Terms of Use
Last Updated Date: Sep 22, 2025
Academia, Inc. ("Academia.edu" or "we") offers a solution which enables its users, including graduate students and academics, to create academic profile pages, to accelerate research by creating and sharing research content, to connect with other users around the world including to those with the same or similar research interests and to use and leverage other features and functionality made available via Academia.edu, including, but not limited to, generating adaptations of Member Content in various media formats including by way of example, a podcast (collectively the "Services") through our website, accessible at academia.edu (the "Site"). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at academia.edu/privacy and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site, Services and Collective Content (defined below), and constitute a binding legal agreement between you and Academia.edu.
ARBITRATION NOTICE: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ACADEMIA.EDU THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE "DISPUTE RESOLUTION" SECTION BELOW FOR DETAILS REGARDING ARBITRATION.
Key Content-related Terms
“Content” means text, graphics, images, music, software, audio, video, information or other works of authorship.
“Academia.edu Content” means Content that Academia.edu makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
“Member” means a person who completes Academia.edu’s account registration process, as described under the “Account Registration” section below.
“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
“Collective Content” means, collectively, Academia.edu Content and Member Content.
Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR BY USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OUTPUT OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company, university or other legal entity, you represent and warrant that you have the authority to bind that company, university or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Modification
Academia.edu reserves the right, at its sole discretion, to modify the Site, Services and these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
Eligibility
The Site and Services are intended solely for persons who are 13 years of age or older. Any access to or use of the Site or Services by anyone under the age of 13 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 13 years of age or older.
Account Registration
In order to access certain features of the Site and Services and to post any Member Content on the Site or through the Services you must register to create an account (“Account”) and become a Member.
You may register directly via the Site or by logging into your account with certain third party social media or social networking sites ("SNS") (including, but not limited to, Facebook) via the Site, as described herein. If you decide to register through an SNS, we will extract the personal information you have provided to the SNS (such as your real name, username, email address and other information you make publicly available via the SNS) from the account you have with the applicable SNS and use that information to create your Account. The specific information that we extract may depend on the privacy settings you have with the SNS. You hereby consent to our access to and collection of all such personal information about you from any SNS you use to log into your account. During the registration process, you will be required to provide certain information and you will establish a username and a password.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Academia.edu reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Academia.edu of any unauthorized use of your Account.
Privacy
See Academia.edu’s Privacy Policy at academia.edu/privacy for information and notices concerning Academia.edu’s collection and use of your personal information.
Payments
Academia.edu may offer you the ability to access certain features through purchase of a recurring subscription (“Subscription”).
When you purchase a Subscription or make any other paid feature related purchase via the Services (each, a "Transaction"), you expressly authorize us (or our third party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address and additional information to verify your identity before completing your Transaction (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to store and continue billing you using your Payment Information and to provide your Payment Information to our third party payment processors as needed to complete your Transactions. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Further, as part of our order processing procedures, we may screen orders for fraud or other undesirable activity. If we feel an order could be fraudulent, unauthorized, or illegal, we reserve the right to refuse to process that order. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms. We may in our discretion change the Subscription terms by providing you with a notice sent to your email address on file with us. It is your duty to keep your email address current. If you do not agree to any changes that we notify you about, you no longer have the right to use our Services, and you must cancel your Subscription. Your failure to cancel your Subscription constitutes your acceptance of the changes.
If you elect to purchase an annual or monthly Subscription, you will be charged the annual or monthly Subscription fee (“Subscription Fee”) plus any applicable taxes, at the beginning of your Subscription and each year or month thereafter, respectively, at the then-current rate offered to you. We may change the amount of the Subscription Fee upon prior notice to you. If you elect to purchase an annual Subscription, we (or our third party payment processor) will automatically charge you on the anniversary of the commencement of your Subscription using the Payment Information you have provided. If you elect to purchase a monthly Subscription, we (or our third party payment processor) will automatically charge you each month, on the calendar day corresponding to the commencement of your Subscription, using the Payment Information you have provided. In the event your Subscription began on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date.
By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Academia.edu. Please be aware that any Subscription Fee is exclusive of all taxes. If at any point any applicable sales use, VAT, GST, excise, withholding or similar taxes or levies, whether domestic or foreign, exist, the Member is liable for them.
Trials. We may offer Subscriptions on a free trial basis ("Free Trial") or discounted, paid trial basis ("Discounted Trial") for a specified period of time. If we offer you a Free Trial or Discounted Trial, the specific terms of your Free Trial or Discounted Trial will be provided at signup and/or in the promotional materials describing the trial and your use of the trial is subject to your compliance with such specific terms. Free Trials or Discounted Trials may not be combined with any other offer. Except as may otherwise be provided in the specific terms for the Free Trial or Discounted Trial offer, Free Trial or Discounted Trials are only available to users who have not previously subscribed to the service in connection with which the Free Trial or Discounted Trial is being offered. When you agree to a Free Trial or Discounted Trial, you are also agreeing to sign up for a Subscription as described above and, consequently, unless you cancel your Subscription prior to the end of your Free Trial or Discounted Trial, we (or our third party payment processor) will begin charging your payment method on a recurring basis for the Subscription Fee (plus any applicable taxes) until you cancel your Subscription. Instructions for cancelling your Subscription are stated below in the "Cancelling Subscriptions" section. We reserve the right to modify or terminate Free Trial or Discounted Trials at any time, without notice, and in our sole discretion.
Cancelling Subscriptions.
You may cancel your Subscription by email or online before your next charge date to avoid future charges. SUBJECT TO APPLICABLE LAW, PLEASE NOTE, HOWEVER, THAT, EXCEPT FOR THE THIRTY (30) DAY PERIOD FOLLOWING THE START OF YOUR SUBSCRIPTION, ALL SALES ARE FINAL AND AFTER THE FIRST THIRTY (30) DAY PERIOD FOLLOWING THE START OF YOUR SUBSCRIPTION YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can either (i) email us at support@academia.edu, or (ii) initiate a cancellation through your account settings within the Services. You will be responsible for all Subscription Fees incurred for the then current Subscription period. If you cancel, your cancellation will become effective at the end of your current Subscription period. Subject to applicable law, you will not receive a refund for the current Subscription period but Academia.edu will allow you to access the Subscription features until the most recently paid-up Subscription period ends, and then we will terminate your access. Cancelling your Subscription won't cancel your Account. See the Termination and Account Cancellation section below for information on canceling your Account.
If we believe, in our sole discretion, that any Member of Academia.edu or Academia Premium or other Academia.edu paid services is in breach of our Terms, or acting outside of the letter or spirit of our Terms, we reserve the right to add limitations to your access to www.academia.edu, up to and including terminating all access to www.academia.edu. In this case, the Member in question is not eligible for any refunds on any portion of their subscription payment.
Ownership
The Site, Services and Collective Content (and Output (as defined below), as applicable) are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services, Collective Content and Output, including all associated intellectual property rights, including without limitation all AI models and systems, are the exclusive property of Academia.edu and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.
Your use of certain features of the Services that leverage artificial intelligence (AI) functionality may generate output for you (each, "Output") in response to: (i) your interaction, request or input; or (ii) Member Content uploaded or submitted to influence the Output or Services. As between you and Academia.edu, to the extent permitted by applicable law and subject to Academia.edu or any other third party's intellectual property rights in the Content you own all input or prompts that you provide to interact with such features. Upon your purchase of an applicable Subscription Academia.edu grants you a conditional license to use any Output generated by your input for personal and non-commercial purposes only. Academia.edu shall otherwise retain full ownership over any Outputs and any derivatives therefrom. You may not sublicense, resell, or publicly distribute Outputs without Academia.edu's express written permission. You acknowledge and agree that when you cancel your Subscription or your Subscription otherwise ends, Academia will, subject to applicable law, provide you with an opportunity to download or otherwise create a copy of your Output. If you do not download or create a copy of your Output within the time period made available to you by Academia.edu, the Output will be deleted and no longer available to you from Academia.edu.
Licenses Granted by Academia.edu to Academia.edu Content and Member Content
Subject to your compliance with the terms and conditions of these Terms, Academia.edu authorizes you to download, view and print any Academia.edu Content, solely for your personal and non-commercial purposes, and to access and use the Site and Services, including to download, view and print any Member Content solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, or any related information to which you may have access; except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Academia.edu or its licensors, except for the licenses and rights expressly granted in these Terms.
License granted by Member
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making any Member Content available through the Site or Services, you hereby grant to Academia.edu a worldwide, irrevocable, royalty-free, non-exclusive, transferable license to exercise any and all rights under copyright, in any medium, and to authorize others to do the same, in connection with operating and providing the Services and Content to you and to other Members, including the generation and hosting of Output and the use of AI to generate adaptations and other derivative works of Member Content, provided that the Member Content is not sold to a third party for a profit. Academia.edu does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Content. You agree that Academia.edu may analyze, transform, and create derivative works from Member Content in connection with providing and improving its Services.
By creating an Account with Academia.edu, you grant us a worldwide, revocable, non-exclusive transferable license to display your profile information (e.g., your name, city, institutional affiliations, and areas of interest) to other Academia.edu accountholders, including in connection with promoting Academia.edu’s services and features. It does not give Academia.edu any ownership rights in your profile information, which remains yours.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Academia.edu the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Academia.edu's use of the Member Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Content from Social Media and Networking Sites
As part of the functionality of the Site and Services, you may link your Account with online accounts you may have with third party service providers (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login information to Academia.edu through the Site or Services; or (ii) allowing Academia.edu to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Academia.edu and/or to grant Academia.edu access to your Third Party Account (including, but not limited to, for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Academia.edu to pay any fees or making Academia.edu subject to any usage limitations imposed by such third party service providers.
By granting Academia.edu access to any Third Party Accounts, you understand that Academia.edu will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("Third Party Account Content") so that it is available on and through the Site and Services via your Account. Unless otherwise specified in these Terms, all Third Party Account Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on the Site and Services. Please note that if a Third Party Account or associated service becomes unavailable or Academia.edu's access to such Third Party Account is terminated by the third party service provider, then the Third Party Account Content that was available from such Third Party Account will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Account and your Third Party Accounts, at any time, by accessing your Account Settings page. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Academia.edu makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Academia.edu is not responsible for any Third Party Account Content.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or Services ("Feedback"). You may submit Feedback by emailing us at feedback@academia.edu or through the "Ideas" section of the Site. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose, including for the purpose of advertising, selling, or soliciting the use or purchase of Academia.edu's Services. You agree that Academia-edu may use your feedback to improve its AI models and Services without restriction, even if the feedback relates to specific Outputs or includes derivative ideas.
General Prohibitions
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content or submit any input that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, knowingly false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use the Services or any Output in a manner that violates the usage policies of any third party services providers to Academia.edu's whose services are used by Academia.edu to facilitate AI functionality applicable providers;
- Utilize the Services (including any AI functionality), documentation, input or Output to train, improve or have trained or improved an AI model (e.g., engage in "model scraping");
- Utilize Outputs to create datasets for benchmarks for any commercial purpose;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer);
- Use, display, mirror or frame the Site, or any individual element within the Site or Services, Academia.edu's name, any Academia.edu trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Academia.edu's express written consent;
- Access, tamper with, or use non-public areas of the Site, Academia.edu's computer systems, or the technical delivery systems of Academia.edu's providers;
- Attempt to probe, scan, or test the vulnerability of any Academia.edu system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Academia.edu or any of Academia.edu's providers or any other third party (including another user) to protect the Site, Services or Collective Content (including any AI systems);
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Sell, sponsor, or otherwise monetize any feature of the Services, without Academia.edu's consent;
- Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Academia.edu or other generally available third party web browsers;
- Use bots or other automated methods to access the Services, add or download contacts or profile information;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Academia.edu trademark, logo URL or product name without Academia.edu's express written consent;
- Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Access the Services except through the interfaces expressly provided by Academia.edu;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer, engage in any of the adversarial attacks set forth in the NIST AI 100-2 E 2023 publication available at https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-2e2023.pdf, or otherwise attempt to derive or gain improper access to any of the software, components, models, algorithms or systems used to provide the Site, Services or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with or endorsement by any person or entity, including Academia.edu;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Academia.edu will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Academia.edu may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Academia.edu has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Academia.edu reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, but not limited to, Collective Content that Academia.edu, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.
Copyright Policy
Academia.edu respects copyright law and expects its users to do the same. It is Academia.edu’s policy to terminate, in appropriate circumstances, Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Academia.edu’s Copyright Policy at academia.edu/copyright, for further information.
Links
The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that Academia.edu is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Academia.edu of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
Termination and Account Cancellation
Academia.edu reserves the right, at its sole discretion, to discontinue or terminate the Site and Services and to terminate these Terms, at any time and without prior notice. Academia.edu will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Academia.edu reserves the right to revoke your access to and use of the Site, Services, Content and Collective Content at any time, with or without cause. You may cancel your Account at any time by visiting your Account Settings page and clicking on "Delete My Account" or by sending an email to feedback@academia.edu.
Disclaimers
THE SITE, SERVICES, OUTPUT AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ACADEMIA.EDU EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ACADEMIA.EDU MAKES NO WARRANTY THAT THE SITE, SERVICES, OUTPUT OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ACADEMIA.EDU MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OUTPUT OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES OR OUTPUT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ACADEMIA.EDU OR THROUGH THE SITE, SERVICES, OUTPUT OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT ACADEMIA.EDU DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES ACADEMIA.EDU MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. ACADEMIA.EDU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Due to the nature of machine learning, the Output may not be unique and the Services may generate the same or similar output for you or a third party. Your ownership of Output as set forth in the Ownership section does not extend to other Academia.edu customers' output. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE SERVICES MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, ACADEMIA.EDU WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM COLLECTIVE CONTENT, INPUT, OUTPUT OR THEIR USE. FURTHER, ACADEMIA.EDU WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR COPYRIGHT, PATENT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY CLAIMS IN CONNECTION WITH OUTPUTS. You will evaluate the content, nature, accuracy, and intellectual property status of any Output as appropriate for the applicable use case, including by using human review of the Output.
Indemnity
You agree to defend, indemnify, and hold Academia.edu, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use or misuse of the Site, Services, Collective Content, your Output or their processing or use by Academia.edu, or your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, COLLECTIVE CONTENT AND OUTPUT REMAINS WITH YOU. NEITHER ACADEMIA.EDU NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT OR OUTPUT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, COLLECTIVE CONTENT OR OUTPUT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ACADEMIA.EDU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT FORESEEABLE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL ACADEMIA.EDU'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, COLLECTIVE CONTENT OR OUTPUT EXCEED THE GREATER OF FIFTY DOLLARS ($50) AND SUBSCRIPTION FEES PAID BY YOU DURING THE 12 MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACADEMIA.EDU AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Academia.edu used herein are trademarks or registered trademarks of Academia.edu. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Terms for SMS Services
The Services also include SMS/text messages sent by Academia.edu including, but not limited to, informational and promotional messages (the "SMS Services"). The SMS Services may be powered by third-party tools.
By signing up for the SMS Services, you agree to receive one-time and recurring SMS/text messages from Academia.edu through your wireless provider to the mobile number you provided. If your mobile number is registered on any state or federal Do Not Call list, but you then opt-in to our SMS Services, then you agree to receive text messages and supersede your prior decision to be placed on the Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.
Consent for promotional text messages is not a condition of purchase. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the SMS Services at any time. To opt out of SMS Services, text the single keyword command STOP to 866-604-9689. For support or assistance related to the SMS Services, text HELP to 866-604-9689, or email support@academia.edu. We may change any telephone number we use to operate the SMS Services at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests we do not receive.
The wireless carriers supported by the SMS Services are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the SMS Services with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Services, any errors in such information, and/or any action you may or may not take in reliance on the information or the SMS Services.
Controlling Law
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the "Dispute Resolution" section, the exclusive jurisdiction for all Disputes that you and Academia.edu are not required to arbitrate will be the state and federal courts located in the City and County of San Francisco, and you and Academia.edu each waive any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Academia.edu and you regarding the Site, Services, Collective Content and Output, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Academia.edu and you regarding the Site, Services, Collective Content and Output.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Academia.edu’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Academia.edu may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Academia.edu (i) via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Dispute Resolution
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class or representative proceeding. You and Academia.edu agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Academia.edu are each waiving the right to a trial by jury, the right to a trial by judge, or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Pre-Arbitration Notice and Informal Resolution. Before either party may initiate arbitration, the party must first provide the other with a written 'Notice of Dispute' that includes the claimant's name, account information, an individualized description of the dispute, the claimant's specific alleged injury, and the relief sought. Notices to Academia.edu must be sent to legal@academia.edu. Notices to you will be sent to the email address on file for your account. The parties shall attempt in good faith to resolve the dispute informally. If the dispute is not resolved within sixty (60) days after receipt of the Notice of Dispute, either party may commence arbitration.
Exceptions. As limited exceptions to the paragraph above: (i) we both may seek to resolve a Dispute in small claims court if it otherwise qualifies for small claims court jurisdiction; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of any copyright, trademark, patent or trade secrets.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") and, as applicable, its Mass Arbitration Supplementary Rules then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless you and Academia.edu both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement, except as provided below under "Delegation of Arbitrability."
Mass Arbitration / Batching Procedures. If 25 or more arbitration demands of a substantially similar nature, alleging substantially similar or identical claims or causes of action, are filed against us by the same counsel or law firm (or collection of legal counsel or law firms), AAA shall (i) group the arbitration demands into batches of no more than 50 demands per group; and (ii) provide for resolution of each group or batch as a consolidated arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. You and Academia agree to cooperate in good faith with AAA to implement the aforementioned protocol for mass, collective, and/or batch arbitrations with regard to resolution, fees, and administration. To the extent AAA does not enforce these batching procedures, the parties agree that AAA shall endeavor to assign multiple proceedings to a single, mutually agreeable merits arbitrator.
Delegation of Arbitrability Issues. Except as provided in this paragraph, the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. Notwithstanding the foregoing, disputes concerning the enforceability, validity, or interpretation of the Pre-Arbitration Notice and Informal Resolution or Mass Arbitration / Batching Procedures shall be resolved exclusively by a court of competent jurisdiction, not by an arbitrator.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Academia.edu will bear those fees to the extent required by law and AAA Rules, but Academia.edu reserves the right to seek reallocation if the arbitrator determines a claim is frivolous, duplicative, or filed in bad faith.
Injunctive and Declaratory Relief. Except as provided in "Exceptions" above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Notwithstanding the foregoing, if you or Academia.edu seek 'public injunctive relief' i.e., relief whose primary purpose and effect is to prohibit unlawful acts that threaten future injury to the general public under California law), the claim for such relief may be litigated in a civil court of competent jurisdiction. All other claims remain subject to individual arbitration only. Any court proceeding for public injunctive relief shall be stayed pending the outcome of the merits of individual claims in arbitration.
Class Action Waiver. YOU AND ACADEMIA.EDU AGREE THAT NEITHER PARTY MAY ASSERT CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. However, nothing in this section shall prevent you or Academia.edu from participating in a class-wide settlement of claims. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Changes. Notwithstanding the provisions of the "Modification" section above, if Academia.edu changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to feedback@academia.edu) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Academia.edu's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Academia.edu in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). If you do not reject in writing any such changes to the "Dispute Resolution" section within 30 days of the date such change became effective, you consent to be bound by the "Dispute Resolution" terms as modified.
Severability
With the exception of any of the provisions in the Class Action Waiver section above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Waiver
The failure of Academia.edu to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Academia.edu. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contacting Academia.edu
If you have any questions about these Terms, please contact Academia.edu at feedback@academia.edu.