Terms of Service
We (the folks at Weathergram, Inc.) run a community platform called Switchboard and would love for you to use it. If you are using Switchboard it is because you are either crowdfunding the platform yourself (yay!), or your home institution is the patron of your community. In agreeing to these terms of service you vouch that you are affiliated with the community based on the category you selected on signup or that you indeed have some true connection to the community. Our service is designed to give you as much control and ownership over what goes on your Switchboard as possible and encourage you to post asks, offers, and successes. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear anywhere in the content you post, share, or link to (things like spam, viruses, or hate content).
If you find a Switchboard or Switchboard post that you believe violates our terms of service, please flag it and a moderator will review the content.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Weathergram, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Accounts and Website Content
Your Switchboard Account and Content. If you create an account on the Website, you are solely responsible for maintaining the security of your account and Content, and for all activities that occur under the account, and any other actions taken in connection with the account or Content posted using the account. If you create Content (posts, comments, responses, successes, your personal profile, etc.) on the Website, you are solely responsible for that Content. You must not describe or assign keywords to your Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Weathergram may change or remove any description or keyword that it considers inappropriate or unlawful, or is otherwise likely to cause Weathergram liability. You must immediately notify Weathergram of any unauthorized uses of your Switchboard, your account or any other breaches of security. Notwithstanding the foregoing sentence, you remain solely responsible for actions taken and Content posted via your account, even if your account information was compromised. Weathergram will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors and Creators. If you create a Switchboard, create posts, comment on posts, create a profile, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) text, graphics, an audio file, computer software, or other material available by means of the Website (any such material is referred to in this Agreement as "Content"), you are entirely responsible for the representations, offers, information, and anything else related to that Content. You are solely responsible for any harm that is caused as a result of your decision to post Content. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other Switchboards and web sites, and similar unsolicited promotional methods; and
your Content is not named in a manner that misleads your readers into thinking that you are another person, company, or organization. For example, your Switchboard URL or name is not the name of a person other than yourself or the name of a company or organization other than one that are affiliated with.
By submitting Content to Weathergram for inclusion on the Website, you grant Weathergram a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Switchboard. If you delete Content, Weathergram will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Weathergram has the right (though not the obligation) to, in Weathergram's sole discretion (i) refuse or remove any content that, in Weathergram's reasonable opinion, violates any Weathergram policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Weathergram's sole discretion. Weathergram will have no obligation to provide a refund of any amounts previously paid.
Termination. Weathergram may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Switchboard.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Copyright Infringement and DMCA Policy. As Weathergram asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.switchboardhq.com violates your copyright, you are encouraged to notify Weathergram in accordance with the Digital Millennium Copyright Act ("DMCA") Policy. Weathergram will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Weathergram will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Weathergram or others.
Payment and Renewal
General Terms. Optional paid services such as extra storage, or domain purchases are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Weathergram the monthly or annual subscription fees indicated for that service. Payments will be charged to the credit card that you provide.
Automatic Renewal. Unless you notify Weathergram before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site's dashboard.
Enterprise Hosting & Support Services, VIP Support Services. Enterprise Hosting and Support, as well as VIP Support services are provided by Weathergram under the terms and conditions for each such service, which are located at www.switchboardhq.com. Enterprise and VIP subscribers must review and execute a separate subscription agreement. By signing up for Enterprise Hosting or Support, or VIP Support services, you agree to abide by the terms and conditions as posted on the Website and as described in the subscription agreement. To learn more about Enterprise services, contact us at firstname.lastname@example.org.
Sponsorship Opportunities. Switchboard communities may offer sponsored placement for posts, sponsor acknowledgment areas, or other sponsored content opportunities ("Sponsorship Opportunities"). If you wish to participate in a Sponsorship Opportunity, the terms and conditions of each opportunity will be outlined in more detail within the listings for such opportunities. Communities may set limits on the type, number, and price of Sponsorship Opportunities they offer, or may not offer any at all. Payment for any Sponsorship Opportunity will be collected upon your completion of the configuration and checkout process for a given Sponsorship Opportunity. Such payments are non-refundable. [Users with administrative rights to a particular Switchboard may learn more about Sponsorship Opportunities by logging in to the administration area.]
Website Users and Visitors
Responsibility of Website Visitors. Weathergram has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Weathergram does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Weathergram disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Switchboard links, and that link to Switchboard. Weathergram does not have any control over those non-Switchboard websites and webpages, and is not responsible for their contents or their use. By linking to a non-Switchboard website or webpage, Weathergram does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Weathergram disclaims any responsibility for any harm resulting from your use of non-Switchboard websites and webpages.
Warranties, Indemnification, and Limitation of Liability
Disclaimer of Warranties.The Website is provided "as is." Weathergram and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Weathergram nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Neither the named institution nor any of its agents, employees, and sub-contractors, including Weathergram, shall be liable for claims, losses, demands or damages (whether such claims, loss, demands or damages were foreseeable, known, or otherwise) arising out of or in connection with the use of the Website or information, content, or materials included on the Website.
Limitation of Liability. In no event will Weathergram, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Weathergram under this agreement during the twelve (12) month period prior to the cause of action. Weathergram shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by ap
Indemnification. You agree to indemnify and hold harmless Weathergram, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Intellectual Property. This Agreement does not transfer from Weathergram to you any Weathergram or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Weathergram. Weathergram, Switchboard, Switchboardhq.com, the Switchboardhq.com logo, and all other trademarks, service marks, graphics and logos used in connection with Switchboardhq.com, or the Website are trademarks or registered trademarks of Weathergram or Weathergram's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Weathergram or third-party trademarks.
Advertisements. Weathergram reserves the right to display advertisements on your Switchboard unless you have purchased an Ad-free Upgrade or an Enterprise Services account.
Attribution. Weathergram reserves the right to display attribution links such as ‘Switchboard at Switchboardhq.com,' theme author, and font attribution in your Switchboard footer or toolbar. Footer credits and the Switchboard.com toolbar may not be altered or removed regardless of upgrades purchased.
Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Rights and Responsibilities.
Changes. Weathergram reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Weathergram may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Weathergram and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Weathergram, or by the posting by Weathergram of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Portland, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Weathergram may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last amended October, 2016 Weathergram, Inc
Switchboard Privacy Statement
Effective Date: May 25, 2018
Thank you for trusting Switchboard with your asks, your offers, and your personal information. We take protecting your privacy seriously.
The short version
We collect your information only with your consent; we only collect the minimum amount of personal information that is necessary to fulfill the purpose of your interaction with us; we don't sell it to third parties; and we only use it as this Privacy Statement describes.
What information Switchboard collects and why
Information from website browsers
If you're just browsing the website, we collect the same basic information that most websites collect. We use common internet technologies, such as cookies and web server logs. This is stuff we collect from everybody, whether they have an account or not.
The information we collect about all visitors to our website includes the visitor's browser type, language preference, referring site, additional websites requested, and the date and time of each visitor request. We also collect potentially personally-identifying information like Internet Protocol (IP) addresses.
Information from users with accounts
If you create an account, we require some basic information at the time of account creation. You will create your own password, and we will ask you for a valid email address. You also have the option to give us more information if you want to, and this may include "User Personal Information."
"User Personal Information" is any information about one of our users which could, alone or together with other information, personally identify him or her. Information such as your real name, password, an email address, and a photograph are examples of "User Personal Information."
User Personal Information does not include aggregated, non-personally identifying information. We may use aggregated, non-personally identifying information to operate, improve, and optimize our website and service.
Why do we collect this?
We need your User Personal Information to create your account, and to provide the services you request.
We use your User Personal Information, specifically your email address, to identify you on Switchboard.
We use it to fill out your profile and share that profile with other users if you ask us to.
We will use your email address to communicate with you, if you've said that's okay, and only for the reasons you've said that's okay. Please see our section on email communication for more information.
We limit our use of your User Personal Information to the purposes listed in this Privacy Statement. If we need to use your User Personal Information for other purposes, we will ask your permission first. You can always see what information we have, how we're using it, and what permissions you have given us in your user profile.
What information Switchboard does not collect
We do not intentionally collect sensitive personal information, such as social security numbers, genetic data, health information, or religious information. Although Switchboard does not request or intentionally collect any sensitive personal information, we realize that you might share this information on Switchboard, such as in an ask, offer, message, or comment. If you store any sensitive personal information on our servers, you are consenting to our storage of that information on our servers, which are in the United States.
We do not intentionally collect information that is stored in your posts, comments, or messages. Information in your posts, comments, messages, and stories belongs to you, and you are responsible for it, as well as for making sure that your content complies with our Terms of Service. Switchboard employees do not access private messages unless required to for security or maintenance, or for support reasons, with your consent.
If your community's Switchboard is public, anyone (including us) may view your posts, comments, and stories. If you have included private or sensitive information in your posts, comments, or stories, such as email addresses, that information may be indexed by search engines or used by third parties. These are also indexed in our search and may be searchable within your community's Switchboard.
If you're a child under the age of 13, you may not have an account on Switchboard. Switchboard does not knowingly collect information from or direct any of our content specifically to children under 13. If we learn or have reason to suspect that you are a user who is under the age of 13, we will unfortunately have to close your account. Please see our Terms of Service for information about account termination.
How we share the information we collect
We do share User Personal Information with your permission, so we can perform services you have requested or communicate on your behalf. For example, you may opt-in to sharing your email address with your community's stewards.
We do not share, sell, rent, or trade User Personal Information with third parties for their commercial purposes.
We do not host advertising on Switchboard.
We do not disclose User Personal Information outside Switchboard, except in the situations listed in this section or in the section below on Compelled Disclosure.
We do share aggregated, non-personally identifying information with third parties. For example, we share the number of hearts on a post, or in the event of a security incident, we may share the number of times a particular file was accessed.
We do share User Personal Information with a limited number of third party vendors who process it on our behalf to provide or improve our service, and who have agreed to privacy restrictions similar to our own Privacy Statement by signing data protection agreements. Our vendors perform services such as payment processing, customer support ticketing, network data transmission, and other similar services. If you would like to know who our third party vendors are, please see our page on Subprocessors.
We may share User Personal Information if we are involved in a merger, sale, or acquisition. If any such change of ownership happens, we will ensure that it is under terms that preserve the confidentiality of User Personal Information, and we will notify you on our website or by email before any transfer of your User Personal Information. The organization receiving any User Personal Information will have to honor any promises we have made in our Privacy Statement or in our Terms of Service.
Public Information on Switchboard
If your commmunity is a publicly accessible Switchboard, your content is public-facing, and third parties may access and use it in compliance with our Terms of Service. We do not sell that content; it is yours.
A cookie is a small piece of text that our web server stores on your computer or mobile device, which your browser sends to us when you return to our site. Cookies do not necessarily identify you if you are merely visiting Switchboard; however, a cookie may store a unique identifier for each logged in user. The cookies Switchboard sets are essential for the operation of the website, or are used for performance or functionality. By using our website, you agree that we can place these types of cookies on your computer or device. If you disable your browser or device's ability to accept cookies, you will not be able to log in or use Switchboard's services.
We use Google Analytics as a third party tracking service, but we don't use it to track you individually or collect your User Personal Information. We use Google Analytics to collect information about how our website performs and how our users, in general, navigate through and use Switchboard. This helps us evaluate our users' use of Switchboard; compile statistical reports on activity; and improve our content and website performance.
Google Analytics gathers certain simple, non-personally identifying information over time, such as your IP address, browser type, internet service provider, referring and exit pages, time stamp, and similar data about your use of Switchboard. We do not link this information to any of your personal information such as your user name.
Switchboard will not, nor will we allow any third party to, use the Google Analytics tool to track our users individually; collect any User Personal Information other than IP address; or correlate your IP address with your identity. Google provides further information about its own privacy practices and offers a browser add-on to opt out of Google Analytics tracking.
Certain pages on our site may set other third party cookies. For example, we may embed content, such as videos, from another site that sets a cookie. While we try to minimize these third party cookies, we can't always control what cookies this third party content sets.
"Do Not Track" is a privacy preference you can set in your browser if you do not want online services to collect and share certain kinds of information about your online activity from third party tracking services. We do not track your online browsing activity on other online services over time and we do not permit third-party services to track your activity on our site beyond our basic Google Analytics tracking, which you may opt out of here. Because we do not share this kind of data with third party services or permit this kind of third party data collection on Switchboard for any of our users, and we do not track our users on third-party websites ourselves, we do not need to respond differently to an individual browser's Do Not Track setting.
If you are interested in turning on your browser's privacy and Do Not Track settings, the Do Not Track website has browser-specific instructions.
Please see our section on email communication to learn about our use of pixel tags in marketing emails.
How Switchboard secures your information
Switchboard takes all measures reasonably necessary to protect User Personal Information from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of User Personal Information. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
No method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
Switchboard's global privacy practices
Information that we collect will be stored and processed in the United States in accordance with this Privacy Statement. However, we understand that we have users from different countries and regions with different privacy expectations, and we try to meet those needs.
We provide the same standard of privacy protection to all our users around the world, regardless of their country of origin or location, and we are proud of the levels of notice, choice, accountability, security, data integrity, access, and recourse we provide.
Switchboard provides clear methods of unambiguous, informed consent at the time of data collection, when we do collect your personal data.
We collect only the minimum amount of personal data necessary, unless you choose to provide more. We encourage you to only give us the amount of data you are comfortable sharing.
We offer you simple methods of accessing, correcting, or deleting the data we have collected.
We provide our users notice, choice, accountability, security, and access, and we limit the purpose for processing. We also provide our users a method of recourse and enforcement.
If you have concerns about the way Switchboard is handling your User Personal Information, please let us know immediately. We want to help. You may contact us by filling out the Privacy contact form. You may also email us directly at email@example.com with the subject line "Privacy Concerns." We will respond within 45 days at the latest.
How we respond to compelled disclosure
Switchboard may disclose personally-identifying information or other information we collect about you to law enforcement in response to a valid subpoena, court order, warrant, or similar government order, or when we believe in good faith that disclosure is reasonably necessary to protect our property or rights, or those of third parties or the public at large.
In complying with court orders and similar legal processes, Switchboard strives for transparency. When permitted, we will make a reasonable effort to notify users of any disclosure of their information, unless we are prohibited by law or court order from doing so, or in rare, exigent circumstances.
How you can access and control the information we collect
If you're already a Switchboard user, you may access, update, alter, or delete your basic user profile information by editing your user profile or contacting Switchboard Support.
Data Retention and Deletion
Switchboard will retain User Personal Information for as long as your account is active or as needed to provide you services.
We may retain certain User Personal Information indefinitely, unless you delete it or request its deletion. For example, we don't automatically delete inactive user accounts, so unless you choose to delete your account, we will retain your account information indefinitely.
If you would like to cancel your account or delete your User Personal Information, you may do so in your user profile. We will immediately delete all of your information if you chose to delete your account.
How we communicate with you
We will use your email address to communicate with you, if you've said that's okay, and only for the reasons you've said that's okay. You have a lot of control over how your email address is used and shared on and through Switchboard. You may manage your communication preferences in your settings.
Depending on your email settings, Switchboard may occasionally send notification emails about new posts, new comments, new messages, new features, requests for feedback, important policy changes, or offer customer support. We also send marketing emails, but only with your consent. There's an unsubscribe link located at the bottom of each of the emails we send you.
Our emails might contain a pixel tag, which is a small, clear image that can tell us whether or not you have opened an email and what your IP address is. We use this pixel tag to make our email more effective for you and to make sure we're not sending you unwanted email. If you prefer not to receive pixel tags, please opt out of marketing emails.
Changes to our Privacy Statement
Although most changes are likely to be minor, Switchboard may change our Privacy Statement from time to time. We will provide notification to Users of material changes to this Privacy Statement through our Website at least 30 days prior to the change taking effect by posting a notice on our home page or sending email to the email address specified in your Switchboard account. For changes to this Privacy Statement that do not affect your rights, we encourage visitors to check this page frequently.
This Privacy Statement is licensed under this Creative Commons Zero license.
Questions regarding Switchboard's Privacy Statement or information practices should be directed to firstname.lastname@example.org.