Profology is a professional social network created exclusively for higher education faculty, staff and administrators. It provides members with individualized, discipline-specific content, and enables collaboration with colleagues across academia.
The services offered by Profology ("Profology" or "we") include the Profology.com website (the "Profology Website"), and any other features, content, or applications offered from time to time by Profology in connection with the Profology Website (collectively, the "Profology Services").
Profology may modify this Agreement from time to time and such modification shall be effective upon posting by Profology on the Profology Website. You agree to be bound to any changes to this Agreement when you use the Profology Services 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.
Profology reserves the right, in its sole 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 Profology Services at any time, for any or no reason, with or without prior notice, and without liability. Profology expressly reserves the right to remove your Profile and/or restrict, suspend, or terminate your access to any part of Profology Services if Profology determines, in its sole discretion, that you pose a threat to Profology and/or its Users.
Eligibility. Use of and Membership in the Profology Services is void where prohibited. By using the Profology Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Profology Services does not violate any applicable law or regulation (e) you work or have worked in an institution of higher education (i.e. college, university or other) (f) you are not an undergraduate student. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you have violated the terms of services.
Term. This Agreement shall remain in full force and effect while you use the Profology Services 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. Profology may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
Fees. You acknowledge that Profology reserves the right to charge for the Profology Services and to change its fees from time to time in its discretion. If Profology terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
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 Profology 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 Users. Profology Services are 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 Profology. Illegal and/or unauthorized use of Profology Services, 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 Profology Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member CV's without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Profology Services.
Proprietary Rights in Content on Profology.
Profology does not claim any ownership rights in the text, files, images, photos, papers, books, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Profology Services. After posting your Content to the Profology Services, 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 or through the Profology Services, you hereby grant to Profology a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Profology Services. The license you grant to Profology is non-exclusive (meaning you are free to license your Content to anyone else in addition to Profology), fully-paid and royalty-free (meaning that Profology is not required to pay you for the use on the Profology Services of the Content that you post), sublicensable (so that Profology is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Profology Services), and worldwide (because the Internet and the Profology Services are global in reach). This license will terminate at the time you remove your Content from the Profology Services. The license does not grant Profology the right to sell your Content, nor does the license grant Profology the right to distribute your Content outside of the Profology Services.
You represent and warrant that: (i) you own the Content posted by you on or through the Profology Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Profology Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Profology Services.
The Profology Services contain Content of Profology ("Profology Content"). Profology Content is protected by copyright, trademark, patent, trade secret and other laws, and Profology owns and retains all rights in the Profology Content and the Profology Services. Profology hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Profology Content (excluding any software code) solely for your personal use in connection with viewing the Profology Website and using the Profology Services.
The Profology Services contain Content of Users and other Profology licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Profology Services.
Profology may delete any Content that in the sole judgment of Profology violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Profology assumes no responsibility for monitoring the Profology Services for inappropriate Content or conduct. If at any time Profology chooses, in its sole discretion, to monitor the Profology Services, Profology nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Profology Services, and any material or information that you transmit to other Members and for your interactions with other Users. Profology does not endorse and has no control over the Content. Content is not necessarily reviewed by Profology prior to posting and does not necessarily reflect the opinions or policies of Profology. Profology makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Profology Services. Profology reserves the right to investigate and take appropriate legal action against anyone who, in Profology's sole discretion, violates this provision, including without limitation, removing the offending communication from the Profology Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Profology:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices.
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, "spimming," or "spamming";
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
is unlawful, or promotes unlawful activity, or is content that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
The following is a partial list of the kind of activity that is illegal or prohibited on the Profology Website and through your use of the Profology Services. Profology reserves the right to investigate and take appropriate legal action against anyone who, in Profology's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the Profology Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Profology Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Profology reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Profology deems appropriate in its sole discretion.
any automated use of the system, such as using scripts to add colleagues or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Profology Services or the networks or services connected to the Profology Services;
attempting to impersonate another Member or person;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your CV;
using any information obtained from the Profology Services in order to harass, abuse, or harm another person;
using the Profology Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Profology to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Profology by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Profology Services in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org, providing the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located on the Profology website; (iii) your address, telephone number, and email address; (iv) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Member Disputes. You are solely responsible for your interactions with other Profology Members. Profology reserves the right, but has no obligation, to monitor disputes between you and other Members.
Disclaimers. Profology is not responsible for any incorrect or inaccurate Content posted on the Profology Website or in connection with the Profology Services, whether caused by Users of the Profology Services or by any of the equipment or programming associated with or utilized in the Profology Services. CV's created and posted by Members on the Profology Website may contain links to other websites. Profology 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 Profology. Inclusion of any linked website on the Profology Services does not imply approval or endorsement of the linked website by Profology. When you access these third-party sites, you do so at your own risk. Profology takes no responsibility for third party advertisements which are posted on this Profology Website or through the Profology Services, nor does it take any responsibility for the goods or services provided by its advertisers. Profology is not responsible for the conduct, whether online or offline, of any User of Profology Services. Profology assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Profology is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or media or other players due to technical problems or traffic congestion on the Internet or on any of Profology Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Profology Services. Under no circumstances shall Profology be responsible for any loss or damage, including personal injury or death, resulting from use of Profology Services, attendance at a Profology event, from any Content posted on or through the Profology Services, or from the conduct of any Users of the Profology Services, whether online or offline. Profology Services are provided "AS-IS" and as available and Profology expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Profology cannot guarantee and does not promise any specific results from use of the Profology Services.
Limitation on Liability. IN NO EVENT SHALL PROFOLOGY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PROFOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROFOLOGY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PROFOLOGY FOR THE PROFOLOGY SERVICES DURING THE TERM OF MEMBERSHIP.
Disputes. If there is any dispute about or involving the Profology Services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York. Either Profology or you may demand that any dispute between Profology and you about or involving the Profology Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Rochester, New York, USA, provided that the foregoing shall not prevent Profology from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold Profology, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Profology Services 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 Profology Website or through the Profology Services causes Profology to be liable to another.
Other. This Agreement is accepted upon your use of the Profology Website or any of the Profology Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Profology regarding the use of the Profology Services. The failure of Profology to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section 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.