed on
- their computers should set their browsers to refuse cookies before using
- the Tumblr Website, with the drawback that certain features of Tumblr’s
- Website may not function properly without the aid of cookies.
-
-Address Book Data
-
- Any external address book data (email contacts, etc.) that a user
- voluntarily gives Tumblr access to will only be used for the described
- feature (looking up friends, etc.), and will not be stored or repurposed.
-
-Privacy Policy Changes
-
- Although most changes are likely to be minor, Tumblr may change its Privacy
- Policy from time to time, and in Tumblr’s sole discretion. If we do then
- we’ll notify you by posting the amended policy on the Website or by
- emailing you of the nature of the modifications along with a link to the
- modified document so that you can review it. In all cases, use of
- information we collect now is subject to the Privacy Policy in effect at
- the time such information is collected.
-
-Review and Access
-
- Upon your request, we will provide you with a summary of the information we
- collect about you. You will have the opportunity to correct, update, modify
- or delete this information by sending an e-mail to [support@tumblr.com].
- Please note that some information may remain in our records after deletion
- of your account.
-
-Contact Us
-
- If you have any questions about this policy or our site in general, please
- contact us at [support@tumblr.com].
+Last Modified: 2012-03-02
+
+Tumblr, Inc. ("Tumblr", "we", "us", or "our") takes the private nature of your
+personal information very seriously. This policy regarding our privacy
+practices (the "Privacy Policy") describes how we treat the information we
+collect when you visit and use the website available at tumblr.com (the
+"Site") and/or Tumblr's other domains, products, services, and/or content
+(collectively with the Site, the "Services"). When you use the Services, you
+are consenting to the collection, transfer, manipulation, storage, disclosure
+and other uses of your information as described in this Privacy Policy; please
+read it carefully.
+
+Also: This Privacy Policy doesn't govern what our users do on their own blogs
+and we aren't responsible for the information collection and use practices of
+our individual blogs and bloggers. One of the great features of Tumblr's
+products is customizability, and bloggers have a lot of flexibility in how
+their blogs behave. When you visit a blog in our network, that blog may
+collect more information than we do, and may provide information to third
+parties that we have no relationship with, including to advertisers.
+
+What This Privacy Policy Covers
+
+ This Privacy Policy covers our treatment of information gathered when you
+ are using or accessing the Services. This Privacy Policy also covers our
+ treatment of any information that our partners share with us or that we
+ share with our partners.
+
+ This Privacy Policy does not apply to the practices of third parties that we
+ do not own or control, including but not limited to any third party
+ websites, services and applications ("Third Party Services") that you elect
+ to access through the Service or to individuals that we don't manage or
+ employ. While we try to facilitate access only to those Third Party Services
+ that share our respect for your privacy, we don't take responsibility for
+ the content or privacy policies of those Third Party Services. We encourage
+ you to carefully review the privacy policies of all Third Party Services you
+ access.
+
+What Information We Collect and How We Use It
+
+ Account Information:
+
+ When you create an account on a Tumblr Service (an "Account"), you will
+ provide information such as your username, password, and email address.
+ You may also be required to provide us with your birthdate, which we use
+ to verify your age and may use to personalize the Services for you (e.g.,
+ by presenting you with content relevant to your age group). This
+ information may personally identify you. For example, if you use your full
+ name as your username, you are disclosing your identity to the public. We
+ also allow users to look for their friends by e-mail address; you can,
+ however, opt out of this feature through your Account Settings page, and
+ we do not expose your e-mail address to the public or third parties,
+ except in the limited circumstances set forth in this Privacy Policy.
+
+ Email Communications with Us:
+
+ As part of the Services, you may occasionally receive email and other
+ communications from us, such as administrative communications relating to
+ your Account (e.g., for purposes of Account recovery or password reset).
+ These communications are considered part of the Services and your Account,
+ which you may not be able to opt-out from receiving. You can opt-out of
+ most communications from Tumblr, such as new follower emails; please see
+ your Account Settings page. Note that we will never email you to ask for
+ your password or other Account information; if you receive such an email,
+ [forward it to us].
+
+ Information about Your Accounts on Third Party Services: You can link your
+ Account to certain Third Party Services. In order to do so, you will
+ provide us with your username or other user ID on each of those Third
+ Party Services. You may also be required to engage in an authorization
+ process with each of those Third Party Services, where we receive a token
+ that allows us to access those accounts so that we can, for example, when
+ you choose, post your Tumblr content, or links to your Tumblr content, to
+ those services. We do not receive or store your passwords for your Third
+ Party Service accounts.
+
+ Information Obtained from Third Party Services:
+
+ In some cases, when you connect your Account with your accounts on Third
+ Party Services, we may obtain information about you from those Third Party
+ Services. Such information could include, for example, your gender, if you
+ have disclosed that information to that third party and made it available
+ for Tumblr to access. To the extent we obtain such information, we may use
+ the information about you that we receive from Third Party Services to
+ improve and personalize the Services. As a general practice, we strongly
+ urge you to make careful judgments about any personal information you
+ disclose to Internet services, including Tumblr and linked Third Party
+ Services, regardless of whether you choose to link your accounts together.
+
+ User Content:
+
+ By default, all sharing through the Services is public, and when you
+ provide us with content it is published so that anyone can view it.
+ Although we do provide tools, like password-protected blogs, that let you
+ publish content privately, you should assume that anything you publish is
+ publicly accessible unless you have explicitly selected otherwise. Content
+ published and shared publicly is accessible to everyone, including search
+ engines, and you may lose any privacy rights you might have regarding that
+ content. In addition, information shared publicly may be copied and shared
+ throughout the Internet, including through features native to the
+ Services, such as "Reblogging." While you are free to remove published
+ pieces of content from or delete your Account, because of the nature of
+ Internet sharing, the strong possibility of Reblogging of your content by
+ others, and technological limitations inherent to the Services, copies of
+ that content may exist elsewhere and be retained indefinitely, including
+ in our systems.
+
+ Information About User Content:
+
+ In some cases, we may collect information about content you provide to the
+ Services. For example, when it's included with your images, we may collect
+ information describing your camera and camera settings. This information
+ allows us to improve the Services and provide additional features and
+ functionality.
+
+ Financial Information:
+
+ We will sometimes collect financial information, such as information
+ related to your payment method (valid credit card number, type, expiration
+ date or other financial information), for example when you decide to
+ purchase a paid Service. We do not, however, store that financial
+ information; such information is stored by our third party payment
+ processor (the "Payment Processor"), and use and storage of that
+ information is governed by the Payment Processor’s applicable [terms of
+ service] and [privacy policy] (the Payment Processor may also have other
+ terms, and you are responsible for locating and familiarizing yourself
+ with those terms, as applicable). We do receive certain information from
+ our Payment Processor: (1) a unique token that we connect with your
+ Account to enable you to make further purchases using the information
+ stored by our Payment Processor and (2) in certain cases, the last four
+ digits of the credit card number associated with that token, so that we
+ can prevent fraudulent transactions and identity theft.
+
+ Information Related to Use of the Services:
+
+ We collect information about how people use the Services, including those
+ with an Account. This information includes general usage information, and
+ may include information such as the number and frequency of our visitors,
+ which pages or features of the Services they have visited, which links on
+ the Services they have clicked on, and the length of those visits. We may
+ also use third party applications and services, such as Google Analytics
+ and Quantcast, to collect and analyze this information. This information
+ enables us and third parties authorized by us to figure out how often
+ individuals use the Services so that we can analyze and improve them. Some
+ of this information may be associated with the IP Address (as defined
+ below) used to access the Services, and some may be associated with your
+ Account, such as the topics you search for and the help pages that you
+ visit. We may also use some of this information in aggregate form, that
+ is, as a statistical measure related to all of our users that would not
+ identify you personally. We use information about your use of the Services
+ to improve and enhance your experience on the Services.
+
+ Information Related to Your Web Browser:
+
+ We automatically receive and record information from your web browser when
+ you interact with the Services, such as your browser type and version,
+ what sort of device you are using, your operating system and version, your
+ language preference, the website or service that referred you to the
+ Services, the date and time of each web request you make, your screen
+ display information, and information from any cookies we have placed on
+ your web browser (as described below). We also sometimes detect whether
+ you are using certain web browser extensions and store that information in
+ a manner associated with your Account. Web browser-related information is
+ used to enhance your experience with the Services (for example, by
+ personalization) and to allow us to improve the Services; it is not,
+ however, used in a manner that would identify you personally.
+
+ IP Address Information:
+
+ Under certain circumstances, such as when you log into the Services, load
+ a web page from the Services, or send an "Ask" message anonymously, we may
+ collect and store your Internet Protocol Address ("IP Address"). We
+ generally use IP Address information to fight spam, malware, and identity
+ theft; we also may use it, in the future, to personalize the Services for
+ you. IP Address information is also used by us to generate aggregate,
+ non-identifying, information about use of the Services.
+
+ Location Information:
+
+ In some cases we collect and store information about where you are
+ located, such as by converting your IP Address into a rough geolocation.
+ We may use location information to improve and personalize the Services
+ for you.
+
+ Information Related to Your Mobile Device:
+
+ We may collect and store information related to your mobile device, such
+ as your phone number. You will have a choice as to whether we collect and
+ store this information. We may use this information to improve the
+ Services, such as by allowing you to verify your account by text message.
+
+ Information Collected Using Cookies:
+
+ Cookies are pieces of text that may be sent to and saved by your web
+ browser when you access a website; your web browser stores these cookies
+ in a way associated with each website you visit, and you can see your
+ cookies through your browser settings. We use cookies to enable our
+ servers to recognize your web browser and tell us how and when you use the
+ Services. Our cookies do not, by themselves, contain information that
+ personally identifies you, and we don't combine the general information
+ collected through cookies with other such information to tell us who you
+ are. However, we do use cookies to identify that you have logged in and
+ that your web browser has accessed aspects of the Services, and we may
+ associate that information with your Account if you have one. This
+ information, in turn, is sometimes used to personalize your experiences on
+ the Services, such as by presenting you with a different iFrame (allowing
+ you to follow a blog) when you are logged in and visit a blog hosted by
+ Tumblr. Most web browsers have an option for turning off the cookie
+ feature, which will prevent your browser from accepting new cookies, as
+ well as (depending on the sophistication of your web browser software)
+ allowing you to decide on acceptance of each new cookie in a variety of
+ ways. If you disable cookies, you won't be able to log into your Account,
+ and so will not be able to use the vast majority of our Services; as such,
+ we don't recommend disabling your cookies when using the Services. Some
+ third-party services that we use, such as Google Analytics and Quantcast,
+ may also place their own cookies on your browser, and individual blogs on
+ our network may contain code that places their own cookies. Note that this
+ Privacy Policy covers our use of cookies only and does not cover the use
+ of cookies by third parties.
+
+ Information About Your Contacts:
+
+ Certain features of the Services allow you to provide us with your contact
+ lists stored on other services, so that we can connect you with people in
+ our Services that are also on those contact lists. For example, you can
+ temporarily connect your e-mail contact information to your Tumblr.com
+ account, so that we can provide you with a list of your e-mail contacts
+ that use Tumblr.com. As another example, you can send us your mobile phone
+ contact e-mails through our mobile applications, which then allows us to
+ provide you with a list of those contacts that use Tumblr.com. We will
+ give you an explicit choice as to whether or not you provide us such
+ information, and we will disclose fully, within the appropriate feature,
+ how we use, and whether we will store, that information.
+
+ Derived Information:
+
+ We analyze your actions on the Services in order to derive or infer
+ characteristics that may be descriptive of you (for example, what kinds of
+ blogs you like to follow). These characteristics are used to improve and
+ personalize the Services.
+
+ Email Tracking:
+
+ We may place information in our emails to you (such as a web beacon) that
+ allows us to measure our email deliverability.
+
+With Whom Your Information Is Shared
+
+ We never share information we receive from you unless:
+
+ (a) we have your permission to share that information;
+
+ (b) we have given you prior notice that the information will be shared,
+ and with whom; or
+
+ (c) that information is aggregate information or other information that
+ does not identify you.
+
+ Information Shared with the Public Through the Services:
+
+ As noted above, by default, content published through the Services is
+ shared with the public, and this is an important feature of the Services.
+ Such information includes, but isn't limited to, anything you choose to
+ post on or submit to a public blog, including "About" information that may
+ describe you and anything apparent in a posted photograph. Because this
+ kind of information can be seen by anyone and may be indexed by search
+ engines (like Google Search), you should be careful in what you choose to
+ disclose publicly and make sure it is information you want to share with
+ everyone.
+
+ Information Shared Between the Services:
+
+ We may, if possible, aggregate information about your use of multiple
+ Services and use that consolidated information to improve how the Services
+ operate, and to develop new Services.
+
+ Information You Share with Third Party Services:
+
+ You may access Third Party Services through the Services, for example by
+ clicking on externally-pointing links. You may also choose to share
+ information that you provide to us, like blog posts, with those Third
+ Party Services (for example, by syndicating posts to Twitter or Facebook).
+ This Privacy Policy only governs information we collect and you are
+ responsible for reading and understanding those Third Party Services'
+ privacy policies.
+
+ Information Shared with Our Agents in Order to Operate and Improve the
+ Services:
+
+ In some cases, we share information that we store (such as IP Addresses)
+ with third parties, such as our service providers, consultants and other
+ agents ("Agents"), for the purposes of operating and improving the
+ Services. For example, we may share information with service providers in
+ order to fight spam, and third-party consultants may have access to
+ information in the process of improving our processes and technology.
+ Agents with whom we share such information for these reasons are generally
+ bound by confidentiality obligations and, unless we tell you differently,
+ our Agents do not have any right to use Personal Information or other
+ information we share with them beyond the scope and duration of what is
+ necessary to assist us. You hereby consent to our sharing of Personal
+ Information with our Agents.
+
+ Information Shared with Third Parties:
+
+ We may share or disclose non-private information, Aggregate Information,
+ or other non-Personal Information with people and entities that we do
+ business with.
+
+ Information Disclosed Pursuant to Business Transfers:
+
+ In some cases, we may choose to buy or sell business assets. In these
+ transactions, user information is typically one of the transferred
+ business assets. Moreover, if we, or substantially all of our assets, were
+ acquired, or if we go out of business or enter bankruptcy, user
+ information would be one of the assets that is transferred or acquired by
+ a third party. You acknowledge that such transfers may occur, and that any
+ acquirer of us or our assets may continue to use your Personal Information
+ as set forth in this policy.
+
+ Information Disclosed for Our Protection and the Protection of Others:
+
+ We believe in freedom of expression, and, to the extent reasonable, we try
+ to protect our community from baseless legal demands. That said, we also
+ reserve the right to access, preserve, and disclose any information as we
+ reasonably believe is necessary, in our sole discretion, to (i) satisfy
+ any law, regulation, legal process, governmental request, or governmental
+ order, (ii) enforce this Privacy Policy and our [Terms of Service],
+ including investigation of potential violations hereof, (iii) detect,
+ prevent, or otherwise address fraud, security or technical issues
+ (including exchanging information with other companies and organizations
+ for fraud protection and spam/malware prevention), (iv) respond to user
+ support requests, or (v) protect the rights, property, health or safety of
+ us, our users, any third parties or the public in general, including but
+ not limited to situations involving possible violence, suicide, or
+ self-harm.
+
+ Information We Share with Your Consent or at Your Request:
+
+ If you ask us to release information that we have about your Account, we
+ will do so if reasonable and not unduly burdensome.
+
+The Security of Your Information
+
+ Your Account information is protected by a password for your privacy and
+ security. You need to prevent unauthorized access to your Account and
+ Personal Information by selecting and protecting your password appropriately
+ and limiting access to your computer and browser by signing off after you
+ have finished accessing your Account on the Services.
+
+ We seek to protect your information (including your Account information) to
+ ensure that it is kept private; however, we can't guarantee the security of
+ any information. Unauthorized entry or use, hardware or software failure,
+ and other factors, may compromise the security of user information at any
+ time.
+
+What Information You Can Access
+
+ If you are a registered user, you can access and delete most information
+ associated with your Account by logging into the Services and checking your
+ Account Settings page. Registered and unregistered users can access and
+ delete cookies through their web browser settings.
+
+ Your California Privacy Rights: Under California Civil Code sections
+ 1798.83-1798.84, California residents are entitled to ask us for a notice
+ identifying the categories of personal customer information that we share
+ with our affiliates and/or third parties for marketing purposes, and
+ providing contact information for such affiliates and/or third parties. If
+ you are a California resident and would like a copy of this notice, please
+ submit a written request to the following address: 35 East 21st Street, 6th
+ Floor, New York NY 10010.
+
+How to Delete Your Account and What Happens When You Delete Your Account
+
+ If you want to delete your Account, you can do so from your [Preferences]
+ page or by [emailing us] and providing proof of authority over the Account.
+ What constitutes "proof of authority" will vary depending on the
+ circumstances, but generally will require sufficient identifying information
+ so that we can be confident you are the Account owner. Deleting your Account
+ may not fully remove the content you have published from our systems, as
+ caching of, backups of, copies of, or references to your Account information
+ may not be immediately removed. In addition, given the nature of sharing on
+ the Services, some of the public activity on your Account prior to deletion
+ (such as Reblogs of your blog posts) may remain stored on our servers and
+ accessible to the public.
+
+Changes to This Privacy Policy
+
+ We may amend this Privacy Policy from time to time, using the process for
+ modifications set forth in our [Terms of Service]. Use of information we
+ collect now is subject to the Privacy Policy in effect at the time such
+ information is used.
+
+Where to Direct Questions or Concerns
+
+ If you have any questions or concerns regarding privacy using the Services,
+ [please send us a detailed message].
+
+Link to Prior Versions
+
+ You will find a link to prior versions of our Privacy Policy 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/privacy-policy.txt
1,019 terms-of-service.txt
View
@@ -1,491 +1,574 @@
-Last Modified: 2010-03-23
-
-Accepting the Terms of Service
-
- The purpose of this website, www.tumblr.com (the "Site"), owned and operated
- by Tumblr, Inc. ("Tumblr"), a Delaware corporation, is to provide web
- publishing services. Please read these terms of service ("Agreement")
- carefully before using the Site or any services provided on the Site
- (collectively, "Services"). By using or accessing the Services, you agree to
- become bound by all the terms and conditions of this Agreement. If you do
- not agree to all the terms and conditions of this Agreement, do not use the
- Services. The Services are accessed by You ("Subscriber" or "You") under the
- following terms and conditions:
-
-1. Access to the Services
-
- Subject to the terms and conditions of this Agreement, Tumblr may offer to
- provide the Services, as described more fully on the Site, and which are
- selected by Subscriber, solely for Subscriber’s own use, and not for the
- use or benefit of any third party. Services shall include, but not be
- limited to, any services Tumblr performs for Subscriber, as well as the
- offering of any Content (as defined below) on the Site. Tumblr may change,
- suspend or discontinue the Services at any time, including the availability
- of any feature, database, or Content. Tumblr may also impose limits on
- certain features and services or restrict Subscriber’s access to parts or
- all of the Services without notice or liability. Tumblr reserves the right,
- at its discretion, to modify these Terms of Service at any time by posting
- revised Terms of Service on the Site and by providing notice via e-mail,
- where possible, or on the Site. Subscriber shall be responsible for
- reviewing and becoming familiar with any such modifications. Use of the
- Services by Subscriber following such modification constitutes Subscriber's
- acceptance of the terms and conditions of this Agreement as modified.
-
- Subscriber certifies to Tumblr that if Subscriber is an individual (i.e.,
- not a corporate entity), Subscriber is at least 13 years of age. No one
- under the age of 13 may provide any personal information to or on Tumblr
- (including, for example, a name, address, telephone number or email
- address). Subscriber also certifies that it is legally permitted to use the
- Services and access the Site, and takes full responsibility for the
- selection and use of the Services and access of the Site. This Agreement is
- void where prohibited by law, and the right to access the Site is revoked
- in such jurisdictions. Tumblr makes no claim that the Site may be lawfully
- viewed or that Content may be downloaded outside of the United States.
- Access to the Content may not be legal by certain persons or in certain
- countries. If You access the Site from outside the United States, You do so
- at Your own risk and You are responsible for compliance with the laws of
- Your jurisdiction.
-
- Tumblr will use reasonable efforts to ensure that the Site and Services are
- available twenty-four hours a day, seven days a week. However, there will
- be occasions when the Site and/or Services will be interrupted for
- maintenance, upgrades and repairs or due to failure of telecommunications
- links and equipment. Every reasonable step will be taken by Tumblr to
- minimize such disruption where it is within Tumblr’s reasonable control.
-
- YOU AGREE THAT NEITHER TUMBLR NOR THE SITE WILL BE LIABLE IN ANY EVENT TO
- YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR
- LACK OF AVAILABILITY OF THE SITE, THE SERVICE, YOUR SUBSCRIBER CONTENT OR
- OTHER CONTENT.
-
- Tumblr retains the right to create limits on use and storage in its sole
- discretion at any time with or without notice.
-
- Subscriber shall be responsible for obtaining and maintaining any equipment
- or ancillary services needed to connect to, access the Site or otherwise
- use the Services, including, without limitation, modems, hardware,
- software, and long distance or local telephone service. Subscriber shall be
- responsible for ensuring that such equipment or ancillary services are
- compatible with the Services.
-
-2. Site Content
-
- The Site and its contents are intended solely for the use of Tumblr
- Subscribers and may only be used in accordance with the terms of this
- Agreement. All materials displayed or performed on the Site, including, but
- not limited to text, graphics, logos, tools, photographs, images,
- illustrations, software or source code, audio and video, animations and
- Themes (as defined below), including without limitation the Tumblr Template
- Code (as defined below) (collectively, "Content") (other than Content
- posted by Subscriber ("Subscriber Content")) are the property of Tumblr
- and/or third parties and are protected by United States and international
- copyright laws. The Tumblr API shall be used solely pursuant to the terms
- of the API Terms of Service. All trademarks, service marks, and trade names
- are proprietary to Tumblr and/or third parties. Subscriber shall abide by
- all copyright notices, information, and restrictions contained in any
- Content accessed through the Services.
-
- The Site is protected by copyright as a collective work and/or compilation,
- pursuant to U.S. copyright laws, international conventions, and other
- copyright laws. Other than as expressly set forth in this Agreement,
- Subscriber may not copy, modify, publish, transmit, upload, participate in
- the transfer or sale of, reproduce (except as provided in this Section),
- create derivative works based on, distribute, perform, display, or in any
- way exploit, any of the Content, software, materials, or Services in whole
- or in part.
-
- Subscriber may download or copy the Content, and other items displayed on
- the Site for download, for personal use only, provided that Subscriber
- maintains all copyright and other notices contained in such Content.
- Downloading, copying, or storing any Content for other than personal,
- noncommercial use is expressly prohibited without prior written permission
- from Tumblr, or from the copyright holder identified in such Content's
- copyright notice. In the event You download software from the Site, the
- software, including any files, images incorporated in or generated by the
- software, and the data accompanying the software (collectively, the
- "Software") is licensed to You by Tumblr or third party licensors for Your
- personal, noncommercial use, and no title to the Software shall be
- transferred to You. You may own the Subscriber Content on which the
- Software is recorded, but Tumblr or third party licensors retain full and
- complete title to the Software and all intellectual property rights therein.
-
-3. Subscriber Content
-
- Subscriber shall own all Subscriber Content that Subscriber contributes to
- the Site, but hereby grants and agrees to grant Tumblr a non-exclusive,
- worldwide, royalty-free, transferable right and license (with the right to
- sublicense), to use, copy, cache, publish, display, distribute, modify,
- create derivative works and store such Subscriber Content and to allow
- others to do so ("Content License") in order to provide the Services. On
- termination of Subscriber’s membership to the Site and use of the Services,
- Tumblr shall make all reasonable efforts to promptly remove from the Site
- and cease use of the Subscriber Content; however, Subscriber recognizes and
- agrees that caching of or references to the Subscriber Content may not be
- immediately removed. Subscriber warrants, represents and agrees Subscriber
- has the right to grant Tumblr and the Site the rights set forth above.
- Subscriber represents, warrants and agrees that it will not contribute any
- Subscriber Content that (a) infringes, violates or otherwise interferes
- with any copyright or trademark of another party, (b) reveals any trade
- secret, unless Subscriber owns the trade secret or has the owner’s
- permission to post it, (c) infringes any intellectual property right of
- another or the privacy or publicity rights of another, (d) is libelous,
- defamatory, abusive, threatening, harassing, hateful, offensive or
- otherwise violates any law or right of any third party, (e) contains a
- virus, trojan horse, worm, time bomb or other computer programming routine
- or engine that is intended to damage, detrimentally interfere with,
- surreptitiously intercept or expropriate any system, data or information,
- or (f) remains posted after Subscriber has been notified that such
- Subscriber Content violates any of sections (a) to (e) of this sentence.
- Tumblr reserves the right to remove any Subscriber Content from the Site,
- suspend or terminate Subscriber’s right to use the Services at any time, or
- pursue any other remedy or relief available to Tumblr and/or the Site under
- equity or law, for any reason (including, but not limited to, upon receipt
- of claims or allegations from third parties or authorities relating to such
- Subscriber Content or if Tumblr is concerned that Subscriber may have
- breached the immediately preceding sentence), or for no reason at all.
-
-4. Themes
-
- Tumblr makes available specialized HTML tags ("Tumblr Template Code") for
- the design and layout of blog pages available for use on the Site
- ("Themes"). Certain premium Themes are available for purchase for use on
- Your blog ("Premium Themes"). Tumblr hereby grants You a non-exclusive,
- non-transferable, non-sublicenseable right and license to use and display
- Themes (including Premium Themes) on your blog on the Tumblr Site.
- Purchased Premium Themes may not be transferred between blogs or subscriber
- accounts and are subject to the payment terms herein. You can customize the
- Tumblr Template Code to create your own Themes for use on your blog page
- ("Custom Theme"). If you choose, you may also contribute Your Custom Themes
- to the Site for use by other users. Tumblr hereby grants you a
- non-exclusive, non-transferable, non-sublicenseable right and license to
- access, use, copy, modify and create derivative works of the Tumblr
- Template Code solely as necessary to create Custom Themes for use on the
- Site. You hereby grant and agree to grant Tumblr an exclusive, perpetual,
- sublicensable, irrevocable, royalty-free right and license to use, copy,
- modify, and create derivative works of any Custom Theme contributed by You
- to the Site, including the code and media assets therefor.
-
-5. Meetups
-
- The Site offers a platform for users to organize and attend face-to-face
- meetings at restaurants, bars and other venues all over the world
- ("Meetups"). However, Tumblr does not sponsor, oversee or in anyway control
- Meetups. You understand and agree that you organize and participate in
- Meetups at your own risk and Tumblr does not bear any responsibility or
- liability for the actions of any Tumblr users or any third parties who
- organize, attend or are otherwise involved in any Meetups.
-
- TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TUMBLR DISCLAIMS ALL
- LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF
- OTHER TUMBLR USERS OR ANY OTHER THIRD PARTY AND WILL NOT BE LIABLE FOR ANY
- DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL ARISING OUT OF
- YOUR ORGANIZATION OR ATTENDANCE AT A MEETUP OR YOUR INTERACTIONS WITH ANY
- TUMBLR USER OR THIRD PARTY YOU MEET AT SUCH EVENTS.
-
-6. Restrictions
-
- Subscriber is responsible for all of its activity in connection with the
- Services and accessing the Site. Any fraudulent, abusive, or otherwise
- illegal activity or any use of the Services or Content in violation of this
- Agreement may be grounds for termination of Subscriber’s right to Services
- or to access the Site. Subscriber may not post or transmit, or cause to be
- posted or transmitted, any communication or solicitation designed or
- intended to obtain password, account, or private information from any
- Tumblr user.
-
- Use of the Site or Services to violate the security of any computer
- network, crack passwords or security encryption codes, transfer or store
- illegal material including that are deemed threatening or obscene, or
- engage in any kind of illegal activity is expressly prohibited. Under no
- circumstances will Subscriber use the Site or the Service to (a) send
- unsolicited e-mails, bulk mail, spam or other materials to users of the
- Site or any other individual, (b) harass, threaten, stalk or abuse any
- person or party, including other users of the Site, (c) create a false
- identity or to impersonate another person, or (d) post any false,
- inaccurate or incomplete material or delete or revise any material that was
- not posted by You.
-
-7. Warranty disclaimer
-
- Tumblr has no special relationship with or fiduciary duty to Subscriber.
- Subscriber acknowledges that Tumblr has no control over, and no duty to
- take any action regarding: which users gains access to the Site; which
- Content Subscriber accesses via the Site; what effects the Content may have
- on Subscriber; how Subscriber may interpret or use the Content; or what
- actions Subscriber may take as a result of having been exposed to the
- Content. Much of the Content of the Site is provided by and is the
- responsibility of the user or subscriber who posted the Content. Tumblr
- does not monitor the Content of the Site and takes no responsibility for
- such Content. Subscriber releases Tumblr from all liability for Subscriber
- having acquired or not acquired Content through the Site. The Site may
- contain, or direct Subscriber to sites containing, information that some
- people may find offensive or inappropriate. Tumblr makes no representations
- concerning any content contained in or accessed through the Site, and
- Tumblr will not be responsible or liable for the accuracy, copyright
- compliance, legality or decency of material contained in or accessed
- through the Site.
-
- ALTHOUGH TUMBLR AND THE SITE WILL MAKE REASONABLE EFFORTS TO STORE AND
- PRESERVE THE MATERIAL RESIDING ON THE SITE, NEITHER TUMBLR NOR THE SITE IS
- RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR
- ACCESS SUBSCRIBER CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE
- SITE. YOU ARE STRONGLY URGED TO TAKE MEASURES TO PRESERVE COPIES OF ANY
- DATA, MATERIAL, CONTENT OR INFORMATION YOU POST OR UPLOAD ON THE SITE. YOU
- ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR SUBSCRIBER CONTENT.
-
- THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS"
- BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
- INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TUMBLR MAKES NO
- REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE
- SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE
- OR SERVICES WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN
- COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET
- YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS
- WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
-
- TO THE FULLEST EXTENT ALLOWED BY LAW, TUMBLR DISCLAIMS ANY LIABILITY OR
- RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS,
- LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE.
- BY USING THIS SITE, YOU ACKNOWLEDGE THAT TUMBLR IS NOT RESPONSIBLE OR
- LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING
- INFORMATION CONTAINED ON THE SITE INCLUDING BUT NOT LIMITED TO DOWNLOADS OF
- CONTENT POSTED BY SUBSCRIBERS; (3) UNAUTHORIZED DISCLOSURE OF IMAGES,
- INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF
- CONTENT POSTED BY SUBSCRIBERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO
- ACCESS OR RETRIEVE ANY SUBSCRIBER CONTENT FROM THE SITE, INCLUDING, WITHOUT
- LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR
- CONTAMINATION OR DESTRUCTIVE PROGRAM.
-
- SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
- SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
-
-8. Third party websites
-
- Users of the Site may gain access from the Site to third party sites on the
- Internet through hypertext or other computer links on the Site. Third party
- sites are not within the supervision or control of Tumblr or the Site.
- Unless explicitly otherwise provided, neither Tumblr nor the Site make any
- representation or warranty whatsoever about any third party site that is
- linked to the Site, or endorse the products or services offered on such
- site. Tumblr and the Site disclaim: (a) all responsibility and liability
- for content on third party websites and (b) any representations or
- warranties as to the security of any information (including, without
- limitation, credit card and other personal information) You might be
- requested to give any third party, and You hereby irrevocably waive any
- claim against the Site or Tumblr with respect to such sites and third party
- content.
-
-9. Registration and security
-
- As a condition to using Services, Subscriber will be required to register
- with Tumblr and select a password and Tumblr URL. Subscriber shall provide
- Tumblr with accurate, complete, and updated registration information,
- including Subscriber’s e-mail address. Failure to do so shall constitute a
- breach of this Agreement, which may result in immediate termination of
- Subscriber's account. Subscriber may not (a) select or use as a Tumblr URL
- a name of another person with the intent to impersonate that person; or (b)
- use as a Tumblr URL a name subject to any rights of a person other than
- Subscriber without appropriate authorization. Tumblr reserves the right to
- refuse registration of, or cancel a Tumblr URL in its discretion.
- Subscriber shall be responsible for maintaining the confidentiality of
- Subscriber's Tumblr password. Subscriber is solely responsible for any use
- of or action taken under Subscriber’s password and accepts full
- responsibility for all activity conducted through Subscriber’s account and
- agrees to and hereby releases the Site and Tumblr from any and all
- liability concerning such activity. Subscriber agrees to notify Tumblr
- immediately of any actual or suspected loss, theft, or unauthorized use of
- Subscriber’s account or password. The Site will take reasonable security
- precautions when using the internet, telephone or other means to transport
- data or other communications, but expressly disclaims any and all liability
- for the accessing of any such data communications by unauthorized persons
- or entities.
-
-10. Indemnity
-
- Subscriber will indemnify and hold Tumblr, its directors, officers and
- employees, harmless, including costs and attorneys' fees, from any claim or
- demand made by any third party due to or arising out of Subscriber’s access
- to the Site, use of the Services, the violation of this Agreement by
- Subscriber, or the infringement by Subscriber, or any third party using the
- Subscriber's account, of any intellectual property or other right of any
- person or entity.
-
-11. Limitation of liability
-
- IN NO EVENT SHALL TUMBLR, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES
- OR MEMBERS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (A) ANY
- INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
- WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, SUBSCRIBER
- CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE,
- NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO
- DOWNLOADING OR POSTING CONTENT. TUMBLR'S AND THE SITE'S COLLECTIVE
- LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THREE HUNDRED UNITED
- STATES DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
- INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
- EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
-
-12. Fees and payment
-
- Some of the Services require payment of fees. All fees are stated in U.S.
- dollars. Subscriber shall pay all applicable fees, as described on the Site
- in connection with such Services selected by Subscriber, and any related
- taxes or additional charges. All fees are non-refundable unless expressly
- stated otherwise on the Site. Subscriber represents to Tumblr that
- Subscriber is the authorized account holder or an authorized user of the
- chosen method of payment used to pay for the paid aspects of the Services.
- All fee-based Services and virtual goods are provided "AS IS" with no
- warranties of any kind. Tumblr may modify and/or eliminate such fee-based
- Services at its discretion. Subscriber understands and agrees that the
- payment for virtual goods grants Subscriber a limited license to use the
- virtual goods as specified on the Site.
-
- Tumblr may change its prices at any time but will provide you reasonable
- notice of any such changes by posting the new prices on the Site and by
- sending you email notification. If you do not wish to pay the new prices,
- you may cancel the services prior to the change going into effect.
-
-13. Termination
-
- Either party may terminate the Services at any time by notifying the other
- party by any means. Tumblr may also terminate or suspend any and all
- Services and access to the Site immediately, without prior notice or
- liability, if Subscriber breaches any of the terms or conditions of this
- Agreement. Upon termination of Subscriber's account, Subscriber’s right to
- use the Services, access the Site, and any Content will immediately cease.
- All provisions of this Agreement which by their nature should survive
+Last Modified: 2012-03-02
+
+Hi and welcome! You are now reading Tumblr’s Terms of Service, meaning the
+contract between you and Tumblr when you use Tumblr’s site, services, and
+products. You should read this carefully before you use Tumblr. We’ve tried
+to be both fair and clear -- if you have any suggestions for improvement,
+feel free to [email us]. We've also included several annotations; these
+annotations aren't a part of the contract itself, but are intended to help
+you follow the text and emphasize key sections.
+
+1. Accepting the Terms of Service
+
+ Please read these Terms of Service, our [Privacy Policy], and our [Community
+ Guidelines] (collectively, the "Agreement") carefully before using
+ tumblr.com (the "Site") and/or the other domains, products, services, and/or
+ content provided by Tumblr, Inc. (all of those collectively with the Site,
+ the "Services") (Tumblr, Inc., a Delaware corporation, collectively with its
+ agents, consultants, employees, officers and directors, "Tumblr," "we," or
+ "us"). By using or accessing the Services, you ("Subscriber" or "you") agree
+ to become bound by all the terms and conditions of this Agreement. If you do
+ not agree to all the terms and conditions of this Agreement, you shouldn't
+ and aren't permitted to use the Services.
+
+2. Modifications to this Agreement
+
+ Tumblr reserves the right, in its sole discretion, to modify this Agreement
+ at any time by posting a revised Agreement through the Services and by
+ providing notice to you that this Agreement has changed, generally via
+ e-mail where practicable, and otherwise through the Services (such as
+ through a notification in your Tumblr Dashboard). You are responsible for
+ reviewing and becoming familiar with any modifications to this Agreement.
+ Modifications are effective when posted, and your use of the Services
+ following any such posted modification and notice of same constitutes your
+ acceptance of the terms and conditions of this Agreement as modified. Note
+ that, if you have prepaid for any Paid Services (as defined below) prior to
+ a modification of this Agreement, your use of such prepaid Paid Services is
+ governed by the version of this Agreement in effect at the time Tumblr
+ received your prepayment.
+
+3. Use of the Services
+
+ Eligibility:
+
+ No individual under the age of thirteen (13) may use the Services or
+ provide any information to Tumblr or otherwise through the Services
+ (including, for example, a name, address, telephone number, or email
+ address). You otherwise may only use the Services if you can form a
+ binding contract with Tumblr and are not legally prohibited from using the
+ Services.
+
+ Service Changes and Limitations:
+
+ The Services change frequently, and their form and functionality may
+ change without prior notice to you. Tumblr retains the right to create
+ limits on and related to use of the Services its sole discretion at any
+ time with or without notice. Tumblr may also impose limits on certain
+ Services or aspects of those Services or restrict your access to parts or
+ all of the Services without notice or liability. Tumblr may change,
+ suspend, or discontinue any or all of the Services at any time, including
+ the availability of any product, feature, database, or Content (as defined
+ below). Tumblr may also suspend Accounts (as defined below) at any time,
+ in its sole discretion.
+
+ Limitations on Automated Use:
+
+ You may not do any of the following while accessing or using the Services:
+ (a) access, tamper with, or use non-public areas of the Services, or the
+ computer or delivery systems of Tumblr and/or its service providers; (b)
+ probe, scan, or test any system or network (particularly for
+ vulnerabilities), or otherwise attempt to breach or circumvent any
+ security or authentication measures; (c) access or search or attempt to
+ access or search the Services by any means (automated or otherwise) other
+ than through our currently available, published interfaces that are
+ provided by Tumblr (and only pursuant to those terms and conditions),
+ unless you have been specifically allowed to do so in a separate agreement
+ with Tumblr, or unless permitted by Tumblr's robots.txt file or other
+ robot exclusion mechanisms; (d) scrape the Services, and particularly
+ scape Content (as defined below) from the Services, without Tumblr's
+ express prior written consent; (e) use the Services to send altered,
+ deceptive, or false source-identifying information, including without
+ limitation by forging TCP-IP packet headers or e-mail headers; or (f)
+ interfere with, or disrupt, (or attempt to do so), the access of any
+ Subscriber, host or network, including, without limitation, by sending a
+ virus to, spamming, or overloading the Services, or by scripted use of the
+ Services in such a manner as to interfere with or create an undue burden
+ on the Services.
+
+4. Registration, Tumblr URLs, and Security
+
+ As a condition to using certain of the Services, you may be required to
+ create an account (an "Account") and select a password and Tumblr username,
+ which will serve as a default URL of the form [username].tumblr.com (a
+ "Tumblr URL"). You may also select new Tumblr URLs for each blog you create.
+
+ You should provide Tumblr with accurate, complete, and updated registration
+ information, particularly your e-mail address, and failure to do so may
+ result in suspension of your Account
+
+ You agree that you shall not select or use as a Tumblr URL a name of another
+ person or entity with the intent to impersonate that person or entity or
+ with the intent to otherwise cause confusion as to the origin or provenance
+ of your Account. Tumblr reserves the right to refuse registration of,
+ cancel, or modify a Tumblr URL in its sole discretion.
+
+ You are also responsible for maintaining the confidentiality of of your
+ Account password and for the security of your Account, and you will notify
+ Tumblr immediately of any actual or suspected loss, theft, or unauthorized
+ use of your Account or Account password.
+
+5. Privacy
+
+ Any information you provide to Tumblr is subject to Tumblr's [Privacy
+ Policy], which governs our collection and use of your information. You
+ understand that through your use of the Services you consent to the
+ collection and use (as set forth in the Privacy Policy) of this information.
+
+6. Content and Subscriber Content
+
+ Definitions:
+
+ For purposes of this Agreement: (1) the term "Content" means a creative
+ expression and includes, without limitation, video, audio, photographs,
+ images, illustrations, animations, logos, tools, written posts, replies,
+ and comments, information, data, text, software, scripts, executable
+ files, graphics, Themes (as defined below), and interactive features, any
+ of which may be generated, provided, or otherwise made accessible on or
+ through the Services; (2) the term "Subscriber Content" is all Content
+ that is posted or otherwise provided or transferred to the Services by a
+ Subscriber (including, without limitation, by you); and Content also
+ includes, without limitation, all Subscriber Content.
+
+ Ownership:
+
+ Subscribers retain ownership of all intellectual property rights in their
+ Subscriber Content, and Tumblr and/or third parties retain ownership of
+ all intellectual property rights in all Content other than Subscriber
+ Content.
+
+ Subscriber Content License to Tumblr:
+
+ When you transfer Subscriber Content to Tumblr through the Services, you
+ give Tumblr a non-exclusive, worldwide, royalty-free, sublicensable,
+ transferable right and license to use, host, store, cache, reproduce,
+ publish, display (publicly or otherwise), perform (publicly or otherwise),
+ distribute, transmit, modify, adapt (including, without limitation, in
+ order to conform it to the requirements of any networks, devices,
+ services, or media through which the Services are available), and create
+ derivative works of (including, without limitation, by Reblogging, as
+ defined below), such Subscriber Content. The rights you grant in this
+ license are for the limited purpose of operating the Services in
+ accordance with their functionality, improving the Services, and allowing
+ Tumblr to develop new Services. The reference in this license to
+ "derivative works" is not intended to give Tumblr itself a right to make
+ substantive editorial changes or derivations, but does enable Tumblr
+ Subscribers to redistribute Subscriber Content from one Tumblr blog to
+ another in a manner that allows Subscribers to, e.g., add their own text
+ or other Content before or after your Subscriber Content (“Reblogging”).
+
+ You also agree that this license includes the right for Tumblr to make all
+ publicly-posted Content available to third parties selected by Tumblr, so
+ that those third parties can distribute and/or analyze such Content on
+ other media and services.
+
+ Note also that this license to your Subscriber Content continues even if
+ you stop using the Services, primarily because of the social nature of
+ Content shared through the Services - when you post something publicly,
+ others may choose to comment on it, making your Content part of a social
+ conversation that cannot later be erased without retroactively censoring
+ the speech of others.
+
+ You also agree that you will respect the intellectual property rights of
+ others, and represent that you have all of the necessary rights to grant
+ us this license for all Subscriber Content you submit to the Services.
+
+ Content License to You:
+
+ As a Subscriber of the Services, Tumblr grants you a worldwide,
+ non-exclusive, non-sublicensable, and non-transferable license to
+ download, store, view, display, perform, redistribute, and create
+ derivative works of Content solely in connection with your use of, and in
+ accordance with the functionality and restrictions of, the Services
+ (including, without limitation, Paid Services, as defined below). This
+ means, for example, that we license Content to you so that you can Reblog
+ Content and add commentary to it.
+
+ Compliance with Community Guidelines:
+
+ You agree that you won't post Subscriber Content that violates, or
+ otherwise use your Account in ways that violate, Tumblr's [Community
+ Guidelines].
+
+ Termination and Deletion:
+
+ On termination of your Account or upon your deletion of particular pieces
+ of Subscriber Content from the Services, Tumblr shall make reasonable
+ efforts to make such Subscriber Content inaccessible and cease use of it;
+ however, you acknowledge and agree that: (a) caching of, copies of, or
+ references to the Subscriber Content may not be immediately removed; (b)
+ such removed Subscriber Content may persist in backups (not available to
+ others) for a reasonable period of time; and (c) such removed Subscriber
+ Content may be available (and stored on our servers) through the accounts
+ of other Subscribers, such as because of Reblogging.
+
+7. Special Provisions for Application Developers
+
+ If you develop software or services based on the Services or any Content,
+ whether using the [Tumblr Application Programming Interface] or not, you
+ will agree to and comply with the [Tumblr Application Developer and API
+ License Agreement].
+
+8. Use of Trademarks
+
+ Any use of Tumblr's trademarks, branding, logos and other such assets in
+ connection with the Services shall be in accordance with the [Tumblr
+ Trademark Guidelines].
+
+9. Blog Themes
+
+ Tumblr makes available specialized HTML and CSS code ("Tumblr Template
+ Code") for the design and layout of blog pages available for use on some of
+ the Services ("Themes"). Certain Themes are available for purchase as a Paid
+ Service (as defined below) (such Themes, "Premium Themes"). Purchased
+ Premium Themes may not be transferred between Accounts, between blogs, or
+ between Services on a single Account and are subject to the payment terms
+ herein.
+
+ Tumblr grants you a license to customize the Tumblr Template Code to create
+ your own Themes for use on your blog page (each a "Custom Theme"). If you
+ choose, you may also contribute your Custom Themes for use by other
+ Subscribers as Subscriber Content. However, as a condition of the license
+ allowing you to create Custom Themes, you agree that you won't distribute
+ such Custom Themes from locations other than Tumblr-owned or approved
+ websites without our permission, as set out in our [Community Guidelines].
+
+ Note also that other Subscribers may use your Custom Themes after you have
+ removed them from distribution, and you hereby grant those Subscribers an
+ irrevocable license to use those Custom Themes as contributed by you. In
+ other words, you can remove and stop distribution of your Custom Themes, but
+ Subscribers who are already using them can keep using them.
+
+ To develop and distribute Custom Themes that are Premium Themes, please
+ [email us].
+
+10. Paid Services
+
+ Some of the Services require payment of fees (the "Paid Services," including
+ without limitation Premium Themes). All fees are stated in United States
+ dollars. You shall pay all applicable fees, as described in the applicable
+ Services, in connection with such Services, and any related taxes or
+ additional charges.
+
+ Paid Services are limited licenses for you to use particular for-pay aspects
+ of the Services. Usage of terms like sell, sale, buy, purchase, or similar
+ terms all refer to your acquisition of a license to use Paid Services, and
+ do not represent any transfer of any right, title, or ownership interest of
+ any kind. You may not relicense, resell, transfer, or exchange Paid Services
+ within or outside of the Services, except as expressly allowed by the rules
+ of the Services.
+
+ Tumblr may, in its sole discretion, modify the functionality of, or
+ eliminate, Paid Services, or the terms and conditions under which Paid
+ Services are provided.
+
+ Purchases of Paid Services are final and non-refundable (particularly those
+ Paid Services that may be used immediately, such as Promotions, as defined
+ below), except at Tumblr's sole discretion and in accordance with the rules
+ governing each such Paid Service. Termination of your Account or your rights
+ under this Agreement may result in forfeiture of existing Paid Services. For
+ example, if your Account is suspended, you forfeit your license to any
+ Premium Themes you have purchased.
+
+ Tumblr may change its prices for Paid Services at any time. To the extent
+ applicable, Tumblr will provide you reasonable notice of any such pricing
+ changes by posting the new prices on or through the applicable Paid Service
+ and/or by sending you email notification. If you do not wish to pay the new
+ prices, you may choose not to purchase, or to cancel, the applicable Paid
+ Service prior to the change going into effect.
+
+11. Special Provisions for Promotions
+
+ Some features of the Services may allow you to promote yourself to other
+ Subscribers, and some of these features may be Paid Services ("Promotions").
+ For example, you can use Tumblr's Highlighted Post Paid Service to draw
+ extra attention to your posts when they appear in the Dashboard feeds of
+ your blog followers.
+
+ The following additional terms apply to Promotions:
+
+ • Things that you promote will comply with this Agreement; if they don't,
+ Tumblr reserves the right, in its sole discretion, to cancel a Promotion
+ without refund or recourse to you.
+
+ • Tumblr may remove or disable any Promotion for any reason in its sole
+ discretion.
+
+ • Tumblr does not guarantee any activity that Promotions may receive,
+ including but not limited to clicks, Likes, and Reblogs. Tumblr cannot
+ control how Subscribers interact with Promotions and is not responsible
+ for "click fraud" or other fraudulent actions by third parties,
+ including, without limitation, Subscribers. Tumblr doesn't guarantee
+ that its reporting related to Promotions will be accurate or complete,
+ nor does it guarantee that Promotions will behave in a particular
+ manner, and Tumblr shall not be liable to you or responsible for any
+ erroneous reporting about or errant behavior of or related to Promotions
+ (e.g., any errors in how "likes" or Reblogs are counted).
+
+ • Promotions may allow targeting to some Subscriber characteristics, such
+ as by suggesting new blogs to follow based on currently followed blogs.
+ Tumblr does not guarantee that any particular Promotion will reach a
+ particular sort of individual in all cases.
+
+ • You can cancel certain Promotions at any time (depending on their
+ functionality), but are responsible for paying for Promotions at least
+ to the extent they have already been distributed through the Services.
+
+ • By submitting a Promotion, you license Tumblr to run that Promotion for
+ as long as you have specified, which, depending on the Promotion, may be
+ perpetually. This license ends when the Promotion has completed or been
+ cancelled, but it may take up to twenty four (24) hours before a
+ Promotion stops being reflected on the Services.
+
+12. Warranty Disclaimer; Services Available on an "AS-IS" Basis
+
+ Your access to and use of the Services or any Content is at your own risk.
+ YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS"
+ AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT
+ PERMITTED BY LAW, TUMBLR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF
+ MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
+ Tumblr makes no representations or warranties of any kind with respect to
+ the Services, including any representation or warranty that the use of the
+ Services will (a) be timely, uninterrupted or error-free or operate in
+ combination with any other hardware, software, system or data, (b) meet your
+ requirements or expectations, (c) be free from errors or that defects will
+ be corrected, or (d) be free of viruses or other harmful components. Tumblr
+ also makes no representations or warranties of any kind with respect to
+ Content; Subscriber Content, in particular, is provided by and is solely the
+ responsibility of, the Subscribers providing that Content. No advice or
+ information, whether oral or written, obtained from Tumblr or through the
+ Services, will create any warranty not expressly made herein.
+
+13. Release From Liability
+
+ You release, to the fullest extent permitted by law, Tumblr, its directors,
+ officers, shareholders, employees, representatives, consultants, agents,
+ suppliers, and/or distributors from responsibility, liability, claims,
+ demands, and/or damages (actual and consequential) of every kind and nature,
+ known and unknown, arising out of or in any way connected with the
+ following:
+
+ • Disputes between Subscribers, including those between you and other
+ Subscribers.
+
+ • Third party sites and services, including content found on such sites
+ and services.
+
+ • Disputes concerning any use of or action taken using your Account by you
+ or a third party.
+
+ • Claims relating to the unauthorized access to any data communications or
+ Content stored under or relating to your Account, including unauthorized
+ use or alteration of such communications or your Content.
+
+ • Claims relating to in any way to any face-to-face meetings in any way
+ related to Tumblr at any venues ("Meetups"), including without
+ limitation claims related to the actions or omissions of any Subscribers
+ or third parties who organize, attend, or are otherwise involved in any
+ Meetups; see our Meetups page for more information. Tumblr does not
+ sponsor, oversee, or in any manner control Meetups.
+
+ If you are a California resident, you waive California Civil Code §1542,
+ which says: "A general release does not extend to claims which the creditor
+ does not know or suspect to exist in his favor at the time of executing the
+ release, which if known by him must have materially affected his settlement
+ with the debtor."
+
+14. Limitation of Liability
+
+ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TUMBLR, ITS DIRECTORS,
+ OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS,
+ SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT,
+ INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
+ WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER
+ INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR
+ INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT
+ OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING
+ WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT;
+ AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION
+ APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
+ OTHER LEGAL THEORY, WHETHER OR NOT TUMBLR HAS BEEN INFORMED OF THE
+ POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS
+ FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
+
+ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF
+ TUMBLR AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES,
+ REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR
+ ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS
+ LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID US
+ TO USE THE APPLICABLE SERVICE(S).
+
+15. Exclusions to Warranties and Limitation of Liability
+
+ Some jurisdictions may not allow the exclusion of certain warranties or the
+ exclusion/limitation of liability as set forth in Section 14, so the
+ limitations above may not apply to you.
+
+16. Termination
+
+ Either party may terminate this Agreement at any time by notifying the other
+ party. Tumblr may also terminate or suspend your access to or ability to use
+ any and all Services immediately, without prior notice or liability, for any
+ reason or no reason, including but not limited to if you breach any of the
+ terms or conditions of this Agreement. In particular, Tumblr may immediately
+ terminate or suspend Accounts that have been flagged for repeat copyright
+ infringement.
+
+ Upon termination of your access to or ability to use a Service, including
+ but not limited to suspension of your Account on a Service, your right to
+ use or access that Service and any Content will immediately cease. All
+ provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, and limitations of liability.
- Termination of Your access to and use of the Site and the Services shall
- not relieve Subscriber of any obligations arising or accruing prior to such
- termination or limit any liability which Subscriber otherwise may have to
- Tumblr or the Site, including without limitation any indemnification
- obligations contained herein.
-
-14. Privacy
-
- Please review our Privacy Policy, which governs the use of personal
- information on the Site and to which Subscriber agrees to be bound as a
- user of the Site.
-
-15. Miscellaneous
-
- This Agreement (including the Privacy Policy), as modified from time to
- time, constitutes the entire agreement between You, the Site and Tumblr
- with respect to the subject matter hereof. This Agreement replaces all
- prior or contemporaneous understandings or agreements, written or oral,
- regarding the subject matter hereof. The failure of either party to
- exercise in any respect any right provided for herein shall not be deemed a
- waiver of any further rights hereunder. Tumblr shall not be liable for any
- failure to perform its obligations hereunder where such failure results
- from any cause beyond Tumblr’s reasonable control, including, without
- limitation, mechanical, electronic or communications failure or
- degradation. If any provision of this Agreement is found to be
- unenforceable or invalid, that provision shall be limited or eliminated to
- the minimum extent necessary so that this Agreement shall otherwise remain
- in full force and effect and enforceable. This Agreement is not assignable,
- transferable or sublicensable by Subscriber except with Tumblr’s prior
- written consent. Tumblr may assign this Agreement in whole or in part at
- any time without Subscriber’s consent. This Agreement shall be governed by
- and construed in accordance with the laws of the state of Delaware without
- regard to the conflict of laws provisions thereof. No agency, partnership,
- joint venture, or employment is created as a result of this Agreement and
- Subscriber does not have any authority of any kind to bind Tumblr in any
- respect whatsoever. Any notice to the Site that is required or permitted by
- this Agreement shall be in writing and shall be deemed effective upon
- receipt, when sent by confirmed e-mail to support@tumblr.com or when
- delivered in person by nationally recognized overnight courier or mailed by
- first class, registered or certified mail, postage prepaid, to Tumblr,
- Inc., 35 East 21st Street, 9th Floor, New York, NY, 10010, Attn: Legal Dept.
-
-16. Copyright Policy
-
- Tumblr has adopted the following policy toward copyright infringement with
- respect to the Site in accordance with the Digital Millennium Copyright
- Act, a copy of which is located at
- [http://www.loc.gov/copyright/legislation/dmca.pdf]. The address of Tumblr's
- Designated Agent for copyright takedown notices ("Designated Agent") is
- listed below.
-
- Reporting Copyright Infringements
-
- If You believe that content residing or accessible on the Site infringes a
- copyright, please send a notice of copyright infringement containing the
- following information to the Designated Agent at the address below:
-
- 1. Identification of the work or material being infringed.
-
- 2. Identification of the material that is claimed to be infringing,
- including its location, with sufficient detail so that Tumblr is
- capable of finding and verifying its existence.
-
- 3. Contact information about the notifying party (the Notifying Party),
- including name, address, telephone number and e-mail address.
-
- 4. A statement that the Notifying Party has a good faith belief that the
- material is not authorized by the copyright owner, its agent or law.
-
- 5. A statement made under penalty of perjury that the information
- provided in the notice is accurate and that the Notifying Party is
- authorized to make the complaint on behalf of the copyright owner.
-
- 6. The Notifying Party's physical or electronic signature.
-
- After the Designated Agent receives notification of an alleged
- infringement that meets all of the requirements above, Tumblr shall:
-
- 1. Disable access to or remove material that it has a reasonable, good
- faith belief is copyrighted material that has been illegally copied
- and distributed by any subscriber to the Site.
-
- 2. Tumblr will then immediately notify the subscriber responsible for
- the allegedly infringing material (the Offending Subscriber) that it
- has removed or disabled access to the material.
-
- 3. Tumblr reserves the right, at its discretion, to immediately
- terminate the account of any subscriber who is the subject of
- repeated takedown notices.
-
- Filing Copyright Counterclaims
-
- A subscriber who believes they are the wrongful subject of a copyright
- takedown notice, may file a counter notification with Tumblr, by providing
- the following items in writing to the Designated Agent at the address
- below:
+ Termination of your access to and use of the Services shall not relieve you
+ of any obligations arising or accruing prior to such termination or limit
+ any liability which you otherwise may have to Tumblr or any third party.
+
+17. Legal Disputes
+
+ You and Tumblr agree that we will resolve any claim or controversy at law or
+ equity that arises out of this Agreement or the Services in accordance with
+ this Section or as you and Tumblr otherwise agree in writing. Before
+ resorting to litigation, we strongly encourage you to [contact us directly]
+ to seek a resolution.
+
+ Law and Forum for Legal Disputes: This Agreement shall be governed in all
+ respects by the laws of the State of New York as they apply to agreements
+ entered into and to be performed entirely within New York between New York
+ residents, without regard to conflict of law provisions. You agree that any
+ claim or dispute you may have against Tumblr must be resolved exclusively by
+ a state or federal court located in New York County, New York, except as
+ otherwise agreed by the parties. You agree to submit to the personal
+ jurisdiction of the courts located within New York County, New York for the
+ purpose of litigating all such claims or disputes.
+
+18. Miscellaneous
+
+ This Agreement, as modified from time to time, constitutes the entire
+ agreement between you and Tumblr with respect to the subject matter hereof.
+ This Agreement replaces all prior or contemporaneous understandings or
+ agreements, written or oral, regarding the subject matter hereof and
+ constitutes the entire and exclusive agreement between the parties. The
+ failure of either party to exercise in any respect any right provided for
+ herein shall not be deemed a waiver of any further rights hereunder. If any
+ provision of this Agreement is found to be unenforceable or invalid, that
+ provision shall be limited or eliminated to the minimum extent necessary so
+ that this Agreement shall otherwise remain in full force and effect and
+ enforceable. This Agreement is not assignable, transferable, or
+ sublicensable by you except with Tumblr's prior written consent. Tumblr may
+ assign this Agreement in whole or in part at any time without your consent.
+ No agency, partnership, joint venture, or employment is created as a result
+ of this Agreement and you do not have any authority of any kind to bind
+ Tumblr in any respect whatsoever. Any notice to Tumblr that is required or
+ permitted by this Agreement shall be in writing and shall be deemed
+ effective upon receipt, when delivered in person by nationally recognized
+ overnight courier or mailed by first class, registered or certified mail,
+ postage prepaid, to Tumblr, Inc., 35 East 21st Street, 6th Floor, New York,
+ NY, 10010, Attn: Legal Department.
+
+19. Special Provisions for Subscribers Located Outside of the United States
+
+ Tumblr provides global products and services and enables a global community
+ for individuals to share and follow the things they love. Tumblr's
+ operations are, however, located in the United States, and Tumblr's policies
+ and procedures are based on United States law. As such, the following
+ provisions apply specifically to Subscribers located outside of the United
+ States: (1) you consent to the transfer, storage, and processing of your
+ information, including but not limited to Subscriber Content and any
+ personal information, to and in the United States and/or other countries;
+ and (2) if you are using the Services from a country embargoed by the United
+ States, or are on the United States Treasury Department's list of "Specially
+ Designated Nationals," you agree that you will not conduct any commercial
+ activities using or through the Services (for example, purchasing Premium
+ Themes).
+
+20. DMCA Copyright Policy
+
+ Tumblr has adopted the following policy toward copyright infringement on the
+ Services in accordance with the Digital Millennium Copyright Act (a copy of
+ which is located at [http://www.loc.gov/copyright/legislation/dmca.pdf], the
+ "DMCA"). The address of Tumblr's Designated Agent for copyright takedown
+ notices ("Designated Agent") is listed below.
+
+ Reporting Instances of Copyright Infringement:
+
+ If you believe that Content residing or accessible on or through the
+ Services infringes a copyright, please send a notice of copyright
+ infringement containing the following information to the Designated Agent
+ at the address below:
+
+ • Identification of the work or material being infringed.
+
+ • Identification of the material that is claimed to be infringing,
+ including its location, with sufficient detail so that Tumblr is
+ capable of finding it and verifying its existence.
+
+ • Contact information for the notifying party (the "Notifying Party"),
+ including name, address, telephone number and e-mail address.
+
+ • A statement that the Notifying Party has a good faith belief that the
+ material is not authorized by the copyright owner, its agent or law.
+
+ • A statement made under penalty of perjury that the information
+ provided in the notice is accurate and that the Notifying Party is
+ authorized to make the complaint on behalf of the copyright owner.
+
+ • A physical or electronic signature of a person authorized to act on
+ behalf of the owner of the copyright that has been allegedly
+ infringed.
+
+ After removing material pursuant to a valid DMCA notice, Tumblr will
+ immediately notify the Subscriber responsible for the allegedly infringing
+ material that it has removed or disabled access to the material. Tumblr
+ reserves the right, in its sole discretion, to immediately terminate the
+ account of any Subscriber who is the subject of repeated DMCA
+ notifications.
+
+ Submitting a DMCA Counter-Notification:
+
+ If you believe you are the wrongful subject of a DMCA notification, you
+ may file a counter-notification with Tumblr by providing the following
+ information to the Designated Agent at the address below:
• The specific URLs of material that Tumblr has removed or to which
Tumblr has disabled access.
- • User’s name, address, telephone number, and email address.
+ • Your name, address, telephone number, and email address.
- • A statement that User consent to the jurisdiction of Federal District
+ • A statement that you consent to the jurisdiction of Federal District
Court for the judicial district in which your address is located (or
- New York County, New York if your address is outside of the United
- States), and that User will accept service of process from the person
- who provided notification under subsection (c)(1)(C) or an agent of
- such person.
+ the federal district courts located in New York County, New York if
+ your address is outside of the United States), and that you will
+ accept service of process from the person who provided the original
+ DMCA notification or an agent of such person.
• The following statement: "I swear, under penalty of perjury, that I
have a good faith belief that the material was removed or disabled as
a result of a mistake or misidentification of the material to be
removed or disabled."
- • User’s signature.
+ • Your signature.
- Upon receipt of a counterclaim, Tumblr will forward it to the party who
- submitted the original copyright infringement claim. The original
- complainant will then have 10 days to notify us that he or she has filed
- legal action relating to the allegedly infringing material. If Tumblr does
- not receive any such notification within 10 days, we may restore the
- material to the Site.
+ Upon receipt of a valid counter-notification, Tumblr will forward it to
+ Notifying Party who submitted the original DMCA notification. The original
+ Notifying Party (or the copyright holder he or she represents) will then
+ have ten (10) days to notify us that he or she has filed legal action
+ relating to the allegedly infringing material. If Tumblr does not receive
+ any such notification within ten (10) days, we may restore the material to
+ the Services.
Designated Agent
Tumblr, Inc.
- 35 East 21st Street, 9th Floor
+ 35 East 21st Street, 6th Floor
New York, NY 10010
Attn: Copyright Agent
Fax: +1-646-475-2135
Email: [dmca@tumblr.com]
-
-Thank you!
+
+Link to Prior Versions
+
+ You will find a link to prior versions of our Terms of Service below. We
+ have stored these versions on GitHub, which will also allow you to
+ compare different versions and see what terms have changed:
+
+ http://github.com/tumblr/policy/commits/master/terms-of-service.txt

1 comment on commit 38f37e7

lavenia

thank you...

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