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
(or, you know, maybe avoid the service entirely if you're able and willing)
@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 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.
@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 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.
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 The email I used for my opt-out, in case anyone wants to copy+paste and edit for their own purposes:
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 https://gmail.googleblog.com/2008/03/2-hidden-ways-to-get-more-from-your.html - 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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