Terms of Service; Didn’t Read
Website:
tosdr.org
Job details:
- Private messages can be read
The Service is able to access, scan, review or read all user communications, including private messages, which may contain personal or sensitive data.
- You sign away moral rights
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
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.
- Your personal data is used for automated decision-making, profiling or AI training
Personal data or content you share with the service may be processed to make decisions by automated means without human involvement. This includes profiling, which is any form of automated processing of your information to analyse or predict things like your economic situation, health, personal preferences or interests; as well as Artificial Intelligence training.
- This service may collect, use, and share location data
Location-based information is collected and may be used and/or shared with third parties for purposes not directly related to the services provided (i.e. the Service doesn't rely on the use or share of location data to function properly).
- Tracking via third-party cookies for other purposes without your consent.
The service's website sets third-party cookies (cookies that do not belong to their domain) for purposes not including statistics and analytics.
- This service shares your personal data with third parties that are not essential to its operation
Your personal data is or may be given to third parties nonessential to the service’s operation. This could be a business partner that receives your data to provide targeted advertisements.
- Some personal data may be kept for business interests or legal obligations
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...)
- This service tracks you on other websites
The service may use tracking technologies in third-party websites to track your online activity while you aren't visiting their Site.
- Your account can be deleted or permanently suspended without prior notice and without a reason
At any time, your account can be terminated without explanation and without warning by the service.
- This service keeps a license on user-generated content even after users close their accounts.
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.
- Instead of asking directly, this Service will assume your consent to changes of terms merely from your usage
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
The service logs the URL of the last web page you visited before and/or after visiting the Site and may use that information to gather more data about you.
- Information is gathered about you through third parties
This Service may employ, either identifiable or non-identifiable, data collection from third party sources about you.
- Your personal data may be used for marketing purposes
The service may use your personal data for marketing, such as sending you personalised offerings.
- Extra data may be collected about you through promotions
Additional personal data may be collected through contests, surveys, promotions, petitions or sweepstakes.
- This service can license user content to third parties
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 content can be licensed to third parties
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 profile is combined across various products
When using multiple services from one same company, they can combine these (unrelated) information sources about you to build up a single richer user profile about you.
- The service may keep a secure, anonymized record of your data for analytical purposes even after the data retention period
The data retention period states how long a service keeps user data. In this case, the service may anonymize the personal data after its retention period is over and use it for analytical or research purposes.
- Your personal data is used to employ targeted third-party advertising
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.
The service may impose limits or restrictions to the use of the service, thus negatively impacting users experience. They may do so without reason or prior notice.
- This service assumes no liability for unauthorized access to your personal information
- Your data may be processed and stored anywhere in the world
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
For instance, Google Analytics, rather than self-hosted (first-party) statistics software.
- Any liability on behalf of the service is only limited to the fees you paid as a user
Even if the service, for some reason, were to be liable to you, then compensation is limited up to whatever you had paid beforehand (and even if you hadn’t paid any amount to the service, you’re agreeing to compensation by a maximum imposed by the service).
This service can be used without providing a user profile.
- The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection
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 maintain ownership of your data
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.
- If you offer suggestions to the service, they may use that without your approval or compensation, but they do not become the owner
The service may employ a broad copyright license over feedback, proposals, ideas and suggestions submitted, but they do not claim ownership on them. This means that such license does not include the right to use such contributions without restriction, compensation or obligation to the User.
- The service promises to inform and/or notify users regarding government inquiries that may involve users' personal data
In case the Government governing the Terms requests personal data of a user of this service, they will make reasonable efforts to inform/notify the user (e.g. warrant canary).
- You can scrape the site, as long as it doesn't impact the server too much
Automated web scraping is a method of extracting information from a website. The service authorises scraping if it doesn't impact its server(s) too much.
- You can limit how your information is used by third-parties and the service
Usually it's related to the right to object to data processing or restrict it under the GDPR. Users may be able to refuse the use of their data for marketing purposes for instance.
- The service's data retention period is kept to the minimum necessary for fulfilling its purposes
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
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 can request access, correction and/or deletion of your data
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.
- An onion site accessible over Tor is provided
Tor is a software for anonymous communication that directs Internet traffic through an overlay network. Onion sites are only available through Tor browser and provide additional security and anonymity to users.
- You can retrieve an archive of your data
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
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.
- Information is provided about how your personal data is used
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 information they collect
The Privacy Policy describes in detail the data collected through the website and through the services provided.
- The service reviews its privacy policy on a regular basis
Users know the date the privacy policy was last updated and can thus infer the next time it will be reviewed. This gives users more certainty about how long they can trust the current policy to apply.
- You can opt out of targeted advertising
The service employs your data to target ads to you, but you can opt-out of this interest-based advertising.
- Your personal data is not sold
This service makes the claim that your personal data is not being sold, rented or traded with third parties. This, however, may not always be an accurate statement as it may be, more often than not, based entirely on a very loose legal definition on “selling”, whereas other jurisdictions may actually constitute their sharing of your personal data as “selling”.
- Two factor authentication is provided for your account
The service provides means of further securing your account with two factor authentification, thus greatly improving account security.
- Third parties used by the service are bound by confidentiality obligations
The Third Parties accessing your personal information must keep it confidential and only use it for limited purposes.
- The service claims to be CCPA compliant for California users
The service has a different behavior towards users protected by the California Consumer Privacy Act.
- The service claims to be GDPR compliant for European users
The service has a different behavior towards users protected by the GDPR.
- If you are the target of a copyright holder's take down notice, this service gives you the opportunity to defend yourself
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.
- You have the right to leave this service at any time
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.
- The terms for this service are easy to read
The Agreements are well-organised, define legal terms (where applicable), aren't needlessly long and may be pleasant to read.
- You have the right to leave this service at any time
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.
- Information is provided about security practices
It's important to know what security measures are taken to protect your data from unauthorized access. This case applies to the Agreements that precisely explain their security practices.
- You can opt out of promotional communications
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
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 can distribute your content through any media known now or in the future
- The service suspends your account after inactivity for a certain or uncertain time
- This service employs a broad copyright license over user content including the right to distribute through any media
- There is a date of the last update of the agreements
The given text has a date that allows to know when it was last updated.
- You should revisit the terms periodically, although in case of material changes, the service will notify
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.
- The service assumes no liability for any damages the user incurs
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.
- Blocking first party cookies may limit your ability to use the service
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.
- They may stop providing the service at any time
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.
- Defend, indemnify, hold harmless; survives termination
- This service does not condone any ideas contained in its user-generated contents
- This service gives your personal data to third parties involved in its operation
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.
- The service provider makes no warranty regarding uninterrupted, timely, secure or error-free service
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
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.
- Users who have been permanently banned from this service are not allowed to re-register under a new account
Once users have been permanently banned from this service, they are not allowed to create a new account to keep using the service.
- You are prohibited from attempting to gain unauthorized access to other computer systems
The service does not allow any attempts at hacking or otherwise gaining unauthorized access to other users' computers.
- This service is only available to users over a certain age
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.
- This service is only available to users over a certain age
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.
- If you are the target of a copyright claim, your content may be removed
The content you have published on the service may be removed if it infringes copyright. Also your account can be deleted in the process aswell.
- If you are the target of a copyright claim, your content may be removed
The content you have published on the service may be removed if it infringes copyright. Also your account can be deleted in the process aswell.
- The service does not guarantee accuracy or reliability of the information provided
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.
- This service informs you that its Terms of Service does not apply to third party websites
The service states that whenever it links to third party websites or applications, its Terms of Service does not apply. Those third party websites or applications hosted or operated by other organizations may have their Terms of Service.
- Instructions are provided on how to submit a copyright claim
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
In this context third-parties refers to anyone including friends, family, or company
- Your personal data is aggregated into statistics
Your personal data may be used for statistics, usually in a de-identified/aggregated form (i.e. not directly linked to a unique identity) to analyse trends, for research and/or for analytics.
- The service does not guarantee accuracy or reliability of the information provided
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
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 requires first-party cookies
First-party cookies only belong to the domain of the service and not a third party.
- Users agree not to use the service for illegal purposes
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 informs you that its privacy policy does not apply to third party websites
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 must report to the service any unauthorized use of your account or any breach of security
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
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.
- Minors must have the authorization of their legal guardians to use the service
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.
- Do Not Track (DNT) headers are ignored and you are tracked anyway even if you set this header.
Even though the Do Not Track (DNT) header was not implemented perfectly, services should not track users whose browsers send a DNT header.
- The service is not responsible for linked or (clearly) quoted content from third-party content providers
Weight used to be 50.
- The court of law governing the terms is in location X
The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").
- This service does not guarantee that it or the products obtained through it meet your expectations or requirements
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.
- The service is not responsible for linked or (clearly) quoted content from third-party content providers
Weight used to be 50.
- Third parties are involved in operating the service
- Your IP address is collected, which can be used to view your approximate location
- Other applicable rules, terms, conditions or guidelines
Use of the service is subject also to an exhaustive list of other documents containing rules, guidelines, terms or policies (in addition to the obvious Terms of Service/Terms of Use and Privacy Policy/Data Use Policy)
- Users agree to comply with the law of the service's country
By using the service, you agree to comply with the applicable laws of the service's jurisdiction, regardless of your location.
- The terms for this service are translated into different languages
Although there's generally a unique binding language for the terms, they are translated to allow all users to understand the agreement they're accepting, no matter their native language.
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