Wilmaa GmbH (hereinafter referred to as „Wilmaa“) operates an interactive internet television and web radio service on the website www.wilmaa.com. In addition to providing free use of the internet television service (hereinafter referred to as „Wilmaa Internet-TV“) and web radio (hereinafter referred to as “Wilmaa Radio”), Wilmaa also provides various other chargeable services (hereinafter referred to as „Wilmaa Premium“). Apart from the range of chargeable Wilmaa Premium services, Wilmaa also offers its users Wilmaa Video Store: this service enables customers to check out current movies from Wilmaa free of charge and view them on line (hereinafter referred to as “Wilmaa Video Store”). Wilmaa also occasionally hosts contests on www.wilmaa.com (hereinafter referred to as “Wilmaa Contests”) in which you can take part and win prizes with a little skill and luck. (Wilmaa Internet TV, Wilmaa Radio, Wilmaa Premium, Wilmaa Video Store and Wilmaa Contests are hereinafter collectively referred to as “Services”).

The following Terms of Use regulate the use of the services provided by Wilmaa.

These Terms of Use apply to all existing or future services from Wilmaa. By using our services you declare that you agree to the following Terms of Use.

To use the services provided by Wilmaa you must register with Wilmaa online. We will treat your registration data (user data) confidentially and shall always comply with the provisions of the Swiss Data Protection Act. Our Privacy Policy applies.

You can watch our TV program offerings throughout Switzerland using our Wilmaa Internet TV; our Wilmaa Radio enables you to receive all radio broadcasts offered by us via the internet.

Wilmaa reserves the right, at any time, to limit, extend or otherwise change the television and radio programming that can be received via Wilmaa. For a complete listing of the television and radio programs available via Wilmaa, go to: www.wilmaa.com.

You will find all chargeable Wilmaa Premium Services provided by Wilmaa here.
Wilmaa Premium also includes a chargeable recorder function (hereinafter referred to as „Time Machine“). Using Time Machine, you can decide when you want Wilmaa to record your favourite programmes so you can watch them in private at a time of your choosing. Time Machine records all broadcasts of all television programmes provided by Wilmaa in a 7-day window. The recordings start on the date when you register for Time Machine, so the earliest programmes you can record are those broadcast on Wilmaa Internet TV from the time of your registration. The 7-day window automatically moves on one day at the end of the first 7 days (i.e. the first day’s recordings are automatically deleted).

Our Wilmaa Video Store button enables you to access our video on demand portal (hereinafter referred to as “Video Portal”). Our Video Portal offers you a selection of the latest releases, contemporary blockbusters or immortal classics. Here you can check them out on line and watch them via streaming in the comfort of your home. After checking a movie out it is available to you to watch on line via streaming as often as you like for the next 24 hours. The movie is not downloaded to your hard disk but rather it can only be accessed on line via streaming. You pay for the movies checked out by you using credits (see section V(c) below).

By taking part in a Wilmaa contest at www.wilmaa.com you expressly agree to be bound by the following Contest Rules and Regulations.

Wilmaa hereby advises you that when taking part in a Wilmaa contest your user name may be made visible to all Wilmaa users. This means that Wilmaa may publish a ranking list of participants during an ongoing or finished contest on www.wilmaa.com or publicly announce the winner’s name (including but not limited to Wilmaa’s website). If you do not want your user name to reveal your identity you are personally responsible for selecting a pseudonym as your user name or changing your current user name before or while taking part in a Wilmaa contest. As a potential winner you also expressly agree to your full name (first and last name) being publicly disclosed by Wilmaa or one of its sponsoring partners in the winning announcement.

Contest Rules and Regulations
Participation
You cannot take part in a Wilmaa contest unless you are a registered Wilmaa user. You take part in a Wilmaa contest by signing up or registering for it at www.wilmaa.com.

Participants
Contests are open to those 18 years of age and older. Unless expressly excluded from a specific contest, minors must obtain the consent of their legal guardian. Employees of Wilmaa, their immediate families and all persons involved in the organization of a Wilmaa contest are not eligible for participation.

Game rules
Contests are conducted according to the respective game rules published by Wilmaa on its website.

Awarding of prizes
If more than one participant has entered the right solution or has obtained the same number of points or complied with the rules for winning in a Wilmaa contest, the winner will be determined by a drawing. The drawing will be conducted by Wilmaa and is final. The entitlement to a prize does not arise until the winning announcement has been made by Wilmaa either by notifying the winner directly or on line on Wilmaa’s website. In the event that the prize cannot be made available to the winner for reasons attributable to the winner, his or her entitlement to the prize shall become null and void. Consequently, the winner is personally responsible for ensuring that his or her details are correct and that Wilmaa is able to contact him or her.

Prize
The item featured as a prize in a contest is not necessarily identical to the item actually won. There may be differences with regard to the model, color etc. Wilmaa shall also be entitled to replace the item featured as a prize by an item of equal value of average kind and quality. In no event will prizes be disbursed in cash. The entitlement to a prize may not be assigned or transferred.

Miscellaneous
Participants shall not receive any remuneration or reimbursement of expenses for taking part in a Wilmaa contest or for any actions engaged in or materials submitted for the contest. Any participant that resorts to illicit means or who otherwise conducts him- or herself in an improper or unfair manner may be finally and irrevocably barred from participation in a Wilmaa contest at any time at Wilmaa’s absolute discretion.

At the time of registration, you are obliged to provide correct and truthful information (user data) and to update this in the event of any changes. You can only open one user account. You are not permitted to give third parties access to your account or to your registration data. You are responsible for keeping your user data secret and for protecting it from third-party access. If you suspect unauthorised use of your user data, you must immediately inform our customer services department (kontakt@wilmaa.com). In the event of the misuse of your user data, either by yourself or a third party, Wilmaa reserves the right to immediately block and, if necessary, cancel your account.

You may only use the services for your own private use. In particular, you are not permitted to give third parties access to the services in your name, to show the services publicly (e.g. in cinemas, theatres, at festivals, events, in bars or other public areas) or to give third parties access to the services/their content by technical means (e.g. your own website or by e-mail). Swiss copyright law only allows private use. Other types of non-private use infringe third-party rights, particularly copyrights.

Due to our geo-localised measures (geoblocking), the services are only available in Switzerland. You hereby agree to use our services in Switzerland only and agree not to bypass technical barriers, such as geoblocking.

Certain content included in the services may be reserved for persons over the age of 18. By using the services, you shall ensure that no minors are able to access content or data which is unsuitable for them. You have sole responsibility for the people in your environment or in your care and shall take all necessary and appropriate measures to prevent access by minors to unsuitable content. You are also responsible for ensuring that your user data cannot be used by minors without authorisation or without your knowledge. You can only register for the chargeable Wilmaa Premium service if you are over the age of 18.

By using the services, you undertake not to make any changes to the Wilmaa Software or to bypass Wilmaa’s technical barriers or encoding. The software developed by Wilmaa and the total content of the Wilmaa website is protected by copyright and belongs either to Wilmaa itself or to third parties and may not be copied, processed, distributed or changed in any other way without the agreement of Wilmaa or the third party. This also applies to the word design and/or acoustic marks and logos on the Wilmaa website.

You are responsible for ensuring that third-party rights are not infringed by actions carried out on your computer. In particular, you shall not distribute any defamatory, offensive or illicit material; you shall not harass or threaten other users or infringe third-party rights (including personality rights and copyrights) and you shall not make any changes to the system which may cause damage to the software (computer viruses). You shall refrain from any illegal or unauthorised use and from any actions which damage or could damage third-party property or which bypass, disrupt or in any other way hinder or adversely affect the functionality or use of the services.

In cases of unauthorised use, Wilmaa has the right to terminate your contract with immediate effect and without refunding any costs and to refuse to allow you to continue to use the services.

We in no way guarantee that you will have perfect reception of our services, particularly as this greatly depends on your computer and your internet connection. In particular, you must ensure that your computer is adequately protected so that unauthorised third parties cannot access your computer or your system using technical attacks and spread viruses, spyware or other damaging programs – including with the assistance of Wilmaa software or the Wilmaa website.

In particular, you should be aware that the use of the internet is associated with costs. You shall pay the costs incurred by using the services, such as for the internet connection, for electricity, etc.

You can watch and listen to the television and radio programmes available on Wilmaa free of charge at any time. However, we reserve the right to only provide our service at a charge. If a charge is introduced for Wilmaa Internet TV and/or Wilmaa Radio, we will inform you of this in advance and give you sufficient time to decide whether you wish to continue to use our service.

Wilmaa Premium is subject to a charge. You can see the applicable charges for Wilmaa Premium here.

If you decide on Wilmaa Premium, you will pay the applicable fees as a one-off charge at the time of registration.

If collecting societies (especially Suissimage) increase their rates charged to Wilmaa, Wilmaa reserves the right to adjust the Wilmaa Premium services completely or partly in line with these rate changes and to reduce the storage capacity accordingly or to make other appropriate changes to the Wilmaa Premium service. Wilmaa will give you 30 days’ notice of these adjustments by e-mail. These adjustments do not entitle you to terminate the Wilmaa Premium service prematurely.

If Wilmaa significantly restricts the agreed scope of services for other reasons (e.g. a reduction in storage capacity of more than 50%), you have the right to terminate the Wilmaa Premium service prematurely. In this case, you have the right to a pro-rata refund of fees already paid for services which have not yet been used.

The movies on the Video Portal are subject to a fee. On the Video Portal you can see how many credits the movie selected by you costs. You can select from among the following attractive credit packages: Packages

To acquire or purchase credits, you must register as a Wilmaa user (see section II. above). Your credits will be credited to the account set up for you. The maximum balance of your credit account is limited to 1,200 credits (equivalent to CHF 300.00). By logging in (using your user data) you can query the current credit balance of your account at any time.

You can pay for credits in advance via credit card or bank transfer. Wilmaa warrants that it will treat your payment data confidentially.

If it is not possible for technical reasons attributable to Wilmaa for you to watch the movie checked out by you, please contact us immediately: we will refund you your credits.

The credit balance in your credit account cannot be converted to cash. You can redeem the credits purchased by you in Wilmaa’s Video Portal.

You will receive two types of advertising via Wilmaa:

Firstly, you will receive the commercials broadcast by the TV and radio channels before/after or during the programmes. Wilmaa is neither responsible nor liable for the content of these advertisements and is unable to influence them.

Secondly, you will receive advertisements broadcast by Wilmaa. You will see advertisements when you access the Wilmaa website and each time you switch to a different channel. In addition, Wilmaa may also display other types of advertisements, such as online-display advertisements, spot advertisements, interactive sponsorship backgrounds, etc. Wilmaa does not accept any responsibility or liability for the content of the advertisements or for compliance with the applicable statutory provisions.

Where legally permissible, Wilmaa rejects any liability in association with the services (including premature termination of the services). In particular, all liability is excluded for indirect damage or consequential damage, e.g. from the loss of data, interruption of services, computer damage, network interruptions, which may result from using the services as well as any liability for loss of earnings or for any other non-material damage (including infringements of privacy).

No liability for the proper functioning of the services: Wilmaa at no time guarantees the proper functioning of its services and does not accept any liability for damage resulting from an interruption to its services.

No liability for the content broadcast in the services: Wilmaa does not accept any liability for the content of TV and radio programs. In particular, Wilmaa does not accept any liability for the content or the advertisements broadcast on Wilmaa being correct, truthful, legal or complete and does not accept any liability in the event that they infringe third-party rights. Wilmaa does not accept any liability for products, content or applications shown by third parties on Wilmaa’s website (around the television window).

You shall hereby expressly indemnify Wilmaa against any claims made by third parties which are made against Wilmaa due to infringements you have caused. In such cases, Wilmaa has the right to terminate your contract with immediate effect without refunding any costs.

You have the right to use Wilmaa Internet TV and Wilmaa Radio from the time of your registration and you have the right to stop using Wilmaa Internet TV and Wilmaa Radio at any time. If you stop using the service, you are not obliged to inform Wilmaa. However, Wilmaa reserves the right to cancel your user account without notice if the services are not used for an extended length of time.

In the event that Wilmaa should discontinue operation of the Video Portal, Wilmaa will reimburse your current credit balance in cash, however this applies to credit values over CHF 50.00 only. In the event that your credit balance drops below CHF 50.00, Wilmaa will convert your credit balance into credit for other Wilmaa Services.

If you have registered to use Wilmaa Premium, you cannot terminate Wilmaa Premium before expiry of the agreed period of use you have chosen. Furthermore, the fees for Wilmaa Premium will not be refunded to you if you no longer use Wilmaa Premium during the period of use already paid for.

Wilmaa has the right to terminate its services or parts thereof at any time without prior notice and without giving any reasons. In this case, you have no right to compensation with the exception of the pro-rata refund of fees already paid for the terminated service. In this case, you will receive a refund of the fees paid for services which can no longer be used.

Wilmaa can, at any time, assign or transfer all rights and obligations resulting from these Terms of Use, including the provision of the Wilmaa services or parts thereof without your agreement.

Wilmaa reserves the right to update (add to or change) these Terms of Use at any time without prior notice. The latest legally binding version of the Terms of Use can be seen by clicking on the hypertext link “Terms of Use” at the bottom of our website and this is applicable from its date of publication.

It is your sole responsibility to regularly consult the Terms of Use and to note and comply with any additions or changes.

If one or more provisions in these Terms of Use should be completely or partially invalid or unenforceable, this shall not affect the validity and enforceability of the other provisions. The invalid or unenforceable provision shall, in this case, be replaced by a valid and enforceable provision which comes as close as possible to the commercial purpose of the provision to be replaced. The same applies if these Terms of Use contain a regulatory gap.

Only Swiss law is applicable to the legal relationship between you and us to the exclusion of the terms of private international law. The exclusive place of jurisdiction is Zurich. Mandatory places of jurisdiction may apply.