LEGAL NOTICE

ATTENTION: This Legal Notice applies to the entire contents of www.thestudentroom.co.uk and the websites associated services including (but not limited to) The Student Room Wiki (together the “Website”). This Legal Notice is issued by Acumen Professional Intelligence Limited (company number: 4666380) whose registered office is 3rd Floor, 33 Bond Street, Brighton, East Sussex BN1 1RD (“Acumen PI”).

The terms of this Legal Notice along with the Privacy Policy (the “Terms”) apply to all:

a) users, members, subscribers, customers and person who visits and use the Website; and

b) administrators, mini-moderators, moderators, supermoderators, PS helpers, wiki editors and any person holding a similar position of responsibility as may be identified by Acumen PI from time to time (the “Moderators”);

(collectively or individually the “Users”).

PLEASE READ THESE TERMS CAREFULLY. Using the Website indicates that you accept the Terms regardless of whether or not you choose to register with us. If you do not accept the Terms, do not use the Website.

1 INTRODUCTION

1.1 By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.

1.2 When using the Website, you will be subject to any additional posted guidelines or rules including (but not limited to), the “Forum Rules and Guidance”, “Announcements”, “Stickies” or any further guidance (which has been approved by Acumen PI) posted on the Website from time to time by a Moderator relating to a specific activity or feature (together the “Guidelines”). All such Guidelines are incorporated by reference into these Terms.

1.3 Acumen PI reserves the right to revise these Terms (including the Guidelines) at any time by updating them. You should check the Website from time to time to review the then current Terms, because it is binding on you. Certain provisions of these Terms may be superseded by expressly designated Terms or terms located on particular pages of the Website.

2 OWNERSHIP

2.1 You acknowledge that the Website is owned and operated by Acumen PI. Except as provided in clause 2.2, the copyright and all other intellectual property rights in all material on the Website (including (but not limited to) photographs and graphical images) are owned by Acumen PI or its licensors.

2.2 Users shall retain ownership rights in the text, messages, chat, files, images, photos, video, sounds, musical works, works of authorship or any other materials that they from time to time post or transmit to the Website (the “User-Generated Content”). Except as provided under clause 5.6, any User-Generated Content you post or transmit to the Website shall be considered non-confidential.

By submitting the User-Generated Content you hereby grant:

2.2.1 Acumen PI a permanent, non-exclusive, assignable, royalty free licence to display, reproduce, distribute and modify your User-Generated Content.

2.2.2 to all other Users a non-exclusive licence to display, reproduce or perform (if applicable) your User-Generated Content solely as necessary for such User to participate in the relevant Website activity or functionality.

3 USER-GENERATED CONTENT AND CONDUCT

3.1 Any use of the User-Generated Content by Users other than for private, non commercial research or study is strictly prohibited.

3.2 You are prohibited from posting or transmitting to or from the Website any material:

3.2.1 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

3.2.2 for which you have not obtained all necessary licences and/or approvals; or

3.2.3 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 any country in the world; or

3.2.4 which is technically harmful (including (but not limited to) computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
(together “Inappropriate User-Generated Content”)

3.3 Acumen PI shall fully co-operate with any law enforcement authorities or court order requesting or directing Acumen PI to disclose or identify or locate anyone posting any Inappropriate User-Generated Content.

3.4 Acumen PI accepts no responsibility for actively monitoring any forums contained in the Website for Inappropriate User-Generated Content. You agree that Acumen PI accept no liability whatsoever if Acumen PI so chooses from time to time to edit, restrict or remove the User-Generated Content.

4 PROHIBITED USE OF THE WEBSITE

4.1 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Acumen PI’s prior written consent.

4.2 You agree that you will not:

4.2.1 use the Website for any purpose that is unlawful (including (but not limited to) by hacking) or prohibited by these Terms;

4.2.2 use the Website in such a manner as would, in the sole discretion of Acumen PI, cause harm to the Website or other Users or otherwise interfere with the enjoyment of the Website;

4.2.3 harass, abuse, threaten or defraud another User;

4.2.4 use any robot, spider, scraper or other automated means to access the Website for any purpose;

4.2.5 attempt to gain authorised access to the Website through hacking, password mining or any other means; or

4.2.6 interfere or attempt to interfere with the proper working of the Website.

5 MODERATORS
(This section is only applicable to moderators)

5.1 Moderators shall be entitled to carry out such day-to-day tasks as are reasonably required for them to carry out their roles (as outlined in the relevant Guidelines), without prior approval from Acumen PI.

5.2 Moderators shall only be entitled to appoint or delegate authority in relation to the Website (for instance (but not limited to) appointment of a Moderator) with the prior approval of Acumen PI.

5.3 Each Moderator undertakes that he shall not at any time::

5.3.1 communicate or otherwise make available to any person, in whole or in part, any information provided by Acumen PI or a User which is marked as confidential or is imparted in circumstances importing an obligation of confidence (for instance (but not limited to) private messages, anonymous posts by Users or posts by Users on a “Ask a Moderator” or “Ask a Mini-Moderator”) (“Confidential Information”);

5.3.2 use the Confidential Information in whole or in part for any research, development or manufacture;

5.4 A Moderator shall disclose Confidential Information:

5.4.1 to the extent required by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, to the extent it is permitted to do so, it gives Acumen PI and, if relevant, the User as much notice of such disclosure as possible; or

5.4.2 to Acumen PI if the Confidential Information is relevant or subject to an investigation by Acumen PI for an alleged breach of these Terms, but only to that extent.

5.5 Each Moderator acknowledges and hereby agrees to adhere to the terms of the Privacy Policy and its obligations under the Data Protection Act 1998 in respect of any personal or sensitive information relating to any person that it may have access to on the Website (or any part of it).

5.6 Each Moderator agrees that they will:

5.6.1 not use the Website or the powers conferred on them by Acumen PI in such a manner as would, in the sole discretion of Acumen PI, cause harm to the Website or other Users;

5.6.2 use all tools, access to the Website (or any part of it) and any other powers or authorities provided or delegated to them by Acumen PI solely for the purposes of carrying out their responsibilities as detailed in The Guidelines, and at all times in good faith;

5.6.3 not unduly undermine or criticise User-Generated Content (including Confidential Information) on the Website; and;

5.6.4 not use User-Generated Content (including Confidential Information) to gain an unfair advantage over a User; and

5.6.5 immediately remove any content from the view of Users as soon as it becomes aware, or could reasonably be expected to be aware, of any User-Generated Content posted in breach of the Terms and assist in any subsequent investigation. If such content appears to be in significant breach of the law, or requires action or investigation from Acumen PI, then in addition, they will immediately notify Acumen PI.

5.6.6 immediately notify Acumen PI in the event the Moderator receives a request from a third party or User requiring or requesting any User-Generated Content to be removed from the Website on grounds it is defamatory, illegal, infringing, in breach of confidence or privacy or otherwise in breach of the Terms and for whatever reason such request is not actioned by you by removing the identical material immediately on receipt.

5.7 Acumen PI may terminate a position of a Moderator immediately without notice for any reason. In such circumstances the Moderator will cease to have access to the Website in its capacity as Moderator. The termination of a Moderator’s position will not affect clause 2, 9, 10 and 11 sub-clauses 5.3 to 5.5, and this sub-clause 5.7

5.8 Each Moderator agrees that they will seek Acumen PI’s guidance if they are in doubt about any of the forgoing provisions of this clause 5.

6 LINKS TO AND FROM OTHER WEBSITES

6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Acumen PI has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Acumen PI therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

6.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, any page of the Website, and subject to the following conditions:

6.2.1 you do not remove, distort or otherwise alter the size or appearance of The Student Room logo;

6.2.2 you do not in any way imply that Acumen PI is endorsing any products or services other than its own;

6.2.3 you do not misrepresent your relationship with Acumen PI nor present any other false information about Acumen PI;

6.2.4 you do not otherwise use The Student Room mark displayed on the Website without express written permission from Acumen PI;

6.2.5 you do not link from a website that you do not have the necessary authority or permission to link from; and

6.2.6 the website you are linking from does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of Acumen PI or any other person or otherwise does not comply with all applicable laws and regulations.

6.3 Acumen PI expressly reserves the right to revoke the right granted in clause 6.2 for breach of these Terms and to take any action it deems appropriate.

6.4 You shall fully indemnify Acumen PI for any loss or damage suffered by Acumen PI or any of its group companies for breach of clause 6.2.

7 REGISTRATION

7.1 The Website is not available for any person under the age of 12 or to any member banned, suspended or removed from the Website.

7.2 Each registration is for a single user only. Acumen PI does not permit you to share your user name and password with any other person nor with multiple users on a network.

7.3 Responsibility for the security of your password(s) rests with you.

8 SERVICE ACCESS

8.1 While Acumen PI endeavours to ensure that the Website is normally available 24 hours a day, Acumen PI shall not be liable if for any reason the Website is unavailable at any time or for any period.

8.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Acumen PI’s control.

9 DISCLAIMER

9.1 Acumen PI does not warrant the accuracy and completeness of the material on the Website (including the User-Generated Content). Acumen PI may make changes to the material on the Website (including User-Generated Content), or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Acumen PI makes no commitment to update such material.

9.2 The material on the Website (including the User-Generated Content) is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Acumen PI provides you with the Website on the basis that Acumen PI excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law) which, but for these Terms, might have effect in relation to the Website (including the User-Generated Content).

10 LIABILITY

10.1 Acumen PI, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Acumen PI’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 the Website (including the User-Generated Content) in any way or in connection with the use, inability to use or the results of use of the Website (including the User-Generated Content), any websites linked to the 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 the Website (including the User-Generated Content) or your downloading of any material from the Website (including the User-Generated Content) or any websites linked to the Website.

10.2 Nothing in these Terms shall exclude or limit Acumen PI’s liability for:

10.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

10.2.2 fraud; or

10.2.3 misrepresentation as to a fundamental matter; or

10.2.4 any liability which cannot be excluded or limited under applicable law.

10.3 If your use of material on the Website (including the User-Generated Content) results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

11 GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with English Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.