Author’s Representation and Warranties. The Author represents and warrants that:
Author’s Representation and Warranties. The Author represents and warrants that, as of the Effective date: • he is the sole owner of copyright in the Material and that he has the rights and power required to enter into this ACP and to grant the license granted herein, or if the Author is not the sole owner of the copyright in the Material, he has obtained, at no expense to us, a transfer of all necessary rights and power to enter into this ACP and to grant the license granted herein, • he has obtained the written consent, release and/or permission of every identifiable individual who appears in the Material to use such individual likeness for purposes of using and otherwise exploiting the Material in the manner contemplated by this ACP, or, if any such identifiable individual is under the age of eighteen (18), to have obtained such written consent, release and/or permission from such individual’s parent or guardian (and agrees to provide us with a copy of any such consents, releases and/or permissions upon our request), • he has not entered into any other agreements with any other party in conflict with this ACP, and • there are no pending claims of ownership or any other claims by third parties against the Material for whatever reason. The Author represents and warrants that the Material: • does not infringe, use, misappropriate or disclose without authorization, or otherwise violate the intellectual property rights, privacy, right of publicity or any other rights of any third party, • has been solely created by the Author and has not been adapted from any other work, nor has the material from any other work been copied and used in the Material, or if the Material has been adapted from another work, or uses the material from another work, the Author has obtained, at no expense to us, all necessary permissions, • is not defamatory, obscene, racist, abusive, discriminatory, harmful to children or otherwise objectionable, • contains no statement, information, advice, instruction, recipe, or formula which, if acted upon by the user, could cause physical injury, damage or financial loss, • is not fraudulent or misleading and • complies with all laws and regulations. These representations and warranties will survive the termination of this ACP.
Author’s Representation and Warranties. The Author represents and warrants that, as of the Effective date, the Author is the sole owner of copyright in the Work and that he has the necessary rights and power to enter into this Agreement and to grant the license granted herein, or if the Author is not the sole owner of the copyright in the Work, he has obtained, at no expense to uPhotogifts, a transfer of all necessary rights and power to enter into this Agreement and to grant the license granted herein, the Author has not entered into any other agreements with any other party in conflict with this Agreement, and there are no pending claims of ownership or any other claims by third parties against the Work for whatever reason. The Author represents and warrants that the Work : does not infringe the intellectual property rights, privacy, right of publicity or any other rights of any third party, has been solely created by the Author and has not been adapted from any other work, nor has the material from any other work been copied and used in the Work, or if the Work has been adapted from another work, or uses the material from another work, the Author has obtained, at no expense to uPhotogifts, all necessary permissions, is not defamatory, obscene, racist, abusive, discriminatory, harmful to children or otherwise objectionable, contains no statement, information, advice, instruction, recipe, or formula which, if acted upon by the user, could cause physical injury, damage or financial loss is not fraudulent or misleading and complies with all laws and regulations. These representations and warranties will survive the termination of this Agreement.
