Terms Of Service and Privacy Policy

Welcome to PlantSwap.org
Last updated: March 30, 2019
TERMS OF SERVICE (“Terms”)

  1. These terms and conditions outline the rules and regulations for the use of PlantSwap.org’s Website.  PlantSwap.org is based in: New York, United States.
  2. By accessing or using the Service you agree to be bound by these Terms in full. 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.
  3. Terminology
    1. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “User”, “Member”, “Client”, “You” and “Your” refers to you, the person accessing this website and accepting these terms and conditions. The “Service”, “Organization”, “Platform”, “Company”, “Ourselves”, “We”, “Our” and “Us”, refers to PlantSwap.org. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
  4. Cookies
    1. We employ the use of cookies. By using PlantSwap.org’s website you consent to the use of cookies in accordance with PlantSwap.org’s privacy policy, to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for visitors. Some of our affiliate / advertising partners may also use cookies.
  5. License
    1. 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 pages from https://PlantSwap.org for your own personal use subject to restrictions set in these terms and conditions.
    2. You must not:
      1. Republish material from https://PlantSwap.org
      2. Sell, rent or sub-license material from https://PlantSwap.org
      3. Reproduce, duplicate or copy material from https://PlantSwap.org
      4. Redistribute content from PlantSwap.org (unless content is specifically made for redistribution).
  6. Accounts
    1. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
    2. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
    3. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
  7. User Submitted Content
    1. 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. 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.
    2. To the extent permitted by applicable laws 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.
    3. 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.
    4. You warrant and represent that:
      1. You are entitled to post the User Submitted Content on our website and have all necessary licenses and consents to do so;
      2. 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;
      3. The User Submitted Content do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
      4. The User Submitted Content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
      5. 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.
  8. No use of PlantSwap.org’s logo or other artwork will be allowed absent a trademark license agreement.
  9. Links To Other Websites
    1. Our Service may contain links to third-party Websites or services that are not owned or controlled by PlantSwap.org.
    2. PlantSwap.org has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Websites or services. You further acknowledge and agree that PlantSwap.org shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Websites or services.
    3. We strongly advise you to read the terms and conditions and privacy policies of any third-party Websites or services that you visit.
  10. Links to Our Website
    1. We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.
    2. Removal: If you find any link on our Website or any linked Website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
    3. We do not in any way warrant the completeness or accuracy of information on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
    4. Content Liability: we shall have no responsibility or liability for any content appearing on Your Website. You agree to indemnify and defend us against all claims arising out of or based upon Your Website. No link(s) may appear on any page on Your Website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
  11. Termination
    1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
    2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    3. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
    4. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
    5. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  12. Changes
    1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
    2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
  13. Governing Law
    1. These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
    2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
  14. Disclaimer
    1. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
    2. Nothing in this disclaimer will limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
    3. The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
      1. (a) are subject to the preceding paragraph; and
      2. (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
    4. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
  15. Credits
    1. This Terms and conditions page was created with help from https://termsandconditionstemplate.com and https://termsfeed.com/terms-conditions/generator/

PRIVACY POLICY

PlantSwap.org and NYCPlantSwap.org Privacy Policy

  1. This privacy policy discloses the privacy practices for PlantSwap.org, aka NYCPlantSwap, aka NYCPS, and our websites at plantswap.org and nycplantswap.org. This privacy policy applies solely to information collected by these web sites. It will notify you of the following:
    1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
    2. What choices are available to you regarding the use of your data.
    3. The security procedures in place to protect the misuse of your information.
    4. How you can correct any inaccuracies in the information.
  2. Information Collection, Use, and Sharing
    1. We are the sole owners of the information collected on this site, except in the cases disclosed below in which we may share that information as described. We will never sell or rent this information to anyone.
  3. Your contact information will also be visible to other website members on any listings you create. You may delete listings at any time, however we can make no guarantees regarding how your information will be stored or used by other members.
  4. Unless you ask us not to, we may contact you via email in the future to tell you about upcoming projects, events, news, or changes to this privacy policy.
  5. Your Access to and Control Over Information
    1. You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or contact form given on our website:
    2. See what data we have about you, if any.
    3. Change/correct any data we have about you.
    4. Have us delete any data we have about you.
    5. Express any concern you have about our use of your data.
  6. Security
    1. We take precautions to protect your information. We will never ask you for any sensitive financial information.  If anybody ever contacts you claiming to be affiliated with NYCPS but asking for information such as a credit card number or your Social Security number, do NOT respond.  Please report any such activity to us immediately.
    2. We do occasionally conduct fundraisers or ask for donations.  In such cases, our website will provide all the relevant information and link to another platform (such as IndieGoGo) where all the financial transactions will take place.  We believe such dedicated platforms are much better equipped to protect sensitive transaction data. NYCPS will not be provided with and will in no way have access to or store any credit card information.
  7. Registration
    1. In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest.
  8. Cookies
    1. We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
    2. Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.
  9. Sharing:
    1. We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
  10. Links
    1. This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
  11. Updates
    1. Our Privacy Policy may change from time to time and all updates will be posted on this page.
  12. If you have any questions, or feel that we are not abiding by this privacy policy, please contact us immediately via Our Contact Page.
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