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.

Classification: neutral

Weight: 10



Service Title Rating Status Author
HuffPost "Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision." APPROVED napen123
Pinterest "No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pinterest's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision." APPROVED Dr_Jeff Staff
Discord "The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, " DECLINED id523a
edX "The failure of edX to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision." APPROVED nolawyer
Sync "Sync's failure to enforce a provision is not a waiver of its right to do so later." APPROVED Agnes de Lion Staff
Airbnb "22.5 Airbnb’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.</p> " DECLINED Michael Curator
Observable "Any failure on the part of Observable to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision." APPROVED Jed Fox Curator
Authy (Twilio) "Our failure to enforce at any time any provision of these Terms, our Acceptable Use Policy, or any other of your obligations does not waive our right to do so later." APPROVED Agnes de Lion Staff
Reddit "Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision." APPROVED Peepo Staff
weebly "The failure of Weebly to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision" APPROVED Michael Curator
Discogs "Our failure to exercise and enforce any right or provision of the TOS shall not constitute a waiver of such right or provision." APPROVED Michael Curator
Iron Horse Games "Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date." APPROVED featherwinglove Curator
Patook "Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances. " APPROVED jxr2272 Curator
eBay "Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches." APPROVED Peepo Staff
Slack "No failure or delay by either party in exercising any right under the Contract will constitute a waiver of that right." APPROVED KnossosDomovoi Curator
Prezi "If Prezi does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights." APPROVED ArloJamesBarnes Curator
National Geographic "No action of the Society may be construed as a waiver of any part of these Terms." APPROVED Peepo Staff
CNN "No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default." APPROVED Peepo Staff
DeviantArt "DeviantArt's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision." APPROVED napen123
Le Monde " <p>L’éventuelle tolérance d’un manquement contractuel ne vaut pas renonciation du Monde à s’en prévaloir. " APPROVED Agnes de Lion Staff
Khan Academy "The failure of Khan Academy to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision." APPROVED Peepo Staff
Presearch "The failure of Presearch to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision." APPROVED Tsuser Curator
CouchSurfing "Enforcement of these Terms, however, is solely in our discretion and the absence of enforcement in some instances does not waive of our right to enforce the Terms in other instances." APPROVED Dr_Jeff Staff
WhatsApp " <p>If we fail to enforce any of our Terms, it will not be considered a waiver.</p>" APPROVED Peepo Staff
BitChute "BitChute's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. " DECLINED ToS;DRemuedu Curator
Dr. McDougall's Health & Medical Center "Any failure by drmcdougall.com to enforce any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. " APPROVED ToS;DRemuedu Curator
likee "<p>If we fail to exercise or enforce any right or provision of these terms of use, it will not constitute a waiver of such right or provision. " APPROVED Agnes de Lion Staff
Amazon Prime Video " Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights." DECLINED Agnes de Lion Staff
MeWe "<p>The failure of MeWe to enforce any right or provision of these Terms will not prevent MeWe from enforcing such right or provision in the future.</p>" DECLINED Peepo Staff
Kahoot! "Any failure by Kahoot! or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Kahoot!’s or the applicable third party beneficiary’s right to do so.</p>" APPROVED Peepo Staff
Marca "El no ejercicio o ejecución por parte de UNIDAD EDITORIAL de cualquier derecho o disposición contenida en estas Condiciones Generales no constituirá una renuncia al mismo, salvo reconocimiento y acuerdo por escrito por su parte.</p>" APPROVED Agnes de Lion Staff
Fandango "No failure or delay by Fandango in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms." APPROVED Peepo Staff
Redbubble "If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.</p>" APPROVED Peepo Staff
Bandcamp "The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.</p>" DECLINED Peepo Staff
Quizlet "A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof." APPROVED Peepo Staff
Indiegogo "Indiegogo’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision." APPROVED Peepo Staff
W3Schools "The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.</p>" APPROVED Dr_Jeff Staff
Riot Games "<p>Riot Games’ failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision after that." APPROVED LadyStonda
MyAnimeList "Our failure to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. " APPROVED Peepo Staff
Taskade "Waiver and Severability<p>Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision." APPROVED Peepo Staff
The Guardian "Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Guardian.</p>" APPROVED Peepo Staff
Forbes " Any failure of Forbes to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision." DECLINED Peepo Staff
Goodreads "<strong>No Waiver.</strong> No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Goodreads' failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision." APPROVED Peepo Staff
Forbes "Any failure of Forbes to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision." DECLINED Peepo Staff
New York Times "12.5 Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches." APPROVED Peepo Staff
Feedly "13.10 Waiver<p>Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion." DECLINED Peepo Staff
The MOD Archive "The Mod Archive's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Mod Archive in writing." APPROVED ArloJamesBarnes Curator
ancestry "No Waiver</u>: Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision." APPROVED Peepo Staff
Urban Dictionary "Any failure of the Company to enforce or exercise a right provided in these terms is not a waiver of that right.</p>" APPROVED Peepo Staff
Myspace "The failure of Myspace to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision." DECLINED Peepo Staff
Vox "Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision." APPROVED Peepo Staff
Bible Gateway "The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision." APPROVED Peepo Staff
Blizzard "Blizzard’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions." APPROVED Dr_Jeff Staff
McDonald's "If McDonald’s fails to insist that you perform any of your obligations under these terms, or if McDonald’s does not enforce its rights against you, or delays in doing so, that will not mean that McDonald’s has waived its rights against you and will not mean that you do not have to comply with those obligations.</li>" APPROVED Peepo Staff
Brainly "If you do not comply with these Terms of Use and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future" APPROVED (deactivated)
Archive of Our Own "The <abbr>OTW</abbr>'s failure to enforce any part of the <abbr>ToS</abbr> will not waive the <abbr>OTW</abbr>'s ability to enforce it" APPROVED Holonium
Sophos "Failure by either party to enforce any particular term or condition of this License Agreement shall not be construed as a waiver of any of its rights under it.<br>" DECLINED Peepo Staff
craigslist "Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it." APPROVED Peepo Staff
Bandcamp " The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.</p>" APPROVED Peepo Staff
Twitter "Twitter’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision" APPROVED Isikyus
YTMP3.CC "<li>Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.</li>" APPROVED Agnes de Lion Staff
Discord "The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision" APPROVED Dr_Jeff Staff
Facebook "If we fail to enforce any of these Terms, it will not be considered a waiver." APPROVED Dr_Jeff Staff
Kickstarter "The failure of either you or Kickstarter to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights." APPROVED Peepo Staff
GitLab "Failure to Enforce</strong> <p> The failure of either party to enforce at any time, or for any period of time, the provisions hereof shall not be construed to be a waiver of such provisions or of the right of such party to enforce each and every such provision" APPROVED KnossosDomovoi Curator
Adventurer's Codex "If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.</p>" APPROVED GV-280
Opencollective "The failure of to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision." APPROVED reikousami
XVideos "No waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term, and Xvideos’ failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision." DECLINED Peepo Staff
Genius "The failure of Genius to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision." DECLINED Peepo Staff
YouTube "No</b> <b>Waiver<br> </b>If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).</p>" APPROVED reikousami
Pornhub "any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.</p>" APPROVED Peepo Staff
bitly "The failure of Bitly to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision." APPROVED napen123
BitChute "BitChute's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision." APPROVED Therapy Snek Curator
Facebook "If we fail to enforce any of these Terms, it will not be considered a waiver." APPROVED Peepo Staff
Quora "Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision." APPROVED Peepo Staff
Wikipedia "If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision." APPROVED Peepo Staff
xfinity "You agree that if Comcast does not exercise or enforce any contractual or legal right or remedy to which it is entitled, this will not be taken to be a formal waiver of Comcast's rights and that those rights or remedies will still be available to Comcast.</p>" APPROVED napen123
Spotify "Any failure by Spotify or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Spotify’s or the applicable third party beneficiary’s right to do so.</p> <p>" APPROVED Dr_Jeff Staff
Hulu "Hulu's decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy with respect to any party. Even if Hulu acts in a way that appears to you to be inconsistent with these Terms, Hulu's action shall not be deemed a waiver or constructive amendment of these Terms.</p>" APPROVED Agnes de Lion Staff
Instagram "If we fail to enforce any aspect of this agreement, it will not be a waiver." APPROVED Dr_Jeff Staff
Metacafe "Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision." APPROVED Agnes de Lion Staff
Prezi "If Prezi does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights." DECLINED ArloJamesBarnes Curator
Fivestars "The failure of Fivestars to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision." APPROVED Agnes de Lion Staff
pCloud " If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. </p> <p> The failure of pCloud to enforce any right or provision of these Terms will not prevent pCloud from enforcing such right or provision in the future. </p> " APPROVED Agnes de Lion Staff
Huawei "If HUAWEI fails to uphold or demand the strict execution of these Terms of Use, this should not be deemed as a waiver on the part of HUAWEI of any rights pertaining to the execution of these Terms of Use, or the Terms of Use themselves. " APPROVED Agnes de Lion Staff
iCloud "The failure of Apple to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision." APPROVED Agnes de Lion Staff
Brave "The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder." APPROVED Agnes de Lion Staff
Venmo "<p>Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches." APPROVED Agnes de Lion Staff
Virtual World Computing Cocoon MyData Rewards "You agree that if Cocoon does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Cocoon has the benefit of under any applicable law), this will not be taken to be a formal waiver of Cocoon’s rights and that those rights or remedies will still be available to Cocoon." APPROVED penguintamer
Ubisoft "The failure or neglect by You or UBISOFT to enforce any of rights under these Terms will not be deemed to be a waiver of your or UBISOFT’S rights." APPROVED Agnes de Lion Staff
FanFiction "FanFiction.Net's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision." APPROVED Holonium
Chinese Software Developer Network "CSDN经营者未能或延迟行使本服务条款规定的任何权利、权力或特权不应视为放弃行使,且任何单一或部分权利、权力或特权的行使不应排除权利、权力或特权的任何其他或进一步的行使或本协议项下任何其他权利、权力或特权的行使。" APPROVED reikousami
HideMe VPN "Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights." APPROVED reikousami
Vimeo " No failure or delay by Vimeo in exercising any right will waive any further exercise of that right. " APPROVED Agnes de Lion Staff
Patreon "If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.</p>" APPROVED Dr_Jeff Staff
Dropbox " <p>Dropbox’s failure to enforce a provision is not a waiver of its right to do so later. " APPROVED Agnes de Lion Staff
Pure.Dating "Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision." APPROVED Dr_Jeff Staff
Twitch "If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party." APPROVED Dr_Jeff Staff
Enpass "Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement." APPROVED Dr_Jeff Staff
Flickr "SmugMug’s enforcement of the acceptable use provisions set forth in these Terms of Use with respect to User Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar User Content." APPROVED Agnes de Lion Staff
Element "Any failure by Element to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. " APPROVED Agnes de Lion Staff
Google "If you don’t follow these terms or the service-specific additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.</p>" APPROVED Dr_Jeff Staff
GitHub & Global Privacy Control "Any failure on the part of GitHub to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision." APPROVED Dr_Jeff Staff
Wattpad "If Wattpad doesn’t exercise or enforce a particular right or provision under these Terms of Service, that doesn’t mean we’ve waived that right or provision." APPROVED Peepo Staff
Odysee (LBRY) "Failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances." APPROVED Agnes de Lion Staff
Strava "The failure of Strava to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. " APPROVED Agnes de Lion Staff
Adobe "</b>Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.</p> " APPROVED Agnes de Lion Staff
Jitsi "<p>If You do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future)." APPROVED Dr_Jeff Staff
Instructure "Instructure’s failure to enforce a provision is not a waiver of its right to do so later." APPROVED Dr_Jeff Staff
Reuters "Failure to enforce any provision of the Terms of Use will not constitute or be construed as a waiver of such provision or the right to enforce it." APPROVED stig124
Merriam-Webster "No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and your or our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.</p> " APPROVED Agnes de Lion Staff
Cisco "<p>If you or others violate these Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations." APPROVED Dr_Jeff Staff
The Walt Disney Company "No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.</p>" APPROVED Agnes de Lion Staff
Heroku " No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.</p>" APPROVED Agnes de Lion Staff
Burger King " Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.</p>" APPROVED Agnes de Lion Staff
Tresorit "The failure of either party to enforce a provision of this Agreement is not a waiver of its right to do so later." APPROVED Agnes de Lion Staff
V.H. Hess " The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. <br>" APPROVED Agnes de Lion Staff
iFunny "No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and iFunny's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.</p>" APPROVED Agnes de Lion Staff
Guilded "The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder." APPROVED Agnes de Lion Staff
Yahoo! "Our&nbsp;failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision." APPROVED Agnes de Lion Staff
Smartmessages "No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.</p> " APPROVED Agnes de Lion Staff
Pearltrees "Should any of the Parties fail to avail themselves of a given provision of these T&amp;Cs at any point in time, this shall not be interpreted as being tantamount to a waiver of their right to avail themselves subsequently of any provision of these " APPROVED Agnes de Lion Staff
Douban "豆瓣未行使或执行本使用协议任何权利或规定,不构成对前述权利或权利之放弃。" APPROVED reikousami
Future PLC "Future’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Future in writing." APPROVED Agnes de Lion Staff
Scratch "No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Scratch Team's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.</p>" APPROVED reikousami
keybase "Severability. Entire Agreement These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.</p> <p>" DECLINED Joe
DrugBank "Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in the Agreement or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing." APPROVED 281587887a Curator
Clockify "Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision." APPROVED private prawn
Zoom Video Communications "Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision." APPROVED private prawn
Shopify "Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision." APPROVED private prawn


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