The aim of the present General Terms and Conditions of Use and Sale (hereinafter referred to as the Terms) is to determine the foundations and conditions under which UNIVERSCINE SWITZERLAND shall make available to its Website customers residing in Switzerland or Liechtenstein a catalogue of audiovisual programmes as part of a Video on Demand service (hereinafter referred to as the Programmes), which allows files to be downloaded either temporarily, progressively or permanently (hereinafter referred to as the Service).
It shall likewise be specified that all the Programmes on offer are only available when listed on the Website. UNIVERSCINE SWITZERLAND may remove individual programmes from the Website at any time.
The present Terms correspond in all points with the applicable regulations concerning distance selling via the Internet. These Terms apply exclusively to the online services offered on the Website www.leKino.ch.
1. Scope of Application
Every user who has read in full the present Terms and accepted these Terms before using the Service shall be granted access to the Services. Accordingly, the user recognises that all Programme orders and all publications of commentaries and opinions on the said Website entail an unconditional acceptance of the present Terms. In the case that a user does not abide by the present Terms, UNIVERSCINE SWITZERLAND reserves the right to prohibit or entirely deny him/her access to that Service. UNIVERSCINE SWITZERLAND is entitled to amend its Terms at any time. It is thus the users responsibility to read the Terms on the Website before every order and to familiarise him-/herself with the newest version of the Terms. The present Terms can be saved by all Website users as a computer file and be printed and reproduced as well. However, the present Terms are only valid if they are available on the Website. In the case that the present Terms are available on other Websites or via other means after the date they had been removed from the Website, UNIVERSCINE SWITZERLAND is no longer subject to the Terms.
2. Identification of the Service Provider
Owner of the Website:
UNIVERSCINE SWITZERLAND SARL
15 rue Maunoir
represented by Managing Partners Francine Lusser and Gérard Monier
Telephone: +41 58 596 97 98
Web hosting service:
Address: 2 Rue Kellermann, 59100 Roubaix, France
Telephone: +33 8 203 203 63
3. Description of the Service
The Video on Demand Service offered by UNIVERSCINE SWITZERLAND on its Website allows the user, using his or her computer, to access the streaming or download of contents that he/she has requested. These contents have been organised into audiovisual Programmes and put into different categories and subject areas for this Service. Programmes are either available to download either temporarily, and/or temporarily and progressively, and/or -- in some cases -- permanently. The contents offered by the Website are available in the user selection for the prices valid on the day of purchase. It shall also be specified that with temporary and/or temporary and progressive downloads, streaming enables the user to watch the Programme(s) for a period of 48 hours. Starting with the first viewing of the Programme, it can be watched infinitely within those 48 hours. The user will be continually informed of the status of the Programme while it is downloading. The user will be notified that the waiting time may vary depending on the speed of the available Internet connection. The user will also be informed that he/she has a 30-day period of time to carry out the initial viewing of the Programme. If the user fails to do so in the given period of time, he/she will no longer be able to watch the Programme. The transmission of the permanent download enables the user to purchase the Programme for long-term use. It shall also be specified that the Programme may only be activated on three devices
The Video on Demand service makes available to the user 2 different offers:
- the borrowing of one or multiple Programme units in exchange for payment,
- the permanent purchase of one or multiple Programme units.
4. Access Conditions of the Services
Access to the Service offered by UNIVERSCINE SWITZERLAND is reserved to users who reside in Switzerland or Liechtenstein, are at least 18 years of age and legally responsible. Underage users shall undertake to receive permission from their parents in order to sign up for the above-mentioned Service. In order to use the Service, the user must first sign up on the Website and create a user account. In order to create a user account, the user must truthfully and correctly fill out the online registration form of the Website. The user shall determine a user ID (email address) and password during the registration. As soon as the registration has been successfully completed and the user account has been created, the user will receive a confirmation email at the email address provided in registration form. UNIVERSCINE SWITZERLAND reserves the right to refuse to offer the Service before accepting the registration if the user information provided is incomplete, incorrect, untruthful or fictitious. Within the framework of the registration, the user shall undertake to not infringe upon third party rights. All elements related to the identification of the user and his/her use of the Service are private and confidential. The user shall bear responsibility for the confidentiality of his password and undertake to keep it secret, not publicising it in any way. Accordingly, the user shall also agree that all connections or transmission of information carried out with his user ID and password shall bear all responsibility and be considered as though they would be effected in his/her name. Should the user lose one of these identification elements, or if these are stolen, he/she must immediately contact the customer service of UNIVERSCINE SWITZERLAND, whose contact information can be found under Article 9 of the present Terms, so that they can delete the aforementioned elements as quickly as possible. UNIVERSCINE SWITZERLAND shall immediately provide the user with new identification credentials. The user shall bear responsibility for any use of his identification credentials. In the case of misappropriation or of an unapproved use of the user ID, UNIVERSCINE SWITZERLAND shall hold the user responsible until UNIVERSCINE SWITZERLAND has received a notification with the information provided in the customer service under the aforementioned preconditions. The user undertakes to log out after every session.
5. System Requirements for Accessing the Service
The user must review the system requirements and the requisite Internet connection before accessing the Service. The user alone shall bear responsibility for having checked that the system requirements of his/her computer have the minimum required system settings listed in the following:
To access the Service, users must either use a PC with Windows 7, a Mac with OSX 10.5, a tablet or a smartphone with iOS 7.0 or Android 4.3, or any later version of the operating systems.
It is not possible to stream our DRM-protected content or to install the leKino player on computers running on a Linux operating system.
Browsing leKino requires a recent browser compatible with modern Internet standards (HTML5 / CSS3). The website is specifically compatible with the following browsers:
- Internet Explorer 10 (PC)
- Firefox 28 (PC or Mac)
- Chrome 35 (PC or Mac)
- Safari 6 (Mac)
Compatibility with later versions of these browsers will also be guaranteed.
Streaming films on a PC or a Mac is only possible if install the Flash plug-in. If you have not done so yet, you can download it here.
Downloading and watching films on a PC or a Mac is only possible through the leKino player. If you have not done so yet, you can download it here.
To watch films on iOS and Android tablets and smartphones, you will need to download the free leKino app on the Apple Store or Google Play respectively.
6. Access to the Programmes
With the exception of service or maintenance periods and internet service update procedures and their potential interruptions in special cases, access to the Service shall be guaranteed without interruption.
6.2. Order Process
The orders shall be processed either in French, German or English. The order takes place in different stages:
- Choice of the Programme
- Creation of a personal user account or definition of a user ID if a user account for the Service has not already been created
- Choice of payment method where it is specified that the aforementioned payment shall be carried out as follows:
- in agreement with the requirements subsequently provided in Article 7 for immediate payment
- and, when the user, after choosing one of the passes offered by the Service, allows the fee be directly debited from his/her bank account in advance as a simple deduction, as soon as he/she has demonstrated his/her obligation.
- Confirmation of the order.
- As soon as the order has been confirmed and saved on a web server, the user will receive an email sent to his/her email address with a detailed summary of his/her order. It is advised that the user print and save this email as proof of order and purchase.
6.3. Delivery of Order
After the automated and secured data processing of the order, the customer has the option to watch and/or download the ordered Programmes. In case the user cannot download the Programme(s) due to a problem with the connection, they can contact the customer service address listed in the "Customer and Support Services" Article in the present Terms.
6.4. Absence of the Right of Revocation
The Video on Demand service is an immaterial service and is to be carried out by digital means. Since the Programme is rented via download and the order is taken and delivered immediately, the user shall waive his right of revocation and can in no way demand a refund after the beginning of the first viewing. Furthermore, he/she shall agree with the conditions mentioned above and expressly accepts these by acknowledging the present General Terms and Conditions of Use.
7. Territory of Jurisdiction
Our Service can only be used by people who reside in Switzerland or Liechtenstein and use the Service in Switzerland or Liechtenstein. In this respect, the user is expressly prohibited from downloading the Services films in territories that do not take part in the Service. UNIVERSCINE SWITZERLAND shall reserve the right to close the user account of any user who violates this prohibition and to pursue legal charges. In order to protect our agreement regarding the rights of the programmes on offer, the territory of jurisdiction from which the user places the order will be checked automatically. If the territory of jurisdiction from which the user has placed the order of the Programme does not belong to the authorised territories, he will be informed of this and will not be able to watch and/or download the Programme.
8. Prices and Terms of Payment
The prices of the available Programmes and for the passes, which must be paid in advance, can be read on the Website. All prices will be listed in Swiss Francs and include VAT. UNIVERSCINE SWITZERLAND can amend the prices without announcement at any time. Accordingly, the renting price will be calculated based on the price listed on the date of the order.
8.2 Terms of Payment
The payment of the placed orders must take place online using one of the following payment methods: Visa, MasterCard, PostCard, Yellownet or Paypal. For this purpose, the user must provide his credit card number and its expiration date in the field designated by the Service either during the registration, before every order, or in the "My Account" section. The payment shall be made in Swiss Francs. The bank account details will not be stored or maintained by either UNIVERSCINE SWITZERLAND nor by its Service. In order to best protect the bank account details of the payment methods, the orders placed using the Service will be secured and encoded. The requested Programme will be available to the user as soon as the payment confirmation has been received. The user will be notified of this via an email confirmation sent to the address provided during registration.
9. Personal Data
The Website www.leKino.ch shall be regularly declared and registered with the authorities. The confidential information that UNIVERSCINE SWITZERLAND obtains about the user during registration is used by UNIVERSCINE SWITZERLAND for managing its users orders and is subject to data processing. Either UNIVERSCINE SWITZERLAND itself or its service providers may send the user via post and/or email information of a commercial nature that allows the user to better familiarise himself with the services UNIVERSCINE SWITZERLAND offers. UNIVERSCINE SWITZERLAND reserves the right to use the aforementioned information exclusively for purposes of research and analysis and to transfer it to third parties, e.g. market research companies and public opinion poll institutions. The above-mentioned information can also be transferred, as part of joint or individual commercial business, to third-party providers regardless of whether these are service providers. In this respect it shall also be specified that the user shall have the right to refuse the commercial communication of such messages in accordance with the applicable regulations by sending an email to the address provided in Article 9 of the present Terms. The user shall have both the right to access and the right to additional information, rectification and, where applicable, the right of appeal regarding his personal information. The user has the right to assert the above-mentioned rights by sending an email to the address provided in Article 10 of the present Terms. The users personal information, as well as the information regarding his orders on the Website, are subject to electronic data archiving conducted by UNIVERSCINE SWITZERLAND, which shall take place as long as the user is registered with the Website. This information can be retrieved by the user in his account history.
10. Customer and Support Services
For general questions, please contact UNIVERSCINE SWITZERLANDs customer service at the following email address: support@leKino.ch
11. Intellectual Property
The Programmes watched and/or downloaded by the user comprise digital files protected by national and international regulations regarding copyright laws. The use of the Programmes is subject to the terms in the Article on copyright law, i.e. the use is limited to use for private purposes in a family setting. The private use in a family setting excludes in particular any collective or public screening and/or dissemination of the Programmes. Furthermore, it is forbidden to edit, lend, exchange, reproduce or duplicate the Programmes, and the Programmes may be neither partially nor entirely transmitted or disseminated. Any use outside of the specified setting, especially the resale, the exchange, the rental and the transmission on third parties, is expressly forbidden. Anything that infringes upon this information may be punishable with both criminal sanctions and civil penalties. The Programmes purchased by the user shall be verified by a technological system called DRM (Digital Rights Management). The DRM or the Digital Rights Management system is a system that protects digital files and verifies their usage. The purpose of this system is to guarantee the customer maximum flexibility while using the downloaded recordings in that it simultaneously protects the right holders of the Programmes. The user shall undertake on the one hand to neither circumvent nor compromise the method of verification of the software that is necessary for using the Service, and on the other to not incite third parties to commit the above-mentioned actions. The permission granted to the user for the use of this Service as a return for payment does not give him any claim to the immaterial property, which is exclusively reserved by the creators and claimants. In particular, the user is not allowed, either partially or entirely, to copy, reproduce, translate, extract, change and/or create elements strongly resembling even one of the elements of the Service. This also applies for any and all contents and, in general, elements (especially, but not limited to designations, commercial names, brands, any images, logos etc.) that can be accessed while using the Service and that remain the exclusive property of their respective right holders, namely the claimants in question. The aforementioned contents and elements are protected individually and, where applicable, by the current legislation and international rules in force regarding copyright. It is expressly forbidden, either partially or entirely, to reproduce, change and/or use all parts or any one part of the Websites content (especially brands, commercial names, images, audio, graphics), regardless of the purpose and means, without having received written permission from UNIVERSCINE SWITZERLAND.
12. Obligations of the User
The user shall have the right to employ the Service for private use. It is not allowed to use the Service for professional, commercial and/or advertising purposes. UNIVERSCINE SWITZERLAND shall not be held liable in the case the Service is not used according to the present Terms. It shall also vouch for any recourses, actions and/or legal claims made by people who want to assert their rights regarding the use of the literary and artistic property in the works, which are not in accordance with the provisions of the present Terms.
12.2 Opinions and discussion forums
The user shall have the right to employ the Service for private use. It is not allowed to use the Service for professional, commercial and/or advertising purposes. UNIVERSCINE SWITZERLAND shall not be held liable in the case the Service is not used according to the present Terms. It shall also vouch for any recourses, actions and/or legal claims made by people who want to assert their rights regarding the use of the literary and artistic property in the works. The user alone shall bear responsibility for the intention of the opinions and comments that he discloses on the Website while using the Service. UNIVERSCINE SWITZERLAND cannot in any way be held responsible for the opinions and comments that have been disclosed by a user on the Website. The user agrees that UNIVERSCINE SWITZERLAND reserves the right, in case it is deemed necessary, to remove the opinions and comments put forward by a user and, where appropriate, to amend, adjust, or translate into any language, to save online or to delete at any time without having first contacted the user. By expressing his opinion or posting his opinion or a comment on the Website, the user expressly and relinquishes his authorial rights to UNIVERSCINE SWITZERLAND, especially his right to the worldwide reproduction, performance or adjustment of thus far known or unknown supports and formats for long as the statutory period of the copyright protection lasts. The user shall also undertake to respect the provisions and obligations regarding his written contributions to the Service and the Website, in particular as described in the following:ks, which are not in accordance with the provisions of the present Terms.
- No message or piece of information of any nature or form shall be disseminated if it:
- is contrary to public law and is unethical
- is insulting, defamatory, racist, xenophobic, revisionist, or if it damages the honour and reputation of third parties
- instigates the discrimination or animosity toward one person or a group of people because of their descent, their belonging or not belonging to a certain ethnic group, nation, race or religion
- contains threats against one person or groups of people
- contains paedophiliac characteristics
- invites people to commit an offence, a crime or an act of terrorism, or glorifies war crimes or crimes against humanity
- enables third parties, either directly or indirectly, to get hold of pirate copies of software, serial numbers of software, or software for receiving pirate copies or enables interfering in information and telecommunications systems and creating viruses and other logic bombs and generally all software tools, etc. that infringe upon the rights of third parties and aim against the security and goods of the people
- The rights of third parties shall respect, especially:
- Personal rights (as well as the right to ones own image, the right to privacy)
- The trademark right
- The copyright laws (especially for software, audio, images, photos, texts, animated images) and related rights (artists, performers, producers of sound and video recordings, and the sui generis right of databank manufacturers)
- General rights of people and goods
- In general the user shall not be allowed to perform any activities that compromise the smooth functioning of the Website or damage the reputation of UNIVERSCINE SWITZERLAND
13. Guarantee and Liability
UNIVERSCINE SWITZERLAND shall not be liable for dysfunctions and/or interruptions that arise from a force majeure. UNIVERSCINE SWITZERLAND shall not be liable for the access to network and Internet connections. Accordingly, UNIVERSCINE SWITZERLAND cannot be made liable for dysfunctions and/or an unsatisfactory performance of the access services. UNIVERSCINE SWITZERLAND shall also not be held liable for the consequential damages or for the fittings and/or incidents tied to the functioning of the network and Internet connections. UNIVERSCINE SWITZERLAND shall not be not responsible for the disappearance, loss, damage and in particular for damages impairing the users computer. UNIVERSCINE SWITZERLAND shall not be obligated to replace Programmes that have been destroyed during temporary and/or not reparable interruptions on the users computers. Several hyperlinks can refer to other Websites. UNIVERSCINE SWITZERLAND shall not be held liable if the content of those Websites does not correspond to the legal provisions and/or applicable regulations. UNIVERSCINE SWITZERLAND shall not be held liable if the legislation of the country, in which the Programmes are being broadcast, does not comply. During the uploading process, UNIVERSCINE SWITZERLAND shall only be liable for the allocation of funds. UNIVERSCINE SWITZERLAND is not responsible for verifying information, data, texts, music, audio, photos, images, videos or all other materials that transmitted via the Service. Accordingly, it shall not be held liable for the usefulness, legality, honesty or quality of any contents. UNIVERSCINE SWITZERLAND shall not be held liable for the unlawful quality of the contents based on the applicable regulations. Since the opinions, comments and other contents are involved that, where applicable, have been transmitted by the user to the Service and/or the Website, the user shall undertake to indemnify UNIVERSCINE SWITZERLAND in the case of recourses, claims or complaints made by third parties with regard to the presence of the above-mentioned content, which has been transmitted by the user via the Service and/or on the Website. The user must therefore refund UNIVERSCINE SWITZERLAND with the sum for the damages and losses that may arise from the above-mentioned notifications, complaints or objections/recourses made by third parties, including the attorneys fees and legal costs that UNIVERSCINE SWITZERLAND must potentially assume. The user shall be informed that the copy is not a decisive element of the commercial offer of UNIVERSCINE SWITZERLAND and the Programme has security measures that prevent the production of pirate copies and the copying of the Programme using other means.
UNIVERSCINE SWITZERLAND reserves the right to close the account of its users in the following cases:
- Actions that do not correspond with the regulations as specified in the Copyright Act
- If the user fails to apply himself one or any of the obligations by virtue of the present Terms.
15. Exercising the Right of Revocation
The user may assert his right of revocation by getting in contact with the customer service within seven (7) days from the point in time after accepting the offer. If the cancellation deadline should fall on a Saturday, Sunday or holiday, this deadline shall be extended to the first subsequent work day. Should the user have already used the Service before the cancellation deadline of seven (7) days, he may no longer use his right of revocation.
16. Applicable Law and Settlement
The present Terms are subject to the Swiss legislation and all lawsuits that do not end with a settlement shall be disputed in court.