Terms & conditions - Stilwell


Stilwell Virtual Community



This page states the Terms and Conditions of Use (the “Terms”) under which you may use the Stilwell Virtual Community (“Stilwell”) web application located at www.stilwelleducation.com Please read this page carefully.  If you do not accept the Terms stated here, do not use Stilwell.  University of Cumbria, referred to as “University” throughout, may review these Terms at any time by updating this posting. 


You should visit this page periodically to review the Terms because they are binding on you.

Continued use of Stilwell constitutes your agreement to all such revised Terms.

Your use of Stilwell is also governed by the Privacy Policy applicable to the web application ("Privacy Policy"), the provisions of which are hereby incorporated within these Terms.

1.                Use of material

1.1             University authorises you to view and download a single copy of the material on Stilwell solely for your personal, non-commercial use.

1.2             Except where expressly stated otherwise, all information contained on Stilwell is owned by or licensed to University. The information and content contained on Stilwell, such as text, graphics, software, images and other such material (“Material”), are protected by (without limitation) copyright, database rights, registered designs, unregistered design rights, registered trademarks, passing-off rights or rights protected under unfair competition laws, all of which may be protected under both English and foreign laws (“Intellectual Property Rights”)  Unauthorised use of the Material may violate University’s Intellectual Property Rights.  You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.

1.3             You undertake that you will:

1.3.1         Only view and use Stilwell for delivery of learning and teaching within your own organisation, for registered students or other training purposes.  You may not sell, publish or modify the Material or reproduce, display, publicly, perform, distribute, store, retransmit or otherwise use the Material in any way for any other public or commercial purpose;

1.3.2                not use Stilwell other than in accordance with these Terms and (without limitation) not in any way that causes or may cause all or part of Stilwell or any Material to be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in any way impaired;

1.3.3                not use Stilwell or the Material in any manner which constitutes an infringement of any third party rights (including Intellectual Property Rights);

1.3.4                not use Stilwell or the Material to transmit any information or content for the purposes of publicity, promotion and/or advertising without the prior written consent of University;

1.3.5                not send a message or communication which is (or may be considered to be) offensive, abusive, defamatory, obscene, menacing or illegal or which causes annoyance, inconvenience or needless anxiety to, or breaches the rights of any other person;

1.3.6                not perform any illegal activity;

1.3.7                not upload, post, publish or transmit any material which is protected by copyright or other Intellectual Property Right without the prior written consent of its owner;

1.3.8                not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or

1.3.9                not gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.

1.4             The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.

1.5             If you violate any of these Terms your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

1.6             If you access certain parts of Stilwell using a password, you must not reveal that password to anyone else.  If your password is revealed to someone else, you must immediately change the password or let us know.  We will assume that any actions taken under the password (including any breach of these Terms) are taken by you unless we are informed in writing beforehand.

1.7             Stilwell is hosted by the University of Cumbria. A fixed number of user logins for an agreed period are provided according to the terms of the purchase order or contract of sale.

1.8             Technical support to users and terms of delivery are governed by the Service Level Agreement.

2.                 LIABILITY OF UNIVERSITY

2.1             Stilwell and Material are provided on an “as is” basis without any warranties of any kind.  The use of Stilwell and the Material is at your own risk and University has no obligation to maintain any Material, products and/or services available at any time through Stilwell. Changes are periodically made to Stilwell and may be made at any time. 

2.2             University makes no warranties about the accuracy, reliability or completeness of the Material, services, software text, graphics and links or about the accuracy, reliability or completeness of the Material or about the results to be obtained from using Stilwell and the Material.  University is not, to the extent permitted by law, responsible for any loss or damage suffered as a result of reliance on the Material and/or Stilwell. 

2.3             University does not warrant that Stilwell will operate error-free or that Stilwell and its server are free of computer viruses and other harmful goods.  If your use of Stilwell or the Material results in the need for servicing or replacing equipment or data, University is not responsible for those costs and will not be liable for any loss or damage suffered as a result.

2.4             Nothing in these Terms is intended to exclude or limit the liability of University for death and/or personal injury suffered as a result of its negligence or the negligence of its employees and agents.

3.                 Links to other sites

3.1             Stilwell may contain links to third party websites.  These links are provided solely as a convenience to you and not as an endorsement by University of the contents on such third party websites.  University is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites.  If you decide to access linked third party websites, you do so at your own risk.

4.                 indemnity

4.1             You agree to defend, indemnify and hold harmless University, its partners from time to time being, its employees and agents, from and against any claims, liabilities, damages, costs, actions or demands, including without limitation reasonable legal and accounting costs, alleging or resulting from your use or misuse of the Material or your breach of these Terms.

5.                TERMINATION

5.1             University shall, at any time, have the right to terminate your use of Stilwell immediately and without notice to you.

6.                General

6.1             Stilwell is based in England & Wales.

6.2             Access to the Materials may not be legal by certain persons or in certain countries.  If you access Stilwell from outside of England or Wales you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

6.3             The construction, validity and performance of these Terms shall be governed in all respects by English law, and the Parties agree to submit to the exclusive jurisdiction of the English courts.

6.4             If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

6.5             No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

6.6             Except as expressly provided in a particular Policy or material on particular web pages of Stilwell, these Terms constitute the entire agreement between you and University with respect to use of Stilwell.

6.7             Throughout these Terms, use of the singular includes the plural and any one gender includes all other genders.