Terms of service

Terms and Conditions of Sale

General Terms and Conditions of Use of Spektak.tv

Updated date of the TOS: (19/01/2022)

PREAMBLE

The Spektak.tv service is offered by SAS MAELIA, a simplified joint stock company under French law with a capital of €87,000, registered with the RCS of Pointe à Pitre under the SIRET number: 801 816 687 00025 and whose head office is located at Centre d’affaires Actualis 44 rue Henri Becquerel, ZI de Jarry, 97122 Baie Mahault Cedex

This paying service allows users, adults, professionals or not, to access video content ("Spektak.tv content") streamed via the Internet on digital terminals, subject to compatibility. These include computers and tablets, smartphones, televisions or any other compatible connected device.

This allows the viewing of the content offered and includes, but is not limited to, all related content and features.

These Terms of Use ("Terms") govern the online sale and use of the service for video-on-demand access.

In order to benefit from this service, any customer of the site must have previously consulted and accepted without restriction or reservation the present General Conditions of Use and Sale.

Spektak.tv reserves the right to modify at any time and at its discretion the present general conditions of use and sale.

DEFINITIONS

For the purposes of these GCSV, the following definitions shall apply:

"Customer": shall be understood as any person registered with the Service under the conditions set out in Article 3 of these GCUV.

"Nominative Information" shall be understood as any information relating to the Client.

"Service" shall be understood as any Spektak.tv online and offline service allowing viewing, listening and downloading of audio and video available on the Site.

"Site" or "Website" shall be understood as the interactive electronic service operated by MAELIA and its Spektak.tv service on the Internet, accessible at http://www.spektak.tv or any other url to be specified later.

"Streaming" shall be understood as the listening or viewing in real time of digital files, without the possibility of downloading, under the conditions described below.

"Temporary download" shall be understood as the temporary transmission from the Site of a digital file including the phonogram chosen by the Customer, under the conditions described below.

ARTICLE 1. Scope of application of the G.U.C.

The purpose of the present G.C.U. is to define the conditions under which Spektak.tv provides its online Content broadcasting Services, with a view to their live viewing (LIVE STREAMING Service) by means of its Website.

ARTICLE 2 Acceptance - Modification of the GTC

2.1. Application of the G.U.C.

The present G.C.U. apply more generally, without restriction or reserve, to the Services offered by Spektak.tv to the Users, who consequently commit themselves to respect them. They are systematically brought to the attention of each User, to allow him to subscribe and benefit from the Services.

2.2. Prior and unconditional acceptance.

The subscription to and use of the Services offered by Spektak.tv is subject to the User's full acceptance of and compliance with these G.C.U. The User declares and acknowledges that he/she has full knowledge of these G.C.U., has the legal capacity to enter into a contract, and waives the right to invoke any contradictory document, including any general terms and conditions of purchase, which shall not be binding on Spektak.tv, even if Spektak.tv has been made aware of them.

2.3 Modification of the GTC

Spektak.tv reserves the right to modify these GTC at any time. The User expressly agrees to periodically check the content of the T.G.U. and to accept the terms of the T.G.U. or, failing that, to stop using the Services. Spektak.tv also reserves the right to transfer, to any third party of its choice and in any form whatsoever, the rights and obligations it holds under the present T.G.U., which the User acknowledges and accepts.

ARTICLE 3 Conditions of access to the contents

3.1 Technical requirements

In order to subscribe to this service, the User must have the following requirements:

Minimum Internet connection speed. The optimal functioning of the Service requires that the User has a broadband Internet connection in order to transfer the Video Stream to his equipment.

Spektak.tv does not guarantee the functioning of the Service if the User has an Internet connection with a speed lower than 2.5 MEGABITS per second. The User is therefore invited to carry out, prior to registering for the Services, a speed test via a specialised website (www.speedtest.net for example).

As part of the Service, Spektak.tv provides the User, for the duration of the subscription, with a strictly personal, non-transferable and non-exclusive authorisation to view the content for which he/she has subscribed.

3.2 Service Packages

As part of the Service, Spektak.tv offers the Customer a choice between 2 Service Packages, the essential characteristics of which are as follows

Pay Per View

Unlimited Video access for which the Customer has to pay. The duration of the access codes is valid for 72 hours.

Festival Pass On Line

The Festival Pass gives unlimited access to all the videos available in the Play List during the entire duration of the online festival. The duration of the access codes is valid for 72 hours.

As part of the Service, Spektak.tv grants a restricted, non-exclusive and non-transferable licence to access the content offered, to the exclusion of any other right, title or interest.

Access to the content is limited to the countries and territories for which the Service is offered and for which the corresponding rights or licences are held by the Company. The content actually available may vary according to the territories or geographical areas considered.

None of the content (videos on the site) can be downloaded and watched offline.

ARTICLE 4 - Rates - Terms of payment

4.1 Rates.

The Services are provided at Spektak.tv's rates in effect on the day of the subscription for access to the content, according to Spektak.tv's price list reproduced on the Website, it being specified that the rates are inclusive of all taxes, and are subject to change at any time by Spektak.tv.

4.2 Payment of the price.

The price of the Service is payable in full on the date of subscription.

4.3 Payment methods.

Payments are made via the online payment solutions "Stripe" and "Paypal".

The customer has the choice between the two solutions when accessing the service.

ARTICLE 5 - Access to the Service

5.1 Availability.

Spektak.tv shall make every effort to ensure that the Website and the associated Services are accessible during the entire broadcast period. And during the period of availability of the content after broadcast (maximum 48 hours after the live broadcast).

5.2 Force Majeure.

Access to the Website and associated Services may also be temporarily interrupted, without the User being entitled to any compensation, in the event of force majeure and events beyond the control of Spektak. tv, such as (a) computer and telecommunication network failures, (b) behaviour of certain Users, (c) security breaches (non-limitative list), (d) failure of Spektak.tv's partners and/or subcontractors, without the User being able to claim any compensation or hold Spektak.tv liable for any reason whatsoever. The User acknowledges that, due to the nature of the Internet, Spektak.tv cannot guarantee the availability of the Service or incur any liability due to their temporary unavailability.

5.3 Access.

The Service is accessible from a broadcast medium connected to a telecommunications network allowing access to the Website according to the communication protocols used on the Internet network. The User, who must have Internet access, is solely responsible for the costs of communications making the connection to the Internet available. Consequently, Spektak.tv cannot be held responsible in case of computer failure of the User's equipment or suspension or suppression of his access to the Internet network.

The quality of the content may vary from one device to another, and may be affected by various factors, including the location of the device, the available bandwidth and/or the speed of the Internet connection. Content is only available in HD format.

A download speed of at least 5 Mbit/s per stream is recommended for viewing HD content (720p or higher).

Internet connection costs are to be borne by the user and only the Internet Service Provider may be liable for information on any Internet data usage charges.

The time it takes to view content varies depending on a number of factors, including location, available bandwidth, the content chosen and the configuration of the compatible Device.

It allows for viewing of content via compatible Devices and does not allow for any other use except in exceptional cases. This software suite may vary depending on the device and the medium used; the features and functions may also vary depending on the device. By using the Service, the User acknowledges that the Service may require the use of third party software subject to the licensing terms of such third parties.

5.4 Support.

Spektak.tv provides Support only by email to the following address: info@spektak.com

5.5 Reporting of Defects.

The User shall notify Spektak.tv Support of any defects in the Service. Spektak.tv undertakes to do its utmost to carry out the necessary modifications to correct the Anomalies reported to the Support, the term "Anomaly" being understood to mean any incident, defect, malfunction which significantly alters the use of all or part of the functionalities of the Service and which results in or has the effect of not complying with the functional specifications and the terms of these GTC.

5.6 Exclusions.

Spektak.tv shall not be obliged to provide maintenance and support services in the following cases: (a) minor defect that does not affect access to the Service; (b) defect due to misuse of the Service; (b) modification of certain features of the Service by the User, or by a third party, without the prior written consent of Spektak. tv; (c) Anomaly due to reasons external to the Service including, but not limited to, interruption of telecommunication and/or electrical networks, accidents, failure of a subcontractor of Spektak.tv, or events of Force Majeure.

ARTICLE 6 - Obligations of the User

6.1 Access to the Service and all content shall be reserved for strictly private and non-commercial use, excluding any form of public viewing, whether free of charge or not.

6.2 Compliance with regulations.

The User undertakes, in the context of his use of the Services, not to contravene the legislation, the customs in force, the legitimate interests of third parties and Spektak.tv, as well as the intellectual property rights of third parties or of other Users. In this regard, the User shall not (a) sending, distributing or making available any messages, sounds, videos, texts and/or images of a paedophilic nature, inciting racial hatred, likely to be considered negationist, defamatory, calling for murder or suicide, or glorifying crimes against humanity, and/or more generally offending public order or morality; (b) carrying out or calling for carrying out any act of computer hacking, spamming or fraudulent collection of personal data; (c) contravene the legislation applicable to intellectual property and in particular to refrain from reproducing on the Website any Content whose intellectual property rights are held by a third party without the prior written consent of the said holder; (d) contravene personality rights; (e) disrupt or attempt to disrupt the operation and/or accessibility of the Website and/or the Services; (f) use the Website and/or the Services to send unsolicited advertising or promotional material, with the exception of video advertisements that may be integrated into the Spektak. tv player (before the Content is played by the Users only).

6.3 Hypertext links to the Website.

The User may create a hypertext link to other websites, provided that the website on which the hypertext link is created does not disseminate any information and/or Content likely to contravene any legal or regulatory provision of public order and more generally does not contain any of the elements listed in article 10.1 "Compliance with regulations" of the present GTC.

The user also undertakes to use the Service in accordance with the laws, rules and regulations in force, or with the restrictions on the use of the service or the content offered. In particular, the user agrees not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, sell or use (except as expressly permitted in these Terms of Use) any content or information from (or obtained through) the Service. You also agree not to: circumvent, remove, modify, disable, destroy or defeat any content protections within the Service; use robots, spiders, web harvesting tools or other automated methods; decompile, reverse engineer or disassemble any accessible software, products or processes; insert any code or products, or manipulate the content in any way; or use any data mining, harvesting or extraction methods. Similarly, you agree not to upload, post, email or otherwise send or transmit any Content with the intent to interrupt, destroy or restrict the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any viruses or other computer code, files or programs.

6.4 Suspension of Access to Content.

Spektak.tv reserves the right to remove and/or suspend the User's access to the Services in the following circumstances: (a) the User has failed to comply with all or part of these GTC; (b) Spektak.tv is the recipient of a complaint or claim made against the User by another User or a third party. In this regard, if Spektak.tv receives a complaint that a User has posted content that infringes its rights, Spektak.tv will inform the User and will apply the precautionary principle by immediately suspending the User's access to the Services and removing the Content that is the subject of the complaint. Spektak.tv shall not be liable to the User for the exercise of this right to suspend or remove access to the Services.

6.5 Legal obligation to inform.

Spektak.tv shall promptly inform the relevant public authorities of any illegal activities reported to it against a User of the Services.

Article 7 - Responsibility of Spektak.tv

7.1 Legal limitation of liability.

Spektak.tv is not under any general obligation to monitor the information and Content it hosts at the request of Users, nor is it under any general obligation to investigate facts or circumstances indicating illegal activities.

Spektak.tv shall not be held liable for Content, activities or information hosted at the request of a User if it did not have actual knowledge of their illicit nature and/or their nature contrary to public order and morality, or of facts and circumstances revealing such a nature, or if, as soon as it had such knowledge, it acted promptly to remove such Content or to make access to it impossible.

7.2 Hypertext links from the Website.

Hyperlinks contained on the Website may lead to other websites or other Internet sources. Insofar as it cannot control these external sites and sources, Spektak.tv cannot be held responsible for the availability of these external sites and sources, and cannot bear any responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources. The User expressly acknowledges and agrees that Spektak.tv shall not be held responsible for any damage or loss proven or alleged to be caused by or in connection with the use, consultation, or reliance on the content, goods or services available on the websites or external sources to which hyperlinks are present on the Website. Finally, to the extent permitted by law. Spektak.tv shall not be held responsible if the content of such other websites contravenes the legal and regulatory provisions in force.

7.3 Features and presentation on the Website.

The presentation and features of the Website and the Services are provided "as is" and are subject to change at any time by Spektak.tv.

The Website may contain technical and typographical errors or other inaccuracies. Spektak.tv shall not be liable for any errors or omissions in the Website or any referenced material.

7.4 Functions of the Services.

Spektak.tv does not warrant that the functions of the Services will be uninterrupted or error-free, or that the Website and the associated Services will be free of viruses or other harmful components. Under no circumstances shall Spektak.tv be liable for any incidental, direct or indirect damages resulting from the use of the Website.

7.5 Damage.

Spektak.tv shall not be directly or indirectly liable or responsible, in any respect and for any reason whatsoever:

(a) for damages resulting from transactions and/or exchanges of information and/or goods and services between Users

(b) in the event of interruption of the Website and associated services due to maintenance operations or the behaviour of Users

(c) in the event of damage to equipment of any kind, loss of data, when connecting to the Website, in particular if these events result from the propagation of a virus or other computer infections;

(d) with respect to relationships that may be established between Users and third parties, whether partners of Spektak.tv or not, as a result of or in connection with the use of the Service, and/or with respect to services provided by such third parties and the consequences that may result from their use;

(e) in case of unauthorised reproduction of Content streamed by the User by means of software beyond the control of Spektak.tv.

7.6 Antivirus protection.

It is the responsibility of each User to take all appropriate measures to protect their own data, Content and/or software from contamination by any viruses circulating on the Internet. In no event shall Spektak.tv be liable for any other action, for any direct or indirect, incidental or consequential damages of any kind or for any loss, particularly of a financial or commercial nature, resulting from the use of the Website or any information obtained from the Website.

7.7 Unsolicited Content.

The Company does not accept any unsolicited content or ideas concerning the Content, and disclaims any responsibility for similarities between its content or programming and the content or ideas transmitted to it.

ARTICLE 8 - Intellectual Property

Ownership of the Website. All the elements (texts, logos, images, sound elements, software, icons, layout, database, graphic charter, etc.) contained in the Website and associated sites are protected by national and international intellectual property law (hereinafter the "Elements"). These Elements remain the exclusive property of MAELIA and/or its partners. In this respect, unless prior written authorisation has been obtained from MAELIA and/or its partners, the User is prohibited from making any reproduction, representation, adaptation, translation and/or transformation, whether partial or complete, or transferring to another website any of the Elements making up the Internet Site. Failure to comply with this prohibition may constitute an act of counterfeiting for which the User may be held civilly and criminally liable.

ARTICLE 9 - Protection of personal data

9.1. Personal data. In order to improve the quality of the Services, Spektak.tv collects certain information about the Users, in particular to offer a personalized use of the Website. Spektak.tv respects the privacy of the Users who visit the Website, and complies with the provisions relating to the protection of personal data. In accordance with the Law of January 6, 1978 relating to data processing and liberties, modified by the Law of August 6, 2004, relating to data processing, files and liberties and the General Regulation on the protection of personal data.

The personal information that the User may transmit to Spektak.tv within the framework of the Spektak.tv Services and/or one of its partners is subject to the provisions of the aforementioned law. As such, each User has a right to access, rectify and delete personal information concerning him/her that he/she can exercise at any time by sending an email to the following address: info@spektak.com or a letter addressed to MAELIA - Centre d'Affaires Actualis, 44 rue Henri Becquerel, ZI de Jarry, 97122 Baie Mahault Cedex - SPEKTAK. TV will keep the User's data for the duration of the subscription to the Services and for a period which will not exceed the time necessary for the purposes for which they are collected and processed from the end of the subscription. Thus, the User may request that information that is inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted. Spektak.tv will do its best to make the requested changes to the information contained in its existing files as soon as possible. Spektak.tv may provide certain information to its technical service providers in order for you to benefit from certain features of the Website (including the Forum). However, these service providers are not authorised to make any use of the User's data. Spektak.tv will not provide your data to any other third party without the User's explicit permission.

9.2 Collection of data.

The User is fully aware that the personal information he/she posts on the Internet (and particularly in forums, newsgroups...) can be collected and used by third parties. Therefore, the User acknowledges that Spektak.tv cannot, under any circumstances, be held responsible for messages exchanged through the communication tools it offers to its Users and for the possible consequences.

9.3 Severability.

If one or more provisions of these Terms of Use are found to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.

9.4 Electronic communications.

Account-related information (e.g., payment authorizations, invoices, password or Payment Method changes, confirmation messages, notifications) may be sent electronically, e.g., by e-mail sent to the e-mail address provided at registration.

ARTICLE 10 - Applicable law - jurisdiction (applicable to business users only)

10.1 Applicable law.

The present GTC and the operations resulting from it are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

10.2 Professional users - Competent court.

IN THE EVENT OF A DISPUTE CONCERNING THE VALIDITY, INTERPRETATION AND/OR EXECUTION OF THESE TERMS AND CONDITIONS, MAELIA - Centre d'Affaires Actualis, 44 rue Henri Becquerel, ZI de Jarry, 97122 Baie Mahault Cedex - AND THE USER AGREE TO ATTEMPT TO SETTLE THEIR DISPUTE AMICABLY BEFORE ANY JUDICIAL SEIZURE. IN ALL CASES OF LITIGATION, JURISDICTION IS EXPRESSLY ATTRIBUTED TO THE COURTS OF GUADELOUPE (FRANCE), INCLUDING IN REFEREE AND NOTWITHSTANDING THE APPEAL IN GUARANTEE OR THE PLURALITY OF DEFENDANTS.

10.3 Consumer or non-professional Users.

In the event of a dispute, any User who is a consumer or non-professional must first contact customer service by e-mail at info@spektak.com or by post at MAELIA_ Centre d'Affaires Actualis, 44 rue Henri Becquerel, ZI de Jarry, 97122 Baie Mahault Cedex_ .

In the event of failure to file a claim with MAELIA's customer service department, the User who is a consumer or non-professional may submit his or her dispute to a mediator, in particular the Consumer Mediation Commission (article L.612-1 of the Consumer Code), which will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.

The Parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In the absence of an amicable agreement, the User having the status of a consumer or non-professional may refer to a court in France any dispute relating to the existence, interpretation, conclusion, performance or termination of these G.C.U. as well as all documents related to this contract under the conditions of common law.