Jun 27, 2017

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MOTL Privacy Statement & Terms of Use

Terms of Use

Please read this notice before using our site. By using the site, you agree to abide by these Terms of Use; please do not use our site if you do not agree with the Terms of Use outlined below. The Magic Online Trading League (MOTL) reserves the right to modify the Terms of Use at its sole discretion, and by using this site, you agree to be bound by the modifications or updates to the Terms of Use.

If you are aged 12 and under, click here for rules applicable to you.

Privacy Notice

MOTL values your privacy. To keep you informed, we have created this privacy statement that discloses our purposes and methods for online collection and use of information. This statement applies to all information collected through the MagicTraders.com website.

Site Operator and Contact for Privacy Inquiries: leshrac@magictraders.com

Types of Information Collected

Generally, personal information is not collected from visitors to the MOTL website. However, in order to access certain special services, personal information is requested; those cases are described in more detail below.

Bulletin Board Registration

MOTL requires a valid e-mail address for users who want to participate in the MOTL trading and discussion forums. This allows us to protect our community from abusive postings and provides a verifiable point of contact should legal questions arise. At any time, you have the ability to keep your e-mail address hidden from other users by selecting that option within your user profile.

Also in the forum registration, you have the option of providing some additional information such as occupation, interests, and homepage URL. This information is made available to other bulletin board users to foster a sense of community. If you have any concerns about providing this information, simply leave the fields blank and your registration will still be processed.

IF YOU ARE 12 YEARS OF AGE OR YOUNGER and would like to participate in the MOTL trading and discussion forums, you will need to print the Parental Consent form and have your parent or legal guardian fax it to MOTL at 510-217-6857 prior to posting on the MOTL trading and discussion forums.

Cookies

Certain activities on the MOTL website involve the use of "cookies" to facilitate your experience. This includes retention of your username and password for the MOTL trading and discussion forums and showing a default Topic View when you visit the forums. You have the option to turn these cookies off at any time by updating your user profile preferences. If your browser doesn't support cookies, or if you have cookies turned off, these preferences will not be set.

We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

Disclosure of Personal Information

It's also important to be aware that when you voluntarily provide personal information (e.g., last name, address, phone number) in a posting on the bulletin board, that information is publicly available and may be used by someone in a manner unintended by you.

MOTL may make public personally identifying information of persons who have commited, or are suspected of commiting, an act of fraud, as per Title 18, Section 1341 of the United States Code, in order to protect its members and others from being abused by these individuals. MOTL does not typically collect this information from these persons themselves, but rather through third parties whom that person has abused. MOTL will make a good faith effort to rectify any situation that would result in the posting of such information, and makes such information public typically only as a last resort.

Privacy for Children Aged 12 and Under

Although MOTL is targeted at a teenage and adult audience, we welcome the participation of younger users with their parents' consent. We strongly recommend that users 12 and under refrain from offering any personal information either in their user profile or in the message boards themselves, and we encourage parents to stay involved in the online life of their children.

Please view a copy of the parental permission form. Prior to a child's registration on the bulletin board, this form must be signed by the child's parent or legal guardian and faxed to the Magic Online Trading League at 510-217-6857.

Parents can review and request deletion of their child's personal information, and can refuse to permit further collection or use of their child's information. In order to request such a review, to revoke previously offered parental consent, or to express any concerns regarding a child's privacy on our website, please e-mail a signed written request to support@magictraders.com or fax it to 510-217-6857.

Changing or Updating Personal Information

If you would like to update or change your user profile on the MOTL bulletin board, just click here.

MOTL Site Usage Agreement

1. MOTL is a Venue.
1.1 Our site acts as a venue to allow anyone to offer and trade just about anything, at anytime, from anywhere, in a variety of trading formats. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
1.2 Identity Verification. We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, MOTL cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on our site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
1.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release MOTL (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
1.4 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.

2. Listing and Selling.
2.1 Listing Description. You must be legally able to trade the item(s) you list on our site.
2.2 Fraud. Without limiting any other remedies, MOTL may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.

3. Restricted Activities.
Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include.
3.1 License. Solely to enable MOTL to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. MOTL will only use Your Information in accordance with our Privacy Policy.

4. Feedback.
By posting a trade in any of the trading forums you agree to allow other MOTL members to post feedback for you via MOTL's feedback system and the Bad Trader Alerts forum, and accept that those posts may be positive or negative. You understand that the only way a "Bad Trader" listing can be removed is at the request of the original poster. Any attempt to threaten MOTL, any MOTL member or owner, or employee to have this feedback removed will cause your access to all MOTL owned sites to be removed permenantly.
4.1 Integrity. You may not take any actions that may undermine the integrity of the feedback system. You are responsible for abiding to the sending rules found at http://www.magictraders.com/sending_rules.shtml

5. Breach.
Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

6. No Warranty.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

7. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

8. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

9. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to trade, and trade of items.



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