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.
The cookies used by this service contain information that would personally identify you
The cookies used by this service collect data that contains personal information, and can be used by other services to identify you.
Prices and fees may be changed at any time, without notice to you
The service reserves the right to change or modify its pricing and fees at any time, and such changes are effective immediately without need for further notice to the user.
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.
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 personal data may be sold unless you opt out
There is a form to opt-out (typically California's CCPA) of the selling of your personal data. This is a bad a point because there are many services that don't have this form due to not selling your data in the first place.
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 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 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.
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 have a reduced time period to take legal action against the service (1 year)
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.
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.
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.
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 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.
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.
The service may keep a secure, anonymized record of your data for analytical purposes even after the data retention period
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 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.
Any liability on behalf of the service is only limited to the fees you paid as a user in the last 6 months or US $100
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).
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.
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.
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.
The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection (State of 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 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.
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.
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.
Contact information from a Data Protection Officer (DPO) is provided
The service provides the contact information of a Data Protection Officer (DPO) to handle privacy requests and/or complaints.
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 what kind of personal information is collected
The Privacy Policy describes in detail the data collected through the website and through the services provided.
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 CCPA compliant for California users
The service has a different behavior towards users protected by the California Consumer Privacy Act.
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.
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 are prohibited from publishing any third party’s personally identifiable information without their consent
Users agree not to publicly post personally identifiable information (name, postal address, contact information…) without the owner’s knowledge or consent
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 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.
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 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.
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.
Political discussions or campaining are prohibited
Political content in the form or pictures, discussions, or campaigning isn't allowed.
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.
Alternative accounts are not allowed
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.
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 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 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 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.
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.
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.
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.
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.
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.
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.
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.
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 Stillfront Group AB
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.
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 cannot distribute or disclose your account to third parties
In this context third-parties refers to anyone including friends, family, or company
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.
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").
Your IP address is collected, which can be used to view your approximate location
Third parties are involved in operating the service
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.