Last Modified: 3/23/2010

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.

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 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:

• 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.
• A statement that User 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 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.

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.

Designated Agent

Tumblr, Inc.
35 East 21st Street, 9th Floor
New York, NY 10010
Attn: Copyright Agent
Tel: +1-917-265-8431
Fax: +1-646-475-2135
Email: support@tumblr.com and/or dmca@tumblr.com

Thank you!