Comment on New Discord TOS binds you to forced arbitration - Opt-Out Now

Banzai51@midwest.social ⁨8⁩ ⁨months⁩ ago

• jarfil@beehaw.org ⁨8⁩ ⁨months⁩ ago

  That’s false.

  Any contract is legally binding… except for the parts that go against the law.

  I’d suggest consulting a lawyer knowledgeable of your particular jurisdiction, before deciding which part may or may not be binding.

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  • veniasilente@lemm.ee ⁨8⁩ ⁨months⁩ ago

    Any contract is legally binding

    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).

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    • jarfil@beehaw.org ⁨8⁩ ⁨months⁩ ago

      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.

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      • veniasilente@lemm.ee ⁨8⁩ ⁨months⁩ ago

        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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