You waive your moral rights from your feedback
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.
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).
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...)
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.
If you offer suggestions to the service, they become the owner of the ideas that you give them
The service can claim ownership on feedback, proposals, ideas and suggestions submitted by the users, who may waive their "moral rights" on that feedback.
Referring and/or exit pages are tracked
The service logs the URL of the last web page you visited before and/or after visiting the Site and may use that information to gather more data about you.
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.
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.
The court of law governing the terms is in a jurisdiction that is less friendly to user privacy protection (Seychelles, Africa)
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.
Your data is processed and stored in a country that is less friendly to user privacy protection (U.S.A.)
This case means that user data is not anywhere in the world, but somewhere where it is more likely to be obtained and used by government and/or possible data analysts.
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 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.
A secure, anonymized record of your data may be kept for analytical purposes after the data retention period ends
The data retention period states how long a service keeps user data. In this case, the service may anonymize the personal data after its retention period is over and use it for analytical or research purposes.
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 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.
Any liability on behalf of the service is only limited to $1 USD
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).
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 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.
This service claims User-generated content is encrypted, and they can not decrypt it
The service claims that user-generated content is end-to-end encrypted, meaning only intended recipients can access or decrypt it. As a result, no unauthorized parties, including the service itself, can view the content.
This does not necessarily cover meta data, such as the date of creation or sender and recipient information.
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.
Archives of their agreements are provided so that changes can be viewed over time
This case applies to Services whose agreements provide previous versions, so that users can compare them and understand how the Service seems to evolve regarding user rights.
You will be notified about website maintenance
Users will be notified before their experience is impacted due to website maintenance.
Your feedback is invited regarding changes to the terms
The Service takes user suggestions into account to update its Terms.
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.
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.
The service claims to be GDPR compliant for European users
The service has a different behavior towards users protected by the GDPR.
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.
Information is provided about security practices
It's important to know what security measures are taken to protect your data from unauthorized access. This case applies to the Agreements that precisely explain their security practices.
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.
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.
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.
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.
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 does not condone any ideas contained in its user-generated contents
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.
Defend, indemnify, hold harmless; survives termination
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.
This service is only available to users over 13 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 informs you that its Privacy Policy does not apply to third-party services
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.
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.
First-party cookies are used
First-party cookies only belong to the domain of the service and not a third party.
Your personal data may be aggregated into statistics
Your personal data may be used for statistics, usually in a de-identified/aggregated form (i.e. not directly linked to a unique identity) to analyse trends, for research and/or for analytics.
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.
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 7th Sense Media (Sense Media Ltd.)
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.
Your IP address is collected, which can be used to view your approximate location
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
The court of law governing the terms is in Seychelles, Africa
The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").