Effective Date: September 21, 2014

The essentials:

Accessing any page of our website other than our home page and this "Terms" page constitutes your consent to these terms of use and to our Privacy Policy. If you do not consent, please stop using the Services and request deletion of any accounts that you have created on the Services. Of course, if you use the Services before you cancel, that use will be subject to the Terms of Use that were in effect when you cancelled. By using any of the Services, you accept the Terms of Use as well as any applicable additional terms and policies. Your use of our website to do anything beyond simply accessing/viewing it (that is, uploading, downloading, commenting, etc.), constitutes not merely your consent, but also your electronic signature, meaning that you are contractually bound by these terms and by our Privacy Policy.

Goldper10.com reserves the right, in its sole discretion, to add, change, delete and/or cancel this term of services or the procedures on which they may be based, at any time, in whole or in part, with or without prior notice. No Goldper10 employee is authorized to make any verbal modifications at variance with this Policy.

Goldper10.com reserves the right to interpret the Policy and make limited exceptions when, in its discretion, it determines it is appropriate.

If you have any issues with this Policy, please stop visiting or posting on Goldper10.com

Posting/Hosting At-Will

This means the posting and hosting relationship between Goldper10 and each content creator is for an indefinite duration and may be terminated at the will of either the content creator or Goldper10, at any time and for any reason, with or without prior notice. No Goldper10 employee is authorized to make any verbal modifications at variance with this Policy.

Stuff not to do:

  • Here at Goldper10.com we respect the rights of all artists and creative people worldwide and we expect our members to also demonstrate that respect and assist us in creating a beneficial and positive atmosphere for all Goldper10.com visitors and members. If someone else might own the copyright to it, don't upload it.

  • Don't upload gore, obscenity, advertising, solicitations, "hate speech" (i.e. demeaning race, gender, age, religious or sexual orientation, etc.), or material that is threatening, harassing, defamatory, or that encourages illegality.

  • Don't hotlink to adult content, or to file-sharing or torrent sites.

  • Don't impersonate someone else.

  • Content Creators MAY NOT CLICK ON THEIR OWN ADS. If you do, or if you do anything illegal, in addition to any other legal rights we may have, we will ban you along with the site you're hotlinking from, delete all your content, report you to the authorities if necessary, and prevent you from accessing Goldper10.com.

  • Goldper10 reserves the right of profit distribution and the right of users to post/view content. Users who violate our terms of service will be banned and will not be paid for their content

    Stuff to do:

    If you see anything on our site that shouldn't be there because it violates our policies or for any other reason, please let us know by emailing us at editor@goldper10.com

    Intellectual Property:

    By uploading a file or other content or by making a comment, you represent and warrant to us that

  • Doing so does not violate or infringe anyone else's rights; and
  • You created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant Goldper10.com a non-exclusive, royalty- free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content.
  • To the extent that you delete any such file or content from the public portions of our site, the license you grant to Goldper10.com pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content Goldper10.com has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.
    By downloading a file or other content from the Goldper10.com site, you agree that you will not use such file or other content except for personal, non-commercial purposes, and you may not claim any rights to such file or other content, except to the extent otherwise specifically provided in writing.

    Notices of Claimed Copyright Infringement:

    CLAIMED COPYRIGHT INFRINGEMENT:

  • If you see anything on our site that you believe infringes your copyright rights, you may notify us by sending editor@goldper10.com the following information:
  • Identification of the copyrighted work or works claimed to have been infringed.
  • Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law.
  • A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.
  • Your physical or electronic signature, or of someone authorized to act on your behalf.
  • Instructions on how we may contact you: preferably email, but also address and phone.
  • Use the same procedure for any claimed trademark violations or other infringements. If we receive a DMCA notice and remove something you posted anonymously, we will have no way of notifying you, so you will have to contact us if you think that may have happened. If we identify you as a repeat infringer, we will block or remove your images and terminate any accounts you have with us. Keep in mind that we reserve the right to remove any content at any time whether or not it infringes or violates any of our policies.
  • Copyright and Fair Use

    When a copyright holder sues a user of the work for infringement, the user may argue in defense that the use was not infringement but "fair use." Under the fair use doctrine, it is not an infringement to use the copyrighted works of another in some circumstances, such as for commentary, criticism, news reporting, or educational use. The defense generally depends on a case-by-case judgment of the facts.

    Fair use is codified at Section 107 of the Copyright Act, which gives a non-exclusive set of four factors courts will consider in deciding whether a use is fair or not. These factors are

  • the purpose and character of the use,
  • the nature of the copyrighted work,
  • the amount and substantiality of the portion used, and
  • the effect of the use on the potential market for or value of the copyrighted work.
  • Of course, even with these factors, it is problematic and often unyielding to try to predict what uses a court will deem fair.
  • For more information, see thechillingeffects.org Fair Use FAQ.

    Disclaimer of Warranties, Limitations of Remedies, Indemnity:

    Although of course we strive to make Goldper10.com as dependable as possible, Goldper10.coms services are provided on an AS IS WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion.

    Goldper10.com disclaims all warranties, express and implied, including without limitation implied warranties of fitness and merchantability. Not withstanding anything else stated in these terms, and irrespective of whether imgur takes or does not take measures to remove inappropriate or harmful content from its site, Goldper10.com has no duty to monitor any content on its site. Goldper10.com does not assume responsibility for the accuracy, appropriateness, or harmlessness of any content appearing on Goldper10.com that is not produced by Goldper10.com, including but not limited to user content, advertising content, or otherwise.

    Goldper10.com has no liability for the loss of any services and/or of any images or other data you may have stored. your sole remedy is to discontinue the use of our service. Goldper10.com will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of, or inability to use, goldper10.coms services, even if goldper10 has been advised of or reasonably should have known of the possibility of such damages. no cause of action arising out of your use of Goldper10's services may be brought more than one year after it occurs.

    You will indemnify and hold Goldper10 and all of its personnel harmless from all loss, liability, claims, damages and expenses, including reasonable attorney fees, arising out of or related to your violation of these terms, your infringement of any third party's rights, and any harm caused to any third party as a result of your uploading of files, comments, or anything else to our servers.

    Miscellaneous:

    "Goldper10" or "we" refers to Goldper10.com, and its successors and assigns. "You" refers to any person who has consented to these terms or has become contractually bound to them, whether such person is identified or not at the time. These terms are governed by California law, excluding its conflicts of law principles, and if there is a lawsuit between you and Goldper10, jurisdiction and venue will lie exclusively in the State where the defendant is located, if within the United States, or in Alameda County, California otherwise. If any part of these terms is invalid, the remaining provisions will be unaffected. These Terms of Use constitute the entire agreement among the parties relating to this subject matter, and they will continue to govern any issues that arise out of your use of Goldper10s services even after you discontinue using them. We may revise these terms from time to time without notice. Whenever we do so, we will so indicate by changing the version date at the top. Any changes apply as of the time they are posted. Goldper10 is not meant for use by children under age 13; if your child is younger than 13 please allow him or her to use it only under your supervision.