Terms and Conditions
WEBSITE TERMS AND CONDITIONS OF USE
Acceptance of the Website Terms and Conditions of Use
These website terms and conditions of use for sporeswaps.com, constitute a legal agreement and are entered into by and between you and SporeSwaps (\”Company,\” \”we,\” \”us,\” \”our\”). The following terms and conditions together with any documents and/or additional terms they expressly incorporate by reference (collectively, these \”Terms and Conditions\”), govern your access to and use, including any content, functionality, and services offered on or through sporeswaps.com (the \”Website\”).
By using SporeSwaps.com, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with SporeSwaps and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use SporeSwaps.com.
Modifications to the Terms and Conditions and to the Website
We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of SporeSwaps.com. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on SporeSwaps, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of SporeSwaps.com is restricted to users or unavailable at any time or for any period.
Your Use of the Website and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depend on you. Users are responsible for obtaining their own access to SporeSwaps.com. Users are required to ensure that all persons who access SporeSwaps.com through a user\’s internet connection are aware of these Terms and Conditions and comply with them. SporeSwaps.com, including content or areas of SporeSwaps.com, may require user registration. It is a condition of your use of SporeSwaps.com that all the information you provide on SporeSwaps.com is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to SporeSwaps.com. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on SporeSwaps.com.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to SporeSwaps.com or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifiers, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of SporeSwaps.com, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner\’s ability to monitor SporeSwaps.com; (f) using any robot, spider, or other automatic device, process, or means to access SporeSwaps.com for any purpose, including monitoring or copying any of the material on SporeSwaps.com; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking SporeSwaps.com via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of SporeSwaps.com.
Intellectual Property Rights and Ownership
You understand and agree that SporeSwaps.com and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by SporeSwaps, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The SporeSwaps name, the SporeSwaps logo and all related names, logos, product and service names, designs, images and slogans are trademarks of SporeSwaps or its affiliates or licensors. You must not use such marks without the prior written permission of SporeSwaps. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on SporeSwaps.com are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use SporeSwaps.com for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on SporeSwaps.com, in any form or medium whatsoever except:
- your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
- a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
- one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user license agreement for such downloads;
- in the event social media platforms are linked to certain content on SporeSwaps.com, you may take such actions as SporeSwaps.com and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from SporeSwaps.com nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of SporeSwaps.com or any services or materials available through SporeSwaps.com.
If you print off, copy or download any part of SporeSwaps.com in breach of these Terms and Conditions, your right to use SporeSwaps.com will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to SporeSwaps.com or to any content on SporeSwaps.com, and all rights not expressly granted are reserved by SporeSwaps. Any use of SporeSwaps.com not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use SporeSwaps.com only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, \”submit\”) to SporeSwaps.com, to other users or other persons (collectively, \”User Submissions\”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations and terms of service.
Without limiting the foregoing, you warrant and agree that your use of SporeSwaps.com and any User Submissions shall not:
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in SporeSwaps\’ sole discretion.
- It is the responsibility of the purchaser to know their state and country laws in regards to owning/purchasing/receiving active spores. SporeSwaps is not responsible for any active spores being in the possession of someone that directly or indirectly purchased spores from the site and that lives in a state/country where it is illegal.
- Be under the age of 18
- Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code.
- Involve, provide or contribute any false, inaccurate or misleading information.
- Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and Site Content Standards.
- Impersonate or attempt to impersonate SporeSwaps, a SporeSwaps employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any \”spam\”, \”junk mail\”, \”chain letter\”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Encourage any other conduct that restricts or inhibits anyone\’s use or enjoyment of SporeSwaps.com, or which, as determined by us, may harm SporeSwaps or users of SporeSwaps.com or expose them to liability.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.
- Hold SporeSwaps responsible for any transactions between the buyer and the vendor.
- Hold SporeSwaps responsible for any products sold by vendors.
User Submissions: Grant of Licence
SporeSwaps.com may contain Interactive Functions allowing User Submissions on or through SporeSwaps.com.
None of the User Submissions you submit to SporeSwaps.com will be subject to any confidentiality by SporeSwaps. By providing any User Submission to SporeSwaps.com, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.
You understand and agree that you, not SporeSwaps nor SporeSwaps\’ parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of SporeSwaps.com.
Site Monitoring and Enforcement, Suspension and Termination
SporeSwaps has the right, without provision of notice to:
- Remove or refuse to post on SporeSwaps.com any User Submissions for any or no reason in our sole discretion.
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating SporeSwaps.com and User Submissions and Site Content Standards or Terms and Conditions.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of SporeSwaps.com. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through SporeSwaps.com.
- Terminate or suspend your access to all or part of SporeSwaps.com for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION OR INACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY THIRD PARTY CLAIMS, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor SporeSwaps.com or its use, and do not and cannot undertake to review material that you or other users submit to SporeSwaps.com. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or a third party, subject to applicable laws.
The content on SporeSwaps.com is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on SporeSwaps.com, we make no representations, warranties or guarantees, whether express or implied, that the content on SporeSwaps.com is accurate, complete or up to date. Your use of SporeSwaps.com is at your own risk and neither SporeSwaps nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of SporeSwaps.com.
SporeSwaps.com may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by SporeSwaps, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of SporeSwaps. SporeSwaps/Neither SporeSwaps nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
For your convenience, SporeSwaps.com may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from SporeSwaps.com. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from SporeSwaps.com may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from SporeSwaps.com. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. SporeSwaps.com must not be framed on any other site, nor may you create a link to any part of SporeSwaps.com other than the homepage. We reserve the right to withdraw linking permission without notice. SporeSwaps.com to which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
All orders, purchases, or transactions for the sale of goods and/or services made using SporeSwaps.com are subject to the terms and conditions of sale and also incorporated into these Terms and Conditions.
Additional terms and conditions may be applicable to parts or features of SporeSwaps.com and are hereby incorporated by reference into these Terms and Conditions.
The owner of SporeSwaps.com is based in Oregon, United States. We operate under the jurisdiction of Oregon, United States. The laws governing SporeSwaps.com are not intended for any jurisdiction where its use is not permitted. If you access SporeSwaps.com from outside of Oregon, United States you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless SporeSwaps, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys\’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of SporeSwaps.com, including, but not limited to, your User Submissions, third-party sites, any use of SporeSwaps.com\’s content, services, and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Jurisdiction
SporeSwaps.com and these Terms and Conditions will be governed by and construed in accordance with the laws of Oregon and the federal laws of the United States applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to SporeSwaps.com and under these Terms and Conditions will be instituted in the courts of the province/state of Oregon and/or the Federal Court of the United States, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Reporting and Contact
SporeSwaps.com is operated by SporeSwaps 20449 SW Tualatin Valley Hwy Aloha, Oregon 97003.
Should you become aware of misuse of SporeSwaps.com including libelous or defamatory conduct, you must report it ia email to SporeSwaps at [email protected].
All other feedback, comments, requests for technical support, and other communications relating to SporeSwaps.com should be directed to [email protected].
Updated February 24th, 2021