Terms of Service (TOS) for Viscenda

(Last Updated: Mo. 17. Nov. 2025)

1. Acceptance of Terms

By accessing and using the Viscenda website, located at https://viscenda.com (the “Website”),
you agree to be bound by these Terms of Service (“TOS”) and all applicable Swiss federal and
cantonal laws and regulations. If you do not agree with any of these terms, you are prohibited
from using or accessing this site. These TOS apply to all visitors, users, and others who wish to
access or use the Website.

2. Viscenda’s Non-Profit Status and Mission

Viscenda is a registered non-profit film production association (Verein) based in Olten,
Solothurn, Switzerland. Our mission is dedicated to Give everyone a chance, to proove
themselves in the Film buisness / Industry. All funding, including donations, payments, and
sponsorships received through the
Website, directly supports this non-profit mission.

3. Intellectual Property Rights

The Website, and its original content (including films, trailers, scripts, graphic design, and all
related materials), features, and functionality are and will remain the exclusive property of
Viscenda and its licensors. The Website is protected by copyright, trademark, and other laws of
Switzerland and foreign countries. Any unauthorized reproduction, redistribution, transmission,
or exploitation of the films or content is strictly prohibited.

4. Payments, Donations, and Contributions

A. Donations and Membership Fees
Viscenda accepts voluntary donations and, where applicable, membership fees to support its
film production mission.Donations are generally non-refundable. Membership fees are
governed by the association’s statutes (Statuten). Details regarding membership rights, fees,
and refund policies will be provided upon application.

B. Paid Services/Merchandise
If Viscenda offers merchandise, film screening tickets, or specific paid production services for
sale, specific terms related to pricing, payment, delivery, and refunds will be detailed at the point
of sale.

C. Payment Processing
Payments for services, memberships, or merchandise are processed securely via
WooCommerce, which may integrate with third-party payment gateways such as Stripe, PayPal,
or Swiss PostFinance.

By making a payment, you agree to the terms and conditions of the respective payment
provider. Viscenda does not store or process your payment details directly.

All transactions are encrypted and handled in accordance with applicable data protection laws,
including the Swiss FADP and EU GDPR.

Viscenda is not liable for any data breaches, service disruptions, or unauthorized access
resulting from vulnerabilities or failures in these third-party processors. Users acknowledge
that their interactions with such services are governed by the respective provider’s terms
and privacy policies.

5. Sponsorships and Partnerships

Viscenda may feature corporate, institutional, or private sponsors or partners on the Website to
help fund specific projects or the general association activities.
Editorial Independence: Viscenda maintains full creative and editorial control over its film
production, content, and the Website, regardless of sponsorship.
The appearance of a sponsor logo or promotional material does not constitute an endorsement
by Viscenda of that entity’s products or services.
Sponsorship agreements are governed by separate, specific written contracts (Verträge)
between Viscenda and the respective sponsor.

6. Advertisements, Cookies, and Tracking Technologies

A. Advertisements
The Website may display third-party advertisements or promotional content, potentially including
those related to our sponsors or through third-party ad networks. Viscenda is not responsible for
the content, accuracy, or legality of any external advertisements.

B. Use of Cookies and Tracking
The Website uses cookies and similar tracking technologies (e.g., pixels, web beacons, browser
fingerprinting) to:
   • Functionality: Ensure the technical operation of the Website (e.g., login, language settings).
   • Analytics: Collect statistical data on Website usage to improve services.
   • Advertising and Personalization: Serve relevant ads, track campaign effectiveness, and
     tailor content to user interests.

Cookies are categorized as:
   • Essential cookies: Required for core website functionality. These do not require user
     consent.
   • Non-essential cookies: Used for analytics, personalization, and marketing. These require
     prior, explicit user consent.

C. User Consent and Privacy
Upon entering the Website, users are presented with a cookie consent banner that complies
with the Swiss Federal Act on Data Protection (FADP) and the EU General Data Protection
Regulation (GDPR). This banner:
   • Informs users about the types and purposes of cookies used.
   • Allows users to opt-in to non-essential cookies.
   • Provides granular control over cookie preferences.
   • Enables users to withdraw consent at any time.

Essential cookies are activated automatically, while non-essential cookies are only set after the
user has given informed consent. Refusing non-essential cookies may limit certain features but
will not prevent access to the Website.
For full details, including how cookies are managed and your rights under Swiss and EU law,
please refer to our Privacy Policy and Cookie Policy

7. Film Content and Licensing

All films and media produced or owned by Viscenda are protected by copyright. Any grants of
viewing access on the Website do not constitute a transfer of any copyright or commercial license.
Any unauthorized public screening, reproduction, or distribution of Viscenda’s films is a
violation of copyright law and will be prosecuted under Swiss law.

8. Disclaimer of Warranties

The Website is provided on an “AS IS” and “AS AVAILABLE” basis. Viscenda makes no
representations or warranties of any kind, express or implied, as to the operation of the Website
or the information, content, or materials included on this site.

9. Limitation of Liability

Viscenda, including its board members (Vorstand), volunteers, employees, and agents, shall not
be liable for any indirect, incidental, special, consequential, or punitive damages, including loss
of profits or data, resulting from: (i) your access to or use of the Website; or (ii) any content
obtained from the Website, except in cases of gross negligence or willful misconduct (grober
Fahrlässigkeit oder Absicht) as defined under Swiss law.

10. Account Creation and Responsibilities

Users may create an account to access certain features. You are responsible for maintaining
the confidentiality of your login credentials and for all activities that occur under your account.

We collect and process personal data provided during account creation in accordance with
our Privacy Policy

We implement appropriate technical and organizational measures to safeguard your personal
data against unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in
unauthorized activity.

Authentication cookies are used to maintain your login session and ensure secure access to
your account.

Please note that account creation may be restricted for certain individuals, as some sections
of the website are reserved for members only.

11. Third-Party Services and Liabilit

Viscenda may use third-party services to operate and enhance the website,
including but not limited to email delivery platforms, analytics providers,
hosting services, and content management tools. While we select
reputable providers and implement appropriate safeguards, we are not responsible
for any data breaches, service disruptions, or unauthorized access resulting from
vulnerabilities or failures in these external systems.

Users acknowledge that their interactions with such services are governed by the
respective provider’s terms and privacy policies. Viscenda disclaims liability for damages arising
from third-party failures, except where required by applicable law.

12. Governing Law and Jurisdiction

These TOS shall be governed by and construed in accordance with the substantive laws of
Switzerland, without regard to its conflict of law provisions. The exclusive place of jurisdiction
(Gerichtsstand) for any and all disputes arising out of or in connection with these TOS and the
use of the Website shall be the competent courts in Olten, Canton of Solothurn, Switzerland.

13. Changes to Terms of Service

Viscenda reserves the right to modify or replace these TOS at any time. We will indicate the
date of the last update at the top of this document. By continuing to access or use the Website
after any revisions become effective, you agree to be bound by the revised terms.

14. Contact Information

If you have any questions about these Terms of Service, please contact the association’s legal
representative at:

Viscenda Film Production Association
contact@viscenda.com
Erfinderstrasse 1
4600 Olten