You must provide your identifiable information
Explanation: The Service requires users to provide their identifiable information, including phone number, iD number or other information, even though this data collection isn’t essential for the purposes of the service. They may still allow pseudonyms in the foreground.
Your account can be deleted or permanently suspended without prior notice and without a reason
Explanation: At any time, your account can be terminated without explanation and without warning by the service.
Your personal data may be sold or otherwise transferred as part of a bankruptcy proceeding or other type of financial transaction
Explanation: If the service gets acquired or is involved in a merger, bankruptcy, reorganisation or sale, your personal data may be transferred or sold.
Instead of asking directly, this Service will assume your consent to changes of terms merely from your usage
Explanation: 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.
The court of law governing the terms is in a jurisdiction that is less friendly to user privacy protection
Explanation: 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 content can be licensed to third parties
Explanation: 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 waive your right to a class action
Explanation: 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 personal data may be used for marketing purposes
Explanation: The service may use your personal data for marketing, such as sending you personalised offerings.
Your personal data may be used for marketing purposes
Explanation: 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
Explanation: Users agree to use the service and its software as provided and accept that any errors within that software may not be corrected.
You are forced into binding arbitration in case of disputes
Explanation: This service forces users to use their own contracted arbitrator and forces users to waive their rights to jury trial.
You have a reduced time period to take legal action against the service
Explanation: 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.
Per the service's terms, you may not express negative opinions about them
Explanation: 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.
Your personal data is used to employ targeted third-party advertising
Explanation: 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.
This service gives your personal data to third parties involved in its operation
Explanation: 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.
Your provided identifiable information is actively checked by the service
Explanation: 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.
This service assumes no liability for unauthorized access to your personal information
This service assumes no liability for unauthorized access to your personal information
Your data may be processed and stored anywhere in the world
Explanation: 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
Explanation: The service's terms explain they may change or remove usernames at their sole discretion, and they may do so without prior notice.
Any liability on behalf of the service is only limited to the fees you paid as a user
Tracking pixels are used in service-to-user communication
Explanation: 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.
If you offer suggestions to the service, they may use that without your approval or compensation, but they do not become the owner
Explanation: The service may employ a broad copyright license over feedback, proposals, ideas and suggestions submitted, including the right to use them without restriction, compensation or obligation to the user, but they do not claim ownership on them.
User accounts can be terminated after having been in breach of the Terms of Service repeatedly
Explanation: User accounts can be terminated for having been in breach of the terms of service repeatedly, meaning they cannot be terminated without a reason, but only for a limited number of reasons. Additionally, user accounts will not be deleted after a first infringement.
You are entitled to a refund if certain thresholds or standards are not met by the service
You are warned of the potential consequences related to third-party access
Explanation: This is different from disclaiming liability for external links, which is handled by the "This service assumes no responsibility and liability for the contents of links to other websites" case.
The service has non-exclusive use of your content
Explanation: The service can pay for your content and you are allowed to make it commercially available to other services/parties.
You can opt out of promotional communications
Explanation: You can update your account preferences and/or easily unsubscribe of email/sms lists to stop receiving promotional communications.
The service assumes no liability for any damages the user incurs
Explanation: 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.
You are responsible for any risks, damages, or losses that may incur by downloading materials
Explanation: Users are responsible for any harm to their computer system or loss of data they may incur through the download of materials from the service.
This service assumes no responsibility and liability for the contents of links to other websites
Explanation: The service rejects any responsibility for the contents of other websites to which it links.
You authorise the service to charge a credit card supplied on re-occurring basis
Explanation: You card will be billed on recurring basis unless cancelled. For instance, monthly or annual subscriptions.
There is a date of the last update of the agreements
Explanation: 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
Explanation: 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 has a no refund policy with some exceptions
Explanation: Payments can be refunded if some requirements are fulfilled.
Defend, indemnify, hold harmless; survives termination
The service provider makes no warranty regarding uninterrupted, timely, secure or error-free service
Explanation: 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
Explanation: Users can't use the Service for commercial purposes (unless the Service consents): it is only for personal, individual purposes.
You must create an account to use this service
Explanation: You must provide the service with your information in order to use it
Spidering, crawling, or accessing the site through any automated means is not allowed
You agree not to submit libelous, harassing or threatening content
Explanation: 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
Explanation: 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.
Banned users are prohibited from creating a new account
Explanation: Once users have been permanently banned from this service, they are not allowed to create a new account to keep using the service.
If you are the target of a copyright claim, your content may be removed
Explanation: The content you have published on the service may be removed if it infringes copyright.
This service is only available to users over a certain age
Explanation: 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
Explanation: Users are not allowed to post any content of pornographic nature. This includes adult content, things that are sexually explicit, or obscene.
The service does not guarantee accuracy or reliability of the information provided
Explanation: 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 services
Explanation: 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.
This service informs you that its Privacy Policy does not apply to third-party services
Explanation: 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 cannot distribute or disclose your account to third parties
Explanation: In this context third-parties refers to anyone including friends, family, or company
You are responsible for maintaining the security of your account and for the activities on your account
Explanation: 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.
Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder
Explanation: 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
Explanation: 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 agree not to use the service for illegal purposes
Explanation: The user agrees not to commit any unlawful acts through the use of the website, including the posting of illegal content or messaging.
Minors must have the authorization of their legal guardians to use the service
Explanation: 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
Your IP address is collected, which can be used to view your approximate location
Other applicable rules, terms, conditions or guidelines
Explanation: 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)
The service is not responsible for linked or (clearly) quoted content from third-party content providers
Explanation: Weight used to be 50.
The terms may be changed at any time, but you will receive notification of the changes
Explanation: 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 location X
Explanation: The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").
The terms for this service are translated into different languages
Explanation: Although there's generally a unique binding language for the terms, they are translated to allow all users to understand the agreement they're accepting, no matter their native language.
Explanation: The Service requires users to provide their identifiable information, including phone number, iD number or other information, even though this data collection isn’t essential for the purposes of the service. They may still allow pseudonyms in the foreground.