Terms of Service
Publication date:   June 1, 2020
By using or visiting the Upstart website or any Upstart products, software, data feeds,
and services provided to you on, from, or through the Upstart website (collectively the “Service”)
you signify your agreement to these terms and conditions (the “Terms”) and the Upstart
incorporated herein by reference. If you are using the service on behalf of a
organization, they must accept this agreement.
You acknowledge that failure to abide by these terms can result in disciplinary action,
including reversal of a particular sale or suspension of your account.
Pronouns “we, us, ours” etc. refer to Upstart Hosting, Inc. and “you, your” etc. refer to the
user agreeing to these Terms. This service facilitates the sale and distribution of digital
content. In the context of this service, an “item” refers to:
- A file, group of files, data streams, etc. that are provided by a user (the “creator”), and
- Data associated with the publication, sale, distribution, rating, user commentary, etc. of these files
Children under the age of 13 are not allowed to create an account or use the service. You must
follow the age requirement laws in your region.
You will not attempt to abuse the service or cause interruption to its functioning. Neither will
you harass users or otherwise create a hostile environment.
Truthful representation of product
The title, description, and any preview materials associated with an item should
accurately reflect the paid (or unpaid) contents of the item. Severe or deliberate
misrepresentation could lead to disciplinary action, including reversal of sale and
suspension of your account.
We strive to allow freedom of expression, but we will also follow the laws of countries
we operate in. In addition to some types of content that are disallowed site-wide, some
items may be unavailable depending on your region (see our
Global & Regional Laws
When you upload a file you are given options on how you want your content to be
distributed, used, and displayed. By uploading the files to our site, you are
agreeing to allow us to distribute them according to the selection indicated in
the copyright settings section of the upload page. In general, you keep the
copyrights to content you post on our site. These are nonexclusive transfers, so
you can still use your content however you like outside of our site. Note that
each file within an item has its own copyright settings, so you must indicate
your preferences for each. For your convenience, you can also select your
‘default’ copyright settings, which sets the initial values for new files.
We do not tolerate copyright infringement. This includes posting things you do
not own, or making derivative works, without permission.
For existing content on this site, you may have implicit permission to
make derivative works depending on the settings the creator chose when
they uploaded a file. These will be visible when visiting a file.
Creators can also allow other users to request permission through the
For content from outside of this site, we cannot easily tell if you have
obtained permission for your use. You must certify when you upload it
that you have permission.
You will respect the owner’s policy on the public display and
performance of their work.
In the “other works” section of a file’s copyright settings you will
indicate any and all other works that are present in your submission. If
the file is on Upstart, you will provide the link or ID of the file. If
the file is not on Upstart, you will provide a short textual
description, such as a title and author, or a link to another site where
the work is hosted.
For content whose origin or copyright is unclear, we make an effort to preserve original
copies and reduce the proliferation of duplicate content. We will remove files which are
found to be identical to an existing file, or which are nearly identical but of reduced
quality. You will not upload files you know to be already present on the site unless
they are of superior quality or belong to you. Users found to repeatedly or
intentionally violate this rule may be subject to disciplinary action.
Adult and Graphic Content
When uploading items you have the opportunity to mark them as containing adult content
and/or graphic content. You are required to mark these accurately, to your best
judgement. For guidelines on these distinctions, visit our
page. As a
corollary: we cannot guarantee that applying adult or graphic content filters will
prevent the appearance of all instances of such content. Browse with discretion in the
presence of minors.
Hosting and Permanence
At Upstart we strive for the preservation of works and their interrelationship. For
items that are hosted privately, you have the right to request their removal at any
time. For items that are hosted publicly: after an item has been released for one week,
it will remain available to users and will not be removed. An exception to this is when
the item is found to be in violation of these Terms, in which case the item will be
removed and buyers will be refunded.
As it is difficult to review all content and actions for all possible violations, we encourage
users to report violations of these Terms. We may offer incentives for reporting, such as the
funds from a reversed sale to users who purchased and reported, or fees transferred from
violators to reporters. (See our
page.) You will not knowingly file false reports.
The service tracks a monetary balance associated with your account which is primarily used for
purchasing and selling content, and secondarily for covering fees associated with your use of
our service. Money is credited to your account primarily through deposits or through the sale of
content. By depositing money into your account you allow us, without other notice, to draw from
your balance to cover your purchases and fees associated with your use of the service, described
You are free to withdraw your credited balance at any time, except when (i) we encounter
technical difficulties in processing the payment, or (ii) your account is under investigation
for a violation of these Terms that would have financial impact (e.g. fraud, copyright
infringement, etc.) You will be notified if any of these exceptions apply. Note that an
outstanding balance, e.g. from a pending sale, is not yet credited and will be indicated
Items posted for sale are purchased on behalf of many users at once when a satisfactory solution
is found between the asked revenue and the bids placed. If you are a Verified User, the revenue
from items sold on your behalf will be credited immediately. Otherwise, the revenue will be
credited to your account after a specified
unless the item is suspected of
violating these Terms. In either case, violations discovered after your account has been
credited can result in the reversal of the sale and removal of your funds. If the funds are not
available in your balance, you are obligated to deposit the necessary funds and will be
notified. If the funds are not made available, your account may be suspended and you may be
pursued for legal action.
You are responsible for paying your government any taxes associated with the sale of your
content. If you are a Verified User, you may have the option of having your taxes withheld
We use the Nano cryptocurrency as a means of depositing and withdrawing funds quickly and
feelesly across the world. The nature of this currency is such that transactions cannot be
undone and funds once sent cannot be recovered without the consent of the receiving party. While
transactions within the website can be reversed, Nano that has been withdrawn from Upstart is
not accessible to us. We will not be held financially responsible for funds which have been
legitimately withdrawn from Upstart. For instance, in the case of fraudulent advertising by a
Verified User, the funds from a sale can be withdrawn immediately; while we will attempt to
retrieve the funds, we cannot guarantee a refund to users who bought this item. Similarly, a
fraudulent item sold by a non-Verified user which is not reported within the evaluation period
would be subject to the same risk.