SWITCHtube Version 1.4
For the sake of simplicity this document refers to Organization Managers, Producers, Collaborators and Users using the male form, but this includes the female Organization Managers, Producers, Collaborators and Users who are very welcome at the Service.
1. Definitions and roles
SWITCHtube is a web service that allows registered Users (with the role of a Producer or a Collaborator) to upload and publish videos and make the videos accessible to defined categories of Users. The Service can be found under https://tube.switch.ch
Digital content (videos) that is uploaded and stored by Producers or Collaborators in the Service.
The Organization Manager, on behalf of the Organization he belongs to, decides and assigns which Users shall have the right to exercise the role of a Producer.
The Producer sets up his Channels and decides and assigns for these Channels the Users who shall have the right to exercise the role of a Collaborator. The Producer defines the Access Mode.
The Collaborator may also upload Content to the Channel, edits Content or manages the Channel. On the Producer’s discretion, the Collaborator can also change the viewing permissions of a channel and add new Collaborators to a Channel. The role of a Collaborator may only be assigned to Users belonging to an Organization.
The publications on the Service are divided in Channels. The Producer sets a title or topic for each of his Channels. The Collaborator assigned to the Channel shall view, edit or upload to the Channels accordingly.
By default a Channel is restricted and can only be viewed by any Users belonging to an Organization. The Producer can change the Access Mode of a Channel by choosing and setting one of the following Access Modes:
- Channel is open and can be viewed by any Users without any registration or login.
- Channel is open and can be viewed by any Users without any registration or login, but knows the address of the channel..
- Channel can only be viewed with AAI login by any Users belonging to an Organization.
- Channel can only be viewed with AAI login by Users belonging to the home organization (e.g. University) of the Producer.
- Channel can only be viewed by the Producer and the Contributors he defines.
By publishing Content in the Service, the Content is made accessible by way of streaming. The Producer may additionally make Content accessible by setting a link to a downloadable file.
The Service’s Users are divided into two categories:
- Users belonging to an Organizations: all Users belonging to an Organization within the SWITCH Community, in particular employees, researchers, lecturers and students who use the Service. Organizations themselves also count as Users in this category.
- All other Users.
An organization within the SWITCH Community.
The Organizations connected up to SWITCH from the education and research field (in accordance with the Appendix to the Service Regulations for Services by SWITCH version 1.1 of November 19th 2009 or any later version as amended).
Extended SWITCH Community
Organizations that work together closely with the SWITCH Community, in particular university policy bodies, academies, funding institutions, libraries, hospitals, private research institutes and schools in the tertiary education sector that do not belong to the SWITCH Community as defined below.
SWITCH's authentication and authorization infrastructure. A SWITCH service for Single Sign On (SSO) web access.
For Organizations within the SWITCH Community, the periodically updated tariff for purchases of SWITCH services applies.
The Platform SWITCHtube is set up and run by SWITCH to provide the Organizations of the SWITCH Community with a safe and simple way to publish academic videos. SWITCHtube provides basic video portal functionality:
- Easily contribute movies (uploads or direct capturing by smartphone)
- Video streaming to different screen sizes (desktop, mobile device / tablet / smartphone)
- Lean user and search interface
- Videos can be made accessible to all Internet users
In addition, SWITCHtube offers features targeting the Swiss academic community:
- Restrict video access to certain people and groups (AAI authentication)
- Restrict upload to nominated producers
- No advertisings
- Ability to only show videos belonging to an organization
- Ability to group videos in “channels”
- Ability to add assets (e.g. PDF) to videos
- Integration of all lectures recorded by SWITCHcast
With its servers located exclusively in Switzerland, the Service is intended to be an alternative to certain video-sharing services that have their servers in foreign countries.
3. How it works
3.1 Setup and access
Only Users belonging to an Organization that has subscribed to the Service can become Producers and Collaborators. On behalf of their Home Organization, the Producers and Contributors may upload Content (videos) to the Service. The Producers may set the Access Mode and thereby define to whom the Content within a certain Channel in the Service shall be made accessible. By default, the Access Mode of a Channel is restricted, allowing only users of the AAI community to access the Content of the Channel. The Producers may set the Access Mode differently, e.g. to publish the Content of a certain Channel only for Users belonging to an Organization.
By default the Content is made accessible by way of streaming. The Producer additionally may make Content accessible by setting a link to a downloadable file.
3.2. User administration and billing
User administration and authorization to the Service is provided based on the established SWITCHaai.
SWITCH reports the general usage of the Service to the Organization and charges the Organization with costs according to the Tariff (SWITCH Community) or the individual service agreement (Extended SWITCH Community).
3.3 Data location
The servers on which Users' data are stored in the Service are located in Switzerland, within the SWITCH infrastructure. From the networks of Organizations connected to SWITCHlan, the servers can be accessed directly via SWITCHlan, also located in Switzerland. In other cases, the Service can be accessed over the public Internet.
SWITCH stores data redundantly on multiple separate servers, but does not create any backups of the Content. Users are responsible for creating backups of the Content they use and for saving them in a suitable place and in a suitable form.
4. Legal terms and conditions of use
4.1 Applicable terms and conditions
The provisions of the following documents in their most recent version are applicable to the use of SWITCHtube:
- For Users belonging to an Organization: Service Regulations for Services by SWITCH
- For all other Users: The General Terms and Conditions for Services of SWITCH
- For all Users: This SWITCHtube Service Description
In the event of conflicting statements, this SWITCHtube Service Description takes precedence over the provisions of the other two documents listed above.
SWITCH reserves the right to amend this Service Description at any time. Organizations and Users will be notified of any amendment in an appropriate way.
4.2 Admissible use
The Service may be used by the Organizations of the SWITCH Community and their Producers and Collaborators to upload and publish videos and to make them accessible to the Users.
Any use of the Service is only admissible insofar as it does not violate this Service Description, the law or third parties’ rights.
It is the Organization’s and the Producer’s and the Collaborator's responsibility to decide which Content to upload, publish and make accessible using the Service. The Ownership of the Content is always at the home Organization, at the Producer or at the Collaborator who uploaded the Content to the Service. Videos with a sensitive content should not be uploaded, published or made accessible using the Service.
It is the Organization’s and the Producer’s sole responsibility to choose the correct and legally admissible setting of the Access Mode and only such correct and legally admissible setting of the Access Mode shall be deemed admissible use.
It is the User’s responsibility to decide which Content to view or download using the Service.
4.3 Responsibility of Users
To ensure that the Content and its use comply with the law, users must adhere to copyright and other proprietary rights.
It is not admissible to use the Service in any way that may violate this SWITCHtube Service Description, the law or third parties’ rights (e. g. copyright or privacy rights).
Users and their Organizations bear sole responsibility for their conduct, their use of the Service and the Content they upload to the Service. Where necessary, the User must obtain the rights and permissions of third parties before loading the Content onto the Service or otherwise using the Content.
Third parties who gain access to the Content can do many things with it (for example, copy the Content, edit it, share it with third parties, publish it, etc.). Due to the nature of the Service, it is not a platform for storing or sharing confidential Content, patient data or other sensitive data.
SWITCH accepts no responsibility for these or any other activities on the part of the Users.
4.4 Improper use of the Service
Improper use of the Service is governed by Sections 4.2, 4.3, 4.4, 4.5 and 4.10 of this Service Description, section 3.1 of the Service Regulations for Services by SWITCH and Section 3.1 of the General Terms and Conditions for Services of SWITCH.
If there is any reasonable suspicion that the Service is being used unlawfully or in breach of regulations within the meaning of this section 4.4, SWITCH reserves the right to delete the Content in question immediately (for example, pirate copies, unlawful content), without notifying the Users or Organizations affected beforehand, and/or to interrupt or cut off the Users’ access to the Content and to the Service. The Users or Organizations affected are not entitled to assert any claims for compensation in such cases.
Furthermore, in any case of improper use of the Service, SWITCH reserves the right to cooperate with the relevant state authorities where this is required by the law or where it seems necessary and, within this scope, will pass on all the information required to prosecute the unlawful actions.
Users and their Organizations must undertake to support SWITCH in investigating incidents of unauthorized use, criminal offences and other claims.
The liability of the Users and Organizations is set out in Section 4.10.
4.5 Notification of improper Content or use
Users who spot any unlawful or infringing Content within the Service are requested to inform SWITCH by email to firstname.lastname@example.org giving at least the following information: a) the name and address of the User contacting SWITCH, b) an explanation as to how he or she is being affected by the Content, c) a URL or link to the unlawful or infringing Content, d) an exact description of the unlawful or infringing part of the Content and e) an explanation as to how the Content is unlawful or infringing. SWITCH may take action based on such notifications, but it is not obliged to do so.
Users are responsible for protecting the passwords they use for the Service and must undertake to make them inaccessible to third parties and not to disclose them to any third parties. Users are responsible for any activity that takes place through their account or using their password.
4.7 Data protection
4.7.1 Storage and processing of personal data by Users
Users must determine the scope of permitted processing of personal data contained in their Content together with those concerned, e.g. for an authorization to make Content containing personal data accessible to third parties. Organizations are responsible for requiring their Users to comply with the terms and conditions applicable to processing personal data.
4.7.2 Processing of personal data by SWITCH
With regard to Users belonging to an Organization, SWITCH is required to process personal data in accordance with section 10 of the Service Regulations for Services by SWITCH. With regard to all other Users, SWITCH is required to process personal data in accordance with section 10 of the General Terms and Conditions for Services of SWITCH.
SWITCH logs details of access to the Service by Users (e.g. IP address, date and time of access) in order to run, maintain and improve the Service. The number of user accounts and volume of data stored per Organization are evaluated for accounting purposes.
4.8 Warranty and security
The warranty provisions as set out in section 7.1 of the Service Regulations for Services by SWITCH apply to Users belonging to an Organization. For all other Users, the warranty provisions in section 7.1 of the General Terms and Conditions for Services of SWITCH apply.
These warranty provisions are hereby amended and supplemented as follows: SWITCH warrants that data are stored in its data center in Switzerland. SWITCH does not warrant a specific security level or a specific level of availability.
4.9 Liability of SWITCH
SWITCH’s liability restrictions and waivers as per section 7.2 of the Service Regulations for Services by SWITCH apply to Users belonging to an Organization. For all other Users SWITCH’s liability restrictions and waivers as per of section 7.2 of the General Terms and Conditions for Services of SWITCH apply.
4.10 Liability of Organizations and Users for improper use
Organizations and Users are jointly and severally liable towards SWITCH to the extent provided for by law for damages incurred by SWITCH as a result of improper use of the Service as well as for other indirect damages.
Every User and the Organization to which he or she belongs must contest claims made by third parties against SWITCH regarding infringements of copyright or other intellectual property rights and/or the applicable legal provisions on data protection in connection with the User’s Content at their own expense when first requested to do so by SWITCH. The User and the Organization to which he or she belongs are jointly and severally liable for any costs, license fees and/or compensation payments imposed on SWITCH in court or out of court, provided that SWITCH informed them in writing of the claim in question and authorized them to conduct and settle legal proceedings in accordance with the applicable procedural law, in particular by means of a court settlement or an out-of-court settlement.
Version 1.4 valid from May 12th, 2016
Version 1.3 valid from Sept 7th, 2015
Version 1.2 valid from March 24th, 2015
Version 1.1 valid from Aug 12th, 2014
Version 1.0 valid from Jan 31st, 2014