**10.1 Customer Content.**You may provide, upload, or originate data, content, files, documents, or other materials (collectively, “Customer Input”) in accessing or using the Services or Software, and VF may provide, create, or make available to you, in its sole discretion or as part of the Services, certain derivatives, transcripts, analytics, outputs, visual displays, or data sets resulting from the Customer Input (together with Customer Input, “Customer Content”); provided, however, that no Customer Content provided, created, or made available by VF results in any conveyance, assignment, or other transfer of VF’s Proprietary Rights contained or embodied in the Services, Software, or other technology used to provide, create, or make available any Customer Content in any way and VF retains all Proprietary Rights therein. You further acknowledge that any Customer Content provided, created, or made available to you by VF is for your use solely in connection with the use of the Services, and that you are solely responsible for Customer Content.10.2 Service Generated Data; Consent to Use.Customer Content does not include any telemetry data, product usage data, diagnostic data, and similar content or data that VF collects or generates in connection with your use of the Services or Software (“Service Generated Data”). As between you and VF, all right, title, and interest in and to Service Generated Data, and all Proprietary Rights therein, belong to and are retained solely by VF. You agree that VF compiles and may compile Service Generated Data based on Customer Content and use of the Services and Software. You consent to VF’s access, use, collection, creation, modification, distribution, processing, sharing, maintenance, and storage of Service Generated Data for any purpose, to the extent and in the manner permitted under applicable Law, including for the purpose of product and service development, marketing, analytics, quality assurance, machine learning or artificial intelligence (including for the purposes of training and tuning of algorithms and models), training, testing, improvement of the Services, Software, or VF’s other products, services, and software, or any combination thereof, and as otherwise provided in this Agreement. In furtherance of the foregoing, if, for any reason, there are any rights in such Service Generated Data which do not accrue to VF under this Section or as otherwise provided in this Agreement, you hereby unconditionally and irrevocably assign and agree to assign to VF on your behalf, and you shall cause your End Users to unconditionally and irrevocably assign and agree to assign to VF, all right, title, and interest in and to the Service Generated Data, including all Proprietary Rights relating thereto.**10.3 Permitted Use; Customer Content.**VF may redistribute, publish, import, access, use, store, transmit, review, disclose, preserve, extract, modify, reproduce, share, use, display, copy, distribute, translate, transcribe, create derivative works, and process Customer Content:
- in accordance with this Agreement and as required to perform our obligations under this Agreement;
- in accordance with our PRIVACY POLICY;
- as authorized or instructed by you;
- as permitted or required by Law;
- for trust and safety purposes, including monitoring and enforcing our Experience Terms Code of Conduct Link; or
- to protect the rights, property, or security of VF, its end users, customers, or the public, including systems and networks.
10.4 Customer License Grant.
You agree to grant and hereby grant VF a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license and all other rights required or necessary to redistribute, publish, import, access, use, store, transmit, review, disclose, preserve, extract, modify, reproduce, share, use, display, copy, distribute, translate, transcribe, create derivative works, and process Customer Content and to perform all acts with respect to the Customer Content:
- as may be necessary for VF to provide the Services to you, including to support the Services;
- for the purpose of product and service development, marketing, analytics, quality assurance, machine learning, artificial intelligence, training, testing, improvement of the Services, Software, or VF’s other products, services, and software, or any combination thereof; and
- for any other purpose relating to any use or other act permitted in accordance with Section 10.3.
If you have any Proprietary Rights in or to Service Generated Data or Aggregated Anonymous Data, you hereby grant VF a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license and all other rights required or necessary to enable VF to exercise its rights pertaining to Service Generated Data and Aggregated Anonymous Data, as the case may be, in accordance with this Agreement.
10.5 Our Obligations Over Your Customer Content.
VF will maintain reasonable and appropriate physical and technical safeguards to prevent unauthorized disclosure of or access to Customer Content provided by you to VF. VF will notify you if it becomes aware of an unauthorized disclosure or unauthorized access to Customer Content. VF will only access, use, collect, maintain, process, store, and transmit Customer Content in accordance with this Agreement, which may include VF’s consultants, contractors, service providers, subprocessors, and other VF-authorized third parties accessing, using, collecting, maintaining, processing, storing, and transmitting Customer Content on VF’s or your (or your End Users’) behalf in connection with the Services or Software. VF will ensure that any sharing of Customer Content with an authorized third party will be in compliance with applicable Law. VF has no other obligations with respect to Customer Content.
10.6 Customer Responsibilities, Acknowledgement, and Consents.
You agree that you are solely responsible for the Customer Content sent, uploaded, displayed, or transmitted in the use of the Services, including its accuracy, and for compliance with all Laws pertaining to the Customer Content, including Laws requiring you to obtain the consent of a third party to use Customer Content and to provide appropriate notices of third-party rights. You represent and warrant that you have the right to upload Customer Input and for VF to provide, create, or make available any Customer Content to you, and that such use or provision by you, your End User, or VF does not violate or infringe any rights of any third party. Under no circumstances will VF be liable in any way for
- your Customer Content that is transmitted or viewed while using the Services,
- errors or omissions in the Customer Content, or
- any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Customer Content.
VF may delete any Customer Content, at any time without notice to you, if VF becomes aware that it violates any provision of this Agreement or any applicable Laws. As between you and VF, you retain all ownership rights in your Customer Content, subject to any license or other rights granted herein, and without limiting any of VF’s Proprietary Rights set forth herein.
10.7 Image Release.
Photographs and/or audio/video recordings taken within the Services by VeeFriends, or others on behalf of VeeFriends, may include your image, name, voice and/or likeness. By attending and/or participating in the Services, you hereby grant VeeFriends permission to perpetually use, and to sublicense to third parties, your photograph, image, likeness, voice and statements (whether in writing or orally) for any purpose, including, without limitation, commercial purposes, without compensation or credit to you, in any and all media, worldwide, now known or hereafter devised.