MTGSpacy

MTGSpacyTerms of Use

Updated Jun. 13, 2022, Version 1.00

In this Terms of Use, the user may be referred to as “you” and MTGSpacy may be referred to as “us”, “we”, or “our.” By using or accessing the MTGSpacy Website (“Website”) you agree to these Terms of Use and the Privacy Policy.

TERMS OF CREATING AN ACCOUNT & WEBSITE ACCESS

You must be at least 18 years old to use the MTGSpacy Website.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos on the Website.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
MTGSpacy prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
You represent that all information you provide or provided to MTGSpacy upon registration, purchase checkout and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other MTGSpacy users.
You are responsible for keeping your password secret and secure.
You will not spam, defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Website including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Website.
You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website and your Content, including but not limited to, copyright laws.
You will not interfere or disrupt the services of the Website or servers or networks connected to the Website, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way MTGSpacy is rendered or displayed in a user's browser or device.

LOGIN THROUGH SOCIAL MEDIA & THIRD PARTY SITES

MTGSpacy may offer the opportunity to login to Website accounts through third-party social media and other websites with unique login credentials. You agree and understand that MTGSpacy may gain additional personal information from your third-party website profile which could include information and content you provide and/or upload as well as information we collect from your account with social networking sites.

RIGHT TO CHANGE WEBSITE CONTENT

The Website will be updated as product offerings change, or as the communication needs or desires of MTGSpacy develop. MTGSpacy makes no guarantees that content provided through the Website will remain available to the public through the Website. MTGSpacy may also update or alter the layout, designs, or links within the Website.

LINKS TO THIRD PARTY WEBSITES

MTGSpacy links to third party websites through the Website for the purpose of facilitating information aggregation and research, including by not limited to the purchase Magic: The Gathering branded products from third-party retailers. MTGSpacy makes no guarantees that the websites featured on these links provide accurate or complete content. Links provided through the Website do not create an endorsement relationship or an affiliation with MTGSpacy. MTGSpacy reserves the right to remove these third party links at any time. Please review the terms of use or privacy policies of these websites for rights and restrictions. MTGSpacy uses YouTube to host video content. Please review the YouTube Terms of Service.

ADVERTISING

Some of the services within the Website are supported by advertising revenue including payments to MTGSpacy for clicks of users on advertising and or display of advertisements and promotions to users. These advertisements may be targeted to the content of information stored on the Website and queries made through the Website or other information given by the user. The manner, mode and extent of advertising on the Website are subject to change without specific notice to you. In consideration for MTGSpacy granting you access to and use of the services, you agree that MTGSpacy may place such advertising on the Website.

PAYMENT, FEES, AND OTHER CHARGES

If you elect to access any paid component of the Website, you agree to pay all fees and charges associated with that paid component on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services. You agree to maintain a valid payment method during the term of your use of such Services through a third-party payment processor of MTGSpacy’s choosing.

USE OF MTGSpacy INTELLECTUAL PROPERTY

Unless otherwise noted or unless placed on Website by MTGSpacy under Fair Use principles of copyright and trademarks, the Website, and all materials on the Website including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by MTGSpacy and other trademarks appearing on the Website are the trademarks of MTGSpacy and its affiliates.

The Website and the contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the contents or the Website.

CONTENT

By submitting content through the Website to MTGSpacy, included though not limited to text, graphics or images, “Your Content”; through the Website you hereby irrevocably grant us a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a ‘business page’ to manage claimed business listings or otherwise) and all intellectual property rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username for the profile you used to submit Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any third party services and our and their users.

REPRESENTATIONS REGARDING YOUR USER CONTENT

You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and their third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Terms or any applicable laws. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.

You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove content, we do not control actions or content posted by our users and do not guarantee the accuracy, integrity or quality of any content. You acknowledge and agree that content posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not us.

LIMITATION OF LIABILITY

The Website is intended for personal use. You agree to defend, indemnify and hold harmless and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website any data or content transmitted or received by you; (ii) your violation of any term of the Terms of Use or Privacy Policy (Agreements), including without limitation your breach of any of the representations and warranties you make in these Agreements; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the with your username, password or other appropriate security code.

THE SERVICE AND ANY PRODUCT YOU RECEIVE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MTGSpacy, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE OR BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MTGSpacy, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL MTGSpacy BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MTGSpacy ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, MEMBERSHIP SERVICE OR ANY PRODUCT RECEIVED FROM OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

CONTENT REMOVAL & SUSPENSION OF ACCOUNT

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms of Use or Privacy Policy or otherwise harmful to our users or MTGSpacy in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of the content to you under any circumstances. Any Content, which is derogatory, defamatory or hateful and without any substantial evidence may be taken down at our sole discretion.

MTGSpacy reserves the right in its sole discretion to suspend or terminate your Account and refuse any and all current or future use of the Website or Services (or any portion thereof) at any time for any reason. You agree that MTGSpacy will not be liable to you or to any third party for any suspension or termination of your Account or any refusal of any use of the Website (or any portion thereof).

DELIVERY OF CONFIDENTIAL INFORMATION BY USER

MTGSpacy discourages users from sending any confidential or proprietary information through the Website. Any information, materials, suggestions, ideas or comments sent to MTGSpacy will be considered non-confidential, and by submitting it, you are giving MTGSpacy the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.

ARBITRATION

By visiting the Website you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and MTGSpacy, except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and MTGSpacy are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and MTGSpacy otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

ARBITRATION RULES AND GOVERNING LAW

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

MTGSpacy Privacy Policy

Updated June 14, 2022, Version 1.0

General Privacy Notice

When using or accessing the MTGSpacy Website, you are agreeing to be bound to the terms within this Privacy Policy and the Terms of Use policy. This policy may refer to users as “you” or “user” and may refer to MTGSpacy as “us,” “we,” or “our.” If you do not agree to the terms within this Privacy Policy and the corresponding Terms of Use, do not access or use the MTGSpacy Website.

Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with the terms of this Privacy Policy, please do not use our website and services.

INFORMATION COLLECTED AND STORED BY MTGSpacy

In order to carry out the services of MTGSpacy and to provide a great user experience, we will collect and store the following information about you:

Personal Information, that may be used to identify you as an individual (Personal information is any information related to an identified or identifiable natural person).

First and Last Name;
Profile Picture or Avatar;
Profile Information from Third-Party Social Media and Payment Websites;
Your Email Address;
IP Address;
Website activity logs;

Other information that may be linked to personal information.

Content You Post Publicly or Privately on Your MTGSpacy Account;
Searches Completed through the Website;
Preference Settings;
Stored Information or Files Created or Stored on Website Through Your Account;
Any Emails You Send to MTGSpacy;
Times of Access to Website;
Website that Referred You to MTGSpacy;
Your Operating System Type

HOW WE COLLECT YOUR PERSONAL INFORMATION.

MTGSpacy collects personal information from you upon your registration for our services and upon your log in. We collect any additional information about you when you interact with us electronically or in person, when you access our website and when we provide our services to you. If you choose to use Facebook, Twitter, or Twitch to log into our Website, we will have access to and may collect information that you have provided on your Facebook, Twitter, and Twitch accounts.

It may not be readily apparent to you when such data is being collected. For instance, when you visit our website, your IP address is collected so that we know where to send information you are requesting. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.

WHY WE COLLECT YOUR PERSONAL INFORMATION.

We process your personal information because we have a contractual obligation with you. Once you create an account to use our Website and services, and agree to our terms of service, a contract is formed between you and us. In order to carry out our contractual obligations we need to process the information you provide, which also includes personal information.

Even if there is no direct contractual obligation between us, we may process your information based on your explicit consent you have provided (to us or a third party data controller) for the processing of that information.

HOW WE USE YOUR PERSONAL INFORMATION.

We will use the personal information collected from you:

to administer your account with us and provide you with our services;
to respond to your inquiries and deliver reminder e-mails to you;
to provide you with information regarding updates and changes to our Website, our Terms of Service or any services we offer or provide through it;
to improve our product and services;
to provide personalized experience for you upon use of our services;

Additionally we may use anonymized information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

HOW LONG WE KEEP YOUR INFORMATION.

We will keep your personal information for as long as you use our website and services. You have the right to request that your personal information is permanently removed from our system and database at any time. We will accommodate such requests within 45 (forty five) days or less.

You can send such requests for permanent removal to @MTGSpacy

DISCLOSURE OF PERSONAL INFORMATION.

We will not disclose your personal information to any third parties and we do not share, sell, rent, or trade your personal information with third parties for their commercial purposes, however, we reserve the right to disclose information about you to third parties to third-parties for assistance in improving the MTGSpacy products and services. Additionally we may disclose personal and non-personally identifiable information with third parties service providers, engaged by us to provide technical support, hosting services, testing, network security or statistical services, any such disclosure will be subject to confidentiality obligations.

MTGSpacy may also disclose information about you to third-parties where we have a good faith belief that such disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of MTGSpacy, our affiliates or their employees, agents and contractors (including enforcement of our agreements and our terms of use); (ii) protect the safety, privacy, and security of users of the MTGSpacy employees, owners, or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.

The Website allows users to login through their Facebook, Twitter and Twitch accounts. The Facebook, Twitter and Twitch's privacy policies, including the data they collects and the uses of that data, is beyond our control, and we take no responsibility for Facebook’s, Twitter’s or Twitch TV's practices. Before you submit any personal information to those social networks, we recommend that you read their privacy policies, which can be found at the following links: https://www.facebook.com/policies, https://twitter.com/privacy?lang=en, and https://www.twitch.tv/p/legal/privacy-notice/.

The Website displays video content via YouTube and uses Google Analytics for website analytics. We recommend that you read the Google Privacy and Terms.

COOKIES AND TRACKING TECHNOLOGIES.

We collect information about you using "cookies." Cookies are small data files stored on your hard drive by a website. The cookies that we use are for authentication purposes (to facilitate your log-in) and session cookies (to recognize your preferences while navigating through the website).

Usually the information that we collect automatically through cookies is statistical data and cannot be used to identify you as an individual. It helps us to improve our website and to deliver a better and more personalized service. Additionally there might be third party cookies used on our website by third party advertisers, those cookies are not related to your profile, they cannot identify who you are and therefore are not linked to your personal data. When you first visit our site, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose. If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our site.

SECURITY OF YOUR PERSONAL INFORMATION.

MTGSpacy is committed to ensuring that the information you provide to us is secure from accidental loss and from unauthorized access, use, alteration and disclosure. We have implemented suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorized access, modification and disclosure.

All information you provide to us is stored on our secure database behind a Virtual Private Network;
All passwords are stored in an encrypted form;
We restrict access to personal information to employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations;
We back up all client data in multiple data centers enabling speedy recovery in case of a disaster;]
Whenever possible we will make sure we pseudonymise all personal or related data.

The safety and security of your information also depends on you. Where we have given you a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

COMMERICAL AND NON-COMMERICAL COMMUNICATION.

By providing information to the Website, such as signing up for a newsletter or an account, you have agreed to receive e-mail communication from us . However, you may unsubscribe from certain communications by notifying MTGSpacy that you no longer wish to receive solicitations or commercial information. MTGSpacy will remove you from the database, where you have the right to request this under the Privacy Policy, Terms of Use, or applicable law, or where MTGSpacy voluntarily decides to grant the request.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT.

The MTGSpacy Website is directed to adults, over the age of 18. MTGSpacy does not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that persons under the age of 13 are accessing the Website. If MTGSpacy discovers any inadvertently collected Personal Information of a person under the age of 13, that information will be swiftly deleted from its’ records. If you believe that MTGSpacy may have any information from a person under age 13, please contact MTGSpacy at @MTGSpacy

RIGHT TO ACCESS AND CONTROL YOUR DATA. We provide you with many choices about the collection, use and sharing of your data, from deleting or correcting data you include in your profile and controlling the visibility of your posts and communication controls. We will provide you with access to your personal information that we store and allow you to: Delete your data - you can request that we erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide Services to you); Change or correct your data - you have the option to edit some of your personal data through your account. You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate; Object to, or limit or restrict, use of data - you can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held); Right to access and/or take your data - you can ask us for a copy of your personal data and can ask for a copy of personal data you provided in machine readable form. You may send us an e-mail at aphetto@gmail.com to request any or all of the above.

CHANGES TO THIS PRIVACY POLICY.

We reserve the right to make changes to this privacy policy at any time. If we change our privacy policy, we will notify you via email sent to the email address you provide at the time of registration as well as post an updated version of this Privacy Policy on our website so that you and other users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Changes will not apply retroactively and changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of the Website. Your continued use of the after any such changes constitutes your acceptance of the new Privacy Policy. You should also check back from time to time to ensure you are aware of any changes. Under the California Consumer Privacy Act we will be reviewing this Privacy Policy every 12 months.

CONTACT INFORMATION.

If you have any questions, comments, complaints or concerns regarding this Privacy Policy, you can contact us anytime through at the following address: @MTGSpacy. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.