Last modified: October 15, 2014
This web site, HudsonValleyNightlife.com, (the “Site”) is an information service whose purpose is dedicated to providing information about entertainment and venues in the area. The Site is owned and operated by Hudson Valley Nightlife, LLC (“HVN”).
These terms and conditions describe your responsibilities and limit our liability, among other things. Please read it carefully before submitting a registration form or using the Site or any of the services offered on or through the Site.
Acceptance of Terms
HVN makes available to you on the Site certain text, photo, graphic, audio and/or video material (collectively, the “Materials”) and various products and services and information about products, services, and events sponsored by HVN (collectively, the “Services”), subject to the terms and conditions set forth in this document (the “Terms”). By accessing or using this Site or by clicking a box that states you agree to the Terms, which includes your access to or use of any of the Services, you agree to be bound by the Terms. HVN reserves the right to change the Terms from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms posted on the Site at the time of such use. If you do not agree to be bound by the Terms, do not use the Site or any of our Services.
Copyright © 2009-2014, Hudson Valley Nightlife, LLC. All Rights Reserved.
The Materials and Services on or offered through this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services is prohibited. Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced, copied or distributed in any form or by any means without the prior written permission of HVN.
Registration Information and Other Submitted Information
Registered users of the Site may be permitted to transmit messages, questions, data, feedback, information, ideas, opinions, images, audio, video, creative works, or other information or material (collectively referred to as “Submitted Content”) on the Site. You are solely responsible for the content of any Submitted Content uploaded by you to the Site. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. You hereby represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it the Site under the Terms. If HVN determines, in its sole discretion and judgment, that your Submitted Content violates, or may violate, any of the Terms, HVN reserves the right to (a) refuse to allow you to upload Submitted Content; (b) remove and/or delete your Submitted Content; and/or (c) revoke your right to use the Site. In the event that any of your Submitted Content qualifies for copyright protection, you hereby irrevocably assign, transfer and convey any and all rights (under copyright and otherwise) you may have in such Submitted Content to HVN.
Consent to Aggregate Use of Information
When you provide us with your mobile phone number, you agree that HVN may send text messages (including SMS and MMS) to that phone number. We will send you up to 8 messages per month. You will receive a confirmation text message, and you may need to reply as instructed to complete registration. Message and data rates apply.
You may opt-out at any time by texting the word STOP to shortcode 31996. You agree to receive a final text message confirming your opt-out. For help, send a text message with the keyword HELP to short code 31996.
Texts may be sent through an automatic telephone dialing system. You agree to notify us of any changes to your mobile number and update your account us to reflect this change. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
HVN will never charge you for the text messages you receive. You may be subject to message and data rate charges from your mobile provider, though, so be sure to check your plan.
This Site may contain links to third-party Web sites that are not under the control of HVN. HVN makes no representations or warranties whatsoever about any other Web site to which you may have access through this Site. When you access such linked sites, you do so at your own risk and HVN is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource.
Warranties and Disclaimers
Use of this Site, the Materials, and/or the Services included herein and therein, are at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.
Please be advised that HVN has not performed any background checks on or any other investigation, screening or verification of any persons registering for or participating any events listed on the Site and HVN takes no responsibility for the character, actions, omissions of any person attending or for anything that may occur or fail to occur at such events or at subsequent meetings between persons who meet at or by reason of an event listed on our Site.
All Materials and Services provided on or through this Site, including events operated by HVN, if any, are provided “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to any warranties of title or warranties of merchantability or fitness for a particular purpose. In no event shall HVN be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever arising out of or in connection with the use of this Site or of the Materials or Services, including participating in any HVN event.
You agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the Terms. You further agree that you will defend, indemnify, and hold harmless our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of our services, including any breach by you of these Terms.
HVN does not warrant that: (1) this Site or any Materials or Services will be uninterrupted or error free; (2) defects in the Site or any Materials or Services will be corrected; (3) this website or any Materials or Services will be free from viruses or other harmful components; or (4) any information contained in this Site, the Materials or the Services will be accurate or reliable.
Limitations on Liability
Notwithstanding anything to the contrary in the Terms, you are exclusively liable for any and all Submitted Content you transmit to the Site.
In no event shall HVN be liable for any breach in transaction security caused by a third-party arising out of or relating to any attempt to purchase products, merchandise, tickets or Services.
In no event shall HVN be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the use of or inability to use this Site including, but not limited to, any transactions for products, tickets or Services. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if HVN has been advised of the possibility of such damages.
Right to Refuse
HVN may, at its sole discretion (a) refuse to allow you register for the Site or to participate in any event anytime and/or (b) revoke your right to use this Site, for any reason, without explanation, effective upon verbal or written notice.
Items that qualify for shipping will be shipped via UPS or Fedex. Shipping charges will be based on carrier rates and shall be charged to the purchaser of such item unless otherwise specified.
ALL SALES ARE FINAL. PROCESSED ORDERS MAY NOT BE CANCELLED. EXCHANGES ARE NOT PERMITTED.
In the case of an event cancellation, refunds will be issued for the base ticket price only. The service charge is NOT refundable.
Refunds will NOT be issued for circumstances out of our control, including but not limited to: medical emergencies, inclement weather, transportation delays, natural disasters, police activity, long lines, delayed entry.
Event locations and performers are subject to change without notice and are NOT grounds for a refund.
Decisions of event management and staff are final. Refused entry or ejection are NOT grounds for a refund.
These Terms may be modified by HVN by posting the new terms and conditions in the same location the previous terms and conditions were posted.
HVN’s failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right. In the event that a portion of these Terms is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
HVN will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of cause beyond the reasonable control of HVN.
This Site (excluding external links) is controlled by HVN from its offices within New York State. By accessing this Site, you agree that the statutes and laws of New York State, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site, any Materials or Services and these Terms. New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. HVN will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of these Terms.
The headings at the beginning of each of the paragraphs hereof are for reference only and shall not affect the meaning or construction of these Terms.