Top Down Tabletop — Terms of Service & End User License Agreement
These Terms of Service and End User License Agreement (the “Terms”) form a binding agreement between you (“you” or “User”) and Pixel Forge Entertainment, LLC (“Pixel Forge,” “we,” “us,” or “our”) governing your access to and use of the Top Down Tabletop desktop application, the Top Down Tabletop mobile/web companion, and all related content, data, features, and services (collectively, the “Service”). By creating an account, checking the box indicating your agreement, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Acceptance & Eligibility
You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction (typically 18), you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13. By using the Service you represent that you meet these requirements and that the information you provide is accurate.
2. The Service; Unofficial Companion Disclaimer
Top Down Tabletop is an independent digital companion and assistance tool for physical tabletop and trading card games, including without limitation Dice Throne, Magic: The Gathering, the Pokémon Trading Card Game, Disney Lorcana, the One Piece Card Game, Star Wars: Unlimited, and Yu-Gi-Oh!. Top Down Tabletop is an unofficial, independent product. It is not affiliated with, endorsed by, sponsored by, or approved by any rights holder of any game referenced in the Service, including without limitation Roxley Games (Roxley Game Laboratory) and Dice Throne, Inc.; Wizards of the Coast LLC and Hasbro, Inc.; The Pokémon Company (International); Disney Enterprises, Inc. and Ravensburger AG; Bandai Co., Ltd. and Bandai Namco; Fantasy Flight Games and the Asmodee Group; Lucasfilm Ltd.; or Konami Digital Entertainment. All game names, logos, characters, card images, artwork, rules text, and marks referenced in or displayed through the Service are the trademarks and/or copyrighted works of their respective owners. Pixel Forge claims no ownership of and asserts no rights to that third-party intellectual property; such material is referenced solely to identify the physical games players already own, and the Service is intended for use by players who lawfully own the corresponding physical games. The Service provides tracking, cataloging, and community features only — it does not simulate gameplay, enforce game rules, provide deck building, or substitute for owning the physical games.
3. License to Use the Service
Subject to your continuous compliance with these Terms, Pixel Forge grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and our Content (defined below) solely for your own personal, non-commercial purposes. The Service and our Content are licensed, not sold. We reserve all rights not expressly granted to you.
4. Our Content & Intellectual Property
“Content” means all material we make available through the Service that is not third-party intellectual property described in Section 2, including without limitation our original strategy guides, character analyses, tips, matchup write-ups, tier assessments, commentary, compiled and curated data sets, databases, leaderboards and rankings, text, graphics, user interfaces, software, and the selection, coordination, arrangement, compilation, and presentation of all data within the Service. As between you and Pixel Forge, the Content is owned by Pixel Forge and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. We expressly claim copyright in the original selection, arrangement, compilation, and presentation of all information in the Service.
You may not, without our prior express written consent:
- copy, reproduce, republish, distribute, publicly display, transmit, sell, rent, lease, sublicense, or otherwise exploit any of our Content, in whole or in part;
- create derivative works from, or use our Content to build, train, populate, or improve any product, dataset, model, compilation, database, or directory;
- use our strategy tips, guides, character analyses, or compiled data for any commercial purpose; or
- remove, obscure, or alter any copyright, trademark, or other proprietary notice.
Certain Content — including login-gated strategy guides, character analyses, and compiled analytics — is made available only to authenticated, logged-in users and is treated by us as confidential and proprietary. You agree to maintain the confidentiality of such login-gated Content and not to disclose, publish, or redistribute it.
5. Prohibited Conduct; No Scraping or Automated Access
You agree that you will not, and will not permit or assist any third party to:
- use any robot, spider, scraper, crawler, bot, data-mining tool, harvesting tool, or other automated means or process to access, extract, harvest, copy, monitor, index, or aggregate any portion of the Service or Content without our prior express written permission;
- circumvent, disable, or interfere with any access controls, authentication, rate limiting, or security features of the Service, or access any area of the Service you are not authorized to access;
- access the Service through any automated or bulk means, or in a manner that imposes an unreasonable or disproportionately large load on our infrastructure;
- reverse engineer, decompile, or disassemble any part of the Service except to the extent that applicable law expressly permits despite this limitation;
- use the Service to infringe the intellectual property or other rights of any party, including the rights of the owners of Dice Throne or other referenced games;
- upload or transmit any malware, or engage in any harassing, abusive, fraudulent, or unlawful conduct; or
- cheat, manipulate rankings or statistics, or use the Service in any manner not expressly permitted by these Terms.
Access to the Service is authorized only through the interfaces we provide and only for the purposes permitted by these Terms. Any access that exceeds this authorization — including continued access after we have suspended, terminated, or revoked it — is unauthorized.
6. Accounts & Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate registration information, to keep it current, and to notify us immediately of any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account.
7. User-Generated Content
The Service may allow you to submit content such as a display name, profile information, chat messages, or other materials (“User Content”). You retain ownership of your User Content. By submitting User Content, you grant Pixel Forge a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, and distribute your User Content solely for the purpose of operating, providing, and improving the Service. You represent that you have the rights necessary to grant this license and that your User Content does not violate these Terms or any law.
8. Copyright Complaints (DMCA)
We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act. If you believe Content on the Service infringes your copyright, send a written notice containing the information required by 17 U.S.C. § 512(c)(3) to our designated agent: Pixel Forge Entertainment, LLC (Attn: DMCA Agent), 19943 Gatling Ct, Katy, TX 77449, United States, info@pixelforgearcade.com. We will respond to valid notices, provide counter-notice procedures, and terminate the accounts of repeat infringers in appropriate circumstances.
9. Suspension, Termination & Refusal of Service
We may, in our sole discretion, suspend, terminate, restrict, or refuse your access to all or part of the Service, with or without notice, for any lawful reason, including any actual or suspected violation of these Terms or conduct we deem harmful to the Service, other users, or us. Upon termination, the licenses granted to you end and you must cease all use of the Service and Content.
Non-discrimination. Nothing in these Terms authorizes us to refuse, suspend, or terminate service on the basis of race, color, religion, sex, national origin, disability, or any other characteristic protected by applicable federal, state, or local law. Our discretion to refuse or terminate service is exercised consistent with all applicable civil-rights and anti-discrimination laws.
10. Disclaimer of Warranties
THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PIXEL FORGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY STRATEGY, TIP, OR DATA WILL BE ACCURATE OR PRODUCE ANY PARTICULAR RESULT.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PIXEL FORGE AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify, and hold harmless Pixel Forge and its officers, members, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your User Content, your use of the Service, or your breach of these Terms or of any law or third-party right.
13. Dispute Resolution; Arbitration & Class-Action Waiver
Please read this section carefully — it affects your legal rights. Except for claims that qualify for small-claims court and claims for injunctive relief relating to intellectual property, you and Pixel Forge agree to resolve any dispute arising out of or relating to these Terms or the Service through final and binding individual arbitration, administered under the Federal Arbitration Act, rather than in court. You and Pixel Forge waive any right to a jury trial and agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding. You may opt out of this arbitration agreement by sending written notice to info@pixelforgearcade.com within thirty (30) days of first accepting these Terms; opting out will not affect any other provision.
14. Governing Law & Venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. To the extent any dispute is not subject to arbitration, you and Pixel Forge submit to the exclusive jurisdiction and venue of the state and federal courts located in Harris County, Texas.
15. Changes to These Terms
We may modify these Terms from time to time. When we make material changes, we will update the version number and effective date and provide reasonable notice — and, for material changes, require you to affirmatively accept the updated Terms before continuing to use the Service. Your continued use of the Service after an update takes effect constitutes acceptance of the updated Terms.
16. Miscellaneous
If any provision of these Terms is held unenforceable, that provision will be limited or severed and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Pixel Forge regarding the Service and supersede all prior understandings. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
17. Contact
Pixel Forge Entertainment, LLC · 19943 Gatling Ct, Katy, TX 77449, United States · info@pixelforgearcade.com