Talent Oyster – Terms of Service

1. Acceptance of Terms
   1. Your use of TalentOyster services and or products, including but not limited to our website (henceforth titled "Services") and excluding any services provided to you by TalentOyster under a separate written agreement is subject to the terms of a legal agreement between you and TalentOyster described in this document.
   2. In order to use the Services you must first agree to these terms. You may not use the Services if you do not accept these terms.
   3. You can accept the terms
      1. Explicitly, by clicking to agree or accept the terms where an option is made available to you by TalentOyster or
      2. Implicitly, by using the services offered by TalentOyster.
   4. You may not accept the terms if you are barred from receiving the Services under the laws of Canada or the country in which you reside or the country from which you use the Services.
2. General Obligations and Conduct
   1. In return for your use of the Services provided to you agree to
      1. provide, accurate, current and complete information about you when asked to provide such information, such as the registration form on our site
      2. maintain the security of identification information you use to access the Services, including any password you create for accessing Services, as such you agree that you are solely responsible for any activities including but not limited to the posting of content that occur under your account
      3. maintain and update any information you provide to TalentOyster
      4. accept sole responsibility for adequately protecting all data and equipment used in connection with your use of the Services
   2. You are entirely responsible for all content that you upload, post or transmit to or using the Services.
      1. You agree to not upload, post or transmit content that is harmful, inaccurate, obscene, defamatory, racist, sexist, harassing or otherwise reasonably offensive to TalentOyster or other users of the Services
      2. You agree to not upload, post or transmit content that includes unauthorized disclosures of personal private information
      3. You agree to not upload, post or transmit content that violates or infringes intellectual property rights.
      4. You agree to not upload, post or transmit content or materials which contain software viruses, malware, spyware or any other software or programs designed to interrupt and/or destroy the functionality of any computer software or hardware and/or violate the privacy rights relating to any information stored on any computer.
      5. You agree to not upload, post or transmit spam content including but not limited to links to third-party websites.
      6. TalentOyster reserves the right to edit and/or remove content that violates any of these terms.
3. Ownership of Content
   1. TalentOyster does not claim ownership of the content you submit using the Service and shall have no obligation of any kind regarding such content. Unless otherwise stated here or in our Privacy Policy any content you provide to TalentOyster is done in a non-confidential manner.
      1. TalentOyster shall be free to use or disseminate all such content on an unrestricted basis for any purpose
         1. You grant TalentOyster and all other users of the Service an irrevocable, worldwide, non-exclusive license to use, reproduce, modify, transmit, display and publish all such content royalty free.
         2. You represent and hold the proper authorization for the worldwide transfer and use of content you provide using the Service.
4. Links to Other Sites
   1. You may find links to other Internet sites or resources while using the Service. You acknowledge and agree that TalentOyster is not responsible for the availability of and content on any such sites or resources. You further acknowledge that TalentOyster will not be responsible or liable for any damage or loss caused by your reliance or use of any products, services or advice available on or through any linked site or resource.
5. Provision of Services by TalentOyster
   1. You acknowledge and agree that the form, nature and function of the Services provided by TalentOyster to you may change from time to time without any prior notice.
   2. You acknowledge and agree that TalentOyster may temporarily or permanently stop providing any part of or all of Services to you specifically or users of the Services in general at TalentOyster’s sole discretion without any prior notice.
   3. You acknowledge and agree that while TalentOyster may not currently have set upper limits on access and usage to the Service by you such limits may be set at any time by TalentOyster.
6. Privacy
   1. For information regarding TalentOyster's collection, storage and use of information, and specifically personal private information that you may provide to TalentOyster as part of your use of the Services please refer to our Privacy Policy
      1. You agree to the collection, storage and use of your information in accordance with our Privacy Policy
7. Disclaimer of Warranties
   1. Your use of the Services is at your sole risk unless otherwise explicitly stated. The Services, including all information and content contained therein are provided as an "as is" basis. TalentOyster disclaims all express or implied conditions or warranties of any kind including but not limited to any implied warranty or condition regarding quality or fitness for a particular purpose. TalentOyster makes no warranties, conditions or guarantees as to the quality, suitability, truth, accuracy or completeness of the Service or the content to you through the Service.
   2. TalentOyster makes no warranty, condition or guarantee that:
      1. your access to the Services will be timely, secure, uninterrupted or error-free
      2. any information provided to you through the Services will be accurate or reliable
      3. the quality of service and content provided to you through the Services will meet your expectations or requirements
   3. Any content or materials you download though the provided Services are done at your sole discretion and risk. You are solely responsible for any damage to your computer systems, hardware and/or software, or other devices, or loss or damage of data that results from the download of any content or materials using the provides Services.
8. Limitation of Liability
   1. Subject to the provisions of section 7 you acknowledge and agree that TalentOyster shall not be liable to you for
      1. Any direct, indirect, punitive, consequential or incidental damages which may be incurred by you, however caused and under any theory of liability even if TalentOyster has been advised or could have reasonably foreseen the possibility of such damages.
      2. Any damages caused by the use of the Services or the inability to access the Services
      3. Any damages resulting from the content or materials provided to you through the Services that you download, use or distribute.
9. Termination
   1. The terms will continue to apply until terminated by either you or TalentOyster as described below.
      1. If you wish to terminate your agreement with TalentOyster you may do so at any time by notifying TalentOyster, in writing, of your desire to terminate.
      2. TalentOyster may at any time terminate its agreement with you if
         1. You are in breach or violation of any provision of the Terms of Use or have acted in a manner that reasonably demonstrates your unwillingness or incapability of complying with the provisions of the Terms of Use
         2. TalentOyster is required to do so by law
         3. TalentOyster is no longer providing the Services covered under the Terms of Use
   2. Nothing in this section shall infringe, weaken or affect TalentOyster’s rights regarding provided services under section 5 of the Terms of Use.
10. Changes to Terms of Use
    1. TalentOyster may make changes to the Terms of Use from time to time. When these changes are made TalentOyster will make an updated copy of the Terms of Use available on our website.
    2. You acknowledge and agree that your continued use of the Services after changes to the Terms of Service constitutes your acceptance of the updated Terms of Service.
11. Language of the Terms of Use
    1. Where TalentOyster has provided you with a translation of the English language version of the Terms of Use you agree that the translation is provided for your convenience only and that your agreement with TalentOyster is governed by the English version of the Terms of Use.
    2. In the case of any contradiction between the English version and another language version of the Terms of Use the English version shall take precedence.