User Agreement - Hallway
This user agreement was last updated on April 01, 2011.
Welcome to Hallway, a site where you read and write reviews on companies, schools, people, and more. You can also ask and answer questions and mingle with other users.
By using the Hallway Services which are owned and operated by Hallway Inc. ("Hallway", "us" or "we") and by accessing the Hallway site located at www.hallway.com (the "Site"), and all linked pages owned and operated by Hallway, you agree to be bound by this User Agreement ("User Agreement"), as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOUR ACCESS TO OR USE OF THE HALLWAY SERVICE CONSTITUTES YOUR ACCEPTANCE OF ALL THE PROVISIONS OF THESE TERMS OF SERVICE. IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE HALLWAY SERVICE. If you are using the Site on behalf of your employer, you represent that you are authorized to accept these Terms on your employer's behalf.
We reserve the right to modify this User Agreement from time to time. If we modify this User Agreement, we will indicate that we have done so on the site. Use of the site constitutes your acceptance of the modified User Agreement.
This User Agreement covers following topics in detail:
- Registration and Security
- User Content
- Use of the Site
- Restrictions On Use
- User Disputes
- Information Provided on this Website
- Disclaimer of Warranties
- Limitation of Liability
- Contact and Violations
You must be 13 or over to register as a member of Hallway or use the Hallway Site and Services. If you do not qualify, do not use the Service. Your Hallway Service membership is void where prohibited by applicable law, and the right to access the Hallway Site is revoked in such jurisdictions. By using the Hallway Site and/or Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.
Registration and Security
In order to use or access most of the Hallway Services, you are required to register with Hallway and select username (which shall consist of an email address) and password. If you register, you agree to provide Hallway with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person. Hallway reserves the right to refuse registration of, or cancel a User-ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User-ID and password provided to you for your access to the Hallway Service shall be for your personal use only. You agree to immediately notify Hallway of any unauthorized use of your User-ID or password.
Use of the Site/Services by Members
Subject to the restrictions on use and on posting set forth in this Agreement, you may use the Hallway website to solicit reviews from, and share reviews with other users; search the Hallway database for reviews and business contact information; forward reviews to people you know; invite people you know to join Hallway. You may not copy or distribute any portion of the Hallway Site and/or Service for any purpose not authorized above without the express written permission of Hallway. Hallway does not control the Content posted by third parties via the Hallway Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Hallway Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Hallway be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Hallway Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
You understand and agree not to use Hallway to:
- Modify, adapt, translate, or reverse engineer any portion of the Hallway Site and/or Hallway Service
- Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Hallway Site and/or Hallway Service for the purpose of constructing or populating a searchable database of Business/People/Educational Institute reviews.
- Create user accounts by automated means or under false or fraudulent pretenses.
- Create or transmit unwanted electronic communications such as "spam" to other users or members of the Hallway Site and/or Hallway Service or otherwise interfere with other user's or member's enjoyment of the Hallway Site and/or Hallway Service.
- Upload, post or email any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use any device, software or routine that interferes with the proper working of the Hallway Site and/or Hallway Service.
- Harass anyone through Hallway service.
- Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
- Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure.
- Use the Hallway Site and/ or Hallway Service, intentionally or unintentionally, to violate any applicable local, state, national or international laws.
- Collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
You must be 13 years of age or older to register as a member of Hallway or use the Site and any related services. If you do not qualify, you must not attempt to register or use the site in any way. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this User Agreement and to abide by all of the terms and conditions set forth herein.
Registration and Security
To access or use parts of the Site, you may be required to register by creating an account and providing information about yourself to Hallway. You are solely responsible for maintaining the confidentiality of any passwords that you create in connection with the Site, and you are solely responsible for all use including unauthorized use) of your account. You agree to notify Hallway immediately of any unauthorized use of your account. Hallway reserves the right to close your account at any time for any or no reason.
Subject to the restrictions on use and on posting set forth in this Agreement, you may use the Site to solicit reviews from other users; and share reviews with other users; search the Hallway database for reviews and business contact information; forward reviews to people you know; and invite people you know to join Hallway. You are solely responsible for any content that you upload, publish or display (hereinafter, “post”) on or through the Site, transmit to or share with other users (“User Content”). Hallway reserves the right to modify or remove, at its sole discretion, any User Content.
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Hallway an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire.
You represent and warrant that your User Content is free of libel or other unlawful material, including matter that may be construed as invasion of privacy, violation of a right of publicity, copyright, patent, or trademark infringement, and/or misappropriation of trade secret or any other right of a person or party. You also represent and warrant that all necessary licenses and consents have been obtained for the unrestricted use of your User Content on the Site.
Use of the Site
You may not copy or distribute any portion of the Site for any purpose not authorized herein without the express written permission of Hallway. Hallway does not control the User Content posted by its users, including the content of any messages or reviews, and Hallway does not guarantee the accuracy, integrity or quality of such User Content. You understand that by accessing the Site, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Hallway be liable in any way for any User Content, including any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of your use of any User Content.
Your use of the Site, including all User Content you submit, is subject to all applicable local, state, national and international laws and regulations. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
Restrictions on Use
You agree that you will not (and will not permit others to):
- use the Site to post any false or misleading User Content, including writing or soliciting “shill” reviews;
- use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with a User's enjoyment of the Site;
- use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other form of solicitation or mass messaging, whether commercial in nature or not;
- use the Site to post any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- use the Site to post or collect any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- use the Site to violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- use the Site to transmit or post illegal materials, including material that is pornographic or obscene;
- use the Site in connection with the solicitation of personal information from minors;
- use the Site in violation of the User Agreement or any applicable local, state, national or international law;
- reverse engineer, modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade, or in any way exploit the Site;
- remove any copyright, trademark or other proprietary rights notices contained on the Site or in any Site Content;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any Site Content or information from the Site;
- attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; or use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; or
- use the Site to post any content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Hallway or its users to any harm or liability of any type.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice.
We are not responsible for your interactions with other Hallway users. We reserve the right, but have no obligation, to monitor disputes between you and other users. In the event of any dispute, you agree to release Hallway and its officers, directors, employees and affiliates from any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to Hallway are non-confidential and shall become the sole property of Hallway. Hallway shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Links to Other Websites and Content
The Site contains (or you may access through the Site) links to other web sites (“Third Party Sites”) which may contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Hallway, and Hallway is not responsible for any Third Party Sites accessed through the Site or any Third Party Content linked or posted through the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, legality, or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Hallway. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Hallway is not responsible or liable in any manner for any User Content or Third Party Content offered through, linked to or posted on the Site. Hallway does not control and is not responsible for what users contribute to the Site and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on or in connection with your use of the Site. Hallway is is not responsible for the conduct, whether online or offline, of any user of the Site.
YOU UNDERSTAND AND AGREE THAT THE HALLWAY SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HALLWAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HALLWAY MAKES NO WARRANTY THAT (i) THE HALLWAY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE HALLWAY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE HALLWAY SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE HALLWAY SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. The Site may be temporarily unavailable from time to time for maintenance or other reasons. HALLWAY assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Content. Under no circumstances will HALLWAY be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site, any User Content or Third Party Content linked to or posted on or through the Site, or any interactions between users of the Site, whether online or offline.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HALLWAY SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HALLWAY OR THROUGH OR FROM THE HALLWAY SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HALLWAY BE LIABLE TO YOU ON ACCOUNT OF (i) ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THIS SITE OR ANY USER CONTENT, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE, OR (iii) YOUR INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF HALLWAY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF HALLWAY OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $100. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You agree to indemnify and hold Hallway, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content you provide,, any Third Party Content you link to, post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this User Agreement or of any law or the rights of any third party.
Waiver and Severability of Terms. The failure of Hallway to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this User Agreement will be effective only if in writing and signed by Hallway. If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this User Agreement remain in full force and effect.
Statute of Limitations. You and Hallway agree that any cause of action arising out of or related to this Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You and Hallway agree to submit to the exclusive jurisdiction of the state and federal courts of [San Mateo] County, California.
Arbitration. Any claim, dispute or controversy arising out of or in connection with or relating tothis User Agreement or the breach or alleged breach thereof or your use of the Site shall be submitted by the parties to arbitration by the American Arbitration Association (“AAA”) in [CITY], California, United States of America under the AAA’s commercial rules then in effect. The foregoing notwithstanding, nothing in this paragraph shall be deemed as preventing Hallway from seeking relief from the courts as necessary to protect its intellectual property rights, and no decision of any arbitrator shall be binding in such event. The award rendered by the arbitrators shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court having jurisdiction thereof.
Contact and Violations
Please contact us with any questions regarding this User Agreement. Please report any violations of this User Agreement to email@example.com.
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Hallway, Inc., firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Hallway at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that content or a submission of yours that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content or submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Santa Clara County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that the removed content may be replaced or no longer disabled in 10 business days.
Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.