Every day, we work to make our platform the best it can be, which includes regularly revisiting our terms and policies (also known as our House Rules) to make sure they meet the needs of our growing community and allow us to continue to support you. Today, we’re sharing a few updates that go into effect on September 15, 2024.
We’ve made some changes to our dispute resolution clause (section 11) for users in North and South America, with updates to our arbitration procedures for smaller matters and for coordinated or “mass” arbitrations (with 25 or more claimants). We have also updated the choice of law that’s applicable to the Terms. As before, the arbitration agreement includes a class action and jury waiver, which means we’ll be resolving most disputes in private, individual arbitration, and not in court. Please read this section carefully. We’ve added which entity acts as the merchant of record, depending on a buyer’s currency and location of your payment instrument.
So, if you’re upset at all you can’t sue, you can’t go to the courts, you have to sit in a an arbitration with someone we choose who (trust us) won’t be biased.
To add in, an annoyance for sure:
Effective July 29, our Adult Nudity and Sexual Content Policy introduces more rigorous guidelines regarding our prohibitions of nude or sexual content, as well as how to appropriately list certain mature content.
PSA: You can opt-out of arbitration clauses
You can not be forced to give up legal rights in a contract in the USA, and anytime an arbitration agreement in the US is pushed out onto the public like a big ol’ turd by the @55holes 5h!tting on us from up high, we have the legal tight to opt-out. This usually only lasts for a limited amount of time, typically 30 days after “agreeing” to the new TOS, and the process has to be done manually, like with an email or actual letter. Yes it’s a pain, they design it that way so less users will do it. But it can be done.
Disclaimer: I’m not a lawyer, just someone who knows his rights in this particular case in my particular locality.
Some companies will “require” that condition to have an account, but legally you have to be given the chance to opt-out and not be retaliated against for that choice. I haven’t had a single company refuse me an account or access for excluding myself from their arbitration clause, yet. However, I suppose it is a possibility, although I believe a very small one. Since it’s a legally protected right. However a business can refuse service, so it’s up to the individual to determine how they want to safeguard their rights or surrender them for services, based on their needs.
