They store data on you even if you did not interact with the service
Some services store data on you even if you did not provide that data yourself. For example, users might provide access to their address book, after which a service might also store the phone numbers of that person's contacts.
Content you post may be edited by the service for any reason
This service can edit any content on the service for whatever the reason and at their sole discretion.
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.
Sensitive data is collected and shared to target advertising
Sensitive data refers to information requiring special protection, such as health data, political and religious beliefs, ethnic origins, sexual life and financial information. The service collects and shares this data with third parties for advertising or marketing.
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.
This service still tracks you even if you opted out from tracking
Users can’t fully opt out of tracking technologies used for non essential purposes such as advertising, marketing or analytics. The user may be asked for consent for installing some tracking technologies on the device, and even if all are rejected the service will still track its visitors and ignore the choice.This case doesn’t apply to functional cookies that are necessary to provide the services.
This service holds onto content that you've deleted
Content may remain in backup servers and be retained after deletion, and thus never be completely deleted. This case doesn't apply to contributions that can't be removed due to the nature of the service.
Service fines users for Terms of Service violations
Service fines users for violating provisions in the Terms of Service
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.
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).
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...
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.
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 deleted or permanently suspended without prior notice and without a reason
At any time, your account can be terminated without explanation and without warning by the service.
Your account can be deleted or permanently suspended 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 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.
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.
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.
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.
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.
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 may be used for marketing purposes
The service may use your personal data for marketing, such as sending you personalised offerings.
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.
Extra data may be collected about you through promotions
Additional personal data may be collected through contests, surveys, promotions, petitions or sweepstakes.
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.
You are forced into binding arbitration in case of disputes
This service forces users to use their own contracted arbitrator and forces users to waive their rights to jury trial.
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 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.
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 have a reduced time period to take legal action against the service
If you wish to bring legal action against a service about a past incident, you may not be able to do so if the Terms you agreed to implied a limited amount of time. As a result it may be worthy to carefully read that section of the Terms to know exactly how much time you might have before your right to take legal action expires.
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.
This service takes credit for your content
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 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.
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.
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 personal data is used for advertising
Your interaction with the service and data you have shared with them may be gathered to create an advertising ID or profile to target ads on you, either on the website you were visiting or in third party websites.
Your use is 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 provided identifiable information is actively checked by the service
The service checks if the required identifiable information you've provided is correct, and may do so on a regular basis. The check measures could be analyzing your browser information and/or providing the identifiable information to a third-party or the authority, thus compromising your anonymity.
You shall not interfere with another person's enjoyment of the service
Users are asked not to interfere with another person't enjoyment in using the service.
However, this statement is very vague and open to interpretation by the service itself.
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.
Usernames can be rejected or changed for any reason
The service's terms explain they may change or remove usernames at their sole discretion, and they may do so without prior notice.
The service is only available in some countries approved by its government
Countries under embargo or banned by the government of the country in question cannot use the service.
Any liability on behalf of the service is only limited to the fees you paid as a user
Third-party cookies are used for statistics
For instance, Google Analytics, rather than self-hosted (first-party) statistics software.
Third party cookies are employed, but with opt out instructions
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 are informed about the risk of publishing personal info online
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.
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.
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 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.
If you are the target of a copyright holder's take down notice, this service gives you the opportunity to defend yourself
You have the right to send a counter-notice to the service if you believe the content that was removed wasn't infringing any copyright.
A free help desk is provided
The service can be easily contacted for questions or provides a support center at no extra cost.
You can opt out of promotional communications
You can update your account preferences and/or easily unsubscribe of email/sms lists to stop receiving promotional communications.
The service has non-exclusive use of your content
The service can pay for your content and you are allowed to make it commercially available to other services/parties.
The publishing of personally identifiable information without the owner’s consent is not allowed
Users agree not to publicly post personally identifiable information (name, postal address, contact information…) without the owner’s knowledge or consent
You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service
Harming minors in any ways is prohibited
This service prohibits harming minor in any ways. Since both “minor” and “in any ways” are vague and can be cited to restrict possibly any actions, the case is not classified as “good”.
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 distributed through any media known now or in the future
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.
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.
This service assumes no responsibility and liability for the contents of links to other websites
The service rejects any responsibility for the contents of other websites to which it links.
The service is not responsible for linked or (clearly) quoted content from third-party content providers
The service can intervene in user disputes
If you have a dispute with another user on this service, they can review the issue and intervene. However, they don't have an obligation to do so.
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.
This service does not condone any ideas contained in its user-generated contents
Defend, indemnify, hold harmless; survives termination
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.
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.
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.
You must create an account to use this service
You must provide the service with your information in order to use it
You are prohibited from attempting to gain unauthorized access to other computer systems
The service does not allow any attempts at hacking or otherwise gaining unauthorized access to other users' computers.
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.
Spidering, crawling, or accessing the site through any automated means is not allowed
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.
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.
Your account can be suspended for several reasons
If you are the target of a copyright claim, your content may be removed
The content you have published on the service may be removed if it infringes copyright.
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 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.
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.
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.
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.
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.
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.
You cannot distribute or disclose your account to third parties
In this context third-parties refers to anyone including friends, family, or company
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.
Instructions are provided 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.
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.
You 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.
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 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 court of law governing the terms is in the state of Michigan, 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").
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.
Other applicable rules, terms, conditions or guidelines
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.
Third parties are involved in operating the service
Some services store data on you even if you did not provide that data yourself. For example, users might provide access to their address book, after which a service might also store the phone numbers of that person's contacts.