Thestudentbook.org Terms of Use Agreement

This Terms of Use Agreement ("Agreement") is issued by the Student Book Website Limited (the “Company”, “Us”, “We”) which operates under the following trading name “studentbook.org”. Studentbook.org is an information service that allows Users to create a shortlist of the institutions of Higher Education that they might wish to attend and to assist and provide guidance when the decision is taken. The services offered by the Company include the website located under the domain name www.studentbook.org, and any other features, content, or applications offered from time to time by the Company in connection therewith (collectively, the "Website"). The Website is hosted in the U.K.

This Agreement sets forth the legally binding terms which apply to the entire contents of this Website and to any correspondence by email between Us and you. By using the Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with the Website). The term "User" refers to a Visitor or a Member. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. By accessing any part of the Website you shall be deemed to have accepted this Agreement. If you do not agree with it, you should leave the Website and discontinue use immediately. If you wish to become a Member, communicate with other Members and make use of the Website, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes the Company’s policy for acceptable use of the Content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Company’s Privacy Policy. In order to participate in the Website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of any Agreement that is applicable to a service by emailing Us at: privacy@studentbook.org, Subject: Terms of Use Agreements.

The Company may modify this Agreement from time to time and such modification shall be effective upon posting by the Company on the Website. You agree to be bound by any changes to this Agreement when you use the Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on the Website and that you provide to other Users. Your studentbook.oeg profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwiseobjectionable subject matter. Despite this prohibition, information provided by other studentbook.org Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and the Company assumes no responsibility or liability for this material. If you become aware of misuse of the studentbook.org Services by any person, please contact the Company by using the ‘Contact Us’ link at the bottom of any page.

• Eligibility. Use of and Membership in the Website is void where prohibited. By using the Website, you represent and warrant that your use of the Website does not violate any applicable law or regulation. The Company reserves the right, in its absolute discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice and without liability.
• Age Requirement. You must be at least 18 years of age to agree to enter into this Agreement on your own behalf and to register as a Member. If you are under 18 but at least 14 years of age you must present this Agreement to your parent or legal guardian and subject to this Clause he/she must check the Acceptance Box to enter into this Agreement on your behalf. If you are under 14 you may not register as a Member and your parent/legal guardian may not register on your behalf. If you are a parent or guardian entering into this Agreement on behalf of your child please be aware that you are fully responsible for his/her use of the Website including all financial charges and legal liability that he/she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions do not check the Acceptance Box and do not permit your child to attempt to access the Website or upload Content.
• Term. This Agreement shall remain in full force and effect while you use the Website or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. The Company may terminate your Membership in its absolute discretion at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including Clauses 5-19.
• Fees. You acknowledge that the Company reserves the right to charge for services on the Website and to change its fees from time to time in its discretion. If the Company terminates your Membership because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of subscription fees previously paid by you.
• Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
• Non-commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Website.
• Licence
• You are permitted to print and download extracts from the Website for your own (non-commercial) use provided that:
  • (i) the Company’s copyright and trade mark notices and this permission notice appears in all copies;
  • (ii) no graphics on this Website are used separately from accompanying text; and
  • (iii) no documents or related graphics on this Website are modified in any way.

Except for the above, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Website.

• If you link to this Website you may only do so on the basis that you link to, but do not replicate, the home page of this Website and subject to the following conditions:
  • you do not remove, distort or otherwise alter the size or appearance of the studentbook.org logo;
  • you do not create a frame or any other browser or border environment around this Website;
  • you do not in any way imply that the Company is endorsing any products or services other than its own;
  • you do not misrepresent your relationship with the Company nor present any other false information about the Company;
  • you do not otherwise use any Company trade marks displayed on this Website without express written permission from the Company;
  • you do not link from a website that is not owned by you; and
  • your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
• Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors and are protected by copyright, trademark, patent, trade secret and other laws. For the purpose of this Agreement, any use of extracts from this Website other than in Clause 7.1 above for any purpose is prohibited. If you breach any of the terms of this Agreement, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
• Subject to Clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s express prior written permission.
• The Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Website. After posting your Content to the Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on this Website, you hereby grant the Company, its affiliates and subcontractors, a non-exclusive (meaning you are free to license your Content to anyone else in addition to the Company),fully-paid and royalty-free (meaning that the Company is not required to pay you for the use on the Website of the Content that you post) worldwide, irrevocable licence to use, publicly perform or display, modify and translate such content on the Website. Without this license, the Company would be unable to provide the Website. For example, without the right to modify Member Content, the Company would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, the Company could not allow Users to listen to music posted by Members
• Any rights not expressly granted by the Company in this Agreement are reserved.
• Content Posted.

• Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its employees and sub-contractors shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
• You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post and display on this Website.
• You are prohibited from posting or transmitting to or from this Website any material that is: threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
• You may not misuse the Website (including, without limitation, by hacking).
• The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of Clause 8.2 or Clause 8.3.
• You acknowledge that We are not and cannot be responsible for the behaviour of anyone else on the Website. You should be aware that We do not generally pre-screen or monitor any material on the Website. The Company reserves the right to delete any Content that in the sole judgment of the Company violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.
• Your Warranties and Responsibilities
• You hereby undertake and warrant that:
• You own the Content posted by you on or through the Website or otherwise have the right to grant the licenses set forth in Clauses 7.6 and 11.3,
• The posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person
• Your Content is free from any third party claims;
• Any music, video or picture tracks uploaded onto the Website (“Uploads”) are new and original and not a cover;
• The Uploads do not contain any samples of any other music, video or pictures(or you have obtained the prior written permission from the owners of the copyright in the sampled music, video or pictures);
• Your Content does not infringe the rights of any third party, including intellectual property rights;
• Your Content does not contain any illegal, defamatory, offensive, obscene or pornographic matter;
• Your Content is free from computer virus or anything else that has contaminating or destructive properties;
• You shall pay any third parties who are entitled to a payment/royalty/fee and any other monies arising from the posting or use of your Content on the Website;
• You are at least 14 years of age;
• If you are at least 14 but under 18 years of age your parent or legal guardian has checked the relevant box and has agreed to enter into this Agreement on your behalf;
• You agree that the Company shall not be responsible or liable for the content or terms of use and practices of other websites that the Website may contain links to, and that all external websites are accessed at your own risk;
• You agree to indemnify and hold the Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them harmless from any loss, liability, damage, claim, or demand, including reasonable legal costs, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website causes the Company to be liable to another;
• The information you provided on registration is accurate, current and complete and you agree to maintain and update the data supplied to the Website and keep it accurate, current and complete.

Chat Rooms

• The chat rooms are provided for your use. The views and opinions that may be expressed on the chat rooms do not reflect those of the Company.
• The Company reserves the right (at its absolute discretion) to edit or delete any messages left on the chat rooms, including without limitation any message which contravenes this Agreement.
• By submitting information to the chat rooms, you grant the Company a non-exclusive worldwide royalty free perpetual irrevocable licence to use, distribute, adapt, modify, display, reproduce and transmit such information in any and all media in any manner in whole or in part without any obligation to account to you. You also grant the Company the right to grant licences to Users of the Website to view and copy such information for personal use.
• You must not use the discussion boards to display any material which is:
  • in contravention of any relevant local, national or international law or which incites or encourages the contravention of any such law;
  • racist, sexist or homophobic;
  • pornographic, obscene, profane or vulgar;
  • defamatory of any person, entity or organisation;
  • abusive, threatening or otherwise likely to be harmful to those persons likely to use the Website;
  • offensive, in the opinion of the Company;
  • infringing of the rights (including the intellectual property rights) of any person;
  • related to the conduct of a business.
  • You must report any message which you consider is in contravention of the rules set out in this Clause 11 by using the “Contact Us” link at the bottom of each Website page.
• Member Disputes. You are solely responsible for your interactions with other studentbook.org Members. The Company reserves the right, but has no obligation, to monitor disputes between you and other Members.
• Privacy. Use of the Website is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
• Disclaimers.
• You acknowledge that the use of the Website is at your own discretion and risk
• To the fullest extent permitted by applicable law We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty or merchantability, fitness for a particular purpose or non-infringement.3.No advice or information whether oral or written, obtained by you from the Company through the Website shall create any warranty not expressly made herein.
• The Company endeavours to ensure that the information on the Website is correct. However, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material, products and related prices on the Website at any time without notice. The material and Content on the Website may be out of date, and the Company makes no commitment to update such material and Content. Consequently the Website is provided on an “AS AVAILABLE” basis without warranty of any kind. We do not make any warranty as to the accuracy or reliability of any information obtained through the use of the Website or that the Website will meet your requirements.
• Profiles created and posted by Members on the Website may contain links to other websites. The Company is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by the Company. When you access these third-party sites, you do so entirely at your own risk. If you use these links, you leave this Website.
• The Website may contain advertising and sponsorship. The Company takes no responsibility for third party advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers. The Company excludes to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material or loss or damage incurred as a result of your participation in any promotional events or as a result of the presence of such third parties on the Website.
• The Company is not responsible for the conduct, whether online or offline, of any User of the Website.
• While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website are unavailable at any time or for any period. For the avoidance of doubt, access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
• You acknowledge that the Website may contain bugs, errors and other problems that may cause system failures. Consequently the material and Content on this Website is provided “as is”, without any conditions, warranties or other terms of any kind.
• Liability.
• The Company, any other party (whether or not involved in creating, producing,maintaining or delivering this Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
• Nothing in this Agreement shall exclude or limit the Company’s liability for:
  • death or personal injury caused by negligence (as such term is defined by theUnfair Contract Terms Act 1977) or;
  • fraud; or
  • misrepresentation as to a fundamental matter; or
  • any liability which cannot be excluded or limited under applicable law.
• If your use of material or Content on this Website results in the need for servicing, repair or correction of equipment, software or data you assume all costs thereof.
• The Company is not responsible for backing-up your materials, data or Content on the Website.
• You agree that you are owed no duty of care or other obligation by the Company and that, insofar as you may be owed any such duty or obligation, you waive all rights which you may have in respect of such duty or obligation.
• To the extent that in particular circumstances any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then in lieu of the provisions set forth herein in such circumstances, the Company shall be entitled to the maximum disclaimers and/or limitation on damages and liability available at law or in equity by such applicable law in particular circumstances, and in no event shall such damages or liability exceed ten pounds (£10).
• Acceptance of Terms and Conditions This Agreement is accepted upon your use of the Website or any related services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and the Company regarding the use of the Website.
• Assignment. The Company reserves the right to assign this Agreement and to assign or subcontract any or all of its rights and obligations under this Agreement. You may not without the express prior written consent of the Company assign or dispose of this Agreement.
• Other. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The Clause titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
• Governing law and jurisdiction. This Agreement shall be governed by and construed in accordance with English law. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the English courts.