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.
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.
Logs are kept for an undefined period of time
Logs are text files containing some information about web visitors, such as user agents (showing for instance that you're connecting from Firefox for Android) and ip addresses (which reveal your approximate location). This case applies to Services that may keep logs indefinitely, allowing user sessions to be tracked over time. Logs that are kept for a time "consistent with applicable law" also fall under this case, since this period of time may be murky or undefined.
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 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.
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.
The court of law governing the terms is in a jurisdiction that is less friendly to user privacy protection (Hong Kong, PRC)
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.
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.
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 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 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 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.
Per the service's terms, you may not express negative opinions about them
Criticising, questioning, making objections or complaints about the Service, its staff or anything related to it is prohibited and constitutes a breach of the Terms.
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.
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.
You can limit how your information is used by third parties and the service
Usually it's related to the right to object to data processing or restrict it under the GDPR. Users may be able to refuse the use of their data for marketing purposes for instance.
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
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 claims to be CCPA compliant for California users
The service has a different behavior towards users protected by the California Consumer Privacy Act.
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.
The service claims to be GDPR compliant for European users
The service has a different behavior towards users protected by the GDPR.
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.
You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service
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.
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.
Blocking first-party cookies may limit your ability to use the service
Most browsers allow users to set preferences related to cookies storage. You may choose to block all cookies (including first-party cookies), but it may impact your use of this service and you may not be able to access some or any of the features provided.
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 does not condone any ideas contained in its user-generated contents
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.
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.
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 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.
You are prohibited from posting content which promotes violence or politically or religiously extremist values
Users are not allowed to post extremist political or religious content. They are also not allowed to post content that glorifies violence.
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.
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. Also your account can be deleted in the process aswell.
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.
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.
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.
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.
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.
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.
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.
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 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
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 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.
Your IP address is collected, which can be used to view your approximate location
The court of law governing the terms is in Hong Kong, PRC
The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").