Terms Of Service

Last Updated: May 17, 2023

Welcome to PlantSwap.org, a Service provided by Mobius Path Inc. (“We”, “Our”, “Us”). The following terms and conditions (“Terms of Service”) govern all use of the PlantSwap.org website and all content, services, and products available at or through the website.  

By using the Service, you (“User”, “You”, “Your”) agree to these Terms of Service, our privacy policy, and any community guidelines and supplemental terms provided to you for the Service that you use (collectively, “Terms”). Please read these Terms carefully, as your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. If you disagree with any part of the terms then you may not access the Service.  These Terms apply to all visitors, users and others who access or use the Service.

1. Access to the Service
   You are responsible for your use of the Service, for any content you post to the Service, and for any consequences thereof. All content provided should be considered public.  Do not submit or share any private personal information.  You should only provide content that you are comfortable sharing with others under these Terms.
2. Cookies
   We employ the use of cookies. By using PlantSwap.org’s website you consent to the use of cookies in accordance with our Privacy Policy.
3. User Conduct and Responsibilities
   As a user of PlantSwap.org, you agree to:

• Not use the service for any unlawful purposes or for promotion of illegal activities.
• Only post accurate, lawful information in your listings and interactions.
• Comply with all local laws regarding the trade and transportation of plants, seeds, or other materials.
• Not trade or transport any plants that may show signs of pests or disease.
• Not engage in any activities or post any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Not conduct sales or exchange money on the platform.

4. No Responsibility for Third-Party Content or Interactions
   Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘User Submitted Content’) in areas of the website. We do not control the content posted by users and do not guarantee the accuracy, integrity, or quality of such content. We do not endorse any opinions expressed by users.  PlantSwap.org does not screen, edit, publish or review User Submitted Content prior to its appearance on the website and User Submitted Content does not reflect the views or opinions of PlantSwap.org, its agents or affiliates. User Submitted Content reflects the view and opinion of the person who posts such view or opinion.

You understand and agree that your interactions with other users are solely between you and such users and that we will not be responsible or liable for any loss or damage of any sort incurred as a result of such interactions.

PlantSwap.org shall not be responsible or liable for the User Submitted Content or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the User Submitted Content on this website.

5. User Submitted Content
   PlantSwap.org reserves the right to monitor all User Submitted Content and to remove any User Submitted Content which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the User Submitted Content on our website and have all necessary licenses and consents to do so;
• The User Submitted Content does not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
• The User Submitted Content do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
• The User Submitted Content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
• You hereby grant to PlantSwap.org a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your User Submitted Content in any and all forms, formats or media.

6. License
   Unless otherwise stated, PlantSwap.org and/or its licensors own the intellectual property rights for all material on PlantSwap.org. All intellectual property rights are reserved. You may view and/or print content created by PlantSwap.org for your own non-commercial personal use subject to restrictions set in these terms and conditions.

You must not:

• Republish material from PlantSwap.org
• Sell, rent or sub-license any material from PlantSwap.org
• Reproduce, duplicate or copy material from PlantSwap.org
• Redistribute content from PlantSwap.org 
• The only exceptions to these restrictions are the content specifically marked for sharing, such as the promotional materials and templates specifically intended for sharing. 
• All content shared from our website must be clearly marked with our logo and website, and only be used in accordance with all applicable laws, for lawful purposes.

7. Indemnification
   You agree to defend, indemnify and hold harmless PlantSwap.org,  its parent company Mobius Path Inc, contractors, agents, members, managers, officers, directors, shareholders, affiliates, employees, and volunteers 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:

• your use of and access to the PlantSwap.org Service;
• your violation of any term of these Terms of Service;
• your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
• any claim that your content caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the PlantSwap.org Service.

8. Termination
   We may terminate or suspend your access to the Services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
9. Changes to the Terms of Service
   We may modify the Terms of Service at any time in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms of Service on the Site or through other communications. Your continued use of the Service after the date the modified Terms of Service are posted will constitute your acceptance of the modified Terms of Service.
10. Governing Law
    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the location of our headquarters.
11. Contact Information
    For any questions about these Terms of Service, please contact us at co*****@pl*******.org

Please note that the use of the PlantSwap.org service constitutes an agreement to all terms listed in this document.