This is an agreement (this “Agreement”) between the user (“User” or “You“) and United Bus Technology Inc. (“UBT” or “We” or “us” or “our”)) with respect to Your access and use of UBT’s on-coach wireless internet connection service (“Wi-Fi Service”), on-coach media portal BusMovie.net and/or relevant mobile apps (collectively “Portals”), and/or the content streaming service through the Portals (“Streaming Service”). Wi-Fi Service, Portals and Streaming Service are collectively referred to as the “Service.”
The Service is offered to User conditioned on User’s acceptance without modification of the terms, conditions, and notices contained herein and those updated by UBT from time to time. You will be required to accept this Agreement prior to your accessing to the Service.
The Service is only available for current passengers on the vehicles where UBT provides the Service pursuant to the agreements between UBT and the vehicle operators or owners.
Use of the Service
- You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Service in accordance with all terms and conditions herein.
- You agree to use the Service for your personal, noncommercial use only and not to use the Service for any illegal or improper purposes.
- You agree to NOT USE THE SERVICE TO:
- modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or any part thereof, or any other information, products or services obtained from the Service without UBT’s prior written consent;
- transmit any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, racially, ethnically or otherwise objectionable;
- transmit any material that you do not have a right to make available under any law;
- transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights;
- transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service, any computer software or hardware, or any telecommunication equipment;
- interfere with or attempt to interfere with the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; or
- use the Service for high volume data transfer or cause an unreasonable or disproportionately large load on our system.
- You understand that you are using a public internet connection and should take all precautions for the security of your device and information when using the Service. UBT is not liable for any harm done to your device which are caused by you downloading any malicious software or file while using the Service. Anti-virus software is recommended.
- UBT reserves the rights, but has no obligations, to monitor and manage the Service and or the network. UBT may use technologies to monitor and identify User’s activity, type of content being transmitted, application being used, or potential impact on our system and the Service; or use tools and techniques to block or otherwise restrict your access to the websites that have restricted content or cause heavy loads, or remove, block, filter, or restrict by any other means any materials or information that, in UBT’s sole discretion, may be illegal, improper, may subject UBT to liability or may violate any terms of this Agreement. UBT may block or otherwise restrict your access to and use of the Service if we identify any violation of this Agreement or any law.
- UBT reserves the rights to investigate any illegal and/or unauthorized use of the Service, including, but not limited to, unauthorized framing of the Service or unauthorized use of any robot, spider or other automated device, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.
- The Service contains and references trademarks, patents, trade secrets, technologies, products, processes, or other proprietary rights of UBT and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of UBT and/or other parties is granted to or conferred upon you.
- The trademarks, logos and service marks and trade dress displayed on the Portals (collectively, the “Trademarks”) are registered and common law Trademarks of UBT, its affiliates and various third parties. UBT, NetBox, MegaTrac, On-Coach Cinema, MegaWifi, and other UBT logos and product and service names are Trademarks of UBT. Use of the Service should in no event be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of UBT or such other party that may own the Trademarks.
- All materials displayed or performed on the Portals (including movies, shows, other audio and video contents, commercials, and text, graphics, articles, photographs, images, and/or illustrations, collectively, the “Content”) are protected by copyright. You shall abide by all copyright laws, trademark rules, information, and restrictions contained in the materials accessed through the Service, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any material or content or other proprietary rights not owned by you: (i) without the express prior written consent of UBT or respective owners, and (ii) in any way that violates any third party right.
- UBT is committed to complying with U.S. copyright and related laws, and requires all Users of the Service to comply with these laws. In accordance with applicable laws, it is UBT’s policy to reserve the right to terminate the Service of any User who infringes upon the intellectual property rights of another, including repeat infringers, or who UBT believes, in its sole discretion, is infringing upon such rights.
- Copyright owners may report alleged infringements of their works according to the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you believe that any materials on the portals infringes your copyright or the copyright of your work is infringed through the Service, please send UBT a notification of claimed infringement that satisfies the requirements of the DMCA to the following address:
United Bus Technology Inc.
Attn.: Legal Department
7926 Jones Branch Drive
McLean, VA 22102
Links to Other Sites
- The Portals may contain links and pointers to Internet sites maintained by third parties. UBT provides such links and pointers solely as a convenience to you and for informational purposes only. UBT does not operate or control in any respect any information, products or services on such third-party sites. The inclusion of these links and pointers in no way indicates UBT’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such sites. UBT shall assume no responsibility for the content of any of third-party sites and make no representation or warranty regarding third-party sites or the contents or materials on such sites. IF YOU DECIDE TO ACCESS SUCH THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK.
Use of Information
No Warranty and Limitation of Liability
- The Service and the information, software, products, and services in connection with the Service may include inaccuracies or errors. Changes are periodically added to the Service. UBT may make improvements and/or changes to the Service at any time. The Service and all such information, software, products, and services are provided “as is” and “as available” with all faults and without warranty of any kind. UBT DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. UBT DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARDS TO THE SERVICE AS WELL AS ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES IN CONNECTION WITH THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- To the extent allowed by applicable laws, in no event shall UBT, or any of its affiliates, shareholders, directors, officers, employees, representatives, agents, suppliers or contractors be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the Service or with the delay or inability of the Service, or in connection with any information, software, products, and services obtained through the use of Service, or otherwise arising out of the use of Service, whether based on contract, tort, strict liability or otherwise, even if UBT has been advised of the possibility of damages.
- You agree to indemnify and hold harmless UBT, and its affiliates, shareholders, directors, officers, employees, representatives, agents, suppliers, and contractors from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to your use of the Service, any materials or data that you transmitted through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party’s rights or any violation of law or regulation, or any breach of this agreement. This section will not be construed to limit or exclude any other claims or remedies that UBT may assert under this Agreement or by law.
- Amendment and Modification. UBT may revise the terms and conditions of this Agreement from time to time without notice by posting an updated version on the Portals. All revised versions of this Agreement are effective immediately upon posting.
- Severability. If any term or provision of the Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. If any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, that provision will either be deemed modified to the minimum extent necessary to render it enforceable or else disregarded.
- Waiver. The failure of UBT to enforce any term of this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
- Governing Law, Jurisdiction and Venue. This Agreement is governed by the laws of the Commonwealth of Virginia without reference to conflicts of laws provisions. You agree to the exclusive jurisdiction and venue of state and federal courts where UBT’s principle of business is located in the United States in all disputes arising out of or relating to the use of Service. You irrevocably waive all rights to trial by jury in any legal proceeding in connection with this Agreement.
Any rights not expressly granted herein are reserved.