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