MTGGoldfish Terms of Use

Updated Mar. 17, 2016, Version 1.1

This Website is owned and operated by MTGGoldfish, Inc, a Delaware Corporation, located in California (“MTGGoldfish”). In this Terms of Use, the user may be referred to as “you” and MTGGoldfish may be referred to as “us”, “we”, or “our.” By using or accessing the MTGGoldfish Website (“Website”) you agree to these Terms of Use and the Privacy Policy.

TERMS OF CREATING AN ACCOUNT & WEBSITE ACCESS

1. You must be at least 18 years old to use the MTGGoldfish Website.
2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos on the Website.
3. 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.
4. MTGGoldfish prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
5. You represent that all information you provide or provided to MTGGoldfish 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.
6. You agree that you will not solicit, collect or use the login credentials of other MTGGoldfish users.
7. You are responsible for keeping your password secret and secure.
8. 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.
9. 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.
10. 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.
11. 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 any the Website is rendered or displayed in a user's browser or device.

LOGIN THROUGH SOCIAL MEDIA & THIRD PARTY SITES

MTGGoldfish 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 MTGGoldfish 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 MTGGoldfish develop. MTGGoldfish makes no guarantees that content provided through the Website will remain available to the public through the Website. MTGGoldfish may also update or alter the layout, designs, or links within the Website.

LINKS TO THIRD PARTY WEBSITES

MTGGoldfish 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. MTGGoldfish 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 MTGGoldfish. MTGGoldfish 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. MTGGoldfish 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 MTGGoldfish 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 by on the Website are subject to change without specific notice to you. In consideration for MTGGoldfish granting you access to and use of the services, you agree that MTGGoldfish may place such advertising on the Website.

PAYMENT, FEES, AND OTHER CHARGES

If you elect to access any paid component of the Website, such as subscribing for Premium Membership, 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 MTGGoldfish’s choosing.

USE OF MTGGOLDFISH INTELLECTUAL PROPERTY

Unless otherwise noted or unless placed on Website by MTGGOLDFISH 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 MTGGOLDFISH and other trademarks appearing on the Website are the trademarks of MTGGOLDFISH 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 forums, emails to MTGGoldfish, and personal accounts, included though not limited to text, graphics, 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, MTGGOLDFISH, 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 MTGGOLDFISH, 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 MTGGOLDFISH 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, MTGGOLDFISH 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 MTGGoldfish 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.

MTGGoldfish 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 MTGGoldfish 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 CONFIDENTAL INFORMATION BY USER

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

DIGITAL MILLENNIUM COPYRIGHT ACT & REQUESTS FOR CONTENT REMOVAL

If you believe that any content appearing on the Website infringes your copyright rights, we want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:

(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.

MTGGoldfish seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

COMMENTS & FEEDBACK

In compliance with your rights under California Civil Code 1789.3, you have the right to contact MTGGoldfish with any complaints or to seek additional information. You may email MTGGoldfish at contact@mtggoldfish.com. You may also call (650) 382-3125. For any physical documents, you may send mail to MTGGoldfish, Inc., PO BOX 1972, Burlingame, CA, 94011

If California users have any questions or complaints about MTGGoldfish, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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 MTGGoldfish, 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 MTGGoldfish 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 MTGGoldfish 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.