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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.

22. Imgur.com

Track the internet's latest creations on Imgur!

Imgur

Perhaps as you would expect from a company with a name that seems to be shorter than it should, Imgur gets points for brevity in their user agreement, which is the Terms of Service, Privacy Policy, and Community Rules. The Terms and Privacy Policy are the key components with the Community Rules supporting each. Imgur provides common sense explanations for their terms in addition to the legally binding language. Another highlight is the fact that they don't collect your data unless you buy something on the site.  The Community Rules discuss copyright and standards for offensive content and how it should be tagged. There are also copyright an trademark provisions in the Terms. This terms are important for Imgur because they may be the difference between being treated like Napster or not in the eyes of a court. 

Representations & Warranties

 

 "Although of course we strive to make Imgur as dependable as possible, Imgur's 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. IMGUR DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING 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, IMGUR HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. IMGUR DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON IMGUR.COM THAT IS NOT PRODUCED BY IMGUR, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE."

Limitations on Liability

 

"Your sole remedy for the loss of any services and/or of any images or other data you may have stored on Imgur's service is to discontinue your use of our service. IMGUR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, IMGUR'S SERVICES, EVEN IF IMGUR 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 IMGUR'S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS."

Indemnification

 

"YOU WILL INDEMNIFY AND HOLD IMGUR 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."

Key Definitions

  • "Imgur" or "we" refers to Imgur, Inc., a Delaware corporation, 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. 

Sharing Agreements

 

"Because Imgur neither requires nor requests personally-identifiable information about you, if you choose to remain anonymous Imgur will not disclose to any third party any personally identifiable information about you. The only exceptions are: (1) If you use a credit card to make an on-site or in-app purchase, in which case your private data is forwarded to credit card processors only for that purpose (including guarding against credit card fraud) and not stored on our servers. (2) If we receive a subpoena or other legal process requiring us to disclose whatever information we may have about you, we may have no choice but to do so.

You may correct, amend, or delete inaccurate private data (if any) you have given us, although any credit card transactions that have already taken place will be unaffected. For legal reasons we may retain backup and/or archival copies of information prior to your corrections, amendments, or deletions. We take every reasonable precaution to protect your private data from loss, misuse, unauthorized access, disclosure, alteration, or destruction. You are responsible for taking every reasonable precaution on your end to protect any unauthorized person from accessing your Imgur account.

We may use cookies, web beacons, or other anonymous tracking information to improve our server's interaction with your computer, and we may partner with third party advertisers who may (themselves or through their partners) place or recognize a unique cookie on your browser. These cookies enable more customized ads, content or services to be provided to you. To trigger these cookies, we may pass an encrypted or "hashed" (non-human readable) identifier corresponding to your email address to a Web advertising partner, who may place a cookie on your computer. No personally identifiable information is on, or is connected to, these cookies. Although our servers currently don't respond to "do-not-track" requests, you can block these cookies in other ways.

Imgur participates in the Digital Advertising Alliance's (DAA) Self-Regulatory Program for Online Behavioral Advertising. For more information please visit http://www.aboutads.info.

We use third-party advertising companies to serve ads when you visit our website or use our apps. These companies may use information about your visits to this and other web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies for interest based advertising, please visit http://www.aboutads.info/choices/."