Effective Date: June 1, 2016
Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Services existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, animations, databases, logos, domain names, trade names and trade identities (collectively referred to as the “Content”), are the property of HSC, its parents, subsidiaries, affiliates and/or licensors.
Any third-party content, products or services posted on, transmitted through, or linked to from the Services are the sole responsibility of the third-party originator of such content. Links to any third-party content are provided for your convenience only. If you choose to access any third-party content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT HSC IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.
To access certain Services, you may need to register for an account, and you may be asked to provide a username and a password. You agree to provide accurate, current and complete information required to register with the Services and/or at any other time as may be required in the course of using the Services. You further agree to maintain and update your registration information as required to keep it accurate, current and complete. You should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user ID or password), you will immediately notify HSC. We reserve the right to cancel your account at any time for any reason without prior notice to you.
You are prohibited from using the Services to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law.
The Services and the content provided in any of the Services may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of HSC, except that you may download, display and print one copy of the materials presented on any of the Services on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited. Unauthorized use of any of the Services and the materials contained on any of the Services may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You may share links from the Services with others or post them on social media Services, however, you are prohibited from posting to or transmitting from any of the Services any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any of the Services, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of HSC (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Services). You agree you will not interfere or attempt to interfere with or damage, impair or disable the operation of the Services, by any means, including but not limited to providing links to third party sites or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code. You may also not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not make any unsolicited offers, request, advertisements, or spam.
You represent, warrant and agree that you will comply with the above acceptable use requirements. HSC reserves the right, in its sole discretion, to take such action as HSC sees fit in relation to any user who partakes in any of HSC’s prohibited uses or in breach of any of the other terms set forth herein. In extreme cases or as required by law or regulation, HSC reserves the right to take court action and/or report users to the relevant authorities.
For your convenience and to improve the usage of the Services, links to websites that are owned and controlled by third parties may be provided from time to time. HSC does not assume any responsibility or liability with respect to any third party website linked from any of the Services (or any website linking to any of the Services), including its content and operation. HSC does not review or monitor such third party links. A link from any of the Services to another third party website (or a link from another website to any of the Services) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such third party website, its contents, or any products or services advertised or distributed through that website. While any of the Services may contain “links” to other third party services, we are not responsible for the content or the privacy practices employed by them.
The Services may be integrated with third party applications, websites, and services (e.g., Facebook) to make available content, products, and/or services to you. These third party applications have their own terms and conditions of use and privacy policies and your use of these third party applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that HSC does not endorse and is not responsible or liable for the behavior, features, or content of any third party application or for any transaction you may enter into with the provider of any such third party applications.
All opinions, remarks, comments, artwork, graphics, photographs, links, username and other information that identifies you, questions, suggestions, information, text, videos and other materials that you or other users of the Services post to the Services or transmit using the Services (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, HSC shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world. You acknowledge and agree that HSC only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. HSC does not continuously monitor User Generated Content published by you or moderating between users, nor shall HSC be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of HSC. Any use by you of the User Generated Content is entirely at your own risk. You represent that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or moral rights and does not contain any defamatory or disparaging statements. Furthermore, you represent that you have the capacity to grant the license as stipulated in this paragraph.
Your use of the Services is at your own risk. You agree that our sole obligation to you is to provide the Services “as is.” Neither HSC nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Services shall be liable to you or to any third party for your use of, or the inability to use, the Services and its content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Services.
This limitation of liability (“Limitation”) applies only to your free use of the Services. This Limitation does not apply to, for example, your purchase of any product or service from HSC. This Limitation also does not apply to, for example, our offer or advertisement of any HSC product or service including the content of any offer or advertisement on the Services.
THIS DISCLAIMER (“DISCLAIMER”) APPLIES ONLY TO YOUR FREE USE OF THE SERVICES. THIS DISCLAIMER DOES NOT APPLY TO, FOR EXAMPLE, YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM HSC. THIS DISCLAIMER ALSO DOES NOT APPLY TO, FOR EXAMPLE, OUR OFFER OR ADVERTISEMENT OF ANY HSC PRODUCT OR SERVICE INCLUDING THE CONTENT OF ANY OFFER OR ADVERTISEMENT ON THE WEBSITE.
THE SERVICES ARE FREE OF CHARGE AND PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. HSC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THE INFORMATION ON THE SERVICES IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
HSC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HSC respects the intellectual property rights of others, and requires that the people who use any of the Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing HSC with the following information in writing to the Copyright Agent named below:
Hestan Smart Cooking
1 Meyer Plaza
Vallejo, CA 94590
Attn: Legal Department
Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon HSC actual knowledge of facts or circumstances from which infringing material or acts are evident. All notices must meet the then current statutory requirements imposed by the DMCA.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
The section headings used herein are for convenience only and shall not be given any legal import.
It’s not about adding technology for technology's sake, it’s about adding support and augmenting the experience that makes you a better cook - empowering you to try new things that you didn’t dare to cook before.”
By providing the automatic control of temperature and time throughout entire recipes, we remove much of the stress of cooking at home and guide you towards success in the kitchen.”
We are finding ways to integrate technology that can dramatically improve the cooking experience for the home chef by enhancing their skills and building their confidence. ”