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March 26, 2024 12:21
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Discord ToS Diff
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| --- old_tos.txt 2024-03-26 21:16:22 | |
| +++ new_tos.txt 2024-03-26 21:16:54 | |
| @@ -1,7 +1,5 @@ | |
| -Effective: March 27, 2023 | |
| -Last Updated: February 24, 2023 | |
| - | |
| - | |
| +Effective: April 15, 2024 | |
| +Last Updated: March 15, 2024 | |
| 1. | |
| Who we are | |
| 2. | |
| \ No newline at end of file | |
| @@ -15,7 +13,7 @@ | |
| • | |
| Your Content | |
| • | |
| -Discord's content | |
| +Discord’s content | |
| • | |
| Other content | |
| 6. | |
| \ No newline at end of file | |
| @@ -35,14 +33,14 @@ | |
| 13. | |
| Services “AS IS” | |
| 14. | |
| -Limitation of liability | |
| +Data Charges | |
| 15. | |
| -Settling disputes between you and Discord | |
| +Limitation of liability | |
| 16. | |
| -More important stuff | |
| +Settling disputes between you and Discord | |
| 17. | |
| -Contacting each other | |
| -Welcome! Discord is a platform that brings people together over shared experiences and gives everyone a place to belong. We’re happy you’re here. | |
| +More important stuff | |
| +Welcome! Discord is the best place to talk, hang out and have fun with friends online. We’re happy you’re here. | |
| These terms set forth our legal obligations to each other. They apply to your use of our services. | |
| \ No newline at end of file | |
| @@ -54,35 +52,29 @@ | |
| When we say “you” or “your,” we mean you. If you’re accessing our services on behalf of a legal entity (like your employer), you agree that you have the authority to bind that entity to these terms, and “you” and “your” will refer to that entity. | |
| -We also have a Privacy Policy, Community Guidelines, and these other policies that apply to your use of our services and are incorporated into these terms. You should read these policies—we’ve worked hard to make them simple and clear, and they contain important information about your use of our services. If you use our API, Discord’s Developer Terms of Service and Developer Policy apply to that use. Discord’s Paid Services Terms apply to any purchase you make through Discord. | |
| +We also have a Privacy Policy, Community Guidelines, and these other policies that apply to your use of our services and are incorporated into these terms. You should read these policies—we’ve worked hard to make them simple and clear, and they contain important information about your use of our services. If you use our API, Discord’s Developer Terms of Service and Developer Policy apply to that use. Discord’s Paid Services Terms apply to any purchase you make through Discord, and Discord’s Monetization Terms apply to any sales you make through Discord. | |
| Together, these rules make Discord possible, and they matter to us. If you believe others aren’t following them, please let us know by reporting it to us. | |
| Who we are | |
| -We provide services that allow you to interact with other Discord users (such as through direct messages and group direct messages) and participate in large and small spaces (or “servers”). Our services may also include access to certain software, features, and content that you can purchase from us or others, and additional terms apply to those purchases. | |
| +We provide services that allow you to interact with other Discord users (such as through direct messages and group direct messages) and participate in large and small spaces (or “servers”). Our services may also include access to certain software, features, and content, including items that you can purchase from us or others. Additional terms may apply to those purchases. | |
| -Discord’s services are provided by Discord Inc. We’re located at 444 De Haro Street #200, San Francisco, CA 94107, USA. | |
| +Discord Inc. is located at 444 De Haro Street #200, San Francisco, CA 94107, USA. Discord Netherlands B.V. is located at Schiphol Boulevard 195, 1118 BG Schiphol, Netherlands. | |
| - | |
| - | |
| Age requirements and responsibility of parents and legal guardians | |
| -By accessing our services, you confirm that you’re at least 13 years old and meet the minimum age required by the laws in your country. We maintain a list of minimum ages around the world as a resource for you, but we aren’t able to guarantee that it is always accurate. If you are old enough to access our services in your country, but not old enough to have authority to consent to our terms, your parent or legal guardian must agree to our terms on your behalf. Please ask your parent or legal guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your child (who meets the minimum age for your country) to use the services, then these terms also apply to you and you’re responsible for your child’s activity on the services, including purchases made by them. For more information on purchases, see "Discord’s Paid Services" below. | |
| +By accessing our services, you confirm that you’re at least 13 years old and meet the minimum age required by the laws in your country. We maintain a list of minimum ages around the world as a resource for you, but we aren’t able to guarantee that it is always accurate. If you are old enough to access our services in your country, but not old enough to have authority to consent to our terms, your parent or legal guardian must agree to our terms on your behalf. Please ask your parent or legal guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your child (who must meet the minimum age for your country) to use the services, then these terms also apply to you and you’re responsible for your child’s activity on the services, including purchases made by them. For more information on purchases, see “Discord’s Paid Services” below. | |
| - | |
| - | |
| What you can expect from us | |
| -Discord is a platform that brings people together over shared experiences and gives everyone a place to belong. To do that, we provide different digital spaces where you can connect with other Discord users and communities. Discord users communicate primarily via “servers,” which are digital spaces made up of different types of channels. Text channels allow users to interact via text-based messages, as well as images, GIFs, emoji, and other uploadable media. Voice channels allow users to communicate by voice and/or streaming video. We’re always evolving our services, and we may create other types of channels in the future! | |
| +Discord is the best place to talk, hang out and have fun with friends online. To do that, we provide different digital spaces where you can connect with other Discord users and communities. Discord users communicate primarily via “servers,” which are digital spaces made up of different types of channels. Text channels allow users to interact via text-based messages, as well as images, GIFs, emoji, and other uploadable media. Voice channels allow users to communicate by voice and/or streaming video. Users can also communicate one-to-one using direct messages, or communicate with a limited number of users via group direct messages. We’re always evolving our services, and we may create other types of spaces in the future! | |
| -Users create servers, and users choose which servers to join and who their “friends” are. Server owners and server admins control the server permissions and rules, including establishing membership requirements and creating custom roles and what those roles can do within the server. Server owners and admins also control whether to make their server available in Server Discovery, whether to publish their server invite link on public websites, whether to enable community growth and safety features, and whether to add bots or other apps. These permissions, like the size of a server, may change over time. | |
| +Users create servers, and users choose which servers to join and who their “friends” are. All users must follow our Community Guidelines and other policies, but in Servers, the server owners and server admins control the server permissions and additional rules, including establishing membership requirements and creating custom roles and what those roles can do within the server. Server owners and admins also control whether to make their server available in Server Discovery, whether to publish their server invite link on public websites, whether to enable community growth and safety features, and whether to add bots or other apps. These permissions, like the size of a server, may change over time. | |
| -Discord is designed to make communicating with the people you want to speak to as easy as possible. Posts appear in text channels in the order in which they’re made. Voice and video communication also happens in real time. Discord was also designed to make it easy to share what you’re up to. You can stream what you’re doing on your device, or you can share your status, including what game you're playing, what song you’re listening to (if you link a music account), and more. Sharing gameplay is fundamental to the Discord experience, so it’s turned on by default. But you can turn it off in your Settings at any time, and you’re in control of whether you connect other accounts to Discord. | |
| +Discord is designed to make communicating with the people you want to speak to as easy as possible. Posts appear in text channels in the order in which they’re made. Voice and video communication happens in real time. We may build features that help you create content and communicate with others, join conversations more easily, or may highlight content and activity available to you on Discord that might be of interest. Discord was also designed to make it easy to share what you’re up to. You can stream what you’re doing on your device, or you can share your status, including what game you're playing, what song you’re listening to (if you link a music account), and more. Sharing gameplay is fundamental to the Discord experience, so it’s turned on by default. You can turn it off in your Settings at any time, and you’re in control of whether or not you connect other accounts to Discord. | |
| Discord’s services may be personalized to each user based on their activity, so that you can see content and communities that may be of interest to you. You can control whether and to what extent Discord personalizes your experience in your Settings. | |
| We’re actively developing new features and products to improve Discord. As part of these efforts, we may add or remove features, start offering new services, or stop offering some services entirely (or just in some places or for some users) if they no longer make sense from a business perspective or create risk for Discord, our users, or other third parties. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your content may not be retrievable due to such outages or changes. We are not liable for any such outages or service changes. | |
| - | |
| - | |
| Your Discord account | |
| To access the services on an ongoing basis, you will need to create a Discord account. You can provide a username and password, and a way of contacting you (such as an email address and/or phone number). You’ll also need to provide your birthday. In some cases, you may be required to verify your account or provide additional information. | |
| \ No newline at end of file | |
| @@ -92,10 +84,8 @@ | |
| If you get locked out of your account, we’ll need to contact you at the email or phone number associated with your account. If your account is compromised or you no longer have access to your email account or phone number, we may not be able to restore your access to your account or the servers you’ve created. | |
| -You agree not to license, sell, or transfer your account without our prior written approval. | |
| +You agree not to license, sell, lend, or transfer your account, Discord username, vanity URL, or other unique identifier without our prior written approval. We also reserve the right to delete, change, or reclaim your username, URL, or other identifier. | |
| - | |
| - | |
| Content in Discord’s services | |
| Your Content | |
| When we say “your content” in these terms, we mean all the things you add (upload, post, share, stream, etc.) to our services. This includes text, links, GIFs, emoji, photos, videos, documents, or other media. If we come up with another way for you to add content to the services, it includes that too. | |
| \ No newline at end of file | |
| @@ -117,15 +107,13 @@ | |
| We welcome feedback on our services. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you. | |
| Discord’s content | |
| -Our services include some content that belongs to us, such as the design of our apps and websites, our art and images, and content written by us. You may use this content as permitted by these terms, but we retain all intellectual property rights in our content. | |
| +Our services include some content that belongs to us, such as the design of our apps and websites, our art and images, and content written by us. You may use our software as outlined in these terms. You may only use our trademarks (or other brand indicia) and copyrights as permitted in our Brand Guidelines or with our prior written permission. We retain all intellectual property rights in our content. | |
| Other content | |
| -Other people’s content. Our services might also provide you with access to other people’s content. You may not use this content without that person’s consent, or as allowed by law. Other people’s content is theirs and doesn’t necessarily reflect Discord’s own views. Discord doesn’t endorse or verify the accuracy or reliability of content shared by Discord users. We work hard to try to make Discord a safe, positive, and inclusive place, but cannot prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove content at our discretion. | |
| +Other people’s content. Our services might also provide you with access to other people’s content. You may not use this content without that person’s consent, or as allowed by law. Other people’s content is theirs and doesn’t necessarily reflect Discord’s own views. Discord doesn’t endorse or verify the accuracy or reliability of content shared by Discord users. We work hard to try to make Discord a safe, positive, and inclusive place, but cannot always prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove content at our discretion. | |
| Third party features and content. Our services may also allow you to access third-party websites, features, apps, or other content. We provide you access only as a convenience to you, and are not responsible for the content or services available from these websites or resources. | |
| - | |
| - | |
| Software in Discord’s services | |
| License to our software. Some of our services allow you to download client software. So long as you comply with these terms, we grant you a worldwide, non-exclusive, personal, and non-assignable license to download, install, and run that software, solely to access our services. | |
| \ No newline at end of file | |
| @@ -141,50 +129,41 @@ | |
| We respect the intellectual property of others and expect our users to do the same. See our Copyright & IP Policy for information on how to file a copyright complaint. | |
| Discord’s paid services | |
| -We won’t charge you a fee to use the basic functionality of our services, but you may be able to pay for additional features and products. Discord’s Paid Services Terms also apply to any purchase you make using Discord’s supported purchase flows, and you may also be asked to agree to separate terms before purchasing or selling new offerings through Discord. | |
| +We won’t charge you a fee to use the basic functionality of our services, but you may be able to pay for additional features and products. Discord’s Paid Services Terms also apply to any purchase you make using Discord’s supported purchase flows, and you may also be asked to agree to separate terms such as our Monetization Terms before purchasing or selling new offerings through Discord. | |
| - | |
| - | |
| Restrictions on your use of Discord’s services | |
| -When using our services, you must comply with these terms and all applicable laws, rules, and regulations, and you must only use the services for authorized and acceptable purposes. You must also adhere to our Community Guidelines and other policies, which contain more detailed rules about your content and behavior when using Discord. Fundamentally, do not do, try to do, or encourage or help others to do any of the following: | |
| +When using our services, you must comply with these terms and all applicable laws, rules, and regulations, and you must only use the services for authorized and acceptable purposes. You must also adhere to our Community Guidelines and other policies, which contain more detailed rules about your content and behavior when using Discord and how we enforce them on Discord. Fundamentally, do not do, try to do, or encourage or help others to do any of the following: | |
| Don’t use the services to do harm to yourself or others. Among other things, this includes trying to gain access to another user’s account or any non-public portions of the services, infringing anyone else’s intellectual property rights or any other proprietary rights, exploiting, harassing, bullying, spamming, auto-messaging, or auto-dialing people through our services. | |
| -Don’t use the services to do harm to Discord. Among other things, this includes trying to gain access to or attacking our systems, scraping us, transmitting viruses or other malicious code to our services, abusing or defrauding us or our payment systems, copying our product or using our intellectual property without permission, and misusing our reporting or customer service mechanisms. | |
| +Don’t use the services to do harm to Discord. Among other things, this includes trying to gain access to or attacking our systems, scraping our services without our written consent, transmitting viruses or other malicious code to our services, abusing or defrauding us or our payment systems, copying our product or using our intellectual property without permission, and misusing our reporting or customer service mechanisms. | |
| Don’t use the services to do anything else that’s illegal. This includes using the services to plan or commit any crime or do anything else that is illegal. | |
| -We encourage you to report content or conduct that you believe violates these restrictions. | |
| +We encourage you to report content or conduct that you believe violates these restrictions. You can learn more about our approach to safety and content moderation in our Safety Center. | |
| - | |
| - | |
| Termination | |
| Your right to terminate. You’re free to stop using Discord’s services at any time and for any reason. To terminate this agreement, you may delete your Discord account through the Settings page in the Discord app (the gear icon next to your username) and discontinue use of the services. Certain provisions of these terms will survive termination as outlined below in the “Survival” section. | |
| Disabling your account limits the processing of your personal information as described in our Privacy Policy. Disabling your account does not terminate this agreement. | |
| -Our right to terminate. Subject to applicable law, we reserve the right to suspend or terminate your account and/or your access to some or all of our services with or without notice, at our discretion for the following reasons: | |
| +Our right to terminate. Subject to applicable law, we reserve the right to suspend or terminate your account and/or your access to some or all of our services with or without notice, at our discretion for any reason, or for the following reasons: | |
| -You breach these terms, our policies, or additional terms that apply to specific products. | |
| +You breach these terms, our Community Guidelines, our other policies, or additional terms that apply to specific products. | |
| We’re required to do so to comply with a legal requirement or court order. | |
| We reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties. | |
| Your account has been inactive for more than two years. | |
| Continuing to allow your account to be active, giving you access to some or all services, or hosting your content creates risk for Discord, other users, or third parties. | |
| -However, we will give you advance notice if reasonable to do so or required by applicable law. | |
| +However, we will give you advance notice if reasonable to do so or required by applicable law. | |
| - | |
| - | |
| Appeals | |
| -You can appeal any enforcement action we take under these terms, including terminations, suspensions, or content removals, here: https://dis.gd/request. | |
| +We value transparency and work hard to give you context for the decisions we make. You can appeal any enforcement action we take under these terms or other policies, including terminations, suspensions, or content removals through this form or available in-app options. If you reside in the European Economic Area, your appeal must be submitted within six months of the relevant decision. | |
| - | |
| - | |
| Indemnity | |
| If you are using the services on behalf of a business or legal entity and not in an individual capacity, then you will indemnify and hold Discord and its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our services, (b) your content, or (c) your violation of these terms. | |
| - | |
| - | |
| Services “AS IS” | |
| We work hard to offer great services, but there are certain aspects that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, DISCORD, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS. | |
| - | |
| +Data Charges | |
| +You are responsible for any mobile charges that you may incur for using our services. This includes data charges and charges for messaging, such as SMS, MMS, or other messaging protocols or technologies. If you are not sure what you may be charged, you should ask your mobile service provider before using our services. | |
| Limitation of liability | |
| WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. IN COUNTRIES WHERE THE BELOW TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR MATERIAL BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. | |
| \ No newline at end of file | |
| @@ -199,14 +178,12 @@ | |
| THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DISCORD AND YOU. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY. | |
| - | |
| - | |
| 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 sending Discord a written description of the dispute (including your name, what you’re complaining about, and how you’d like to resolve it) along with the email address or phone number associated with your Discord account to disputes@discord.com. 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 the further dispute resolution provisions below. You must engage in this informal resolution process before starting any formal dispute resolution. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled while the parties attempt informal resolution. | |
| +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 disputes@discordapp.com a 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 disputes@discordapp.com, 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. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court. | |
| +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 disputes@discordapp.com, 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 of these disputes that are 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. | |
| +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 residing in the European Union, this clause and these terms in general do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the services and/or these terms shall be submitted to the exclusive jurisdiction of the court of Amsterdam, the Netherlands or, if you are a consumer, to a court closer to your domicile if in an EU Member State. | |
| \ No newline at end of file | |
| @@ -216,9 +193,9 @@ | |
| You and Discord agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Except for the circumstances described below, and only after the parties have engaged in a good-faith, but unsuccessful, effort to resolve the dispute in accordance with the “informal resolution” process (above), you and Discord agree to resolve any dispute, disagreement, or claim relating to these terms or our services through final and binding arbitration in the U.S. county where you reside. This includes claims that arose, were asserted, or involve facts occurring before the existence of this arbitration agreement or any prior agreement as well as claims that may arise after the termination of this arbitration agreement, in accordance with the notice and opt-out provisions set forth in section. | |
| -Arbitration rules. The arbitration will be conducted by a single arbitrator, governed by these terms and the American Arbitration Association Rules, excluding any rules or procedures governing or permitting class or representative actions (the “AAA Rules”), available at https://www.adr.org/active-rules. These terms will govern if there’s a conflict between these terms and the AAA Rules. To begin the arbitration proceeding, either party must submit a written Demand for Arbitration (available at www.adr.org) with the AAA and provide a copy to the other party as specified in the AAA Rules. To provide notice to Discord, please send an email with the subject line “Arbitration Demand” to disputes@discord.com. | |
| +Arbitration rules. The arbitration will be conducted by a single arbitrator, governed by these terms and the American Arbitration Association Rules, excluding any rules or procedures governing or permitting class or representative actions (the “AAA Rules”), available at https://www.adr.org/active-rules. These terms will govern if there’s a conflict between these terms and the AAA Rules. To begin the arbitration proceeding, either party must submit a written Demand for Arbitration (available at www.adr.org) with the AAA and provide a copy to the other party as specified in the AAA Rules. To provide notice to Discord, please send an email with the subject line “Arbitration Demand” to disputes@discordapp.com. | |
| -If the amount in controversy does not exceed $10,000, and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Discord submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which may be in-person, videoconference, or telephone conference. | |
| +If the amount in controversy does not exceed $10,000, and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Discord submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which may be in-person, videoconference, or telephone conference. | |
| Arbitration costs. AAA sets forth fees for its services, which are available at www.adr.org/sites/default/files/Consumer-Fee_Schedule.pdf. If Discord is the party initiating an arbitration against you, Discord will pay all costs associated with the arbitration, including the entire filing fee. If you initiate an arbitration against Discord, you will be responsible for the first $100 toward the nonrefundable Initial Filing Fee, unless the arbitrator determines that you are unable to pay, in which case Discord will pay the entire filing fee. For cases seeking less than $75K, Discord will pay the remainder of the Initial Filing Fee and both parties’ Administrative fees (unless the arbitrator finds your claims, defenses, or other fee-generating activity to be conducted for an improper purpose or frivolous (under the standard set forth in Federal Rule of Civil Procedure 11). For cases seeking more than $75K, fees and costs will be determined in accordance with AAA Rules. | |
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| @@ -242,9 +219,9 @@ | |
| Other remedies. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. In some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND DISCORD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law. | |
| -Opt-out. You can decline this agreement to arbitrate by emailing an opt-out notice to arbitration-opt-out@discord.com within 30 days of March 27, 2023 or when you first register your Discord account, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Discord also will not be bound by them. | |
| +Opt-out. You can decline this agreement to arbitrate by emailing an opt-out notice to arbitration-opt-out@discord.com within 30 days of April 15, 2024 or when you first register your Discord account, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Discord also will not be bound by them. | |
| -Exceptions. You or Discord may still pursue claims, if they qualify, in small claims court in San Francisco County, California, or any U.S. county where you live or work. The small claims court, and not any arbitrator or AAA, shall have the exclusive authority to resolve disputes regarding whether a dispute is properly within the jurisdiction of a small claims court. Additionally, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of our services will not be subject to arbitration. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action. | |
| +Exceptions. You or Discord may still pursue claims, if they qualify, exclusively in small claims court in San Francisco County, California, and you and Discord both consent to venue and personal jurisdiction in that court. The small claims court, and not any arbitrator or AAA, shall have the exclusive authority to resolve disputes regarding whether a dispute is properly within the jurisdiction of a small claims court. Additionally, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of our services will not be subject to arbitration. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action. | |
| Class waiver. IF YOU’RE A U.S. RESIDENT, EXCEPT AS PROVIDED HEREIN, YOU AND DISCORD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, UNLESS DISCORD PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING. If this specific paragraph is found unenforceable, then the “Agreement to arbitrate” section will be null and void. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This subsection does not prevent you or Discord from participating in a class-wide settlement of claims. | |
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| These terms grant a non-transferable license to use the Discord App on any Apple/Mac product that you might own or control and as permitted by Apple’s policies. Apple has no obligation to furnish any maintenance and support services with respect to the Discord app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the app purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Discord app. Apple is not responsible for addressing any claims by you or any third party relating to the Discord app or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Discord app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the Discord app infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these terms, and upon acceptance of the terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the Discord app. | |
| - | |
| - | |
| Contacting each other | |
| -If you have any questions about these terms, please contact us at privacy@discord.com. We may send you electronic communications related to our services. Where required, we’ll get your consent before sending you direct marketing, and we’ll make it easy for you to opt out. | |
| - | |
| - | |
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| +If you have any questions about these terms, please contact us at privacy@discord.com. We may send you electronic communications related to our services. Where required, we’ll get your consent before sending you direct marketing, and we’ll make it easy for you to opt out. | |
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