LEGAL NOTICE, INFORMATION AND ITS ACCEPTANCE
This legal notice and information (hereafter, ‘the Legal Notice’) governs the use of the service that the Internet website ‘www.MtgLuxury.com’ (hereafter, ‘the Website’) provides to its users.
The use of the Website entitles the condition of Website User (so on, ‘the User’) and it implies the fully acceptance, without reserve, of all and each of the regulations included in this Legal Notice and in the Terms and Conditions published by MtgLuxury at the moment of registration on the Website. As a consequence, the User must read carefully this Legal Notice every time he/she sets out to use the Website, as it may be modified in the future.
Certain services provided to the Users by the Website are governed by specific terms and conditions (hereafter, ‘Terms and Conditions’) which, depending on each case, may replace, complete and/or modify this Legal Notice. Therefore, prior to the use of such services, the User must also read each specific Terms and Conditions.
Likewise, the use of the Website is governed by all notices, regulations and conditions of use subsequently informed by MtgLuxury to the Users that may replace, complete and/or modify this Legal Notice.
Through the Website,MtgLuxury allows Users the access and utilization of a variety of services, products and contents (hereafter, ‘the Services’) provided by MtgLuxury or by third parties.
CONDITIONS OF ACCESS AND UTILIZATION OF THE WEBSITE
1. ‘Cost-free’ nature of the access and utilization of the Website
The provision of Services by MtgLuxury has a ‘cost free’ nature for the Users. Nevertheless, the trading Service (buying/selling) carried out using the MtgLuxury Website will have a cost that will be charged to buyers in the form of a ‘sales fee’. These sales fees will be invoiced to such Users on a monthly basis, being the same Users responsible for their payment to MtgLuxury for the use of the Website.
2. Registration of Users
In general terms, the browsing of the Website does not require the registration of users. However, registration is required in case users want to use the Website for trading purposes (buying/selling). MtgLuxury makes conditional the utilization of some of the Services on the previous fulfillment of the user registration form, which is available to any individual who wants to register as user.
3.Truthfullness of the information
All the information provided by the User through the Services must be true, accurate, and real. For this purpose, the User guarantees the authenticity of all the data provided as a consequence of the fulfillment of the forms required for the subscription to the Services. Likewise, it will be the responsibility of the User to keep all this information provided to MtgLuxury permanently updated, in a such a way that this information reflects, at all moments, the real situation of the User. In all cases, the User will be the only responsible person for all the false or inaccurate statements he/she makes, as well as for all potential damage that he might cause to MtgLuxury or to third parties as a result of the information he/she provides.
4.Minors (under 18 years old of age)
In order to use the Services, Users must be older than 18 years old at the time of registration, or, failing that condition, obtain a parental authorization.
The entire responsibility in the decision of which specific contents and services are accessible to minors belongs exclusively to those who are in charge of those minors. As the Internet allows the access to contents that might not be appropriate for minors, it is informed to the Users that MtgLuxury has set up mechanisms, in particular filtering and blocking software, that are able to limit the contents available in the Website and, even though they are not infallible, they are very useful in the process of controlling and restricting the materials to which minors can access.
5. Obligation of directing a correct use of the Website and its Services
The User agrees to use the Website and its Services according to the law, to this Legal Notice, to the specific Terms and Conditions of some Services, and to other notices, regulations and conditions of use released by MtgLuxury, as well as with the ethical standards and the good habits generally accepted by the public policy.
Pursuing that goal, the User will refrain from using any of the Services for purposes that are: illicit or fraudulent; expressly forbidden in this Legal Notice; detrimental to the rights and interests of third parties; or those intended to damage, make useless, overload, deteriorate or prevent from its normal functioning the Services, the IT systems or the documents, files or any content stored in any computer or server (hacking) belonging to, or in use by, MtgLuxury, other Users, or any other internet user (hardware and software).
In particular, the User agrees not to do any actions that include, but are not limited to: the transmission, diffusion or communication to third parties information, data, contents, messages, graphics, pictures, sound or image files, photographs, recordings, software and in general any kind of material that disdains or violates fundamental rights or public liberties recognized in international treaties and in any domestic legislation; as well as any material that incites or promotes activities that can be considered as criminal, degrading, defamatory, violent or in general contrary to the law, the most basic ethic standards and habits generally accepted.
6. Obligation of directing a correct use of the Contents
The User agrees to use the contents available at the Website, understanding as such, but not limited to: texts, photographs, graphics, images, icons, technology, software, links and other visual or audible contents, as well as their graphic design and source code (hereafter, ‘the Contents’); according to the law, this Legal Notice, the specific Terms and Conditions of some of the services, and other notices, regulations and conditions published by MtgLuxury, as well as to the ethic standards, generally accepted good habits and the public policy.
In particular, the User agrees to refrain from reproducing, copying, distributing, spreading or publicly communicating, transforming or modifying the Website Contents, unless the User is licensed by the copyright owner to do so; as well as deleting, manipulating or in any other form altering the copyright and any other identifying data belonging to the rights reserve of MtgLuxury or its owners.
7. MtgLuxury Anti-Spam Policy
The User is obliged to refrain from collecting data for advertisement purposes and from remitting or transferring publicity and/or communications of any kind with a commercial nature or purpose without previous authorization or consent; as well as from sending or transferring any other unrequested or not previously consented messages to an individual or group of individuals. Any violation to this rule may lead to the temporary suspension or permanent cancelation of the account, without detriment of the right of MtgLuxury of initiating legal actions against the violator of this clause.
1. Exclusion of guarantee and responsibility for the functioning of the Website and its Services
1.1 Availability and continuity, usefulness and infallibility
MtgLuxury does not guarantee the availability and continuity in the functioning of the Website and its Services. Whenever it is reasonable possible, MtgLuxury will previously inform of the interruption in the functioning of the Website and its Services. MtgLuxury neither guarantees the usefulness of the Website and its Services for the direction of any activity in particular, nor its infallibility either, and in particular, and not limited to, that Users will be actually able to use the Website and its Services, have access to the different web pages that belong to the Website or those from where the Services are provided.
MtgLuxury EXCLUDES, WITH ALL THE EXTENSION THAT IS ALLOWED BY THE LAW, ANY RESPONSIBILITY FOR THE DAMAGES OF ANY NATURE THAT MAY BE CAUSED TO USERS AS A RESULT OF THE LACK OR DISRUPTION IN THE AVAILABILITY OR CONTINUITY IN THE FUNCTIONING OF THE WEBSITE AND ITS SERVICES, AND IN PARTICULAR, BUT NOT LIMITED TO, RESPONSIBILITY FOR THE FAILURES IN THE ACCESS TO THE DIFFERENT WEB PAGES OF THE WEBSITE OR TO THOSE FROM WHERE THE SERVICE IS PROVIDED.
1.2 Privacy and reliability in the utilization of the Website and its Services
MtgLuxury does not guarantee the privacy and reliability in the use of the Website and its Services, and in particular, does not guarantee that third parties could have access to the type, conditions, characteristics and circumstances in which the Users utilize the Website and its Services.
MtgLuxury EXCLUDES, WITH ALL THE EXTENSION ALLOWED BY THE LAW, ANY RESPONSIBILITY FOR THE DAMAGES OF ANY NATURE THAT COULD BE DERIVED FROM THE INFORMATION THAT UNAUTHORIZED THIRD PARTIES COULD COLLECT ABOUT THE TYPE, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES IN WHICH THE USERS UTILIZE THE WEBSITE AND ITS SERVICES.
2. Exclusion of guarantee and responsibility for the Contents
MtgLuxury does not control and does not guarantee the absence of virus or any other harmful elements in the Contents that could cause alterations in your computer or IT systems (software and hardware) or in the electronic documents and files stored in your computer or IT systems.
MtgLuxury EXCLUDES, WITH ALL THE EXTENSION ALLOWED BY THE LAW, ANY RESPONSIBILITY FOR THE DAMAGES OF ANY NATURE CAUSED BY THE PRESENCE OF VIRUSES OR ANY OTHER ELEMENTS IN THE CONTENTS OF THE WEBSITE THAT MAY CAUSE ALTERATIONS IN YOUR COMPUTER OR IT SYSTEMS, ELECTRONIC DOCUMENTS OR FILES BELONGING TO THE USER.
2.2 Legality, reliability and usefulness
MtgLuxury does not guarantee the legality, reliability and usefulness of the Contents.
MtgLuxury EXCLUDES, WITH ALL THE EXTENSION ALLOWED BY THE LAW, ANY RESPONSIBILITY FOR THE DAMAGES OF ANY NATURE CAUSED BY THE TRANSMISSION, DIFFUSION, STORAGE, RECEPTION, COLLECTION OR ACCESS TO THE CONTENTS, AND IN PARTICULAR, BUT NOT LIMITED TO, FOR THE DAMAGES CAUSED BY:
THE VIOLATION OF THE INTELECTUAL AND INDUSTRIAL PROPERTY RIGHTS; OF THE CORPORATE/ENTERPRISE SECRETS; OF THE CONTRACTUAL COMMITMENTS OF ANY KIND; OF THE RIGHT TO THE SELF HONOR, THE PERSONAL AND FAMILIAR INTIMACY AND THE GOOD IMAGE OF THE INDIVIDUALS; OF THE PROPERTY AND ANY OTHER RIGHTS BELONGING TO A THIRD PARTY AS A CONSECUENCE OF THE TRANSMISSION, DIFFUSION, STORAGE, RECEPTION, COLLECTION OR ACCES TO THE CONTENTS; AS WELL AS THE EXECUTION OF ACTS OF UNFAIR COMPETITION AND ILLICIT PUBLICITY AS A CONSEQUENCE OF THE TRANSMISSION, DIFFUSION, STORAGE, RECEPTION, COLLECTION OR ACCESS TO THE CONTENTS, AND OF THE LACK OF VERACITY, ACCURACY, COMPREHENSIVENESS, PERTINENCE AND/OR UPDATE STATUS OF THE CONTENTS.
2.3 Veracity, accuracy, comprehensiveness and updated status
MtgLuxury cannot guarantee the veracity, accuracy, comprehensiveness and update status of the Contents.
MtgLuxury EXCLUDES, WITH ALL THE EXTENSION ALLOWED BY THE LAW, ANY RESPONSIBILITY FOR THE DAMAGES OF ANY NATURE CAUSED BY THE LACK OF VERACITY, ACCURACY, COMPREHENSIVENESS AND/OR UPDATE STATUS OF THE CONTENTS.
3. Exclusion of guarantee and responsibility for the services provided by third parties through the Website
MtgLuxury does not control neither guarantees the absence of viruses or any other harmful elements in the services provided by third parties through the Website that could cause alterations in your computer or IT systems, as well as in the documents or files that could be sent between users.
MtgLuxury EXCLUDES ANY RESPONSIBILITY FOR THE DAMAGES OF ANY NATURE THAT COULD BE CAUSED BY THE PRESENCE OF VIRUSES OR ANY OTHER HARMFUL ELEMENTS IN THE SERVICES PROVIDED Y THIRD PARTIES THROUGH THE WEBSITE THAT COULD CAUSE ALTERATIONS IN THE COMPUTER, IT SYSTEMS, ELECTRONIC DOCUMENTS OR FILES OF THE USERS.
3.2 Legality, reliability and usefulness
MtgLuxury does not guarantee the legality reliability and utility of the services provided by third parties through the Website.
MtgLuxury EXCLUDES, WITH ALL THE EXTENSION ALLOWED BY THE LAW, ANY RESPONSIBILITY FOR THE DAMAGES OF ANY NATURE CAUSED BY THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE, AND IN PARTICULAR, BUT NOT LIMITED TO, FOR THE DAMAGES CAUSED BY THE VIOLATION OF THE LAW, THE MOST BASIC ETHIC STANDARDS, THE GENERALLY ACCEPTED GOOD HABITS AND THE PUBLIC POLICY AS A CONSEQUENCE OF THE PROVISION OF SERVICES BY THORD PARTIES THROUGH THE WEBSITE, AS WELL AS THE VIOLATION OF THE INTELECTUAL AND INDUSTRIAL PROPERTY RIGHTS; OF THE CORPORATE/ENTERPRISE SECRETS; OF THE CONTRACTUAL COMMITMENTS OF ANY KIND; OF THE RIGHT TO THE SELF HONOR, THE PERSONAL AND FAMILIAR INTIMACY AND THE GOOD IMAGE OF THE INDIVIDUALS; OF THE PROPERTY AND ANY OTHER RIGHTS BELONGING TO A THIRD PARTY AS A CONSECUENCE OF THE PROVISION OF SERVICES BY THIRD PARTIES THORUGH THE WEBSITE.
In addition to that, MtgLuxury EXCLUDES ANY RESPONSIBILITY FOR THE EXECUTION OF ACTS OF UNFAIR COMPETITION AND ILLICIT PUBLICITY AS A CONSEQUENCE OF THE PROVISION OF SERVICES BY THIRD PARTIES THORUGH THE WEBSITE; AS WELL AS FOR THE LACK OF VERACITY, ACCURACY, COMPREHENSIVENESS AND/OR UPDATE STATUS OF THE CONTENTS TRANSMITTED, SPREAD, STORED, RECEIVED, OBTAINED OR ACCESSED BY THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE.
4. Exclusion of guarantee and responsibility for utilization of the Website, the Services and the Contents by the Users
MtgLuxury does not have the obligation of controlling and therefore does not control the utilization by the Users of the Website, the Services and the Contents. In particular, MtgLuxury does not guarantee that the utilization of the Website, the Services and the Contents by the Users is directed according to this Legal Notice and, in its case, to the Specific Terms and Conditions of each service; and neither guarantees that they do it in a diligent and prudent way. MtgLuxury neither has the obligation of verifying and therefore does not verifies the identity of the users, or the veracity, validity, comprehensiveness and/or authenticity of the information that the Users provide about themselves to other Users.
MtgLuxury EXCLUDES, WITH ALL THE EXTENSION ALLOWED BY THE LAW, ANY RESPONSIBILITY FOR THE DAMAGES OF ANY NATURE CAUSED BY THE UTILIZATION OF THE SERVICES AND THE CONTENTS BY THE USERS; OR FOR THE DAMAGES THAT COULD BE CAUSED TO THE LACK OF VERACITY, VALIDITY, COMPREHENSIVENESS AND/OR AUTHENTICITY OF THE INFORMATION THAT THE USERS PROVIDE ABOUTH THEMSELVES, AND IN PARTICULAR, BUT NOT LIMITED TO, FOR THE DAMAGES OF ANY NATURE CAUSED BY THE SUPPLANTING OF THE IDENTITY OF A THIRD PARTY DIRECTED BY A USER IN ANY TYPE OF COMMUNICATION MADE THROUGH THE WEBSITE.
PERSONAL DATA PROTECTION
According to the current regulation about personal data protection, MtgLuxury informs the clients of the existence of an automated personal data file created by MtgLuxury, which is under its responsibility, and which purpose is directing the maintenance and the management of the contractual relationships with the clients. The client has the possibility of exercising, according to the mentioned regulation, the rights of accessing, correcting, cancelling and opposing his/her personal information, by writing to MtgLuxury at Ref. Data. Calle La Bañeza, 4; 4º-3, Madrid (Spain) 28029, including a photocopy of his/her password or any other identification that accredits his/her identity.
MtgLuxury commits to the compliance of its obligation of secrecy regarding the personal information of users and its duty of keeping them with diligence, even after the termination of the contractual relationship, by adopting the security measures that the legislation imposes in order to avoid its alteration, loss or unauthorized access or treatment.
The client gives his/her consent to MtgLuxury to receive from the Website notifications about products or services provided by it. If he/she does not wish to receive any of these advertisements, he/she can communicate it by writing to the address referred at the beginning of this section, always indicating the date and original signature of the sender.
PROCEDURE AT THE EVENT OF DETECTION OF UNLAWFUL ACTIVITY
In case that any User or third party considers that there are facts or circumstances that reveal the unlawful use of any Content and/or the direction of any activity in the web pages included or accessible through the Website, and in particular, the violation of intellectual or industrial property rights (patents, industrial models and drawings, brands and commercial names, etc.) or other rights, they must notify MtgLuxury sending an email to ilegalactivity@MtgLuxury.com, including the following information:
Personal data of the claimant: name, address, telephone number, email address and specification of the supposed unlawful activity directed in the Website and, in particular, if the unlawful activity entails a supposed violation of rights, a precise and concrete indication of the protected contents, its location in the web pages and the facts and circumstances that reveal the unlawful nature of such activity.
SUSPENSION AND CANCELATION OF THE SERVICE
MtgLuxury reserves the right to suspend or cancel at any time and without previous notice the provision of the Services to those Users that are not in compliance with the rules established in this Legal Notice.
DURATION AND TERMINATION
The provision of the Website service and of the rest of the Services has, initially, an undefined duration. Nevertheless, MtgLuxury is authorized to suspend or terminate the provision of the Website service and/or of any of the Services at any time, without detriment of the specific actions stated in the particular Terms and Conditions of each service. Whenever it is reasonable possible, MtgLuxury will warn prior to the suspension or cancelation of the provision of the Website service and the rest of the Services to the Users.
This Legal Notice is governed in each and all of its sections by the Spanish Law.
This version of the Legal Notice is a translation to the English language of a legal document originally worded in Spanish. The wording and legal interpretation of this document in Spanish language will prevail before any other version and/or translation.