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.
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.
This service holds onto content that you've deleted
Explanation: Content may remain in backup servers and be retained after deletion, and thus never be completely deleted. This case doesn't apply to contributions that can't be removed due to the nature of the 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.
The service can delete your account 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 unless you opt out
Explanation: There is a form to opt-out (typically California's CCPA) of the selling of your personal data. This is a bad a point because there are many services that don't have this form due to not selling your data in the first place.
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.
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.
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.
Extra data may be collected about you through promotions
Explanation: Additional personal data may be collected through contests, surveys, promotions, petitions or sweepstakes.
You have a reduced time period to take legal action against the service (2 years)
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.
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 (Massachusetts, U.S.A.)
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.
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.
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.
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.
Any liability on behalf of the service is only limited to the fees you paid as a user or USD $100
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.
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.
Archives of their agreements are provided so that changes can be viewed over time
Explanation: This case applies to Services whose agreements provide previous versions, so that users can compare them and understand how the Service seems to evolve regarding user rights.
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.
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.
The service claims to be LGPD compliant for Brazilian users
Explanation: The service has a different behavior towards users protected by the Lei Geral de Proteção de Dados Pessoais.
The service claims to be GDPR compliant for European users
Explanation: The service has a different behavior towards users protected by the GDPR.
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.
You should revisit the terms periodically, although in case of material changes, the service will notify
Explanation: The service may update the Terms without notice, but if they significantly change the agreements in a manner that importantly and/or negatively affects the way the service is used, users will be notified.
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
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 does not condone any ideas contained in its user-generated contents
You are prohibited from posting content which promotes violence or politically or religiously extremist values
Explanation: Users are not allowed to post extremist political or religious content. They are also not allowed to post content that glorifies violence.
The service is provided 'as is' and to be used at the users' 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.
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 can suspend your account for several reasons
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 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.
First-party cookies are used
Explanation: First-party cookies only belong to the domain of the service and not a third party.
Third parties are involved in operating the service
Your IP address is collected, which can be used to view your approximate location
The court of law governing the terms is in Massachusetts, 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").
Explanation: This service can edit any content on the service for whatever the reason and at their sole discretion.