Terms of Use

Happy Hudson Valley Terms of Use

1. GENERAL

Happy Hudson Valley (HHV) provides services through its websites, programs and listings including but not limited to classified advertising, forums, and email forwarding. (All such services are referred to collectively herein as "HHV.") By accessing or using HappyHudsonValley, you are a "user" and you accept and agree to the terms below (the "Terms of Use" or "TOU") as a legal contract between you and HHV. The TOU include and incorporate additional terms ("guidelines") applicable to particular categories or services available on craigslist as set forth to users upon access to such categories or services. HHV may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of happy Hudson valley.

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of Happy Hudson Valley, in which case any continuing access or use of HHV is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on HHV.

Happy Hudson Valley is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

The TOU grant you a limited, revocable, nonexclusive license to access Happy Hudson Valley and use Happy Hudson Valley, in whole or in part, including but not limited to HHV intellectual property therein, solely in compliance with the TOU.

"Happy Hudson Valley and "HHV" are trademarks of HHV and are protected by United States and international laws. The TOU do not authorize you to use any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with HHV.

2. MODERATION

HHV has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via HHV by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of HHV) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that HHV, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). HHV may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. HHV action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive HHV's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.

You also understand and agree that any action or inaction by HHV or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "HHV Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither HHV nor any HHV Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.

HHV also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of happy Hudson valley at any time without notice. HHV and HHV Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

3. CONTENT AND CONDUCT

a. Content

You are responsible for any/all content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from Happy Hudson Valley includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to Happy Hudson Valley would violate these TOU or HHV's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on craigslist and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.

You automatically grant and assign to HHV, and you represent and warrant that you have the right to grant and assign to HHV, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to HHV all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

You agree to indemnify and hold HHV and HHV Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by HHV or HHV Representatives.

b. Conduct

HHV does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to Happy Hudson Valley, and, if you create an account on Happy Hudson Valley, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold HHV and HHV Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to HHV or arising out of any conduct or activities on, through or by use of your Happy Hudson Valley account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by HHV or HHV Representatives.

4. POSTING AND ACCOUNTS

This section 4 applies to all uses and users of Happy Hudson Valley, unless HHV has specifically authorized an exception to a particular term for a particular user in a written agreement. HHV has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

a. Postings

Happy Hudson Valley is intended and designed as a local service. A user may post content only to the single specific geographic area for which that content is most relevant.

It is expressly prohibited for any third party to post content to Happy Hudson Valley on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

Affiliate marketing is expressly prohibited on Happy Hudson Valley. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

 

5. UNAUTHORIZED ACCESS AND ACTIVITIES

This section 4 applies to all uses and users of Happy Hudson Valley, unless HHV has specifically authorized an exception to a particular term for a particular user in a written agreement. HHV has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

To maintain the integrity and functionality of Happy Hudson Valley for its users, access to HHV and/or activities related to HHV that are harmful to, inconsistent with or disruptive of HHV  and/or its users' beneficial use and enjoyment of craigslist are expressly unauthorized and prohibited. For example, without limitation:

The collection of happy Hudson valley users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any copying, aggregation, display, distribution, performance or derivative use of Happy Hudson Valley or any content posted on Happy Hudson Valley whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access Happy Hudson Valley without individual written agreements executed with HHV that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant Happy Hudson Valley website, service, forum or content; (b) they access Happy Hudson Valley from a stable IP address using an easily identifiable agent; and (c) they comply with HHV's robots.txt file; provided however, that HHV may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access Happy Hudson Valley without their own written agreement executed with HHV), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

Any access to or use of Happy Hudson Valley to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Happy Hudson Valley (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

If you access Happy Hudson Valley or copy, display, distribute, perform or create derivative works from Happy Hudson Valley webpages or other HHV intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Happy Hudson Valley or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of HHV webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs are "technological measures" that effectively control access to copyright-protected components and rights of HHV pursuant to 17 U.S.C. § 1201.

Any effort to decompile, disassemble or reverse engineer all or any part of Happy Hudson Valley in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS

HHV and HHV Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

You agree to indemnify and hold HHV and HHV Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by HHV or HHV Representatives.

6. FEES

HHV may charge a fee to post content or for other features, products, services or licenses. You are responsible to HHV for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize HHV, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by HHV. Payments and purchases may not be canceled by the user, except as required by law. However, HHV reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

7. DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON HAPPY HUDSON VALLEY AND CONTENT ACCESSED THROUGH HAPPY HUDSON VALLEY IS ENTIRELY AT YOUR OWN RISK. HAPPY HUDSON VALLEY (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, CL ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF HAPPY HUDSON VALLEY AND CONTENT ACCESSED THROUGH HAPPY HUDSON VALLEY; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF HAPPY HUDSON VALLEY OR CONTENT ACCESSED THROUGH HAPPY HUDSON VALLEY; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF HAPPY HUDSON VALLEY OR CONTENT ACCESSED THROUGH HAPPY HUDSON VALLEY (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON HAPPY HUDSON VALLEY OR IN CONTENT).

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

8. LIMITATIONS OF LIABILITY

HHV AND THE HHV REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON HAPPY HUDSON VALLEY  OR CONTENT ACCESSED THROUGH HAPPY HUDSON VALLEY  BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO HAPPY HUDSON VALLEY  OR CONTENT ACCESSED THROUGH HAPPY HUDSON VALLEY , INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF HHV OR ANY HHV REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF HAPPY HUDSON VALLEY  OR CONTENT ACCESSED THROUGH HAPPY HUDSON VALLEY ; ANY INABILITY TO ACCESS OR USE HAPPY HUDSON VALLEY  OR CONTENT ACCESSED THROUGH HAPPY HUDSON VALLEY ; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF HAPPY HUDSON VALLEY OR CONTENT ACCESSED THROUGH HAPPY HUDSON VALLEY.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF HAPPY HUDSON VALLEY OR CONTENT ACCESSED THROUGH HAPPY HUDSON VALLEY  (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON HAPPY HUDSON VALLEY AND LINKS IN CONTENT ACCESSED THROUGH HAPPY HUDSON VALLEY).

You hereby release HHV and each of the HHV Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Happy Hudson Valley or content accessed through Happy Hudson Valley, or any interactions with others arising out of or related to Happy Hudson Valley or content accessed through Happy Hudson Valley.

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

9. INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of the TOU may cause HHV immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, HHV has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to HHV in law or in equity, HHV may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.

10. DAMAGES

In addition to any injunctive relief, you agree to pay to HHV the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to HHV.

11. MISCELLANEOUS

These TOU constitute the entire agreement between you and HHV and supersede any prior written or oral agreement. Other than the HHV Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.

Any and all claims, causes of action or disputes (regardless of theory) between you and HHV arising out of or related to the TOU, Happy Hudson Valley or content accessed through Happy Hudson Valley shall be governed by the laws of the State of New York without regard to conflict or choice of law principles. You and HHV agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of Orange, New York and you and HHV agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.

12. FEEDBACK

Comments on these TOU are welcome.