1. INTRODUCTION

NFT Awards is a program aimed to create a form of collective thought leadership to guide and build momentum in the non-fungible token (“NFT”) space, organized each year by Enjin Pte. Ltd., a provider of website, server and blockchain technology services located in Singapore (the “Company”).

Since its founding in 2020, the goal of the Awards have been to honor innovation and creativity in the blockchain industry, celebrating the best NFT projects that drove the future of human experiences through digital and/or physical.

This Terms of Service Agreement (“Terms”) is made by the Company and you (“you,” “your,” or “User”). These Terms contain the terms and conditions that govern your use of the NFT Awards (nftawards.org) web site (the “Web Site”).

By accessing, visiting, browsing, using, or attempting to interact with any part of this Web Site, or other Company software, services, web sites or any of company’s licensees services or software, and/or participating in the NFT Awards (collectively “Services”), you agree that you have read, understand, and agree to be bound by these Terms. If you do not agree to be bound by the Terms, do not access or use any part of this Web Site.

2. CHANGES TO THESE TERMS

Company reserves the right, from time to time, with or without notice to you, to make changes to the Terms in Company’s sole discretion. Continued use of any part of this Web Site constitutes your acceptance of such changes. The most current version of the Terms, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyperlink located at the bottom of every page on the Company Web Site.

3. OVERVIEW OF THE 2021 NFT AWARDS

3.1. Nominations 

• A call for nominations will be published on the Web Site and announced on the Web in general. 
• To be considered for an award, the NFT Project must be nominated by a User. Users may submit as many nominations as they like. 
• Users can nominate NFT Projects, and creators are allowed to nominate their own NFT Projects. 
• The call for nominations is open to all, until 26 November 2021. No additional time will be granted. 
• Nominations must contain sufficient information for verification. For nominations to the "Newcomer Game" award, the game must have been launched for public consumption in 2021. 
• After submitting a nomination, your nomination will be received and verified. Upon approval, you will receive a confirmation email, and your nomination will appear on the voting page. 

3.2. Copyright 

• NFT creators who have been nominated retain ownership of all their copyrights regarding the works of art and information contained in their NFT Project. 
• The finalists and winners grant the Company the rights set out in Section 5 below. 

3.3. Registration Fee

• There is no registration fee. Participation and recognition in the NFT Awards is open and free. 

3.4. Voting 

• Users will be able to vote for the following categories of awards: 

• Community Awards (Winners are determined by public voting)

1. Best Avatar
2. Best Collaboration
3. Game of the Year
4. Best Digital Fashion
5. VR/AR
6. Best Virtual World
7. Utility Award

• Judges Awards (Winners are determined by a panel of judges based on the top 10 public voting shortlist)

8. Newcomer Game
9. Most Innovative Art
10. Project of the Year

• Users will be able to vote for the Community Awards and Judges Awards until 26 November 2021, through the Voting Form. 
• NFT Projects nominated for Judges Awards will be selected by a panel of judges from the tech, gaming, and blockchain industries based on a Top 10 public voting shortlist. 

3.5. Awarding

• The awards ceremony will take place on 12 January 2021 in Decentraland. 
• The Top 3 NFT Projects for each category will also be recognized. 

3.6. Prizes 

• A unique NFT design for the winners for each of the ten (10) awards will be awarded to the project owner. 

3.7. Postponement, Cancellation, Force Majeure 

• Enjin reserves the right to postpone or cancel the whole or part of NFT Awards if circumstances require it.  
• The panel of judges, Enjin and any of its partners shall not be liable for nonperformance of their obligations if a case of force majeure occurs, and shall not be held liable for the consequences of any postponement or cancellation.

4. ACCESS TO THIS SITE

To access this Web Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time. You agree that all information you provide to use our Services is governed by our Privacy Policy.

5. SUBMISSIONS IN GENERAL

You hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, promote, publish, host, store, show to the public, and to be shared by followers of the Company or associated services, all NFTs, content, remarks, suggestions, ideas, graphics, or other information communicated to Company through this Web Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed including but not limited to publishing in digital, print, 3D, holographic or any other form of publishing and press releases, publications on the website, and publications on social media.

The Company will not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

Company is not responsible for copyright issues or ownership inaccuracies for any Submission. Copyright of all User or third-party created Submission submitted remains with the property of the creator.  This right to publish does not stop if you stop using our Services. You are responsible for having the permission to license any Submission submitted to Company.

By posting a Submission on or through the Web Site, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms; and (ii) that the posting of your content on or through the Web Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

The Company has the right but not the obligation to monitor and edit all Submission(s) provided by Users. 

6. RESTRICTIONS ON USE 

You may use this site for purposes expressly permitted by this site. As a condition of your use of Company’s Web site(s), you warrant to Company that you will not use the Web site(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) cobrand this site, or (ii) frame this site, without the express prior written permission of an authorized representative of Company. For purposes of these Terms of Use, “cobranding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Company in causing any unauthorized cobranding or framing, immediately to cease. In addition, you may not use Company’s Web site(s) in any manner which could disable, overburden, damage, or impair the Web site(s) or interfere with any other party’s use and enjoyment of the Web site(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Web site(s).

7. PERSONAL AND NONCOMMERCIAL USE LIMITATION

The Web Site is for your personal and noncommercial use, unless otherwise specified. You may not use this Web Site for any other purpose, including any commercial purpose, without Company’s express prior written consent. 

8. PROPRIETARY INFORMATION

The material and content accessible from this Web Site (excluding Submission(s) and information submitted by Users), and any other Web site owned, operated, licensed, or otherwise controlled by Company (the “Company Content”) is the proprietary information of Company or the party that provided or licensed the Content to Company, whereby such providing party retains all right, title, and interest in the Company Content. 

Accordingly, the Company Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company, except that you may print out a copy of the Company Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Company Content. Modification or use of the Company Content except as expressly provided in these Terms of Use violates Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Web Site.

9. LINKS TO OTHER WEBSITES

This Web Site may be hyperlinked to other sites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by or affiliated with this site or Company. Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Company is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the User’s own risk, and Company makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this site. Company provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Company of that site or any association with its operators.

You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. 

We strongly advise you to read the Terms of Service and Privacy Policies of any third-party web sites or services that you visit.

10. DISCLAIMER OF WARRANTIES

The Company cannot be held responsible or liable for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in or accessible through our Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.

We are not responsible for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We are not responsible for any harm that might come from downloading or accessing any information or material on the Internet through our Services.

THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. THE COMPANY, ITS SUPPLIERS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. THE COMPANY, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. THE COMPANY, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.

COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

 All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

YOU UNDERSTAND AND AGREE THAT: (A) THE SERVICES WILL NOT BE UNINTERRUPTED OR ERROR-FREE; (B) THERE IS NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED; (C) THE COMPANY HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE SERVICES; (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA; AND (E) THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THROUGH THE SERVICES, OR ON ANY WEBSITE LINKED TO IT.

CRYPTOCURRENCY ASSETS (INCLUDING, WITHOUT LIMITATION, NFTS) ARE INTANGIBLE DIGITAL ASSETS WHICH EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE RELEVANT NETWORK. THE NETWORK IS NOT UNDER THE CONTROL OR INFLUENCE OF THE COMPANY. 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE SERVICES (INCLUDING THROUGH SUPPORT SERVICES OR PROFESSIONAL SERVICES) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

11. LIMITATION OF LIABILITY

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (REGARDLESS IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OR THE INABILITY TO USE THE SERVICES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

To the extent that foregoing limitation of liability is prohibited, our sole obligation to you for damages shall be limited to the amount you paid us to use the Services to which such claim relates in the 12-month period preceding the filing of such claim.

You agree that any third party who is not a direct contracting party in the provision of our Services shall not be entitled to make any claim whatsoever against us, and that the Contracts (Rights of Third Parties) Act of Singapore and any subsequent revision or replacement thereof is specifically excluded.

12. INDEMNITY

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Submission(s) or Company Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

13. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Company or the party that provided the trademarks, services marks, logos, and copyrighted works to Company. Company and any party that provided trademarks, service marks, logos, and copyrighted works to Company retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

14. INTELLECTUAL PROPERTY POLICY

We want to ensure that the content that we host do not infringe the proprietary rights of others. 

If you are the owner of content that is being improperly used on our Service without your permission, you may request that the content be removed under the Copyright Act. To make such a request, please email us with the required information at legal@enjin.io.

The owner of the copyright or a person authorized to act on his behalf must submit the following information: 

• information to contact you, such as your name, an address, telephone number and e-mail address; 
• identification of the copyrighted work that is claimed to be infringed; 
• identification of the allegedly infringing material that is requested to be removed, including a description or a link to where it is located on our Services; 
• a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; 
• a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
• a statement that the complainant submits to the jurisdiction of the courts in Singapore for the purposes of any proceedings relating to the allegedly infringing material;
• the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. 

Alternatively, you can make use of the relevant forms found here (depending on the allegedly infringing material, please use Form A or Form C). 

Pursuant to these Terms, we shall remove any infringing material that complies with the above notice requirements, and we may terminate, in appropriate circumstances, Users and account holders of our Services who are repeat infringers.

However, we also recognize that not every takedown notice is valid or in good faith. In such cases, we strongly encourage Users to file counter-notifications when they appropriately believe a takedown demand is invalid or improper. 

To file a counter-notification with us, you must provide us with the following information:

• information to contact you, including your name, an address, telephone number and e-mail address; 
• identification of the material that has been removed or to which access has been disabled;
• the location or link at which the material appeared before it was removed or access to it was disabled; 
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled or that the content is not infringing the copyrights of others (please note that you will be liable for damages if you materially misrepresent that content is not infringing the copyrights of others); 
• a statement that the information above is accurate; 
• a statement that you submit to the jurisdiction of the courts in Singapore for the purposes of any proceedings relating to the material; and 
• your physical or electronic signature.

Alternatively, you can make use of the relevant forms found here (depending on the material, please use Form B or Form D).

When we receive a counter-notification, we may reinstate the material in question, in our sole discretion. 

15. TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16. DISPUTE RESOLUTION

16.1 – Governing Law and Jurisdiction

You agree that all matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related, shall be governed by and construed in accordance with the laws of Singapore (without reference to conflict of laws principles). 

You also agree to file any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services exclusively in the courts of Singapore, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Singapore, in any legal action or proceeding relating to us or these Terms.

You waive any and all objections to the exercise of exclusive jurisdiction over you and over the subject matter by such courts and to venue in such courts.

16.2 – Arbitration

At the Company’s sole discretion, we may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the Singapore International Arbitration Centre (SIAC).

16.3 – Limitation on time to file claims

To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. OTHER PROVISIONS 

17.1 – No Waiver 

No waiver by the Company or any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17.2 – Severability 

If any term, clause, or provision of these Terms is held invalid and unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other terms, clauses, or provisions of these Terms.

17.3 – Relationship of the Parties

You, third parties, and we are all independent parties with respect to each other. These Terms does not mean an agency or partnership between us and you or any third party. It also does not constitute a joint venture, or an employment relationship. You agree that the Company has no special relationship with or beneficiary duty to you. No parties in this Agreement (Including us, you, and any third party) have the right to enter into an agreement for or on the behalf of any other agreeing party. No parties in this Agreement may become involved in a situation that results in obligation or liability of any other agreeing party.

17.4 – Entire Agreement

These Terms, our Privacy Policy, and our Cookies Policy constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

18. CONTACT US

You may provide us directly at hello@nftawards.org with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to the Web Site (“Feedback”). 

You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) the Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.