Client Warranty. Client warrants to Owner that:
(i) Client has the right and authority to enter into and perform its obligations under this Agreement;
(ii) the Advertisement shall conform to the description and specifications set forth by Owner;
(iii) the Advertisement shall not constitute or be the subject of a notice or claim of any false designation of origin, false advertising or unfair competition under the law of any country;
(iv) the Advertisement does not and shall not contain or be alleged to contain any content, work, name, xxxx, designation, materials or link that actually or potentially violates any applicable law or regulation, or infringes any proprietary, intellectual property, contract or tort right of any person or misappropriates a person's trade secret, name, likeness or identity;
(v) the Advertisement contains no viruses, worms, malicious code, trap doors, back doors, timers, clocks, counters, FTP servers, or other limiting routines, instructions or designs, and no web beacons, web bugs, spy xxxx or other similar hidden or transparent code, script, or routine designed to gather, track or transmit information about Owner or the users of the Website; and
Client Warranty. Client warrants that Client (a) has the power and authority to enter into this Agreement and bind each Client affiliate and Permitted User to the terms and conditions set forth herein, and Client shall be responsible for all acts and omissions of all Client affiliates and Permitted Users; and (b) shall use its best efforts to protect the security of the Licensed Software and Cloud Services.
Client Warranty. Client warrants and represents that: 1) it has the right and authority to enter into this agreement and to grant to Symphonic all rights specified hereunder; 2) all of the recordings, artwork, metadata, videos and any other materials delivered by Client to Symphonic are owned or controlled by Client and Symphonic’s use and exploitation of such materials, as authorized and contemplated hereunder, shall not infringe on the copyrights or other rights of any third person or entity; 3) it has not granted and will not grant to any third party any rights in connection with Client Content that are inconsistent with those granted to Symphonic herein, and 4) that Symphonic shall have the right to exploit same as authorized under this agreement without obligation to make payments to any person or entity, other than the amounts due to Client. Symphonic warrants and represents that: 1) it has the right, power, and authority to enter into and fully perform this Agreement and all of its obligations under this Agreement; 2) it shall, at its sole cost and expense, encode and deliver the Client Content to its Partners.
Client Warranty. Client represents and warrants that:
(a) it has procured all applicable consents required to provide the Client Data to Pequity for the performance of the Services and to grant all rights to Client Data as specified herein, including in accordance all applicable privacy laws;
(b) the Client Data will not: (i) infringe or misappropriate any third party’s Intellectual Property Rights; (ii) be deceptive, defamatory, obscene, pornographic or unlawful; (iii) contain any viruses, worms or other malicious computer programming codes intended to damage the Platform; and (iv) otherwise violate the rights of a third party (including under all applicable privacy laws); and
(c) neither Client, nor any of its Affiliates, nor any of their respective Authorized Users, shall upload to the Platform any Client Data that contains any sensitive personal information (such as financial, medical or other sensitive personal information such as government IDs, passport numbers or social security numbers).
Client Warranty. Client warrants and represents that: 1) it has the right and authority to enter into this agreement and to grant to Symphonic all rights specified hereunder; 2) all of the recordings, artwork, metadata, videos and any other materials delivered by Client to Symphonic Distribution are owned or controlled by Client and Symphonic’s use and exploitation of such materials, as authorized and contemplated hereunder, shall not infringe on the copyrights or other rights of any third person or entity; 3) it has not granted and will not grant to any third party any rights that are inconsistent with those granted to Symphonic herein, and 4) that Symphonic shall have the right to exploit same as authorized under this agreement without obligation to make payments to any person or entity, other than the amounts due to Client.
Client Warranty. 4.1 The Client warrants that it has all necessary rights to provide the Personal Data to GCEN for the processing to be performed in relation to the Services.
Client Warranty. 4.1. You warrant that you have all necessary rights to provide the Personal Data to us for the processing to be performed in relation to the Services.
Client Warranty. Client represents and warrants to FP that:
(a) Client has the power and authority to enter into and perform its obligations under this Agreement;
(b) Client has and will have for the term of this Agreement the right to provide the Customer Communication, including all Personal Data contained therein, and has obtained each Customer’s Consent to the provision of such Customer Communication to FP pursuant to Section 3.2; and
(c) Client has and will comply with all applicable laws and regulations, including without limitation, federal and state laws and regulations relating to electronic messaging, telephone and text advertising, marketing, and solicitation communications such as the Telephone Consumer Protection Act, all rules, standards, and security requirements of the PCI Security Standards Council and any credit or debit card provider, gift card provider, or other stored value and loyalty program card provider, including, but not limited to, American Express, Visa, U.S.A., Inc., MasterCard International, Inc., Discover Financial Services, LLC, and JCB International, the PCI-DSS and all laws relating to the collection, processing, sharing and disclosure of Personal Data (including, without limitation, in the United States and the European Union) (collectively, the “Security Requirements”) and provides all relevant notices and obtains all necessary consents from its customers to the disclosure of Personal Data to FP (including, where relevant, the transfer of such Personal Data to the United States), and FP’s use of such Personal Data in accordance with the terms of this Agreement;
(d) Client will not disclose or otherwise provide any customer Personal Data to FP unless it has obtained consent from each such customer in accordance with (c) above, and
(e) Client is solely responsible for the privacy and security of any and all Cardholder Data that Client at any time accesses, stores, processes, transmits, or otherwise possesses.
(f) Client understands and knows how to comply with laws and rules related to electronic messaging, telephone and text advertising, marketing, and solicitation communications such as the Telephone Consumer Protection Act and related laws and issues.
Client Warranty. Client represents, warrants and covenants (i) that it has sufficient authority to enter into this Agreement.; (ii) that it will fully comply at all times with all laws, rules and regulations applicable to its business and its use of the RAADR Inc. Service; (iii) that it shall not be in violation of any obligation, contract or agreement by entering into this Agreement, by performing its obligations under this Agreement or by authorizing and permitting RAADR Inc. Service to perform its obligations hereunder; (iv) that it shall comply with all of the terms and conditions of this Agreement, as amended from time to time;
Client Warranty. Client represents, warrants and covenants to MindWire that Client has the right to provide the Client Data to MindWire for MindWire’s use as contemplated by this Agreement and has provided all necessary notice(s) obtained all necessary consent(s) where applicable therefor.
