Effective Date: September 6, 2018
Copyrights, trademark rights, database rights, design rights, trade secrets 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 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 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.
3. USE OF SERVICES.
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. 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.
It is understood that your access to our website and software is a limited license subject to personal use in conjunction with the Hestan Smart Cooling hardware, such as pots, pans and cooking appliances, including induction burners. In such a license, you will have access to our valuable for the limited purpose of the personal use of the Hestan Cue device for the cooking and preparation of the food. Such Trade Secrets include recipes and more particularly, but without limitation, combinations of cooking parameters, which generally include cooking times, time to flip, stir or invert food, and cooking temperatures. HSC has gone to great effort and expense to determine optimum cooking parameters as a function of the food and results characteristics, which include the foodstuff type, initial temperature and initial thickness and intended or recommended level of doneness.
Hence, the cooking parameters are being made available to you for the sole purpose of cooking foods according to the recipes we provide via the licensed software, and are only made available in our software as you input food and result characterizations of food that you intend to cook and consume for the personal pleasure and nourishment of you, your family and household guests.
As these Trade Secrets are not generally available to the public, they give HSC a competitive advantage over others who would have to independently determine them. It is a violation of this agreement as well as the Defend Trade Secrets Act of 2016 (DTSA) (18 USC §§1831–1839) and the California Uniform Trade Secrets Act (CC §§3426–3426.11) to use the licensed software to enter food and result characteristics solely for the purpose of obtaining and compiling combination of cooking parameters generated by our software. It is also a violation of this agreement to compile such information from casual use, or to publish, disclose or transmit it to any third party, or to use this information for one’s own competitive advantage, such as without limitation for the use in or in conjunction with any third party commercial products or services.
Pursuant to the Defend Trade Secrets Act of 2016, each party acknowledges that you as a Licensee shall not have criminal or civil liability under any Federal or State Trade Secret law for the disclosure of Trade Secrets that (i) is made in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (iii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. In addition, if Licensee files a lawsuit for retaliation by Licensor for reporting a suspected violation of law, Licensee may disclose Trade Secrets to Licensee’s attorney and use the Trade Secret information in the court proceeding, if Licensee (i) files any document containing the Trade Secret under seal, and (ii) does not disclose the Trade Secret, except pursuant to court order.
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. Because your breach of this Agreement may cause us irreparable harm, for which money is inadequate compensation, we are entitled to injunctive relief, without the need to post bond, to enforce this Agreement as well as to prevent any threatened, continuing, likely or suspected disclosure of our trade secrets, in addition to damages and other available remedies.
4. THIRD PARTY WEBSITES AND APPLICATIONS.
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.
5. SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS.
6. USER GENERATED CONTENT
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.
7. INDEMNIFICATION; LIMITATION OF LIABILITY
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.
8. DISCLAIMER OF WARRANTIES FOR WEBSITE
THIS DISCLAIMER (“DISCLAIMER”) APPLIES ONLY TO YOUR FREE USE OF THE WEBSITE. 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 WEBSITE IS 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 WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
HSC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE 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.
9. COPYRIGHT ACT AGENT.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:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your name, address, telephone number, and email address and all other information reasonably sufficient to permit HSC to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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.
13. GOVERNING LAW.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
15. ENTIRE AGREEMENT.
Your use of any of the Services is independent of HSC and not as an employee, agent, partner, or joint-venturer with HSC for any purpose.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal import.
17. HOW TO CONTACT US.