Terms of ServiceLast Modified: 2021-07-21
Hello! Welcome to Tumblr’s Terms of Service. Please read this carefully before using our site, services, or products. This is a contract between you and Tumblr. We've also included several annotations that aren't a part of the contract itself, but are intended to emphasize key sections and help you follow the text. We've tried to be fair and straightforward. Please feel free to contact us if you have any questions or suggestions!
1. Accepting the Terms of Service
Please read these Terms of Service and our Community Guidelines (collectively, the "Agreement") carefully before using bemo.live (the "Site") and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by Tumblr, Inc. (all of those collectively with the Site, the "Services") (Tumblr, Inc., a Delaware corporation and wholly-owned subsidiary of Automattic Inc., a Delaware corporation ("Automattic"), collectively with its agents, representatives, consultants, employees, officers, and directors, "Tumblr," "we," or "us"). By using or accessing the Services, you agree to be bound by all the terms and conditions of this Agreement. If you don't agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services. Tumblr’s personalized Services cannot be provided and the terms of this Agreement cannot be performed without Tumblr processing information about you and other users. Processing of the information you share with Tumblr is essential to the personalized Services which we provide and which you expect, including personalized Content (as described below) and ads, and is a necessary part of our performance of the agreement we have with you.
We’re just letting you know, here, that Tumblr is now part of Automattic, a technology company that empowers people to build beautiful websites, tell their stories, and find and grow their audience and these Terms of Service , which apply to your use of Tumblr, have been updated to reflect this change. This section also includes an agreement where you're agreeing to agree to the terms of this Agreement.
2. Modifications to this Agreement
Tumblr reserves the right to modify these Terms of Service or our Community Guidelines by providing notice to you. We will provide notice to you by posting a revised version of the modified Terms of Service or Community Guidelines on the Services, and, in some cases we may provide additional notice to you such as via email, or otherwise through the Services (such as through a notification on your Tumblr Dashboard or in our mobile applications). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Tumblr received your prepayment.
As Tumblr grows and improves, we might have to make changes to these Terms of Service. When we do, we'll let you know. We're also going to make it a practice to post old versions so it's easy to see changes/additions/deletions. To see old versions, scroll down to the end of this document.
3. Use of the Services
You may not use the Services, provide any personal information to Tumblr, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address) if you are under the Minimum Age. The Minimum Age is (i) thirteen (13), or (ii) for users in the European Union or the United Kingdom, sixteen (16). You may only use the Services if you can form a binding contract with Tumblr and are not legally prohibited from using the Services.
You have to be the Minimum Age to use Tumblr. We're serious: it's a hard rule. “But I’m, like, almost old enough!” you plead. Nope, sorry. If you're not old enough, don't use Tumblr. Ask your parents for a Playstation 4, or try books.
Service Changes and Limitations:
The Services change frequently, and their form and functionality may change without prior notice to you. Tumblr retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Tumblr may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Tumblr may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Tumblr may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
Limitations on Automated Use:
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Tumblr and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Tumblr (and only pursuant to those terms and conditions) or unless permitted by Tumblr's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any other user of the Services, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Don't do bad things to Tumblr or to other users. Some particularly egregious examples of "bad things" are listed in this section.
4. Registration, Tumblr URLs, and Security
As a condition to using certain of the Services and in order for us to provide them to you, you may be required to create an account (an "Account"), provide your age and an email address and select a password and Tumblr username, which will serve as a default link to your default Tumblr blog of the form [username].bemo.live (a "Tumblr URL"). You must select a different Tumblr URL for each new blog you create.
You agree to provide Tumblr with accurate, complete, and updated registration information, particularly your email address.
It's really important that the email address associated with your Tumblr account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Tumblr immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
6. Content and User Content
For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, Themes (as defined below), and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "User Content" means Content that you or any other user of the Services (collectively, a "User") submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all User Content.
Your Rights in User Content:
Users retain ownership and/or other applicable rights in User Content, and Tumblr and/or third parties retain ownership and/or other applicable rights in all Content other than User Content.
You retain ownership you have of any intellectual property you post to Tumblr.
User Content License to Tumblr:
When you provide User Content to Tumblr through the Services, you grant Tumblr a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such User Content. The rights you grant in this license are for the limited purposes of allowing Tumblr to operate the Services in accordance with their functionality, improve and promote the Services, and develop new Services. The reference in this license to "creat[ing] derivative works" is not intended to give Tumblr a right to make substantive editorial changes or derivations, but does, for example, enable reblogging, which allows Tumblr Users to redistribute User Content from one Tumblr blog to another in a manner that allows them to add their own text or other Content before or after your User Content.
When you upload your creations to Tumblr, you’re giving us permission to make them available in all the ways you would expect us to (for example, via your blog, RSS, the Tumblr Dashboard, etc.). We never want to do anything with your work that surprises you.
Something else worth noting: Countless Tumblr blogs have gone on to spawn books, films, albums, brands, and more. Any royalties or reimbursement you get for your creations are, needless to say, entirely yours. It's your work, and we're proud to be a part (however small) of what you accomplish.
You also agree that this license includes the right for Tumblr to make all publicly-posted Content available to third parties selected by Tumblr, so that those third parties can syndicate and/or analyze such Content on other media and services.
An example of what it means to "make all publicly-posted Content available" to a Tumblr partner for distribution or analysis would be licensing the Tumblr "firehose," a live feed of all public activity on Tumblr, to partners like search engines.
Note also that this license to your User Content continues even if you stop using the Services, primarily because of the social nature of Content shared through Tumblr’s Services - when you post something publicly, others may choose to comment on it, making your User Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.
One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all User Content you provide.
Tumblr may add its own affiliate code to links posted on Tumblr at its discretion, provided a user has not previously included their own affiliate code into the applicable link. Users may opt out of this functionality here.
Content License to You:
As a User of the Services, Tumblr grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below). This means, for example, that we license Content to you for purposes of reblogging.
Compliance with Community Guidelines:
You agree that you won't violate Tumblr's Community Guidelines.
Termination and Deletion:
7. Special Provisions for Application Developers
If you develop software or services based on the Services or any Content, whether using the Tumblr Application Programming Interface or not, you will agree to and comply with the Tumblr Application Developer and API License Agreement.
8. Use of Trademarks
Any use of Tumblr's trademarks, branding, logos, and other such assets in connection with the Services shall use Tumblr’s approved branding and shall be in accordance with the Tumblr Trademark Guidelines.
Tumblr makes available specialized HTML and CSS code ("Tumblr Template Code") for the design and layout of blog pages available for use on some of the Services ("Themes"). Certain Themes are available for purchase as a Paid Service (as defined below) (such Themes, "Premium Themes"). Purchased Premium Themes may not be transferred between Accounts, between blogs, or between Services on a single Account and are subject to the payment terms herein.
Tumblr grants you a license to customize the Tumblr Template Code to create your own Themes for use on your blog page (each a "Custom Theme"). If you choose, you may also contribute your Custom Themes for use by other Users as User Content. However, as a condition of this license allowing you to create Custom Themes, you agree that you won't distribute such Custom Themes from locations other than Tumblr-owned or approved websites without our permission, as set out in our Community Guidelines.
Note also that other Users may use your Custom Themes after you have removed them from distribution, and you hereby grant those Users an irrevocable license to use those Custom Themes as contributed by you. In other words, you can remove and stop distribution of your Custom Themes, but Users who are already using them can keep using them.
To develop and distribute Custom Themes that are Premium Themes, please contact us.
10. Paid Services
Some of the Services require payment of fees (the "Paid Services," including without limitation Premium Themes). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of those Paid Services.
Tumblr may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
Purchases of Paid Services are final and non-refundable (particularly those Paid Services that may be used immediately, such as Promotions, as defined below), except at Tumblr's sole discretion and in accordance with the rules governing each Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of purchased Paid Services. For example, if your Account is suspended, you forfeit your license to any Premium Themes you have purchased.
Tumblr may change prices for Paid Services it provides at any time. To the extent applicable, Tumblr will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service offered by Tumblr prior to the change going into effect.
11. Recurring Payments:
Some Paid Services on Tumblr automatically renew as recurring subscriptions (“Subscriptions”). Subscriptions are charged on a monthly or yearly basis (“Subscription Period”) for the recurring amount shown to you when you enrolled (“Subscription Fee”). If you subscribed during a promotion, used a coupon code, or otherwise received a discount, your Subscription will automatically renew for the full Subscription Fee at the end of the discount period.
By enrolling in a Subscription, you authorize the Subscription Fee (and any applicable taxes) to be automatically charged to your designated payment method at the beginning of each Subscription Period until you cancel the Subscription or payments are otherwise ended because the Subscription was terminated for other reasons.
You must cancel your Subscription at least twenty-four (24) hours before the end of your current Subscription Period in order to avoid being charged for the next Subscription Period.
If you enrolled through the Tumblr Site, you can modify your payment method or cancel your Subscriptions at: www.bemo.live/settings. If you enrolled using an in-app payment platform, such as through an Apple or Android device, you must modify your payment method or cancel your Subscriptions directly with that platform.
12. Special Provisions for Post+
Our Services may enable certain Users (“Creators”) to make certain User Content available only to others who have enrolled in a Subscription to view it (“+Post Content”). For more information, please see our FAQs.
Terms for Subscribers:
Users that enroll in a Subscription to view +Post Content (“Subscribers”) are paying Creators for the right to receive access to their +Post Content via the Services during their Subscription Periods. It’s important to understand that Subscribers may not be able to access +Post Content during the Subscription Period for a variety of reasons, such as if the Creator fails to provide it, the Subscriber is blocked by a Creator, if Tumblr suspends your right to use the Services (such as for violating the Agreement), or if access to any +Post Content is deactivated or removed by the Creator or Tumblr (such as for violation of the Agreement).
You assume all risks with the Subscription, including that the +Post Content will not be made available or that the +Post Content does not live up to your expectations (such as what was promised by the Creator). While we require the Creator to be responsible, we are not responsible for their behavior. For this reason, you should only subscribe to Creators you trust. Views expressed by Creators are their own and do not necessarily represent ours.
Finally, while you can share a teaser of +Post Content through the reblog function on the Services, you cannot otherwise share +Post Content, such as by screenshotting or otherwise creating or distributing any copies, and you cannot resell, rent, or otherwise charge any other person for access to the +Post Content.
Creating and Maintaining a Creator Account:
In order to be eligible to be a Creator, you must at a minimum:
- Be a resident and located in an eligible country;
- Successfully create a merchant account with Stripe Inc. (your "Merchant Account") and provide accurate information in connection with your Merchant Account. By setting up a Merchant Account, you agree to be bound by the Stripe terms and conditions and are entering into an agreement directly with Stripe Inc.; and
- Meet any additional Creator eligibility requirements set by Tumblr.
You may deactivate your entire Tumblr account or a +Post Subscription offering at any time. However, your +Post Content will remain available to your Subscribers until the end of their Subscription Period (unless removed for a violation). Reblogged +Post teaser content may still be publicly available following deactivation of your Subscription offering, but Users will not be able to view your actual +Post Content through the Services unless you reactivate the Subscription offering.
Creator Conduct Requirements:
- Don’t violate laws or the rights of others: As a reminder, you and your +Post Content must meet all requirements under this Agreement and our Community Guidelines. For instance, your +Post Content may not violate any laws, including laws that protect the intellectual property rights of others. We reserve the right to suspend, delete, or terminate your Account, your participation in Post+, and/or your +Post Content at any time, including in cases where we believe you have violated this Agreement, our Community Guidelines, or abused Post+. You are responsible for all activity on your Account, even if someone else uses your Account.
- Be honest: You must act in a fair and truthful manner in your dealings with Tumblr and Subscribers, including providing an accurate description of your +Post Content, and delivering content as described.
- Address issues with Subscribers: You are solely responsible for resolving any disputes with your Subscribers, including regarding your performance or the quality of your +Post Content. You are responsible for all refunds owed to Subscribers, including as a result of chargebacks initiated by Subscribers or as initiated by Tumblr. You authorize any such refunded amounts to be paid out of any outstanding balance in your Merchant Account or to be offset against proceeds from your +Post Content subscriptions. Tumblr reserves the right to holdback payment amounts and/or initiate refunds to Subscribers if it believes that refunds are appropriate.
- Don’t forget taxes: You are responsible for all income reporting and tax withholding requirements related to your Merchant Accounts. Tumblr may, but is not obligated to, deduct applicable tax from any payments made for your +Post Content to the extent it is required by applicable laws.
Payouts are calculated by totaling the amounts paid by your Subscribers for your +Post Content and subtracting Tumblr platform fees, payment processor fees, refunds/chargebacks, and related fees/withholdings. Payment processor fee rates and timing will depend on the payment option a Subscriber uses to subscribe (i.e., Stripe, Apple, Google, etc.).
You are responsible for providing accurate information, including as may be needed to facilitate payment to you. Payouts are calculated solely based on records maintained by or on behalf of Tumblr (or the relevant payment processor). Tumblr reserves the right to modify the payout method at any time in its sole discretion. In addition, Tumblr reserves the right to withhold, offset, or charge back your Merchant Account due to refunds, fraud, abuse, a violation of this Agreement, or to mitigate the risk of such. You agree that we will not be liable for any amounts not earned due to the Services not being available, including Site maintenance or our suspension, deletion, or termination of your Account, +Post Subscription offering, or related +Post Content.
Payouts will be determined by Tumblr, in its sole discretion, and such determination is final and binding. If you dispute any payout made, you must notify Tumblr within thirty (30) days of any such payout by providing us a detailed description of your dispute to www.bemo.live/support. You agree that failure to do so shall result in your waiver of any claim relating to such disputed payment. Tumblr in no way waives its absolute right to make a final determination of the payout you are owed.
13. Warranty Disclaimer; Services Available on an "AS IS" Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, TUMBLR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Tumblr makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components; or (e) be entirely secure or that the information you share with us will be secure. Tumblr also makes no representations or warranties of any kind with respect to Content; User Content, in particular, is provided by and is solely the responsibility of, the Users providing that Content. No advice or information, whether oral or written, obtained from Tumblr or through the Services, will create any warranty not expressly made herein.
14. Time Limitation on Claims and Releases From Liability
You agree that any claim you may have arising out of or related to this Agreement or your relationship with Tumblr must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, Tumblr and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Tumblr (the “Tumblr Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
Disputes between Users, including those between you and other Users.
The acts of third parties generally (i.e., individuals or entities who are not Tumblr or a Tumblr Affiliate), including third party sites and services.
Disputes concerning any use of or action taken using your Account by you or a third party.
Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
Claims relating to any face-to-face meetings in any way related to Tumblr at any venues ("Meetups"), including without limitation claims related to the actions or omissions of any Users or third parties who organize, attend, or are otherwise involved in any Meetups. Unless otherwise expressly disclosed in writing, Tumblr does not sponsor, oversee, or in any manner control Meetups.
If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TUMBLR AND THE TUMBLR AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TUMBLR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF TUMBLR AND THE TUMBLR AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
16. Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 13 and 15, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. Tumblr may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Tumblr may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
18. Choice of Law and Venue
You and Tumblr agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Tumblr otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
Law and Forum for Legal Disputes:
This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Tumblr must be resolved exclusively by a state or federal court located in New York County, New York, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn’t apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York, excluding choice of law.
This Agreement, as modified from time to time, constitutes the entire agreement between you and Tumblr with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with Tumblr's prior written consent. Tumblr may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint controllership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Tumblr in any respect whatsoever. Any notice to Tumblr that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to
Tumblr, Inc. (Automattic)
60 29th Street #343
San Francisco, CA 94110
Attn: Legal Department
20. Special Provisions for Users Located Outside of the United States
Tumblr provides global products and services and enables a global community for individuals to share and follow the things they love. Tumblr's servers and operations are, however, located in the United States, and Tumblr's policies and procedures are based on United States law. As such, the following provisions apply specifically to Users located outside of the United States: (1) you acknowledge that we will transfer, store, and process your information, including but not limited to User Content and any personal information, in the United States and/or other countries in order to provide you with the Services and perform this Agreement; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Services (for example, purchasing Premium Themes).
Submit an infringement notice
Tumblr has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the "DMCA"). The address of Tumblr's Designated Agent for copyright takedown notices ("Designated Agent") is listed below. You may submit a notice under the DMCA using our copyright notice form.
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Tumblr is capable of finding it and verifying its existence.
Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the User who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, Tumblr will immediately notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material. Tumblr will terminate, under appropriate circumstances, the Accounts of Users who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any User for actual or apparent copyright infringement.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Tumblr by providing the following information to the Designated Agent at the address below:
The specific URLs of material that Tumblr has removed or to which Tumblr has disabled access.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Upon receipt of a valid counter-notification, Tumblr will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Tumblr does not receive any such notification within ten (10) days, we may restore the material to the Services.