Content you post may be edited by the service for any reason
Explanation: This service can edit any content on the service for whatever the reason and at their sole discretion.
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.
You waive your moral rights
Explanation: 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.
Specific content can be deleted without reason and may be removed without prior notice
Explanation: This service can delete specific content. Usually they will claim they reserve the right to do it at their sole discretion, which is legalese for saying they won't give a specific reason. If the terms say they will not notify you, it shall be included in the quote but if it does not explicitly say they will give you a notice, it can be reasonably inferred that they can do it without telling you.
Prices and fees may be changed at any time, without notice to you
Explanation: 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.
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...)
Third-party cookies are used for advertising
Explanation: The service's website sets third-party cookies (cookies that do not belong to their domain) for purposes not including statistics and analytics.
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.
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 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.
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.
Extra data may be collected about you through promotions
Explanation: Additional personal data may be collected through contests, surveys, promotions, petitions or sweepstakes.
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.
A license is kept on user-generated content even after you close your account
Explanation: 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.
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.
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.
You have a reduced time period to take legal action against the service (1 year)
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.
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.
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.
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.
Third-party cookies are used for statistics
Explanation: For instance, Google Analytics, rather than self-hosted (first-party) statistics software.
Personal information that is shared outside its jurisdiction is processed according to the original jurisdiction’s data protection standards
Explanation: The service has arrangements in place to ensure that users' personal information, if shared with an entity outside of the service's jurisdiction, is processed to the same standards that apply to the processing of personal data in the service's jurisdiction.
You can request access, correction and/or deletion of your data
Explanation: 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.
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.
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.
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.
If you are the target of a copyright holder's take down notice, this service gives you the opportunity to defend yourself
Explanation: 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.
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 service claims to be GDPR compliant for European users
Explanation: The service has a different behavior towards users protected by the GDPR.
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.
A free help desk is provided
Explanation: The service can be easily contacted for questions or provides a support center at no extra cost.
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.
Your content can be distributed through any media known now or in the future
Blocking first-party cookies may limit your ability to use the service
Explanation: 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.
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.
The service can stop being provided at any time
Explanation: They may discontinue the services without prior notice, at any time, for any or no reason. They usually assume no liability for losses and damages resulting from this suspension.
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.
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 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.
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.
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.
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.
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.
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.
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 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.
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 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.
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.
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.
You cannot distribute or disclose your account to third parties
Explanation: In this context third-parties refers to anyone including friends, family, or company
First-party cookies are used
Explanation: First-party cookies only belong to the domain of the service and not a third party.
The court of law governing the terms is in Delaware, 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
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 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 service is not responsible for linked or (clearly) quoted content from third-party content providers
Explanation: Weight used to be 50.
Explanation: This service can edit any content on the service for whatever the reason and at their sole discretion.