CGU

General terms and conditions of use of Shelduck TV

1. General

These "General Terms and Conditions of Use Shelduck TV" (hereinafter: "GTC STV") of Shelduck Production Sàrl apply to the use of Shelduck TV in addition to the General Terms and Conditions of Sale for the product of Shelduck Production Sàrl (hereinafter: "GTC"). In the event of contradictions, they shall prevail over the other contractual elements. If the customer does not agree to these terms and conditions and is within the time period allowed for a return according to the applicable return policy (see art. 3.5 GTC), he/she may return the Shelduck TV to the place where he/she obtained it for reimbursement, in accordance with the provisions of said return policy.

2. Product of Shelduck Production Sàrl

2.1. Scope of the product

Shelduck Production Sàrl allows the customer to view audio and visual videos on a television set or screen (hereinafter: "videos") stored in the Shelduck TV which broadcasts the content in 4K UHD format. The availability of the different videos on the Shelduck TV varies depending on the version of the Shelduck TV box and the terminals used.

2.2. Videos

The list of videos contained in Shelduck TV can be viewed on shelducktv.com. However, no video will be available for individual download on the shelducktv.com website. The videos are composed of edited and/or arranged sounds and images and integrated into Shelduck TV. The customer will be able to select a continent or country on the homepage once Shelduck TV is installed on their TV or monitor. The videos will then be played randomly and continuously on the TV set or screen used without being specifically selected by the customer.

2.3 Quality of the videos

Shelduck Production Sàrl offers videos in 4K UHD quality in a format and codec designed for very high quality broadcasting, which are however limited to the capabilities of the client's television set or screen. Therefore, if the customer's television set or screen is not capable of broadcasting images in 4K UHD quality, Shelduck TV can still be played, but the images broadcast will not be of as good a quality. In this case, no responsibility can be attributed to Shelduck Production Sàrl.

2.4 Travel option in pictures

Customers who have a Shelduck TV can view all the videos contained in it free of charge.

3. Customer's performance

3.1 TV or monitor with HDMI port

For optimal playback of the videos contained in the Shelduck TV, the TV or monitor used must have a power supply and the ability to play Ultra High Definition videos, which is the responsibility of the customer. In addition, an HDMI port is required to use the Shelduck TV.

3.2 Installation and de-installation

The customer is solely responsible for the installation and uninstallation of the Shelduck TV on his or her television set or monitor.

3.3 Use in accordance with the contract

If Shelduck TV is purchased by a private customer, all services related to the use of Shelduck TV may only be used for private purposes and under no circumstances for commercial or industrial purposes. In particular, the use and broadcasting of Shelduck TV in places accessible to the public, e.g. cafés, restaurants, hotel bars, cinemas, theatres, exhibitions or in shop windows, rental, recording of videos and broadcasting of videos are not permitted. In case of violation of these provisions, the customer is obliged to compensate Shelduck Production Ltd. In case of acquisition of Shelduck TV by customers for commercial or industrial purposes, the customer must ensure that the broadcasted videos cannot be used by unauthorized third parties. In case of violation of these provisions, the customer is obliged to compensate Shelduck Production Sàrl.

3.4 Prohibition on concealing credit on videos

The customer is not allowed to hide in any way the text/credit appearing in the bottom right corner of the screen or TV.

4. Equipment and configuration requirements

4.1 General

The customer is responsible for the purchase, installation and proper use of the equipment during the entire period of use of the Shelduck TV. He shall ensure that it is used with care and in accordance with the contract.

4.2 Using Shelduck TV

The customer is responsible for the careful use of the Shelduck TV by himself and for the use of the Shelduck TV in accordance with the contract. Any other use than that provided for in the STV GTC is expressly forbidden, namely opening the Shelduck TV box, carrying out interventions on the software or hardware by the customer himself or by third parties, accessing the videos stored inside the box in any way, recording the videos with a view to using them other than with Shelduck TV, entrusting the equipment to third parties, connecting Shelduck TV to a cable other than the one supplied with the box. The customer is responsible for the loss and any damage to the equipment resulting from inappropriate use or abnormal wear. The customer is responsible for taking out insurance covering the equipment.

4.3 Shelduck TV in 4K UHD

The customer is responsible for the careful use of the Shelduck TV by himself and for the use of the Shelduck TV in accordance with the contract. Any other use than that provided for in the STV GTC is expressly forbidden, namely opening the Shelduck TV box, carrying out interventions on the software or hardware by the customer himself or by third parties, accessing the videos stored inside the box in any way, recording the videos with a view to using them other than with Shelduck TV, entrusting the equipment to third parties, connecting Shelduck TV to a cable other than the one supplied with the box. The customer is responsible for the loss and any damage to the equipment resulting from inappropriate use or abnormal wear. The customer is responsible for taking out insurance covering the equipment.

5. Intangible rights

5.1. General

All videos, software, sounds and images (hereafter: "contents") in Shelduck TV are protected by copyright. Shelduck Production Sàrl and its suppliers grant the customer a limited, non-exclusive and non-transferable use of the contents of Shelduck TV. Shelduck Production Sàrl and its suppliers retain all rights to the content. Shelduck Production Sàrl and its suppliers cannot exclude the uninterrupted and undisturbed operation of Shelduck TV. The customer is not allowed to modify, adapt or translate the contents integrated in Shelduck TV. The customer is also not allowed to reconstruct, decompile or disassemble them by reverse engineering or to make a derivative work of the contents. Nor may the customer duplicate the contents, even partially, or make them publicly accessible in any way. The customer is responsible for the violation of the licence and the contents as well as for any claims of third parties that may arise from this. In the event of a claim against Shelduck Production Ltd. or its suppliers, the customer releases Shelduck Production Ltd. and its suppliers from any third party claims.

5.2 Liability

In addition to article 3 of the GTC, liability for slight or moderate negligence is completely excluded in case of damage caused by Shelduck TV.

6. Data protection

No personal data is used by Shelduck Production Sàrl when using Shelduck TV.

7. Warranty/Liability

Shelduck Production Sàrl provides a Shelduck TV specially designed for television sets or Ultra High Definition screens. Shelduck TV does not provide any guarantee as to the proper functioning of Shelduck TV with other types of equipment. In case of simultaneous use of Shelduck TV and the Internet, the capacities of Shelduck TV may be temporarily limited. Shelduck Production Sàrl does not assume any responsibility for such malfunctions related to the use of the Internet. The guarantee - in terms of quality, operation, etc. - also depends on the network access. - The guarantee - with regard to quality, operation, etc. - also depends on the access to the customer's electricity supply network and cannot be the responsibility of Shelduck Production Ltd. Shelduck Production Ltd. and its suppliers do not accept any liability for the accuracy, completeness, timeliness, legality and availability of content made available via Shelduck TV.

8. Jurisdiction and applicable law

This contract is subject to Swiss law. The place of jurisdiction is Sion. The mandatory places of jurisdiction are reserved (cf. in particular articles 32 and 35 CPC concerning consumers).

December 2021