TERMS OF USE

Welcome to HudsonValleyCreamery.com (“Website”). The Website is owned and operated by Hudson Valley Creamery, LLC, and its affiliated entities (individually or collectively “HVC” or “the Company”), 2986 US Route 9, Hudson, New York 12534.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU ARE AGREEING TO COMPLY WITH THE TERMS OF USE. WE MAY CHANGE THE TERMS OF USE AT ANY TIME AT OUR SOLE DISCRETION AS SET FORTH IN SECTION X BELOW AND YOUR CONTINUED USE INDICATES YOUR AGREEMENT TO ANY MODIFICATIONS, CHANGES, OR AMENDMENTS.

        I.            INTELLECTUAL PROPERTY

The Website and included content and any derivative works or enhancements of the same including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, “Website Content”) and all intellectual property rights to the same are owned by HVC. You acknowledge that all content and materials available on this Website, including trademarks, service marks, trade names and trade dress, are protected by national and international intellectual property rights, trade secrets, know-how or other proprietary and privacy rights and laws and/or communications regulations and statutes and/or treaty provisions, all of which along with this Website are owned by HVC. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved. The Company neither warrants nor represents that any materials displayed on this Website will not infringe the rights of third parties not owned or affiliated with HVC.

 

      II.            ACCESS AND USE

A.      Access to the Website including, without limitation, the Website Content is provided for your information and personal, lawful, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in the Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from HVC or, in the case of third-party content, its respective owner.

B.      Except as expressly permitted in these Terms of Use, you may not:

1.       Remove, alter, cover, or distort any copyright, trademark or other proprietary rights notice on the Website or Website Content;

2.       Circumvent, disable, or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website or Website Content;

3.       Use an automatic device (such as a robot or spider) or manual process to copy, scrape or mine or deep link the Website or Website Content or complete any form for any purpose without the express written permission of HVC. Notwithstanding the foregoing, HVC grants public search engine operators with permission to use automatic devices to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission at any time;

4.       Collect or harvest any personally identifiable information from the Website including, without limitation, usernames, passwords, and email addresses;

5.       Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;

6.       Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;

7.       Decompile, reverse engineer, or disassemble any portion of any the Website;

8.       Use network-monitoring software to determine architecture of or extract usage data from the Website;

9.       Encourage conduct that violates any federal, state, or local law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s membership without permission, etc.);

10.   Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or

11.   Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

You agree to cooperate fully with HVC to investigate any suspected or actual activity that is in breach of these Terms of Use.

C.      If you are under the age of thirteen, then you are not authorized to use or view the Website By visiting the Website, you represent, warrant, and covenant that you are at least 13 years of age.

 

    III.            USER CONTENT

A.      We may now or in the future permit users to post, upload, transmit through or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

B.      You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

C.      You represent, warrant, and covenant that you will not submit any User Content that:

1.       Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other third party right of any person or entity;

2.       Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable;

3.       Encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;

4.       Is an advertisement for goods or services or a solicitation of funds;

5.       Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;

6.       Contains a formula, instruction, or advice that could cause harm or injury;

7.       Is a chain letter of any kind;

8.       The licensed use by us of which would result in us having any obligation or liability to any party; or

9.       In our sole discretion, restricts, or inhibits any other user from using or enjoying the Website.

D.      By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully licensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish, and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media, or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users with permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish, and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use. The granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you.

E.       By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online or other use or publication of your User Content.

F.       We reserve the right to display advertisements in connection with your User                Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

G.      We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Website and we have no obligation to return your User Content or otherwise make it available to you.

H.      The rights granted by you hereunder may not be terminated, revoked, or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to Hudson Valley Creamery, LLC, 2986 US Route 9, Hudson, New York 12534 and admin@hvcreamery.com.

 

   IV.            CONTENT AND THIRD-PARTY SITES

A.      We provide the Website including, without limitation, Website Content, for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on the Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.

B.      In some instances, Website Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse or warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than HVC’s authorized employees or spokespersons while acting in their official capacities.

C.      The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse and we do not in any way warrant the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or its website. We reserve the right to terminate any link or linking program at any time, without notice.

 

      V.            INDEMNIFICATION. You agree to indemnify and hold harmless HVC, and its employees, officers, managers, directors, agents, distribution partners, affiliates, and subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you; (iii) any actual or alleged violation or breach by you of the Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts, omissions, or misuse of the Website. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

 

    VI.            DISCLAIMERS. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. HVC DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED. Because some jurisdictions do not allow the DISCLAIMER OF IMPLIED WARRANTIES, SOME OF the LIMITATIONS MAY NOT APPLY. The company does not represent or warrant that the Website will be available at any time or location, THAT IT is free of errors or that you will achieve successful results from following any instructions or recommendations. The Company assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other equipment or other property due to your access to, use of or browsing in or downloading from the Website.

 

  VII.            LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES SHALL HVC, AND ITS EMPLOYEES, OFFICERS, MANAGERS, DIRECTORS, AGENTS, DISTRIBUTION PARTNERS, PARENT, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY ON THE WEBSITE. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

 

VIII.            TERMINATION                                                                                                           

 

A.      We reserve the right in our sole discretion and at any time to suspend, terminate, or block your access to the Website for any reason including, without limitation, if you have failed to comply with the letter and spirit of the Terms of Use. You agree that HVC shall not be liable to you or any third party for any suspension, termination, or blocking of your access to the Website.

B.      Any suspension, termination, or blocking of your use of this Website shall not affect your obligations to us under the Terms of Use. The provisions of the Terms of Use shall survive, including but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to the choice of law.

               

    IX.            Applicable LAW AND JURISDICTIONS. The Terms of Use shall be governed by and construed in accordance with the laws of the United States of America and the internal laws of the State of New York without giving effect to any principles of conflicts of law. Any legal action or proceeding relating to the use of this Website shall be initiated in a State or Federal court in New York. You agree to submit to the jurisdiction of, and accept that the venue is proper in, these courts. HVC makes no representation that information on the Website is appropriate or available for use in other locations. By choosing to access the Website from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. You may not use any information or material from this Website in violation of any applicable laws or regulations.

 

      X.            AMENDMENT; ADDITIONAL TERMS

A.      We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify the Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

B.      Modifications to the Terms of Use or Additional Terms will be effective immediately upon notice by posting on the Website. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of the Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, your only recourse is to immediately discontinue use of the Website.

    XI.            MISCELLANEOUS

 

A.      Any delay or failure on the part of us to exercise or enforce any rights under the Terms of Use to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of the Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

B.      The Terms of Use (including the Additional Terms and the Privacy Policy published elsewhere on the Website and incorporated herein by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

C.      You may not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.

If you have any questions or wish to contact us for any reason, you may email us at admin@hvcreamery.com.

 

Updated as of April 8, 2021