Terms of Use

Terms of Use

Welcome to Hudson Valley Weather!

These Terms of Use (“Terms”) govern your rights and obligations regarding the use of Hudson Valley Weather’s Software (“Software”) and service (both collectively referred to as the “Service”) on the Internet or in cellular media. These Terms constitute a fully binding agreement between Hudson Valley Weather Mobile Ltd. (including its affiliates and subsidiaries, “Hudson Valley Weather” or “We”) the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.

By using the Hudson Valley Weather Service, you signify your assent to these Terms;

  1. Hudson Valley Weather’s privacy policy (“Privacy Policy”); and

all of which are an integral part of these Terms.

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.

KEY POINTS

The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Hudson Valley Weather..

  • Weather information and conditions prevails. The information provided by the Service is not intended to replace the current weather observation derived from the  National Weather Service information.
  • Cautious Reporting. Always submit all information vigilantly according to current weather conditions. It is strictly forbidden to send weather updates while driving or outside within dangerous weather conditions that can cause bodily harm, dismemberment or death not limited to down powerlines, severe wind, lightning,  cold, heat, and others 
  • Non-continuous updates. The information provided by the Service originates from other users of the Service. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. Hudson Valley Weather does not provide any warranties to such information’s credibility or reliability.
  • Location-based Service. Some features of the Service make use of detailed location and street information applied by Google Maps, for example in the form of GPS signals and other information sent by your mobile device on which the Hudson Valley Weather application is installed and activated. These features cannot be provided without utilizing this technology. Please note, as described in detail in the Privacy Policy:
    • Hudson Valley Weather uses your location and route information to create a detailed history of all of your journeys made when using the Service. Hudson Valley Weather uses this history to offer the Service to you, to improve the quality of the Service it offers to you and to all of its users, to improve the accuracy of its mapping and navigation data, and more as described in detail in the Privacy Policy. This history is associated with your account and username (if you have chosen to set up a username). This history is retained by Hudson Valley Weather for a limited period of time and in accordance with the Privacy Policy.
    • Hudson Valley Weather allows you to use the Service whether or not you choose to set up a username for yourself. If you choose to use the Service without setting up a username you may do so by skipping the username setup stage of the application installation process. Hudson Valley Weather will still link all of your information with your account and a unique identifier generated by Hudson Valley Weather in accordance with the Privacy Policy. Note that in order to access certain features of the Service (for example map editing, ranking, moods) you will need to set up a username.
  • Advertisements. Third party advertisements may appear on the Service from time to time. Hudson Valley Weather does not endorse these advertisements.
  • The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
  • Free Software. The Service utilizes Software for map displays, updates and all information. With respect to some cellular telephone devices running the Software, the Software is a free-software. In such cases you may redistribute the Software or modify it in accordance with the GNU General Public License as published by the Free Software Foundation, whether it is version 2.0 of the license or any later version of your choice. For further information, see the GNU General Public License. The Service, its database, 
  • Privacy. Your privacy is important to us. While using the Service, personal information may be provided by You or collected by Hudson Valley Weather as detailed in our Privacy Policy. The Privacy Policy explains our practices pertaining to the use of your personal information and we ask that you read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Hudson Valley Weather, subject to this section, the Privacy Policy and any applicable laws and regulation.

WHAT IS THE SERVICE

The Service allows users to post weather conditions and power outage reports to the custom Hudson Valley outage map.   

USING THE SERVICE

You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Hudson Valley Weather. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.

You may not copy, print, save or otherwise use data from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.

When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Hudson Valley Weather.

The Software may not be used in any way that is not expressly permitted by these Terms.

USE RESTRICTIONS

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Hudson Valley Weather’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person:

(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them;

(ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Hudson Valley Weather’s prior written consent;

(iii) create a browser or border environment around the Content (e.g. no frames or inline linking);

(iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;

(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;

(vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

(viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site;

(ix) frame or mirror any part of the Service and/or Site without Hudson Valley Weather’s prior express written authorization;

(x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site;

(xi) forward any data generated from the Service and/or Site without the prior written consent of Hudson Valley Weather;

(xii) transfer or assign your Service accounts’ password, even temporarily, to a third party;

(xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose;

(xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without Hudson Valley Weather’s express prior written consent; or

(xv) infringe or violate any of these Terms.

TERMINATION OF USE OF THE SERVICE

You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Hudson Valley Weather of such termination. However, if you would also like for Hudson Valley Weather to delete your Hudson Valley Weather account and your personal information contained in the account, please use the “Delete Account” function in the in app Privacy Settings or Account & Sign in Settings. On receiving such a request, Hudson Valley Weather will use reasonable efforts to delete such information, however please note that information may not be deleted immediately from our back-up systems. For more information, please read our Privacy Policy.

Hudson Valley Weather retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Hudson Valley Weather deems appropriate, at its sole and absolute discretion.

USER CONTENT

The Service allows all users of the Software to submit and post information and content to other users (“Content”). Content is separate from third party sponsored advertisements that may appear on the Service. Content can include, for example, map and road updates, traffic congestion updates, road accidents, etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.

ALWAYS POST VIGILANTLY ACCORDING TO WEATHER CONDITIONS AND IN ACCORDANCE WITH YOUR PERSONAL SAFETY. IT IS STRICTLY FORBIDDEN TO SEND ANY CONTENT WHILE DRIVING OR OUTSIDE IN DANGEROUS CONDITIONS. 

FORBIDDEN POSTS

It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to Hudson Valley Weather, the Service, or Hudson Valley Weather’s products, and such Content strictly complies with these Terms.

When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:

  • is diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks; poses a risk to a person’s
  • safety, security or health; identifies other persons without obtaining such person’s express written consent to the disclosure of their personal
  • information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;
  • is unlawful, defamatory, libelous or invades the privacy of others; is harassing, offensive, threatening or vulgar; is characterized by, or that
  • encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
  • encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
  • promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;
  • falsely expresses or implies that such content is sponsored or endorsed by Hudson Valley Weather.
  • Reporting of false or misleading information

The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.

Hudson Valley Weather may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Hudson Valley Weather or any of its agents or affiliates. In such cases, Hudson Valley Weather may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to Hudson Valley Weather by any law.

RIGHTS IN CONTENT

When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Hudson Valley Weather to publish the Content and exploit all intellectual property rights in and to the Content. Hudson Valley Weather receives no ownership rights in and to the Content that you submit. However, by submitting Content to Hudson Valley Weather, you hereby grant Hudson Valley Weather and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to Hudson Valley Weather in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Hudson Valley Weather’s sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless Hudson Valley Weather provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize Hudson Valley Weather to be your agent).

EXAMINATION OF CONTENT

Hudson Valley Weather may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. Hudson Valley Weather does not normally utilize its right to monitor Content and does so only in rare cases.

Hudson Valley Weather retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. Hudson Valley Weather does not guarantee that all Content will be published, in general or for any limited time.

Content submitted by users for publication does not reflect the views of Hudson Valley Weather. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

COPYRIGHT

All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Hudson Valley Weather or its affiliates or are exclusively licensed to Hudson Valley Weather. The Service is protected, among others, by the Israeli Copyright Law, 2007 as well as by applicable copyright provisions prescribed by any other law, in Israel and elsewhere.

“Hudson Valley Weather”, the Hudson Valley Weather logo, and other trade and/or service marks are the property of Hudson Valley Weather or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Hudson Valley Weather.

The design, trade dress, and the ‘look and feel’ of the maps of the Site and the Service are protected works under applicable copyright laws and Hudson Valley Weather and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software. You may not copy or print more than one copy of any data or material appearing on the Site.

Hudson Valley Weather may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Hudson Valley Weather’s rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Hudson Valley Weather to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.

LIMITATION OF LIABILITY AND WARRANTY

HUDSON VALLEY WEATHER PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

Additionally and without derogating from the above clause, Hudson Valley Weather disclaims any warranties relating to the accuracy of the maps, Content, weather  conditions presented or displayed in or by the Service. For instance, weather reporting may be depicted as faulty or inaccurate Content or reports. Such errors and omissions are inherent to any community-based service that operates on users’ posts and on the information provided by them.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. 

THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED BY OTHER POSTERS OR THE NATIONAL WEATHER SERVICE.

Hudson Valley Weather exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Hudson Valley Weather’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Hudson Valley Weather or any of its providers.

HUDSON VALLEY WEATHER, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE

The Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”). The Ads may pop up or be displayed on the Service maps from time to time. Hudson Valley Weather may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, Hudson Valley Weather cannot and does not guarantee the reliability or accuracy of third party Ads. Hudson Valley Weather does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, Hudson Valley Weather will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.

It is underscored that the advertising of commercial content by Hudson Valley Weather does not constitute a recommendation or encouragement to procure the goods or services advertised.

Software includes links to services or applications not operated or managed by Hudson Valley Weather, Hudson Valley Weather will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Hudson Valley Weather will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.

BREACH AND INDEMNITY

Without derogating from any applicable law, you agree to indemnify and hold harmless Hudson Valley Weather and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Hudson Valley Weather, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.

PRIVACY

Hudson Valley Weather respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software and the Service is readily accessible at our Privacy Policy and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

MODIFICATIONS TO THE SERVICE AND SOFTWARE

Hudson Valley Weather may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Hudson Valley Weather for applying such changes or for failures incidental to such changes.

TERMINATION OF SERVICE

Hudson Valley Weather may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.

MODIFICATIONS OF THESE TERMS

Hudson Valley Weather may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.

GOVERNING LAW AND JURISDICTION

These Terms, the Software and the Service will be governed solely by the laws of the State of New York, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in New York State

LIMITATIONS

Should you desire to file any cause of action against Hudson Valley Weather, arising out of or related to the Hudson Valley Weather Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.

ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights in and to the Service, without the prior written consent of Hudson Valley Weather. Hudson Valley Weather may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Hudson Valley Weather’s obligations to you under these Terms.

COMPLETE TERMS

These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the Copyright Policy, shall all constitute the entire and complete agreement between you and Hudson Valley Weather concerning the Hudson Valley Weather Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.

NO LEGAL RELATIONSHIP

These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Hudson Valley Weather Service, its contents, maps and any other data.

CONTACT US

You may contact us concerning any question about the Service, through the channels listed on the “About” menu in the Software or through the “Contact Us” page. We will make our best efforts to address your inquiry promptly.

 

Privacy Policy