General

LICENCE TERMS AND CONDITIONS – APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS

These terms and conditions (“Terms”) set out important information regarding the rights, obligations and restrictions that may apply to you as a “User” when you access our “Website” at https://bigar.com/ and/or access, use or download MTG Manager “Application” available on “Devices” such as cell phones, tablets, and personal computers, and any “Services” offered in conjunction with the Application or Website. The Services may include content and media identification and exploration and, in some cases, access to related “Third Party Applications and/or Sites” that can be used in conjunction with the Services (for example, e-commerce providers, social networking sites, sites accessible via QR codes, information and access feature providers). The Services, where not specifically provided otherwise, are supplied by BigAR, a TSCG brand (“we,” us,” and “our” as appropriate). We are a limited company incorporated in Portugal. Our registered office is at: Praça de Alvalade, number 7, 2nd floor, 1700-036 Lisboa. You can also contact us by phone: +351 (21) 7960505 and email suport@bigar.com.

These Terms may be accessed via the Application directly from your Device or on our Website. Any translations of these Terms are provided as a courtesy to you and the definitive text of these Terms is the English (UK) version.

By using our Services, you (1) represent you are over the age of 18; and (2) agree to be bound by these Terms and any applicable laws regarding your use of MTG Manager. You must also pay any charges for the Services which may be applicable. DO NOT USE THE SERVICES IF THESE TERMS ARE UNACCEPTABLE TO YOU.

Please note:

  1. In the event that you are or become a paying customer of any part of the Application and/ or Services or any other product part of the MTG Manager offering, we will provide to you relevant information regarding price, delivery procedure and cancellation options on a case–by-case basis, before completing the payment for your purchase. Any purchase will be effective upon the processing of your payment.
  2. Once you start using MTG Manager, you hereby agree to waive any right to a limited period in which you could revoke your purchase or claim a refund upon cancellation of your purchase (also known as a cooling off period) (if any) available to you under any applicable e-commerce regulations or consumer protection laws. In the event a waiver of these rights is prohibited under the law, this cooling off period shall be limited to seven (7) days or (if shorter) the minimum period permitted by law.
  3. Each time you attempt to interact with MTG Manager, such as when you scan a card, you will send data for which your network operator will charge at your usual data rates.
  4. Unless otherwise specifically provided by us, our licence to you under these Terms is personal to you and allows you to access and use the Application and the Services only on the Device on which the software was first installed. The licence is not transferrable to another person or another Device without our agreement, which will only be given in exceptional circumstances, or if otherwise expressly provided in these Terms.

Usage Policy

We may change, suspend or discontinue any aspect of MTG Manager at any time, including the availability of any feature, database and/ or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability.

Continued use of the Application and/ or Services may require a download of new releases of software with different functionality and that may have different licence terms.

COPYRIGHT

We respect the intellectual property of others, and we ask our Users to do the same. All Magic the Gathering cards, art and materials are property of Wizards of the Coast LLC.

Availability of Services

We will do our best to offer you a smooth service, but we give no guarantees that MTG Manager will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services, at support@bigar.com or by using our in-app support options, and we will attempt to correct the fault as soon as we reasonably can.

We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavor to keep disruption to a minimum.

New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.

Legal Protection and Limitations

You acknowledge that MTG Manager’s Website and Applications (and any other Third Party Applications and/or Sites) licensed by us to you are our property (or that of the relevant third party). You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) license to use MTG Manager or any Third Party Application and/or Site for the purpose of accessing and using the Services. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application and/or Site. You will not copy any part of MTG Manager or any Third Party Applications and/or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of MTG Manager or such Third Party Application and/or Site to any person.

You agree to not use MTG Manager to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt MTG Manager or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of MTG Manager; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.

You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of MTG Manager and/or any Third Party Applications and/or Sites.

Under no circumstances will we or our respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use MTG Manager (and any other applications) which we license to you, any content delivered to you or MTG Manager, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees for a three (3) month period or the maximum amount of fifteen dollars ($15), whichever is higher. Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only, the above disclaimers, limitations or exclusions may not apply to you to their full extent.

Nothing in these terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence. Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.

All trademarks, logos, designs and images used in connection with the Application, Website and Services remain the property of BigAR or their respective owners.

If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at support@bigar.com.

We may amend these Terms at any time by posting the amended terms on our Website and/ or by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. If you continue to use the Application and/ or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, Services may be terminated.

Unsolicited Ideas and Feedback

We welcome your feedback on what we are currently doing (both positive and negative). If you want to send us your feedback, we ask that you use our contact form. Any feedback you provide to us can be used by us on an unrestricted basis and treated by us as non-confidential.

Resolving Disputes

These Terms and the relationship between you and us shall be governed by the laws of Portugal without regard to its conflict of law provisions. In the event of a dispute, we want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting support@bigar.com. We’ll try to resolve the dispute informally by contacting you via email.