|
6.3 Feedback. From time to time during the tenn of this Agreement, Customer and
<br /> Account-holders may provide PerfectMlND with comments, suggestions, ideas and impressions
<br /> of the Platform ("Feedback"). Customer acknowledges and agrees that, by disclosing such
<br /> Feedback to PerfectMlND, the provider thereof will be deemed to have granted to PerfectM[ND
<br /> a royalty-free, worldwide, transferable, sub-licensable, non-exclusive, irrevocable and perpetual
<br /> license to use, modify,adapt, improve or incorporate such Feedback into the Platform. Customer
<br /> acknowledges and agrees that the right to use the Platform is good and sufficient consideration
<br /> for any contributions, through the Feedback or otherwise, to the design, improvement, or
<br /> functionality of the Platform and the transfer to PerfectMlND thereof.
<br /> 6.4 Customer Data. PerfectMlND does not claim ownership of, and assumes no
<br /> liability or responsibility with respect to, any Customer Data, including Customer Content. As
<br /> between PerfectMlND and Customer, all right, title and interest (including Intellectual Property
<br /> Rights) in and to Customer Data will at all times be fully vested in Customer, except that, by
<br /> posting,uploading, inputting,providing, submitting, entering or otherwise transmitting Customer
<br /> Data to PerfectMlND or any third party using the Platform, Customer agrees as follows:
<br /> (a) Customer will have thereby granted PerfectMlND a royalty-free, non-exclusive,
<br /> worldwide, fully paid-up limited license to use, copy, distribute, transmit, display, edit,
<br /> delete, publish and translate such Customer Data to the extent reasonably required by
<br /> PerfectMIND in connection with the functionality of the Platform and the performance
<br /> of this Agreement as well as to ensure adherence to or enforce the terms of this
<br /> Agreement;
<br /> (b) Customer, and not PerfectMIND, will have sole responsibility for the accuracy,
<br /> quality, integrity, legality, reliability, appropriateness and Intellectual Property Rights of
<br /> all Customer Data, and PerfectMIND will not be responsible or liable for the deletion,
<br /> correction, destruction, damage, loss or failure to store any Customer Data; and
<br /> (c) Customer will have thereby confirmed, represented and warranted to
<br /> PerfectMlND that Customer has all rights, titles and interests (including all Intellectual
<br /> Property Rights as well as the power and authority necessary), to grant the license to
<br /> such Customer Data set above in subsection 6.4(a).
<br /> 6.5 Privacy. PerfectMlND acknowledges and agree that Customer Data may contain
<br /> sensitive information, and, in connection therewith, (a) PerfectMlND will comply with all
<br /> Applicable Laws relating to personal information privacy, including British Columbia Personal
<br /> Information Privacy Act and will adhere to the PerfectMIND Privacy Policy, which forms an
<br /> integral part hereof and is incorporated herein by reference; (b) PerfectMlND will use industry-
<br /> standard management practices, technologies and security to protect the integrity, safety and
<br /> security of Customer Data in both physical and electronic form; (c) Customer acknowledges and
<br /> agrees that its use of the Platform will utilize, in whole or in part, the public Internet and third
<br /> party networks to transmit communications, which transmissions may be intercepted by other
<br /> parties or stored, cached, routed, transmitted or received in jurisdictions outside of the
<br /> jurisdiction of Customer, (d) PeIfectMIND will not use Customer Data for any purpose other
<br /> than to provide the functionality of the Platform to Customer and its users, to ensure adherence
<br /> to or enforce the terms of this Agreement, or (only in aggregate form) for site metrics; (e)
<br /> 12
<br />
|