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User Agreement

  1. This User Agreement governs your relationship with Xenia Travel and your use of and access to all services and products provided by Xenia Travel (collectively, the Services). You agree that by accessing or using any part of the Services you are bound by the terms of this User Agreement (the Terms), including the applicable Privacy Policy and Community Guidelines incorporated herein, and you will resolve any disputes with Xenia Travel through binding arbitration as explained below.
  2. You may not use the Services unless all of the following apply to you, and you affirm that all of the following apply to you:
    1. You are at least 18 years old;
    2. You are legally allowed to use the Services where you live;
    3. You are not using the Services or accepting the Terms on behalf of any other entity, such as a company or organization;
    4. You have not been banned by Xenia Travel from using the Services.
  3. The Xenia Travel Privacy Policy describes what Xenia can do with information about you received by Xenia Travel when you use the Services. You agree to the terms of the Privacy Policy, including the transfer of information to other countries for storage, processing, and use.
  4. Any content that you post to the Services must satisfy all of the following criteria, and you affirm that any content posted, submitted, or otherwise provided by you to the Services satisfies this criteria:
    1. You have the legal right to post the content to the Services.
    2. The content and the purpose for posting it complies with all laws, rules, and regulations that may apply.
    3. The content does not infringe the intellectual property rights (such as copyrights and trademark rights) of any other person or entity.
    4. The content does not include non-public personal private information belonging to someone else, such as another persons birthdate, home address, or telephone number.
    5. The content complies with the Xenia Travel Community Guidelines.
  5. You grant to Xenia Travel a license to any content posted by you in the Discussion Board, including a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content.
  6. You grant a limited non-exclusive, royalty-free license to any user of the Services to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any content posted by you to the Discussion Board part of the Services solely in connection with that users use of the Services. The licenses granted by you hereunder do not include any moral rights or right of attribution.
  7. You understand that at times you may earn, buy, transfer, receive or purchase virtual tokens for use in the Services. You agree and acknowledge that you can not in any way convert those tokens back into any currency or use them anywhere else other than services of Xenia Travel. Tokens do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase or earn a limited right to exchange Tokens for a limited license to use certain features of the Services. Any token balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your ability to procure such limited license to use certain features made available via the Services. Xenia Travel prohibits and does not recognize any purported transfers of Tokens effectuated outside of the Services, or the purported sale, gift or trade in the real world of anything that appears or originates in the Services. Accordingly, you may not sublicense, trade, sell or attempt to sell Tokens for real money, or exchange Tokens for value of any kind outside of the Services. Any such transfer or attempted transfer is prohibited and void, and will subject your user account to termination.
  8. Copyright infringement is not allowed on the Services, and Xenia Travel will, in appropriate circumstances, terminate the account of any repeat infringer. If your copyright has been infringed by any content on the Services, and you did not grant a license for this use by uploading your copyrighted work to the Services, you may submit a notice that meets all of the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C 512(c)(3), to our Copyright Manager at legal@Xenia.Travel or Xenia Travel AB c/o Mindpark Lund, Bytaregatan 4D, 222 21 Lund, Sweden.
  9. You may not interfere with the Services in any way, such as by accessing the Services through automated means in a manner that puts excessive demand on the Services, by hacking the Services, by accessing without authorization areas of the Services that are protected by technical measures designed to prevent unauthorized access, by testing the vulnerability of the Services, by impersonating Xenia Travel's personnel or the Services, by accessing the Services for any purpose that competes with the interests of Xenia Travel, by spamming the users of the Services, by failing to respond to operational communications or requests from Xenia Travel, or any other type of interference with the Services or Xenia Travel's relationships with others. You also may not attempt to reverse-engineer the app in any way.
  10. You may not share accounts or let someone else use your account in your behalf. In Xenia Travel every account is for individual use only. When couples, families, or group of friends travel together they must each create their own accounts. Only natural persons can use the Xenia app. We do not allow accounts created for companies or any other kind of entity.
  11. Xenia Travel may remove any content and/or terminate your access to the Services at any time and for any reason or no reason, although we endeavor to allow all free speech that is lawful and does not infringe the legal rights of others. Any invitation made by Xenia Travel to you to use the Services or submit content to the Services, or the fact that Xenia Travel may receive a benefit from your use of the Services or provision of content to the Services, will not obligate Xenia Travel to maintain any content or maintain your access to the Services. Xenia Travel will have no liability to you for removing any content, for terminating your access to the Services, or for modifying or terminating the Services, at any time and in any way and for any reason or no reason. Although the Xenia Travel's Community Guidelines provide guidance to you regarding content that is not appropriate, Xenia Travel is free to remove content and terminate your access to the Services even where the Community Guidelines have been followed.
  12. Xenia Travel may also preserve and keep any information contained in your account as a result of a court order or for legal compliance purposes, or to conduct any internal reviews, even in the event that the account has been terminated.
  13. In response to customer requests for assistance or inquiries, you agree to receive communications from Xenia Travel, including communications sent by phone, email, text message, or other means of communication we consider necessary to fullfill your request.
  14. The Services are provided to you as is and at your own risk. The Services come with no express or implied warranties, except those that cannot be disclaimed under the law.
    XENIA TRAVEL DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Xenia Travel makes no representation or endorsement about the function of the Services or any content available through the Services. Xenia Travel has no responsibility or liability to you arising from your use of the Services. Xenia Travel has no responsibility or liability to you arising from content provided by you or any other person, even if such content is untrue, harmful, damaging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although Xenia Travel may make efforts to review or monitor content, you agree that you will not rely on this fact for any purpose. Xenia Travel has no responsibility or liability to you arising from hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, XENIA TRAVEL WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, OR FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSON. NO DAMAGES AWARD IN FAVOR OF YOU AND AGAINST XENIA TRAVEL MAY EXCEED THE MONETARY AMOUNT YOU HAVE PAID TO XENIA TRAVEL TO USE THE SERVICES, EVEN IF THIS AMOUNT IS ZERO.
  15. Any dispute, controversy or claim arising out of or in connection with this agreement, or the breach, termination or invalidity thereof shall be settled with final effect in accordance with the Arbitration Rules of the Chamber of Commerce and Industry of Southern Sweden. The rules for expedited arbitration proceedings shall be applied unless the Arbitration Board of the Chamber of Commerce and Industry of Southern Sweden determines, taking into account the complexity of the dispute, the amount in dispute and other circumstances, that the ordinary arbitration rules are to be applied. In the latter case, the Arbitration Board shall also decide whether the arbitration tribunal shall be composed of one or three arbitrators. The arbitration proceedings shall take place in English. Any case of action or arbitration demand must be commenced or submitted to the Sydsvenska Industri- och Handelskammaren within one (1) year after the alleged injury has been discovered or reasonably could have been discovered. Otherwise, such cause of action or demand is permanently barred.
  16. You agree to defend and indemnify Xenia Travel, as well as any of its shareholders, officers, directors, employees, and agents, from and against any and all claims, actions, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all attorneys fees) arising from or relating to your access to and use of the Services. Xenia Travel will have the right to conduct its own defense, at your expense, in any action or proceeding covered by this indemnity.
  17. You affirm that you are competent to agree to be bound by this User Agreement, meaning that you are over the age of 18.
  18. Xenia Travel cannot waive any right to enforce this User Agreement, unless it does so expressly in writing. No waiver of any part of this User Agreement, will be a further or continuing waiver of that part or any other part, and no failure to enforce any part of his User Agreement will be deemed a waiver of any kind.
  19. The Terms of this User Agreement may be modified by Xenia Travel in any way and at any time without notice to you, and you agree to be responsible for making yourself aware of any modification of the Terms and to be bound by any modification of the Terms when you continue to access or use the Services after any such modification. These Terms supersede all prior agreements between you and Xenia Travel pertaining to the Services. Except for the statements in this document and the documents expressly incorporated herein by reference, no statement by Xenia Travel or anyone associated with Xenia Travel, whether verbal or written, can modify or supplement the Terms of this User Agreement unless the modification or supplement is stated expressly in writing by referring to this User Agreement. If any of the Terms in the User Agreement are held to be invalid or unenforceable by a court or arbitrator or by operation of law, the remaining Terms shall remain in effect.

Latest update: October 1st, 2020

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