Private messages can be read
The Service is able to access, scan, review or read all user communications, including private messages, which may contain personal or sensitive data.
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.
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.
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.
Location data may be collected, used and/or shared
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).
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...
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...)
You are forced into binding arbitration in case of disputes (unless a small claims court is available)
This service forces users to use their own contracted arbitrator and forces users to waive their rights to jury trial.
Many third parties are involved in operating the service
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.
The service disables software that you are not licensed to use
The service disables software that you are not licensed to use.
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.
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.
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.
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.
Your personal data may be used for marketing purposes
The service may use your personal data for marketing, such as sending you personalised offerings.
Extra data may be collected about you through promotions
Additional personal data may be collected through contests, surveys, promotions, petitions or sweepstakes.
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 waive your right to a class action
The right to be represented in a class action (or representative action) exists in the US and some European countries. It allows people who have been similarly injured by the same accused to take legal action by a single lawsuit instead of individually. Some Terms of Service try to limit that right. By agreeing to them, you could waive (= renounce to) your right to a class action, which might reduce your chances to be successful in a case.
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.
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.
Your personal information is used for many different purposes
Personal Data can be processed for many reasons, including non essential processing such as for advertising, marketing and analytics purposes.
Certain features may be throttled
The service may impose limits or restrictions to the use of the service, thus negatively impacting users experience. They may do so without reason or prior notice.
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.
Inconvenient process for obtaining personal data
This applies to cases where obtaining personal data requires sending a written letter by mail or is otherwise more complicated and time consuming than necessary.
Any liability on behalf of the service is only limited to the fees you paid as a user
Even if the service, for some reason, were to be liable to you, then compensation is limited up to whatever you had paid beforehand (and even if you hadn’t paid any amount to the service, you’re agreeing to compensation by a maximum imposed by the service).
Your account may be suspended and/or terminated for breaching the Terms of Service
Your account can be terminated for having been in breach of the Terms of Service/Community Guidelines/any other relevant policy. Your account can not be terminated without a reason.
Information is provided about how your personal data is collected
The service details situations in which they collect personal information or means by which they do.
The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection (California, U.S.A.)
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.
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.
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 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.
You are informed about the risk of publishing personal info online
You can opt out of binding arbitration, but only have 30 days to do so after registering
The service allows you to opt out of its binding arbitration clause, though often you have to do so before a certain amount of time passes after your registration.
Information is provided about what kind of personal information is collected
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 reviews its Privacy Policy on a regular basis
Users know the date the privacy policy was last updated and can thus infer the next time it will be reviewed. This gives users more certainty about how long they can trust the current policy to apply.
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.
Two factor authentication is provided for your account
The service provides means of further securing your account with two factor authentification, thus greatly improving account security.
You can opt out of targeted advertising
The service employs your data to target ads to you, but you can opt-out of this interest-based advertising.
This service claims that your personal data is not being sold
This service makes the claim that your personal data is not being sold, rented or traded with third parties. This, however, may not always be an accurate statement as it may be, more often than not, based entirely on a very loose legal definition on “selling”, whereas other jurisdictions may actually constitute their sharing of your personal data as “selling”.
The service claims that third parties it shares your personal information with are bound by confidentiality obligations
The Third Parties accessing your personal information must keep it confidential and only use it for limited purposes.
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.
A free help desk is provided
The service can be easily contacted for questions or provides a support center at no extra cost.
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.
You should revisit the terms periodically, although in case of material changes, the service will notify
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.
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.
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.
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.
This service has a no refund policy with some exceptions
Payments can be refunded if some requirements are fulfilled.
The service can stop being provided 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.
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.
No warranty is made regarding an uninterrupted, timely, secure and/or error-free experience
The service provider expressly does not claim to provide uninterrupted, timely, secure or error-free service.
This service is only available for use individually and non-commercially
Users can't use the Service for commercial purposes (unless the Service consents): it is only for personal, individual purposes.
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.
No guarantee is given regarding quality
The Service doesn't warrant or guarantee the quality of the products or services provided.
Your account can be suspended for several reasons (including breaching third-party terms)
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.
This service is a subsidiary of Sony Interactive Entertainment LLC
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 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.
You must keep your information up to date and accurate
The service expects you to provide true and accurate information upon registering an account with them, and that you will keep it up to date.
You cannot distribute or disclose your account to third parties
In this context third-parties refers to anyone including friends, family, or company
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.
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.
Your IP address is collected, which can be used to view your approximate location
Do Not Track (DNT) headers are ignored and you are tracked anyway even if you set this header
Even though the Do Not Track (DNT) header was not implemented perfectly, services should not track users whose browsers send a DNT header.
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.
The court of law governing the terms is in the State of California, 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").
Separate policies are employed for different parts of the service
The user may need to read additional product-specific agreements depending on the way the service is used.
Third parties are involved in operating the service
Other rules, terms, conditions and/or guidelines may apply
Use of the service is subject also to an exhaustive list of other documents containing rules, guidelines, terms or policies (in addition to the obvious Terms of Service/Terms of Use and Privacy Policy/Data Use Policy)
Minors must have the authorization of their legal guardians to use the service
Minors must have the authorization of their legal guardians to use the services. The legal guardians are responsible for the use of the service by the minor.