Ownership of Your Data. As between Indexed I/O and You, You exclusively own all right, title and interest in and to Your Data and all IPR therein or related thereto. For purposes of this Agreement, “IPR” means any and all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights. Indexed I/O will treat Your Data in accordance with the terms of this Agreement and the Privacy Policy. You grant to Indexed I/O all rights and licenses in and to Your Data necessary for Indexed I/O to provide the Services under this Agreement. As between You and Indexed I/O, You retain all of Your rights in and to Your Data and do not convey any rights therein to Indexed I/O other than the limited rights and licenses set forth herein. You represent and warrant that none of Your Data violates this Agreement, including the Acceptable Use Policy. You will maintain an adequate back-up of all Your Data and Indexed I/O will not be responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store or back-up any of Your Data. Indexed I/O may take remedial action if any of Your Data violates this Agreement, including, without limitation, deletion of any of Your Data from the Services, provided that Indexed I/O is under no obligation to review any of Your Data for accuracy or potential liability. You represent and warrant to Indexed I/O that You have all necessary right, title, interest and consent necessary to allow Indexed I/O to use Your Data for the purposes for which You provide Your Data to Indexed I/O. You will defend, indemnify and hold harmless Indexed I/O from any and all losses, costs, damages, liabilities or expenses (including without limitation reasonable attorney’s fees) incurred or arising from any claim by a third party arising out of or relating to Your Data or the use thereof by Indexed I/O in providing the Services.
Appears in 3 contracts
Sources: Customer Agreement, Customer Agreement, Customer Agreement