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Discord Updated TOS issue
posted in Off Topic
1
#1
0 Frags +

(I saw this write up in a discord and looked into the matter. Seems to be some pretty serious legal stuff and there is only a benefit for opting out).

In short: Discord recently updated their Terms of Service (https://discordapp.com/terms) and revoked your right to sue them for any reason. Hopefully you'll never need to, but should they fuck up in some extreme way I'm sure most people would want the option.

The good news is you can opt out of this clause and it won't affect your account or how you use the service. All you need to do is email arbitration-opt-out@discord.com within 30 days of the ToS update (which was 2 days ago) using the email associated with your account and something along the lines of "I'd like to opt out" as the content. No additional information is necessary.

For more information see the Reddit thread: https://www.reddit.com/r/discordapp/comments/9p5uyp/latest_tos_update_revokes_your_right_to_sue/

(I saw this write up in a discord and looked into the matter. Seems to be some pretty serious legal stuff and there is only a benefit for opting out).

In short: Discord recently updated their Terms of Service (https://discordapp.com/terms) and revoked your right to sue them for any reason. Hopefully you'll never need to, but should they fuck up in some extreme way I'm sure most people would want the option.

The good news is you can opt out of this clause and it won't affect your account or how you use the service. All you need to do is email arbitration-opt-out@discord.com within 30 days of the ToS update (which was 2 days ago) using the email associated with your account and something along the lines of "I'd like to opt out" as the content. No additional information is necessary.

For more information see the Reddit thread: https://www.reddit.com/r/discordapp/comments/9p5uyp/latest_tos_update_revokes_your_right_to_sue/
2
#2
21 Frags +

considering that discord is essentially operating on the same business model as facebook this is probably an important step for when they inevitably leak your data

considering that discord is essentially operating on the same business model as facebook this is probably an important step for when they inevitably leak your data
3
#3
11 Frags +

yeah fuck discord taking away our rights id suggest everyone just quickly do this email

I have the format for this email if anyone wants to do it quickly:

SEND THIS TO: arbitration-opt-out@discord.comDear Discord,

By this email, I am opting out of the agreement to arbitrate as authorized by the new changes to the Discord Terms of Service Agreement.

I DO NOT AGREE TO THE AGREEMENT TO ARBITRATE FOR THE ACCOUNT(S) LISTED/DESCRIBED BELOW:

XXXXX#XXXX (Your discord name and #number)
XXXXX (Your e-mail)
+X XXX-XXX-XXXX (Your SMS/Phone and country-code. +1 for United States)

Please let me know immediately if there is additional information needed to implement my opt-out request. Finally, I would like to ask for a written confirmation that you have received and processed this notice.

Sincerely,
XXXXX XXXXX

your sms is not required if you do not have one linked to your account or are currently switching phone numbers or anythign like that

yeah fuck discord taking away our rights id suggest everyone just quickly do this email

I have the format for this email if anyone wants to do it quickly:

[quote]SEND THIS TO: arbitration-opt-out@discord.com[/quote]

[quote]Dear Discord,

By this email, I am opting out of the agreement to arbitrate as authorized by the new changes to the Discord Terms of Service Agreement.

I DO NOT AGREE TO THE AGREEMENT TO ARBITRATE FOR THE ACCOUNT(S) LISTED/DESCRIBED BELOW:

XXXXX#XXXX (Your discord name and #number)
XXXXX (Your e-mail)
+X XXX-XXX-XXXX (Your SMS/Phone and country-code. +1 for United States)

Please let me know immediately if there is additional information needed to implement my opt-out request. Finally, I would like to ask for a written confirmation that you have received and processed this notice.

Sincerely,
XXXXX XXXXX[/quote]

your sms is not required if you do not have one linked to your account or are currently switching phone numbers or anythign like that
4
#4
16 Frags +

TOS are not legally binding

TOS are not legally binding
5
#5
9 Frags +

yeah no way that's enforcable in court should people need to sue them. i'd wager you'd have bigger legal issues suing a big corp like that

yeah no way that's enforcable in court should people need to sue them. i'd wager you'd have bigger legal issues suing a big corp like that
6
#6
1 Frags +

If you're in EU don\t bother mailing Discord.

If you're in EU don\t bother mailing Discord.
7
#7
2 Frags +

it is already easy to tell who read through the r/discord link and who did not

it is already easy to tell who read through the r/discord link and who did not
8
#8
4 Frags +

For the record, Supreme Court has ruled that End User Licence Agreements are not legally binding. I believe it's similar in the EU. This means nothing.

For the record, Supreme Court has ruled that End User Licence Agreements are not legally binding. I believe it's similar in the EU. This means nothing.
9
#9
-3 Frags +

that might put tf2pl in a hard spot.

that might put tf2pl in a hard spot.
10
#10
0 Frags +
14thEagleFor the record, Supreme Court has ruled that End User Licence Agreements are not legally binding. I believe it's similar in the EU. This means nothing.

Ya I was gonna say "You cannot ever sue us for any reason ever even if we fuck up immensely" doesn't seem like it would hold up in court

[quote=14thEagle]For the record, Supreme Court has ruled that End User Licence Agreements are not legally binding. I believe it's similar in the EU. This means nothing.[/quote]
Ya I was gonna say "You cannot ever sue us for any reason ever even if we fuck up immensely" doesn't seem like it would hold up in court
11
#11
1 Frags +

If you actually bother to read it you'd find out that it doesn't say 'you can not sue us ever' and that its more like 'yall have to sue us individually'.
There's even a source that something similar has been enforced before. Now ofc I am no legal expert, I can not tell you how similar the cases are legally and whether some judge in some court would also say yes, these tos are good, but it does seem like this may very well be enforceable.
And in case it is, opting out might save you from having discord do shady things with your data without getting properly punished.
Also idk about this 'ToS aren't legally binding' thing, in the EU they defo are as long as they break no other laws.

If you actually bother to read it you'd find out that it doesn't say 'you can not sue us ever' and that its more like 'yall have to sue us individually'.
There's even a source that something similar has been enforced before. Now ofc I am no legal expert, I can not tell you how similar the cases are legally and whether some judge in some court would also say yes, these tos are good, but it does seem like this may very well be enforceable.
And in case it is, opting out might save you from having discord do shady things with your data without getting properly punished.
Also idk about this 'ToS aren't legally binding' thing, in the EU they defo are as long as they break no other laws.
12
#12
4 Frags +
Thespikedballofdoomthat might put tf2pl in a hard spot.

lmao what

[quote=Thespikedballofdoom]that might put tf2pl in a hard spot.[/quote]
lmao what
13
#13
4 Frags +
ANDYYYYYYYTOS are not legally binding

Yes and no. TOS can block a lot of things just by agreeing to it, but it doesn't block everything.

example

By agreeing to this TOS you agree to not sue us.

You agree.

This is so vaguely worded it probably would be thrown out, but with more specific wording it can block a company from being sued over mostly trivial shit such as trying to sue discord due to some random idiot putting hate speech in your discord channel. It wouldn't block your ability to sue if discord infringed on your privacy by releasing info about you, or by knowing about a security issue and not resolving it causing a major invasion of your privacy.

[quote=ANDYYYYYYY]TOS are not legally binding[/quote]

Yes and no. TOS can block a lot of things just by agreeing to it, but it doesn't block everything.

example

By agreeing to this TOS you agree to not sue us.

You agree.

This is so vaguely worded it probably would be thrown out, but with more specific wording it can block a company from being sued over mostly trivial shit such as trying to sue discord due to some random idiot putting hate speech in your discord channel. It wouldn't block your ability to sue if discord infringed on your privacy by releasing info about you, or by knowing about a security issue and not resolving it causing a major invasion of your privacy.
14
#14
5 Frags +

discord is facebook for gamers

discord is facebook for gamers
15
#15
7 Frags +

long live mumble

long live mumble
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