Oyster Terms of Use
The Oyster.com Web Site (the "Site") is an online information service provided by Oyster ("Oyster.com "), subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. Oyster.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreegment on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
1. Copyright, Licenses and Idea Submissions. The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Oyster.com, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Oyster.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Oyster.com by all means and in any media now known or hereafter developed. You also grant to Oyster.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Oyster.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Oyster.com.
Trademarks. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Oyster.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Oyster.com, Oyster.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for Oyster.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Oyster.com. You also understand that Oyster.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the internet. Oyster.com provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the Internet generally, and Oyster.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the Internet generally. Oyster.com does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You understand further that the pure nature of the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Oyster.com has no control over and accepts no responsibility whatsoever for such materials.
Limitation of Liability. In no event will Oyster.com be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Oyster.com or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In such states, Oyster.com liability is limited to the greatest extend permitted by law.
Oyster.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Oyster.com web site, please understand that it is independent from Oyster.com, and that Oyster.com has no control over the content on that web site. In addition, a link to a Oyster.com web site does not mean that Oyster.com endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Oyster.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Oyster.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Governing Law, Arbitration and Jurisdiction.
You recognize that, although the Internet can be accessed from anywhere in the world, the Provider Web Site is located in the State of New York, United States of America, and that when you access the Provider Web Site, you are doing so in the State of New York, United States of America. These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the State of New York without giving effect to any principles of conflict of law and the federal laws of the United States of America. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You further agree that any arbitration action brought by you arising out of or relating to these terms of use or the provider web site shall be filled only in New York county, New York, and you hereby consent and submit to the personal jurisdiction and venue in New York County, New York.
7. Privacy Policy.
By agreeing to these Terms of Use, you also agree to our Privacy Policy. Like these Terms of Use, the Privacy Policy is subject to change from time to time. Your continued use of the Provider Web Site constitutes your acceptance to any changes to the Privacy Policy.
8. Widgets.
Oyster grants third parties (EXCEPT hotel booking engines, hotel referral sites, online travel agents, hotel lead generation sites and all other entities that sell travel-related products or services, such as TripAdvisor, Expedia, Hotels.com, etc.) a non-exclusive, non-assignable, and non-transferable license to use and display any material that may be downloaded or embedded from this site, including, but not limited to, "widgets”. You agree not to alter the appearance or functionality of the downloaded material. Your use of Oyster widgets and other downloaded material is otherwise subject to our standard Terms of Use, and you agree to maintain all copyright and other notices contained within. You can use the widget on your site for commercial or non-commercial purposes, as long as you agree not to sublicense, assign, or otherwise transfer this license or the downloaded material. Acceptable commercial use entails: use on a site that has advertising or sponsored links; and use on a site that sells or product or service (EXCEPT as outlined above).
9. Accounts.
You must create an Oyster account to gain full access to Oyster's services. You will be able to view a preview of the site and then will be prompted to create an account or log in. You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
The User can also log in using Facebook Connect. You must have an active Facebook account in order to access the Service through Facebook Connect, and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you sign into Oyster through Facebook Connect, you will provide your Facebook account credentials to Oyster, and you are consenting to have the information in that account transmitted to your Oyster account, and you agree that you shall use only Facebook accounts owned by you, and not by any other person or entity.
By providing Oyster.com your e-mail address, you consent to our using that e-mail address to send you newsletters and other announcements, such as information about new destinations, changes to featurs, and special offers. If you do not want to receive such e-mail messages, you may unsubscribe directly from the e-mails or change your preferences in your account settings. Opting out may prevent you from receiving e-mail messages regarding updates, improvements, or offers. Please note that if you do not want to receive legal notices from us, including without limitation a notification that this Agreement has changed, those legal notices will still govern your use of the Service. We will post legal notices to the Service, and you are responsible for reviewing such legal notices for changes.
10. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Oyster.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Oyster.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Oyster.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
