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terms of service
Acceptance of Terms of Service:
This web site (www.Oystercorp.com) and its associated services
are provided to you under these Terms of Service (referred to
as the "TOS") and any amendments and supplements that
may be posted to them by Oystercorp Pty Ltd, Inc. ("Oystercorp
Pty Ltd").Your use of the web site shall be deemed to constitute
your agreement to be bound by the terms of this TOS and shall
be enforceable as if you had signed the TOS. If you are not
willing to accept the terms and conditions of the TOS, we ask
that you not use the web site.
In addition, when using particular Oystercorp Pty Ltd features,
you and Oystercorp Pty Ltd agree to be subject to any posted
guidelines or rules applicable to such services that may be
posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
From time to time, the TOS may be updated without notice to
you. The most current version of the TOS is always available
at www.Oystercorp.com. If you do not agree to the changes in
the TOS, please arrange to terminate your registration with
Oystercorp Pty Ltd immediately by (i) notifying Oystercorp Pty
Ltd of your unwillingness to accept the changes in the TOS and
(ii) by discontinuing your use of the Oystercorp Pty Ltd web
site.
Registration:
Registration with Oystercorp Pty Ltd is required to access
Oystercorp Pty Ltd’s community features. At registration
you will be required to provide Oystercorp Pty Ltd with your
first name, last name, and a valid email address. You will also
be requested to provide us with optional information such as
your address and phone number, educational background (status,
institution of enrollment and degree level, if applicable),
employment experience and status (employer name and job title,
if applicable), professional society membership status (professional
society name, if applicable), top field of experience/study,
gender, age, citizenship and race/ethnicity. This information
is collected to allow Oystercorp Pty Ltd to contact you and
to allow Oystercorp Pty Ltd to collect demographic data about
its participants, both for Oystercorp Pty Ltd internal use and
in some cases, for release to our partners (please see Oystercorp
Pty Ltd's Privacy Statement for detailed information on when
personal data is shared). Under this TOS, you agree to provide
true, accurate and up-to-date information. Oystercorp Pty Ltd
has the right to suspend or terminate your membership if it
learns or has reasonable grounds to suspect that the information
that you have provided is inaccurate, false or misleading.
Privacy:
Registration and other data about you are subject to our Privacy
Statement. For more information, please see www.Oystercorp.com
Termination:
Oystercorp Pty Ltd reserves the right to terminate (i) these
Terms of Service and/or (ii) your membership at its sole discretion,
immediately and without notice, upon any breach of this TOS.
Modification of the Terms of Service:
Oystercorp Pty Ltd may modify these TOS at any time at its
sole discretion. Each time that you access the Oystercorp Pty
Ltd web site, you will have been deemed to accept the TOS. Oystercorp
Pty Ltd reserves the right, at its sole discretion, to notify
you via email of changes to the TOS.
Modifications of the Oystercorp Pty Ltd Web Site:
Oystercorp Pty Ltd reserves the right to modify or discontinue
any portion of or all of the Oystercorp Pty Ltd web site without
notice to you and without liability to you or any third party.
Username, Password And Security:
You will choose a username and password on registering to become
a member of the Oystercorp Pty Ltd community. You are responsible
for maintaining the confidentiality of your username and password
and you agree to (i) immediately notify Oystercorp Pty Ltd of
any breach of security and (ii) ensure that you sign out at
the end of each session. Oystercorp Pty Ltd cannot and will
not be liable for any loss or damage from your failure to comply
with this section.
Content:
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials (“Content”) are the sole responsibility
of the person with whom the Content originated. This means that
you, and not Oystercorp Pty Ltd, are responsible for all Content
that you disseminate or transmit via the Oystercorp Pty Ltd
web site.
You agree that you will not use the web site in any way to:
- Disseminate or transmit Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, libelous, pornographic
or invasive of another’s privacy
- Disseminate or transmit Content that infringes on any patent,
trademark, trade secret, copyright or other proprietary rights
of any other party
- Disseminate or transmit any unauthorized advertising, promotional
materials, chain letters, spam, junk mail, or any other type
of mass unsolicited email to people or entities who have not
agreed to receive such materials
- Impersonate a Oystercorp Pty Ltd staff member, community
member or other person or entity
- Stalk or harass another member
- Interfere with, disrupt or harm the web site or servers
or networks connected to the web site
- Disseminate or transmit or make otherwise available any
materials that contains software viruses, computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment
- Collect or store personal data about other users
- Use the web site for illegal purposes, including, but not
limited to, disseminating or transmitting illegal and illegally
obtained materials
- Disrupt the normal flow of dialogues, cause a screen to
“scroll” faster than other users of the web site
are able to type, or otherwise act in a manner that negatively
affects other users’ ability to engage in real time
exchanges.
You acknowledge that Oystercorp Pty Ltd does not pre-screen
content of our web forums, but that Oystercorp Pty Ltd reserves
the right to immediately, without notice and at its sole discretion,
refuse, move or delete any Content available via its web site,
for any reason, including without limitation, Content that violates
the TOS.
You acknowledge and agree that Oystercorp Pty Ltd may preserve
Content and may also disclose Content if required to do so by
law or in the good faith belief that such preservation or disclosure
is necessary to (i) comply with legal process; (ii) enforce
the TOS; (iii) respond to claims that any Content violates the
rights of third-parties; or (iv) protect the rights, property,
or personal safety of Oystercorp Pty Ltd, its users and the
public.
By posting Content to the web site, you (i) represent and warrant
to Oystercorp Pty Ltd that you have all necessary permissions
to disseminate or transmit content and (ii) grant to Oystercorp
Pty Ltd a worldwide, nonexclusive, perpetual, full sub-licensable,
royalty-free right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
perform, and display such Content (in whole or part) worldwide
and/or to incorporate it in other works in any form, media or
technology now known or later developed.
Protection of Intellectual Rights and License:
No portion of the Oystercorp Pty Ltd website or any of its subparts,
including but not limited to: written content, structure, graphics,
designs, algorithms, object code, source code, creative concepts
or results, in whole or in part, may be reproduced in any form,
or by any means, without prior written permission from Oystercorp
Pty Ltd.
You are hereby granted a nonexclusive, nontransferable, revocable,
limited license to view, copy and print one or several copies,
and no more than several copies, of limited portions of the
content retrieved from the web site for your personal, noncommercial
purposes, provided that you do not remove or obscure the copyright
notice or other notices displayed on the content. You may not
copy, reprint, modify, distribute, or sell content retrieved
from the web site in any way, for any commercial or business
use (including use by or for any non-profit entity) or provide
it to any commercial or business (including to any non-profit
entity), including other web sites, regardless of whether you
receive compensation, without the prior written permission of
Oystercorp Pty Ltd.
"Oystercorp Pty Ltd" and any and all logos used on
this site in connection with the Oystercorp Pty Ltd name are
trademarks of Oystercorp Pty Ltd (the "Oystercorp Pty Ltd
Marks"). You may not display or use in any manner the Oystercorp
Pty Ltd Marks without Oystercorp Pty Ltd's prior written permission.
You may not frame any trademark, logo, or other proprietary
information on this web site without the express written consent
of Oystercorp Pty Ltd. Except as expressly provided in the TOS,
nothing contained in the Agreement or on the web site shall
be construed as conferring any other license or right, expressly,
by implication, by estoppel, or otherwise to any of Oystercorp
Pty Ltd’s intellectual property rights or to any third
party's intellectual property rights. Any rights not expressly
granted herein are reserved.
Disclaimer and Limitations of Liability:
The Oystercorp Pty Ltd program is a program of the tax-exempt
non-profit corporation, Oystercorp Pty Ltd, Inc. ("Oystercorp
Pty Ltd").
1. Oystercorp Pty Ltd wants to encourage an open exchange of
information and ideas between members. However, Oystercorp Pty
Ltd cannot and does not review communications between members.
Oystercorp Pty Ltd does not guaranty or endorse the accuracy
of any information you may receive from other members in the
web forum.
2. You agree that you will participate in the Oystercorp Pty
Ltd program in a manner consistent with any and all applicable
laws and regulations. You hereby agree to indemnify and hold
Oystercorp Pty Ltd, and each of its respective affiliates, directors,
officers, employees, and agents harmless for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees)
relating to, or arising out of any breach of the terms and conditions
of this agreement, including those set forth at the Terms of
Service, Participation Guidelines, Eligibility, What Oystercorp
Pty Ltd Expects from Mentors/Students Who Participate and What
You Can Expect from Oystercorp Pty Ltd.
3. You hereby agree to completely release Oystercorp Pty Ltd,
and each of its respective affiliates, directors, officers,
employees and agents from all claims, judgments, demands, liabilities,
and actions that you may have arising out of, or in any way
relating to, your participation in the Oystercorp Pty Ltd program.
In no event will Oystercorp Pty Ltd be liable to you for any
damages arising out of your participation in any Oystercorp
Programs, or use of any Oystercorp materials, tools or resources.
4. If any provision of this agreement is found to be invalid
by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining
provisions of this agreement, which shall remain in full force
and effect. No waiver by either Oystercorp Pty Ltd or you of
any term or condition of this agreement, whether by conduct
or otherwise, shall be deemed a further or continuing waiver
of such term or condition, or a waiver of any other term or
condition of this agreement, including those set forth at Terms
of Service and associated agreements.
The information on this site comes from a variety of sources
and includes information that is subject to change without notice.
Oystercorp Pty Ltd wants this information to be as up-to-date
and accurate as possible, but we cannot guarantee and do not
warrant that the information is accurate, complete, or current;
that your access will be uninterrupted; or that material accessible
from this site if free from viruses. This is particularly so
of information posted by members.
The site, including all content, software, and information made
available on this site, and any information or services provided
by Oystercorp Pty Ltd, are provided "as is." With
respect to documents or data available from this server, Oystercorp
Pty Ltd does not make - and expressly disclaims - any warranty,
express or implied, including but not limited to the warranties
of merchantability and fitness for a particular purpose. Oystercorp
Pty Ltd also expressly disclaims any legal liability or responsibility
for the accuracy, completeness, or usefulness to Oystercorp
Pty Ltd of any current or future content on this site, or provided
by Oystercorp Pty Ltd. Oystercorp Pty Ltd further disclaims
all liability arising from the content of any web sites linked
or referred to by through the Oystercorp Pty Ltd web site. Oystercorp
Pty Ltd provides no warranty as to any information or services
provided and Oystercorp Pty Ltd is no way liable for any misinformation,
conduct unbecoming or infringement of the rights of any person.
Oystercorp Pty Ltd is committed to preserving the confidentiality
of information provided to it by applicants to and participants
in its program. Oystercorp Pty Ltd cautions all applicants and
participants, however, that it shall not be liable for any direct,
incidental, consequential, indirect or punitive damages, whether
under any contract, strict liability or other theory, arising
out of or in connection with any breaches of security or other
failure involving this site or Oystercorp Pty Ltd's internal
systems, or resulting from any viruses or other code that may
affect any applicant's or participant's equipment, data or other
property, as a result of using of this site.
If you are registering for one of our services, please also
read our Customer Information
document.
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