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Safety Center
Overview

Controlling Your Experience
Four steps to a super safe accountFour steps to a super safe serverRole of
administrators and moderators on DiscordReporting problems to DiscordMental
health on DiscordAge-Restricted Content on DiscordTips against spam and hacking

Parents & Educators
What is Discord?Discord's commitment to a safe and trusted experienceHelping
your teen stay safe on DiscordTalking about online safety with your
teenAnswering parents' and educators' top questionsIf your teen encounters an
issueWorking with CARU to protect users on Discord

How We Enforce Rules
Our policiesHow we investigateWhat actions we takeHow you can appeal our
actionsDiscord's Transparency ReportsWorking with law enforcement
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Moderator Academy
Overview

Basics
100: An Intro to the DMA103: Basic Channel Setup104: How To Report Content To
Discord110: Moderator Etiquette111: Your Responsibilities as a Moderator151: An
Intro to the Moderator Ecosystem

Setup and Function
201: Permissions on Discord202: Handling Difficult Scenarios203: Developing
Server Rules204: Ban Appeals205: Utilizing Role Colors206: Best Practices for
Reporting Tools207: Server Information and Announcement Channels208: Channel
Categories and Names210: Moderator Recruitment211: Creating Moderation Team
Channels231: Fundamentals of Family-Friendly Servers241: Securing Your Discord
Account

Advanced Community Management
301: Implementing Verification Gates302: Developing Moderator Guidelines303:
Facilitating Positive Environments304: Moderating Safely and Securely310:
Managing Moderation Teams311: Understanding and Avoiding Moderator Burnout312:
Internal Conflict Resolution313: How to Moderate Voice Channels314: Training and
Onboarding New Moderators321: Auto Moderation in Discord322: Using Webhooks and
Embeds 323: Using XP Systems324: Using Modmail Bots331: Community Engagement332:
Fostering Healthy Communities333: Planning Community Events334: Community
Partnerships341: Understanding Your Community Through Insights345: Best
Practices for Moderating Content Creation

Moderation Seminars
401: Transparency in Moderation402: Confidentiality in Moderation403: Sensitive
Topics404: Considering Mental Health in Your Community 405: Practicalities of
Moderating Adult Channels407: Managing Exponential Membership Growth431: Ethical
Community Growth432: Internationalization of a Community441: Community
Governance Structures442: Using Insights to Improve Community Growth and
Engagement443: Ban Evasion and Advanced Harassment444: Managing Interpersonal
Relationships451: Reddit X Discord452: Twitch X Discord453: Patreon X
Discord455: Schools X Discord459: Bringing Other Communities to Discord

Graduate
531: Parasocial Relationships541: The Application of Metaphors in Moderation


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Archived Versions


DISCORD'S TERMS OF SERVICE

EFFECTIVE: APRIL 15, 2024

LAST UPDATED: MARCH 15, 2024

1.
Who we are
2.
Age requirements and responsibility of parents and legal guardians
3.
What you can expect from us
•

•

•

4.
Your Discord account
5.
Content in Discord’s services
•
Your Content
•
Discord’s content
•
Other content
6.
Software in Discord’s services
7.
Copyright
8.
Discord’s paid services
9.
Restrictions on your use of Discord’s services
10.
Termination
11.
Appeals
12.
Indemnity
13.
Services “AS IS”
14.
Data Charges
15.
Limitation of liability
16.
Settling disputes between you and Discord
17.
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.

‍IMPORTANT NOTE: The section titled “Settling Disputes Between You and Discord”
contains an arbitration clause and class-action waiver that applies to all
U.S.-based Discord users. Please read this section carefully as it may
significantly affect your legal rights, including your right to file a lawsuit
in court.

When we say “Discord,” “we,” “us,” and “our” in these terms, we mean Discord
Inc., its subsidiaries, and its related companies.

When we say “services” in these terms, we mean Discord’s services, apps,
websites, and other products.

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, 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, including items that you can purchase from us
or others. Additional terms may apply to those purchases.

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 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 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. 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 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. 

You are responsible for the security of your account, and you agree to notify us
immediately if you believe your account has been compromised. If you use a
password, it must be strong, and we (strongly) recommend that you use that
password only for your Discord account and that you enable two-factor
authentication. 

You must always provide accurate information to Discord and maintain the
accuracy of the information associated with your account. We may assume that any
communications we’ve received from your account or the associated contact
information have been made by you, and that any purchases made using your
account were made by you. 

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, 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.

You don’t have any obligation to add content to the services. If you choose to
add content to the services, you are responsible for ensuring that you have the
right to do so, that you have the right to grant the licenses in this section of
these terms, and that your content is lawful. We take no responsibility for any
of your content, and we are not responsible for others’ use of your content.

Our services allow users to add content in a number of different ways, including
via direct messages, group direct messages, and in small and large servers. Some
of these servers may be larger spaces, and if you share content within them,
that content may be more likely to be accessed by a lot of people. For example,
some servers are available in the Server Discovery section of the app and do not
require an invite link to join. Other server owners may publish their server
invite link on public websites. Anyone can access these spaces. You should be
aware that these permissions are set by server owners or admins, and they may
change over time. Please understand where you are posting on Discord,
familiarize yourself with the relevant server permissions when joining and
posting in a certain space, and choose the right space, features, and settings
for you and your content. 

Your content is yours, but you give us a license to it when you use Discord.
Your content may be protected by certain intellectual property rights. We don’t
own those. But by using our services, you grant us a license—which is a form of
permission—to do the following with your content, in accordance with applicable
legal requirements, in connection with operating, developing, and improving our
services:

 * Use, copy, store, distribute, and communicate your content in manners
   consistent with your use of the services. (For example, so we can store and
   display your content.)
 * Publish, publicly perform, or publicly display your content if you’ve chosen
   to make it visible to others. (For example, so we can display your messages
   if you post them in certain servers or recommend that content to others.)
 * Monitor, modify, translate, and reformat your content. (For example, so we
   can resize an image you post to fit on a mobile device.)
 * Sublicense your content, to allow our services to work as intended. (For
   example, so we can store your content with our cloud service providers.)

This license is worldwide, non-exclusive (which means you can still license your
content to others), royalty-free (which means there are no fees for this
license), transferable, and perpetual.

We reserve the right to block, remove, and/or permanently delete your content if
it is in breach of these terms, our Community Guidelines, our other policies, or
any applicable law or regulation, or if it creates risk for Discord or
negatively impacts the experience or interests of other Discord users to
continue to make it available.

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
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 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.

You may not copy, modify, create derivative works based upon, distribute, sell,
lease, or sublicense any of our software or services. You also may not reverse
engineer or decompile our software or services, attempt to do so, or assist
anyone in doing so, unless you have our written consent or applicable law
permits it.

Although we are granting you this license, we retain any intellectual property
rights we have in our software and services.

Open source. Some of Discord’s services include software subject to separate
open source license terms, and your use of those services are subject to your
compliance with those license terms, when applicable. We encourage you to review
them, as some licenses may explicitly override these terms.

Third-Party Services. Discord may allow you to access apps, bots, or other
products, features, or services developed by third parties (“third-party
services”). It’s your choice whether to use these third-party services and
whether to participate in Discord servers that incorporate them. You should
review any terms and policies provided by the third parties before doing so as
they govern your use of their services. While these third parties do need to
follow all policies that apply to them (which may include these Terms, our
Community Guidelines, Developer Terms of Service, and Developer Policy), Discord
is not responsible for any third-party services.


COPYRIGHT

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 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 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 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. 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 any reason, or for the
following reasons:

 * 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.


APPEALS

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.

THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY
FOR INFORMATIONAL PURPOSES. WE DO NOT CONFIRM THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS
SOLELY AT YOUR OWN RISK.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEITHER
DISCORD, ITS AFFILIATES, NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS
OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR
SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR
IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE
SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
DISCORD OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE,
EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.

BESIDES THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS
SECTION), DISCORD LIMITS OUR LIABILITY TO YOU TO THE GREATER OF (A) THE AMOUNTS
YOU HAVE PAID US IN THE THREE MONTHS BEFORE YOU FIRST ASSERT A CLAIM OR (B) $100
USD (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY).

DISCORD ISN’T LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF
ANY USER OF OUR SERVICES.

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 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
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 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.

Agreement to arbitrate.

‍IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY
ARBITRATION PROVISIONS.  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 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@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. 

‍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. 

In all arbitrations, unless otherwise required by law or the AAA Rules, you’re
responsible for all other additional arbitration costs incurred, including
attorney’s fees and expert witness costs. The parties agree that AAA has
discretion to modify the amount or timing of any administrative or arbitration
fees due under AAA’s Rules where it deems appropriate, provided that such
modification does not increase the costs to you, and you waive any objection to
such fee modification. The parties also agree that a good-faith challenge by
either party to the fees imposed by AAA does not constitute a default, waiver,
or breach of this Section while such challenge remains pending before AAA, the
arbitrator, and/or a court of competent jurisdiction.

Offer of Judgment. At least 14 days before the date set for an arbitration
hearing, any party may serve an offer in writing upon the other party to allow
judgment on specified terms. If the offer made by the offering party is not
accepted by the other party, and the other party fails to obtain a more
favorable award, the other party will not recover its post-offer costs and will
pay the offering party’s costs from the time of the offer.

Arbitration Decision. The decision of the arbitrator will be in writing and
binding on you and Discord, and judgment to enforce the decision may be entered
by any court of competent jurisdiction. You and Discord agree that dispositive
motions will be allowed in the arbitration. Except as explicitly set forth in
this arbitration section, the arbitrator, and not any federal, state or local
court or agency, shall have exclusive authority to resolve all disputes arising
out of or relating to the interpretation, applicability, enforceability or
formation of these terms of service, including, but not limited to any claim
that all or any part of these terms of service are void or voidable, whether a
claim is subject to arbitration, and any dispute regarding the payment of AAA or
arbitrator fees (including the timing of such payments and remedies for
nonpayment). The arbitrator must follow these terms and can award the same
damages and relief as a court. The arbitrator has the right to impose sanctions
in accordance with the AAA Rules and procedures for any frivolous claims,
improper claims, or submissions the arbitrator determines have not been filed in
good faith, as well as for a party's failure to comply with this Section or
claims filed on behalf of a claimant who is not party to this agreement. No
arbitration award or decision will have any preclusive effect as to issues or
claims in any dispute with anyone who is not a named party to the arbitration.  

Mass filings. If, at any time, 30 or more similar demands for arbitration are
asserted against Discord or related parties by the same or coordinated counsel
or entities (“Mass Filing”), these additional rules will apply:

If you or your counsel file a demand for arbitration that fits within the
definition of Mass Filing, you agree that your demand for arbitration will be
subject to the additional protocols set forth in this mass filing subsection.

Bellwether proceedings are encouraged by courts and arbitration administrators
when there are multiple disputes involving similar claims against the same or
related parties. You and Discord agree to jointly ask the arbitrator to agree to
the following procedures: The arbitrator will randomly assign sequential numbers
to each of the claims included in a Mass Filing, after which the claims numbered
1-10 will be designated the “Initial Test Cases” and will proceed to
arbitration. The Parties agree to decide on a single arbitrator for all Initial
Test Cases and to consolidate the cases for pre-hearing procedures and the
pre-hearing conference. Unless the claims are resolved in advance or the
schedule is extended, the arbitrator will render final awards for the Initial
Test Cases within 120 days of the initial pre-hearing conference. If fewer than
5 Initial Test Cases resolve without a final decision of the arbitrator because
they are resolved in advance, cases will be selected in batches of 10 and will
proceed to arbitration until at least 5 have been resolved by a final arbitrator
decision. The arbitrator’s decisions for the Initial Test Cases shall be in
writing and shall contain the essential findings and conclusions of fact and law
upon which the arbitrator based the decision.  

The results of the Initial Test Cases resolved by a final arbitrator decision
will then be given to a mediator who will try to facilitate a resolution of the
remaining cases. After the results are provided to the mediator, the mediator
and the parties will have 90 days (the “Mediation Period”) to agree on a
resolution or substantive methodology for resolving the outstanding cases. If
the parties are unable to resolve the outstanding claims during the Mediation
Period, either Party may choose to opt out of the arbitration process and
proceed in court with its remaining claims. Notice of the opt-out will be
provided in writing within 60 days of the close of the Mediation Period.  Opt
out of arbitration under this section shall not be construed as opt out of the
section titled “Class Waiver” below. 

Absent notice of an opt-out, the arbitrations will proceed in the order
determined by the sequential numbers assigned to claims in the Mass Filing.  

If your demand for arbitration is included in the Mass Filing, any statute of
limitations applicable to your claims will remain tolled until your demand for
arbitration is decided, withdrawn, or is settled.

‍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 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,
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.

Changes to this Dispute Section: Discord will provide 30 days’ notice of the
date of any material changes to this clause. Changes will become effective on
the 30th day and apply to all claims not yet filed. If you continue to use the
site after the 30th day, you agree that any unfiled claims of which Discord does
not have actual notice are subject to the revised clause. If you reject any such
changes by opting out of the arbitration agreement, you may exercise your right
to a trial by jury or judge, as permitted by applicable law, but any prior
existing agreement to arbitrate disputes under a prior version of the
arbitration agreement will not apply to claims not yet filed. If Discord changes
this “Dispute Resolution” section after the date you first accepted this
agreement (or accepted any subsequent changes to this agreement), you agree that
your continued use of the Discord product(s) or services 30 days after such
change will be deemed acceptance of those changes. If you do not agree to such
change, you may opt out by providing notice as described in this section.


MORE IMPORTANT STUFF

You have certain rights that, by law, can’t be limited by these terms, and we in
no way intend to restrict those rights in these terms.

Entire agreement. These terms cover the entire agreement between you and Discord
for your use of our services.

Additional terms. Where additional terms apply to our products or services, the
additional terms will control with respect to your use of that product or
service to the extent of any conflict with these terms.

Bug reporting. We support the responsible reporting of security vulnerabilities.
To report a security issue, please visit https://discord.com/security.

Export Control. You agree to comply with all applicable import, export, and
re-export control laws and restrictions, including but not limited to those of
the European Union and its member states, the U.S. Department of Commerce Export
Administration Regulations (“EAR”) and economic sanctions maintained by the U.S.
Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms
Regulations (“ITAR”), and will not use the services to cause a violation of such
laws or regulations. You agree to not use our services to store or distribute
content that is subject to export controls, unless you have obtained all
required government export authorizations. Further, you represent and warrant
that you are not on any government list of prohibited or restricted parties, or
otherwise subject to equivalent restrictions, as specified in the laws and
regulations listed above or in your country’s laws. You may not download or use
our services if you are located in a country or region subject to U.S. or E.U.
government embargo (including Cuba, Iran, North Korea, Syria, and the Crimea
region) unless that use is authorized by the United States and other relevant
authorities.

Waiver, severability, and assignment. If you fail to follow these terms and we
don’t immediately act, that doesn’t mean we’re giving up any of our legal rights
(such as acting in the future). If any part of these terms ends up being invalid
or unenforceable based on a decision by any court or competent authority, the
rest of these terms will not be affected. You may not assign these terms to
anyone else without our written consent. We may assign our rights to any of our
affiliates or subsidiaries, or to any successor in interest of any business
associated with our services.

Survival. Any part of these terms that by their nature should survive after
termination of these terms will survive. As permitted under applicable law, this
includes but may not be limited to the following:

 * Our rights to retain and display certain data;
 * Any amounts owed will remain due;
 * Any indemnification obligations (as applicable) such as those listed under
   the “Indemnity” section;
 * Any disclaimer of warranties such as those under the “Services ‘AS IS’”
   section;
 * Any applicable limitation of liability such as those under the “Limitation of
   Liability” section;
 * Any dispute resolution provisions, including the arbitration agreement, such
   as those under the “Settling disputes between you and Discord” section.

Updates to these terms. We may decide to update these terms: (1) to reflect
changes to our services or our business, (2) for legal or regulatory reasons,
(3) to prevent abuse on or of our services, or (4) to better protect or serve
users of our services. If these changes materially affect your Discord use or
your legal rights, we’ll give you reasonable advance notice (unless the updates
are urgent). If you continue to use our services after the changes have taken
effect, it means that you agree to the changes. If you don’t agree, you must
stop using our services.

Apple App Store. If you download the Discord app from the Apple App Store or use
our app on an iOS device, the below paragraph applies to you.

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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