Revised: february 29, 2012
Updates and modifications
We will attempt to notify all users to these updates, but we are not obliged to do so. We expect the users to review the terms
of use from time to time, and the date of latest modification will be visible at the bottom of the page as reference to any updates.
User submitted content: responsibility
You agree that you carry all responsibility for any type of content you transmit to Floraswapper,
no matter if the content is public or privately transmitted. Since we have no control over content posted by our users,
Floraswapper can not guaranty the accuracy, integrity or quality of this content, and disclaims any and all liability in
connection with such content. You agree that you will not submit content that violates applicable
local, national and international laws and regulations.
You understand that we are not obligated to pre-screen, review, monitor, delete or otherwise change the content submitted
by our users. We do, however, reserve the right to do so with or without notice.
User submitted content: ownership and licence
Although we do not claim ownership rights over any content you transmit to Floraswapper, you grant us a perpetual, worldwide,
royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt and publicly perform or display such content.
You grant each user of Floraswapper a non-exclusive license to access user submitted content, and to use, reproduce, distribute,
You understand and agree that once content is submitted, Floraswapper is under no obligation to delete, ask or require other users
to delete that content. You understand and agree that we may retain, but will not distribute, display or perform server copies of
user content that has been removed or deleted.
Use of content
Any content except from user submitted content or specified otherwise is owned by or licensed by Floraswapper, subject to copyright
and other intellectual property rights under the law. This includes but is not limited to graphics, photographs, design, text, logos,
slogans, scripts, features and interface. The image resize and upload script contains code obtained under LGPL license and the flag images
are obtained under GNU license.
You are allowed to access user submitted content for personal, non commercial use and solely as intended through the provided
functionality and interface. This content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed or otherwise exploited for any other purposes.
Trading plants or items
By trading items with other users on Floraswapper you indicate that you agree and understand:
- That items can be confiscated in the mail, and that Floraswapper cannot be held responsible for confiscation, damage, loss, or any kind of costs
that may result from trading items with other users
- That you are aware of the local laws that are applicable on the items you trade and the actions you undertake
- That we are only a plant trading platform and cannot be held responsible for items being traded by our users since we have no control over their actions and items.
- That we cannot guaranty that users are able to send the items as they described in their offers
- That your adress details may be revealed to the user you trade items with, and that Floraswapper cannot be held responsible for it since we
have no control over the actions he or she will undertake with your personal information
- That you will attempt to keep any risk to the environment that arises out of the use of Floraswapper to a minimum. These risks include but are not limited to
introduction of invasive plant species, deseases and disruption of local fauna and flora by gathering or disposing of plant material.
Using our virtual currency
By selling and/or buying items and/or services with Floraswappers virtual currency system you agree and understand:
- That the virtual currency system is in a beta test stage and that we cannot be held responsible for any losses or damage that results from bugs and/or security holes
- That you do not abuse or exploit bugs or security holes in the virtual currency system, or try to manipulate the interface in your advantage
- That you are not allowed to sell or buy virtual currency for real money
- That the value of the virtual currency is subject to fluctuations like in a real economy, and that you carry all responsability for eventual losses due to expected or
unexpected rate changes.
- That we reserve the right to adjust the exchange rates for selling and buying Tokens manually at any time and with or without notice
when we deem it necessary for Floraswapper's economy.
User accounts and security
Most services of Floraswapper are only available through the creation of a personal account. All users register by choosing a password and
providing an e-mail adress which will be used for password recovery, important notifications and personal alert messages which can be toggled
on or off. Although the passwords are encrypted, you should not use passwords that are very evident to guess and never give out passwords, login
details to other users. You are responsible for any and all activities which occur under your account whether authorized or
not authorized. You agree to notify Floraswapper of any unauthorized use of your account or any other security leak that is known or
should be known to you, and that you will never sell or hand over your account to another user. You understand and agree that you are solely
responsible for your interaction with other users of Floraswapper and that we have no obligation to monitor or solve disputes between our users.
additional terms. We reserve the right to terminate your account without notice and with or without reason
You expressly agree not to:
- Register while you are under 18 years old or being temporarily or definitively banned from the website
- Act as an agent, affiliate or representative of Floraswapper and use its content and interface for any commercial use other than for
which the interface is intended without our expressly written permission
- Access, monitor or copy any content using robots, spiders and other automatic means without our expressly written permission.
- Take any action that imposes or may impose an unreasonable or disproportional burden to our infrastructure without our expressly written
- Display or load any content or part of the interface through any other website (frames, mirrors, hotlinking,...) without our expressly
- Use strong, vulgar, obscene or otherwise harmful language
- Harass, intimidate, stalk or threaten other users on Floraswapper
- Abuse bugs and security leaks, hack or reverse engineer any materials associated with the website
- Impersonate other persons
- Post, distribute, transmit or promote illegal content
- Invade another's privacy
- Take actions that infringe on the rights of a third party
- use the infrastructure or user content (including adress or contact details from other users) for junk mail or spam
- Post, upload, mail or otherwise transmit any material that contains any malicious computer code
Termination of service
You agree that Floraswapper has the right but not the obligation to delete, deactivate or downgrade your user account, block your ip adress
or otherwise terminate your access or use of the website, immediately and without notice and for any reason. You agree not to attempt to use
the website after your user account has been terminated.
Premium memberships and refunds
Floraswapper has a subscription-free basic membership and a paid premium membership. Floraswapper has the right to increase the fees or institute
new fees at any time, but will notice any changes at least 30 days before they take effect. The fees are pre-paid and cancellation or downgrade of a
membership/account does not result in any refund of fees allready paid. Additional paid services may become available in the future and their
eventual specific terms and conditions will be added to this page. We also reserve the right to temporarily change the costs of paid services for
promotional purposes. Such changes are in effect at the moment and for the timespan described in the conditions of the promotional action.
You understand that the feedback mechanism is only intended to make trading items between users easier, and that it is a necessarry element for the website
to function properly. You agree that exporting feedback from our website to external websites or 'selling' good feedbackscores to other users is not allowed
It is also forbidden to post feedback scores, complaints and failed trades in public (forums, chat, ...)
We do not give any guaranty for uninterrupted, safe and continuous access to Floraswapper and affiliated organisations. The proper functionality
of our services can be disrupted by various events that are out of our control, and although we will attempt to provide some way of compensation
(e.g. extension of Premium memberships) we are not obliged to do so.
You agree to defend, indemnify and hold Floraswapper, and each of its affiliates, directors, officers, the owner, employees, moderators, vendors or
other partners harmless from any claim or demand, including attorney fees and costs, made by any third party as a result of any content or material posted,