These terms of use were last updated in May, 2022.
These Terms of Use (the “Terms”) set forth the terms and conditions under which MagicCraft LTD., a company incorporated in the British Virgin Islands, including its subsidiaries and affiliates (collectively, “MagicCraft”, “us”, “our”, or “we”), and you (“you” or “your”) agree to be governed as it relates to your access and use of the MagicCraft game, cryptocurrency, marketplace (collectively, the “Services”), and the MagicCraft website: https://magiccraft.io (the “Site”). These Terms govern your access to, use of, and interaction with the Services, including any content or functionality provided therein.
Please read these Terms carefully before you access or use the Services. By accessing or using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy.
The Services are offered and available to users who are 18 years of age or older. By accessing or using the Services, you represent and warrant that you are of legal age to form a binding contract with MagicCraft and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
1. MAGICCRAFT’S SERVICES.
a. The MagicCraft Game. The MagicCraft game is an online, turn-based, multiplayer game launched on the Binance Smartchain (the “MagicCraft Game”). Players are free to select customizable characters, join teams, build clans, and engage in online battles with other players.
b. The MagicCraft Cryptocurrency. The MagicCraft game follows a play-to-earn model and incorporates an in-game economy that uses the MagicCraft cryptocurrency (“$MCRT”) as the medium-of-exchange through which transactions can be carried out in the MagicCraft Marketplace.
c. The MagicCraft Marketplace. The MagicCraft Marketplace allows players to buy, sell, or trade in-game items, collectibles, characters, and character abilities specific to the MagicCraft universe (“Items”) using the MagicCraft cryptocurrency (the “MagicCraft Marketplace”). It also allows players to truly own their purchased items by minting them as NFTs.
2. LICENSE.
a. Subject to these Terms, MagicCraft grants to you a personal, non-exclusive, non-assignable and non-transferable license to use the Services provided by or on behalf of MagicCraft (including any updates) only for the purpose of accessing the Service on any computer(s) or other compatible devices on which you are the primary user or which you are authorized to use. All software and software-as-a-service used in connection with the Services (“Software”) is the exclusive property of MagicCraft. Unauthorized copying of the Software, including, without limitation, software that has been modified, merged or included with the Services is expressly forbidden. You may not sublicense, assign, or transfer this license except as permitted in writing by MagicCraft. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void and may result in termination by MagicCraft of your use of the Services. You agree that you shall not copy or duplicate or permit anyone else to copy or duplicate any part of the Services, or create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information made available through the Services.
3. PAYMENTS AND TRANSACTIONS.
a. You must pay us the purchase price of each Item as displayed in MagicCraft Marketplace (plus any applicable taxes and charges, including any Transaction Fees) (the “Price”) using the $MCRT, or other payment method prescribed by MagicCraft. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. Any financial transaction you engage in through the MagicCraft Marketplace will be conducted solely through the Binance Smartchain network. We have no insight into or ability to control these transactions (including reversing transactions). You are responsible for paying any relevant transaction fees incurred in relation to the payment method you select when transacting on the MagicCraft Marketplace (“Transaction Fees”).
b. Sales transaction that occur on the MagicCraft Marketplace may be subject to a fee payable by you to MagicCraft. Such fee will be automatically applied as part of the sales transaction.
c. As between you and MagicCraft, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on MagicCraft’s net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Services (including, without limitation, any Taxes that may become payable as a result of your ownership, transfer, or creation of any NFTs).
4. PURCHASE OF ITEMS.
a. You may purchase Items from the MagicCraft Marketplace. Any purchase from us through the MagicCraft Marketplace is an offer by you to purchase the relevant Item(s) for the price notified (including any charges and taxes) at the time of purchase. Each purchase results in a separate binding agreement between you and us for the supply of the Item(s) in accordance with the Terms. It is your responsibility to check the purchase details, including selected Items and pricing, before you place a transaction through the MagicCraft Game. Notwithstanding anything to the contrary, we reserve the right to reissue and make available the Item(s) with different rarity, specifications, and artwork.
b. The MagicCraft Marketplace allows you to buy and sell Items purchased or earned through the MagicCraft Game, in addition to items purchased or traded with other players (“Third Party Items”). If you wish to buy, sell, or trade an Item or Third Party Items, you must follow the instructions provided in the MagicCraft Game or on the Site to purchase the Items set out in the Listing, and pay the purchase price indicated by the seller. You understand that MagicCraft’s responsibilities are limited to facilitating the user functionality and availability of the MagicCraft Game and Marketplace. We are not a party to any agreement entered into between a buyer and a seller. We have no control over the conduct of buyers, sellers and any other users of the MagicCraft Game. We accept no liability for any aspect of the buyer and seller interaction, including but not limited to the description of Items offered for sale and the delivery of the Item or Third Party Items.
5. CREATION OF NFTs.
a. Any NFTs you create must be unique. Any NFTs that exhibit obvious visual similarities to a pre-existing NFT will be removed from the MagicCraft Marketplace. MagicCraft retains the right to moderate and review NFTs for copyright infringement and to remove NFTs from the MagicCraft Marketplace that violate these Terms.
b. Each new NFT must be different enough from all existing NFTs. If variations are not allowed, no NFT should look like, or be similar to, another NFT even if they differ in size and/or color. New NFTs being sufficiently different from existing NFTs will be determined in the sole discretion of MagicCraft.
c. By creating an NFT on the MagicCraft Marketplace, you agree never to publish the NFT elsewhere. You are solely responsible for ensuring that any NFTs you submit to the MagicCraft Marketplace complies with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights.
d. You agree that any information included in your NFTs may be used in accordance with our Privacy Policy.
e. MagicCraft always has the right, in its sole discretion, to accept or reject any NFTs.
6. SALE OF NFTS.
a. You may make your NFTs eligible to be sold in the MagicCraft Marketplace. You and MagicCraft shall mutually agree on the price for the NFT. You will control the scarcity of the NFT in the MagicCraft Marketplace. Any revenue earned for sales of the NFT, minus any transaction fees, shall be paid to you immediately on the blockchain by the purchaser of your NFT.
b. If you elect to purchase and/or sell NFTs on the MagicCraft Marketplace, any financial transactions that you engage in will be conducted solely through the Binance Smartchain network via a compatible wallet. MagicCraft has no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, MagicCraft will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in on the MagicCraft Marketplace.
7. MAGICCRAFT’S INTELLECTUAL PROPERTY.
a. During your use and access to our Services, you will encounter elements associated with the Services. This includes all of the images, text, information, data, audio, video, visual interfaces, graphics (including without limitation, all art and drawings associated with them), designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), trade names, trade secrets, business names, customer names or internet domain names, and all other elements of MagicCraft’s Services (“Intellectual Property”).
b. Except as otherwise set forth in these Terms, we do not claim ownership over your NFTs.
c. All MagicCraft Intellectual Property is owned by MagicCraft or its licensors, and is protected by U.S. and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and MagicCraft and its licensors, MagicCraft or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all MagicCraft Intellectual Property that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. All logos and trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of MagicCraft or third parties around the world. Your use of the Services does not grant you any ownership over any MagicCraft Intellectual Property, and except for the limited license we grant you under these Terms, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of MagicCraft or any third party. We reserve all rights not expressly granted to you in these Terms.
d. The Software is proprietary to MagicCraft or to third parties, and redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such Software to human-readable form is prohibited. You agree that MagicCraft may update the Software without notice, at any time and in our sole discretion, and that these Terms will apply to any updated versions.
8. YOUR OWNERSHIP OF NFTS.
a. During the operation of the Services, you may upload certain NFTs that you have created to the MagicCraft Marketplace in accordance with these Terms. Except as otherwise set forth in these Terms, you remain the owner of your NFTs at all times, and MagicCraft does not claim any ownership rights in your NFTs.
b. You are solely responsible for ensuring that any NFTs you submit to the Services comply with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information included in your NFTs may be used in accordance with our Privacy Policy. MagicCraft always has the right, in its sole discretion, to accept or reject any NFTs.
c. By using the Services, you grant MagicCraft a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), transferable right and license to use, reproduce, publicly display, distribute and adapt the publicly shared NFTs for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities, and your publicly shared NFTs. You further grant MagicCraft the right to use your name and trademarks, if any, in connection with our use of your publicly shared NFTs.
d. You may make your NFTs available for purchase in the MagicCraft Marketplace. Each NFT is a non-fungible token on the blockchain. When you upload an NFT and make it available for sale in the Marketplace, you retain ownership of all intellectual property rights associated with such NFT but you agree to make a certain number of the NFTs available for sale as NFTs. End users who purchase the NFT own that NFT completely and have the right to sell, trade, donate, give away, transfer, or otherwise dispose of the NFT as they see fit; provided, however, that each NFT will be tokenized so that it will have provable scarcity and proof of ownership.
e. If you make your NFTs available to other users hereunder, you acknowledge and accept that such NFTs: (i) may be made available for purchase in the Marketplace; (ii) can be downloaded from a third party application or website operated by MagicCraft; and (iii) that the purchase of such NFTs is governed by these Terms.
f. MagicCraft attempts to make sure that all NFTs uploaded to the MagicCraft Marketplace are uploaded and made available for sale by their original creator, but MagicCraft is not liable if another user breaches any of our terms and conditions (including these Terms) and/or creates NFTs of which they are not the original creator.
9. RIGHT TO MONITOR, MODERATE, OR REMOVE.
a. You agree that you bear all risks associated with your NFTs. You are solely responsible for safeguarding your NFTs, and MagicCraft has no duty to store copies of NFTs for future availability to you or any user except as otherwise provided under these Terms. MagicCraft does not permit the infringement of intellectual property rights on the MagicCraft Marketplace, and will remove NFTs if properly notified that such NFTs infringe on another’s intellectual property rights. We reserve the right to remove NFTs from the MagicCraft Marketplace, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a user pursuant to these Terms, we reserve the right to terminate the account of any user of the Services who has been notified of infringing activity and/or has had NFTs removed from the MagicCraft Marketplace. We also reserve the right to decide whether NFTs are appropriate and comply with these Terms for violations other than violations of intellectual property law. This shall extend to the right of MagicCraft to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that you and/or third parties add and/or make in relation to your NFTs in any manner that we may determine, whenever we deem it appropriate.
10. USER CONTENT.
a. You may be asked to provide information, documents, and other data to enable your access to our Services. You may also generate data as a result of your use of the Services (collectively, “User Content”).
b. As between you and MagicCraft: (i) all User Content is and remains your property, and (ii) you retain any and all rights, title and interest in and to the User Content, including all copies, modifications, extensions and derivative works thereof.
c. You grant us a limited license to copy, transmit, store and back-up or otherwise access the User Content during the Term solely to: supply the Services; diagnose problems with the Services; enhance and otherwise modify the Services; develop other services, provided we de-identify the User Content; and as reasonably required to perform our obligations under these Terms.
d. You must, at all times, ensure the integrity of the User Content and that your use of the User Content is compliant with all laws. You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all your User Content to us and to grant the rights granted to us in these Terms; and (ii) the User Content and its transfer to and use by us does not violate any laws (including those relating to export control and electronic communications) or rights of any third party, including any Intellectual Property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorised in these Terms is not inconsistent with the terms of any applicable privacy policies. We assume no responsibility or liability for the User Content. You are solely responsible for the User Content and the consequences of using, disclosing, storing or transmitting it. This clause will survive termination or expiry of these Terms.
11. ACCEPTABLE USE POLICY.
a. You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
b. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site.
c. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account and/or reporting you to law enforcement authorities.
12. REPRESENTATIONS AND WARRANTIES
a. Your Use of the Services.
You represent and warrant that: (a) you are over 18 years of age; (b) your use of the Services will not violate any laws applicable in the jurisdiction you reside in; (c) you will not use the Services to perpetrate any crime or facilitate any criminal undertaking; (d) you will not facilitate any third-party to access the Services through your account; (e) you are not setting up an account on behalf of any other person; (f) you will duly comply with any request by MagicCraft to authenticate your identity, address, and source of income, if necessary to comply with anti-money laundering, know-your-customer, and customer-due-diligence obligations.
b. User Content.
By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by MagicCraft in accordance with its Privacy Policy.
c. NFTs.
You represent and warrant that: (a) you own or otherwise control all of the rights to your NFTs; (b) the NFTs are your original creations and are solely the result of your effort; (c) the NFTs are free and clear of liens or encumbrances from any source whatsoever; (d) you know of no adverse claims to the NFTs; (e) you have secured or will have secured prior to submitting the NFTs to MagicCraft, any and all necessary rights, clearances and/or licenses with respect to the NFTs, and any other materials and elements embodied in or used in connection with the Services; (f) any NFT you upload to the Marketplace is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive; and (g) you have not entered into and will not enter into any agreement adverse to or inconsistent with these Terms.
13. INDEMNIFICATION.
a. You agree to indemnify and hold MagicCraft, its directors, officers, employees, and contractors harmless from and against any claims, causes of action, demands, loss or damage by reason of: (i) a breach of any representation, warranty or covenant hereunder; (ii) any exhibition, presentation, distribution or exploitation of your NFTs or any rights therein; (iii) the negligence, fault or default of you, your employees, authorized agents, servants or independent contractors hired by you, or any subcontractor hired by any of the foregoing; and (iv) the negligence, fault, default, failure (technical or otherwise) of any third-party.
b. You shall comply with all applicable country, state, city, and federal laws, ordinances, codes, and regulations which affect your use of the Services and/or your relationship with MagicCraft.
c. You agree to notify MagicCraft promptly, in writing, of any legal claim or action of which you have knowledge, which is in any way related to these Terms or your use of the Services.
d. The warranties, representations and indemnifications contained herein shall survive any termination or expiration of these Terms or your relationship with MagicCraft.
14. DISCLAIMERS AND LIMITATION OF LIABILITY.
NOTHING IN THESE TERMS WILL PREJUDICE THE STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE SERVICES. SOME COUNTRIES, STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE BELOW TERMS MAY NOT FULLY APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS BELOW SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY MAGICCRAFT ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAGICCRAFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, MAGICCRAFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAGICCRAFT DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MAGICCRAFT WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS THESE TERMS. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY LAW, MAGICCRAFT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED US $100.00. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
15. THIRD PARTIES.
a. You acknowledge and agree that: the provision of the Services may be contingent on, or impacted by, third parties, other customers’ use of our services, suppliers, other subcontractors (“Third Party Inputs”); and despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will have no Liability, for any default or breach of these Terms or law, if such default or breach was caused or contributed to by any Third Party Inputs. For clarity, Third Party Inputs may include Metamask, Coinbase, Google Chrome, the Binance Smartchain network, or the Ethereum network. This clause will survive the termination or expiry of these Terms.
16. FEEDBACK.
a. If you provide MagicCraft with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to MagicCraft all rights in such Feedback and agree that MagicCraft shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. MagicCraft will treat any Feedback you provide to MagicCraft as non-confidential and non-proprietary. You agree that you will not submit to MagicCraft any information or ideas that you consider to be confidential or proprietary.
17. MODIFYING AND TERMINATING THE SERVICE.
a. At any time and without notice, MagicCraft reserves the right to modify or stop offering all or part of the Services. MagicCraft may, in its sole discretion and at any time, refuse anyone who requests access to the Services, terminate your rights to create and/or upload NFTs, and/or block or prevent your access to and use of any Services or features governed by these Terms; provided, however, that you will remain the owner of your NFTs in accordance with these Terms.
18. GOVERNING LAW AND FORUM.
a. The rights and obligations of the parties hereunder and the interpretation of these Terms will be governed by the laws of the British Virgin Islands, without giving effect to its principles of conflicts of law. If either party brings against the other party any proceeding arising out of these Terms, that party may bring proceedings only in the courts of British Virgin Islands and no other courts, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.
19. AMENDMENT.
a. MagicCraft reserves the right to amend these Terms at any time by posting a notice on this page. Any user using the Services after an amendment has become effective accepts the Terms as amended. A user who does not accept the amended Terms shall cease use of the Services.
These terms of use were last updated in May, 2022.
Services for this product are facilitated though MagicCraft Ltd.
PRIVACY POLICY
The Website magiccraft.io is owned and operated by MagicCraft Ltd., a private limited company registered under the laws of British Virgin Islands with Company Number 2085497 and registered office Asia Leading Chambers, P.O. Box 986, Road Town, Tortola, British Virgin Islands (hereinafter “MagicCraft”, "the Website", “we” or “us”).
This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you use the MagicCraft Website. We will only use the information that we collect about you in accordance with the applicable data protection legislations including the British Virgin Islands Data Protection Act, 2021 and EU General Data Protection Regulation (GDPR), 2016. Magic Craft reserves the right, at their sole discretion, to modify this Privacy Policy at any time, and such modifications shall be effective immediately upon posting of the same on the Website. You agree to review this document periodically to be aware of such modifications and your continued access or use of the Website shall be deemed as a conclusive acceptance of such modified Privacy Policy.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE OUR WEBSITE.
1.WHAT INFORMATION WE COLLECT
While it is perfectly possible to visit and browse the MagicCraft Website without disclosing any personal information, if you choose to proceed by actively engaging with us (for instance, by buying $MCRT from our Website), you will be asked to provide some personal information including your first name, last name, address, postcode, phone number and email address. For each visitor of our Website, we expressly collect non-personally identifiable information from and about your computer like your IP address, web browser type, version and language, operating system type and version, pages viewed while browsing the site, page access times, referring website address etc. If you are accessing our services through a mobile handheld device, we may request access or permission to certain system information including your mobile device ID number, model, manufacturer, etc. If you wish to change any of the access permissions, you may do so in your device’s settings or write to us using the contact details given at the end of this page.
No part of our Website is directed towards children below 13 years of age and we do not knowingly collect personal information from anyone under the age of 13. If you are under 18 years of age, you may use the Website only with the permission of your parent or guardian. If we learn we have collected or received personal information from a child under 13 years without verification of parental consent, we will promptly delete that information from our database. If you believe we might have any information from or about a child under 13 years, please contact us as soon as possible.
2.HOW WE USE YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. We will securely process your personal information and use it for administration and operation of the Website, including but not limited to the following purposes –
To provide quality services
To update and maintain the user accounts
To personalize user experiences and advertising
To improve future Website development
To enable third parties to carry out technical and logistical functions on our behalf
To notify you about changes to our service
Where you have provided us with consent to use your personal information, you have the right to withdraw this consent at any time by contacting us directly or following the ‘unsubscribe’ link provided in any electronic communications you receive from us.
Any personal information that we process will be stored on a secure server behind a firewall. We will not retain your personal information for longer than is necessary for the processing. Where you have registered and provided your consent to receive communications from us, then we will retain your personal information for this purpose until your consent is withdrawn.
3.DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations as follows:
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the Website. These companies may use information about your visits to our Website and other websites that are contained in web cookies in order to provide advertisements about goods and services that may be of interest to you.
Marketing Communications
With your informed consent (opt-in) we may share your information with third parties for marketing purposes, as permitted by law.
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Under no circumstances do we sell your personal information. We disclose only that personal information that is necessary for the third party to deliver their specific service and we take all reasonable measures to ensure they keep your information fully secure and not use it for any purpose other than the one under which it was disclosed.
4.USE OF COOKIES
We may use cookies, web beacons, tracking pixels, Google analytics and other tracking technologies on our Website to help customize our services and improve your user experience. When you access our Website, your personal information is not collected through the use of tracking technology. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Website. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis. Additionally, MagicCraft may occasionally provide external links and/or advertisements submitted by or directed towards third party websites and services, including but not limited to social media platforms such as Twitter, Instagram, Telegram etc. These third-party websites may use cookies or similar tracking technology to help manage and optimize your online experience with us. MagicCraft accepts no responsibility or liability for the content and activities of these third-party websites. If you decide to purchase any goods and/or services from any such third party website, you agree to do so at your own risk and this Privacy Policy remains no longer applicable.
5.INFORMATION STORAGE AND SECURITY
The personal information which we hold will be held securely in accordance with our internal security policy and the appropriate data protection laws as and where applicable. MagicCraft has implemented generally accepted standards of technology and operational security in order to protect personal information from loss, misuse, or unauthorized alteration or destruction. Unfortunately, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Whilst we strive to use all reasonable efforts to protect your personal information, we cannot guarantee its absolute security. We will notify you promptly in the event of any breach of your personal information which might expose you to serious risk. We will never collect sensitive information about you without your explicit and informed consent.
6.INFORMATION RETENTION AND TRANSFER
MagicCraft may retain your personal information for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your personal information, or remove the means by which the information can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which it was collected, and is no longer necessary for legal or business purposes. All third parties are carefully screened before transfer of any personal information, so we can ensure that there are adequate controls in place and, where relevant, that such third parties are GDPR compliant. In case any of any international transfer of personal information, MagicCraft takes all reasonable steps to ensure that your personal information continues to receive a standard of protection that is at least comparable to that provided under the applicable laws including GDPR.
7.ELECTRONIC COMMUNICATIONS
The communications between you and MagicCraft use electronic means. For contractual purposes, you (a) consent to receive communications from MagicCraft in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MagicCraft provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. With your informed consent (opt-in), such electronic communication may also include periodic emails and/or other messages for our internal marketing and promotional purposes. We take all reasonable measures to ensure that our marketing communications are compliant with the applicable laws including GDPR.
8.YOUR RIGHTS UNDER GDPR
Under the EU General Data Protection Regulation (GDPR), you possess a number of rights in relation to your personal information. These rights include
the right to be informed;
the right of access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to data portability;
the right to object; and
rights in relation to automated decision-making and profiling.
We are committed to upholding these rights at all times. If you wish to exercise any of these rights, please send us a request that (a) provides sufficient detail to allow us to verify that you are the person about whom we have collected personal information, and (b) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it as soon as possible. Please note it will not be possible for us to respond to requests that do not adequately meet the above criteria.
9.GOVERNING LAW
This Privacy Policy shall be governed by and construed in accordance with the laws of British Virgin Islands and all disputes as to the validity, execution, performance, interpretation or termination of this Privacy Policy will be submitted to the exclusive jurisdiction of Courts thereof. If any provision of this Privacy Policy is found by a court of competent jurisdiction to be invalid, such invalidity will not affect the enforceability of any other part or provision of this document.
10.CONTACT US
MagicCraft has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at the following address:
Attn: Data Protection Officer, MagicCraft Ltd.
Address: Asia Leading Chambers, P. O. Box 986, Road Town, Tortola, British Virgin Islands
Email: [email protected]
If you have any further questions, comments or requests regarding this Privacy Policy, please email us at [email protected]
This Privacy Policy was last updated in December 2021.
RESPONSIBLE DISCLOSURE POLICY
In designing MagicCraft’s systems, our personnel give the highest priority to security concerns. Moreover, we actively engage third-parties to review our systems for possible vulnerabilities and exposures. However, it is possible that a bug or potential security concern exists in our systems without our knowledge.
If you are a security researcher interested in reporting any vulnerability to MagicCraft’s Security Team, we recommend you read this Responsible Disclosure Policy.
We value your time and effort in discovering security vulnerabilities in our systems and reporting them to us in good faith
Scope
This Responsible Disclosure Policy applies to any vulnerabilities you are considering to report relating to any services, products, or web properties owned or controlled by MagicCraft.
Reporting
If you have found a security vulnerability in any MagicCraft system, please submit a vulnerability report at [email protected]
In your report, please include the following details:
- Details of the system, technology, website, or webpage where the vulnerability exists.
- A description of the type of vulnerability you have discovered, for example, “Broken Authentication.”
- The step-by-step procedure to reproduce the exploit in a benign and non-destructive manner. This helps us test the vulnerability quickly so we can assign it an accurate priority. It also ensures that the same vulnerability is not reported twice.
- Your complete contact details.
What to Avoid
We request that you do not submit issues regarding the following:
- Vulnerabilities that are theoretical, cannot be demonstrated, and cannot be proven.
- Vulnerabilities lacking a proof of concept.
- Vulnerabilities that can only be exploited through on-path (MITM) attacks, social engineering, or through physical access to a user’s devices.
- Denial of Service or Distributed Denial of Service attacks.
- Failure to observe best practices.
Rules to Observe
In discovering or testing an existing or potential vulnerability, we request that you observe the following rules:
- Do not break any applicable laws regulations.
- Do not violate this policy or any other agreement in effect between you and MagicCraft.
- Do not interact with any accounts which you do not own, except with the express permission of the owner.
- Do not commit any violation of privacy rights, engage in the destruction or modification of data, or cause any interruption of our services.
- Do not retain any data obtained through exploiting a vulnerability for longer than is necessary to complete your research and report the vulnerability to MagicCraft.
- Only use official channels to report the vulnerability to us.
- Give us sufficient time to remedy and patch the vulnerability before publicly reporting it.
- Do not engage in extortion.
What to Expect
When you submit your report, we may take up to five working days to respond. During this time, we will triage your report and determine the impact, severity, and complexity of the vulnerability.
We will notify you once the vulnerability is confirmed to have been remediated. Upon resolution, you are welcome to contact us for the disclosure of your report.
Rewards
MagicCraft is committed to ensuring that anyone who reports a vulnerability in compliance with this policy is fairly compensated, either by having their efforts recognized or in monetary terms. The compensation will be determined by MagicCraft based on the level of risk posed by the discovered vulnerability.