Private messages can be read
Explanation: The Service is able to access, scan, review or read all user communications, including private messages, which may contain personal or sensitive data.
Some personal data may be kept for business interests or legal obligations
Explanation: 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...)
You are tracked via web beacons, tracking pixels, browser fingerprinting, and/or device fingerprinting
Explanation: 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.
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.
This service tracks which web page referred you to it
Explanation: The service logs the URL of the last web page you visited before visiting the Site and may use that information to gather more data about you.
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.
Information is gathered about you through third parties
Explanation: This Service may employ, either identifiable or non-identifiable, data collection from third party sources about you.
If you offer suggestions to the service, they become the owner of the ideas that you give them
Explanation: The service can claim ownership on feedback, proposals, ideas and suggestions submitted by the users, who may waive their "moral rights" on that feedback.
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 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.
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.
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.
This service receives your precise location through GPS coordinates
Explanation: Unless the service relies on Geo Location, this case is to be assigned to points that don't need your GPS coordinates to function properly.
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 biometric data is collected
Explanation: This service can collect or use your biometric data. This includes but is not limited to facial recognition, fingerprints, and iris scans. Although this feature can sometimes be convenient to the user, providing this type of information to the service could open your personal data to being sold or stolen.
Third-party cookies are used for statistics
Explanation: For instance, Google Analytics, rather than self-hosted (first-party) statistics software.
The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection (California, U.S.A.)
Explanation: 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 data retention period is kept to the minimum necessary for fulfilling its purposes
Explanation: 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 maintain ownership of your content
Explanation: 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 are informed about the risk of publishing personal info online
Information is provided about how your personal data is used
Explanation: 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
Explanation: The Privacy Policy describes in detail the data collected through the website and through the services provided.
The service will only respond to government requests that are reasonable
Explanation: The Agreement explains they will disclose personal data about you if it is reasonably necessary to comply with applicable law and government requests.
You can opt out of targeted advertising
Explanation: The service employs your data to target ads to you, but you can opt-out of this interest-based advertising.
The service claims to be CCPA compliant for California users
Explanation: The service has a different behavior towards users protected by the California Consumer Privacy Act.
You have the right to leave this service at any time
Explanation: 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.
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 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 agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service
The service has a no refund policy
Explanation: Payments are final and can't be refunded unless required by law.
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.
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.
Your content can be deleted if you violate the terms
Explanation: Content infringing the Terms of Service (or the Acceptable Use Policy or equivalent) may be removed, with or without notice.
Defend, indemnify, hold harmless; survives termination
This service does not condone any ideas contained in its user-generated contents
Alternative accounts are not allowed
Explanation: 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.
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.
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.
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 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.
This service is only available to users over 18 years old
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.
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.
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.
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.
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.
You must report to the service any unauthorized use of your account or any breach of security
Explanation: 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
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.
You can’t close your account if an investigation is ongoing
Explanation: If an investigation is currently ongoing, you’re not allowed to close your account until it’s done or in an attempt to avoid investigation.
Your personal data is aggregated into statistics
Explanation: Your personal data is used for statistics in a de-identified/aggregated form (i.e. not directly linked to a unique identity) to analyse trends, for research and for analytics.
You cannot distribute or disclose your account to third parties
Explanation: In this context third-parties refers to anyone including friends, family, or company
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.
The court of law governing the terms is in California, U.S.A.
Explanation: 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
Explanation: The Service is able to access, scan, review or read all user communications, including private messages, which may contain personal or sensitive data.