Conditions d'utilisation pour les productions

Draft, version 2026-10. This text will be reviewed and replaced by a lawyer before launch. The German version prevails.

1. What this is about

Filmium GmbH ("Filmium") operates the video shop QINOQ. In the studio, productions prepare and publish their films and manage prices, team and statements. These terms govern the use of the studio. The distribution of films is governed by the licence agreement, which the production confirms when it first publishes; each film also needs a rights declaration.

"Production" in these terms means the company or person for whom a studio account exists: a production company, a distributor or a filmmaker distributing their own work. It is Filmium's contracting party. Anyone who works in the studio on its behalf is a "team member". Until festivals have terms of their own, these terms apply to them accordingly.

Whoever applies accepts these terms on behalf of the production and confirms they may represent it. Each team member accepts them personally when accepting an invitation. The rules on access (section 3) and confidentiality (section 10) bind team members personally; all other obligations are the production's.

2. Admission

Filmium decides on every application and may ask for proof, such as membership of an association, a Vimeo channel or a filmography. There is no right to admission.

3. Studio account and team

• The production decides who has which role in the studio (owner, admin, editor, finance, statistics) and is responsible for what its team does.
• Owners and admins sign in with a second factor. Access is personal. The production reports any misuse to Filmium immediately.
• Only those who represent the production (owner or admin) confirm contracts and rights declarations.
• Whoever accepts an invitation to the team accepts these terms personally; QINOQ records the time and the version.

4. Content

• The production only uploads films, subtitles, images and texts it may use on QINOQ, and keeps its information accurate, in particular age ratings, countries and credits.
• Unlawful content is not allowed, in particular content that infringes the rights of others, incites violence or hatred or endangers minors, nor is pornography.
• Filmium stores the content, converts it for playback and keeps the original files.
• The production may prepare as many films as its account covers: as many as its tier of the annual minimum covers (five with no film in the shop; licence agreement, section 5), plus three drafts; published and withdrawn films count. Drafts beyond that which are never published are announced by email after two weeks, reminded after a month and deleted no earlier than 60 days after they were created and no earlier than two weeks after the reminder. The oldest drafts go first; drafts that viewers already have and films moved from Vimeo On Demand are never deleted.

5. Review, withdrawal, suspension

• Filmium does not review films before publication, but looks at them afterwards and follows up on reports.
• Filmium may take a film off sale, or suspend the production's studio account or a team member's access, if there are indications of unlawful content, false information or a breach of these terms or the licence agreement. Filmium tells the production the reason, the content concerned and how to object, and decides on an objection within a reasonable time.
• Buyers keep their films as far as legally possible.

6. Vimeo

• If the production connects its Vimeo account, it allows Filmium to read its On Demand pages, videos, files, subtitles and promo codes and to import them as films. Filmium only reads and changes nothing on Vimeo. The connection can be removed at any time.
• The import depends on Vimeo's interface, which Vimeo can change or switch off at any time, at the latest when Vimeo On Demand ends on 20 November 2026. Filmium adapts QINOQ where possible but cannot guarantee that everything can be imported. Whatever Vimeo no longer provides gives rise to no claims against Filmium.
• Anyone who bought or rented a film of the production on Vimeo On Demand and proves it gets the film on QINOQ without paying again; this generates no revenue. Purchases confirmed with the buyer's own Vimeo account count without further review; purchases reported by hand are reviewed by the production in the studio.

7. Viewer data

• The production sees figures without names. It only receives personal data in two cases: details of a Vimeo purchase reported by hand, and the addresses of people who follow it and want news.
• The production uses details of Vimeo purchases only to verify the purchase and deletes them afterwards.
• The production uses fans' addresses only for news about its own films, with an unsubscribe link in every email, and acts on unsubscribes and deletion requests immediately. For this data, the production is itself the controller under data protection law.

8. Fees

The studio is free until the first publication. What a publication costs, how the annual minimum works as a credit, how statements and payouts work and how fees may change is set out in the licence agreement (sections 4 to 6 and 11). The page qinoq.com/en/filmmakers explains the same in brief; the licence agreement prevails.

9. Availability

Filmium strives for uninterrupted operation but does not guarantee it. Filmium announces maintenance where possible.

10. Confidentiality

Both parties treat the other's non-public information as confidential, such as sales figures, terms and unpublished films.

11. End

• The production can close its studio account at any time; it first takes its films off the shop. Filmium can terminate with 60 days' notice, or immediately in case of serious breaches. What happens to a paid annual minimum and to credit from sales is set out in the licence agreement (sections 5 and 12).
• Purchased films remain available to buyers under the licence agreement. Filmium deletes other data according to the periods in the privacy policy.
• Kept even after the end: confirmations of the licence agreement and rights declarations, statements and credit notes (ten years) and the log of security-relevant actions, without personal data where possible.

12. Liability

Filmium is liable only for intent and gross negligence, as far as the law permits. The production is liable for its content and information and indemnifies Filmium against third-party claims based on them.

13. Changes

Filmium may change these terms. Minor changes without new obligations take effect after notice by email. Filmium announces material changes at least 30 days in advance by email and in the studio; if the production does not agree, it can terminate before then. A change does not affect films already sold or periods already settled.

14. Deviating arrangements

Deviations from these terms apply only if Filmium's management confirms them in writing; an email is sufficient.

15. Law and jurisdiction

Swiss law applies. The place of jurisdiction is Bern.