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Terms & Conditions

Intent

The intent of this page is to inform you regarding the Terms and conditions which regulate the use of this website https://cropswap.com and its services (hereinafter, the “website) and the Application, CropSwap (hereinafter, the “Application”) in both the Apple “AppStore” and the Google “Play Store

The owner of both the Website and the Application is CropSwap, Inc (hereinafter, “CropSwap”, “us”, or “we”), with a registered address at 19802 Victory Boulevard, Woodland Hills, California 91367, holder of EIN number 81-1382368.  The service is provided by CropSwap, Inc

CropSwap is a company incorporated under the laws of the United States of America, registered in the state of Delaware

You can contact us at hello@cropswap.com 365 days a year 24/7

Objective

These Terms and Conditions govern the use of the Application in which CropSwap offers, as:

 a social marketplace, a platform to Users who are willing to buy, trade, and/or sell locally grown produce, and mediate the sale of these products.  The information regarding the treatment of your personal data is located in the, “Privacy Policy”

The Application may be integrated in the social network, Instagram.  Instagram, Inc.ä is an independent company with regards to CropSwap, with its own policy established by Instagram.  CropSwap and its related entities are not liable for the Privacy Policies or monitoring tools utilized by Instagram, Inc ää

Access and Acceptance of the Terms and Conditions

By entering executing, using, downloading, accessing, or using the Application or Website you will automatically be considered a User (hereinafter the “User” or “you”) which requires the full acceptance of each and every provision included in these Terms and Conditions, in the version published by CropSwap at the time you access or use the Website or Application.  Subsequently, please, carefully read and consider all of the legal text applicable to the use of the Website and the Application when you intend to use them

If you do not wish to accept the present Terms and Conditions, you are required to not use the Services and uninstall the Application from your device(s)

The use of certain Services offered on the Website or within the Application may be subject to specific Terms and Conditions that, depending on the case, may be serve as a full and complete substitute and/or modification of this document; therefore, prior to the use of such Services you must carefully read the corresponding Terms and Conditions specific to those Services.

CropSwap reserves the right to modify, at any time, by providing notice, these Terms and Conditions.  The burden of reading and understanding these Terms and Conditions upon notice of medication is on you, the User

Required Age

Both the Website and the Application are intended to be used by adults, as defined under any applicable law in each specific case.  If you are not an adult, as designated by law in your region, you are not authorized to download the Application, register, and create an account with us.  If you are a minor, as designated by law, you need to obtain the permission of your legal representatives in order to use the Services.  In this case, your legal representative is liable for any acts committed by the minor.  If you are a minor as designated by law and you do not have your legal representative’s permission, you are required under penalty of law

You further warrant that you are an adult under the applicable law.  In the event that the information you provide in this regard is false, CropSwap shall not be liable as it cannot with certainty, verify the age of Users at time of registration

CropSwap may contact you at any time with the request for you to certify your age using a photocopy of an identity card or valid equivalent.  If you do not comply with requests for identification, CropSwap reserves the right to suspend your account and you will not be able to continue to use the service until you comply to the age verification request.

To sell or purchase via the Application, users who are minors as designated by the law in their region must obtain and provide the permission of their legal representatives.

Creation of an account

To use or access certain functions and services within the Application, you need to register, either by email address or your Instagramä account.  By utilizing your Instagramäaccount or any integrated social media platform, you authorize CropSwap to access and use certain information depending on the privacy settings that you have selected in said platform.

You agree to provide accurate, current, and complete registration information about your person as you may be prompted by the registration and/or login form on the Application

Security of the Account

By opening an account you accept and assume all liability that may arise in any activity that occurs under your username and password.  You are responsible for maintaining the confidentiality of the password you designate during the registration process.  You cannot share it with other people or perform acts that may diminish or undermine the security of your account.  If you have knowledge that your password was compromised, you should inform us immediately by emailing security@cropswap.com in order to recover your account. 

Installation and Running the Application

CropSwap grants you a license for installing and running the Application

The installation and execution of the Application is free

You must accept the permissions for installation and execution of the Application.  From time to time, CropSwap may request the granting of additional permissions to perform certain actions or enjoy certain functionalities.  The lack of acceptance of some of the permits necessary for the proper operation of the application may result in the suspension of the Services or the inability to use the Application to the fullest extent of its purpose.

Feature of the Service

The service will allow different actions including, but not limited to:

  • Sharing of information, images, photos, and other data/personal information with the CropSwap User Community
  • Placing products for sale as a seller User and making offers as a buyer User in order to buy and/or negotiate pricing for products
  • Interacting with other members of the CropSwap User Community through private chat and other communication protocols to be made available in future releases
  • Sharing and promoting product offers in other platforms or social networks outside of but partnered with CropSwap

Intellectual Property Rights

CropSwap, Inc is the holder of the rights of intellectual and industrial property, or has obtained the necessary authorizations or licenses for its exploitation, associated with the application, the software, its database, the trademarks and any other distinctive signs, the content posted and the rest of the works and inventions or content related to the Application and the technology associated with it

The contents of the Application, including the design, applications, text, images, and source code, are protected by intellectual and industrial property rights.

The contents of this Application, the database of users, the screenshots or the Website may not be used, reproduced, broadcasted, copied, processed, or transmitted in ay form without the prior permission in writing of CropSwap.

CropSwap assumes no responsibility for the intellectual or industrial property rights of the content that seller Users include in the offerings of its products

Waiver of Responsibility

CropSwap is a platform which brings together buyers and seller of locally grown produce and other organic products.  CropSwap is not the owner and has no dominion over the items for sale or sold through its platform, unless otherwise stated, and is not party to the transaction of the sale carried out exclusively between buyers and sellers.  CropSwap does not provide review of the products that Users provide through the Application.  As a consequence, CropSwap shall not be responsible, directly, or indirectly, for any disagreements between the parties.

All information of the products published on the Application or the Website has been built and published by the Users who are selling the products; subsequently, CropSwap cannot guarantee the quality of the same, as well as the veracity of the images and/or descriptions published by seller Users

CropSwap is indemnified and holds itself harmless against any claim or dispute that may arise between Users of the Services

CropSwap service is limited to employ the utmost diligence to ensure the platform is technically sound and functioning as intended

CropSwap shall in no case be responsible for the content operation and/or data protection or other terms referred to in other websites or applications which may be accessed via the inclusion of a link on the Service, or the content, services, or products offered on the same, unless such sites are owned by CropSwap.  The hyperlinks contained on or in the Website and/or the Application may lead to third party web sites.  CropSwap may incorporate them to facilitate the navigation of the User, assuming no responsibility for the content, information or services that may appear on those sites, which will be exclusively informative and in no case imply any relationship between the third party and CropSwap

CropSwap develops maximum diligence in the implementation of security measures, however, assumes no liability or liability whatsoever with regard to the custody and proper use of the passwords for access to the Website, which will be the sole responsibility of the User.

Warranty of Products

CropSwap does not assume any responsibility nor warrants the products sold by using the Application.  The transaction takes place and is the exclusive and mutual decision by the Buyer and Seller.  CropSwap’s liability, responsibility, and warrants extend to the use of the Application and the platform only.

Transactions

If you wish to purchase any product or service made available through the Website or Application (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, but not limited to, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.  You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction.  By submitting such information, you grant to CropSwap the right to provide such information to third parties for the purposes of facilitating the completion of Transactions initiated by you or on your behalf.  Verification of information may be required prior to the acknowledgment or completion of any Transaction.  All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website and Application are subject to change at any time without notice.  Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.  The inclusion of any products and services on the Website and Application does not imply or warrant that these products or services will be available.  It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website and Application.  By placing an order, you represent that the products ordered will be used only in a lawful manner.  CropSwap reserves the right, with or without prior notice, to do any one or more of the following:

  • Limit or remove suppliers or services
  • Impose  conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion
  • Bar any user from making or completing any or all Transactions
  • Refuse to provide any user with any product or service
  •  

You agree that by placing an order on the Website or Application, you are entering into a binding contract with CropSwap and agree to pay all charges that may be incurred by you or on your behalf through the Website and the Application, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges.  In addition, you remain responsible for any taxes that may be applicable to your Transactions

Subscriptions

Subscriptions through the Website and Applications are made between the Buyer and the Grower/Farm/Supplier (hereinafter known as “Supplier”).  CropSwap allows Suppliers to offer various subscription types: including rebillable weekly, bi-weekly, and monthly subscriptions[EW1] . 

Automatic Renewal Terms

With respect of Supplier Subscriptions subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, CropSwap may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method.  You agree that such notice will not affect charges submitted before CropSwap reasonably could act.  Information on how to cancel is described below.

Month to Month Rebillable Subscriptions

By purchasing a Month to Month Rebillable Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge a the then current subscription rate and you accept responsibility for all recurring charges prior to cancellation including where applicable any charges processed by CropSwap after the expiration date of your payment card.

Automatic Monthly Renewal Terms

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then current subscription rate until you cancel your Month to Month Rebillabe Subscription renewal

Cancellation Policy for Month to Month Rebillable Subscription Renewals

<Cancellation[EW2] >

Exclusion of Liability

User access to the Website and/or Application does not imply for CropSwap, the obligation to monitor the absence of viruses, worms, or any other harmful technical element.  It is the User, in any case, who is the sole responsible party for providing adequate tools for the detection of harmful computer programs.

CropSwap is not responsible and/or liable for any damages incurred in the software and computers of users or third parties during the use of services offered on the Website and/or the Application

Prohibited Items

CropSwap prohibits the listing or sale of any items that are illegal under any applicable law, statute, ordinance, or regulation at a local, state, provincial, national, or international level.

Some examples of items not allowed on the platform are:

  • Photos that do not clearly show the merchandise which is being sold
  • Internet photos, or any other photo that is not authored by the Seller or the Seller’s representatives
  • Items which infringe on trademarks, copyrights, or any other Intellectual Property rights of third parties
  • Advertisements
  • Photo or text containing a reference to another website, app, or merchants
  • Items that are defective or of poor quality
  • An item listed as “fee” but is not intended to be given away
  • Duplicate listings

Items which are specifically prohibited include:

  • Alcoholic beverages
  • Blood, bodily fluids, and body parts
  • Burglary tools
  • Controlled chemical substances such as cadmium, mercury, or acids
  • Counterfeit products
  • Counterfeit currency, stamps, and coins
  • Databases containing personal data
  • Electronic surveillance equipment
  • Embargoed goods
  • Government, official, and transit uniforms, identifications, and licenses
  • Illegal drugs and drug paraphernalia
  • All and every type of illegal services and products
  • Hacking tools
  • Hazardous Materials
  • Fireworks, destructive devices, and explosives
  • Identity documents, personal financial records, and personal information in any form; inclusive of mailing lists
  • Items directly received through government assistance
  • Items which encourage or facilitate illegal activity
  • Lottery tickets, sweepstakes entries, and slot machines
  • Obscene material and any type of pornography as defined by the prevailing law in your region
  • Al types of offensive material
  • Pesticides
  • Pictures or images that contain frontal nudity
  • Police and other security force badges and uniforms
  • Prescription drugs, medicines, supplements, and devices
  • Recalled items
  • Sexually suggestive clothing, including but not limited to, underwear, lingerie, bathing suits, and erotic costumes
  • Stocks and other securities
  • Stolen Property
  • Tobacco products inclusive of vapes and e-cigarettes
  • Used cosmetics
  • Weapons and related items such as firearms, firearm parts, stun guns, switchblade knives, and martial arms weapons.
  • Animal bi products such as eggs, meat, and cheese

In addition, CropSwap reserves the right to remove any listings that we consider inappropriate or unfit for posting.  Our policies are predominantly based on applicable laws and regulations, although in some cases, we may make listing decisions based on input from our users and our sole discretion; particularly for dangerous or sensitive devices.

Rules of Use

You agree to use the Website and the Application and its contents and services in accordance with these Terms and Conditions.  You are also obliged to make a proper use of the services and/or content and to not use them to conduct illegal activities or constitute criminal offenses that violate the rights of third parties and/or violate the regulation on intellectual and industrial property, and any other rules of the applicable legal provisions.

You are solely responsible and liable for the interaction you establish with other Users of the Service and for all content that you upload, post or transmit through the Website and/or Application.  You also guarantee that you are not infringing upon any third party right by the content uploaded by you or your representatives

In addition, you agree and acknowledge that CropSwap in no case will be held liable for the conduct of the User community

CropSwap prohibits the use of automated software and posting agents; directly or indirectly, without the express written content of CropSwap.  In addition, posting agents are not permitted to post content on behalf of others; directly or indirectly, or otherwise access the Services in order to post content on behalf of others except with the express written consent or license from CropSwap.  As used herein, the term “Posting Agent” refers to a third party agent, service, or intermediary that offers to post content to the Service on behalf of others.

You agree not to transmit, enter, disseminate, and make available to third parties of any type of material and information (data, content, messages, drawings, sound files, and image, photos, software, etc.) that are contrary to the law, morality, public order and these Terms and Conditions.  You agree NOT to:

  • Disseminate, distribute, or amplify content or propaganda which may be considered racist, xenophobic, pornographic, or contrary to the human rights
  • Upload or disseminate in the network data programs (viruses and malicious software) that might cause damage to the networked computing environment of the access provider, its suppliers or third party users of the Internet
  • You agree not to take any actions to interfere with, or disrupt, the Website or Application or any other user’s use fo the Website and the Application via means of “mailbombing”, “crashing” the Website or Application, circumventing security or user authentication measures or attempting to exceed limited authorization and access granted to you under these Terms and Conditions.  You may not frame portions of the Website or App;ication within another website.
  • Disseminate, transmit, and/or distribute (make available) to third parties any information, element or content that constitutes unlawful or unfair advertising.
  • Disseminate, transmit any information and content false, inaccurate or ambiguous in a manner which is misleading in the recipients or the information.
  • Disseminate, transmit or make available to third parties any information, element or content involving a violation of the intellectual and industrial property rights, patents, trademarks, or copyright which correspond to CropSwap or to third parties.
  • Crawl, scrape, collect, store, or access the database of CropSwap or collect all or part of the database of ads and users of CropSwap
  • You agree to hold CropSwap harmless of any possible claim, fine, penalty, or punishment that can come to bear as a result from your breach of any of the rules stated in this document, reserving CropSwap the right to request compensation for damages
  • CropSwap exercises the highest level of diligence in the control of the data and other content to be displayed in and on the Website and Application.  If in spite of this, you identify an error or incomplete information, we kindly ask you to notify us at hello@cropswap.com.  A CropSwap designated representative will contact you as soon as possible.

Notice and Takedown

If you believe your copyright protected work was posted on CropSwap without authorization, you may submit a copyright infringement notification.  These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.  The fastest and easiest way to notify CropSwap of the alleged infringement is via our dedicated email: copyright@cropswap.com

DCMA Notice

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512©(3) for further details):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests
  • A description of the copyrighted work that you claim has been infringed including the URL (i.e., web page address or item number) of the location where the copyrighted work exists or a copy of the copyrighted work
  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located
  • Your address, telephone number, and email address
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information is your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Nullity and inefficiency of the clauses

If any clause included in the present Terms and Conditions is declared total or partially void or inefficient, it will only affect that provision or part of the same which is considered to be void or ineffective, surviving the present Terms and Conditions in everything else, considering such a provision wholly or partly not included

Applicable Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the legislation of the United States of America.  You and CropSwap agree to submit any dispute that might arise in the delivery of the products and/or services subject to these Terms and Conditions, to the Courts of Delaware, United States of America or to the applicable jurisdiction in case of contracting with consumers.

This document was last updated on October 20, 2020