Phenom Terms & Conditions
Phenom's Website Terms and Conditions
1. Phenom’s Terms & Conditions
Thank you for visiting the website of Phenom People, Inc. (“Phenom”, “We”, “Us” or “Our”). The (Standard) Terms and Conditions concern both the unregistered and the registered users’ (“You” or “Your”) access to and use of the website www.phenom.com (“Website”), all of its subsections and related domains or subdomains. The Standard Terms and Conditions (“Terms and Conditions”) detail how information available on the websites, including services, content, and functionality, can and cannot be used. By using the Website, You accept these Terms and Conditions and our Privacy Policy, found at: https://www.phenom.com/privacy-policy, which shall be binding. If You do not agree, You must not access or use the Website. For purposes of clarity, the Terms and Conditions do not apply to Phenom’s platform as provided to its customers. Phenom and its customers enter into individual Master Subscription Agreements and the terms and conditions set forth therein shall take precedence and supersede these Terms and Conditions in the event of any conflict as applicable for Phenom’s customers only.
2. Access to and Use of the Website.
Phenom shall have the exclusive right to, at any point without notice, take down, restrict, make otherwise inaccessible or amend this Website in whole or in part, including any information provided on the Website. Phenom shall not be held responsible for any such disruptions, for any amount of time or any number of damages potentially caused. It is Your responsibility to, within your capacity, ensure that You made all necessary arrangements to access the Website. You are also required to ensure that those accessing the Website via Your internet connection are made aware of the Terms and Conditions and adhere to them.
Accessing certain parts of the Website requires prior registration. Registering requires You to provide Us with accurate, current, and complete information. The Privacy Policy governs how Your registration data is used, and You agree that Phenom can process this data in any way as far as the Privacy Policy allows.
It is required that You hold in strict confidence any login information We may provide You in relation to Our Website functionality. You also agree to not share your personal account with any person who then may subsequently use Your information to visit parts of the website or access any content they would otherwise not be able to do. You shall inform Phenom immediately after becoming aware of any actual breach of security connected with our account, including but not limited to unauthorized access or login and password compromise. You agree to “log out” (exit) from Your account after each completed use of Our Website, exercising increased caution when accessing the Website from a non-personal device, such as a public or shared computer.
Phenom has the exclusive right to, at any point, with no notice and for any or no reason, disable or limit Your access to of any password, username, or other individual identifier You may be using to access parts of Our Website. Such an action can be taken if, for instance, We consider You violated any part of these Terms and Conditions.
3. Content and Intellectual Property
The Website and all its contents, features, and functionality are the property of Phenom, Our licensors, or other providers of such material and are protected by international intellectual property or proprietary rights, such as copyright, trademark, patent, or trade secret. The following marks are protected as registered trademarks and are Phenom’s intellectual property (but not an exhaustive list of Phenom’s intellectual property):
Phenom;
Phenom People;
IAMPHENOM;
Talent Experience Management;
TXM; and
Phenom’s company logo (a smiling face design consisting of a stylized letter "P" and a smile, along with "PHENOM PEOPLE" in stylized letters AND a smiling face design consisting of a stylized letter "P" and a smile in the color turquoise, along with the word "phenom" in stylized letters in the color black)
The use of such marks in any way is prohibited unless prior written consent is obtained from Phenom. Please submit Your requests to legal@phenompeople.com. All other names, logos, product, and service names, designs and slogans on this Website are the trademarks of their respective owners.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on Our Website. Exempted is automated storying of temporary copies of certain information in Your computer’s RAM memory if such is incidental to accessing and viewing those materials or Your web browser’s cache.
It is prohibited to modify copies of any materials from the Website, take illustrations, photographs, video or audio sequences or any graphics out of context by separating them from the accompanying text, delete or alter any notices of intellectual property from copies of this Website’s content (unless Phenom has provided explicit written consent). You must not access or use for any commercial purposes, other than the limited business purpose of exploring a potential transaction or business relationship with Phenom, any part of the Website or any services or materials available through the Website. Any breach of these Terms and Conditions relating to the use of content or the Website may deprive You of the right to use the Website. Any copies of the materials You have made will need to be returned to Phenom or destroyed. No right, title, or interest in or to the Website or any content on the site is transferred to You, and all rights not expressly granted are reserved by Us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
4. Prohibited Uses
The Website can be used for lawful purposes and in a lawful manner only, and in accordance with these Terms and Conditions. This Website cannot be used in any way which violates any laws, including but not limited to national, regional, or international regulations. Prohibited uses include sending, knowingly receiving, uploading, downloading, using, or reusing any material which:
Is incompatible with applicable laws;
Infringes intellectual property rights of Phenom or other holders of such rights, including trademark, patent, copyright, trade secret, or other;
Is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
Promotes discrimination based on sex, race, ethnicity, religion, nationality, age, disability, or another immutable characteristic;Promotes violence or hate speech;
Promotes sexually explicit or pornographic material, especially involving minors;
Is likely to deceive another person, entity, or machine;
Violates the legal rights of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;
Promotes, advocates for, or assists any illegal activity; or
Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person.
The Website, without Our prior written consent, cannot be used by You for direct marketing purposes, including but not limited to sending spam or similar unsolicited messages. You agree not to impersonate or attempt to impersonate Phenom, any of Our employees or any natural persons or entities. You may also not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Us, may harm the Company or users of the Website, or expose them to liability.
You further agree not to use the Website, or any information hosted on it, in a way which would restrict or impede the Website’s availability, in whole or in part, for any other users, or interfere with their legitimate use of the Website. You are not allowed to use any program or algorithm, such as web crawlers or bots, including malicious technology such as viruses, trojans, worms, for any purpose relating to the access of use of the Website or any of its contents. It is prohibited to use any automated or manual process to monitor and/or copy the Website’s contents for any unauthorized purpose without Our prior written consent. Any interference, damaging, or disruption or attempts at such acts on any part of the Website, the servers hosting it, any databases and computers connected is prohibited, including but not limited to denial of service (DoS) and distributed denial of service (DDoS) attacks.
5. Reliance on information posted
Phenom does not guarantee the completeness, accuracy, or usefulness of information included on Our Website as it should serve general information purposes only. You hereby agree that any reliance on such information is at Your own risk only. We cannot be held liable and responsible for claims arising from any reliance on such information by You, any other visitor to the Website, or anyone subsequently informed.
Any statements or opinions expressed in the materials provided by third parties such as users or licensors are to be considered opinions of those parties only, with any responsibility for such statements falling exclusively on them. The information may not reflect Our opinions and beliefs. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
6. Information collected
By using the Website, You agree that we may collect and process Your data in any way to the extent permitted under the Privacy Policy, but subject to any relevant laws and regulations.
7. Warranty, disclaimer of warranty and limitation of liability
By using the Website, You understand that Phenom cannot and does not guarantee or warrant that any data downloaded from the Website will be free of malicious code such as computer viruses. It is Your responsibility to ensure a level of protection against potentially destructive programs You deem sufficient, and to possess means of reconstruction or fixing lost or damaged data which are independent from the Website.
PHENOM SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY MALICIOUS TECHNOLOGY SUCH AS VIRUSES OR (D)DOS ATTACKS THAT MAY INFECT YOUR DEVICE(S), DATA, PROGRAMMES, OR OTHER PROPRIETARY MATERAL AS A RESULT OF YOUR USE OF THE WEBSTIE OR ANY SERVICES PROVIDED THROUGH IT, OR DUE TO YOU DOWNLOADING ANY MATERIAL POSTED ON IT OR A RELATED WEBSITE.
YOUR USE OF THE WEBSITE, ITS CONTENTS, AND ANY SERVICES OBTAINED THROUGH IT IS AT YOUR OWN EXCLUSIVE RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
PHENOM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WHERE WARRANTIES MAY BE LIMITED BUT NOT EXCLUDED, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
IN NO EVENT SHALL PHENOM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU, YOUR AFFILIATES, OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST REVENUE, ARISING OUT OF OR IN CONNECTION WITH ACCESSING OR USING THE WEBSITE OR THE INABILITY TO DO SO, THE CONTENT HOSTED ON THE WEBSITE OR WEBSITES RELATED TO IT. OUR LIABILITY MAY ALSO BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.
8. Indemnities
You will defend, indemnify, hold Us and our agents, employees, officers and directors (collectively and individually “We” or “Us” for purposes of this Section) harmless from and against any claims, liabilities, damages, judgments, awards, loss, cost and expenses arising from or in connection with Your violation of these Terms and Conditions or your access to or use of the Website, including actions manifesting from Your gross negligence or willful misconduct.
9. Changes to the Terms and Conditions
Phenom reserves the exclusive right to change the Terms and Conditions upon subsequent reviews without notice. You may not assume that any of the material available on the Website is necessarily complete and up to date at any given time, and We are under no obligation to update potentially outdated content.
Any changes shall become binding immediately after we post them, and they shall apply to the access and use of the Website in full scope. Your continued use of the website after the changes are posted will serve as a tacit approval and acceptance of such changes. You are expected to verify the Terms and Conditions upon each website visit so as to be aware of any potential changes as they can carry legal effects for You.
10. Governing Law and Jurisdiction.
The laws of the Commonwealth of Pennsylvania shall govern the interpretation and enforcement of these Terms and Conditions and any issues relating to the Website, and any dispute arising out of or related thereto, without regard to its conflict of laws principles. The parties irrevocably submit to the exclusive jurisdiction of the state courts located in Montgomery County, Pennsylvania and federal courts located in Philadelphia, Pennsylvania with respect to any dispute arising out of or relating to these Terms and Conditions.
11. Time limitations
Any action or claim You may have in connection to these Terms and Conditions or the Website must be filed and commenced within six (6) months after the cause of action accrues. Otherwise, the cause of action or claim becomes permanently time-barred and cannot be further relied upon.
12. Contact
This website is operated by Phenom, Inc. with headquarters at 300 Brookside Ave., Building 18, Suite 200, Ambler, PA 19002. If you have any questions, comments, concerns, requests or other matters you would like to address in connection to the Website or these Terms and Conditions, please contact Us using the above address or send an email to: legal@phenompeople.com.
