Terms of Service

Last Revised: Feb 26, 2019

We hate legalese, so we've tried to make our ToS readable. If you've got any questions, feel free to ask us, and we'll do our best to answer.

Magic Trade Binder ("we", "us", "our", "Magic Trade Binder", "MTB") present the following terms and conditions, which govern your use of the Magic Trade Binder mobile app, and all content, services and products available at or through the mobile app and website, including but not limited to https://www.magictradebinder.com.

The mobile app is offered subject to your acceptance, without modification, of all of the terms and conditions contained within, along with all other operating rules, policies (including, without limitation, MTB's Privacy Policy) and procedures that may be published from time to time on the mobile app by us (collectively, the Agreement).

Please read this Agreement carefully before accessing or using the mobile app. By accessing or using any part of the mobile app, you agree that you are bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Mobile app or use any services. If these terms and conditions are considered an offer by Magic Trade Binder, acceptance is expressly limited to these terms. The Mobile app is available only to individuals who are at least 13 years old.

If you operate an account, comment on an account, post material to the Mobile app, post links on the Mobile app, or otherwise make (or allow any third party to make) material available by means of the Mobile app (any such material, also known as "Content"), you are entirely responsible for that Content and any harm that may result from it. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software.

I. Your Account

If you create an account on the Mobile app, you are responsible for maintaining the security of your account. You are responsible for all activities that occur under the account and any other actions taken in connection with the account. You must take reasonable steps to guard the security of your account. We will not be liable for any acts or omissions resulting from a breach of security, including any damages of any kind incurred as a result of such acts or omissions.

II. Account Structure

Magic Trade Binder currently has a tiered account structure.

Free Accounts can be registered free of charge. Free accounts can access basic app features, but do not receive access to all of the advanced app features.

Subscription Accounts are available for term-based fee and receive access to all advanced app features.

Payments to Magic Trade Binder, for account services or for any other purpose, are refundable or transferable solely at Magic Trade Binder's discretion.

By using this Service, you agree to this account structure, and to MTB's right to change, modify, or discontinue any type of account or the features available to it at any time.

III. Privacy Policy

Your use of the Mobile app is governed by the Privacy Policy.

Privacy Policy

IV. Indemnity

You agree to indemnify and hold harmless Magic Trade Binder, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Mobile app, including but not limited to out of your violation of this Agreement.

V. Termination

We may terminate your access to all or any part of the Mobile app at any time, at our sole discretion, if we believe that you have violated this Agreement. You agree that any termination of your access to the Mobile app may involve removing or discarding any content you have provided. We may, at our sole discretion, discontinue providing the Mobile app at any time, with or without notice.

If you wish to terminate this Agreement, you may deactivate your account and cease using the Mobile app. You agree that, upon deactivation of your account, we may, but are not required to, remove any content you have provided, at any time past the deletion of your account.

Paid accounts that are terminated for violations of this Agreement will only be refunded at our discretion, and only if such termination should come under our established criteria for issuing refunds.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

VI. License to Reproduce Content

By submitting Content to us for inclusion on the Mobile app, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content, solely for the purpose of displaying, distributing and promoting the contents of your account, including through downloadable clients and external feeds.

If you delete Content, we will use reasonable efforts to remove it from the Mobile app, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

VII. Account Content

You agree to the following provisions for posting Content to the Mobile app:

1. We claim no ownership or control over any Content that you post to the Mobile app. You retain any intellectual property rights to the Content you post, in accordance with applicable law. By posting Content, you represent that you have the rights to reproduce that Content (and the right to allow us to serve such Content) without violation of the rights of any third party. You agree that you will bear any liability resulting from the posting of any Content that you do not have the rights to post.

2. All Content posted to the Mobile app in any way is the responsibility of the owner. Within the confines of international and local law, we will generally not place a restriction on the type or appropriateness of any Content. If Content is deemed illegal by any law having jurisdiction over you, you agree that we may submit any necessary information to the proper authorities.

3. We do not pre-screen Content. However, you acknowledge that we have the right (but not the obligation), in our sole discretion, to remove or refuse to remove any Content from the service. You also agree that we may, without limitation, take any steps necessary to remove Content from the site search engine or member directory, at our sole discretion.

4. If any Content you have submitted is reported to us as violating this Agreement, you agree that we may call upon you to change, modify, or remove that Content, within a reasonable amount of time, as defined by us. If you do not follow this directive, we may terminate your account.

VIII. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we, any user, or any provider of Content links, or that link to us. We do not have any control over those websites and webpages, and are not responsible for their contents or their use. By linking to an external website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of external websites and webpages, whether that link is provided by us or by any provider of Content on the Mobile app.

IX. No Resale of Services

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Mobile app, use of the Mobile app, or access to the Mobile app.

X. Exposure to Content

You agree that by using the service, you may be exposed to Content you find offensive or objectionable. If such Content is reported to us, it will be our sole discretion as to what action, if any, should be taken.

XI. Member Conduct

You agree that you will not use the Mobile app to:

1. Upload, post, or otherwise transmit any Content that is harmful, threatening, abusive, hateful, invasive to the privacy and publicity rights of any person, or that violates any applicable local, state, national, or international law, including any regulation having the force of law;

2. Upload, post, or otherwise transmit any Content that is spam, or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

3. Maliciously impersonate any real person or entity, including but not limited to a Magic Trade Binder staff member or volunteer, or to otherwise misrepresent your affiliation with any person or entity;

4. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

5. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

6. Interfere with or disrupt the Mobile app or servers or networks connected to the Mobile app, or disobey any requirements, procedures, policies or regulations of networks connected to the Mobile app;

7. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;

8. Provide any material that is illegal under United States or Canadian law;

9. Upload, post or otherwise transmit any Content that contains viruses, worms, malware, Trojan horses or other harmful or destructive content;

10. Allow usage by others in such a way as to violate this Agreement;

11. Make automated use of the Mobile app;

12. Access any other person's account, or exceed the scope of the Mobile app that you have signed up for; for example, accessing and using features you don't have a right to use.

13. Violate any local, provincial or federal laws; Rip people off, scam people or con people; Purposefully misgrade cards or agree to a trade without sending the agreed upon cards;

XII. Copyright Infringement

If you believe that material located on the Mobile app violates your copyright, you may notify us in accordance with our Digital Millennium Copyright Act ('DMCA') Policy. We will respond to all such notices as required by law, including by removing the infringing material or disabling access to the infringing material. As set forth by law, we will, in our sole discretion, terminate or deny access to the Mobile app to users of the app who have repeatedly infringed upon the copyrights or intellectual property rights of others.

XIII. Volunteers

We appreciate the service of volunteers in many aspects of Mobile app management, including but not limited to providing technical support, creating app-based content, performing app administration duties, providing expert advice, research, technical writing, reviewing, categorizing, and other duties as necessary.

All volunteers are expected to be of legal age, or volunteering with the consent of a legal parent or guardian.

By volunteering, you agree that any work created as a result of your volunteer service shall be licensed to Magic Trade Binder on a perpetual, irrevocable, and world-wide basis, to the extent permitted by law. You agree that MTB may determine the basis upon which your volunteer work shall be licensed to others, including under Open Source licenses that may permit the further alteration or dissemination of your work. If laws prevent such licensing, you agree never to sue MTB for the use of said work.

By volunteering, you agree that you are providing your work with no expectation of pay or future consideration by MTB. You also agree that you have taken reasonable diligence to ensure that the work is correct, accurate, and free of defect. You agree that you will not disclose or share any proprietary or confidential information you are provided with in the course of your volunteer work.

No user is required to volunteer for the Mobile app, and users without volunteer status will receive equal care, support, and attention.

XIV. Changes

We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. We will take reasonable steps to notify you of any substantial changes to this Agreement; however, it is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Mobile app following the posting of any changes to this Agreement constitutes acceptance of those changes.

We may also, in the future, offer new services and/or features through the Mobile app (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

XV. Disclaimer of Warranties

This Mobile app is provided "as is". Magic Trade Binder and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Magic Trade Binder, nor its suppliers and licensors, makes any warranty that the Mobile app will be error free or that access to the Mobile app will be continuous or uninterrupted. You agree that any interruptions to the service will not qualify for reimbursement or compensation. You understand that you download from, or otherwise obtain content or services through, the Mobile app at your own discretion and risk.

No advice or information, whether oral or written, obtained by you in any fashion shall create any warranty not expressly stated in this Agreement.

XVI. Limitation of Liability

You expressly understand and agree that in no event will Magic Trade Binder, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. We shall have no liability for any failure or delay due to matters beyond our reasonable control.

The foregoing shall not apply to the extent prohibited by applicable law.

XVII. General Information

This Agreement constitutes the entire agreement between us and you concerning your use of the Mobile app. This Agreement may only be modified by a written amendment signed by an authorized representative of Magic Trade Binder, or by the posting of a revised version to this location. Except to the extent that applicable law (if any) provides otherwise, any dispute arising between you and MTB regarding these Terms of Service and/or your use or access of the Mobile app will be governed by the laws of the province of Ontario and the federal laws of Canada, excluding any conflict of law provisions. You agree to submit to the jurisdiction of the provincial and federal courts located in Chatham, Ontario for any disputes arising out of or relating to your use of the Mobile app or your acceptance of this Agreement.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

XVIII. Reporting Violations

To report a violation of this Agreement, please contact us.

Contact Us


Contact Details
Chris Labombard
Email
support@magictradebinder.com