DrawDown — Terms of Service
Version 1.1Version 1.1 — Effective [DATE OF PUBLICATION]
⚠️ DRAFT NOTICE (remove before public launch): This is a version 1 draft written in plain language and has not been reviewed by an attorney. It is a starting point, not final legal advice. The sections most needing professional review are flagged inline with [ATTORNEY REVIEW]. DrawDown LLC is in formation; update the entity name and registered details once the LLC is registered. Obtain attorney review before the platform reaches meaningful traction.
1. Who we are and what this is
DrawDown is an online art-battle platform where members keep galleries of their original characters and compete in team-based drawing events. This service is operated by DrawDown LLC (in formation) ("DrawDown," "we," "us," or "our").
These Terms of Service ("Terms") are a legal agreement between you and DrawDown. By creating an account, accessing, or using DrawDown at playdrawdown.com or any related service (the "Service"), you agree to these Terms. If you do not agree, do not use the Service.
We may update these Terms. When we make material changes, we will update the version number and effective date above, notify you, and — where the change is significant — ask you to accept the new version before you continue using the Service. We keep a record of which version you accepted.
2. Eligibility and age
You must be at least 13 years old to use DrawDown. This is a strict requirement. We do not knowingly permit anyone under 13 to create an account or use the Service. If we learn that a user is under 13, we will suspend the account immediately and delete the associated personal information.
If you are between 13 and 17 years old, you represent that you have permission from a parent or legal guardian to use the Service.
Some features may be restricted to users 18 and older. We record whether an account belongs to an adult (18+) for the purpose of gating any such features. DrawDown is a safe-for-work platform and does not host mature content (see the Community Rules).
3. Your account
You sign in to DrawDown using your Discord account. You are responsible for keeping your login secure and for all activity that happens under your account. Notify us promptly at [email protected] if you believe your account has been compromised.
You choose a username when you sign up. Usernames must be unique and must follow our naming rules. We may reclaim or require you to change a username that impersonates someone, infringes rights, or violates our rules.
You may delete your account at any time from your account settings. See our Privacy Policy for how deletion is handled.
4. Your content and the license you grant us
You keep ownership of your content. The characters, artwork, descriptions, comments, and other material you create and upload ("Your Content") remain yours.
To operate the Service, we need your permission to handle Your Content. By uploading or posting, you grant DrawDown a non-exclusive, worldwide, royalty-free license to host, store, reproduce, resize, thumbnail, publicly display, and distribute Your Content solely for the purpose of operating and providing the Service. This license exists only so we can show your work to other users, generate thumbnails and image variants, and run the platform's features. It ends when you delete Your Content or your account, except that (a) we may retain backup copies for a limited period as part of routine backup rotation, and (b) content you shared publicly may persist where other users interacted with it (for example, a comment thread may show that a "deleted user" participated).
You represent that you own or have the rights to everything you upload, and that Your Content does not infringe anyone else's rights.
Attacks and characters: The core gameplay involves creating artwork depicting other users' registered characters ("attacks"). By registering a character, you set permissions describing what others may draw. By participating, you agree that other users may create art of your registered characters within the permissions you set, and you agree to respect the permissions others set for their characters. Drawing a character outside its stated permissions is a rules violation.
5. Acceptable use
You agree not to:
- Upload content that is sexual, pornographic, or otherwise not safe for work; excessively graphic or gory; hateful, harassing, or threatening; or otherwise in violation of the Community Rules.
- Upload characters or artwork you do not own or have permission to use.
- Draw another user's character in violation of that character's stated permissions.
- Attempt to manipulate scoring, collude to farm points, use sock-puppet accounts, or otherwise cheat. The Service enforces event timing and anti-cheat measures; circumventing them is prohibited.
- Submit AI-generated or AI-assisted art. Automated/generative-AI artwork is not permitted on the Service in any form (see the AI-Generated Art policy below).
- Harass, threaten, dox, or target other people. Friendly "attacks" on characters are the game; targeting people is not.
- Upload malware, attempt to breach security, scrape the Service, or disrupt its operation.
- Impersonate others or misrepresent your affiliation.
6. AI-generated art
AI-generated or AI-assisted art is not permitted on the Service in any form. All artwork submitted as an attack must be created by you without the use of generative-AI tools. There is no opt-in, tagging, or other exception that permits AI-generated content at this time.
Submitting AI-generated art is a violation of these Terms and the Community Rules and is subject to the penalty ladder. We do not claim to detect AI art automatically as the basis for any ruling; enforcement is based on reports and moderator judgment on the balance of evidence.
7. Moderation, penalties, and appeals
We moderate for compliance with these Terms and the Community Rules. We may remove content, strip points, disqualify entries, suspend, or ban accounts. Penalties generally follow a published ladder (warning → content removal and point removal → event disqualification → suspension → ban), but we may skip steps for severe violations such as theft, harassment, or safety issues.
All penalties are logged with a reason, and you can view your own penalty history. If you believe a moderation decision was wrong, you may appeal through our on-site appeal process (modmail) within 14 days. Do not argue moderation decisions in public comments.
8. Intellectual property and copyright (DMCA)
We respect intellectual property rights and expect you to do the same. If you believe content on DrawDown infringes your copyright, send a notice to [email protected] including: identification of the copyrighted work; identification of the infringing material and where it is located on the Service; your contact information; a statement that you have a good-faith belief the use is unauthorized; a statement, under penalty of perjury, that the information is accurate and you are authorized to act; and your physical or electronic signature.
We will remove or disable access to material we determine to be infringing, notify the user who posted it, and provide a counter-notice procedure. We terminate the accounts of repeat infringers.
[TO-DO before public launch] Register a DMCA designated agent with the U.S. Copyright Office (dmca.copyright.gov) and insert the agent's details here. [ATTORNEY REVIEW] — confirm the notice-and-counter-notice procedure and repeat-infringer policy meet safe-harbor requirements.
9. Platform role and content responsibility
DrawDown is a platform for user-generated content, not a publisher of it. [ATTORNEY REVIEW — Section 230 posture and its phrasing.] We do not pre-screen all content, and we are not responsible for content created by users. We moderate for rules compliance, which does not make us the author or endorser of user content. Opinions and content posted by users are their own.
10. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or the Community Rules, if required by law, or to protect the Service or its users. Upon termination, the licenses you granted us end as described in Section 4, subject to backup rotation and public-interaction persistence.
11. Disclaimers
[ATTORNEY REVIEW — this entire section is boilerplate that most needs professional drafting for your jurisdiction and entity.]
The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that content will be preserved without loss. You use the Service at your own risk.
12. Limitation of liability
[ATTORNEY REVIEW — critical. The cap, carve-outs, and enforceability vary by jurisdiction and must be drafted by counsel.]
To the maximum extent permitted by law, DrawDown and its members, officers, and operators will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from your use of the Service. To the maximum extent permitted by law, our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim (if any) or one hundred U.S. dollars.
13. Indemnification
[ATTORNEY REVIEW]
You agree to indemnify and hold harmless DrawDown from claims, damages, and expenses (including reasonable legal fees) arising from Your Content, your use of the Service, or your violation of these Terms or the rights of others.
14. Governing law and disputes
[ATTORNEY REVIEW — insert the state/jurisdiction once the LLC is formed and its home state is known; add any arbitration or venue provisions on counsel's advice.]
These Terms are governed by the laws of the state in which DrawDown LLC is organized, without regard to conflict-of-law rules. [Insert dispute-resolution, venue, and any arbitration terms per counsel.]
15. Changes and contact
We may modify these Terms as described in Section 1. Continued use after changes take effect means you accept the updated Terms.
Questions about these Terms: [email protected] Privacy questions: [email protected] Copyright notices: [email protected] General support: [email protected]
DrawDown — Terms of Service v1.1. This is a pre-attorney-review draft. Not legal advice.