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Plain-English summary
Tumblr's Terms of Service contain several clauses that could negatively impact users. Claims against Tumblr must be filed within one year, and the company is largely released from liability for various issues including user disputes, third-party actions, and unauthorized account access. Tumblr and its affiliates also have limited liability for damages, capped at $100 or the amount paid for the service, and offer services "AS IS" without warranties. Additionally, Tumblr can terminate accounts or services without prior notice for any reason. If you have a subscription, it will automatically renew, and you must cancel 14 days in advance to avoid being charged again. Purchases of paid services are generally non-refundable, and previously purchased services can be modified or eliminated at Tumblr's discretion. Users should also be aware that the license to their publicly-posted content continues even after they stop using the service and that this content can be made available to third parties for syndication and analysis.
90% confidence
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Risk Flags
5 findings
Clauses that indicate potential for significant user harm, financial loss, or privacy erosion. These are often 'red flags' that users should be aware of.
high95% confidence
One-Year Limitation on Claims
Any claim arising out of or related to the agreement or relationship with Tumblr must be filed within one year after the claim arose, otherwise, the claim is permanently barred.
Why it matters: You lose the ability to pursue legal claims against Tumblr if they are not filed within one year of when they arise.
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.
If you are a California resident, you waive California Civil Code § 1542, which generally states that a general release does not extend to unknown claims that, if known, would have materially affected a settlement.
Why it matters: As a California resident, you give up your right to pursue claims against Tumblr that you do not know or suspect exist at the time of a release, even if they would have significantly impacted any settlement.
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."
To the maximum extent permitted by applicable law, Tumblr and its affiliates are not liable for indirect, incidental, punitive, or consequential damages; loss of profits, revenue, data, or goodwill; damages related to your access or inability to access the services; damages related to third-party or user conduct/content; and damages related to any content. This limitation applies regardless of the legal theory and even if Tumblr was informed of the possibility of such damage.
Why it matters: You cannot claim various types of damages, including significant financial losses or data loss, from Tumblr or its affiliates, even if they were aware of the potential for such harm.
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.
The services are provided on an "AS IS" and "AS AVAILABLE" basis, and Tumblr disclaims all express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Tumblr does not warrant that services will be timely, uninterrupted, error-free, meet your requirements, be secure, or free of viruses.
Why it matters: You bear all risk for using the services, and Tumblr provides no guarantees regarding their quality, availability, security, or suitability for any particular purpose. You may experience service disruptions, errors, or security issues without recourse.
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.
Termination of Account or Services Without Prior Notice
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 if you breach any terms of the agreement. They may also terminate or suspend accounts flagged for repeat copyright infringement.
Why it matters: Your access to the services and your account can be terminated or suspended at any time, for any reason, without warning, potentially leading to immediate loss of access to your content and the platform.
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.
Clauses that describe how the company collects, uses, shares, or retains user data.
medium90% confidence
License to Publicly-Posted Content for Third-Party Syndication/Analysis
Your license to Tumblr includes the right for Tumblr to make all publicly-posted Content available to selected third parties for syndication and/or analysis on other media and services. An example given is licensing the Tumblr "firehose" (a live feed of all public activity) to partners like search engines.
Why it matters: Your publicly-posted content may be shared with third parties for their use in syndication and analysis, potentially exposing your content broadly across different platforms and services without your direct control.
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.
User Content License to Tumblr:, paragraph 4 · Citation strength: strong
medium90% confidence
Transfer of Information to the United States and Other Countries
If you are a user outside of the United States, you acknowledge that Tumblr will transfer, store, and process your information, including User Content and personal information, in the United States and/or other countries to provide services and perform the agreement.
Why it matters: Your personal and user content data, even if you are outside the U.S., will be transferred, stored, and processed in the United States or other countries, meaning it will be subject to the laws and data protection regulations of those jurisdictions, which may differ from your home country.
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
Law and Forum for Legal Disputes:, paragraph 9 · Citation strength: strong
Cancellation and Renewal
3 findings
Clauses that describe how paid subscriptions or services renew, how to cancel them, and any associated fees or conditions.
medium95% confidence
Automatic Renewal of Subscriptions
Some Paid Services automatically renew as recurring subscriptions (Subscriptions) on a monthly or yearly basis (Subscription Period) for the Subscription Fee shown at enrollment. If subscribed during a promotion or with a discount, the Subscription will automatically renew for the full Subscription Fee at the end of the discount period.
Why it matters: Your subscriptions will automatically renew, and if you received a discount, they will renew at the full price after the promotional period, potentially leading to unexpected charges.
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.
14-Day Cancellation Requirement to Avoid Next Charge
You must cancel your Subscription at least 14 days before the end of your current Subscription Period to avoid being charged for the next Subscription Period.
Why it matters: If you don't cancel your subscription at least 14 days before the next billing cycle, you will be charged for another subscription period.
You must cancel your Subscription at least 14 days before the end of your current Subscription Period in order to avoid being charged for the next Subscription Period.
Paid Service Purchases are Final and Non-Refundable
Purchases of Paid Services are final and non-refundable, except at Tumblr's sole discretion and in accordance with the rules governing each Paid Service. Termination of your account or rights may result in forfeiture of purchased Paid Services.
Why it matters: You generally cannot get a refund for Paid Services, and if your account is terminated, you might lose access to services you've already paid for without a refund.
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.
Special Provisions for Advertising and Sponsored Content, paragraph 10 · Citation strength: strong
Gotchas
1 finding
Potentially surprising or unfavorable clauses that may not be immediately obvious.
medium90% confidence
Changes to Service Functionality or Elimination of Paid Services
Tumblr may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or change the terms and conditions under which Paid Services are provided. A previously purchased Paid Service may become unavailable due to deprecation, legal compliance, or rightsholder demands.
Why it matters: Features or entire Paid Services that you have purchased could change or be removed at any time, potentially without a refund, due to Tumblr's discretion, legal requirements, or third-party demands.
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. In certain situations, such as when a feature is deprecated, when needed to comply with law, or in response to a demand from a rightsholder, a Paid Service you previously purchased may later be removed from the Services and become unavailable for further use by you.
Special Provisions for Advertising and Sponsored Content, paragraph 9 · Citation strength: strong
Protections
1 finding
Clauses that offer explicit benefits or safeguards for users.
Protection95% confidence
Royalties and Reimbursement for Creations Belong to User
Any royalties or reimbursement you receive for your creations are entirely yours.
Why it helps: You are guaranteed to receive all royalties or reimbursement for your creative work posted on Tumblr, ensuring you profit from your successful content.
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.
User Content License to Tumblr:, paragraph 3 · Citation strength: strong
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