Effective prior to May 25, 2018 (view current version).
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND ZEROFOX INC. (“ZEROFOX”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: www.zerofox.com (“SITE”). BY USING OUR SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE OUR SITE OR ANY INFORMATION CONTAINED ON OUR SITE.
You need not enroll as a member to just visit and view our Site. However, if you elect to obtain or use any social media monitoring services or other products or services from us (each referred to as a “Service”) you must register for or enroll in the Service and agree to applicable guidelines, terms and agreements found here https://www.zerofox.com/terms-and-transparency/ (“Service Terms”). If any of these Terms are inconsistent with the Service Terms for the service you have ordered, the Service Terms will control with respect to that specific Service only.
WE MAY CHANGE, UPDATE, OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING THE UPDATED TERMS ON OUR SITE. YOUR USE OF OUR SITE AFTER WE HAVE UPDATED THE TERMS SHALL CONSTITUTE YOUR ACCEPTANCE OF ALL OF THE UPDATED TERMS. IF YOU DO NOT AGREE WITH ANY OF THE UPDATED TERMS YOU MUST STOP USING THE SITE.
By using our Site, you represent, acknowledge and agree that you are at least 18 years of age.
We provide content through our Site that is our copyrighted and/or trademarked work or that of our third-party licensors and suppliers or other users of our Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to your compliance with these Terms, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use our Site solely for your personal use. Except for this license, you have no other rights in our Site or any Materials and you may not in any manner modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any portion of our Site or Materials.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Links to Third-Party Sites
Links to Third-Party Sites
When using our Site, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access our Site.
- Take any action that imposes an unreasonable or disproportionately large load on our Site or infrastructure.
- Alter the opinions or comments posted by others on our Site.
- Post anything contrary to our public image, goodwill or reputation.
- Use the Site in any way that is harmful to us or third parties, infringes on the property rights of us or others, or otherwise violates applicable laws.
This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to terminate your ability to post to our Site with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to our Site or to any other user of our Site.
We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity related to our Site or our services.
You agree to indemnify and hold us, and our officers, directors, employees, affiliates, agents, licensors, and business partners, harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) that we, or any other indemnified party, suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of our Site (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Certain features of our Site may allow you to submit comments, ideas or other unique content. You are responsible for all content or material that you submit, upload, post or otherwise make available on or through our Site (each a “Submission”). You may not upload, post or otherwise make available on our Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through our Site.
Those prohibitions do not require us to monitor, police or remove any Submissions or other information submitted by you or any other user.
“ZeroFOX” and variations thereof are our trademarks in the United States. Other trademarks, names and logos on our Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on our Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of ZeroFOX, Inc., Copyright © 2013. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to our services, our Site or the Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever.
Intellectual Property Infringement
We respect the intellectual property rights of others, and we ask you to do the same.
If you believe that your work is being infringed on our Site, please provide us a written notice containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider 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 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA takedown notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to us designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right to terminate the account or access of any user of our Site who we believe, in our sole discretion, is a repeat infringer or copyright or another intellectual property right.
Disclaimer of Warranties
Your use of our Site is at your own risk. We have not verified or authenticated the Materials in whole or in part and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy of timeliness of the Materials contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.
ZEROFOX, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. THERE MAY BE ADDITIONAL DISCLAIMERS OF WARRANTIES IN SERVICE TERMS APPLICABLE TO SERVICES.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZEROFOX AND OUR AFFILIATES OR THEIR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR MATERIALS OR WITH ANY PROVISION OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE AND MATERIALS.
Local Laws; Export Control
We control and operate our Site from our headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use our Site outside the United States of America, you are responsible for following applicable local laws. By using the Site, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms and the Site will be governed by the laws of the State of Delaware, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by the federal laws of the United States. Foreign laws do not apply.
You will indemnify and hold ZeroFOX (and our officers, directors, agents, subsidiaries, joint ventures, licensees, employees, and third-party partners) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or regulation, or the rights of any third party.
Neither these Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void. Any waiver of our rights under these Terms must be in writing, signed by ZeroFOX, and any such waiver shall not operate as a waiver of any future breach of these Terms. In the event any portion of these Terms is found to be illegal or unenforceable, such portion shall be severed from these Terms, and the remaining terms shall be separately enforced. Our failure to enforce any of these Terms is not a waiver of such term. Your use of the Site shall at all times comply with all applicable laws, rules, and regulations. These Terms, and all documents incorporated into these Terms by reference, are the entire agreement between the parties with respect to this subject matter, and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to our Site without prior notice to you. We reserve the right to terminate or modify the Site or Materials, as well as your access to the Site or Material or any Submissions, at any time, without prior notice.