Last modified: September 12, 2018 This Application Developer and API License Agreement (the “Agreement”), effective as of the date of acceptance of this Agreement (the “Effective Date”), is by and between Tumblr, Inc. (“Tumblr”) and you, or the individual, company or other entity that you represent (“Licensee” or “you”). Consumers of the Tumblr Firehose, as defined below, may additionally be required to execute a separate services agreement governing their access to that resource (the “MSA”). If you are entering into this Agreement on behalf of a company or other entity, you represent and warrant that you have authority to bind such company or other entity to this Agreement. Before building applications on Tumblr's platform, particularly those using the Tumblr firehose and/or API, you have to agree to this contract. By building applications that interact with Tumblr's products and services (the “Tumblr Services”) or by using the Tumblr API (as defined below), including but not limited to requesting authentication credentials or making calls to the Tumblr API, you unconditionally consent and agree to be bound by and a party to this Agreement. This Agreement sets forth the rules around use of the Tumblr Services, the Tumblr API, and content shared on Tumblr that is accessible (through the Tumblr API or otherwise) for application development. Our hope is to encourage a thriving ecosystem of applications built on top of Tumblr, balanced against protection of our network, our users, and our business. If you feel that we should make changes to this Agreement, or if you seek a waiver from certain provisions herein, please contact us at [api@tumblr.com]. 1. Purpose.     a. Use of Licensed Materials. This Agreement governs your use of        the following, all of which collectively are the “Licensed Materials”,        to develop applications: (a) Tumblr's application programming interface        (“API”) and any accompanying or related documentation, source code,        executable applications and other materials (collectively, the “Tumblr        API”), including, but not limited to, as made available through        Tumblr’s developer website (the “Developer Website”), as modified from        time to time; (b) the Tumblr feed of realtime or near realtime post        information (the “Tumblr Firehose”) (c) information in any way related        to accounts, blogs, and/or websites hosted on the Tumblr Services (the        “Blog Information”); (d) content posted to the Tumblr Services (the        “Posted Content”); (e) Tumblr user profile information (“Tumblr        User Information”); and (f) any other content or material made available        through the Tumblr API or Tumblr Firehose, including but not limited to        private messages sent and/or received by Tumblr users and native Tumblr        actions such as Tumblr likes, reblogs, and replies (collectively with        the Blog Information, the Posted Content, and Tumblr User Information,        the “Content”).     b. Use of Tumblr Marks. This Agreement also governs your use, and        restrictions on such use, of Tumblr’s name, trademarks, service marks,        logos, and other branding made available for use in connection with the        Licensed Materials (the “Tumblr Marks”). 2. License. Subject to the terms and conditions of this Agreement,    including the restrictions set forth in the Section titled “Restrictions”,    Tumblr grants you a nonexclusive, nontransferable, nonsublicensable,    worldwide, revocable right and license during the Term to: (a) use and    make calls to the Tumblr API and Tumblr Firehose, and to make use of the    Tumblr Services (and Licensed Materials accessible therefrom) to develop,    implement and distribute software applications, services or products (the    “Licensee Applications”); (b) use, reproduce, distribute, transmit,    display and perform the Content, and modify (i.e., alter in any manner)    the Content only to the extent necessary to format and display it through    the Licensee Applications; (c) additionally in the case of the Tumblr    Firehose, to manipulate information and Content from the Tumblr Firehose for    the purposes of non-public analysis and search; and (d) use and display the    Tumblr Marks only to identify that the Licensed Materials originate from the    Tumblr Services.Licensee Applications do not include those applications that    use or access the Tumblr API, Tumblr Firehose, or Tumblr Services in order    to monitor the availability, performance, or functionality of any of the    Tumblr API, Tumblr Firehose, or Tumblr Services, or for any other    benchmarking or other competitive purposes.    As part of allowing applications to be built on and connected to Tumblr's    products and services, whether or not using the Tumblr API, we give you    access to a bunch of tools, including the API itself, the developer    documents and content posted to Tumblr blogs. This license gives you the    right to use those materials to make apps of all kinds, and also gives you    the right to use Tumblr’s trademarks to identify that the apps are    built on top of Tumblr's products and services. 3. Restrictions. The licenses granted in the Section titled    “License” are explicitly conditioned on your adherence to the following    restrictions.    There are a few things you aren't allowed to do as a Tumblr application    developer...    a. Compliance with this Agreement and Tumblr's Policies and    Guidelines. You must comply with this Agreement, the Tumblr Terms of    Service, the [Tumblr Privacy Policy], the [Tumblr Trademark Guidelines], and    the [Tumblr Community Guidelines] (together, the “Tumblr Policies”) in all    uses of the Licensed Materials. If Tumblr believes, in its sole    discretion, that you have violated or attempted to violate any term,    condition, or the spirit of this Agreement, your license to and ability    to use and access the Licensed Materials may be temporarily or    permanently revoked, with or without notice.    Complying with these restrictions is really important. In particular,    the spirit of the Agreement is clear, and if you find a strict    loophole in the language, we may still revoke your access. If you’re    concerned about whether or not your violating this Agreement, or any of    our other policies or guidelines, please e-mail us at [abuse@tumblr.com]    b. Obtaining and Maintaining an API Key. In order to use the    Tumblr API or Tumblr Firehose, you must obtain appropriate API    credentials (an “API Key”) via registration on the Developer Website.    You will not share your API Key, will keep your API Key secure, and will    use it as your sole means of accessing the Tumblr API or Tumblr    Firehose.    c. User Login via OAuth; Account Creation. Licensee Applications    must present users with the ability to log into the Tumblr Services    through the Tumblr API via the OAuth protocol. Users without an account    on the Tumblr Services must be presented with an opportunity to create    an account.    d. No Substantial Replication. You will not substantially    replicate products or services offered by Tumblr, but are explicitly    permitted to create specialized versions or extensions of such products    or services. For example, you aren't permitted to fully replicate the    Tumblr Dashboard or Tumblr mobile applications, but may create    specialized views of Content from blogs followed by a user. In addition,    you won't use the Licensed Materials or other information collected from    users of Licensee Applications to create or maintain a separate blogging    platform, social or media network, or other similar product or service.    Don't re-implement the Dashboard, and don't recreate complete Tumblr    functions or clients on a platform where Tumblr already has an official    client (like web, iPhone, Android, or Windows Phone 8).    e. No Modification of Tumblr Dashboards or Content Streams. You shall not    remove or insert Content when displaying a user's Tumblr Dashboard or    other streams of Content, including but not limited to (i) removing or    inserting any advertisements or other sponsored material or (ii)    removing other Content inserted by Tumblr. You shall further not reorder    Content in a user's Tumblr Dashboard and shall present that Content in    the order provided by the Tumblr API or Tumblr Firehose. In addition,    your advertisements or sponsored material cannot replicate the look and    feel of, or reasonably be confused by users as, a piece of Content and    should be clearly separated from Content.Don't mess around with the    order of posts in the Dashboard and don't inject in-stream ads or use    ads that look like Tumblr posts.    f. No Syndication or Distribution. Licensee Applications are    strictly prohibited from syndicating or distributing Content in    any manner, public or private, including but not limited to public    redisplay of any Content.    g. No In-Network Promotions. Licensee Applications may not promote    any Content to or within the Tumblr network (“In-Network Promotions”),    including if payment is received for such In-Network Promotions. For    example, Licensee Applications may not create ranking systems or    directories for Tumblr blogs or posts and promote those rankings or    directories within or outside of the Tumblr Services.    Don't inject in-stream ads. Don't offer special placement or promotion    to specific Tumblr blogs or content within your app, especially for    money, and don't implement ranking systems.    h. No Marketplaces or Other Aggregators or Repositories of Code or    Applications. You aren't permitted to create any sort of marketplace or    other aggregator or public repository (a “Marketplace”) of code or    applications that predominantly uses or collects the Licensed Materials    or Licensee Applications. Examples of such Marketplaces include, but are    not limited to, collections of Tumblr blog themes, collections of Tumblr    extensions or plugins, and non-general purpose collections comprised    solely of Licensee Applications. In addition, you shouldn't participate    in such prohibited Marketplaces.    Tumblr should be the single point of origin for any apps, extensions, or    code that we provide tools to aggregate. That includes blog themes and    our official apps.    This is a serious security and quality issue for our business and our    bloggers. For example, themes not hosted in our [Theme Garden] have not    been vetted by our team and have historically been a significant vector    for spam and identity theft. To be clear, you are otherwise allowed and    encouraged to distribute your applications on general purpose app    stores.    i. No Use of Tumblr Data for Surveillance, Profiling or Manipulation Purposes. You are not permitted to use, repackage or otherwise make available Content in any way that would enable any public entity to use such Content to investigate, track, monitor, surveil, profile or manipulate Tumblr users.       j. No violating Tumblr Users’ Rights. You agree not to use or otherwise make available Content from the Tumblr API or the Tumblr Firehose in any way that     violates laws, regulations, or the rights of any person - this includes but      is not limited to intellectual property rights, rights of privacy, rights of     personality, or human rights as described in the Universal Declaration of        Human Rights, the International Covenant on Civil and Political Rights, and      the International Covenant on Economic, Social, and Cultural Rights. Any use that isolates a group of individuals or any single individual for any unlawful or discriminatory purpose or in a manner not consistent with Tumblr users’ reasonable expectations of privacy is not allowed.  You will not target, segment, or profile individuals based on protected characteristics or on any sensitive categories of personal information protected by law. Law     Enforcement Requests. You are required to notify Tumblr of any legal process you receive relating to Content, the Licensed Materials, or otherwise relating to Tumblr, unless you are legally prohibited from providing such notice.      k. No Export for the Purpose of Replication, Repackaging or Resale. You         won't, under any circumstances, export Content to a datastore intended         to replicate, in whole or in part, Tumblr’s datastore, nor will you         repackage and/or resell the Licensed Materials, including any Content,         in any manner, including but not limited to by offering access to the         Licensed Materials through your own API. For the sake of clarity, this         restriction is not intended to apply to Licensee Applications that may,         at the request of a user, export such user’s Content for the purposes of         data portability.         You won’t try to archive or resell Tumblr data, excluding data         portability applications.      l. No Compromising Tumblr Security. You aren't permitted to use         the Licensed Materials in any manner that does or could potentially         undermine the security of the Tumblr Services or the Licensed Materials.         In addition, you won't, and won't attempt to, (i) interfere with, modify         or disable any features, functionality or security controls of the         Tumblr Services, Tumblr API, or Tumblr Firehose, (ii) defeat, avoid,         bypass, remove, deactivate or otherwise circumvent any protection         mechanisms for the Licensed Materials, or (iii) reverse engineer,         decompile, disassemble or derive source code, underlying ideas,         algorithms, structure or organizational form from the Tumblr Services,         Tumblr API, or Tumblr Firehose.      m. Reporting Security Flaws and Unauthorized Access. You will         immediately report to Tumblr any security flaws you discover in any of         the Tumblr Services or the Licensed Materials. Tumblr reserves the         right, in its sole discretion, to determine what constitutes a security         flaw. You will also immediately report any actual or suspected         unauthorized access to the Tumblr API or Tumblr Firehose using your         credentials. Failure to report such flaws or unauthorized accesses,         particularly prior to public disclosure, shall be considered a material         breach of this Agreement.         Be a good citizen: report suspected security issues to us before making         them public. You can send security flaw reports to         [security@tumblr.com].      n. No Phishing, Malware, or Identity Theft. You will not publish or         link to malicious content intended to damage, disrupt, compromise, or         exploit a user’s browser, computer, mobile (or other) device, or Tumblr         account or to compromise a user’s privacy in any manner. In addition,         you won't collect, or try to collect, a user’s Tumblr credentials,         including but not limited to usernames or passwords.      o. No Spamming. You won't use the Tumblr Services, Tumblr API, or         Tumblr Firehose, and won't create Licensee Applications, for the purpose         of “spamming.” Tumblr reserves the right, in its sole discretion, to         determine what actions constitute “spamming”. “Spamming,” includes, but         isn't limited to, posting numerous substantially identical pieces of         Content, posting misleading or obfuscated links, and executing a large         number of native Tumblr actions (e.g., posting, reblogging, liking,         following) in an unnaturally short period of time.      p. Respect for Limitations. You will respect the letter and the         spirit of the programmatic limitations of the Tumblr API and Tumblr         Firehose and the restrictions of this Agreement in designing and         implementing Licensee Applications. For example, you won't work around         any explicit Tumblr API or Tumblr Firehose limitation, even if such is         possible by avoiding use of the Tumblr API or Tumblr Firehose. Specific         prohibited actions include “page scraping”, which is the process of         downloading and parsing whole Tumblr pages in order to build Licensee         Applications with capabilities beyond those provided by the Tumblr API         or Tumblr Firehose. In addition, you will comply with any limitations         imposed by Tumblr on the frequency of access, calls and use of the         Tumblr API and Tumblr Firehose.         We've put a tremendous amount of care into making Tumblr's API         functional and flexible enough for any projects you'll throw at it, and         while we add new features frequently, certain features and data are not         yet available. We ask that you respect these limitations, as well as any         rate limits that we may place on actions, which are designed to protect         our systems.      q. No Content Modifications. Unless you are legally permitted to         do so, you won't use the Licensed Materials to make any modifications to         any Content, other than to modify the formatting of such Content in         order to display it in a manner appropriate for the pertinent Licensee         Applications.      r. No Circumvention or Reverse Engineering; Maintenance of Proprietary         Notices. You won't, and won't attempt to: (i) interfere with, modify or         disable any features or functionality of the Tumblr Services, Tumblr         API, or Tumblr Firehose including, without limitation, any mechanisms         used to restrict or control the Tumblr Services, Tumblr API, or Tumblr         Firehose such as anti-circumvention measures; (ii) translate, reverse         engineer, decompile, disassemble or derive source code, underlying         ideas, algorithms, structure or organizational form from the Tumblr         Services or the Licensed Materials; (iii) defeat, avoid, bypass, remove,         deactivate or otherwise circumvent any protection mechanisms for the         Tumblr Services or the Licensed Materials; or (iv) remove or modify any         proprietary notices, attribution or marks from or delivered as part of         the Tumblr Services or the Licensed Materials.      s. Genuine Actions. You won't create Licensee Applications with         capabilities that do not reflect explicit, genuine expressions of user         intent and permission. For example, Licensee Applications should not         automatically follow blogs, should not like, reblog, or reply to Content         without explicit user direction to do so, and should not post to the         Tumblr Services on a user’s behalf without (i) a specific interaction         informing a user that such user is making a post, and notifying the user         where that post will go, and (ii) an explicit action by such user         evincing permission for making the post (e.g., a Licensee Application         should not automatically generate a post indicating that a user has         signed up for it). In addition, a Licensee Application should not         require a user to generate a post as a prerequisite to using the         application or a feature of the application.         Make sure any actions triggered on Tumblr are what your users expect and         intend. Don't automate user commands like following, liking, or         reblogging. Don't encourage insincere gestures, by for example, creating         “follow trains”.      t. No Continuous Playback. You won't use the Tumblr Services, the Tumblr         API, or the Tumblr Firehose in a manner that enables sequential,         continuous and/or uninterrupted playback of any Content, including but         not limited to video, audio, or images.         For performance reasons, at this time we don't allow apps that allow         continuous playback of media without user input.      u. Indicating Use of the Tumblr Services and the Licensed Materials. In a         prominent location in all Licensee Applications, you should, to the         extent reasonable based on the nature of the Licensee Application,         indicate that the application has been created using the Tumblr Services         and/or the Licensed Materials. You will comply with the [Tumblr Trademark         Guidelines] when making that indication.         Make sure to say somewhere in your application that you’re building an         application using resources from Tumblr.         For example, you could say “Powered by Tumblr”.      v. Use of Tumblr Marks. You won't, under any circumstances: (i) include in         or use the Tumblr Marks, or any marks that are confusingly similar to or         derivative of the Tumblr Marks (including without limitation, “TUMBL”,         “TUMBLOG”, “TUM” and “BLR”) (“Confusing Marks”), as part of your trade         name (registered or otherwise), logos, or other identifiers; (ii)         include in or use the Tumblr Marks or any Confusing Marks as part of any         names, domain names, logos, or other identifiers of Licensee         Applications; or (iii) use the Tumblr Marks or Confusing Marks in a         manner that creates or may create a sense of endorsement, sponsorship,         or association with Tumblr, unless expressly permitted by Tumblr, in         writing, to do so. All use of the Tumblr Marks, and any goodwill arising         out of such use, shall inure to the benefit of Tumblr. You may freely         state and disclose that you are using the Tumblr Services, Tumblr API,         or Tumblr Firehose, as long as you adhere to all restrictions on the use         of the Tumblr Marks stated in this Agreement, including those stated in         the [Tumblr Trademark Guidelines]. You have a responsibility to make sure         users know your app was not built or endorsed by Tumblr.      w. No Misleading Users. You may not, under any circumstances, whether         within a Licensee Application or in materials discussing or concerning a         Licensee Application, mislead, confuse or cause misapprehension or         confusion among users as to the features, functionality, origin,         capabilities, or other aspects of that Licensee Application, Tumblr, the         Tumblr Services, or the Licensed Materials.         You should not advertise or otherwise discuss your application in a way         that confuses or misleads users about the application or about Tumblr.      x. Monitoring. Tumblr reserves the right to monitor your use of the         Licensed Materials for any reason or no reason, including to ensure your         compliance with the terms and conditions of this Agreement.      y. Reporting and Statistics. You will ensure that all Licensee Applications         properly and accurately use all reporting functionality that is made         available through aspects of the Tumblr API or Tumblr Firehose that are         used by such Licensee Applications.         When you register an application or report other data to us, you’ll make         an effort to ensure that that information is accurate.      z. Attribution. You agree to maintain proper attribution for all pieces of         Content to (1) the Tumblr blog that posted such Content (the “Posting         Blog”) and (2) the source of the Content, if such source was provided in         the Licensed Materials (the “Source”). At no time will you falsely         attribute Content. For the sake of clarity, this means that your         Licensee Applications won't display any Content without attribution to         the Posting Blog and Source (if available), as delivered in the Licensed         Materials. In addition, you and your Licensee Applications won't modify         or remove any proprietary notices, attribution or marks from the         Licensed Materials.         Attribution is really important for bloggers and content creators. You         should make sure blog posts properly attribute both the posting blog         and the origin source (when available).         aa. Sensitive Content.  You will not use the Tumblr API to programmatically or otherwise bulk upload or post sensitive content to the Tumblr Services. Sensitive content is anything that might not be suitable for some members of the Tumblr community, such as nudity (even if it is in an artistic, educational, or photojournalistic context) or sexually explicit content. 4. Modifications. You acknowledge and agree that Tumblr may modify (including    but not limited to updating) this Agreement, the Tumblr Services, the    Licensed Materials, and the Tumblr Policies from time to time (a    “Modification”). Except for modifications of the Tumblr Services, you will    generally be notified about Modifications through notifications or posts on    the Developer Website or through a form of direct communication from Tumblr    to you, including but not limited to e-mail or notifications provided    through the Tumblr Services. A Modification to this Agreement will become    effective fourteen days after we have posted the Modification and provided    you notification of the Modification. You otherwise acknowledge and agree that    the Tumblr Services and the Licensed Materials may be modified at any time and    without any notice to you. You will, within thirty (30) days from the date    of first notice of any Modification(s) (or such shorter period of time    specified in the notice of the Modification(s)) comply with such    modification(s) by implementing and using the most current version of the    Licensed Materials and making any changes to Licensee Applications that may    be required as a result of such Modification(s). You acknowledge that a    Modification may have an adverse effect on your Licensee Applications,    including but not limited to changing the manner in which those Licensee    Applications communicate with the Tumblr Services and display Content. Your    sole recourse for such adverse effects is to terminate this Agreement    pursuant to the Section titled “Termination”. Your continued access to or    use of the Tumblr Services or any Licensed Materials following such thirty    (30) day period shall constitute binding acceptance of the applicable    Modification(s). Tumblr will attempt, but is not obligated, to provide    thirty (30) days notice of any Modification that is not backwards    compatible or that Tumblr reasonably believes will remove or materially    alter significant functionality of the Tumblr API.    We often have to modify our services and APIs, and also may have to modify    this agreement, so here we reserve that right. We’ll give you as much    notice as we can, but you need to comply with the modifications within 30    days or your access to Tumblr and/or our APIs may be revoked. 5. Ownership.    Tumblr and/or its users own and have all rights to everything except your    application; you own and have all rights to your application excluding    all of the other stuff.    a. Tumblr. Tumblr and its licensors, particularly its users, retain all    worldwide right, title and interest in and to the Licensed Materials,    including all worldwide intellectual property rights therein. As between    you and Tumblr, Tumblr owns all right, title and interest in and to the    Tumblr Services, the Tumblr API, the Tumblr Firehose, the Tumblr Marks,    any Tumblr-owned Content, and any derivative works or enhancements    thereof, including but not limited to all worldwide intellectual    property rights therein. You agree not to act in any manner inconsistent    with such ownership. Any of Tumblr’s rights not expressly granted under    this Agreement are withheld. You agree that you will not challenge    Tumblr’s ownership of the Tumblr Services, the Tumblr API, the Tumblr    Firehose, the Tumblr Marks, or any Tumblr-owned Content, challenge the    validity of the licenses granted under this Agreement, or otherwise copy    or exploit the Tumblr Services, the Tumblr API, the Tumblr Firehose, the    Tumblr Marks, or any Tumblr-owned Content during or after the    termination of this Agreement, except as expressly authorized under this    Agreement. If you acquire any rights in the Tumblr Services, the Tumblr    API, the Tumblr Firehose, the Tumblr Marks (or any confusingly similar    marks), or any Tumblr-owned Content, by operation of law or otherwise,    you will, at no expense to Tumblr, immediately effectuate an assignment    of such rights to Tumblr.    b. Licensee. As between you and Tumblr, you retain all worldwide right,    title and interest in and to the Licensee Applications, excluding the    Tumblr Services, the Licensed Materials, the Tumblr Marks, and any    derivative works or enhancements thereof, including but not limited to    all intellectual property rights therein.    c. Feedback. You may provide Tumblr with feedback or comments related to    the Licensed Materials and/or your experience with and use thereof    (“Feedback”). You agree that Tumblr and its designees and assigns shall    be free to copy, modify, create derivative works of, publicly display,    disclose, distribute, license, sublicense, incorporate, and otherwise    use Feedback, including all derivative works thereto, for any and all    purposes, commercial or otherwise, with no obligation of any kind to    you. 6. Support.    a. This Agreement does not entitle you to any support for the Licensed    Materials, unless you make separate arrangements with Tumblr. Any such    support provided by Tumblr shall be subject to the terms of this    Agreement as modified by a separate support agreement. You are solely    responsible for providing all support and technical assistance to end    users of your Licensee Applications. You acknowledge and agree that    Tumblr has no obligation to provide support or technical assistance    directly to your end users and you shall not represent to any of your    end users that Tumblr is available to provide such support.    We’ll do our best, but we can't guarantee any support for you or your    Licensee Applications. We also can’t support your users. You promise    that you’ll do your best to support your own applications. 7. Content.    a. Creation of Content. If a Licensee Application allows a user to post    Content (i.e., to generate material that will be hosted on the Tumblr    Services): (i) the Licensee Application will acquire that user’s    affirmative permission to post such Content, (ii) the Licensee    Application will promptly provide such Content to the Tumblr Services;    (iii) the Licensee Application will provide the user a prominent and    clear disclosure detailing how you may use such Content separately from    transmitting that Content to the Tumblr Services and seeking the    necessary licenses for you to use that Content as disclosed; (iv) your    use of Content must adhere to the restrictions set forth in the Section    titled “Restrictions”; (v) you must provide the user prominent access    via URL to the Tumblr Policies; and (vi) you may provide Tumblr with an    application identifier that Tumblr may display in conjunction with the    Content.    If your application allows people to post to Tumblr, you need to: get    their consent, be open with them about their rights and responsibilities    regarding their content and actually provide that content to Tumblr.    b. Changes to Content. When you have been notified (for example, through    the Tumblr API), you will within twenty-four hours after such notification,    honor any changes made on or related to Content (including, but not    limited to, by modifying applicable Licensee Applications), including but    not limited to: (i) deleting or removing Content that has been deleted    or removed from the Tumblr Services; (ii) disabling access to Content on    suspended or terminated blogs; (iii) modify Content that has been modified    on the Tumblr Services; and (iv) change the treatment, in your Licensee    Applications, of Content that has had its sharing options modified. (e.g.,    by removing from display any Content that has been placed behind a password    protected blog). For Content received from the Tumblr Firehose, such    changes must be reflected immediately.    When users content is changed on Tumblr, your application is    required to reflect those changes.    c. Storage and Caching of Content. Under no circumstances will you    or your Licensee Applications store or cache Content for longer than    three (3) days; after three (3) days, you and/or your Licensee    Applications will re-request any such Content. Notwithstanding the    foregoing, storage and caching of Content received from the Tumblr    Firehose will be governed by the terms and duration stated in the    applicable MSA and in the absence of such terms, storage of such Content    shall be governed by this clause.    Apps are not allowed to cache content for more than three days. 8. Privacy.    a. Tumblr User Information. To the extent you have access to and are    permitted to use Tumblr User Information through the Licensed Materials    for a specific Licensee Application, that access and use shall be in    accordance with the then-current [Tumblr Privacy Policy]. You will ensure    that Tumblr User Information disclosed in Content, inadvertently or    otherwise, is not exploited for improper purposes such as identity    theft, fraud, or spamming. Additionally, you agree not to, and shall not allow or in any way enable any third party to, merge any Tumblr User Information with any other personally identifiable information or otherwise use such Tumblr User Information to attempt to discern the true identity of any Tumblr user.    We take privacy seriously, and so should you. If you have access to any    information about a Tumblr user, you have to adhere to our [Privacy    Policy] and otherwise have to make sure that information is treated    carefully.    b. Licensee User Information. You may choose to collect    information relating to users of your Licensee Applications (“Licensee    Application User Information”). If you collect Licensee Application User    Information, you will provide to users an applicable privacy policy that    clearly discloses your information collection, storage, and sharing    practices, including the extent to which such Licensee Application User    Information is disclosed to third parties like Tumblr. Your privacy    policy must: (i) comply and be consistent with all applicable laws and    guidelines, including, but not limited to, data protection regulations    in applicable territories and the applicable guidelines of the U.S.    Federal Trade Commission; (ii) allow disclosure of Licensee Application    User Information to Tumblr, to the extent necessary for your use of the    Licensed Materials, in accordance with the then-current [Tumblr Privacy    Policy]; and (iii) be no less protective of applicable end users than    the then-current [Tumblr Privacy Policy]. You should also ensure that any    collection or sharing of information that would be unusual for the    Tumblr Services is conspicuously noted and that appropriate consents are    obtained from your users.    If you are asking users for more information than Tumblr does, you'll    have to have your own privacy policy that is at least as protective as    ours, and make sure you notify users and get their consent as needed. 9. Confidentiality. You may from time to time, gain access to    proprietary information, technical data, trade secrets or know-how,    including, but not limited to, source code, research, product plans,    products, services, customers, customer lists, markets, software,    developments, inventions, processes, formulas, technology, designs,    drawings, engineering, hardware configuration information, marketing,    finances, or other business information that is either marked as    “confidential” or disclosed in such a manner that it would be reasonably    apparent it should be treated confidentially (“Confidential Information”).    You may use Confidential Information only to the extent necessary to    exercise your rights under this Agreement. You may not disclose    Confidential Information to a third party without the prior express    consent of Tumblr, provided in writing or by email. You agree that you    will protect Confidential Information from unauthorized use, access, or    disclosure in the same manner that you would use to protect its own    confidential and proprietary information of a similar nature and in any    event with no less than a reasonable degree of care. 10. Term and Termination; Survival. This Agreement shall commence     on the Effective Date and will remain in effect until terminated pursuant     to this Section. Either party may terminate this Agreement at any time,     for any reason, or for no reason including, but not limited to, if you     violate any provision of this Agreement. Any termination of this Agreement     shall also terminate the licenses granted hereunder. Upon termination of     this Agreement for any reason, you will stop using, and either return to     Tumblr, or destroy and remove from all computers, hard drives, networks,     and other storage media, all copies of the Licensed Materials and any     Confidential Information in your possession, and shall certify to Tumblr     that such actions have occurred. The Sections titled “Restrictions”,     “Ownership”, “Support”, “Confidentiality”, “Representations and     Warranties”, “Indemnification”, “Disclaimer”, “Limitation of Liability”,     and “Miscellaneous” shall survive termination of this Agreement. 11. Representations and Warranties. You represent and warrant that:     (i) you have the necessary power and authority to enter into this     Agreement, and that the performance of your obligations will not     constitute a breach or otherwise violate any other Agreement or the rights     of any third party arising therefrom; (ii) you will maintain, throughout     the Term, all required rights and licenses related to the Licensee     Applications and the Licensee Applications shall not infringe or otherwise     violate any third party rights, including but not limited to third party     intellectual property rights; and (iii) your uses of the Licensed     Materials do and shall comply with all applicable foreign, federal, state     and local laws, rules, and regulations. 12. Indemnification. You will indemnify and hold Tumblr, its subsidiaries,     affiliates (i.e., any other persons or entities that directly or indirectly     control, or are under common control with, or are directly or indirectly     controlled by, Tumblr) employees, and agents harmless from any and all     claims, damages, losses, liabilities, actions, judgments, costs, and expenses     brought by a third party arising out of or in connection with: (i) any act     or omission by you in connection with your use of the Tumblr Services or     the Licensed Materials; (ii) your use of the Tumblr Services or the Licensed     Materials, including but not limited to other than as expressly allowed by     this Agreement; (iii) your breach of this Agreement, including but not     limited to your representations and warranties herein; or (iv) any Licensee     Application. 13. Disclaimer. The Tumblr Services and the Licensed Materials are provided     “as is” without warranty of any kind. Tumblr disclaims all warranties,     whether express, implied or statutory, regarding the Licensed Materials     and the Tumblr Services, including without limitation any and all implied     warranties of merchantability, accuracy, results of use, reliability,     fitness for a particular purpose, title, interference with quiet     enjoyment, non-infringement of third-party rights and any warranties or     conditions arising out of course of dealing or usage of trade. Further,     Tumblr disclaims any warranty that your use of the Licensed Materials or     the Tumblr Services will meet any or all of your requirements or that such     use will be uninterrupted, error-free, virus-free, or secure. Some states     do not allow the exclusion or limitation of implied warranties, so the     above limitations and exclusions may not apply to you.     These two items are especially important. Please make sure you understand     them. 14. Limitation of Liability. In no event shall Tumblr be liable to     you for any special, incidental, indirect, direct, exemplary, punitive,     compensatory, or consequential damages (including loss of use, data,     business or profits) arising out of or in connection with this Agreement,     whether such liability arises from any claim based upon contract,     warranty, tort (including negligence), strict liability or otherwise, and     whether or not Tumblr has been advised of the possibility of such loss or     damage. Any claim arising our of or relating to this Agreement must be     brought within one (1) year. In any case, Tumblr’s aggregate liability     under this Agreement will not exceed fifty U.S. dollars (US$50.00). The     foregoing limitations will survive and apply even if any limited remedy     specified in this agreement is found to have failed of its essential     purpose. Some states do not allow the exclusion or limitation of     incidental or consequential damages, so the above limitations and     exclusions may not apply to you. 15. Audit. Tumblr or an affiliate or agent of Tumblr may audit, examine or otherwise monitor any Licensee Application and/or any of your records relevant to your use of the Licensed Materials to ensure your use of the Tumblr API, the Tumblr Firehose and/or the Content complies with this Agreement. If requested, you must provide Tumblr with proof that your Licensee Application and your use of Content complies with the terms of this Agreement. 16. Miscellaneous. This Agreement constitutes the entire agreement     among the parties with respect to the subject matter of this Agreement and     supersedes and merges all prior proposals, understandings, and     contemporaneous communications, whether oral, written or electronic. If     any provision of this Agreement is found to be unenforceable or invalid,     that provision will be limited or eliminated to the minimum extent     necessary so that this Agreement will otherwise remain in full force and     effect and enforceable. Any modification of or changes to this Agreement     must be in a writing duly authorized by an authorized representative of     Tumblr or pursuant to the Section titled “Modifications”. You may not     assign any of the rights or obligations granted under this Agreement,     voluntarily or by operation of law (including without limitation in     connection with a merger, acquisition, or sale of assets) except with the     express written consent of Tumblr, and any attempted assignment in     violation of this paragraph is void. Tumblr may assign, transfer or     delegate any of its rights and obligations hereunder without notice or     consent. No agency, partnership, joint venture, or employment relationship     is created as a result of this Agreement and neither party has any     authority of any kind to bind the other in any respect. This Agreement     shall be governed by and construed in accordance with the laws of the     State of New York, including its conflicts of law rules, and the United     States of America. You agree that any dispute arising from or relating to     the subject matter of this Agreement shall be governed by the exclusive     jurisdiction and venue of the state and federal courts of New York County,     New York. You agree that any claim you may have arising out of or related     to this Agreement and/or your use of the Licensed Materials must be filed     within one year after such claim arose; otherwise, your claim is permanently     barred. The section and paragraph headings in this Agreement, along with     all provided annotations, are for convenience only and shall not affect     the interpretation of this Agreement. The failure of Tumblr to enforce any     part of this Agreement shall not constitute a waiver of its right to later     enforce that or any other part of this Agreement. Waiver of compliance in     any particular instance does not mean that Tumblr will waive compliance in     the future. In order for any waiver of any covenant or right under this     Agreement to be binding, such waiver must be memorialized in a writing     duly authorized by Tumblr. Unless otherwise specified, all notices under     this Agreement will be in writing and will be deemed to have been duly     given when received, if personally delivered or sent by certified or     registered mail, return receipt requested; when receipt is electronically     confirmed, if transmitted by facsimile or e-mail; or the day after it is     sent, if sent for next day delivery by recognized overnight delivery     service. All notices to Tumblr shall be sent to [legal@tumblr.com]. All     notices to you shall be sent to the location or email address specified in     your Tumblr API or Tumblr Firehose access registration information. Link to Prior Versions You will find a link to prior versions of our Application Developer and API License Agreement below. We have stored these versions on GitHub, which will also allow you to compare different versions and see what terms have changed: http://github.com/tumblr/policy/commits/master/api-license-agreement.txt