ky0ko, 88% pure glitchwitch
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y'all discord users ought to send an email to them saying you opt out of their arbitration clause in case they ever need sued

if you don't trust me read the eula yourself and decide if not having your right to sue them taken away is worth an email

discordapp.com/terms

(or, you know, maybe avoid the service entirely if you're able and willing)

@ky0ko I wanna see more of this. It's unionising, but for shitty EULAs

@ky0ko can't I just make up a counter-eula on my website where collecting and selling my data makes me immune to their EULA?

@ky0ko the above is TIME SENSITIVE BY THE WAY do it now rather than later

speaking of creepy legalese, from the same section: Show more

@mew what if that clause is illegal or unenforceable 🤔

@iliana 🤔 🤔 🤔 🤔 🤔 🤔 🤔 🤔 🤔 🤔 🤔 🤔 🤔 🤔 🤔 🤔 🤔 🤔

"ah yes, we might be breaking the law / writing an invalid terms of service so lets just add a cop out loophole"

speaking of creepy legalese, from the same section: Show more

speaking of creepy legalese, from the same section: Show more

speaking of creepy legalese, from the same section: Show more

speaking of creepy legalese, from the same section: Show more

@mew @ky0ko This is the message format I used. Replace the last part with "created less than 30 days ago" or whatever if it doesn't apply to you.

"This email contains written notice that I choose to opt out of the provisions requiring arbitration within the Discord Terms of Service, as described in discordapp.com/terms. This applies to my Discord account associated with this email address ([YOUR EMAIL HERE]), which was created prior to the new Terms being published or taking effect."

@ky0ko Are these kind of terms even legal? I don't think this works in the EU.

@nutomic yep, the us supreme court ruled that terms like this are binding, in 2011

@ky0ko no idea about US, I was talking only about EU.

@nutomic @ky0ko Absolutly not in the EU. Multiple laws against that, most prominantly there's a clause in the new GDPR against crazy stuff like this.

@ky0ko ELI5: What will be the impact to me if I didn't opt out of their arbitration?

And what does this paragraph "This Arbitration section shall survive any termination of your account or the Service" mean? If I don't opt out but deleted my Discord account, will I still be binded in the arbitration provisions?

@reymarkus this means, in short, you are no longer allowed to sue them, but can only resolve disputes via arbitration.

this means you, a discord representative, and some third party arbitrator in a room, talking it out. if you don't like what happens, there's no appeals.

this is a situation that has been shown to favor the big company in basically all cases, even if it is usually easier and faster.

the survival clause in the eula means even if you delete your account, you are still bound by all of it.

@reymarkus disclaimer, i'm not a lawyer, but, i mean, that's what the eula says

@ky0ko Thanks for the summary. Sent them an email to their arbitration opt-out address, and will likely delete my Discord account some time.

@ky0ko I honestly can't imagine this practice holds up in any court

@ky0ko Shit you aren't even able to erase your own messages on discord... No way to see and manage your data etc. What are they gonna do with all my extra sultry messages?!

@ky0ko The contract may be unenforceable anyway.

Silence cannot constitute acceptance of a contractual provision (Felthouse v Bindley) and a lack of consensus ad idem, if users have not comprehended that they agreed to arbitration, means there is no contract formation in any case, Smith v Hughes notwithstanding.

Discord's lawyers should be fired.

@ky0ko What is this "arbitration clause" and why should I opt-out ? (not a native english speaker)

@nanocryk @ky0ko basically if you don't choose to opt-out you won't be able to sue an appeal in case something happens and you will have to pay for a third person to talk to them and solve the problem by legally ways... That's what I understood (I'm not a native English speaker too)

@ky0ko
That's what I would call "disgusting". I already have a bad view of Discord's [intruisive ?] data collection. Now it's getting kinda worse --'

@ky0ko @Gargron It‘s more than 30 days after the TOS taking effect. So if you didn’t just create your account, you’d have to create a new one for this opt-out to work.

@melgu

@gargron

the tos doesn't take place for another week, as started in the tos itself.

also, it has a clause starting it still applies and if you delete your account and create a new one, so that doesn't work.

@ky0ko The email I used for my opt-out, in case anyone wants to copy+paste and edit for their own purposes:

To: arbitration-opt-out@discord.com

Subject: Opt out of provisions in Terms of Service requiring arbitration

I am sending this email as the owner of the account associated with the email address [email] - which, within Gmail, registers as an identical address to the [email] address from which I am sending this message, as described in gmail.googleblog.com/2008/03/2 - to officially opt out of the provisions in the official Discord Terms of Service requiring arbitration in the case of disputes with the platform.

- [wallet name]

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