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This site is the personal page of Anthony J. Witkowski III. I am a recent graduate of Northeastern Law and the two projects are the result of two classes, Internet Law & Information Security Law, in the Fall Quarter of 2017. Please visit the About page for more recent work.

25. Tumblr.com

This is going to look great on Tumblr...

Tumblr

The Tumblr website is covered by the Terms of Service and Privacy Policy. The first thing to note is the relationship with Yahoo, Verizon, and Oath, all of which are parent companies to Tumblr who can get their data without any additional consent from users. Tumblr also attempts to bar all claims after one year and limits their liability to the greater of what you have paid them or $100. And as if the possibility of your data being shared with Yahoo wasn't scary enough, Tumblr shares with third-parties as long as the data is anonymized. 

Representations & Warranties

 

"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, or (d) be free of viruses or other harmful components. Tumblr also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers 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."

Limitations on 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 Subscribers, including those between you and other Subscribers.

  • 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 Subscribers or third parties who organize, attend, or are otherwise involved in any Meetups; see our Meetups page for more information. 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."

"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 SUBSCRIBER 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)."

Indemnification

 

As of the 9.26.2017 update, there is no indemnification provision in the agreement.

Key Definitions

  • "Yahoo Affiliates"- Yahoo affiliates are companies owned and controlled by any one of the Yahoo group of companies and include acquired companies.

Sharing Agreements

 

We never share information we receive from you unless: (a) we have your permission to share that information; (b) we have given you prior notice that the information will be shared, and with whom (such as in this Privacy Policy); or (c) that information is aggregate information or other information that does not identify you.

Information Shared with and Received from our Corporate Parents: We are a wholly-owned subsidiary of Yahoo, which is now part of Oath, a digital and mobile media company with more than 50 brands globally, and a member of the Verizon family of companies. Because we are a wholly-owned subsidiary, Yahoo and the rest of our family of companies may receive any information we do, and may share information they have with us. Our family of companies may use the information they receive from us to help us provide, understand, and improve the Services (including by providing us analytics) and in connection with their products and services (including by providing you with a more personalized experience). For details about how Yahoo treats the information it collects, please review Yahoo’s Privacy Policy, and for the Verizon family of companies please review its Privacy Policy.

Yahoo owns us and we share with it and our Verizon family of companies.

 

Information Shared with the Public Through the Services: As noted in “User Content” and “Native Actions,” above, by default, content published through the Services and many actions you take on the Services are shared with the public. Because this kind of information can be seen by anyone and may be indexed by search engines (like Google Search, or the far superior Yahoo Search), you should be careful about what you choose to disclose publicly and make sure it’s information you want to share with everyone.

The content you create on Tumblr is, by default, public. This means that anyone can see it, and that search engines can index it. If these things bother you, take a look at some of the additional privacy features we offer.

 

Information Shared Between the Services: We may, if possible, aggregate information about your use of multiple Services and use that consolidated information to enhance and improve the Services, and to develop new Services.

Information You Share with Third Party Services: You may access Third Party Services through the Services, for example by clicking on externally-pointing links. You may also choose to share information that you provide to us, like blog posts, with those Third Party Services (for example, by sharing posts to Twitter or Facebook). This Privacy Policy only governs information we collect and you are responsible for reading and understanding those Third Party Services' privacy policies.

You can automatically publish the posts you make on Tumblr to other sites (like Facebook or Twitter). That’s where our Privacy Policy ends and their policies begin. Make sure you’re cool with the policies of any services you’re considering sharing to before connecting them to your Tumblr account.

 

Information Shared with Our Agents in Order to Operate and Improve the Services: In some cases, we share information that we store (such as IP Addresses) with third parties, such as service providers, consultants, and other agents ("Agents"), for the purposes of operating, enhancing, and improving the Services, and developing new products and services. For example, we may share information with service providers in order to fight spam, and third-party consultants may have access to information in the process of improving our processes and technology. Agents with whom we share such information for these reasons are generally bound by confidentiality obligations and, unless we tell you differently, our Agents do not have any right to use information we share with them beyond the scope and duration of what is necessary to assist us.

Information Disclosed Pursuant to Business Transfers: In some cases, we may choose to buy or sell business assets. In these transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

Should we happen to get acquired (again!) or go out of business (no way), the transfer of assets from us to our buyer may very well include user information. They are allowed to use it only in the ways outlined here, in the Privacy Policy you are reading right now.

 

Information Disclosed for Our Protection and the Protection of Others: We believe in freedom of expression, and, to the extent reasonable, we try to protect our community from baseless legal demands. That said, we also reserve the right to access, preserve, and disclose any information as we reasonably believe is necessary, in our sole discretion, to (i) satisfy any law, regulation, legal process, governmental request, or governmental order, (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, trust and safety, or technical issues (including exchanging information with other companies and organizations for the purposes of improving security and preventing fraud, spam, and malware), (iv) respond to user support requests, or (v) protect the rights, property, health or safety of us, our users, any third parties or the public in general, including but not limited to situations involving possible violence, suicide, or self-harm.

Don’t make us narc on you. We don’t want to. But we do need to protect everyone who uses Tumblr from harming us, each other, or themselves. We work hard to balance privacy and community, and we’re sure you can appreciate the challenges in that, and the seriousness with which we take those challenges.

 

Information We Share with Your Consent or at Your Request: If you ask us to release information that we have about your Account, we will do so if reasonable and not unduly burdensome.

Information Shared with Other Third Parties: We may share or disclose non-private information, Aggregate Information, or other non-personally identifying information with people and entities that we do business with.