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 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 disclosed to comply with government requests without notice to you
Explanation: 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.
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.
Many third parties are involved in operating the service
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 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.
The court of law governing the terms is in a jurisdiction that is less friendly to user privacy protection (Serbia)
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.
This service assumes no liability for unauthorized access to your personal information
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.
You shall not interfere with another person's enjoyment of the service
Explanation: 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.
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.
Third-party cookies are used for statistics
Explanation: For instance, Google Analytics, rather than self-hosted (first-party) statistics software.
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 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.
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.
A complaint mechanism is provided for the handling of personal data
Explanation: 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.
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.
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.
Third parties used by the service are bound by confidentiality obligations
Explanation: The Third Parties accessing your personal information must keep it confidential and only use it for limited purposes.
The publishing of personally identifiable information without the owner’s consent is not allowed
Explanation: Users agree not to publicly post personally identifiable information (name, postal address, contact information…) without the owner’s knowledge or consent
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.
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.
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 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.
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.
You are prohibited from sending chain letters, junk mail, spam or any unsolicited messages
Explanation: 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 must create an account to use this service
Explanation: You must provide the service with your information in order to use it
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.
No guarantee is given regarding quality
Explanation: The Service doesn't warrant or guarantee the quality of the products or services provided.
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.
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.
Instructions are provided on how to submit a copyright claim
Explanation: 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.
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 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.
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 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.
First-party cookies are used
Explanation: First-party cookies only belong to the domain of the service and not a third party.
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.
The service is not responsible for linked or (clearly) quoted content from third-party content providers
Explanation: Weight used to be 50.
This service does not guarantee that it or the products obtained through it meet your expectations or requirements
Explanation: This service provider informs its users that the services, information, products, or other materials provided on its website may not meet the users' expectations or requirements.
Third parties are involved in operating the service
The court of law governing the terms is in Serbia
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 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.