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.
Specific content can be deleted without reason and may be removed without prior notice
This service can delete specific content. Usually they will claim they reserve the right to do it at their sole discretion, which is legalese for saying they won't give a specific reason. If the terms say they will not notify you, it shall be included in the quote but if it does not explicitly say they will give you a notice, it can be reasonably inferred that they can do it without telling you.
App required for this service requires broad device permissions
The app of the service requires more device permissions than necessary. As a consequence it can compromise your privacy by accessing many functions and information from your device, such as precise location, contacts, device identifiers etc.
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.
Some personal data may be kept for business interests or legal obligations
After the end of the data retention period and/or if you request the deletion of your data, they may still keep it for business interests (fraud detection, transactions...) or legal obligations (tax, legal reporting...)
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...
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.
Your account can be suspended and your data deleted any time for any reason
At any time, your account can be terminated without explanation and without warning by the service.
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.
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.
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.
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.
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.
Extra data may be collected about you through promotions
Additional personal data may be collected through contests, surveys, promotions, petitions or sweepstakes.
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.
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.
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 assumes no liability for unauthorized access to your personal information
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.
Third party cookies are employed, but with opt out instructions
Third party cookies are employed, but with opt out instructions
You maintain ownership of your data
This service does not claim ownership over user-generated content or materials, and the user doesn't need to waive any moral rights by posting owned content.
The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection.
The Terms are governed by the applicable laws of a jurisdiction known for protecting citizens privacy with strong data regulations. Usually contributors will need to explain in the Analysis view of each point linked to this Case why the jurisdiction is friendly to user privacy protection.
The data retention period is kept to the minimum necessary for fulfilling its purposes
The service will remove personal data from its systems once it is no longer required. Depending on the type of information and the reason it was collected, data retention periods will vary.
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.
When the service wants to make a material change to its terms, users are notified at least 30 days in advance
The service may update the Terms without notice, but if they significantly change the agreements in a manner that importantly and/or negatively affects the way the service is used, users will be notified at least 30 days in advance.
A complaint mechanism is provided for the handling of personal data
The service provides users with contact information for an internal or external structure to lodge complaints. It also provides users with contact information for a higher data protection / privacy office in case the internal mechanism fails to satisfy the user.
Your browser's Do Not Track (DNT) headers are respected
This service does respect the browser's Do Not Track header and disables all user tracking if it is enabled.
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.
You are warned of the potential consequences related to third-party access
This is different from disclaiming liability for external links, which is handled by the "This service assumes no responsibility and liability for the contents of links to other websites" case.
The service provides two factor authentification for your account
The service provides means of further securing your account with two factor authentification, thus greatly improving account security.
Third parties used by the service are bound by confidentiality obligations
The Third Parties accessing your personal information must keep it confidential and only use it for limited purposes.
This Service provides a list of Third Parties involved in its operation.
The Service provides a list detailing the third parties involved, their roles, and may even provide more information.
The service claims to be GDPR compliant for European users
The service has a different behavior towards users protected by the GDPR.
The terms for this service are easy to read
The Agreements are well-organised, define legal terms (where applicable), aren't needlessly long and may be pleasant to read.
You have the right to leave this service at any time
You can stop using the service and/or cancel or delete your account at any time for any reason. Moreover, the termination is reasonably fast and simple.
Copyright license limited for the purposes of that same service but transferable and sublicenseable
You shall defend and indemnify GitHub
The service has a no refund policy
Payments are final and can't be refunded unless required by law.
You authorise the service to charge a credit card supplied on re-occurring basis
You card will be billed on recurring basis unless cancelled. For instance, monthly or annual subscriptions.
Users are responsible for any risks, damages, or losses they 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.
This service assumes no liability for any losses or damages resulting from any matter relating to the service
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 copyright license that users grant this service is limited to the parties that make up the service's broader platform.
There is a date of the last update of the agreements
The given text has a date that allows to know when it was last updated.
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 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.
They may stop providing the service at any time
They may discontinue the services without prior notice, at any time, for any or no reason. They usually assume no liability for losses and damages resulting from this suspension.
defend, indemnify, hold harmless; survives termination
Your private content may be accessed by people working for the service
Service does not allow alternative accounts
Services that do not allow multiple or alternative accounts are covered by this case.
Alternative accounts can contribute to an increased privacy, but can also be used to manipulate discussions and polls and might decrease the trustworthiness of a person.
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.
The service is provided 'as is' and to be used at the users' 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.
This service is only available to users of a certain age
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.
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.
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.
This service is a subsidiary of Microsoft
The service is a subsidiary of a certain company (called X in the title, to be replaced by the parent Company in each point's title). Company X’s Terms of Service may apply to the service.
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.
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.
First-party cookies are used
First-party cookies only belong to the domain of the service and not a third party.
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 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.
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.
Provides instructions on how to submit a copyright claim
If content that you own is copied or made accessible through the service in a way that constitutes an intellectual property right infringement, you can report it following the instructions given in the agreements.
You cannot distribute or disclose your account to third parties
In this context third-parties refers to anyone including friends, family, or company
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 court of law governing the terms is in California, USA.
The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").
Users agree to comply with the law of the service's country
By using the service, you agree to comply with the applicable laws of the service's jurisdiction, regardless of your location.
The terms may be changed at any time, but you will receive notification of the changes
The Terms may be updated without prior notice, but users will be notified of the changes at the moment they will start applying.
The terms for this service are translated into different languages
Although there's generally a unique binding language for the terms, they are translated to allow all users to understand the agreement they're accepting, no matter their native language.
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.
Third parties are involved in operating the service
Your IP address is collected, which can be used to view your approximate location
This service does not guarantee that it or the products obtained through it meet the users' 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.
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.