Terms of Service

1. About these Terms

1.1 Who we are. "TopDeck", "we" and "us" mean Eminence Gaming LLC, a Delaware limited liability company, doing business as TopDeck.gg.

1.2 What these Terms include. These Terms of Service (the "Terms") are a binding agreement between you and TopDeck about your use of the Services. They incorporate by reference, and "these Terms" includes, the Privacy Policy, the Community Guidelines, the Organizer Terms (including the Publisher addendum) if you create or run Events, act as Staff or run an Organized Play Program, and the Developer Terms if you are a Developer. The Organizer Terms and the Developer Terms control within their scope if they conflict with these Terms.

1.3 Event and game rules. Event rules set by Organizers and Publishers, and each game's tournament rules, are between you and the Organizer or Publisher and don't bind TopDeck.

1.4 How you accept. By creating an Account or using the Services, you agree to these Terms, including the Organizer Terms if you use the Organizer features (such as creating an Event or connecting a Payment Processor) and the Developer Terms if you create an API key, webhook or app. If you use the Services without an Account, these Terms apply to the extent the law allows.

1.5 Acting for an organization. If you use the Services for a store, company or other organization, you accept these Terms for it and confirm you have authority to do so. "You" then includes that organization.

2. Definitions

In these Terms and the documents they incorporate:

• Services: topdeck.gg and its subdomains, Hubs, the TopDeck apps, the API, webhooks, "Log in with TopDeck", and our emails and notifications.
• Account: a TopDeck user account.
• Player: anyone who registers for, is entered into, or plays in an Event.
• Organizer: anyone, such as a store or convention, that creates or runs an Event on the Services.
• Staff: people an Organizer gives a role in running an Event.
• Publisher and Organized Play Program: a game publisher (or its authorized operator), and the program it runs on the Services, which can include sanctioned Events, rankings, circuits, kits and Rewards.
• Hub: a Publisher- or Organizer-branded site powered by the Services, including on other domains. A store page is an Organizer's public page on topdeck.gg, not a Hub.
• Event: a tournament, league, on-demand event, convention or other gathering listed or run on the Services.
• Registration: a Player's entry into an Event, paid or free.
• Event Record: pairings, results, standings, rankings, ratings and (once public) decklists, tied to the Player's display name.
• Your Content: content you submit to the Services, such as decklists, profile details, images, Event descriptions, store pages, chat messages and reports.
• Service Fee: TopDeck's fee on paid Registrations and Event catalog orders.
• Subscription: a paid TopDeck plan for Organizers.
• Rewards: Publisher loyalty currency and items redeemable with it.
• Developer: anyone using API keys or webhooks, or building an app with "Log in with TopDeck".
• Payment Processor: a third-party payment provider, such as Stripe or PayPal.

"Including" means "including without limitation".

3. Changes to these Terms

3.1 Notice. We may change these Terms, for example because of changes in the law or in the Services. For a material change, we'll give you reasonable notice before it takes effect, such as by email or in the Services. A change required by law, or needed to address a security risk, can take effect immediately. Other changes take effect when we post them.

3.2 Disputes that already arose. A change never applies to a dispute between us that arose before the change takes effect (§24.12).

3.3 Acceptance. If you keep using the Services after a change takes effect, you accept it. We may also ask you to accept a change before you continue. If you don't agree, stop using the Services and delete your Account; you can cancel any Subscription before the change applies to you.

4. Eligibility, Accounts and minors

4.1 Minimum age. To create an Account, you must be at least 13, or any higher minimum age the law where you live sets for using online services without a parent's consent. We don't knowingly collect personal data from children under 13.

4.2 Users under 18. If you're under 18 (or under the age of majority where you live), you confirm a parent or guardian has reviewed and agreed to these Terms and is responsible for supervising any purchase you make through the Services.

4.3 If we learn a child has an Account. If we learn that we've collected personal data from a child under 13, or that an Account belongs to someone under the minimum age where they live, we'll delete it. Parents and guardians can contact [email protected].

4.4 Your Account. Keep your information accurate and your password secure. An Account is for one person and can't be shared, sold or transferred. You're responsible for activity under it unless someone used it without your permission and you weren't at fault. Tell us at [email protected] if you think someone has accessed it.

4.5 Names. Usernames and display names must follow the Community Guidelines. We may change, remove or reclaim any of them at our discretion.

4.6 Who can't use the Services. You can't use the Services if we've banned you, or if sanctions or export laws bar you from receiving them.

5. What TopDeck does, and what Organizers do

5.1 Our role. TopDeck provides software for listing and running Events, such as event pages, registration, payment integration, pairings, standings, ratings, apps and Hubs.

5.2 The Organizer's role. Organizers create and run their Events. They decide the format, rules, capacity, prices, refund policy, prizes, venue and schedule, and are responsible for the Event, including safety at the venue. TopDeck is not the organizer, host, venue or seller of Events run by Organizers, and doesn't endorse or guarantee any Organizer or Event, including that an Event will happen as described. If you have a problem with an Event, contact the Organizer.

5.3 Publishers and Hubs. Publishers set the rules for their Organized Play Programs. Hubs carry a Publisher's or Organizer's branding, but TopDeck operates them and these Terms apply to them.

5.4 TopDeck's own Events. When TopDeck runs an Event itself, TopDeck is its Organizer.

6. Events and Registrations

6.1 Registering. Give accurate information, meet any requirements the Organizer sets (such as a linked Discord account or a game ID), and follow the Event rules and the game's tournament rules.

6.2 Who sees your Registration. The Event's Organizer and Staff can see your Registration details, including your contact details and decklist. For a game with an Organized Play Program, so can its Publisher and whoever runs that game's Hub. They use this data under their own responsibility (Privacy Policy §5).

6.3 Seat holds and waitlists. Your seat may be held for a limited time during checkout. If an Event is full, you may be able to join a waitlist; any seat offer expires at the time shown.

6.4 On-demand event queues. Joining a paid queue for an on-demand Event may place an authorization hold on your payment method for up to the price of the most expensive queue you've joined, plus the Service Fee. When an Event you're queued for launches, its price and Service Fee are captured and the rest of the hold is released. Any captured amount not used for an Event is refunded.

6.5 Decklists. Submit any required decklist by the Organizer's deadline; you may not be able to edit it once it locks. Staff can view and correct decklists, which may become public (§12) and may be labeled with an archetype automatically, including with AI tools.

6.6 Results, penalties and bans. Report results accurately. Staff enter and correct results, which can change standings and ratings. In-game penalties, disqualifications and bans from an Organizer's Events are the Organizer's decisions, not TopDeck's (§14.7).

6.7 Event messages and marketing. Messages needed to run an Event you're registered for, such as pairings and cancellations, aren't marketing, and you can't opt out of these emails while you're registered (you can turn off push notifications). You can turn off marketing emails and notifications at any time in your settings or through the unsubscribe link (Privacy Policy §8).

7. Paying for Registrations and other Event purchases

7.1 Who sells. For paid Registrations, Event catalog add-ons, on-demand event queue holds and Publisher kits, the Organizer (or Publisher) is the seller and merchant of record, and payment runs through its own Payment Processor account. TopDeck isn't a party to that sale; we provide the software and collect our Service Fee. Your contract for the Registration or item is with the Organizer or Publisher.

7.2 Payment Processors. Payment Processors handle these payments under their own terms, and TopDeck isn't responsible for them. Card details go to the Payment Processor, not to TopDeck.

7.3 Prices. The Organizer sets the price, currency, entry options, add-ons and any discount codes. The price, and any Service Fee as its own line, are shown before you pay.

7.4 The Service Fee. The Service Fee pays for the TopDeck platform you use to find, register for and play in Events.

• By default, it is 5% of the order total after discounts. The fee that applies, if any, is shown before you pay.
• An Organizer may absorb the Service Fee. You then pay the list price and the fee comes out of the Organizer's payout.
• When your order is refunded in full through TopDeck, the Service Fee is refunded in full too. If an Organizer refunds you outside TopDeck, you can ask us about the Service Fee at [email protected].

7.5 How the charge appears. The charge may appear under the Organizer's name or under TopDeck.gg.

7.6 Other payment terms. A payment made at the venue is between you and the Organizer. Organizers are responsible for any taxes on their sales. If your payment fails or is reversed, your Registration may be cancelled.

8. Refunds, cancellations and chargebacks

8.1 The Organizer's refund policy. Each Organizer sets its own refund policy and any refund deadline, and refunds are its decision. Check them before you buy.

8.2 Dropping yourself. If the Organizer has set a refund deadline, you may be able to drop and get a refund yourself through the Services until that deadline, as long as the Event hasn't started. Otherwise, contact the Organizer.

8.3 What you get back. A refund goes to your original payment method and includes the Service Fee (§7.4). How long it takes depends on the Payment Processor and your bank.

8.4 If an Organizer cancels. If an Organizer cancels an Event on the Services before it starts, refunds of payments made online through the Services, including the Service Fee, start automatically. The Organizer refunds payments made at the venue. If you don't receive a refund, or an Event is postponed, changed or doesn't happen without being cancelled on the Services, contact the Organizer.

8.5 Chargebacks and payment disputes. TopDeck doesn't handle chargebacks or payment disputes on Organizer or Publisher sales. They are between you, the seller and the Payment Processor. Please ask the Organizer for a refund before disputing a charge. If you file a chargeback instead, you may lose access to that Organizer's Events. Disputes about Subscription charges are with TopDeck (§9).

9. Subscriptions

9.1 TopDeck is the seller. TopDeck sells Subscriptions, and other plans such as TopDeck Championship Series (TDCS) partnership tiers, directly. Any terms shown when you buy also apply. Subscriptions are sold on the web, not as App Store or Google Play in-app purchases.

9.2 Plans and prices. The plan, price and billing interval are shown at checkout.

9.3 Free trial. We may offer one free trial per Account; its length is shown when you sign up. Unless you cancel before the trial ends, we charge your payment method for the plan you chose when it ends, and your Subscription then renews automatically (§9.4).

9.4 Automatic renewal. Your Subscription renews automatically at the end of each billing period, and we charge your payment method the then-current price for your plan, until you cancel.

9.5 Cancelling. You can cancel at any time online from your Account, under Manage Payments & Subscriptions. You then won't be charged again, and you keep access until the end of the paid period.

9.6 No partial refunds. We don't give refunds or credits for partial periods, except where the law requires.

9.7 Failed payments. If a renewal payment fails, we may retry it, and your paid access may end.

9.8 Changes to plan features. We may change a plan's features. If we materially reduce a paid feature you rely on, we'll tell you in advance, and you can cancel.

9.9 Taxes. You're responsible for taxes on your purchase, other than taxes on our income. Any tax we charge is shown at checkout.

10. Rewards, Publisher kits, prizes and referral codes

10.1 Rewards. Rewards can't be bought, have no cash value, can't be transferred between Accounts, and can be redeemed only in the issuing Publisher's shop, under rules the Publisher sets and can change or end (Organizer Terms, Publisher addendum). Rewards may be reversed if credited in error or if an Event's results change. TopDeck provides the software but isn't the issuer of Rewards or the seller of items you redeem, and isn't responsible for them.

10.2 Publisher kits. Publishers can sell or give away physical kits through their Hubs. The Publisher is the seller and is responsible for shipping, returns, refunds and consumer-law obligations for its kits.

10.3 Prizes. Prizes are between you and the Organizer, and the Publisher where its program supplies them. TopDeck doesn't hold or pay prizes for Events run by other Organizers. A Registration is entry into an Event.

10.4 Referral codes. Ambassador referral codes only record who referred a new user. Neither the referrer nor the new user gets money or credit for them.

11. Your Content

11.1 You own Your Content. We don't claim ownership of Your Content.

11.2 The license you give us. So that we can run the Services, you give TopDeck a worldwide, non-exclusive, royalty-free license to host, store, copy, adapt (for example, to format, resize or translate), publish, display and distribute Your Content, and to create derived works from it, such as metagame statistics and archetype labels. We may sublicense these rights to our service providers, to the Organizers and Publishers of the Events you take part in, and (for public content) to Developers through the API, and transfer the license with our business (§27.2). The license lasts until you delete the content or your Account, except for the Event Record, including public decklists, where it is perpetual and irrevocable (§12.3); copies others have already shared or that are part of a record we must keep; and backup copies, which we delete in the normal course.

11.3 Personal data in Your Content. Some of Your Content, such as your name, email, pronouns and profile image, is personal data. We use it only as the Privacy Policy describes, and §11.2 doesn't widen that.

11.4 Your responsibility. You're responsible for Your Content. You confirm that you have the rights to post it and to grant the license above, and that it follows these Terms. If you post card images or game art, follow the publisher's fan-content or similar policy (§16.2).

11.5 Our rights over content. We don't have to review content before it's posted, and we aren't responsible for content posted by others. We may remove, restrict or decline to display any content at our discretion (§14).

12. The Event Record and public data

12.1 Results are a public record. When you play in an Event, anyone can see your display name and profile details (including any linked Discord username) next to your pairings, results, standings and rating, and your decklist once it is public, for example when the Organizer shows decklists or the Event ends.

12.2 What is public, and who sees more. Privacy Policy §4 explains what is public, including through the API, and §5 explains who else can see your data.

12.3 License for the Event Record. Results are facts about what happened at an Event. To the extent you have any rights in your Event Record, you give TopDeck a perpetual, irrevocable, worldwide, royalty-free license to publish it. The license covers computing rankings, ratings and metagame statistics from it, offering it through the API, and sharing it with the Event's Organizer and Publisher.

12.4 Permanence. Other Players' standings depend on every result in an Event, so we don't remove individual results at a Player's request. Hiding your profile page doesn't remove you from the Event Record, Event pages or the API.

12.5 If you delete your Account. We delete your Account and profile and remove your name and profile details from your past Registrations; the rest of those Registrations stays in the Events' records, which their Organizers keep. We keep the Event Record, which other Players' results depend on, and records we need for legal, tax, accounting, fraud-prevention, safety and enforcement purposes. Some records, including finalized results and copies others have made, may still show your earlier name. To ask us to delete more, email [email protected] (Privacy Policy §10).

13. Acceptable use

You agree not to:

• break the law or the Community Guidelines, or help anyone else break the law;
• scrape, crawl or otherwise collect data from the Services by automated means, except through the API under the Developer Terms (search engines may index public pages);
• get around any limits, access controls, bans or security measures, or access Accounts, tools or data you haven't been granted;
• probe, scan or test the security of the Services without our written permission (report vulnerabilities to [email protected]), introduce malware, or interfere with or overload the Services;
• reverse engineer the Services, except where the law allows it despite this restriction;
• create Accounts by automated means, sell or trade Accounts or usernames, create fake Events or Registrations, or report false results;
• use Player data you get through the Services (for example, as Staff) for anything other than running the Event, or as Organizer Terms §9 and the law allow;
• send spam or unsolicited promotions; or
• infringe anyone's intellectual property or privacy rights.

14. Content moderation and enforcement

14.1 Two separate systems. TopDeck enforces these Terms and the Community Guidelines. Organizers and Publishers enforce their own Event and game rules (§14.7). The two are separate.

14.2 How we moderate. We don't allow illegal content, or content or conduct that breaks these Terms or the Community Guidelines. We use automated tools (such as image screening and word filters), human review and reports, but we don't review everything posted. Where we suspect a threat to someone's life or safety, we may tell law enforcement.

14.3 How to report. Email [email protected]. Tell us where the content is (a link is best) and why you think it breaks the law or our rules, and confirm that you're reporting in good faith. The Report option in Event chat goes to the Event's Staff, not to us. Copyright complaints follow §15.

14.4 What we can do. If we believe content or conduct breaks these Terms, the Community Guidelines or the law, or puts others at risk, we may, at our discretion, in any order and immediately: remove or restrict content; remove or hide an Event listing, store page or Hub page; limit features, such as chat, uploads, Event creation or payments; remove you from leaderboards, ratings or standings; warn you; or suspend or ban your Account. If we ban you, you may not create another Account.

14.5 Notice of our decisions. Where the law requires, we'll tell you about a decision to restrict your content or Account and the reasons for it.

14.6 If you disagree. Email [email protected]. This doesn't affect your right to go to court or to a regulator. In the UK, you can also use this address to complain about illegal content or how we handle content and reports, and we'll deal with complaints as the Online Safety Act 2023 requires.

14.7 Organizer and Publisher decisions. In-game penalties, disqualifications, Organizer bans and a Publisher's exclusion of a Player from its standings are decided by the Organizer or Publisher under its own rules. TopDeck doesn't adjudicate them; raise them with the Organizer or Publisher. We may act if we believe an Organizer or Publisher is misusing the tools.

14.8 Contacts. Users can reach us at [email protected]. Authorities, including EU Member State authorities and the European Commission, can contact us at [email protected], in English.

15. Copyright complaints

Send copyright and other intellectual property complaints to [email protected].

16. Intellectual property and feedback

16.1 Our property. The Services, including the software, design and the TopDeck name and logos, belong to TopDeck or its licensors. We give you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services as these Terms allow, and keep all other rights.

16.2 Game publishers' property. Card names, images and game rules belong to their publishers. TopDeck isn't affiliated with or endorsed by a game's publisher unless that Publisher runs an Organized Play Program on the Services.

16.3 Feedback. If you send us ideas or feedback, you give us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose, without owing you anything.

17. Third-party services, partners and links

17.1 Linked accounts and partner services. Accounts you link (such as Discord) and partner services that Events use have their own terms and privacy policies, and we're not responsible for them. Data is exchanged with them as the Privacy Policy describes.

17.2 Exports and integrations. Organizers, their Staff and Publishers can send Event data, including Player details, to their own systems through exports and integrations, and are responsible for those systems.

17.3 Links and affiliate links. We're not responsible for sites we link to. Some links, such as card links, are affiliate links that may earn TopDeck a commission.

18. Developers, the API and connected apps

18.1 Apps you connect. API keys, webhooks and "Log in with TopDeck" apps are governed by the Developer Terms. When you sign in to an app with "Log in with TopDeck", the consent screen shows what it asks to access. The app's own terms and privacy policy govern what it does with your data, and TopDeck isn't responsible for it. To disconnect an app, contact us at [email protected].

19. Mobile apps and app stores

19.1 License. We give you a limited, non-exclusive, non-transferable, revocable license to install and use the TopDeck app on devices you own or control. The app may update itself automatically.

19.2 Purchases in the app. Payments in the app go through Payment Processors (§7.2), not Apple or Google, which aren't involved in those sales and can't refund them.

19.3 Apps downloaded from Apple's App Store. If you got the app from Apple's App Store:

1. These Terms are between you and TopDeck only, not Apple. TopDeck, not Apple, is solely responsible for the app and its content. These Terms don't set usage rules for the app that conflict with Apple's Media Services Terms and Conditions.
2. Your license to use the app is limited to a non-transferable license to use it on Apple-branded products that you own or control, as allowed by the Usage Rules in Apple's Media Services Terms and Conditions, except that other accounts associated with you through Family Sharing or volume purchasing may also access and use it.
3. TopDeck, not Apple, is solely responsible for maintenance and support of the app. Apple has no obligation to provide any maintenance or support for it.
4. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you, if any (the app is free). To the maximum extent the law allows, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are TopDeck's responsibility, to the extent these Terms don't disclaim them.
5. TopDeck, not Apple, is responsible for addressing any claims by you or a third party about the app or your possession or use of it, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
6. If a third party claims that the app, or your possession and use of it, infringes their intellectual property rights, TopDeck, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.
7. You confirm that you are not located in a country that is subject to a US Government embargo or that the US Government has designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
8. Send questions, complaints or claims about the app to Eminence Gaming LLC (TopDeck), 651 N. Broad St., Ste. 201, Middletown, DE 19709, USA, or by email to [email protected].
9. You must follow any third-party terms that apply when you use the app, such as your mobile data agreement.
10. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

19.4 Apps downloaded from Google Play. Google Play's terms also apply to your use of Google Play. Google isn't a party to these Terms and isn't responsible for the app.

20. Ending your use of the Services

20.1 You can leave at any time. You can stop using the Services whenever you like and delete your Account in the app, on the web, or by emailing [email protected] (§12.5). Deleting your Account doesn't cancel a Subscription or remove API keys, webhooks or app connections, so cancel or remove them first (§9.5, §18.1), or ask us.

20.2 We can suspend or end your access. We may suspend or end your access to all or part of the Services at any time, at our discretion, including if you break these Terms, if the law requires it, or to prevent harm, fraud or legal risk. We may also change or stop offering all or part of the Services at any time.

20.3 What happens after. When your access ends, your licenses under these Terms end, and your Event Record stays (§12). Sections that by their nature should survive (including §§11.2, 12, 16 and 21–27) continue, including after you delete your Account.

21. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, TOPDECK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DON'T WARRANT THAT THE SERVICES WILL BE AVAILABLE DURING ANY EVENT, UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT PAIRINGS, STANDINGS, RATINGS OR OTHER CALCULATIONS WILL BE FREE OF ERRORS. TOPDECK IS NOT RESPONSIBLE FOR, AND MAKES NO WARRANTY ABOUT, ANY EVENT, ORGANIZER, PUBLISHER, VENUE, PLAYER OR OTHER USER, PRIZE, PUBLISHER KIT, REWARD, PAYMENT PROCESSOR OR OTHER THIRD-PARTY SERVICE.

22. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS:

(A) TOPDECK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

(B) TOPDECK'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF US$100 OR THE AMOUNTS YOU PAID TO TOPDECK IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM. AMOUNTS PAID TO TOPDECK MEANS SERVICE FEES AND SUBSCRIPTION FEES. IT DOESN'T INCLUDE THE PRICE OF REGISTRATIONS, ADD-ONS, KITS OR OTHER PURCHASES PAID TO ORGANIZERS OR PUBLISHERS.

(C) THESE LIMITS APPLY TO EVERY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DON'T LIMIT LIABILITY THAT CAN'T BE LIMITED UNDER APPLICABLE LAW.

(D) NOTHING IN THESE TERMS LIMITS OUR LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

23. Indemnity

23.1 Indemnity. You agree to defend, indemnify and hold harmless TopDeck and its officers, employees and agents against third-party claims arising out of Your Content, your breach of these Terms or the law, or, if you're an Organizer or Staff, your Events and your use of Players' data, including the resulting losses and reasonable costs, including lawyers' fees. We may control the defense of any such claim, and you'll cooperate with us. This Section doesn't apply to consumers in the EU, EEA or UK (§26.2).

23.2 Disputes between users. TopDeck isn't a party to, and isn't responsible for, disputes between you and an Organizer, Publisher or other user.

24. Dispute resolution and arbitration (US users)

24.1 Scope. This Section applies if you live in the United States or, for a business, if your principal place of business is there. You and TopDeck agree to resolve any dispute, claim or controversy between us arising out of or relating to these Terms or the Services (a "Dispute") through individual arbitration, except as §24.3 provides. This includes Disputes with TopDeck's officers, employees and agents in that capacity. It doesn't cover a Dispute that arose before you accepted these Terms (the terms in effect when it arose govern it), or a Dispute between you and an Organizer, Publisher or other user to which TopDeck isn't a party.

24.2 Informal resolution first. Before starting an arbitration, the party raising a Dispute must send the other a written notice (you to [email protected], TopDeck to the email address on your Account) giving the sender's name, the Account email (if any), a description of the Dispute and the relief requested. For 60 days after the notice is received, we'll each try to resolve the Dispute informally and, if either of us asks, meet individually by phone or video call (lawyers may attend). Statutes of limitation are paused during those 60 days, and neither of us may start an arbitration until they end.

24.3 Exceptions. Either of us may instead:

• bring an individual claim in small-claims court, if it qualifies there;
• go to court to stop the actual or threatened infringement or misuse of intellectual property, or the misuse of the Services (for example, scraping or attacks on our systems), and to seek injunctive relief for it; and
• bring a claim for public injunctive relief as §24.8 describes.

If you allege conduct that constitutes a sexual harassment dispute or a sexual assault dispute (as 9 U.S.C. §401 defines them), you may choose to bring that case in court instead of arbitration, and §24.8 won't apply to it to the extent 9 U.S.C. §402 makes it unenforceable. A court, not an arbitrator, decides whether this paragraph applies.

24.4 Rules and administrator. The American Arbitration Association ("AAA") administers the arbitration under its Consumer Arbitration Rules (or, if the AAA decides they don't apply, for example to a business Organizer, its Commercial Arbitration Rules) and, where §24.7 applies, its Mass Arbitration Supplementary Rules ("MASR"), as modified by this Section (see adr.org). If the AAA can't or won't administer the arbitration, we'll agree on another provider, or a court will appoint one. The Federal Arbitration Act governs this §24.

24.5 Fees. Your share of filing, administration and arbitrator fees is limited to what the AAA's rules require of a consumer; TopDeck pays the rest. Each side pays its own lawyers' fees unless the law or the AAA's rules allow the arbitrator to award them. If the arbitrator finds a claim frivolous or brought for an improper purpose, fees are allocated as the AAA's rules allow.

24.6 The arbitration. A single arbitrator decides the Dispute. Claims of $25,000 or less are decided on written submissions unless a hearing is held as the AAA's rules provide. Any hearing is in the county where you live, or by video, unless we agree otherwise. Delaware law governs this arbitration agreement (§25). The arbitrator may award any individual relief a court could, but only in favor of the individual party seeking it and only as much as that party's own claim requires. The decision is written and final, and any court with jurisdiction can enter judgment on it.

24.7 Mass arbitration. If 25 or more similar Demands for Arbitration (or, for claims by businesses, the number the MASR set) are filed by or with the help of the same or coordinated counsel, the MASR apply, and the AAA may assign several cases to one arbitrator as MASR Rule MA-7 allows. Each case is still decided on its own merits. Statutes of limitation are paused for each claim until it is filed.

24.8 Class and representative action waiver. EXCEPT AS §24.3 PROVIDES, YOU AND TOPDECK MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS (EXCEPT AS §24.7 PROVIDES FOR ADMINISTRATION) OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. If the law doesn't allow a claim for public injunctive relief to be waived (for example, under McGill v. Citibank in California), that claim is severed and decided by a court under §25, after any individual claims in arbitration are resolved. The court action is paused until then.

24.9 Your right to opt out. You can opt out of this §24 by emailing [email protected] within 30 days after you first accept a version of these Terms that contains it, with your name, the email address you use with us, and a clear statement that you opt out of arbitration. A parent or guardian can opt out for a user under 18. We'll confirm your opt-out by email. It applies to this and every later version of these Terms, and doesn't affect any other part of them; §25 then governs Disputes. If you don't opt out, you can still reject a later material change to this Section under §24.12.

24.10 Who decides. A court, not the arbitrator, decides disputes about the formation, enforceability and scope of this §24, and whether the class and representative waiver applies or is enforceable. The arbitrator decides everything else.

24.11 Severability. If any part of this §24 is found unenforceable, that part is severed and the rest still applies. A claim that can't be arbitrated goes to court under §25, and the rest stays in arbitration. A claim will never proceed as a class arbitration: if the class and representative waiver is found unenforceable for a claim, that claim goes to court.

24.12 Changes to this Section. A change to this §24 never applies to a Dispute that arose before the change takes effect. You can reject a material change to this Section by emailing [email protected] within 30 days after it takes effect; the previous version then continues to apply to you.

25. Governing law and courts

These Terms are governed by the laws of the State of Delaware and applicable US federal law, without regard to conflict-of-laws rules; the Federal Arbitration Act governs §24. Except as §26 provides, any Dispute that isn't arbitrated (including if you opt out of §24) will be decided in the state or federal courts in Delaware or, if you're a consumer, for the county where you live, and you and TopDeck consent to those courts' jurisdiction. Either of us may still bring a qualifying claim in small-claims court where you live. This Section doesn't take away consumer protections of your home state that can't be waived by contract.

26. Users outside the United States

26.1 Your mandatory rights and courts. If you live outside the United States, §24 (arbitration) doesn't apply to you, and nothing in these Terms takes away your rights as a consumer under the mandatory laws of your country, even though §25 picks Delaware law. You can bring a claim about these Terms or the Services in your country's courts, and we can bring a claim against you as a consumer only in those courts.

26.2 If you live in the EU, EEA or UK. If you're a consumer there:

• §21 (disclaimers), §22 (limitation of liability) and §23 (indemnity) don't apply to you. Instead, we're responsible for loss that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, for gross negligence or intent, or for any other liability that can't be limited by law.
• Registrations are leisure services for a specific date or period, so the right of withdrawal doesn't apply to them. This doesn't affect the Organizer's refund policy or refunds for cancelled Events (§8). Any right to withdraw from a kit purchase is against the Publisher that sold it.
• The Organizer is the seller of a Registration and is responsible for the Event, its price, refunds and legality; TopDeck is responsible for the Services and the Service Fee. Consumer law may not apply to a purchase from an Organizer selling as a private individual.
• Search results are ordered mainly by relevance to your search and filters, start date and distance. Other lists, such as trending or featured Events, may reflect popularity or our team's choice and can include partners' Events.

26.3 Language. If we provide a translation of these Terms and it conflicts with the English version, the English version controls, unless the law where you live requires otherwise.

27. General terms

27.1 Entire agreement. These Terms are the entire agreement between you and TopDeck about the Services, and replace any earlier agreement on the same subject.

27.2 Assignment. We may transfer these Terms to an affiliate or to a successor in a merger, acquisition or sale of assets. You may not transfer them without our written consent.

27.3 Severability and waiver. If a court finds part of these Terms unenforceable, the rest stays in effect (§24.11 governs §24). If we don't enforce a right, that doesn't waive it.

27.4 Events outside our control. We aren't responsible for failures or delays caused by events beyond our reasonable control, such as outages at our hosting or payment providers.

27.5 Relationship. You and TopDeck are independent. Organizers, Publishers and Staff aren't our employees or agents.

27.6 Third-party beneficiaries. Apple and its subsidiaries (§19.3) and the people protected by §23 are the only third-party beneficiaries of these Terms.

27.7 Notices and electronic communications. We may give you notices, agreements and other communications electronically, by email to your Account address or in the Services, and these satisfy any requirement that they be in writing. Send legal notices to [email protected] or by post to Eminence Gaming LLC, 651 N. Broad St., Ste. 201, Middletown, DE 19709, USA.

27.8 Headings. Headings are for convenience. They don't change the meaning of these Terms.

28. Contact

• General support: [email protected]
• Legal notices, dispute notices, arbitration opt-outs and copyright complaints: [email protected]
• Privacy: [email protected]
• Security vulnerabilities: [email protected]