Xeneta Online Community
Last modified : March 5th, 2020
1. Description of Xeneta Online Community
Welcome to the Xeneta Online Community, the purpose of which is to enable Xeneta’s customers to come together to collaborate, share knowledge and best practices to support one another in everyday challenges.
“User Content” or “Your Content” means any content, in any format whatsoever published by a Xeneta Only Community user onto Xeneta Online Community.
“Xeneta Online Community” means the online community accessible at https://support.xeneta.com/hc/en-us/community/topics.
“You” or “Your” means the person or entity using the Xeneta Online Community.
3. Access to the Xeneta Community
Xeneta will provide you access to the Xeneta Community according to these Community TOU.
You acknowledge and accept that Xeneta may use third-party service providers to provide some or all element of the Xeneta Community.
This Agreement shall enter into force as soon as you start using the Xeneta Online Community and shall remain in force as long as You use or maintain an account for the Xeneta Online Community.
Xeneta may terminate this Agreement at its sole discretion at any time (i) if it decides to cease operating Xeneta Online Community or (ii) if You breach the Community TOU.
5. Conduct rules
5.1 Acceptable use
As user of the Xeneta Online Community, you agree to use the Community in strict compliance with its intended purpose only, and to refrain from using it for any other purpose.
You understand and agree that the Xeneta Online Community is intended to enable public discussion, and you may not solicit or disclose anyone’s private information.
You understand and agree that discussions are intended to only address general topics, and you may not engage in discussing the behavior, strategy or financial results of any particular market actor.
Your content must typically relate to:
- Shipping procurement best practices and strategies ;
- Xeneta’s solutions offerings, and their use and functionalities;
- The trends and developments of the shipping market.
5.2 Compliance guidelines
You agree to adhere strictly to the Compliance Guidelines and to comply with all provisions thereof at all times.
If deemed appropriate, you agree to seek and obtain legal advice before using Xeneta Online Community.
5.3 Code of conduct
5.3.1 General conduct
You shall be solely responsible for your actions while using the Xeneta Online Community.
You acknowledge and agree, in connection with your use of Xeneta Online Community:
- to have obtained and to maintain at all times the prior authorization of your employer or of the company you represent to :
(i) use Xeneta Online Community; and to
(ii) share, post or publish any content on Xeneta Online Community;
- not to use the Xeneta Online Community to engage in anti-competitive behavior or attempt to do so ;
- to abide by all laws and regulations applicable to your use of the Xeneta Online Community, including without limitation the provision and storage of Your Content;
- not to publish any content which violates the rights of any individual or entity;
- not to upload in any way any personal data relating to an individual;
- not to make any negative, denigrating, or defamatory statement(s)/comment(s) about Xeneta, its solution offerings, employees, and strategy or otherwise engage in any conduct or action that might tarnish the image or reputation of Xeneta;
- not to use the Xeneta Online Community for illegal, fraudulent, unethical or inappropriate purposes;
- not to harvest or otherwise collect information about other users of Xeneta Online Community;
- not to republish or otherwise disseminate information found on Xeneta Online Community to any third parties;
- not use the Xeneta Online Community in any manner that may interfere with another user’s use of the Xeneta Online Community;
- not to use the Xeneta Online Community in any manner that impairs the Xeneta Online Community, including without limitation the servers and networks on which the Xeneta Online Community is provided;
- to comply with all regulations, policies and procedures of networks connected to the Xeneta Online Community and Xeneta’s service providers;
You acknowledge and agree that Xeneta neither endorses the contents of any user communications, User Content nor assumes any responsibility for any offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom or any crime facilitated thereby.
Xeneta may remove any violating content posted or stored using the Xeneta Online Community or transmitted through the Xeneta Online Community, without notice to You. Notwithstanding the foregoing, Xeneta does not guarantee, and does not and is not obligated to verify, authenticate, monitor or edit User Content or any other information or data input into or stored in the Xeneta Online Community for completeness, integrity, quality, accuracy or otherwise.
You shall be responsible and liable for the completeness, integrity, quality and accuracy of you Content input into the Xeneta Online Community. Xeneta reserves the right to amend, alter, or modify the user conduct requirements as set forth in these Community TOU at any time.
5.3.2 Prohibition relating to disclosure of sensitive information
You acknowledge and agree, in connection with your use of Xeneta Online Community, to not:
- Discuss company-specific bids, prices, rates, or features that can affect and change prices – e.g., discounts, costs, salaries, terms and conditions, warranties, rebates, or profit margin;
- Discuss what is a fair or appropriate price or profit margin for other market member;
- Discuss individual confidential company information like cost, production, capacities, inventories, sales, design, production, distribution or marketing of products, including proposed territories of customers (other than nameplate or publicly released information);
- Discuss restrictions on volume, blacklist or boycott other market members or to conspire to exclude or refrain other members from the market.
5.3.3 Community rules of engagement
In connection with your use of Xeneta Online Community, You agree to comply with the following behavior rules:
- Be accepting, constructive and respectful of the opinions expressed by others; constructive disagreement is not only permitted but encouraged when done in a professional manner.
- Do not make personal attacks on other community members, including arguments, bullying, prejudiced remarks and defamatory or false comments.
- If you have a complaint about another community member, address the matter in a private and civil way; if this doesn't work, please contact a member of the support team at firstname.lastname@example.org.
- Stay on topic – Keep content relevant to the shared interests and values of the community and Xeneta.
- Post content in the correct forum, blog or file library- in order to maintain ease of use, ensure content is posted to the most topically relevant area of the online community. If you are unsure where to post an item, contact a member of the Xeneta Community team
- Do not post any materials deemed to be obscene or pornographic, such as links to external sites, images, graphics or additional content of this nature.
- Contribute content in English – this is the primary written and spoken language of your fellow community members.
6. User Content and Use Analysis
6.1 User Content
Xeneta Online Community permits the submission of User Content at the direction of each user and the hosting, sharing, and/or publishing of such User Content.
As a user, You understand that whether or not such User Content is published, Xeneta and our Service Providers do not guarantee any confidentiality with respect to any submissions you make.
You shall be solely responsible for the User Content you submit and the consequences of our or our Service Providers posting or publishing such User Content.
You grant Xeneta all rights, licenses and permissions necessary to display, reproduce, disseminate and otherwise use your Content in connection with the Xeneta Online Community.
You acknowledge that Xeneta reserves the right to edit or remove User Content or block or disable replies on a topic at its sole discretion.
6.2 Use Analysis
Xeneta may track and analyze your use of Xeneta Online Community, including, but not limited to, data submitted, for the purposes of helping Xeneta improve both Xeneta Online Community and user experience and furthering our understanding of use of Xeneta Online Community
Xeneta may disclose such data about your use of Xeneta Online Community (“Usage Statistics”) to third parties for the purpose of assisting Xeneta in such tracking or analysis, or where required by law
7. Intellectual Property Rights
The Community TOU do not grant you a license to any of Xeneta’s software or solution offerings.
Xeneta’s products and solution offerings are protected by intellectual property law, and Xeneta retains all ownership rights vested therein.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us and our officers, directors, employees, agents, services providers, licensors and affiliates by a third party to the extent that such Action is based upon or arises out of (a) your use of the Xeneta Online Community, including the publication of any content, (b) your disclosure or solicitation of personal information or (c) your non-compliance with or breach of these Community TOU, or any document related thereto.
9. Disclaimers, Limitation of Liability
9.1 No warranty
The Xeneta Online Community is provided “as-is”, exclusive of any express or implied warranties, including without limitation any implied warranties of merchantability and fitness or a particular purpose.
Content posted by anyone other than Xeneta on the Xeneta Community is the sole responsibility of the originator of that content. Xeneta is not responsible for any content posted by any Community User, whether or nor Xeneta moderates such content.
Content posted by Xeneta on the Xeneta Community shall not be construed as being covered by any user guide or any agreement between Xeneta and its customers, and SHALL NOT BE CONSTRUED AS PROFESSIONAL ADVICE.
All such aforementioned content is provided “as-is” and Xeneta does not make any representation as to its accuracy, and especially disclaims the accuracy, completeness, reliability, usefulness, non-infringement, quality or originality of such content.
Xeneta disclaims any warranty whatsoever for any content or material on the Xeneta online Community regardless of who originated that content (including Xeneta’s employees, partners, affiliates or moderators).
9.2 Exclusion of liability
IN NO EVENT SHALL XENETA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, ARISING FROM YOUR USE OF THE COMMUNMITY, EVEN IF XENETA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT THAT XENETA MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF WARRANTY AND THE EXTENT OF XENETA’S LIABILITY SHALL BE LIMITED AT ALL TIMES TO THE AMOUNT PAID, IF ANY, BY YOU TO XENETA FOR YOUR ACCESS AND USE OF XENETA ONLINE COMMUNITY.
10. Deactivation of accounts
10.1 No pre-moderation
Xeneta does not generally do not prescreen, verify, edit, monitor or moderate the content posted by users but may do so from time to time in its sole discretion.
10.2 Suspension and termination
Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
To report violation of these Terms, please email email@example.com with appropriate details.
11. Third-Party Links
Posts on Xeneta Community may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Xeneta does not control, endorse, sponsor or approve any such third-party websites or their content nor does Xeneta provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
12. Personal Data Protection
To operate and maintain the Xeneta Online Community, Xeneta may collect and store the following personal information from you: first name, last name, email, title, company name.
Xeneta may also process information to verify your identifies/profiles as permitted under applicable data protection law.
The Xeneta Online Community is meant for public discussion, so you may not disclose or solicit anyone's personal information or confidential information, and no private or personal information which is intended to be confidential should be exchanged within the Xeneta Online Community.
13. Applicable law
This Agreement shall be governed by the law of Norway.
The parties shall seek to solve amicably through negotiations any dispute, controversy or claim relating to this Agreement. If the parties fail to solve such dispute, controversy or claim by an amicable written agreement within fourteen days after such negotiations have been initiated by a party, such dispute, controversy or claim shall be submitted to the courts of Norway with Oslo District Court (No. Oslo tingrett) as agreed legal venue.