Terms of Service

Our Terms of Service was last updated October 22, 2024 

This website and the corresponding app are administered and maintained by Holloway Computing, LLC, a Virginia limited liability company ("Holloway Computing”). The terms "We", "Us" and "Our" also refer to Holloway Computing. The term “You” refers to the person visiting this website or using the Services, App, or Content (each defined infra). 

These Terms of Use (the “Terms”) govern Your access to and use of this website, www.hollowaycomputing.com, and any corresponding apps or extensions (collectively, the “App”) and associated content, software, and tools (collectively, the "Service"). These Terms also include our Privacy Policy, which is located at https://www.hollowaycomputing.com/privacy-policy. You may not use the Service or access the App if You do not agree to these Terms.

 

Please read these Terms carefully. They contain important information regarding Your legal rights, including limitations on Holloway Computing's and certain third parties' liability, disclaimers of warranties and a submission to jurisdiction and venue. Each time You access the Service through the App, You irrevocably agree to comply with the version of the Terms posted at this URL at the time You access this App.

Age Requirements

To access the App or use the Service, You must be at least 16 years of age.

License

You may only use the Service and access the App as expressly permitted by these Terms. All rights not expressly granted to You are reserved by Holloway Computing.

Holloway Computing provides images, information, and other content fed via API (collectively, the “Content”) through the App. You acknowledge that Holloway Computing and/or the API providers own the copyright, patent, and/or trademark in and to all Content under the laws of the United States and other countries, and have reserved all rights in and to such Content. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, developed, and applied through the expenditure of substantial time, effort, and investment by Holloway Computing. Subject to compliance with these Terms, Holloway Computing grants You a limited, revocable, non-exclusive, non-sub-licensable and non-transferable license to use the Service. You agree not to use the Service or any of the Content for any commercial purpose unless otherwise agreed to in advance in writing by Holloway Computing. You have no other rights to the Service or any Content, and You may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or Content in any manner.

If You breach any of these Terms, the above license will terminate automatically, and Holloway Computing reserves all additional rights at law and in equity. 

Prohibited Activities

You shall not:

  • Copy, modify or create derivative works of the Service, the App, or any Content;

  • Copy, manipulate or aggregate any Content (including data) for the purpose of making it available to any third party unless otherwise agreed to in writing by Holloway Computing;

  • Trade, sell, rent, loan, lease or license Your access to the Service, whether commercially or free of charge;

  • Use any data mining, crawling, "scraping", robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor, or copy any portion of the App or data provided by the Service unless expressly authorized by Holloway Computing in writing;

  • Make excessive requests for information or take any action that interferes with, disrupts, or imposes an undue burden on the App or any API, server or network connected to the App;

  • Introduce a virus, Trojan horse, worm, time bomb or other malware to the App or use any device, software, or routine to bypass any software or hardware that prohibits volume requests for information;

  • Violate, bypass, or circumvent any security measure intended to limit or prevent access to the App or Service; or otherwise attempt to gain unauthorized access to the App, Content or to any computer systems or networks connected to the Service or any Holloway Computing server, whether through hacking, password mining, unauthorized use of another's password/credentials or any other means;

  • Restrict, inhibit, or interfere with use of the Service by any other user (including by hacking or defacing the App);

  • Introduce or otherwise distribute through the App any computer program that damages, interferes with, intercepts, collects, releases, or discloses any of Holloway Computing’s systems, data, or the personal information of any third party;

  • Use the Holloway Computing trademarks, service marks, trade names or logos; or

  • Modify or remove any copyright, patent, trademark, or other proprietary notice in the Content;

  • Use the App, Content or Services for or in connection with any activity that violates any law, statute, ordinance, or regulation.

Intellectual Property

The App, is owned or controlled by Holloway Computing. All images and Content are fed to the App through TMDB’s API and belong solely to TMDB. 

Nothing contained in these Terms grants You any interest in or right to any of Holloway Computing's or any third-party's intellectual property. Subject to the terms of this Agreement, You may view and use the Content provided by the Services through the App for Your own personal use. You may not, and shall not, copy, reproduce, download, "screen scrape", store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease or otherwise use exploit any information related to the App, or the Content, in whole or in part, in any way that does not comply with these Terms without Holloway Computing’s prior written permission.

Holloway Computing, its logo, and all of Holloway Computing’s product or service names or slogans displayed in connection with the Service are trademarks of Holloway Computing (the “Holloway Computing Marks”).  You may not copy, imitate, or use the Holloway Computing Marks, in whole or in part, without the prior written permission of Holloway Computing. The look and feel of the Service, including all colors, designs, interfaced, page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Holloway Computing and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Holloway Computing.  All other trademarks, company names, or logos mentioned in the Service are the property of their respective third-party owners.

You acknowledge and agree that Your infringing use of Intellectual Property would cause immediate and irreparable harm to Holloway Computing, for which monetary damages would not be sufficient, and that, in addition to all other remedies available to Holloway Computing at law or in equity, Holloway Computing shall be entitled to seek injunctive relief without proof of damages or the posting of bond or other security in the event of such a breach or threatened breach.

Outbound Links, Reviews, or Other References to Third Parties

Links, reference to, or mention of any companies, products, services, tools, or other educational or informational content, by trade name, trademark, supplier, web address, or otherwise does not constitute or imply Holloway Computing’s endorsement, sponsorship, or recommendation. 

Your use of all links to third-party websites is at Your own risk. Our terms and policies do not govern Your use of third-party websites, nor do we monitor third-party websites. To the extent such links are provided on the App, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, sponsorship of, or affiliation with, such third-party website(s).

Linking to Holloway Computing

You may place one or more links to the Service (collectively, the “Link”) on Your own website (“Your Site”), provided that Your Site does not create the false impression that you, Your Site or any other website, service, person, or entity is associated with, sponsored by, partnered with, or otherwise endorsed by Holloway Computing. 

User Feedback

If You send or transmit any communication, including but not limited to feedback, questions, comments, or suggestions to Holloway Computing, whether by letter, email, telephone, other form of direct message, or otherwise (collectively, “Feedback”), all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign to Holloway Computing all right, title, and interest in any ideas, concepts, know-how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever,  including but not limited to enhancing the Service or Apps or otherwise developing, manufacturing, licensing, marketing and selling products and services based on or containing such Feedback, without any attribution or compensation to you. You also understand and agree that Holloway Computing is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

This section does not apply to Personally Identifiable Information (PII), which is governed by the terms of our Privacy Policy.

Disclaimers and Limitation of Liability

THE CONTENT ON THE SERVICE IS STRICTLY FOR INFORMATIONAL PURPOSES. YOU ASSUME ALL RISK OF DAMAGE OR LOSS RESULTING FROM THE USE OF THE PLATFORM, THE SERVICES, AND THE CONTENT.

THE CONTENT IS “AS-IS,” AND MAY INCLUDE INACCURACIES OR ERRORS. Holloway Computing DOES NOT REVIEW ALL CONTENT FOR ACCURACY, COMPLETENESS OR RELIABILITY, AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY, OR INTEGRITY OF THE PLATFORM, SERVICE OR ANY CONTENT, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SERVICE, PLATFORM, OR THE CONTENT. HOLLOWAY COMPUTING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE PLATFORM, SERVICE, AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOLLOWAY COMPUTING MAKES NO REPRESENTATIONS THAT THE PLATFORM, SERVICE, AND CONTENT WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM, OR OTHER DATA OR INFORMATION. HOLLOWAY COMPUTING DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS PLATFORM, SERVICE, CONTENT, HOLLOWAY COMPUTING’S  SERVERS, DATABASE, API, OR ANY EMAIL SENT FROM HOLLOWAY COMPUTING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOLLOWAY COMPUTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY PLATFORM, SERVICE, AND CONTENT; (II) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSS OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE PLATFORM OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, SERVICE, OR CONTENT BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN THE PLATFORM, SERVICE, OR CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM OR SERVICE; AND/OR (VII) THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY USING THE PLATFORM.

IN NO EVENT SHALL YOU HOLD HOLLOWAY COMPUTING (AND ITS RESPECTIVE OFFICERS, FOUNDERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE PLATFORM, SERVICE, OR CONTENT OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE PLATFORM, SERVICE, OR CONTENT; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, THIRD PARTY SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM, SERVICE, OR CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE PLATFORM, SERVICE, OR CONTENT WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF HOLLOWAY COMPUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY'S LIABILITY WILL BE LIMITED TO THOSE ACTUAL DAMAGES DIRECTLY RELATED TO THE BREACH OF THIS AGREEMENT. 

Accuracy of Information

Holloway Computing provides all information “as is.”

You agree to hold Holloway Computing harmless for any missing, delayed, or incorrect Content or other information available on the Apps or through the Services, as well as any missing, delayed, or incorrect Content or other information linked to or referenced by Holloway Computing. You understand that You are using any and all information available here at Your own risk.

App, Service, and Content are "AS IS" and "AS AVAILABLE"

The App, Service, and Content are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects and without warranty of merchantability and/ or any other warranty of any kind. Neither Holloway Computing nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Holloway Computing are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

To the maximum extent permitted under applicable law, Holloway Computing expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Holloway Computing provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Indemnification

Except to the extent prohibited under applicable law, You shall indemnify, defend and hold harmless Holloway Computing and its members, managers, directors, officers, founders, advisors, investors, employees, partners, consultants, contractors, service providers, agents, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties, whether threatened or actual, and all losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys' fees) arising out of, relating to or in connection with: (i) Your use (or misuse) of and access to the App, Service, and Content; (ii) Your violation of any of these Terms; (iii) Your violation of any applicable law, rule or regulation; (d) any claim that any information provided by You to Holloway Computing in connection with the App, including the Content, caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (iv) any dispute that You have with any third party relating to or in connection with the Service or Content. Holloway Computing reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event You will fully cooperate with Holloway Computing in asserting any available defenses and in the conduct of such defense.

Changes to or Discontinuation of the Services, App, or Content

At any time and in Holloway Computing's sole discretion, Holloway Computing may (in whole or in part) modify, suspend, or discontinue the Service and/or modify the App and any Content without notice.  You shall not hold Holloway Computing liable for the effects of any such modification, suspension or discontinuance.

Account Termination

If You violate these Terms, Holloway Computing may, at our sole discretion, suspend, terminate, or block Your access to the App and all Services (in whole or in part) without notice. The remedies available to Holloway Computing in these Terms are cumulative and in addition to any others available to Holloway Computing.

Reporting

Holloway Computing reserves the right to report any activity, data, or persons to, and otherwise cooperate with: (i) law enforcement authorities; (ii) system administrators at Internet service providers, networks, or computing facilities; and (iii) providers and/or third-party vendors if we suspect that You have violated these Terms or any law, rule, or regulation. You acknowledge that such reporting or cooperation may include, without limitation, providing information relating to You and/or Your use of the Service, including without limitation Your email address, IP address or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors, or system administrators. Further, we may disclose any information we think necessary to comply with applicable law, regulation, subpoena, or other legal process or governmental or regulatory request.

Entire Agreement

These Terms (and any other terms or agreements referenced herein, including our Privacy Policy, which is located at https://www.hollowaycomputing.com/privacy-policy), constitute the entire agreement between You and Holloway Computing relating to Your use of the Service and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between You and Holloway Computing with respect to the Service.

Modifications to Terms

We may revise these Terms from time to time, without prior notice. You are bound by any changes to these Terms upon our posting of such changes on the Service. You should check this URL often for the most current Terms that apply to Your use of the Services, App, and Content.

Force Majeure

In no event shall Holloway Computing be responsible or liable for any fault, failure, or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications, or computer (software and hardware) services.

Non-Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by You. Any attempted transfer or assignment by You in violation hereof shall be null and void. Holloway Computing may assign this Agreement and the associated rights without restriction.

Severability

If any provision of these Terms, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed (i) superseded by valid and enforceable provisions that, to the extent possible, fulfill the business purposes and intent of such invalid and unenforceable provisions, or (ii) in the event the term cannot be modified, it shall be severed from the remainder of the Agreement and all remaining terms shall exist in full force and effect.

Governing Law, Jurisdiction, and Venue

These Terms and any and all claims, disputes, or other legal proceedings, including but not limited to any claims or disputes that are in any way related to or arising out of these Terms, the Service, or Your use of or access to the App and the Content thereon, shall be governed by and construed in accordance with U.S. federal law and the laws of the State of Virginia, without regard to any principles of conflicts of law. You agree that any action arising out of, relating to or in connection with the Service, and/or these Terms shall be litigated solely in a state or federal court of competent jurisdiction located in Richmond, Virginia, and You further irrevocably submit to the exclusive jurisdiction of such court and waive any objection to jurisdiction and venue including on the basis of forum non-conveniens.

Contact

For additional information regarding these Terms, please contact legal@hollowaycomputing.com.