What Discogs's terms say
Discogs's terms of service and privacy policy have 30 rated points: 1 serious, 5 bad, 23 worth knowing and 1 good. 19 apply whenever you use the site, signed in or not; 11 only once you have an account.
Whenever you use Discogs
Bad 3
You shall not interfere with another person's enjoyment of the service
Discogs users shall not interfere with another person's enjoyment of the service
Discogs' ToS state: "You shall not interfere with another person’s use and enjoyment of the Service or another entity's use and enjoyment of similar services." This statement is kept very vague and could potentially be used as grounds for censorship or account deletion.
Where it says this ↗No guarantee is made regarding the correction of software errors
Discogs does not guarantee that any software errors will be corrected
(b) DISCOGS MAKES NO WARRANTY THAT [...] (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Where it says this ↗The court of law governing the terms is in a jurisdiction that is less friendly to user privacy protection
The court of law governing the terms is in a jurisdiction that is less friendly to user privacy protection.
The court of law for Discogs is located in the State of Oregon, USA. The United States have implemented some laws that are detrimental to the privacy of users of US-American services, most noticeably the PATRIOT Act.
Where it says this ↗
Worth knowing 16
The service can stop being provided at any time
They may stop providing the service at any time
Discogs' ToS state under "MODIFICATIONS TO SERVICE": "Discogs reserves the right to modify or discontinue the Service with or without notice to You. Discogs shall not be liable to You or any third party should Discogs exercise TOS right to modify or discontinue the Service." - the service can not only be discontinued, but also modified at any time - discogs do not need to notify users of these changes
Where it says this ↗You are prohibited from attempting to gain unauthorized access to other computer systems
Discogs prohibits users from attempting to gain unauthorized access to other computer systems
Under "USER CONDUCT", Discogs' ToS state: "Attempts to gain unauthorized access to other computer systems are prohibited."
Where it says this ↗No warranty is made regarding an uninterrupted, timely, secure and/or error-free experience
The service provider makes no warranty regarding uninterrupted, timely, secure or error-free service
Under "DISCLAIMER OF WARRANTIES", Discogs' ToS state that the website will not warrant "UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE" service.
Where it says this ↗The service is provided 'as is' and to be used at your sole risk
The Discogs website is provided 'as is' and to be used at the users' sole risk
Discogs disclaims any express or implied warranties.
Where it says this ↗You agree to comply with the law of the service's country
Users agree to comply with U.S. law
The ToS state under "USER CONDUCT": "[...] Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with U.S. and applicable international law regarding the transmission of technical data exported from the your country through the Service; [...]"
Where it says this ↗This service does not condone any ideas contained in its user-generated contents
Discogs does not condone any ideas contained in the items listed via the service
Discogs distances itself from any messages or ideas users include in the content they generate on the website.
Where it says this ↗Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder
Invalidity of any portion of Discogs' Terms of Service does not entail invalidity of its remainder
Should one portion of the ToS be invalid, Discogs will enforce it as much as possible under applicable law. The invalidity of one portion does not affect any other provision of the ToS.
Where it says this ↗Failure to enforce any provision of the Terms of Service does not constitute a waiver of such provision
Even if Discogs does not consistently enforce all of the rules or provisions 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.
Where it says this ↗You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service
INDEMNITY You agree to indemnify and hold Discogs, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Your use of the Service, Your connection to the Service, Your violation of the TOS, or Your violation of any rights of another, whether You are a registered user or not. You are solely responsible for Your actions when using the Service, including, but not limited to, costs incurred for Internet access.
Where it says this ↗You are responsible for any risks, damages, or losses that may incur by downloading materials
Users are responsible for any risks, damages, or losses they may incur by downloading materials
Discogs is not liable for any damages to the users' computer systems that occur as a result of downloading material from Discogs.
Where it says this ↗The court of law governing the terms is in location X
The court of law governing Discogs' terms is in the State of Oregon, United States of America
Any conflicts regarding Discogs' Terms of Service will be submitted to the courts of the State of Oregon, USA. The Terms will be interpreted according to the laws of Oregon. By using Discogs, users agree to this exclusive jurisdiction.
Where it says this ↗You agree not to use the service for illegal purposes
Users agree not to use the service for illegal purposes
Discogs' ToS state under "USER CONDUCT": "You agree: [...] (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, Your conduct is subject to Internet regulations, policies and procedures. You will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. You further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another person’s use and enjoyment of the Service or another entity's use and enjoyment of similar services."
Where it says this ↗This service is only available for use individually and non-commercially
Discogs is only available for use individually and non-commercially, except with written consent
Under "LICENSE AND SITE ACCESS", the ToS state: "Discogs grants You a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Discogs. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Discogs." - the site or its contents may not be used for any commercial purpose
Where it says this ↗This service assumes no responsibility and liability for the contents of links to other websites
Under the healines "LINKS" the ToS say: "The Service, or relevant third parties, may provide links to other websites or resources. Because Discogs has no control over such sites and resources, You acknowledge and agree that Discogs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Discogs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource."
Where it says this ↗The service assumes no liability for any damages the user incurs
Discogs assumes no liability for any losses or damages resulting from any matter relating to the service
Discogs waives all liability for any losses or damages users may incur from using the service or not being able to use it, from the cost of using substitute products, from unauthorized access to their data, from any third party (other users') actions on the service or any other matter relating to the service. By including "(v) ANY OTHER MATTER RELATING TO THE SERVICE", Discogs essentially excludes any possible liabilities.
Where it says this ↗No guarantee is made reguarding the accuracy and/or reliability of the information provided
The service does not guarantee accuracy or reliability of the information provided
Created by Docbot version v3
Where it says this ↗
If you have a Discogs account
Serious 1
Private messages can be read
The service can read your private messages
When other users make complaints to Discogs, Discogs is able to read your private messages, review your account activity, account details and previous orders.
Where it says this ↗
Bad 2
Your account can be deleted or permanently suspended without prior notice and without a reason
Discogs can delete your account without prior notice and without a reason
Under "TERMINATION" Discogs' ToS state: "You agree that Discogs, in its sole discretion, may terminate Your account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if Discogs finds that You have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of Your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Discogs may immediately deactivate or delete Your Discogs account and any or all related information and files. Discogs reserves the right to bar any further access to such files or the Service. You agree that Discogs shall not be liable to You or any third-party for any termination of Your access to the Service. Advanced accounts that are terminated will not be refunded. Should You object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately discontinue use of the Service. Upon termination of the Service, Your right to use the Service immediately ceases. You shall have no right and Discogs will have no obligation thereafter to forward any unread or unsent messages to You or any third party."
Where it says this ↗A license is kept on user-generated content even after you close your account
This service keeps a license on user-generated content even after users close their accounts.
The Discogs ToS state under "LICENSING OF USER CONTENT": "If You cease using Discogs Services, You confirm that Discogs is entitled to continue using Your user-generated content and may continue display Your user name along with Your content pursuant to the rights granted above."
Where it says this ↗
Worth knowing 7
You are responsible for maintaining the security of your account and for the activities on your account
The ToS state under the headline "USER ACCOUNT, PASSWORD, AND SECURITY": "[...] You are entirely responsible for any and all activities which occur under Your account if You do not maintain the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities which occur under Your account by You or someone You authorize to use Your account. [...]"
Where it says this ↗This service will continue using anonymized user-generated content after erasure of personal information
This service will continue using anonymized user-generated content even after erasure of personal information
Under "LICENSING OF USER CONTENT", the ToS state: "If You cease using Discogs Services, You confirm that Discogs is entitled to continue using Your user-generated content and may continue display Your user name along with Your content pursuant to the rights granted above. If You exercise Your right to erasure or deletion of personal information pursuant to the Privacy Policy, (i) Your user-generated content will be anonymized by having the user name replaced by a generic term (i.e., "previous user1234" or simply "user1234"), and (ii) Discogs is entitled to continue using this anonymized user-generated content pursuant to the rights granted above."
Where it says this ↗The copyright license that you grant this service is limited to the parties that make up the service's broader platform
Users grant Discogs the right to use their content across all their services
Discogs and its related platforms are based on user content. As such, by using the service, users grant Discogs a non-revocable and transferable right to use their content for as long as they wish, wherever they wish.
Where it says this ↗You agree not to submit libelous, harassing or threatening content
Discogs users agree not to submit libelous, harassing or threatening content
Discogs' ToS state: "You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. You further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation."
Where it says this ↗You are prohibited from sending chain letters, junk mail, spam or any unsolicited messages
This service prohibits users sending chain letters, junk mail, spam or any unsolicited messages
The ToS state under "USER CONDUCT": "You will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process."
Where it says this ↗This service is only available to users over a certain age
This service is only available to users of the minimum age of consent and up
To use Discogs, users must be of the minimum age of consent, which varies by jurisdiction. In the case of the United States, users must be at least 13 years old to sign up for an account and 18 years old to buy and sell items on Discogs.
Where it says this ↗You must report to the service any unauthorized use of your account or any breach of security
Where it says this ↗
Good 1
You have the right to leave this service at any time
The ToS state under "USER ACCOUNT, PASSWORD, AND SECURITY": "[...] You may change Your password at any time; You may also set up a new account and close an old one at Your convenience. [...]"
Where it says this ↗
The documents
Ratings by ToS;DR volunteers; they can lag behind the current terms. Not legal advice.