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.comBEFORE 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.
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).
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.
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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.
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.