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 arbitration-opt-out@discord.com 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.
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I think they’re only worried about U.S class action. Don’t think American companies really care about the legality anywhere else
They do. See what happened with EU’s GDPR and DMA, or how they bend over backwards to make China-only versions.
Companies operating in any “anywhere”, need to follow the law of the land, or close shop there.
Only reason Discord has “a shop” in EU is for tax evasion. It’s a P.O Box at Schipol airport. I really don’t think they care very much.
Rather the opposite.
Every business selling to EU citizens, is required to charge them the corresponding VAT, then forward it to the citizen’s country. Doing otherwise, would be tax evasion.
If they closed shop, they’d risk getting hit with import duties, or directly get blocked in the EU. Not following EU’s rules, would get them hit with fines, which they’d have to choose to either pay, or get their shop closed down, with the same consequences.
I know the US likes to tax its citizens even when they don’t reside in the US, but most countries like to tax anyone residing or doing business on their territory.
Another company wants to skip liability. https://odysee.com/@rossmanngroup:a/pixel-phones-come-w-forced-arbitration-a:9
LOL at all these companies suddenly realizing they can just put “you can’t sue us” into their ToS.
Yeah, good luck enforcing that contract in any country that has a legal concept of “automatically unfair contract terms”.
the arbitration terms are explicitly stated to be US only. unfortunately the US is not a country with a functioning legal system
Can you include that in the title and description please? It’s a pretty important detail to leave out!
What are you talking about, the US has the best legal system money can buy
‘Money.exe’ not found. It may be corrupted or you don’t have administration right.
You said it pal, not me ¯\_(ツ)_/¯
A TOS isn’t legally binding.
That’s false.
Any contract is legally binding… except for the parts that go against the law.
I’d suggest consulting a lawyer knowledgeable of your particular jurisdiction, before deciding which part may or may not be binding.
Any contract is legally binding
Exactly. And a TOS is not a contract.
If you go to law definitions, contracts have a number of requirements to be such, of which to my knowledge a TOS fails two (Negotiability and Certainty).
IANAL, check with your local lawyer, but AFAIK…
ToS are a “generic contract”, where a single entity proposes the same contract to multiple parties.
Negotiability, or more precisely offer and acceptance, are achieved by the simple “take it or leave it”. The requirement is that there needs to be an option, it doesn’t need to be one to change parts of the document.
Certainty is usually achieved by adding a partial nullifying clause, so any ambiguous parts get automatically trimmed.
Negotiability, or more precisely offer and acceptance, are achieved by the simple “take it or leave it”.
Maybe in the US, where that kind of this would honestly be expected. Here in more decent countries, Negotiability requires that both parties can exercise offer an acceptance to the contract. I consulted to our local digital ethics group about it and they are in accordance, at least to what pertains to my country.
Do I need to worry about this not being in the US? I’m wary of the way I word my opt out incase it causes me some issues down the line
No, this is for US only. Where corporations are permitted to abuse the market and the law (or lack thereof).
I wonder how long until they inform us about a data breach.
A few years ago, wasn’t there a company (maybe it was uber?) that was being overwhelmed by arbitration fee’s for a large number of arbitration cases? I forget the outcome, but it may be due to their agreement stipulating they would cover arbitration fees. Either way, forced arbitration needs to go.
Thx for the reminder to get to deleting my discord accs
