Xibo – Acceptable Use Policy

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING OUR WEBSITE OR XIBO CLOUD

What's in these terms?

This Acceptable Use Policy ('Policy') sets out the content standards that apply when you upload content to our website or Xibo Cloud, make contact with us or other users on our website, link to our website, or interact with us, our website or Xibo Cloud in any other way.

The definitions used in these terms are as set out in our Xibo User Licence Agreement.

Who we are and how to contact us

xibosignage.com, xibo.org.uk, xibosignage.nl and Xibo Cloud (collectively 'Xibo') are operated by Xibo Signage Limited incorporated and registered in England and Wales with company number 07811749 whose registered office is at Curtis House, 34 Third Avenue, Hove, BN3 2PD, United Kingdom (Xibo Signage, us or we). Our VAT number is 201 8087 39.

Xibo Signage Netherlands BV is a wholly owned subsidiary of Xibo Signage Ltd, incorporated and registered in The Netherlands with Kvk 80891101 whose registered office is at Posthoornstraat 17, 3011WD, Rotterdam, Netherlands. Customers contracting with Xibo Signage Netherlands BV do so under the same terms as Xibo Signage Ltd.

To contact us, please email support@xibosignage.com

By using Xibo you accept these terms

By using Xibo, you confirm that you accept the terms of this Policy and that you agree to comply with them.

If you do not agree to these terms, you must not use Xibo, and if you contravene these terms any Licence for Xibo Cloud may be terminated.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

Our Xibo User Licence Agreement or applicable End User Licence Agreement, Terms of Website Use and Privacy Policy (collectively 'Ts&Cs') may also apply to your use of Xibo.

We may make changes to the terms of this policy

We amend these terms from time to time. Please check these terms regularly to ensure you understand the terms that apply at that time. These terms were most recently updated in December 2020.

Prohibited uses

You may only use Xibo for lawful purposes. You may not use Xibo:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Ts&Cs.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of Xibo;
    • any equipment or network on which Xibo is stored;
    • any software used in the provision of Xibo; or
    • any equipment or network or software owned or used by any third party.

You also agree not to circumvent or avoid paying the prescribed charges for use of the service. So for example, it is not acceptable to connect more Players to a CMS than you have purchased Display Slots for that CMS, nor is it acceptable to run more commercial Players than you have licenses for that type of Player. The above examples are not exhaustive but illustrative.

Interactive services

We may from time to time provide interactive services as part of Xibo, including, without limitation:

  • Chat rooms
  • Bulletin boards
  • Xibo Helpdesk

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Xibo is only for use by those over 18.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to Xibo (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from us, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites. 0 Include the upload, store or processing of any Special Categories of Personal Data (as defined by Article 9 of the General Data Protection Regulation).

Breach of this policy

When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Policy constitutes a material breach of the Ts&Cs upon which you are permitted to use Xibo, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use Xibo.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to Xibo.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country's laws apply to any disputes?

If you are a consumer, please note that the terms of this Policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, the terms of this Policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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