cross-posted from: https://lemmy.dbzer0.com/post/17618684
Forced arbitration means any legal disputes you may have with Discord must be resolved through a single third party mediator, who 99% of the time is chosen by, and will rule in favor of, the corporation/Discord. This effectively removes all your legal rights as a consumer, because arbitration decisions are legally binding and non-appealable.
The new ToS goes into effect April 15th, 2024.
YOU CAN OPT OUT OF ARBITRATION. You must email [email protected] BEFORE MAY 15TH (30 days after ToS effective date) with your username stating that you wish to opt out of the arbitration clause. Once May 15th passes you are bound to arbitration with Discord forever.
Opt-out before it’s too late.
Settling disputes between you and Discord
Informal resolution. Most disputes can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration. This requires emailing [email protected] written notice (‘Written Notice’), which must include: (1) your name; (2) the email address or phone number associated with your Discord account; (3) a detailed description of the issue, and (4) how you’d like to resolve it. If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and Discord agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to [email protected], while the parties attempt informal resolution.
If you reside in the European Union, you may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform or the Out-of-Court Dispute Settlement (‘OCDS’) mechanism under DSA Article 21. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court. Note that a submission to the ODR or via the OCDS mechanism alone, without submitting a Written Notice to [email protected], will not toll the applicable statutes of limitations or other deadlines.
Governing law and jurisdiction. The Federal Arbitration Act, federal arbitration law, and California law will apply to these terms and any disputes related to these terms or our services, regardless of conflict of laws rules. Any dispute that is not subject to arbitration will be resolved exclusively in the state or federal courts in San Francisco County, California, and you and Discord both consent to venue and personal jurisdiction in these courts.
If you are a consumer who resides in the European Union, this clause and these conditions generally do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the services or these conditions shall be subject to the exclusive jurisdiction of the court of Amsterdam (The Netherlands) or, if you are a consumer, to the closest court to your home if you are in a state member of the Europan Union.
THIS. Now, next time anyone posts something, think a little bit more about the rest of the world, because we exist too. US is not the only place here.
I wish people paid more attention to Asia as well haha. At least y’all get mentioned.
Why? You only have checks notes the majority of the world’s population.