VIEWSTER is a video on demand service from VIEWSTER Ltd., Switzerland. VIEWSTER offers an attractive choice of up-to-date feature films, series and film star interviews, all viewable at any time on up to five different devices of your choice. Simply log into our website on your internet connected television, BluRay, tablet or smart phone, then choose a film and press play!

Version: Juni 2011


 

1 General

 

1.1 These Data Protection Regulations apply for the Video-on-Demand Service VIEWSTER (hereinafter referred to as "VIEWSTER") operated by the Viewster AG, Lavaterstr. 61, 8002 Z├╝rich, Switzerland (Register-Nr. CH 170.3.030.444-1) (hereinafter referred to as "Viewster AG").

 

1.2 These Data Protection Regulations do not apply if merely the access to the services and/or content of third parties is provided via VIEWSTER and if these services and/or contents are explicitly labelled as not being the responsibility of Viewster AG (e.g. linked websites of third parties). In these cases also those data protection regulations of third parties may be applicable, which deviate from these Data Protection Regulations.

 

1.3 Viewster AG may amend these Data Protection Regulations from time to time to adapt them for future expansions or other alterations of VIEWSTER or individual services. By way of a respective notice at www.viewster.com and/or per email Viewster AG informs you about each amendment to these Data Protection Regulations. You are entitled to object to the alteration of the Data Protection Regulations and to demand the deletion or blocking of the stored data pertaining to you.

 

2 Data processing during access to the VIEWSTER Website

 

2.1 During access to the VIEWSTER Website Viewster AG may collect information regarding the type and duration of the respective usage (general usage data). For this Viewster AG either issues a code number per visit (Session-ID) or allocates the information of your customer number or registration information, if you are already a registered customer. This data is deleted and/or used in an anonymous manner for statistical purposes upon the conclusion of the session. Any further personal data, such as your name, your address, phone number or email address are not captured at this point, unless this information is provided by you voluntarily, e.g. in the context of a survey or a competition.

 

2.2 Cookies are small information units required y Viewster AG to recognise your computer during your visit of the VIEWSTER Website. A Cookie is a text file, which is copied to your hard drive by a web server. Cookies cannot execute programs or install viruses on your computer. Cookies are clearly issued to a computer and can only be read by a web server of the domain, which has issued the Cookie to the computer. Via the Cookie a visited web server receives a message that a computer is again accessing a web site. This way data previously entered by you can be recalled when accessing a web site, allowing you to utilise the adjusted services more easily. Through the adaptation of the settings in your software program regarding the access to web sites (Web browsers) Cookies can be rejected or accepted or only accepted in individual cases upon prior request. Cookies are only stored by your browser on your hard drive during the current session, require minimum storage space and do not influence your computer. Certain services may not or only limitedly function without accepting the Cookies.

 

3 Data processing during registration as a customer

 

3.1 During the application to become a registered customer of VIEWSTER certain personal data (given name, surname, email address, chosen password) are requested, in order to identify you as a registered customer (hereinafter referred to as "Registration Data"). Furthermore your Payment Partner customer number is requested for the purpose of payment processing (hereinafter referred to as "Payment Data"). Registration Data and Payment Data are mandatory for the registration at VIEWSTER and accordingly for the usage of offers subject to charge (hereinafter in total referred to as "Necessary Data"). If you have declared your explicit consent during the registration the Necessary Data is passed on exclusively for the purpose of payment processing. The Necessary Data is explicitly labelled as such in the online form. Without the provision of the Necessary Data and the consent to their transmission the usage of VIEWSTER as a registered customer is not possible; however, you may utilise generally accessible, free offers of the VIEWSTER web site.

 

3.2 During the registration for VIEWSTER or for individual orders further personal data beyond the Necessary Data may be requested, in order to enabl Viewster AG the provision and possible accounting in the context of services provided by VIEWSTER as well as the optimisation and adaptation of the services according to your requirements (e.g. mobile phone number for the purpose of the so-called mobile payments, meaning the payment process via the mobile phone) (hereinafter referred to as "Supplementary Data"). Without the Supplementary Data VIEWSTER may not be able to provide entire or partial services. If you provide your mobile phone number in the context of individual orders in connection with the payment processing via the so-called mobile payment, it will be passed on to the Payment Partner exclusively for the purpose of the payment processing.

 

3.3 The Registration Data established in the context of the registration and possibly the Supplementary Data will be processed and used bViewster AG and for your identification during access to VIEWSTER, for the provision of the contractually agreed services (e.g. for the downloading and invoicing of films and TV-series), for contacting you regarding information requested by you as well as the optimisation and adaptation of the services to your requirements. The Payment Data is stored exclusively at the Payment-Partner.

 

3.4 During your next registration you can also determine, if you wish to receive the VIEWSTER newsletter and if you agree to the processing of your data for the purpose of personalised advertising. These two entries will also be stored by Viewster AG and are accessible and changeable via the personal section of your account ("My VIEWSTER") at any time.

 

4 Data Processing during the usage of services of VIEWSTER

 

4.1 In the context of the usage of services of VIEWSTER (in particular the recall of films and TV-series for the purpose of streaming or download Viewster AG may raise and process data regarding the number, duration and time of your access to the specific service (e.g. date of call, price, transaction code, used payment system, receipt of payment) (hereinafter referred to as "Usage Data").

 

4.2 Viewster AG will establish, process and use this Usage Data to enable for you the usage of services in the context of VIEWSTER and to invoice these - under transmission to the respective partner responsible for the payment processing according to Item 3.1 and/or. 3.2 -; Viewster AG will especially

 

4.2.1 Determine from which country you are utilising the services of VIEWSTER based on the IP address established during your access;

 

4.2.2 Allow you to download films and TV-series based on the established data provided during the access (especially IP address) as well as;

 

4.2.3 Invoice to you the downloading of the film or TV-series based on the required Usage Data (possibly in connection with the Necessary Data and the Payment Data);

 

4.3 Viewster AG furthermore stores the following data in anonymous form for the establishment of statistics for advertising, marketing purposes or to improve the offers in the context of VIEWSTER:

  • - Total number of executed loan processes or purchases including film titles
  • - Data transfer rates during streaming and/or download
  • - Buffering performance during streaming
  • - Utilised internet provider.

 

5 Data processing in the context of Customer Support

 

Viewster AG may demand the provision of data already raised during registration (in particular for your identification) and further personal data of you, if you as a customer approach the customer support of Viewster AG in writing, by phone or email. During such contact Viewster AG may also raise further personal data, which is necessary for the processing of an error report, information request or other requests by you. The data raised in connection with customer support is stored at Viewster AG and utilised for the processing of your request.

 

6 Information & advice, newsletter

 

6.1 If you have provided the respective consent during the registration

 

6.1.1 Viewster AG utilises your Usage Data as well as possibly certain Necessary- and Supplementary Data to inform you regarding topics and contents of interest to you and to indicate advertising in the context of VIEWSTER tailored to your interests. For this purpose information such as films accessed by you may be used to notify you of current similar films;

 

6.1.2 You receive regular email newsletters om Viewster AG in which Viewster AG informs you regarding new products in the context of VIEWSTER and possible other products of Viewster AG.

 

6.2 You may revoke the granted consents through an amendment of your settings in your personal section ("My VIEWSTER") at any time effective for the future. You will furthermore find a link for the revocation in the respective newsletters.

 

7 Usage of anonymous/pseudonymous data

 

7.1 Viewster AG is entitled to render the customer's established Usage Data anonymous or pseudonymous and establish statistics or comparable evaluations with the thus processed data. You can object to the pseudonymous usage of your data for the purpose of advertising, market research or the design of VIEWSTER tailored to suit the requirement at any time via email to info@viewster.com.

 

7.2 Viewster AG is furthermore entitled to use the anonymous and pseudonymous data for own purposes and to pass this data on to third parties.

 

8 Processing and deleting of data, disclosure

 

8.1 You may view, amend or delete the Registration Data stored about you in your personal section ("My VIEWSTER") upon entering your email address and your password. Certain services may possibly be completely or partially rendered unusable upon the deletion of the data.

 

8.2 You may furthermore request disclosure regarding the data stored to your person as well as the correction of incorrect data at any time. For this purpose please contact

The following Conditions of Use apply for the customer's usage of the VIEWSTER Video-on-Demand-Services (hereinafter referred to as "VIEWSTER").

 

IF YOU DO NOT AGREE WITH THESE CONDITIONS OF USE YOU CANNOT UTILISE VIEWSTER AS A REGISTERED CUSTOMER.

 

1 Provider of VIEWSTER and contractual partner of the customer


Provider of VIEWSTER and contractual partner of the customer is Viewster AG, Holbeinstrasse 25, 8008 Zurich, Switzerland (hereinafter referred to as "Viewster AG").


2 General, description of service

 

2.1 These Conditions of Use regulate the usage of VIEWSTER and the films, series and erotic content provided there for downloading (hereinafter referred to as "Contents").


2.2 VIEWSTER is a Video-on-Demand-Service for internet-compatible equipment (TV or mobile phone). The customer can download the Contents from VIEWSTER via his internet-compatible equipment via existing broadband internet connection and play it back. The downloading of these Contents is partially free of charge; partially it is only possible against payment of the respective remuneration (hereinafter referred to as "Contents subject to charge").

 

2.3 The customer can book Contents subject to charge according to Item 4 and utilise it according to Item 4 and 5 as follows:

 

2.3.1 The customer can book the Contents individually, meaning one film or one TV-series at an individual price (hereinafter referred to as ("individual download");

 

2.3.2 The customer can book a Contents package, meaning for example a package of 5 films or TV-series at a package price (hereinafter referred to as ("package download"); or

 

2.3.3 The customer can book a monthly subscription and replay the received Contents as often as he likes within the term (hereinafter referred to as "subscription download").

 

3 Pre-requisitions for usage and registration


3.1 Pre-requisition for the usage of VIEWSTER is an internet-compatible device, at which a VIEWSTER application is pre-installed - i.e. in its Widget-Universe, and a respective broadband internet connection. The customer has to be permanently connected with the internet while the Contents is downloaded onto the TV of the customer and/or replayed on the TV (hereinafter referred to as "streaming"). The usage of VIEWSTER requires a broadband internet connection with a data transfer rate of at least 2000 kBit/s.


3.2 In addition to the prerequisites mentioned under Item 3.1 the downloading of Contents subject to charges also requires the prior proper registration of the customer at the internet site of Viewster AG, www.viewster.tv, and the proper login at VIEWSTER.


3.3 Only natural persons above the age of 18 years are authorised to register with VIEWSTER.


3.4 For the registration the customer has to visit the internet site www.viewster.tv, click on the link "Registration" and truthfully enter the required data into the respective registration fields. The registration requires, among other, the disclosure of a residential address and the customer number, which the customer has with the Viewster AG Payment Partner. Details are regulated in the Data protection regulations for VIEWSTER. If the customer is not yet registered at the payment provider, he has to register there before he can continue with the registration at VIEWSTER.


3.5 Every registered customer receives his own VIEWSTER account and own access data for the login at VIEWSTER. The customer may terminate his VIEWSTER account via email at any time, whereby any remaining term in the context of the subscription download (see Item 4.2.3) has to be observed.


4 Execution of contract and limitation of usage, minimum term and termination at subscription download


4.1 Free Contents, individual download and package download


4.1.1 By clicking on free content or content subject to charges during the individual- or package downloads the customer makes an offer to Viewster AG for the execution of a respective contract according to the regulations of these Conditions of Use. A contract with Viewster AG is executed as soon as Viewster AG commences with the download of the Content to the customer for playback on the TV of the customer.


4.1.2 The streaming of the Contents occurs according at the following conditions:


(a) After booking the individual download the customer has 30 days, at a package download 2 years, to commence playback the booked Contents (e.g. of a film) by way of streaming. Once the replay begins the customer has 48 hours to replay the Contents. During these 48 hours the customer can view the Content, stop it and restart it, fast-forward or rewind as often as he likes. Upon the expiration of the above mentioned period of 48 hours the Content can no longer be replayed. The pausing or re-starting of Content (e.g. a film) does not extend the period available for viewing. A renewed playback is only possible with renewed booking of the Content.


(b) The Content can be replayed on up to five internet-compatible devices of the customer, however not simultaneously.


(c) In case of a package download the booked package is valid for two years, meaning upon expiration of two years from the execution of the package download contract according to the regulations under Item 4.1.1 the claim for streaming of Contents expires, even if the packages has not been completely utilised.


4.2 Subscription download


4.2.1 By clicking on a subscription offer at the internet site of Viewster AG or via the TV on VIEWSTER upon the respective correct login the customer makes an offer for the execution of a respective contract with Viewster AG according to the regulations of these Conditions of Use. A contract with Viewster AG is executed as soon as the customer receives an order confirmation from Viewster AG via email.


4.2.2 In case of a subscription download the Content included in the subscription can be replayed unlimited on up to five internet-compatible devices (however not simultaneously) during the term of the subscription.


4.2.3 The minimum contractual period of the subscription is one month. The term is subsequently extended by respectively one further month if the customer does not terminate the subscription. The termination is possible at any time in the VIEWSTER account of the customer at the end of the current month.


5 Usage rights at the streaming of Contents


5.1 Viewster AG grants the customer the non-exclusive, limited in time to the period stipulated in Item 4.1.2, non-sub-licensable right to use the Content transmitted via VIEWSTER by way of streaming exclusively on the up to 5 devices, on which the playback of the Contents has been started for private, non-commercial purposes.


5.2 The customer is not granted further usage rights. The customer is particularly not entitled to completely or partially permanently store, copy, burn or otherwise duplicate the Contents provided to him,


5.2.1 To use it commercially, e.g. through marketing/selling of produced burned DVDs or other copies or through public presentation or on-sending of Contents.


5.3 The customer is advised that violations against the above mentioned conditions instigate claims of omission and compensation. Viewster AG also reserves the explicit right to criminal prosecution of violations.


6 Obligations of the customer and violation of customer obligations


6.1 The customer has to ensure that the usage of VIEWSTER through minors occurs only with his explicit permission. Item 10 applies for the legal protection of youths regarding the Contents.


6.2 The customer is obligated to provide the (personal) data necessary for the registration and to ensure that all provided (personal) data is correct. Personal access data (such as key word/password) may not be passed on to third parties and have to be stored in a manner preventing access by third parties. For security reasons the password should be changed at regular intervals. If there is reason to suspect that an unauthorised person has gained knowledge of the access data, the customer has to inform Viewster AG of this immediately via email and change his access data immediately.


6.3 The customer is obligated to omit electronic attacks of any kind of the VIEWSTER-applications. Electronic attacks are in particular attempts to overcome, circumnavigate or render powerless in any other way the security mechanism of VIEWSTER, the deployment of computer programs for the automatic reading of data, the usage and / or spreading of viruses, worms, Trojans, brute force attacks, spam or the usage of other links, programs or procedures, which could damage the VIEWSTER-applications.


6.4 In the event of significant violations against the obligations owed by the customer as well as in case of justified suspicions for a significant violation of obligations Viewster AG is entitled to block VIEWSTER against the usage by the customer. Viewster AG informs the customer regarding the reason for the blocking via email. The blockage continues until the violation of obligation is remedied and/or the customer has convincingly demonstrated the omission of future violations of obligations.


6.5 In the event of the violation of rights against third parties committed by the customer, the customer is himself and directly liable toward these third parties. In case of justified claims by third parties due such a violation the customer is obligated to completely exempt Viewster AG unless he can prove that he is not responsible for the cause of the violation.


7 Liability of Viewster AG


7.1 The liability of Viewster AG, regardless of the legal reason, including default and illegal acts is limited or excluded as follows:


7.1.1 Viewster AG is liable for any damages only if


(a) Viewster AG has culpably (meaning at least negligently) violated an essential contractual obligation in a manner jeopardising the purpose of the contract or an obligation, the fulfilment of which would only have enabled the proper execution of these Conditions of use ("cardinal obligation"),


(b) The damage was caused through gross negligence or intent by Viewster AG or


(c) Viewster AG has provided a guarantee.


7.2 The liability of Viewster AG is limited to the typical, foreseeable damage if


(a) Viewster AG has culpably violated contractually essential obligations or cardinal obligations, but not gross negligently or intentionally or


(b) Employees or authorised persons of Viewster AG, which are not organs or executives have gross-negligently or intentionally violated other obligations.


8 Remuneration and payment conditions


8.1 The customer is liable toward Viewster AG to pay the remuneration respectively stipulated in the order process for the Contents of Viewster AG booked by way of the individual download or the package download.


8.2 In case of subscription download the customer is obligated toward Viewster AG to pay the monthly remuneration stipulated by Viewster AG at the order process for the booked subscription.


8.3 The respective remuneration is due immediately upon the execution of the contract in case of individual downloads and package downloads according to Item 4.1.1, in case of subscription downloads according to Item 4.2.1 and thereafter respectively at the beginning of the next month.


8.4 A payment obligation of the customer also exists if third parties effect downloads under usage of the customer's personal access data.


8.5 The processing of the customer's payment obligations occurs under involvement of the Viewster AG Payment Partner, meaning that the customer has to initially fulfil his payment obligations toward Viewster AG by effecting payment to the Viewster AG Payment Partner according to the stipulations of the Viewster AG Payment Partner.


8.6 The above stipulated remuneration does not include costs, which the customer incurs toward third parties through the usage of VIEWSTER; they particularly do not include the costs incurred by the customer toward his internet provider e.g. for the connection or the data transfer. The costs incurred hereby are to be borne by the customer.


9 Data protection


At the registration and usage of VIEWSTER Viewster AG establishes and processes personal data of the customer. The data processing occurs according to the regulations of the Data Protection Regulations for VIEWSTER, which form an essential component of these Conditions of Use.


10 Legal protection for youth


10.1 The customer is obligated to not support persons under the age of 18 years in gaining access to adult content. The customer particularly ensures that minors will not gain access to the personal access data of the customer. If there is cause to suspect that minors have gained access to the personal access data of the customer and/or misuse them, the customer is obligated to immediately change these access data in his VIEWSTER account.


10.2 Viewster AG reserves the right to provide offers considered harmful to the development with a limitation of broadcast times or to program the respective Contents in the context of a youth protection program recognised by VIEWSTER or to limit their access through technical or other means.


11 Amendment of these Conditions of Use


11.1 Viewster AG is entitled to amend less important conditions of these Conditions of Use at any time without nominating reasons, if these amendments do not constitute the redesign of the structure of these Conditions of use in total. Important conditions are particularly those, which concern the manner and extent of the contractually agreed services, the term and the termination.


11.2 Viewster AG is furthermore entitled to adjust or supplement these Conditions of Use, if this is necessary for the remedy of difficulties in the execution of these Conditions of Use with the customer based on regulation gaps occurring after the execution of the contract. This can particularly occur if the legislation declares one or several conditions of these Conditions of Use to be ineffective.


11.3 The amended conditions will be provided to the customer in writing or per email at least six weeks prior to their becoming valid. The amendments are deemed approved if the customer does not object to them in writing. The objection has to be received within six weeks upon the customer's receipt of the notification. Viewster AG will make particular reference to the option of objection and the significance of the six-week term in their letter of notification. If the customer exercises his right of objection, the request for alteration of the Conditions of Use is deemed rejected. These Conditions of Use will then be continued without the suggested alterations. The parties' right to the termination of these Conditions of Use remains unaffected here from.


12 Final conditions


12.1 The laws of the state, in which the customer has his registered place of abode applies for contracts between Viewster AG and the customer under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.


12.2 If individual conditions of these Conditions of Use should be or become completely or partially ineffective, the effectiveness of the remaining conditions remains unaffected. The parties are obligated to replace the void or ineffective condition with a valid and effective condition legally and economically closest to the void or ineffective condition, which they would have reasonably agreed upon if they had considered the ineffectiveness of the respective regulation at the time of execution of the contract.


12.3 If individual conditions of these Conditions of Use should be completely or partially in need of interpretation or supplementation, the interpretation or supplementation has to occur in such a manner that the content and purpose of these Conditions of Use is fulfilled as best as possible. Those regulations should apply, which the parties would have reasonably agreed upon if they had considered the need for interpretation or supplementation of the respective regulation at the time of execution of the contract.


12.4 Amendments and supplementations of these Conditions of Use require the written form to be effective. This also applies for an alteration to this requirement of the written form. Verbal or written ancillary agreements are not made.


13 Instruction regarding the non-existence of a right of revocation

The customer is not entitled to a right of revocation regarding the agreements pertaining to the individual download, package download and subscription download. The subject of the agreements is the playback of video content per streaming. It thus concerns distant-selling-agreements for the supply of items, which are not suitable for a return due to their consistency. A right of revocation does not exist for such distant-selling-agreements.

VIEWSTER AG
Muhlebachstr. 162
CH-8008 Zurich
Switzerland
Ann Joy

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