Terms Of Use

 

 Please read these Terms of Use ("Terms") carefully before using this site. By accessing and using the Oyster Connect Web Site www.oysterconnect.com and Materials, you acknowledge and agree to abide by the following Terms of Use. If you do not agree to these Terms, do not use the Oyster Connect Website www.oysterconnect.com or download any Materials. Oyster Connect is an initiative of Oyster Learning, an educational content and delivery services company, and is wholly owned by it.

 

 

SCOPE OF TERMS

 

These Terms of Use are applicable to the Oyster Connect Website. These Terms also apply to any Oyster Connect Program and sessions provided through Oyster Connect Websites, including but not limited to developer tools, download areas, chat rooms, blogs, sharing sites and product information. These Terms apply to the Oyster Connect Websites, both now and in the future. Hereafter, all the materials covered by these Terms of Use will be referred to as the "Materials."

Oyster Learning may provide activity or program specific Terms of Service. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, the Terms herein remain in full force and effect.


SECURITY & PRIVACY  


Personal Information: Information submitted to Oyster Learning through forms on the Oyster Connect Website or Materials is governed according to Oyster Learning Privacy Policy. 

Registration, Password, and Security: Once registered with Oyster Learning you will be required to establish a user ID and/or password. In such cases, you are entirely responsible for maintaining the confidentiality of your ID/ password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Oyster Learning immediately of any unauthorized use of your account or any other breach of security here. Oyster Learning will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Oyster Learning or another party due to someone else using your account or password. 

Any breach of privacy or of the information provided by the consumer to Oyster Learning to be placed on the Oyster Connect Website by technical or any other means is not the responsibility of Oyster Learning. Oyster Learning does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on the Oyster Connect Website or any of its other websites / domains owned and operated by Oyster Learning. 


CHANGES TO TERMS AND CONDITIONS 


OYSTER LEARNING reserves the right, from time to time, with or without notice to you, to change these Terms of Use at our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Oyster Connect Website. The most current version of the Terms of Use will supersede all previous versions. Your use of the Oyster Connect Website or continued use of our service after changes are made means that you agree to be bound by such changes. 


TECHNOLOGY 


Oyster Learning uses proprietary, licensed third-party technologies and free technology products. While all attempts are made to ensure stability and availability of technologies used by Oyster Learning, the company cannot guarantee uptime. You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use. 


REGISTRATION 


Make your contact and personal details available to Oyster Learning; you may be contacted by Oyster Learning associates/administrators/mentors for education information through email and telephone. 

Receive promotional mails/special offers from Oyster Learning. 

Be contacted by Oyster Learning in accordance with the privacy settings set by you. 


USE TERMS


Personal Non-Commercial Use: This Web Site is for personal and non-commercial use. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials.


No Unlawful or Prohibited Use: You agree that you will not use the Oyster Connect Website or Material for any purpose that is unlawful or prohibited by these Terms of Use. You may not:

 

* Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous,  defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

 

* Use the Web Sites, Materials, Services or activities to "stalk" or otherwise harass or   harm another;

 

* Impersonate any person or entity, including, but not limited to, an Oyster Learning official, forum leader, guide or host, or falsely state or    otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited  conduct and activities;

 

* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Site or Materials;

 

* Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under    contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of the  agreements);

 

* Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other    proprietary rights ("Rights") of any party;

 

* Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail,"  "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  

* Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or  programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  

* You may not use the Web Site or Materials in any manner that could damage, disable, overburden, or impair any Oyster Learning server, or  network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site or Materials or  interfere with any other party's use and enjoyment of the Web Sites or Materials;

 

* You may not attempt to gain unauthorized access to any Web Site or Material, other accounts, computer systems or networks connected to  any Oyster Learning server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or  information through any means not intentionally made available through the Web Sites or Materials;

 

* Intentionally or unintentionally violate any applicable local, state, national or international law, statute, ordinance, rules and regulations  including, but not limited to, regulations promulgated by the Indian Government, any rules of any national or other securities exchange, including,  without limitation, the SEBI regulations and the Stock Exchanges having the force of law; and/or

 

* Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to  any organization(s) i.e. terrorist organization.

 

* Use the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;

 

* Upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a  criminal offence, give rise to other liability.

 

* Reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the Website, or any component thereof  (including, but not limited to any materials or information accessible through the Website);

 

* Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;

 

* Take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure;

 

* Any interpretation of study material other than as a tool of learning and enhancing knowledge;

 

Use of this Website is at your own risk, and the Oyster Learning will not be held liable for any errors or omissions contained in this Website. In no event, shall the Oyster Learning be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits whether contract, negligence or any tort action arising out of, or in connection with, the use or performance of the information available from www.oysterconnect.com.


RESTRICTIONS REGARDING MATERIALS


We explicitly disclaim, and will not accept any responsibility for any of the following in respect of the sites that we link to:

All information, documents, software, images, photographs, text, services and other similar materials (collectively, "Materials") contained in this Website are provided by Oyster Learning or its third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of ' Oyster Learning and/or the respective Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Oyster Learning or the Third Party Provider. No part of the Oyster Connect Website including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Oyster Learning. You also may not, without Oyster Learning's prior express written permission, "mirror" any Materials contained on this Website on any other server.

Nothing on this Website shall be construed as conferring any license under any of Oyster Learning or any Third Party Provider's Oyster Learning Intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Materials provided by Third Party Providers have not been independently authenticated in whole or in part by 'Oyster Learning. Oyster Learning does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Oyster Learning. Oyster Learning is committed to respecting others' Oyster Learning intellectual property rights, and we ask our users to do the same. Oyster Learning (hereinafter referred to as "We") may, in its sole discretion, terminate the access rights of users who infringe or otherwise violate others' Oyster Learning intellectual property rights.


OYSTER LEARNING INTELLECTUAL PROPERTY COPYRIGHT


All content included on the Oyster Connect Website and delivered to subscribers as part of the service, including text, graphics, logos, designs, photographs, button icons, images, downloads, data compilations, and software, is the property of Oyster Learning. The compilation of all content on this site is the exclusive property of Oyster Learning or Oyster Learning’s authorized partners, and protected by the copyright laws. Content shall not be reproduced or used without express written permission from Oyster Learning You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Oyster Connect Website, not to insert any code or product or manipulate the content of the Oyster Connect Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Oyster Learning reserves the right to terminate your registration hereunder if Oyster Learning, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of content provided to you by us or the copying or other unauthorized use of our proprietary content. The use of the Oyster Learning service is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Oyster Connect Website.


FAIR RIGHT TO TERMINATE


We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.


CLAIMS OF COPYRIGHT INFRINGEMENT


It is the policy of Oyster Learning to respect the intellectual property rights of others. Oyster Learning does not promote, foster or condone the copying of copyrighted material or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Web site, or know of someone who is making unauthorized use of the content of the Web site, please notify us of your concern by submitting a written notice to us at the following address: Oyster Learning, C-99, First Floor, Sector 2, Noida (U.P.) – 201301


ATTENTION/ GENERAL COUNSEL


Your notice must be signed and contain the following:(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material on the Oyster Connect Website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed. Our copyright notice email address is corporaterelations@oysterlearning.comOyster Learning will not be able to respond to any customer service or other issues through this email address.


LIMITATION OF LIABILITY


In no event and under no circumstances and under no legal theory, tort, contract, or otherwise arising out of or in connection with the use or performance of any software, documents, provision of or failure to provide services, or information available from the web site shall ' Oyster Learning ' be liable, without limitation, for any damages whatsoever, including direct, indirect, incidental, consequential or punitive damages, arising out of any access to or any use of or any inability to access or use this website including any material, information, links, and content accessed through this website or through any linked external website.


LOCAL LAWS


Oyster Learning controls and operates this Website from its headquarters in Noida, India and makes no representation that the materials on the Oyster Connect Website are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws and regulations of those countries. Unless otherwise explicitly stated, all materials found on this Website are solely directed to individuals, companies or other entities located in India and comply with the laws prevailing for the time being in force in India. Disputes if any shall be subject to the exclusive jurisdiction of Courts at Delhi.


GENERAL


The Website and your use of the Website will be governed in all respects by the laws of India.

In the event any or a portion of the provisions of these Terms are held invalid, illegal or otherwise unenforceable by a Court, such provision shall be deemed amended to be valid, legal and enforceable to the fullest extent permitted under applicable law, and the remaining provisions of these Terms shall remain in full force and effect. These Terms are binding upon you and your heirs, representatives, successors and assigns. The headings of the several articles and subdivisions of these Terms are inserted solely for the convenience of reference and shall have no further meaning, force or effect. No third party shall be a beneficiary of any provision of these Terms, except with the express written consent of Oyster Learning.


INDEMNIFICATION


You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.


CONTENT AND LIABILITY DISCLAIMER


Oyster Learning shall not be responsible for any errors or an omission contained on any Oyster Connect Website, and reserves the right to make changes anytime without notice. All Oyster Learning and third-party information provided on any Oyster Connect Website is provided on an "as is" basis.

Views expressed by the users are their own; Oyster Learning does not endorse the same. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to corporaterelations@oysterlearning.com.


EXCLUSIONSOF WARRANTY:


The Materials and Oyster Connect Website are provided by Oyster Learning direct as a service to its customers and are for informational purposes only.

You expressly understand and agree that:

Your use of the web sites and materials is at your sole risk and that the services are provided "as is" and "as available" without any express or implied warranty of any kind.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. In no event shall Oyster Learning or its suppliers be liable for any damages whatsoever (including, without limitation damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the web sites or materials, even if Oyster Learning has been advised of the possibility of such damages.

These limitations on oyster Learning’s liability shall apply whether or not Oyster Learning has been advised of or should have been aware of the possibility of any such losses.

 

ACCURACY AND COMPLETENESS:


Oyster Learning does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Web Sites or Materials.


Changes and Updates


Oyster Learning reserves the right to modify or discontinue, temporarily or permanently, Web Sites or Materials (or any part thereof) with or without notice. Oyster Learning may make changes to Web Sites or Materials, or to the products described therein, at any time without notice. Oyster Learning makes no commitment to update the Web Sites or Materials.


FORWARD LOOKING STATEMENTS:


Some of the information on this Web Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Oyster Learning. Words such as "expects," "goals," "plans," "believes," "continues," "may," and variations of such words and similar expressions identify forward-looking statements. In addition, any statements that refer to or may imply future financial performance, our anticipated growth and trends in our businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially.