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.
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.
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.
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 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.
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.
Any liability on behalf of the service is only limited to the fees you paid as a user or U.S. $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.
You maintain ownership of your content
This service does not claim ownership over user-generated content or materials, and the user doesn't need to waive any moral rights by posting owned content.
You aren’t allowed to publicly post private messages
The service does not allow users to publicly post private messages they have received from other users.
The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection (Federal Republic of Germany)
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.
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.
When the service wants to make a material change to its terms, you are notified at least 30 days in advance
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 at least 30 days in advance.
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.
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.
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.
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.
This service provides a list of third parties involved in its operation
The service provides a list detailing the third parties involved, their roles, and may even provide more information.
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 terms for this service are easy to read
The Agreements are well-organised, define legal terms (where applicable), aren't needlessly long and may be pleasant to read.
You can opt out of receiving 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.
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
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”.
The service suspends your account after 1 year of inactivity
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 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.
This service does not condone any ideas contained in its user-generated contents
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 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 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.
Banned users are prohibited from creating a new account
Once users have been permanently banned from this service, they are not allowed to create a new account to keep using the service.
Spidering, crawling, or accessing the site through any automated means is not allowed
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.
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.
You cannot distribute or disclose your account to third parties
In this context third-parties refers to anyone including friends, family, or company
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.
You are not allowed to use pseudonyms, as trust and transparency between users regarding their identities is relevant to the service
You must provide your legal name and pseudonyms aren't allowed, but it makes sense for the purposes of this 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 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 Federal Republic of Germany
The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").
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