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@Rapptz
Created October 18, 2018 03:21
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Full terms here: https://discordapp.com/terms

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Discord agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

Most disputes can be resolved without resorting to arbitration. In the event of a dispute, you agree to provide us notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to Discord by email to disputes@discord.com and by U.S. Mail to Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107.

The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes.

Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in San Francisco, California. Discord and you further agree to submit to the personal jurisdiction of any state or federal court in San Francisco, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Discord will pay the additional cost. Discord shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Discord is specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on Discord and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Discord and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Discord and you understand that, absent this mandatory arbitration provision, Discord and you would have the right to sue in court and have a jury trial. Discord and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

If Discord’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator. You or Discord may choose to pursue a claim in small claims court where jurisdiction and venue over you and Discord otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Discord with advance notice by email to disputes@discord.com and by U.S. Mail to Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107.

Opt-Out Right. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Discord by email to arbitration-opt-out@discord.com. The notice must be sent within 30 days of this Terms of Service taking effect, or your account creation on the Service. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, Discord will not be bound by them either. If any clause within this Arbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

Survival. This Arbitration section shall survive any termination of your account or the Service.

CLASS WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Discord and you agree to resolve any dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Discord customers, and cannot be used to decide other disputes with other customers.

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in San Francisco, California. This Class Action Waiver section shall survive any termination of your account or the Services.

@DuncanCasteleyn
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learn to read. it says you have to inform them at disputes@discordapp.com before suing them (and give them a chance to fix it on your own). opting-out allows you to sue them without informing and giving them chance to fix it, but it also works the other way. If Discord decides to sue you, they don't have to give you a chance to fix it.

The issue is that they could change it later and then you can no longer opt-out.

@aryamanarora
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oof (Part 12)

@memiux
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memiux commented Oct 18, 2018

furry

@Unknow0059
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Private companies shouldn't be allowed to bend the law like this.
I guess, technically, they're not bending the law, it's just that the law allows to be bended.
Regardless, you get what i mean.

@Quintenvw
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The opt out is only about the law suite part. It p much states that discord will try to settle problems without a law suite and that discord supports you in lawsuits on monetary part excluding extra coast.
So if you opt out as a normal user you won't get support if you need it. Ofc this is of more use for big companies because they are more likely to start a law suite.

For the rest you can't sue discord because it's disclosed in their tos and pp. This has been in there before the change aswel.

Oh and btw, the leaking info thing is protected under p much every gouvernement in the world regardless of what the tos states. (Facebook and Google+ for example)

@NCSGeek
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NCSGeek commented Oct 18, 2018

@EpiccGamer Sorry, I mis-worded my question. I meant if there are any downsides to the opt-out.

@almic
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almic commented Oct 19, 2018

Just incase anyone gets this far, you don't need to use bulls*** legal jargon to opt out, and not using it does not make your opt out any less valid.

Literally just writing "Hi Discord, I am opting out of the arbitration requirement" is perfectly enough, no need to even give your id or use the same email you signed up with, as they require neither of the two in the opt-out bit. As long as you own the email you sent it with you are totally protected.

@Shaydows
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oof (Part 13)

@austinhuang0131
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austinhuang0131 commented Oct 19, 2018

Steam, Humble Bundle, Twitch, Roblox, Minecraft (US only), etc. have arbitration clauses. Steam, Fortnite, Roblox, Minecraft (US only), etc. have class waivers.

So why are we attacking Discord now? They're also launching a game store. So they have to write that to the Terms. It's the norm. Plus, you're given an option to opt out via email instead of mailing an actual letter. Just leave the opinion to yourself, nothing to argue.

Oof (Part 14)

@pleasseleavealone
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Wow, this is just sad.

@pleasseleavealone
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pleasseleavealone commented Oct 19, 2018

@austinhuang0131 Because Discord could've been the one company that wasn't the a-hole that did this. You do realise these clauses have a precedence to actually be enforceable due to a 2011 case with At&t, right? https://gc.gy/7538114 The outcome of that case made a lot of companies actively roll-back lawsuits against other companies. It's complete BS, and is actually a negative for everyone's rights and company rights, as companies big and small can't sue each other big time, meaning major punishments for companies being dicks are even weaker, especially with antitrust laws slowly dying.

@TatharNuar
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@Corruptinglyneedful It is brewed at that temperature, but McDonalds was holding it at an unsafe temperature (180 to 190 degrees) long after the coffee was brewed, which was much hotter than other establishments held their coffee at. They also ignored the concerns of their own quality control manager, who recommended that the coffee never be held above 130 degrees because it would otherwise be unsafe for consumption when served. There were a lot of other problems with McDonalds' handling of the issue too, outlined here: https://en.wikipedia.org/wiki/Liebeck_v._McDonald's_Restaurants

@eyeofthenyte
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so who was planning a class action lawsuit before this? This clause really isn't that big of a deal. All of this hubub is making a mountain out of a molehill.

@epic-electric
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Oof(Part 15)

@epic-electric
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delete discord;
delete user.handicraftsman;

delete discordsrules

@raymoo
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raymoo commented Oct 20, 2018

delete discord;
delete user.handicraftsman;

delete discordsrules

You should be using RAII to handle object lifetimes

@ilsubyeega
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oof

@Iamdeadlyz
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oof (Part 16)

This is getting interesting....already sent an opt-out email :>

@oy2
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oy2 commented Oct 22, 2018

massive oof

@techanon
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Oof The Great: Revenge of the Wewlad

@deoxal
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deoxal commented Oct 25, 2018

the "coffee case" (which was legitimately sue-worthy)

Fuck off, that lady wasn't going to read the cup if it was hot or not, even if it was on the cup she would have burned her crotch anyway, Anyone eating garbage from McDonalds deserves to be burned by coffee anyway <3

This whole world is a flaming pile, suck it all up people...

(Also who says they aren't already selling our data........)

She got 3rd degree burns from it.

@iczero
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iczero commented Oct 26, 2018

Oof (Part 16.2331)

@sneakyspades
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sent an email, also decided to add a timestamp to it just in case

@exil0867
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pain
painx2

@janicez
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janicez commented Nov 26, 2018

Given insufficient notice. Will be OOing anyway to see if it will work.

@janicez
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janicez commented Nov 26, 2018

In any case, I will continue to heed the disputes@ portion of the terms as a courtesy, though I probably am not bound by the arbitration clause for the portions of usage conducted in Canada.

@exil0867
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Ninja caught selling underwears.

@exil0867
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exil0867 commented Mar 9, 2019

image_1673

@resynth1943
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Let's all just fucking use Riot

@cborac
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cborac commented May 31, 2020

sad

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