Updated September 26, 2017
YOUR ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND USE OF ANY MATERIALS (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES ANY APPLICABLE LAWS, RULES OR REGULATIONS.
Product & Services Information
All references on this Web Site to information, materials, products and/or services apply to information, materials, products and services available in the countries or jurisdictions specified only with respect to such information, materials, products and/or services only, unless otherwise stated. Nothing in this Web Site constitutes an offer to buy or sell our products or services in any jurisdiction. This Web Site is for information purposes only.
Ownership and Permitted Use of Materials
Unless otherwise indicated and except for materials in the public domain, this Web Site and its design, text, content, files, selection and arrangement of elements, organization, graphics, compilation, translations, digital conversion and other matters related to, and all trademarks, logos, service marks, symbols, trade dress and all Materials provided on or through, this Web Site are protected by all applicable copyright laws, trademark laws and/or international conventions and treaties. All Materials are the exclusive and proprietary property of PhishMe and/or its third-party licensors. ALL RIGHTS RESERVED.
Copyright and Trademark Claims
We respect the intellectual property rights of others and expect our customers and users of the Web Site and/or Materials to do the same. Whether you are the holder of a trademark or copyright, we are committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.
- To notify us that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.
- If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).
A. Trademark Claims
1. If you (the “Complaining Party“) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations and registrations on the Supplemental Register are not considered valid for these purposes), we request that the Complaining Party substantiate such claim by providing the following information via email to “abuse at phishme dot com”. The words “Trademark Claim” should appear in the subject line.
To be considered effective, a notification of a claimed trademark violation must include the following information:
- The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed, including registration number.
- The jurisdiction or geographical area to which the mark applies.
- The name, post office address and telephone number of the owner of the mark identified above.
- The goods and/or services covered by or offered under the mark identified above.
- The date of first use of the mark by the owner identified above.
- The date of first use in interstate commerce of the mark by the owner identified above.
- A description of the manner in which the Complaining Party believes its mark is being infringed upon.
- Sufficient evidence that the owner of the mark that is claimed to be infringing is a PhishMe customer, if applicable.
- The precise location of the infringing mark, including electronic mail address, etc.
- A statement that the Complaining Party has a good faith belief that use of the mark in the manner complained of is not authorized by the trademark owner, its agent, or the law; and
- A good faith certification, signed under penalty of perjury, stating that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of the mark alleged to be infringed and that the information included in the notice is accurate.
2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, we will initiate an investigation. While we are investigating the claim, we, at our sole discretion and without any legal obligation to do so, may temporarily remove the display of the challenged material from the Web Site or other location, forward the Complaining Party’s written notification to the applicable PhishMe customer (if applicable), and/or if it is solely stored on a PhishMe server, temporarily remove or deny access to the challenged material.
3. If we conclude that the Complaining Party has raised a legitimate trademark claim, we may, at our sole discretion and without any legal obligation to do so, permanently remove the display of the challenged material from the Web Site or other location, suspend the applicable customer’s PhishMe account and/or, if it is solely stored on a PhishMe server, permanently remove or deny access to the challenged material. If we conclude that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, we reserve the right to take no action or to restore, re-display or provide access to the challenged material (as applicable).
B. Copyright Claims
1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, we request that the Complaining Party substantiate such claim by providing us with the following information via email to “abuse at phishme dot com”. The words “Copyright Claim” should appear in the subject line. A copyright claim can also be submitted by mail to:
1608 Village Market Blvd., SE #200
Leesburg, VA 20175
To be considered effective, a notification of a claimed copyright infringement must include the following information:
- An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works (“Copyrighted Material”).
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
- A statement that the Complaining Party has a good faith belief that use of the Copyrighted Material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, we will remove or disable access to the material that is claimed by the Complaining Party to be infringing from the Web Site.
3. If the Complaining Party provides us with proper and appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit us to locate and remove or disable the allegedly infringing material in question, or includes information concerning repeat infringement, then we will forward the Complaining Party’s written notification to such alleged Infringer (“Alleged Infringer”) and shall take reasonable steps promptly to notify the Alleged Infringer that we have removed or disabled access to such material. You acknowledge that if you fail to comply with all of the requirements of this Section B, your notice of copyright infringement may not be valid.
C. Counter Notification Policy
1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide us Counter Notification by emailing “abuse at phishme dot com” and including the following:
- An electronic signature of the Alleged Infringer.
- Identification of the allegedly infringing material that has been removed or to which access has been disabled and the location on the Web Site at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the allegedly infringing material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The Alleged Infringer’s name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of the Federal District Court for the Eastern District of Virginia, or if the Alleged Infringer’s address is outside of the United States, for any judicial district in which PhishMe may be found, and that the Alleged Infringer will accept service of process from the Complaining Party or an agent of such party.
2. Upon receipt of a Counter Notification as described in Section 1 above, we will promptly provide the Complaining Party with a copy of the Counter Notification, and inform such party that we will replace the removed material or cease disabling access to it in ten (10) business days. We, in our sole discretion, will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless we first receive notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Alleged Infringer from engaging in infringing activity relating to the allegedly infringing material on Web Site.
D. Repeat Infringers
You acknowledge and agree that we are not responsible for the actions, content, accuracy, legality, decency, opinions expressed, privacy and security policies, and/or products or services provided or made available on or through any Unrelated Linked Web Site, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such web sites.
Links from other web sites
Any link to this Web Site without our prior written authorization is prohibited. In the event we grant you authorization to link to this Web Site from another web site, linking to any page other than the initial home page of www.phishme.com is prohibited. If you provide authorized access to this Web Site via link from another web site, then you are solely responsible for the actions, content, accuracy, legality, decency, opinions expressed, privacy and security policies, and/or products or services of, or made available on or through, such other web site and for any representations made or impressions created concerning PhishMe.
In the event we grant you authorization to link to this Web Site from another web site , such authorization shall be granted without assumption of any liability by us relating to or in connection with such links or any use or access thereof, and we hereby disclaim any and all such liability. We reserve the right to withdraw, in our sole discretion, any authorization granted by us to link to this Web Site from another web site at any time and for any reason.
Disclaimer of Endorsement
Any references to business or entities, products, processes, or services, or other organizations or individuals that are included on the Web Site by trade name, trademark or otherwise are provided solely for your information. These references are not intended to reflect the opinions of PhishMe concerning the significance, priority or importance to be given the referenced business, entity, product, service, organization or individual. Such references, including any that may relate to our Materials, are not endorsements or approvals by PhishMe, and should not be quoted or reproduced for the purpose of stating or implying endorsement or approval by PhishMe.
The posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited. Under no circumstances shall we be liable for any such material posted or transmitted by you by or through the Web Site.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
Statements on Web Site
The documents contained on (or directly accessible from) this Web Site may contain a number of forward-looking statements. Any statements that are not statements of historical fact (including, without limitation, statements to the effect that PhishMe or its management “believes,” “expects,” “anticipates,” “plans” and other similar expressions) should be considered forward-looking statements and should not be relied upon.
There are a number of important factors that could cause PhishMe’s actual results to differ materially from those indicated by such forward-looking statements, including general economic conditions, our continued ability to develop and introduce products, the introduction of new products by competitors, pricing practices of competitors, expansion of its sales distribution capability, the cost and availability of components, undetected software errors or bugs, our ability to control costs and other risk factors.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR THE MATERIALS, WHICH ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE, THE MATERIALS AND ANY WEB SITE WITH WHICH THIS WEBSITE IS LINKED. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING, MAINTAINING AND ENSURING THE COMPATIBILITY OF ALL HARDWARE, SOFTWARE AND OTHER COMPUTER REQUIREMENTS NECESSARY FOR YOUR ACCESS TO AND USE OF THE WEBSITE AND THE MATERIALS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER (A) THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT, (B) USE OF THE WEB SITE AND ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THE WEB SITE AND THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME, OR (D) THE WEB SITE AND MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY THIRD-PARTY LICENSOR WILL BE LIABLE WITH RESPECT TO ANY DECISIONS MADE BY YOU OR ANY OTHER PERSON AS A RESULT OF RELIANCE ON THE WEB SITE OR ANY MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Your use of the Web Site and the Materials is at your sole risk. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Web Site or any web site with which it is linked.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Exclusion of Liability
Indemnity and Release
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Web Site (or any portion thereof) and/or the information, materials, products and/or services made available on or through this Web Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Web Site.
Termination and Survival
Applicable Law & Jurisdiction