Terms of Service
Please read these Terms of Service (hereinafter referred to as “Terms”) applicable to Switchboard, LLC (“Switchboard”, “we” or “us”) before using its site, https://www.switchboardmagazine.com or its affiliates and/or extensions (hereinafter referred to as the “Site”). By continuing to access or use this Site, or any service on this Site (as defined below), you signify YOUR ACCEPTANCE OF THESE TERMS OF SERVICE and THE SWITCHBOARD PRIVACY POLICY (collectively, the “Policy”).
As used herein, the term “Service” or “Services” means any and all Internet-related services provided by or through Switchboard; the term “Content” means any and all information, data, material, text, images, video, audio, and software, whether provided by, through, or to Switchboard; and the term “User” or “Users” means any person who accesses or uses any Content.
Switchboard provides the Services subject to the Policy and your use of the Site and/or Services constitutes your acceptance of these Terms. From time to time, Switchboard may modify the Policy at any time for any reason in its sole discretion, without notice. Switchboard may post an alert to registered users of a change to the Policy (either on the homepage or via email). Accordingly, please continue to review the Policy whenever accessing or using this Site and the Service. Your continued use of the Site, or any Service on this Site, after the posting of modifications to the Policy, constitutes your acceptance of the Policy, as modified. Please note that select service(s) offered via this Site may also require your acceptance of additional terms of service specific to such service(s) and specifically govern your use of such service(s). If, at any time, you do not wish to accept the Terms, you may not use the Site nor the Service. Any terms proposed by you which are in addition to or which conflict with the Policy are expressly rejected by Switchboard and shall be of no force or effect.
Any violation of this Policy may result in civil and/or criminal liability. In addition, Switchboard reserves the right to immediately terminate permissions and/or uses for any User for any reason at any time at the sole discretion of Switchboard with or without notice. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Policy and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Policy.
1. Use of the Service.
We may at times require that you register to make purchases, and/or set up an account/profile to access, visit and/or use certain portions of the Service, or the Service as a whole, in which case you may be provided, or required to choose, a password and/or User ID, and you may provide a credit, debit, or payment account number, or other payment information, as well as your name, telephone number(s), email and/or street address. In addition, you may be asked to provide us similar information by telephone, postal mail, social media interaction or messaging (e.g., email, SMS, MMS, or similar technologies). All such information shall be referred to in the Agreement as your "Registration Information". We may use and share your Registration Information as described in our Privacy Policy.
You agree, represent, warrant, covenant and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Service. If any of your Registration Information changes, you are responsible for updating it promptly by using the mechanism or contact information on the Service that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on the Service, please notify our Privacy Policy Coordinator as described in our Privacy Policy. WE SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. WE SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
We reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID that has been provided to you, any avatar you may be using or other Registration Information, or otherwise change the access means or methods for portions of the Service, the Service as a whole, or certain Products.
You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service by use of your account/profile and/or Registration Information. You may not access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you are responsible for promptly changing the affected Registration Information by using the mechanism or contact information on the Service, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service, please immediately notify us as described in our Privacy Policy.
You may not sell or modify the Service, and you may not reproduce, display, publicly perform, distribute, or otherwise use the Service in any way for any public or commercial purpose. As an express condition of your use of the Service, you warrant to Switchboard that you will not use the Service for any unlawful purpose or purpose prohibited by these Terms. If you violate any part of these Terms, your permission to use the Service automatically terminates. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access the Service.
2. Intellectual Property Rights.
This Site and its Content, including but not limited to any and all text, content, screenplays, teleplays, stories, photographs, video, films, audio, graphics software and source code that comprise the Service, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries, and may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of Switchboard and/or individual owner(s) of each piece of intellectual property.
All intellectual property rights, if any, in and to the Content including but not limited to the right to adapt, produce, or exhibit, remain with the original rights holder(s), until and unless other legally binding agreements are made.
All Content provided by us on or in connection with the Site or Services, such as information, names, text, graphics, images, audio, video, logos, trademarks, service marks, trade dresses, brands, designs, icons, downloads, data, software, patents, and other intellectual property or proprietary materials (collectively, “Switchboard Content”), and all right, title and interest in and to the Switchboard Content, is the property of Switchboard and protected by United States and international intellectual property, propriety, and other laws. Except as set forth herein, nothing herein should be construed as granting you any license or right to use any Switchboard Content without our prior written permission, including, without limitation, reproducing, modifying, publishing, transmitting, distributing, performing, displaying, selling, or adapting Switchboard Content; using Switchboard Content in connection with any other product or service; or using Switchboard Content in any disparaging or discrediting manner. Without limiting the foregoing, as a User of the Sites or Services, you are granted a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Sites or Services for non-commercial, non-profit, non-public, and personal use only in accordance with these Terms, and you may only print, download, or copy any portion of the Sites or Services to which you have properly gained access solely for such permitted uses, provided that you must keep intact all copyright, trademark, service mark, and other intellectual and proprietary rights notices intact.
Switchboard Content may include media authored by third-parties, accordingly, you acknowledge and agree that any viewpoints of third-party contributors do not reflect the views of Switchboard and shall not be relied on as advice, including but not limited to medical or financial.
All other content on the Sites or Services that is not owned by Switchboard is the property of its respective owners. We do not claim ownership in the material that is owned by you that you submit to us or authorize us to use in connection with the Sites or Services (“Your Material”), but you hereby grant us (and our affiliates, successors, licensees, and assigns) the necessary rights to use Your Material as required by us to provide you with the Sites and Services herein, such as a worldwide, royalty-free, transferable, sublicensable, and non-exclusive license to use, copy, reproduce, display, submit, promote, and distribute for evaluation and review Your Material, and the right to use your name, likeness, and biography, to the extent required to promote your use of the Site and Service, in connection with the promotion and advertising thereof. You understand that no compensation in any form shall be due or payable to you in connection with the exercise of the rights to Your Material as set forth herein. You also expressly acknowledge and agree that all of the rights that you grant regarding Your Material shall continue in full force until you request removal of Your Material from the Sites or Services as set forth in these Terms. All right, title, and interest not expressly granted by Switchboard are expressly reserved by Switchboard.
3. Third Party Websites.
Switchboard provides links to third party sites for your convenience only and you agree to and are bound by their terms and policies. Switchboard does not take any responsibility for third party organizations’ terms. Switchboard may provide links to third party’s websites however Switchboard does not warrant or guarantee the accuracy, reliability, availability, or results of your use of any information on third party websites or services. You agree to access and use such third-party websites and services at your own risk.
4. Prohibited Use.
Switchboard does not permit or tolerate any illegal, abusive, harmful or improper use of the Services or any use of the Services that interferes with other Users' enjoyment of the Services. If you believe that you have been a victim of any such conduct that is described below, please email to caniskovich@gmail.com. Without limiting the generality of the foregoing, Switchboard specifically prohibits the following activities:
Collecting, storing, posting, transmitting or soliciting any unlawful, harassing, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, profane, racist, discriminating or otherwise objectionable or offensive material, information, message or communication;
Collecting, storing, posting, uploading, downloading, transmitting, soliciting or otherwise making available any content, material, information, message or communication that would infringe, violate, or misappropriate any patent, copyright, trademark, trade secret or other intellectual property right, any privacy, or any contractual right of any person or entity;
Collecting, storing, posting, transmitting or soliciting any material, information, message or communication that violates, or may give rise to criminal or civil liability under any federal, state, local, national or international law, including, without limitation, the U.S. export control laws and regulations, and the Computer Fraud and Abuse Act;
Collecting, storing, posting, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent;
Collecting, storing, posting, transmitting or soliciting personal information about children under the age of 13;
Uploading, posting, transmitting, sharing, storing or otherwise making available any personal information regarding any person under the age of eighteen (18) years;
Collecting, posting, transmitting or soliciting harmful computer software viruses, codes, files or programs;
Falsifying User information;
Making fraudulent offers to sell or purchase, or conducting any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” or “chain letters”;
Provide professional advice or post, upload, transmit, send or otherwise make available on or through the Service any Content intended to provide professional advice about medical, health, legal, tax, financial, or investment issues, or to solicit, recommend, or endorse any securities or financial instruments, or suggest that a particular transaction or investment strategy is suitable for you or any specific person;
Access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or Registration Information;
make any commercial, advertising, promotional, or marketing use of the Service and/or Content obtained on or through the Service, except as expressly permitted in writing by the us;
Sending email with charity requests, petitions for signatures, or any chain mail related materials, other than for donations for causes that have been pre-approved by Switchboard;
Sending unsolicited email that could be expected, in Switchboard’s sole discretion, that may provoke complaints;
Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email;
Forging email headers, using invalid or non-existent domain names or other means of deceptive addressing in email;
Falsifying any information or misrepresenting yourself, your work, your projects, or anyone you associate with, in any misleading way to other users of the Site, including but not limited to misrepresenting an email, email header, domain name, address, phone number, or any other misrepresentation, including the use of anonymity or impersonation to mislead or engage with another User by any means – whether directly on the Site or not;
Making any fraudulent, misleading, or inaccurate claims regarding Your Content, including but not limited to, falsely claiming any person or entity is associated with you and/or Your Content;
Making any fraudulent or misleading offers to sell, purchase, or trade any content on the Site.
Relaying email in an anonymous fashion, relaying email from any third party's mail servers without that third party's permission, or using similar techniques to hide or obscure the source of the email;
Adding, removing or modifying identifiable network header information in an effort to deceive or mislead;
Impersonating or attempting to impersonate any person by using forged headers or other identifying information;
Doing or attempting to do any thing that adversely affects the ability of other Users to use the Services or the Internet, including, without limitation, “denial of service” attacks against another system or network host or another User;
Hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network;
Without permission from the owner or host of a system or network, doing or attempting to do any of the following: accessing the system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the system or network, or breaching the security or authentication routines of the system or network;
Reselling or attempting to resell any Service without Switchboard's prior authorization;
Using any Service to violate another Internet service provider's acceptable use policy and/or terms of service;
Using data “bots” or other hard- or software devices for data scraping or other activity on or in connection with the Switchboard website and Service; and
Any other uses of any Service that Switchboard determines, in its sole discretion, are illegal, abusive, harmful or improper.
5. Use Of Web Forums At Your Own Risk.
The Service contains, or may contain in the future, bulletin board services, weblogs, chat areas, news groups, forums, communities and any other message and communication facilities (collectively “Forums”). All use of the Forums is subject to the Policy. Switchboard does not control the files, information, or messages (collectively, “Information”) delivered to or displayed in the Forums, unless otherwise noted therein, and Switchboard assumes no duty to, and does not, monitor or endorse Information within the Forums, nor does Switchboard represent or guarantee the truthfulness, accuracy or reliability thereof or that the Information complies with the terms of the these Terms. Switchboard reserves the right at all times to edit, refuse to post, or to remove any Content or Information, in whole or part, that Switchboard, in its sole discretion, deems inappropriate for inclusion in the Forums. Switchboard reserves the right to expel you from or suspend your access to some or all of the Forums for violating the law or these Terms. The Forums are public and not private communications and may be read by others without your knowledge or permission. Although a particular community may have a policy of limited membership or access, Switchboard shall have no liability if unauthorized persons nevertheless obtain access to the community. Your use of the Forums is at your own risk, and you must be careful about disclosing your personal information. Users of the Forums must exercise all reasonable efforts to keep all passwords and login information for the Site and Forums confidential. You acknowledge and agree that Switchboard may preserve Content and/or Material and may also disclose such Content and/or Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content or Material violates the rights of third-parties; or protect the rights, property, or personal safety of Switchboard, its users and the public. You understand that the technical processing and transmission of the Service, including your Material, may involve transmissions over various networks and Switchboard may need to make changes to conform and adapt to technical requirements of connecting networks or devices.
Users of the Forums must never:
upload to or link from the Forums any harmful or malicious technology, including malware, that unlawfully accesses information owned by Switchboard or any third party.
post content that violates applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies, including any rules of any national and other securities exchanges.
allow another person to post from their account or on their behalf.
post content that is abusive, offensive, vulgar, obscene, hateful, racist or bigoted, threatening, libelous, defamatory, or fraudulent.
dox another person, or post content that includes another person’s private or personal information, including but not limited to community forum profile information, images, personal phone numbers, email addresses, addresses, and Social Security numbers.
post content that the user does not have the required rights to under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
post spam or advertisements.
impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with a person, organization, or entity of Switchboard.
interfere with or disrupt the operation or integrity of the Forums or any information, data, content or other materials available on or through the Forums.
access the Forums in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Site or Forums.
authorize, permit, enable, induce or encourage any third party to do any of the above.
do anything to violate the these Terms.
6. Use of Software.
Switchboard has licensed the proprietary software on the Site (herein “the Software”) for your use only, and any rights or interest remain, in their entirety and without limitation, the property of the company. The Software may not be copied, modified, sold, or in any way edited and transferred. Furthermore, it may not be reverse engineered or directly copied in any way. The Software has security measures in effect to protect the users. You may not tamper with, disable, bypass, deactivate, or in any way exploit or manipulate any security measure, copyright, trademark, or any other IP of Switchboard. By using the Software in any capacity, whether downloaded, installed, or otherwise, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or the U.S. Commerce Department’s Table of Deny Orders. User accepts any risks associated with the Software or errors in the Software.
7. Restrictions on Use.
You agree to notify Switchboard in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory, or common law rights.
8. Further Restrictions on Use.
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD CONTENT FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN AND DO NOT MODIFY ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES THEREON. MODIFICATION OF THE SERVICE’S CONTENT WOULD BE A VIOLATION OF SWITCHBOARD’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM NOW OR HEREINAFTER KNOWN INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF SWITCHBOARD. FURTHERMORE, YOU MAY NOT USE ANY OF SWITCHBOARD’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH SWITCHBOARD’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF SWITCHBOARD’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU FURTHER AGREE THAT YOU MAY NOT USE WEB-ACCELERATED BROWSERS OR PRODUCTS (INCLUDING BUT NOT LIMITED TO NETJET, NETSONIC, MSIECRAWLER AND TELEPORT-PRO), OR OTHER APPLICATIONS THAT ARE CAPABLE OF COPYING LARGE PORTIONS OF CONTENT OR MATERIAL FROM THE SITE. YOU MAY NOT USE ANY DEVICE, SOFTWARE OR ROUTINE OR THE LIKE TO INTERFERE OR ATTEMPT TO INTERFERE WITH ANY SITE FUNCTIONALITY; TAKE ANY ACTION THAT IMPOSES AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON THE SITE INFRASTRUCTURE; USE ANY E-MAIL ADDRESSES APPEARING ON THE SITE FOR PURPOSES NOT RELATING SPECIFICALLY TO THE SITE; ACCESS THE SITE BY ANY MEANS OTHER THAN THROUGH THE INTERFACE THAT IS PROVIDED BY SWITCHBOARD, OR ATTEMPT TO ACCESS ANY AREA OF THE SITE TO WHICH YOUR ACCESS IS NOT AUTHORIZED; OR REVERSE ENGINEER, REVERSE ASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE RELATING TO THE SITE, EXCEPT TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION.
9. License.
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the Terms. Should you choose to download content from the Service, you must do so in accordance with the Terms. Such download is licensed to you by Switchboard and intended ONLY for your own personal, noncommercial use in accordance with the Terms and does not transfer any other rights to you.
10. Rights Reserved.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and Switchboard, at all times be and remain the sole and exclusive property of Switchboard. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Switchboard for its exclusive use. Except as specifically permitted by the Terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use Switchboard’s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Switchboard’s prior written approval.
11. Fees and Payments.
Switchboard reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time Switchboard requires a fee for portions of the Service or the Service as a whole, Switchboard will require you to register and create an Account (hereinafter referred to as “Account”). In no event will you be charged for access to portions of the Service or to the Service unless Switchboard obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Switchboard or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your Account, and the purchase of any other products or services.
If you submit a credit, debit, or payment account number, or other payment information upon registration, at the time of purchase, or otherwise, you authorize, give us permission, and direct us to retain such information and to charge all fees to such payment method.
Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless Switchboard receives all fees and charges payable by you, including the Prepaid Fee.
If you do not make timely payment, Switchboard may cease to provide the Services to you until such time as you pay the full amount due to Switchboard. In addition to any other remedy permitted by law, Switchboard shall charge, and you shall be obligated to pay the greater of (i) interest on the unpaid balance at a rate of 1 1/2% per month, provided that in the event that such rate exceeds the maximum rate permitted by law, interest on the unpaid balance at the maximum rate permitted by law, or (ii) a late fee of ten dollars ($10) per month for any month during which any amount payable hereunder is overdue.
12. Registration and Account Creation.
As part of the registration and Account creation process necessary to obtain access to portions of the Service that require a fee or payment, you may create be required to create a subscriber identification ID and a password. You may also be required to provide Switchboard with certain registration information, all of which must be accurate and updated. You shall not select a subscriber ID already used by another person; use a subscriber ID in which another person has rights without such person’s authorization; or use a subscriber ID or password that Switchboard, in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Switchboard of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are solely responsible for all usage or activity on your Account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Switchboard’s sole discretion, and Switchboard may refer you to appropriate law enforcement agencies. You are responsible for all charges, if any, incurred up to the time the account is terminated.
13. Disclaimer and Limitation of Liability.
THE PRODUCTS AND CONTENT AVAILABLE ON OR THROUGH THIS SERVICE ARE IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; (B) RECOMMEND, ENDORSE, OR ADVISE REGARDING ANY FINANCIAL INSTRUMENT OR INVESTMENT STRATEGY; OR (C) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. FOR EXAMPLE, SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THE AGREEMENT, WE AND THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE PRODUCTS OR THE CONTENT OBTAINED ON OR THROUGH THIS SERVICE
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, CONTENT, MATERIAL, SERVICES, GOODS OR ADVERTISEMENTS (THE “ITEMS”) ARE PROVIDED “AS IS” AND THAT SWITCHBOARD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SWITCHBOARD DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SERVICE IS FREE OF ERRORS OR VIRUSES, WORMS OR “TROJAN HORSES” AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY SUCH DESTRUCTIVE FEATURES. UNDER NO CIRCUMSTANCES SHALL SWITCHBOARD, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF SWITCHBOARD, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, SUBCONTRACTORS, AGENTS, SUPPLIERS OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICE OR ANY PROVISION OF TERMS AND SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSSES, LOSS OF REVENUE, ANTICIPATED PROFITS, LOST BUSINESS, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF A COMPANY-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM AGAINST SWITCHBOARD BY ANY OTHER PARTY OR ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE IN THE SERVICE CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF THE SERVICE ON SUCH EQUIPMENT. THE CONTENT OF OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE IS NOT MAINTAINED OR CONTROLLED BY SWITCHBOARD. SWITCHBOARD IS THEREFORE NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT OR ACCURACY OF OTHER WEB SITES, SERVICES OR GOODS THAT MAY BE LINKED TO, OR ADVERTISED ON, THE SERVICE. SWITCHBOARD DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO, THE SERVICE, GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNES OR ADEQUACY OR ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE OR MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE. SWITCHBOARD IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES AND EQUIPMENT YOU USE TO ACCESS THE SERVICE. YOU UNDERSTAND THAT SWITCHBOARD AND/OR THIRD-PARTY CONTRIBUTORS TO THE SERVICE MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE TERMS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL SWITCHBOARD’S LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO SWITCHBORAD FOR THE SERVICE, IF ANY. SWITCHBOARD DOES NOT WARRANT THE COMPREHENSIVENESS, ACCURACY, OR ADEQUACY OF THE SERVICES FOR ANY PARTICULAR USE OR PURPOSE, NOR DOES SWITCHBOARD INDEMNIFY YOU AGAINST ANY CLAIM FOR COPYRIGHT INFRINGEMENT OR ANY OTHER CLAIMS.
14. Relinquishment of Section 1542 of the CA Civil Code.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS HEREUNDER.
15. Representations and Warranties.
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old or if you are younger, your parents or legal guardian has approved your use of the Service as evidence by sending an email to Switchboard (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the Terms.
16. Indemnification.
You agree to indemnify and hold Switchboard, and its parents, subsidiaries, affiliates (in particular, but not limited to, entertainment industry professionals, including producers, managers, agents and their companies and studios who may, from time to time, download or request to download Content), directors, officers, agents, judges, users, suppliers, co-branders or other partners, and employees (collectively, “Indemnified Parties”), harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising from or in connection with your use or misuse of the Site or Service, your connection to the Service or your violation of these Terms and/or the Policy. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by an Indemnified Party, or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
17. Termination.
Either you or Switchboard may terminate the Terms with or without cause at any time and effective immediately. You may terminate the Terms by discontinuing use of the Service and destroying all materials obtained from the Service. The Terms will terminate immediately without notice from Switchboard if you, in Switchboard’s sole discretion, fail to comply with any provision of these Terms or Switchboard in its sole discretion, terminates the Service to you for whatever reason, effective immediately. Upon termination by you or upon termination by Switchboard, you must immediately cease all use of the Service and destroy all materials obtained from the Service and any copies thereof.
18. Survival.
All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
19. Governing Law; WAIVER OF JURY TRIAL.
The Terms shall be governed and construed in accordance with the laws of the United States and the State of California, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County in the State of California with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the Terms. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY COURT ACTION ARISING BETWEEN US, WHETHER UNDER THESE TERMS OR OTHERWISE RELATED TO THE SERVICE, AND WHETHER MADE BY CLAIM, COUNTERCLAIM, THIRD PARTY CLAIM OR OTHERWISE.
20. International Use.
Switchboard makes no representation or warranty that all Services and Content are appropriate or available for use in locations outside the United States. Accessing any Service or Content from territories in which such Service or Content is illegal is prohibited. You agree that if you choose to access any Service or Content from any locations outside the United States, you do so on your own initiative and at your own risk, and are solely responsible for compliance with local laws.
21. Miscellaneous.
You accept that Switchboard has the right to change the Content or technical specifications of any aspect of the Service at any time at Switchboard’s sole discretion. You further accept that such changes may result in your being unable to access the Service.
22. Headings.
The section titles in the Terms are used solely for the convenience of you and Switchboard and have no legal or contractual significance.
23. Severability.
If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in force.
24. Entire Agreement.
The Policy and any other terms and conditions of service of Switchboard, its parents, successor, constitute the entire agreement between you and Switchboard and govern your use of the Service.
25. Copyright Agent.
Switchboard respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you are encouraged to notify Switchboard in accordance with common DMCA policies. Notice and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/512/ for details. Switchboard will respond to all such notices, including, as required or appropriate, by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Switchboard or others, Switchboard may, in its discretion, terminate or deny access to and use of the Websites or Services. In the case of such termination, Switchboard will have no obligation to provide a refund of any amounts previously paid to Switchboard. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, please provide the Switchboard the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of the allegedly infringing material and its location on the Site;
the contact information for the copyright owner or authorized agent (your address, telephone number, and email address);
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Mail: Switchboard, LLC, 15 Grove Ave., Branford, CT 06405
E-mail: caniskovich@gmail.com;
SWITCHBOARD DOES NOT INDEMNIFY YOU AGAINST ANY CLAIM FOR COPYRIGHT INFRINGEMENT OR ANY OTHER CLAIMS. You acknowledge that in the event of any claim for infringement of your intellectual property rights against another User or third party, you expressly waive your right to bring any claim against Switchboard as a direct or contributory infringer of those intellectual property rights or any other rights you believe to have been infringed by any User(s) or third party/ies associated with the Service.
26. Assignability
This agreement may not be assigned, in whole or in part, by you without the express prior written approval of Switchboard. Switchboard shall have the right to assign the terms of the Policy in accordance with any sale or merger made by Switchboard.
27. Force Majeure
Switchboard shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the Service resulting directly or indirectly from any cause of circumstances beyond the control of Switchboard, including but not limited to, Acts of God, acts of public enemy, war, accident, fires and other environmental disasters, electrical failures, telephone system failures, restraining orders or decrees of any court, strikes, work stoppages, postal delays, explosions, governmental orders, pandemics, epidemics and other public health emergencies or regulations.