You waive your moral rights
Moral rights are rights to creators of literary, dramatic, musical and artistic works, as well as directors of films.
"The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation". Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work." -Wikipedia
In general, any terms that use the exact words "moral rights" as rights that are waived will fall under this Case.
You aren’t allowed to remove or edit user-generated content
You cannot edit or remove your content from this service.
Your personal data is used for automated decision-making, profiling or AI training
Personal data or content you share with the service may be processed to make decisions by automated means without human involvement. This includes profiling, which is any form of automated processing of your information to analyse or predict things like your economic situation, health, personal preferences or interests; as well as Artificial Intelligence training.
This service may collect, use, and share location data
Location-based information is collected and may be used and/or shared with third parties for purposes not directly related to the services provided (i.e. the Service doesn't rely on the use or share of location data to function properly).
Third-party cookies are used for advertising
The service's website sets third-party cookies (cookies that do not belong to their domain) for purposes not including statistics and analytics.
Terms may be changed any time at their discretion, without notice to you
The Agreements can be updated at any time, including in a way that negatively affects user rights, without notifying before or after the changes.
This service shares your personal data with third parties that are not essential to its operation
Your personal data is or may be given to third parties nonessential to the service’s operation. This could be a business partner that receives your data to provide targeted advertisements.
Many different types of personal data are collected
The service collects different kinds of personal data, such as name, demographic information, postal address, biometric data, device information, IDs, contacts, call logs...
Your account can be deleted without prior notice and without a reason
At any time, your account can be terminated without explanation and without warning by the service.
This service tracks you on other websites
The service may use tracking technologies in third-party websites to track your online activity while you aren't visiting their Site.
Your Personal data may be sold unless you opt out
There is a form to opt-out (typically California's CCPA) of the selling of your personal data. This is a bad a point because there are many services that don't have this form due to not selling your data in the first place.
Your personal data may be used for marketing purposes
The service may use your personal data for marketing, such as sending you personalised offerings.
Your profile is combined across various products
When using multiple services from one same company, they can combine these (unrelated) information sources about you to build up a single richer user profile about you.
Information is gathered about you through third parties
This Service may employ, either identifiable or non-identifiable, data collection from third party sources about you.
You are tracked via web beacons, tracking pixels and device fingerprinting
Tracking technologies (such as web beacons, tracking pixels...) are employed on users and/or the service assigns a unique ID to a browser or device to track its behaviour.
Your personal data may be disclosed to comply with government requests without notice to you
If the Government governing the Terms requests personal data of a user of this service, they may not inform/notify the user while complying with the request.
This service tracks which web page referred you to it
The service logs the URL of the last web page you visited before visiting the Site and may use that information to gather more data about you.
Instead of asking directly, this Service will assume your consent to changes of terms merely from your usage.
The Service infers your acceptance from your continued usage, instead of prompting you to read the new Terms and asking for direct consent. This doesn’t apply to services that have no way to seek consent from users through their contact details or an account.
A license is kept on user-generated content even after you close your account
The service may still use your content and display it after you stopped using it by closing your account. The case applies to terms requiring users to grant them a perpetual license over that content.
Your content can be licensed to third parties
By posting content through the Services, users grant them a transferable and/or sublicensable right, which allows user content to be licensed to third parties.
Your personal data may be sold or otherwise transferred as part of a bankruptcy proceeding or other type of financial transaction
If the service gets acquired or is involved in a merger, bankruptcy, reorganisation or sale, your personal data may be transferred or sold.
The service does not guarantee that software errors will be corrected
Users agree to use the service and its software as provided and accept that any errors within that software may not be corrected.
The court of law governing the terms is in a jurisdiction that is less friendly to user privacy protection.
The Terms are governed by the applicable laws of a jurisdiction known for weak data regulations and poor user privacy protection. Usually contributors will need to explain in the Analysis view of each point linked to this Case the reason why it shall be applied.
You are tracked via web beacons, tracking pixels, browser fingerprinting, and/or device fingerprinting
Tracking technologies (such as web beacons, tracking pixels...) are employed on users and/or the service assigns a unique ID to a browser or device to track its behaviour.
You are being tracked via social media cookies/pixels
These types of cookies/pixels send information to social media sites when you interact with the service.
This service receives your precise location through GPS coordinates
Unless the service relies on Geo Location, this case is to be assigned to points that don't need your GPS coordinates to function properly.
Your personal data is used to employ targeted third-party advertising
Your Personal Information is traded and shared with advertising companies to target ads on you, either on the website you were visiting or in third party websites. Your interaction with the service and data you have shared with them may be gathered to create an advertising ID or profile.
This service gives your personal data to third parties involved in its operation
Your personal data is or may be given to third parties essential to the service’s operation. This could be an external spam detection service for an internet forum.
This service gives your personal data to third parties involved in its operation
Your personal data is or may be given to third parties essential to the service’s operation. This could be an external spam detection service for an internet forum.
This service assumes no liability for unauthorized access to your personal information
Your biometric data is collected
This service can collect or use your biometric data. This includes but is not limited to facial recognition, fingerprints, and iris scans. Although this feature can sometimes be convenient to the user, providing this type of information to the service could open your personal data to being sold or stolen.
Your data may be processed and stored anywhere in the world
Your data is stored all over the world, including in countries where data protection rules may differ from the ones of the service's jurisdiction or those of your country jurisdiction.
Third-party cookies are used for statistics
For instance, Google Analytics, rather than self-hosted (first-party) statistics software.
Tracking pixels are used in service-to-user communication
The service tracks the user count or some actions of the user; this is usually used for statistics. For example, emails sent by a service can contain a pixel tag, which is a small, clear image that can tell them whether or not you have opened an email and what your IP address is.
Information is provided about how they collect personal data
The service details situations in which they collect personal information or means by which they do.
You can request access, correction and/or deletion of your data
Users have the right to access personal data hold by the Service, correct it and/or permanently delete it. This usually applies to Services GDPR compliants.
If you offer suggestions to the service, they may use that without your approval or compensation, but they do not become the owner
The service may employ a broad copyright license over feedback, proposals, ideas and suggestions submitted, including the right to use them without restriction, compensation or obligation to the user, but they do not claim ownership on them.
You are informed about the risk of publishing personal info online
You can retrieve an archive of your data
Users can request a copy of the data collected through the services and infer from it the amount of personal information that is processed and stored by the Service. This usually applies to Services GDPR compliants.
Information is provided about what kind of information they collect
The Privacy Policy describes in detail the data collected through the website and through the services provided.
Information is provided about how your personal data is used
The Privacy Policy explains the purposes for which data is collected and the way it is processed, used and shared.
The service claims to be CCPA compliant for California users
The service has a different behavior towards users protected by the California Consumer Privacy Act.
A free help desk is provided
The service can be easily contacted for questions or provides a support center at no extra cost.
You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service
The service assumes no liability for any damages the user incurs
The service assumes no liability for any damages the user incurs, including tangible (e.g. profits) and intangible losses (e.g. data), resulting from the use or inability to use the service or any other matter relating to the service.
The service is not responsible for linked or (clearly) quoted content from third-party content providers
Your content can be deleted if you violate the terms
Content infringing the Terms of Service (or the Acceptable Use Policy or equivalent) may be removed, with or without notice.
You are responsible for any risks, damages, or losses that may incur by downloading materials
Users are responsible for any harm to their computer system or loss of data they may incur through the download of materials from the service.
You agree to indemnify and hold the service harmless in case of a claim related to your use of the service
You are responsible for your use of the service. If a claim arises related to that use, you agree to indemnify and hold the service harmless.
If users are also required to defend the service, see Case 146 instead.
This service does not condone any ideas contained in its user-generated contents
The service provider makes no warranty regarding uninterrupted, timely, secure or error-free service
The service provider expressly does not claim to provide uninterrupted, timely, secure or error-free service.
You are prohibited from sending chain letters, junk mail, spam or any unsolicited messages
Users are not allowed to use the service for chain letters, junk mail, spamming or any other distribution of content to people who have not agreed to receiving it.
The service is provided 'as is' and to be used at your sole risk
This service does not provide any guarantees as to its usability or fitness for the users' purposes. Users agree to use it at their own risk, accepting any possible bugs, malfunctions or harm to their devices.
You agree not to submit libelous, harassing or threatening content
This service prohibits users from submitting content of a variety of types. This can include content that is unlawful, harassing, abusive, threatening, libelous, sexist, racist, homophobic, transphobic, or discriminatory in any other way.
Spidering, crawling, or accessing the site through any automated means is not allowed
No guarantee is given regarding quality
The Service doesn't warrant or guarantee the quality of the products or services provided.
This service is only available to users over 18 years old
The Services are intended for users who are at least a certain age. If you are younger than the age required then you are prohibited from using the Service.
The posting of pornographic content is prohibited
Users are not allowed to post any content of pornographic nature. This includes adult content, things that are sexually explicit, or obscene.
This service informs you that its Terms of Service does not apply to third party websites
The service states that whenever it links to third party websites or applications, its Terms of Service does not apply. Those third party websites or applications hosted or operated by other organizations may have their Terms of Service.
Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder
Should any portion of the Terms of Service be unenforceable or invalid, that portion will be enforced to the fullest extent permitted by applicable law and the remainder of the TOS will remain valid and enforceable.
The service informs you that its privacy policy does not apply to third party websites
The service states that whenever it links to third party websites or applications, its privacy policy does not apply. Those third party websites or applications hosted or operated by other organizations may have their own privacy policies.
Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder
Should any portion of the Terms of Service be unenforceable or invalid, that portion will be enforced to the fullest extent permitted by applicable law and the remainder of the TOS will remain valid and enforceable.
The service does not guarantee accuracy or reliability of the information provided
This service makes no warranty regarding the accuracy or reliability of any information that is given on its website or the results that may be obtained from the use of the service.
The service does not guarantee accuracy or reliability of the information provided
This service makes no warranty regarding the accuracy or reliability of any information that is given on its website or the results that may be obtained from the use of the service.
Your personal data is aggregated into statistics
Your personal data is used for statistics in a de-identified/aggregated form (i.e. not directly linked to a unique identity) to analyse trends, for research and for analytics.
You agree not to use the service for illegal purposes
The user agrees not to commit any unlawful acts through the use of the website, including the posting of illegal content or messaging.
You must report to the service any unauthorized use of your account or any breach of security
The service asks the user to notify them immediately of any unauthorized use or security breaches.
You are responsible for maintaining the security of your account and for the activities on your account
You are responsible for protecting the confidentiality of your password and for maintaining the security of your account. Any activity occurring under your account is your responsibility, whether authorized by you or not.
Failure to enforce any provision of the Terms of Service does not constitute a waiver of such provision
Even if the service does not or not always enforce all of the rules or provisions contained in its terms, they still apply. Users can at a later time still be held accountable for violating provisions that have not been enforced consistently.
Third parties are involved in operating the service
This service cannot be held responsible for disputes that you may have with other users
You are responsible for the interactions and the disputes that may occur with other users of the Service. In the event of a dispute, you release the Service from all claims resulting from it.
This service does not guarantee that it or the products obtained through it meet your expectations or requirements
This service provider informs its users that the services, information, products, or other materials provided on its website may not meet the users' expectations or requirements.
Your IP address is collected, which can be used to view your approximate location
The court of law governing the terms is in Pennsylvania, U.S.A.
The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").
Moral rights are rights to creators of literary, dramatic, musical and artistic works, as well as directors of films. "The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation". Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work." -Wikipedia In general, any terms that use the exact words "moral rights" as rights that are waived will fall under this Case.