Effective: 01 September, 2020
🦪 Who We Are And How To Contact Us
www.OysterHR.com is a website operated by Oyster HR, Inc. (“Oyster” or "We"). Oyster is a technology enabled service platform that allows companies to easily hire remote colleagues around the globe. We are a fully distributed, public benefit corporation, with our registered office at 251 Little Falls Drive, Wilmington, DE 19808, USA. To contact us, please email email@example.com or telephone our customer service line at +1 803 526 7918 .
What we aren’t is a law firm. You understand and agree that Oyster is not a law firm or an attorney, may not perform services performed by an attorney, and is not the substitute for the advice or services of an attorney. No attorney-client relationship or privilege is created with Oyster. Oyster strives to keep its legal documents accurate, current and up-to-date. However, the law changes rapidly, the law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Oyster provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
📚 These Aren’t The Only Rules
There are other terms that may apply to you and your interactions with Oyster. To make sure you understand all of your rights and obligations, it's a good idea to review these as well.
🚪 Accessing Our Site
✅ How You May Use Material On Our Site
⛔ How You Should Not Use Material On Our Site
Do not rely on information on this site. The content on our Site is provided for general information only and is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
Oyster’s service provides some self-help “fill in the blank” forms. You understand that your use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs. Oyster grants you a limited, personal, non-exclusive, non-transferable license to use our forms for your own personal, internal business use. Beyond completing the form, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the forms in any manner. Don’t remove the copyright notice from any form and don’t sell or redistribute the form. We appreciate it.
We are not responsible for links to external websites. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any external sites, you do so at your own risk.
User-generated content is not approved by us. This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us at firstname.lastname@example.org.
📖 Content Standards
Our content standards are straightforward. Be Respectful and Lawful.
Be Respectful. You may not use Oyster’s Site to transmit, retrieve or store any communications or other content of a defamatory, discriminatory, harassing or pornographic nature. No messages with derogatory or inflammatory remarks about an individual’s race, age, disability, religion, national origin, ethnicity, nation of citizenship, physical attributes, political affiliation, socio-economic status, or sexual preference may be transmitted. Harassment of any kind is prohibited.
Be Lawful. Disparaging, abusive, profane or offensive language and any illegal activities—including piracy, cracking, extortion, blackmail, copyright infringement and unauthorized access are forbidden.\
⏫ Interacting With & Uploading Content To Our Site
You understand and agree that information submitted or provided by you to the Site might become publicly accessible. Important and private information should be protected by you. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. Please understand that you are solely responsible for securing and backing up your content.
Additionally, whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the Content Standards above. You agree that any such contribution complies with those standards, and we have the right to remove any posting you make on our site if, in our opinion, your post does not comply with those standards. You agree that Oyster has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. You also agree that you will be responsible to us for any loss or damage we suffer as a result of your failure to comply with the Content Standards above.
Finally, we welcome feedback, comments and suggestions for improvements (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback by you does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback will become the sole and exclusive property of Oyster, and Oyster may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary rights, or other right or claim. By submitting the Feedback to Oyster, You are assigning to Oyster any and all right, title and interest to any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights that you may have in and to any and all Feedback.
🔗 Linking To Our Site
We want you to share our mission and invite folks to join our team. So feel free to link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. It wouldn’t be right if you established a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, so don’t do it. The website in which you are linking must comply in all respects with the Content Standards above. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. Of course, you must not establish a link to our site in any website that is not owned by you. You should know that we reserve the right to withdraw linking permission without notice.
📜 Trademarks, Copyright, & Usage
This Site and Application are owned and operated by Oyster HR, Inc. All rights, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Oyster or by our respective third party authors, developers or vendors. The trademarks, service marks, and logos of Oyster used and displayed on this Site are registered and unregistered trademarks or service marks of Oyster. You are not permitted to use them without our written approval. Use of any trademarks as part of a link to or from any web site is also prohibited without Oyster’s prior written consent. Certain other elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and, as with the marks and logos, may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. None of the Content for this Site may be retransmitted without the express written consent from Oyster for each and every instance. Any rights not expressly granted herein are reserved by Oyster.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Site should be sent to Oyster® at email@example.com.
😷 No One Likes a Virus
Unfortunately, we cannot and do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your devices, information technology, programs and platform to access our Site. We strongly suggest you use virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You likewise agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, or (4) delete or alter any material posted on the Site by Oyster or any other person or entity.
👎 When Things Go Wrong
Sometimes, despite best efforts, things go wrong. Whether you are a consumer or a business user, Oyster does not exclude or limit our liability to you where it would be unlawful to do so. With regard to the use of this Site:
If you are a business user 💼, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site. In particular, we will not be liable for any indirect or consequential loss or damage.
If you are a consumer user 🛒, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Specific limitations and exclusions of liability related to our provision of services to you are explained in our Terms and Conditions .
🌎 Which Country's Laws Apply To Disputes?
This website is hosted from the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content. The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Site and Content.
🔌 This Isn’t An Appliance, There is No Warranty
THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OYSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
OYSTER MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. OYSTER SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
Thank you for visiting www.oysterhr.com