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Last modified Mar 30, 2004 11:07 am.
This User Agreement ("Agreement") is a contract between you and Hallwatch Inc. and applies to your use of the Hallwatch web site, hallwatch.org. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our service.
YOU MUST READ, AGREE WITH, AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND THE PRIVACY POLICY, WHICH INCLUDE THOSE TERMS AND CONDITIONS EXPRESSLY SET OUT BELOW AND THOSE INCORPORATED BY REFERENCE, BEFORE YOU MAY BECOME A MEMBER OF HALLWATCH.ORG.
From time to time Hallwatch may supplement the Agreement with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on hallwatch.org to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
Users of hallwatch.org shall not deploy data-mining, web-mirroring or web-copying of any kind against the site. Any such effort will be construed as an attempt to duplicate copyrighted data, and/or to destabilize the operation of the website. Hallwatch employs active log checking in order to identify users who ignore this condition of use, and will investigate fully any suspected cases.
Users authorize hallwatch.org to use, reproduce, transmit, store and display any user-supplied content (including message board postings and replies) for any purpose in any and all media except Faxbank messages marked private.
Any information provided by you or gathered by hallwatch.org or third parties during any visit to hallwatch.org shall be subject to the terms of the Hallwatch Privacy Policy, which is incorporated herein by reference. Hallwatch Inc. reserves the right to offer you third party services and products.
Hallwatch Inc. reserves the right to terminate your hallwatch.org membership and/or subscription if Hallwatch Inc. learns that you have provided false or misleading registration information.
Hallwatch Inc. reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) the Agreement; and/or (ii) your subscription(s) with or ability to access hallwatch.org and/or any other service provided to you by Hallwatch upon any breach by you of the Agreement.
Hallwatch Inc. may modify the Agreement from time to time in its sole discretion. Each time you log on to Hallwatch, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we will post the new agreement, along with modification date, on hallwatch.org.
Hallwatch Inc. may modify hallwatch.org with or without notice to you and without liability to you or any third party. If hallwatch.org is discontinued for any reason, subscribers may request a refund of a prorated amount of their current subscription cost.
You alone are responsible for the content of your messages, and the consequences of any such messages. Hallwatch Inc. reserves the right to terminate your service if it determines, in its sole discretion, that you are violating the following guidelines.
You agree not to use hallwatch.org to send or post on message boards or any place on hallwatch.org, any message or material that is unlawful, libelous, or defamatory. hallwatch.org reserves the right to delete any such material from the site.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of hallwatch.org or Hallwatch Inc. You further agree not to use an inappropriate member name of any kind.
You acknowledge that (i) hallwatch.org permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Agreement and applicable copyright, trademark and other laws govern your use of such content. You may not post to hallwatch.org, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on hallwatch.org is not protected by Rights rests with you. You acknowledge that hallwatch.org may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of hallwatch.org, including message boards, you grant Hallwatch a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on hallwatch.org retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS OR ANY OTHER AREA ON HALLWATCH.ORG, YOU HEREBY EXPRESSLY PERMIT HALLWATCH.ORG TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY HALLWATCH IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
If you think your Hallwatch bill is wrong, write Hallwatch Inc. as soon as possible. In order to issue a refund, we must hear from you within 30 days of the date of the transaction in question.
You may cancel your recurring 30 Day PayPal subscription at any time by bringing up your account page and clicking on the "unsubscribe" link. If you are logged in to Hallwatch, simply click the link labeled "yourname's account" in the upper right hand corner of your screen. Or you can go to:
http://www.hallwatch.org/myaccount
You may also request that Hallwatch cancel your subscription for you. Send a written request by US Mail to:
Hallwatch Cancellations
P.O. Box 25096
Philadelphia, PA 19147
Due to the possibility of fraud, requests to cancel subscriptions made by telephone or email will not be honored.
Allow ten days for Hallwatch to process your request. To speed your request, include the following information in your request:
After cancelling you may continue to use whatever remains of the 30 day period you have already paid for. At the end of the current 30 day billing period your subscription will expire and not be renewed.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Hallwatch Inc. of any unauthorized use of your subscription or password.
In the event you believe that material or content published on the hallwatch.org site may infringe on another's or your copyright, please send a detailed message to webmaster@hallwatch.org
YOU EXPRESSLY AGREE THAT USE OF HALLWATCH.ORG IS AT YOUR SOLE RISK. HALLWATCH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HALLWATCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
HALLWATCH MAKES NO WARRANTY THAT HALLWATCH SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT HALLWATCH.ORG WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HALLWATCH.ORG MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOOLS ON HALLWATCH. HALLWATCH INC. WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF HALLWATCH.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HALLWATCH.ORG IS 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 SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT HALLWATCH INC. DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. HALLWATCH INC. IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
HALLWATCH INC. SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN HALLWATCH. YOUR PARTICIPATION IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HALLWATCH INC., ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
HALLWATCH INC. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH HALLWATCH.ORG OR ANY TRANSACTIONS ENTERED INTO THROUGH HALLWATCH.ORG.
HALLWATCH INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE HALLWATCH.ORG OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH HALLWATCH.ORG OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF HALLWATCH INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold each of Hallwatch Inc., their affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of hallwatch.org, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to its conflicts of laws provisions. By registering for or entering Hallwatch, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Pennsylvania.
In the event that Hallwatch Inc. determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for the community of Hallwatch, Hallwatch Inc. reserves the right to (i) warn you via e-mail that you have violated the Agreement; (ii) delete any content provided by you or your agent(s) to Hallwatch; (iii) delete all content provided by you to Hallwatch; (iv) discontinue your subscriptions(s) with Hallwatch; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Hallwatch deems to be appropriate.
If your subscription(s) with or ability to access Hallwatch and/or any other service provided to you by Hallwatch is discontinued by Hallwatch due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access Hallwatch, and/or any other service provided by Hallwatch, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Hallwatch Inc. reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.
In the event that any provision of the Agreement conflicts with the law under which the Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of the Agreement will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement or to exercise any right under the Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Hallwatch may assign its rights and obligations under the Agreement and upon such assignment Hallwatch may be relieved of any further obligation hereunder.
This Agreement and any Additional Terms (as such terms shall be identified when posted on Hallwatch) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of the Agreement will, at the election of Hallwatch Inc., be deleted or modified to correct the defect and, regardless, the remainder of the terms of the Agreement will remain valid and enforceable.