Terms of Use

Last modified: April 4, 2021

Introduction

Before visiting www.hayden.ai (the "Website"), please read all of these rules carefully and take them seriously. Have fun out there, but please don't abuse the site. Don't try to find loopholes around the rules, they were created in the common interest of maintaining a welcoming community for all persons interested in the Website.

Terms of Use

  1. Your Acceptance
    1. By using and/or visiting this Website, you agree to and accept (1) these terms and conditions (the "Terms of Use"), and (2) the privacy notice found at https://hayden.ai/privacy-policy. If you do not agree to these Terms of Use, or the privacy notice, please do not use the Website. The Website is operated by Hayden AI Technologies, Inc., ("HAYDEN AI"), through various agencies and service providers.
  2. The Website
    1. These Terms of Use apply to all users of the Website, including users who may be contributors of photo/video content, information, and other materials or services on the Website.
    2. The Website may contain links to third-party websites that are not owned or controlled by HAYDEN AI. HAYDEN AI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, HAYDEN AI will not and cannot censor or edit the content of any third-party site. By clicking on links, you expressly relieve HAYDEN AI from any and all liability arising from your use of any third-party site, or from the content of any third-party site.
    3. Accordingly, we encourage you to be aware when you leave the Website, and to read the terms and conditions and privacy policy of each website that you visit.
  3. General Use of the Website -- Permissions and Restrictions.

    HAYDEN AI hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

    1. You agree not to alter or modify any part of the Website.
    2. You agree not to access Website content through any technology or any unauthorized means other than user interaction expressly invited on the Website itself.
    3. You agree not to use the Website for any commercial use. Prohibited commercial use includes any of the following actions taken without HAYDEN AI's express approval:
      • Sale of access to the Website or its related services on another Website; or
      • Use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
      • The sale of advertising, on the Website or any third-party Website, targeted to the content of specific Website content;
      • Any use of the Website or its related services that HAYDEN AI finds, in its sole discretion, to use HAYDEN AI's resources with the effect of competing with or displacing the market for the Website's content or any products or services featured on the Website.
    4. Prohibited commercial uses do not include any use that HAYDEN AI expressly authorizes in writing.
    5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser. Notwithstanding the foregoing, HAYDEN AI grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not for-profit caches or archives of such materials. HAYDEN AI reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use any communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.
    6. You will comply with all of the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations.
    7. HAYDEN AI reserves the right to discontinue any aspect of the Website at any time.
  4. Your Use of Content on the Site

    In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.

    1. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to HAYDEN AI, subject to copyright and other intellectual property rights under the law.
    2. You may access Website Content only as permitted under this Agreement. HAYDEN AI reserves all rights not expressly granted in and to the Website Content.
    3. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein.
    4. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
  5. Copyright Infringement Notification

    HAYDEN AI does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove all Content if properly notified that such Content infringes on another's intellectual property rights. HAYDEN AI reserves the right to remove Content without prior notice.

    To file a copyright infringement notification with us, you will need to send a written communication notice that meets the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512). The notification should contain the following information:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed.
    3. Identification of the material on our Website that is claimed to be infringing, with information reasonably sufficient to allow us to locate the material.
    4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
    5. A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent or the law.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Such written notification should be sent to HAYDEN AI's Copyright Agent at: Hayden AI, 492-B 9th Street, Oakland, CA 94607, United States.

  6. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HAYDEN AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.

    HAYDEN AI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY USER GENERATED CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. HAYDEN AI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND HAYDEN AI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

    AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  7. Limitation of Liability

    IN NO EVENT SHALL HAYDEN AI, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT THE ABOVE PARTIES SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Website is operated and offered in the United States of America. HAYDEN AI makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do on their own volition and are responsible for compliance with local law.

  8. Copyright Infringement Notification

    You agree to defend, indemnify and hold harmless HAYDEN AI, and its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney' fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

  9. Ability to Accept Terms of Use

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

  10. Assignment

    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HAYDEN AI without restriction.

  11. General

    You agree that: (i) the Website shall be deemed solely based in New York; and (ii) the Website shall be deemed a passive Website that does not give rise to personal jurisdiction over HAYDEN AI, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and HAYDEN AI that arises in whole or in part from, or that relates to, the Website shall be decided exclusively by a court of competent jurisdiction located in New York. These Terms of Use, together with the Privacy Notice at https://hayden.ai/privacy-policy and any other legal notices published by HAYDEN AI on the Website, shall constitute the entire agreement between you and HAYDEN AI concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and HAYDEN AI's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. HAYDEN AI reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

    YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Join Our Newsletter