Service fines users for Terms of Service violations
Explanation: Service fines users for violating provisions in the Terms of Service
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.
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.
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 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 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 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 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.
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.
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.
Any liability on behalf of the service is only limited to the fees you paid as a user
Third-party cookies are used for statistics
Explanation: For instance, Google Analytics, rather than self-hosted (first-party) statistics software.
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.
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.
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.
You can retrieve an archive of your data
Explanation: 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.
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.
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 GDPR compliant for European users
Explanation: The service has a different behavior towards users protected by the GDPR.
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.
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.
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.
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.
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.
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.
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.
Spidering, crawling, or accessing the site through any automated means is not allowed
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.
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.
First-party cookies are used
Explanation: First-party cookies only belong to the domain of the service and not a third party.
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.
This service cannot be held responsible for disputes that you may have with other users
Explanation: You are responsible for the interactions and the disputes that may occur with other users of the Service. In the event of a dispute, you release the Service from all claims resulting from it.
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").
Do Not Track (DNT) headers are ignored and you are tracked anyway even if you set this header
Explanation: Even though the Do Not Track (DNT) header was not implemented perfectly, services should not track users whose browsers send a DNT header.
Your IP address is collected, which can be used to view your approximate location
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.
Explanation: Service fines users for violating provisions in the Terms of Service