Terms of Service
Last Updated: 21 May 2019
Welcome to the MLA Job List Web site (“the Job List”), provided by the Modern Language Association (also referred to as “we,” “us,” and “the MLA”).
Please read these Terms of Service (“Terms”) carefully because they constitute the agreement between you and the MLA governing your use of the Job List. If you do not agree to these Terms, you are not authorized to use the Job List. By using the Job List, you confirm you have read, understand, and agree to these Terms. We may change these Terms by posting an updated version on the Job List. The updated Terms will be effective immediately upon posting. If we decide that it is appropriate, we may provide additional notice of more significant changes. By continuing to use the Job List after we post updated Terms, you agree to be bound by the updated Terms. Please check these Terms regularly so that you are aware of any changes.
The Job List is provided as a service for scholars, students, and practitioners in humanities fields, as well as for other interested readers. The Job List is intended to allow employers to post and job seekers to search available positions. By using the Job List, you represent and warrant that you are at least 18 years old.
Accounts and Membership; Account Security
Accounts on the Job List are open to anyone working in or searching for employment or offering employment opportunities in humanities fields. Please note that only registered users of the Job List will be able to perform certain functions, such as saving search criteria for later use. For employers, much of your content on the Job List, including the job(s) that you post and your employer profile, will be made available to the general public.
If you create an account, you are responsible for maintaining the security of your account. You may not transfer your account or otherwise do anything to give another person access to it. You are responsible for all activities that occur under your account and any other actions taken in connection with the account. You must take reasonable steps to guard the security of your account, including by keeping your account username and password confidential. You represent and warrant that all information you provide in connection with your account is accurate and complete. If you learn that anyone has accessed or attempted to access your account or if any of your account information has changed, please contact firstname.lastname@example.org.
A job posting may not include more than one job or job description, more than one location, or more than one job category unless expressly permitted. All job postings must comply with applicable local, national, and international laws.
Certain aspects of the Job List are provided for a fee and you agree to the displayed pricing and payment terms, as they may be updated from time to time. You agree to pay all amounts owed by payment method authorized on the Job List. You will not be entitled to any refunds for any reason.
Rights and Responsibilities Related to the Job List Content
We respect intellectual property rights and expect users of the Job List to do so as well. The Job List content is protected by United States and international copyright. Users are permitted to use the Job List content as described below.
The Job List allows users who have registered for an account to post information about their institutions and available jobs at their institutions or information about themselves that is relevant to their search for a position, such as a résumé and other content (“User Content”).
If you provide any User Content, you are solely and entirely responsible for that content. You warrant and represent that: (i) you own, have acquired, or claim under the principle of fair use all the rights necessary to submit User Content that you provide to the Job List, including all the rights necessary for the MLA to reproduce, distribute, create derivative works of, and publicly display and perform, and otherwise make available the User Content on the Job List; (ii) your User Content does not and will not violate these Terms or any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, or other right of any kind; (iii) you are under no obligation that would in any way interfere with or prohibit your disclosure or use of the User Content you provide; (iv) your User Content contains no material or information furnished to you in confidence or with the understanding that it would not be disclosed or published; and (v) you will use the Job List and all personal information you collect in connection with your use of the Job List in compliance with all applicable privacy and data protection laws.
Each institution that posts on the MLA's Job List agrees to include in its post all statements as required by law; postings for positions in the United States will include a statement confirming the employer is an equal opportunity employer. The MLA will not be considered to be an employer with respect to any use of the Job List. Each institution is solely responsible for all due diligence concerning any candidate and MLA is not responsible in any manner whatsoever for any employment screening or decision.
From time to time, we may enter into an agreement with a third-party service provider (“Service Provider”) to enhance the Job List experience or extend its reach. These agreements may include the provision of metadata about your User Content to aggregating or indexing services or the ability for you to integrate external user information into your profile. Your use of the Job List indicates your acceptance of such arrangements.
You irrevocably release (on behalf of yourself and your heirs, family members, executors, successors and assigns) the MLA (and its directors, officers, employees, agents, and affiliates) from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark, copyright, libel, or defamation) arising out of the MLA’s use, as described in these Terms, of (i) your User Content; or (ii) use of your name (including your institution’s name) and, as applicable, likeness in connection with your User Content. If you are a California resident, you waive California Civil Code, section 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you reside in any other jurisdiction that places similar restrictions on a general release, you waive those restrictions to the maximum extent permissible under the applicable law.
We grant you access to the Job List on the condition that you not undertake any of the following actions in connection with your access to the Job List:
(1) Restrict or inhibit any other person from using the Job List;
(2) Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component or otherwise interfere with or disrupt the operation of the Job List or servers hosting or connected to the Job List;
(3) Use the Job List for any unlawful purpose or otherwise violate any applicable laws, rules, or regulations in connection with your use of the Job List;
(4) Transmit (i) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or that infringes on our or any third party’s intellectual property or other rights; (ii) any material, nonpublic information (about companies or otherwise) without the authorization to do so; (iii) any spam, advertisements, solicitations, chain letters, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing); or (iv) information that is inaccurate, false, or misleading;
(5) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble, or deface any portion of the Job List;
(6) Remove any copyright, trademark, or other proprietary rights notices contained in the Job List;
(7) Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Job List, the Job List content, or User Content; this limitation is not intended to restrict legitimate scholarly surveys of User Content or the Job List usage;
(8) Harvest or collect information about the Job List visitors without their unambiguous and informed consent;
(9) “Frame” or “mirror” any part of the Job List without our prior written authorization; or
(10) Transmit any content that is not in compliance with all applicable laws, rules, and regulations.
The MLA has no obligation to monitor User Content, but reserves the right to do so and to remove or edit User Content at any time for reason without notice.
If you use the Job List in any manner that is not permitted, the MLA reserves the right to bar your access to the Job List on a temporary or permanent basis.
Reporting Violations or Concerns
If you have reason to believe that any User Content or activity on the Job List violates these Terms or is illegal or inappropriate or to report any other behavior in connection with the Job List, please contact us by e-mail at email@example.com or write to the Associate Director of Programs and Manager of Digital Services, Modern Language Association, 85 Broad Street, suite 500, New York, NY 10004.
Links to Third-Party Web Sites
“The Modern Language Association,” “MLA,” “MLA Job List,” and all related trademarks, service marks, trade names, logos, and other indicia of source (collectively, “MLA Marks”) are the property of the MLA, and the MLA reserves all rights in the MLA Marks. You may not use the MLA Marks in any manner without the MLA’s written authorization. Additionally, you may not use the MLA Marks in connection with any product, service, opinion, cause, activity, or political candidate or in any manner that is likely to cause confusion among users or the public about whether we are the source, sponsor, or endorser of a product, service, opinion, cause, activity, or political candidate.
We may terminate these Terms and your access to the Job List at any time, at our sole discretion, without notice, including if we believe that you have violated these Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use the Job List in any way that violates these Terms or any applicable laws or regulations. You acknowledge that upon any termination of your account, we have the right, but not the obligation, to remove or discard your User Content.
You may terminate these Terms by closing your account and ceasing to use the Job List. All provisions of these Terms that by their nature should survive termination shall survive termination, including provisions relating to warranties, disclaimers, indemnity, and limitations of liability.
You agree to indemnify, defend, and hold harmless the MLA, its directors, officers, employees, agents, affiliates, contractors, licensors, and licensees (“Indemnified Parties”) against any and all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) arising out of or relating to: (i) your use of the Job List or breach of these Terms; (ii) any allegation that any materials that you submit to us or transmit to the Job List, including User Content, infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party or violate any law, rule, or regulation; or (iii) your activities in connection with the Job List or any services related to the Job List. Any Indemnified Party may, at its expense, assume the exclusive defense, control, and settlement of any matter for which that Indemnified Party is entitled to indemnification, and you agree to provide the Indemnified Party with whatever cooperation it reasonably requests.
No Warranties and Disclaimer of Liability
JOB POSTINGS, RÉSUMÉS, AND OTHER USER CONTENT ARE CREATED BY USERS AND THOSE USERS ARE SOLELY RESPONSIBLE FOR THEIR USER CONTENT. THE MLA HAS NO OBLIGATION TO, AND DOES NOT, VERIFY OR GUARANTEE THAT USER CONTENT PRESENTED ON THE JOB LIST, IS ACCURATE OR COMPLETE, AND WE WILL NOT BE LIABLE FOR ANY USER CONTENT THAT IS INACCURATE OR INCOMPLETE OR FOR ANY HARM OR DAMAGES ARISING FROM ANY CONTENT POSTED ON THE JOB LIST OR YOUR USE OF OR INABILITY TO USE OR ACCESS THE JOB LIST. THE JOB LIST IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU RELY ON THE JOB LIST SOLELY AT YOUR OWN RISK.
THE MLA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY, OPERATION, OR ADMINISTRATION OF THE JOB LIST OR ANY JOB LIST CONTENT. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE MLA SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED). THE MLA RESERVES THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE JOB LIST, WITH OR WITHOUT NOTICE, AT ANY TIME AND WITHOUT ANY LIABILITY TO THE JOB LIST USERS.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALICIOUS CODE TO THE JOB LIST, THE MLA DOES NOT GUARANTEE OR WARRANT THAT THE JOB LIST, OR SERVICES OR MATERIALS THAT MAY BE AVAILABLE THROUGH THE JOB LIST, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. THE MLA IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU USE THE JOB LIST OR THE JOB LIST CONTENT, YOU DO SO SOLELY AT YOUR OWN RISK.
THE MLA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE JOB LIST OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH IT, INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.
UNDER NO CIRCUMSTANCES WILL THE MLA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE JOB LIST OR MATERIALS OR SERVICES AVAILABLE THROUGH THE JOB LIST, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. UNDER NO CIRCUMSTANCES WILL THE MLA’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OR IN CONNECTION WITH YOUR USE OF THE JOB LIST CONTENT OR THE JOB LIST WEB SITE EXCEED $100. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THE MLA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NONINFRINGEMENT OF ANY CONTENT ON THE JOB LIST. THE MLA DOES NOT WARRANT THAT ALL THE MATERIAL ON THE JOB LIST IS CORRECT OR COMPLETE, AND THE MLA RESERVES THE RIGHT, WITHOUT INCURRING ANY LIABILITY UNDER ANY THEORY, TO CORRECT ANY ERRORS OR OMISSIONS ON THE JOB LIST.
Authority. If you access and use the Job List on behalf of an employer institution: (i) “you” includes you individually and that employer institution; and (ii) you represent and warrant that you are an authorized representative of the employer institution with authority to bind it to these Terms and you agree to these Terms on the employer institution’s behalf.
Entire Agreement. These Terms and other additional applicable terms and conditions displayed on the Job List constitute the complete agreement between you and the MLA regarding your use of the Job List and supersede any prior (oral or written) understandings or agreements regarding its subject matter.
Governing Law; Venue. Any dispute between you and the MLA regarding these Terms or your use of or access to the Job List is governed by the laws of the State of New York applicable to agreements wholly made and performed in New York, unless doing so would lead to the application of the laws of another jurisdiction. You irrevocably agree: (i) to bring any claim or dispute relating to your use of the Job List and these Terms exclusively in the state and federal courts located in the State and County of New York; (ii) to submit to the personal jurisdiction of those courts; and (iii) to waive any objection to the venue of those courts based on an inconvenient forum or other reasons.
Severability; Assignment; Including. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be revised to the extent necessary to make it enforceable and reflect the intent of these Terms, or, if that is not possible, it will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law (unless doing so would deprive either party of a material benefit of these Terms). You may not assign your rights or delegate your obligations under these Terms, and any attempt to do so will be null and void. The word “including” in these Terms is illustrative and means “including, but not limited to.”
If you have questions or comments about these Terms of Service, including the Privacy Statement, please direct them to the MLA’s director of administration and finance at firstname.lastname@example.org.