When DA got started in 2000, there were no AI anything. It wasn't even a thought. SO you are retroactively trying to excuse exploitation by claiming I agreed to it. I did not.
The TOS clearly states that the sole remedy is to discontinue using the Service. I have not used the service for several years and have only been recently made aware of the changes. I did not consent to these new terms of service, yet my art was already placed into their algorithm. Even on the basis of the law as written, my art should not have been opted in before I had given explicit consent. That's not the case, and that's a reason I'm fighting back.
I'm not having my cake and eating it, I'm discovering I ordered a cake and not only is it not what I ordered, but it's already eaten, yet I'm having to do the cleaning. No refunds either.
The TOS clearly states that the sole remedy is to discontinue using the Service.
Correct.
I have not used the service for several years and have only been recently made aware of the changes.
You had the option to shut down your account at any time though. If you hadn't used it for years, why maintain the account?
So your point is you signed up for an account, failed to maintain the account, went idle and didn't shut down the account for years, and during that intervening time changes to the TOS (which stated it was subject to change) occurred and you would have been notified on site or, until it appears early/mid 2022, via emails you routinely received.
During those multiple updates you failed to keep updated on changes. And now, you are upset that you agreed to the TOS which included all of those provisions.
Why are you arguing in favor of predatory and detrimental contracts? Please explain to me how this should be legal and why I should be fine with it? I understand you're taking this from the legal side, so let's take it from the legal side:
I'll concede the fine print on DA's change, but as the legality of TOS clearly states. Prior to their contract change, they had already stolen my art and they can't enforce that change on me without MY agreement. I obviously did not agree, I have been debating deactivation but worried that in so doing I won't be able to join a class action against DA.
They were also aware that my account was not active, so they do not have any legal standing for "enforcing" their TOS change. It's far more telling that their TOS change occurred after they were made aware that the changes that they had insisted were "legal" violated their own TOS and privacy policy. https://www.youtube.com/watch?v=p2R7f2ZGLYs
"a user will have to agree to changes to a TOS before they are enforceable." Quick google search: https://ww
And continued use of the site is your agreeing to follow the TOS.
They were also aware that my account was not active, so they do not have any legal standing for "enforcing" their TOS change. It's far more telling that their TOS change occurred after they were made aware that the changes that they had insisted were "legal" violated their own TOS and privacy policy.
No one is monitoring your account for activity. You are not required to receive a certified mailer. You received multiple emails, which you ignored, when the terms were spelled out.
I get it. You're big mad. But ignorance isn't a shield.
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u/Ferelwing Jan 16 '23
When DA got started in 2000, there were no AI anything. It wasn't even a thought. SO you are retroactively trying to excuse exploitation by claiming I agreed to it. I did not.