Terms used:

• You: You, the user of our website and our valued customer.
• We: Blue Pumpkin, LLC, and by proxy the Hey-AI! team.
• Owner: The legal owner of the Hey-AI! community, namely Blue Pumpkin, LLC
• HA: All pages and services provided through the website under the domain „hey-ai.com“ as well as all sub-domains thereof. The same applies for direct access through the servers IP address.
• Profile: An associated collection of your data, namely unique identification number (user ID), username, password, e-mail address used during registration, current e-mail address, IP address used during registration, subsequently used IP addresses, ban as well as unban dates. Additionally, your profile can contain further information you voluntarily added, i.e. real name, pictures, interests, home town, spoken languages, et cetera.
• Moderator/Mod: A user of our website with special permissions for community moderation, including but not limited to: (un)blocking/(un)banning of users and contributions, moving/(un)deleting user contributions.
• Administrator/Admin: A user of our website with special permissions in the service infrastructure, including but not limited to: mod permissions, user deletions, changing of user password, direct access to databases.

By using our service, you agree to refrain from inflicting damages to us, be it by your own actions, or such that may result in a third party inflicting such damages.

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Scope

The herein provided terms and conditions are valid for the entirety of HA.

United States law applies. By using HA you agree to Kailua-Kona, HI being the place of jurisdiction.

The source codes of HA are, if not stated otherwise, the owner’s property.

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Links, Forum and Intellectual Property

We do not have any influence on the contents of linked third party websites and services. Links that are posted by the owner did not contain illegal contents by the time of linking. We are unable to control current and future changes of such contents.

We do not claim responsibility for links posted by third parties, namely you and other users of HA. We explicitly distance our self from such links. Liability for such links lies with the posting user.

Any contribution within the forum represents the posting user’s opinion. We at no time claim these opinions. The posting user may have a different opinion at a later time without updating their contribution.

We repudiate any guarantee for topicality, correctness, completeness, quality, grammatic or lexic correctness, or the political correctness of contributions. We reserve the right to edit contributions, remove parts thereof, or delete entire contributions without prior notice. The same is true for collections of contributions and entire forum topics.

Availability of the forum may be interrupted or ceased at any time. We do not provide an availability guarantee.

Due to the number of users and their contributions we are unable to preemptively check all contributions for infringing contents. However, we reserve the right to delete contributions as soon as we learn that they are in violation of the law. The owner may disclose your personal data to trademark/copyright owners as well as law enforcement authorities without notifying you. You explicitly grant permission for us to do so.

Any trademarks and copyrighted content within user contributions remain untouched. It is your responsibility to verify that you are allowed to post such contents and appropriate them. This is also true for avatar images, forum signatures, et cetera. You will be liable for copyright/trademark infringements.

By posting contents into HA forums, message boards or user profiles, you acknowledge that such content can be quoted by other users. Quoting users may alter quoted contents, making automatic identification of quotes impossible. Therefore, you agree that you concede all claims with respect to quotes as it is unreasonable for us to manually search the entire database for such contents.

Copyright and Ownership of your contributions remains with you. You may delete your own contributions at any time. Deleted contents are no longer available for public access. However, unless removed by a mod or admin, the content remains stored within our database.

We consider it unreasonable to constantly query whether contents have become subject of posted copyright and/or trademark in the time passed since the original posting. As soon as we are made aware of infringements, we will delete content.

If you see a violation of your copyright/trademark, you agree to contact the owner with a three month notice before initiating legal actions.

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Privacy and User Accounts

In order to facilitate our services, especially providing user sessions, our server utilizes Cookie technology. HA is available with limited quality only if you refuse Cookies, namely session-based services (Forum, your profile, et cetera) are unavailable.

Where ever you are able to post personal information (name, e-mail address, et cetera) within HA, you do so willingly and voluntarily. Our services are available without disclosing personal information to the public. However, you must identify yourself towards us (username, password, e-mail address, IP addresses at registration and during subsequent utilization of our services). We may ask you to verify your identity, especially if we suspect infringing use of copyrighted material (e.g., avatar image).

In order to use our services, you must create a user profile. You must activate your profile after registration by clicking a link in a confirmation e-mail sent to the e-mail address you used for registration. Any profile not activated within three days after registration is subject to irreversible deletion.

You may create exactly one profile on HA. Additional profiles are subject to immediate and irreversible deletion. Maliciously creating multiple profiles may lead to your permanent exclusion from HA.

You are obliged to ensure that the e-mail address associated with your profile is constantly available. Should an e-mail address be inaccessible (i.e., bounce) repeatedly over a period of two weeks, the corresponding profile is subject to immediate and irreversible deletion. Banned profiles are exempt.

We reserve the right to delete profiles without prior notice at any time. You have no claim to access our services. We do not disclose data we store on you or your profile unless legally obligated (e.g., by court order).

Any profile inactive (i.e., no login or other activity) over a period of two years is subject to irreversible deletion. Deleted profiles cannot be restored.

You may irreversibly delete your own profile at any time. However, automatically created backups on our servers may hold your data for an additional period of up to two weeks.

A banned profile will not be deleted until termination of our services. All data, especially the IP addresses and e-mail addresses, are required to ensure effective bans.

You may not utilize proxy services or one-time e-mail addresses if your intent is to circumvent a ban or other service restrictions.

Our servers automatically create log files which contain all access errors and warnings. These errors and warnings may include IP addresses of HA users. We use these logs to ensure service quality and to locate errors. Log files are rotated and overwritten every 7 days.

We create backups of all service-related data on physically separated servers. These backups are created daily and preserved for a period of two weeks. Should you decide to delete your profile, your data will not be erased from any backup immediately. The data will be erased together with the last backup two weeks later.

Server logs and backups are not made available to third parties. However, we might be forced to release these data to law enforcement agencies where laws apply. We might not be allowed to inform you of such release (e.g., due to FISA warrant).

We do not offer profile export functionality. By using our services you acknowledge this fact and willingly waive your rights with respect to profile exports.

Upon termination of our services all stored data will be permanently deleted.

Besides us storing your data, third parties may have access to your communication data, especially your IP addresses as well as browser tokens. This may be true for our advertisement partners who deliver their content from their own servers. Additionally, users might include tracking-capable code in their profiles or postings (e.g., Facebook Like Button). We are unable to prevent these third parties to acquire your communication data.

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Google Ads

HA does not use Google Analytics, a web analytics service provided by Google, Inc. (in the following: “Google”). Nevertheless, we do use Google Ads to generate revenue through advertisements on HA. These advertisements are subject to content screening, but they are not personalized based on your activity, etc. However, Google might use Cookies (text files placed on your computer to track user activity) to facilitate distribution of advertisements. Therefore, the information generated by the cookie about your use of HA could be transmitted to and stored by Google on servers in the United States. According to publicly available information, Google will use this information for the purpose of evaluating your use of websites including. but not limited to HA, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

You can prevent Google's collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en. Alternatively, if you have a Google account and are using your browser while logged in, you can prevent the collection through corresponding settings in your Google account (please refer to Google's FAQ for instructions).

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Disclaimer

We are not responsible for damages that may be inflicted on you by using HA. This is especially true for hardware-damages that your accessing device may incur, as well as for emotional damages you may incur through actions of other users of HA (e.g., a depression as a result of a break-up).

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Closing Terms

Any legally void term or condition within these terms and conditions shall be thought of as being replaced by a term or condition that legitimately covers the same claim. The same shall be true for legal loopholes.

Terms or conditions with erroneous grammar, semantics or syntax remain legally binding if their intent remains understandable.

The owner reserves the right to modify these terms and conditions at any time. Modifications will be announced in the forum and come into effect 30 days after posting. If the forum is unavailable, the notification will be distributed through the welcome page. You may refuse to accept the modifications by deleting your user account within these 30 days. If you continue to use HA, you agree to the changes. Individual agreements are not possible.

The 30-day period does not apply to modifications that simply correct spelling and/or grammar errors.

These terms and conditions come into effect on 27 January 2018.