The Entertainment and Infotainment Portal (hereinafter referred to as “Portal”) is an offer of FlixMobility GmbH, Birketweg 33, 80639 Munich, Germany (hereinafter referred to as “FlixMobility”), for use by the passengers of FlixBus. The technical operation of the Entertainment and Infotainment Portal is operated by Icomera AB, Odinsgatan 28, SE-411 03 Gothenburg, Sweden (hereinafter referred to as “Icomera”), and Spoken Ink Ltd, t/as Whoosh Media, Suite 38-41, The Hop Exchange, 24 Southwark Street, London, SE1 1TY, United Kingdom (hereinafter referred to as “Whoosh”).
The integrated server system is designed to enable users to use their devices to playback the media content stored on the router of the bus and to provide users with Internet access (hereinafter referred to as “Entertainment”). The server system also enables users to access travel information, in some cases available in real-time (hereinafter referred to as “Infotainment”).
Use of the Portal is only permitted if the user has accepted the following Terms and Conditions of Use.
1. Technical Requirements
The router installed in the individual buses is used to set up a wireless network (Wi-Fi). To make use of this offer, a Wi-Fi-compatible device is required (hereinafter referred to as “Device”). The server system is designed to run on the latest browser versions and works with most commonly used standard Internet browsers. It is the users’ responsibility to make sure that his or her Device meets the required conditions of use for the integrated server system. The passengers shall have no entitlement to make use of the offer.
2. Playback of the media content delivered by the integrated server system
The user is granted the right to use his or her Device for playback of the media content (hereinafter “Media Content”) stored locally on the bus and accessible via the wireless network, in accordance with the Terms and Conditions of Use. This right is explicitly granted solely for connections made via the internal Wi-Fi available on the bus and ends upon leaving the bus.
All Media Content provided via the system is protected by copyright.
It is prohibited to download, store, distribute or reproduce this media content, except in cases where short term, intermediate storage of the Media Content is technically necessary for the purpose of direct playback of the content.
Any further use of the media content is deemed a violation of copyright law. In the event of a violation of copyright law, FlixMobility will provide user data to the respective copyright holder to enable them to assert their legal claims.
Media Content with age restrictions may only be accessed by users who meet the corresponding minimum age requirements. Compliance with this restriction is the responsibility of the parent/guardian of the underage user; FlixMobility assumes no responsibility in this regard.
By playing the respective media content, the user declares that they have reached the required minimum age. In particular, please note that there may be country-specific differences in age restrictions for the respective media content. They can be viewed in the entertainment portal with the information concerning the respective media content.
FlixMobility reserves the right to block individual users and to block or delete specific Media Content. Users shall have no claim to the playback of the Media Content.
3. Retrieval of real time travel information provided by the integrated server system
On certain routes, FlixMobility offers passengers information on the current journey as part of the server system service, the user understands that this information may not be fully accurate. FlixMobility shall not be held liable for any resulting travel complications, passengers shall have no entitlement to receive real time travel information.
4. Wi-Fi and Internet Access
The user gains access to the Internet via an unencrypted wireless data connection to the server installed in the bus. There shall be no entitlement to such access.
The wireless transfer of data from the users’ device to the server installed on the bus is in an unencrypted form. Therefore, the possibility that unauthorised third parties gain access to the users’ data cannot be excluded. It is the users’ responsibility to take appropriate security precautions to secure his or her data and to switch to encrypted network connections for the transmission of sensitive data.
The user assumes sole responsibility for any content that he or she retrieves from or uploads to the Internet through the unencrypted connection. The Internet connection may not be used for sending unsolicited advertising messages (spam).
The Internet connection and Wi-Fi access cannot be used to gain unauthorised entry into data networks or for the unauthorised retrieval or hacking of third-party data. Any transmission of viruses or malicious software is prohibited. The retrieval or distribution of unlawful, immoral or pornographic content, or content that glorifies violence is forbidden.
Any unlawful acts committed in connection with the use of the Wi-Fi or Internet via the server system are strictly prohibited. FlixMobility is entitled to block the user immediately and indefinitely. In such cases, FlixMobility will provide the respective user data to the investigating authorities.
Use of the integrated server system is at the users’ own risk. Unlimited liability for intent and gross negligence shall continue to apply.
FlixMobility assumes no liability for damages that occur/have occurred from the failure of the injured party to comply with the Terms and Conditions of Use.
The user is liable to FlixMobility for all damages that occur/have occurred from the failure of the user to comply with the Terms and Conditions of Use. The user indemnifies FlixMobility from any and all third-party claims in connection with this.
6. Data Protection
For the purpose of usage statistics, FlixMobility and the operators of the Portal, Icomera and Whoosh, collect, use and retrieve data of the Media Content in an anonymised form and in accordance with data protection regulations. Using the necessary securities, the data collected is hereby evaluated and stored in an anonymised form for internal purposes. Data transferred to the operators of the portal, Icomera and Whoosh, is in an anonymised form, and is set to collect usage statistics or to provide the offers that the user has explicitly agreed to receive.
7. Amendments to the Terms and Conditions of Use
FlixMobility reserves the right to adjust these Terms and Conditions of Use by making amendments to this document. Should any such amendments involve personal data, the user will be immediately asked to give his or her consent. The continued usage of the server system following such an amendment of the Terms and Conditions of Use will be considered as its acceptance.
It is the responsibility of the user to take note of these Terms and Conditions of Use prior to each use of the system in order to understand if any such amendments have been implemented. The acceptance of these Terms and Conditions of Use and the data protection requirements are a prerequisite for use of the system.
8. Other Provisions
Should one or several provisions of these Terms and Conditions of Use become invalidated, in whole or in part, this shall not affect the validity of the remaining provisions.
The invalidated or unenforceable provision(s) shall be replaced by a valid and enforceable provision(s), the effects of which come as close as possible to the commercial objective that all contractual parties intended to bring about with the invalid or unenforceable provision. The above provisions shall apply accordingly if a loophole is discovered in the agreement.
Present Terms & Conditions of Use are governed by European legislation.