If you use Discord then you might want to take a look at the measures to opt-out of the new terms of service agreement that the company is using, which effectively prohibits users from forming a class-action against them if any lawsuit crops up.
An archive of the updated terms of service captured on October 18th, 2018 reveals that starting October 23rd, 2018 the new terms of service agreement will go into effect. The new service agreement has a section dedicated to Discord waiving the rights of users to a class-action suit, and enforcing them to comply with settling all disputes with the company through arbitration. There are two sections covering this topic under the “Dispute Resolution” and “Class Waiver”.
The Dispute Resolution breaks down how all disputes involving Discord and user(s) must be handled through a third-party arbitrator. The next section talks about waiving your rights to a class-action lawsuit, where it states…
“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.”
There is a silver lining to this update.
Over on the Discord sub-reddit there’s a thread that helps users identify the opt-out procedure for the new terms of service that waives your rights to a class-action suit.
The Reddit thread succinctly explains how to opt-out of the TOS as well as the significance of why this update to the terms could seriously harm your rights and privacy data…
“Unfortunately, this change comes with a revocation of your legal rights. Discord has revoked your right to sue (you must go through an arbitrator) and to congregate as a class action lawsuit.
Luckily, there is an opt-out for the clause, in which you must email [email protected], but you must do it within 30 days or you can no longer opt-out.
“YOU CANNOT DELETE OR DEACTIVATE YOUR ACCOUNT TO OPT-OUT OF THE ARBITRATION CLAUSE” […]
“[…] Without the ability to congregate for a class action lawsuit, if Discord ever leaks your data or does something catastrophically bad to a large portion of the population you have no way to representatively sue together without each of you individually suing via the arbitrator.
“[…] By learning about this I hope that you will be more conscious about these arbitration clauses and how anti-consumer they are. You can’t change the past, but you surely can’t predict the future either.”
As noted within the terms of service page on the Discord website, you’ll need to send the notice to the Discord e-mail account within 30 days of the new terms of service agreement taking effect, or within 30 days of the creation of your account with Discord. If you fail to opt-out within 30 days, then you will be subject to the new arbitration section within the terms of service.
In addition to Discord banning partner servers from hosting content that could be deemed not safe for work, as well as shutting down servers deemed “Alt-Right” or containing “Nazi” content, it appears Discord is attempting to reduce the possibility of ending up in a class-action lawsuit either for the things they’ve done in the past or the things they might do in the near future.
(Thanks for the news tip Richard)
(Main image courtesy of LisaM)