PROPRIETARY RIGHTS AND TRADEMARK LICENSE

All intellectual property rights in the CoolRyds Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the CoolRyds Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of CoolRyds. CoolRyds shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

CoolRyds, the CoolRyds logos, designs, graphics, icons, scripts and service names are trademarks, trademarks or trade dress of CoolRyds (collectively, the “CoolRyds Marks”). If you provide Services as a Driver, CoolRyds grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the CoolRyds Marks solely in connection with providing the Services through the CoolRyds Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without CoolRyds’ prior written permission, which it may withhold in its sole discretion. The CoolRyds Marks may not be used in any manner that is likely to cause confusion.

You acknowledge that CoolRyds is the owner and licensor of the CoolRyds Marks, and that your use of the CoolRyds Marks will confer no additional interest in or ownership of the CoolRyds Marks in you but rather inures to the benefit of CoolRyds. You agree to use the CoolRyds Marks strictly in accordance with CoolRyds’ Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that CoolRyds determines to nonconforming or otherwise unacceptable.

You agree that you will not:

  • Create any materials that incorporate the CoolRyds Marks or any derivatives of the CoolRyds Marks other than as expressly approved by CoolRyds in writing;
  • Use the CoolRyds Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the CoolRyds Marks other than in accordance with the terms, conditions and restrictions herein;
  • Take any other action that would jeopardize or impair CoolRyds’ rights as owner of the CoolRyds Marks or the legality and/or enforceability of the CoolRyds Marks, including, without limitation, challenging or opposing CoolRyds’ ownership in the CoolRyds Marks;
  • Apply for trademark registration or renewal of trademark registration of any of the CoolRyds Marks, any derivative of the CoolRyds Marks, any combination of the CoolRyds Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the CoolRyds Marks;
  • Use the CoolRyds Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
  • Violation of any provision of this License may result in immediate termination of the License, in CoolRyds’ sole discretion. If you create any materials bearing the CoolRyds Marks (in violation of this Agreement or otherwise), you agree that upon their creation CoolRyds exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the CoolRyds Marks or derivative works based on the CoolRyds Marks. You further agree to assign any interest or right you may have in such materials to CoolRyds, and to provide information and execute any documents as reasonably requested by CoolRyds to enable CoolRyds to formalize such assignment.