TOSfairness - www.tosfairness.org


Contract Title TOSfairness
Contract Website www.tosfairness.org
Contract Application TOSfairness website
Contract Type website
Contract Date 04/28/2018
TOS Website tosfairness.org/terms
Total Rating 94.44

Total Page Count 4

Terms & Privacy Together: 3 pages. The TOS and privacy policy are together in one document, which helps with clarity.


The Right to Privacy 4 out of 5

GOOD ASPECTS: Does not disclose to law enforcement any private user data without a subpoena, or if it does happen, you will be told what information was disclosed and to whom. No private information is ever sold or rented, ever. Your private data does not end up in the hands of non-relevant people. They really takes pains to ensure you do not get locked out of your account, and unlike most privacy policies, explains why a cell phone number is a bad security device: we often change our numbers and forget to update the thousands of websites on which that cell phone number is being used as the primary way of identifying you.

BAD ASPECTS: They have a low-tech way of handling security questions, but it should work sufficiently until they code a more permanent solution.


The Right to Equal, Fair, & Reasonable Expression 5 out of 5

GOOD ASPECTS: Your free speech rights are virtually identical to those you have in real life. You cannot be censored, blocked, or lose account access simply based on mere disagreement. Companies are given some fair rights as well.

BAD ASPECTS: None


The Right to Control My Intellectual Property 4 out of 5

GOOD ASPECTS: Very clear copyright policy. You keep all rights to what you post, your content is only used in a very limited non-exclusive manner for use on the site (and for reasonable third party reasons: reporters; researchers; etc), and you can remove your content at any time by emailing the company.

BAD ASPECTS: Users should be able to edit and/or remove their reviews by themselves, without contacting TOSfairness.


The Right to Sue 5 out of 5

NY Law is used. Venue is Westchester County, New York.

GOOD ASPECTS: You can sue. You can sue from your home city. There is no limit on your recovery. There is a required good faith negotiation period prior to filing any lawsuits.

BAD ASPECTS: If you sue from your home city, you are responsible for paying reasonable travel, lodging, and legal costs. However, because this company makes less than $250,000/year in gross income, this is reasonable.


The Right to Low-Cost Arbitration 5 out of 5

GOOD ASPECTS: You can arbitrate. You can file arbitration in your home city. There is no restriction on your potential recovery. There is a required pre-arbitration negotiation period, which is good. You may use any arbitration organization you choose.

BAD ASPECTS: Until the company makes $250,000/year or more, you would have to pay for any flight costs, hotel fees, and additional legal fees for appearance in an arbitration hall outside of New York State, Westchester County. However, this is reasonable according to the TOSfairness bill of rights.


The Right to Join a Class Action 5 out of 5

No waiver.


The Right to No Hidden Terms or Fees 4 out of 5

GOOD ASPECTS: No hyperlinks to additional terms within the TOS. Extremely short. Clear bulleted lists. Good use of bold face headings. No extraneous legalese. No hidden fees. No hidden terms.

BAD ASPECTS: Some of the main bullet points should be listed on the main website, to make it clear what the main deal points are.


The Right to Fair Process & To Be Heard 4 out of 5

GOOD ASPECTS: The company may not kick you off simply by citing a TOS violation. You have due process. There is a warning period and an opportunity to correct yourself. You have a defense period. There is a fair and impartial decision making process for TOS violations. Bot and/or other users may not greatly influence whether a TOS violation is established.

BAD ASPECTS: This could be more clearly stated on the main website.


The Right to Appeal & The Right to Return 4 out of 5

GOOD ASPECTS: There is a solid appeal process. During the appeal process, it can be made clear to others that you are appealing a decision. There is a second chance / right to return policy in place.

BAD ASPECTS: These main points should be on the main website.


The Right to Reasonable Terms 5 out of 5

GOOD ASPECTS: Overall, these terms are very fair and do not take many rights away from you. You are afforded fair process, a right to be heard, and a right to appeal any decisions made. Overall, this terms of service is a good model for other companies to follow.

BAD ASPECTS: Nothing major. Just minor corrections that will make it more clear on the main website what the main bullet points of the agreement are.


Historical Fairness 9.44 out of 10
Historical User Ratings 10.0 out of 10
Historical Lack of Lawsuits or Arbitrations 10.0 out of 10
Public Placement of TOS Fairness Score & Link 20.0 out of 20
Total Rating 94.44 out of 100
Additional Note

Email: info@breakdiving.org Very good that it's at the top of the agreement. Great that the TOS and privacy are the same document. Earlier versions are easily visible and clickable on same page. Easy to read bullet point format with no unnecessary legalese. Displays its TOSfairness rating and provides a link on homepage, on sign-up form, and on sign-in form.

Ways to improve

1. Create bullet points on the main website that list the main points of the agreement.
2. Allow users to edit and/or delete their own comments.
3. Make a more high-tech version of your security questions and account recovery.
4. Make the account recovery questions mandatory.
5. When you start making enough gross income, allow users to sue/arbitrate worldwide without having to pay your travel/legal fees.
6. Update the main website with bullet points about the fair process, right to be heard, right to return, etc. Users should be able to see this up front.
7. Make it clear that admin users (reviewers) are subject to a different TOS than regular users. This isn't a big deal because all admin users must go through an application process and there is a separate contract that is signed, but as a courtesy, this would be helpful for prospective volunteers.

Review Status Completed

First Name Rating Comment

Reviewed by the following attorneys and/or law students:


The reviews on this website are merely a public service. No reviews on this website are to be considered legal advice. Each review is merely one potential analysis. Check that the date of the agreement on a company's website matches the date of the version that we have reviewed. Remember that each 'Click to Agree' agreement is (in most jurisdictions) deemed to be a binding contract between you and the company. Therefore, before making any final decision on whether to sign any online agreement, if you are uncertain, please be sure to read the contract in full, and if you are still confused, consult a licensed attorney in your country or state. Use of this website does not in any way create any lawyer-client relationship anywhere in the world. Click here to read our full terms of service and privacy policy.


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