Publisher. Publisher warrants and represents that:
15.1.1 It has the full power to enter into this Agreement;
15.1.2 It has obtained and will maintain all necessary rights and permissions for its and Microsoft’s use of the Software Title, FPUs, Marketing Materials, Online Content, all information, data, logos, and software or other materials provided to Microsoft and/or made available to Xbox Live Users via Xbox Live (excluding those portions that consist of the Licensed Trademarks, Security Technology and redistributable components of the so-called “XDK” in the form as delivered to Publisher by Microsoft pursuant to an XDK License) (collectively, the “Publisher Content”), and that all Publisher Content complies with all laws and regulations, and does not and will not infringe upon or misappropriate any third party trade secrets, copyrights, trademarks, patents, publicity, privacy or other proprietary rights.
15.1.3 It shall comply with all laws, regulations, industry content rating requirements and administrative orders and requirements within any applicable Sales Territory relating to the distribution, sale and marketing of the Software Title, and shall keep in force all necessary licenses, permits, registrations, approvals and/or exemptions throughout the term of this Agreement and for so long as it is distributing, selling or marketing the Software Title in any applicable Sales Territory.
15.1.4 The Software Title, Online Content and/or information, data, logos and software or other materials provided to Microsoft and /or made available to Xbox Live Users via Xbox Live, do not and shall not contain any messages, data, images or programs that are, by law, defamatory, obscene or pornographic, or in any way violate any applicable laws or industry content rating requirements (including without limitation laws of privacy) of the applicable Sales Territory(ies) where the Software Title is marketed and/or distributed.
15.1.5 The Online Content shall not harvest or otherwise collect information about Xbox Live Users, including e-mail addresses, without the Xbox Live Users’ express consent; and the Online Content shall not link to any unsolicited communication sent to any third party.
Publisher. Advertiser acknowledges and agrees that Publisher has no obligation to maintain the confidentiality of any information that it collects or receives from or on behalf of Advertiser for the purposes of the Advertising or Services. Advertiser agrees that it will not provide information to Publisher for the purpose of Publisher’s use in fulfilling the Services or providing Advertising that is subject to a non-disclosure or similar confidentiality obligation that restricts Advertiser’s right to disclose such information without a separate agreement to that effect.
Publisher. Publisher hereby agrees to indemnify, defend and hold harmless Red Mile and its officers, directors, shareholders, employees, agents and affiliates, against any and all suits, losses, liabilities, damages, awards, claims, settlements, costs and expenses, including reasonable attorneys’ fees, arising out of or otherwise relating to a claim, lawsuit, or other proceeding by a third party, whether actual or alleged, based upon: (i) any material breach by Publisher of the Agreement; (ii) any material breach by Publisher of the warranties, representations and covenants contained in the Agreement; or (iii) any trademark, copyright, or patent infringement claim, action, or proceeding relating to Publisher’s Materials.
Publisher. By (sign) By (sign)
Publisher. Notwithstanding the foregoing or anything in any XXXX to the contrary, any right or obligation of Publisher to defend any Governmental Entity or its employees, officers, board members, agents, representatives, officials, or other like individuals shall be modified/amended solely to include an obligation to indemnify and hold harmless the applicable Governmental Entity and its employees, officers, board members, agents, representatives, officials, or other like individuals. For the avoidance of doubt, except as otherwise provided herein, Publisher shall have no right to defend any Governmental Entity or its employees, officers, board members, agents, representatives, officials, or other like individuals or be deemed to have been granted settlement authority as it relates to any claims made against any Governmental Entity or its employees, officers, board members, agents, representatives, officials, or other like individuals.
Publisher. Notwithstanding the foregoing or anything in any TOS to the contrary, any right or obligation of the CSP to defend any Governmental Entity or its employees, officers, board members, agents, representatives, officials, or other like individuals shall be modified/amended solely to include an obligation to indemnify and hold harmless the applicable Governmental Entity and its employees, officers, board members, agents, representatives, officials, or other like individuals. For the avoidance of doubt, except as otherwise provided herein, the CSP shall have no right to defend any Governmental Entity or its employees, officers, board members, agents, representatives, officials, or other like individuals or be deemed to have been granted settlement authority as it relates to any claims made against any Governmental Entity or its employees, officers, board members, agents, representatives, officials, or other like individuals.
Publisher. Publisher’s electronic opt-in to this Agreement via the HFA Agreement Portal constitutes Publisher’s binding agreement to these terms.
Publisher. Inland Empire SHRM shall not be responsible for errors in any advertisement due to errors in ad copy or artwork furnished by the advertiser. In the event of any error in any advertisement not caused by errors in ad copy or artwork furnished by the advertiser, the liability of The Publisher shall be limited to the return of any charges paid by the advertiser to The Publisher. GENERAL POLICY Advertisers and agencies representing the advertiser assume liability for all ad contents, text, photos, illustrations, representations, and advertisements printed, and also assume responsibility for any claims arising there from made against the publisher or IE SHRM. The Publisher reserves the right to reject any advertising which is not in keeping with the publication’s standards or those of Inland Empire SHRM. Inland Empire SHRM reserves the right to repeat previous copy if new copy is not received by the deadline. Artwork will only be returned if so requested. Submitted artwork will be held for 3 (three) months from date of publication. The advertiser agrees to honor any offers specified in its advertisement as per its terms and conditions. The advertiser assumes full responsibility that advertiser’s advertisement, business operations, services and products comply with all applicable laws. COLLECTION POLICY/TERMS Total payment due with contract for agreed upon advertising period. No ads will be printed without payment in full in advance. Any contract changes are subject to rate penalties. All checks for deposit or payments shall be made to Inland Empire SHRM. A $25.00 service charge will be imposed on any check returned for any reason. PRODUCTION REQUIREMENTS Electronic files will be accepted in Acrobat PDF and/or JPEG format submitted electronically. The inclusion of the advertiser’s advertisement on the Inland Empire SHRM (xxxxxx.xxx) website shall not constitute an endorsement of the advertiser or the advertiser’s product or service. The advertiser assumes full and complete responsibility and liability for the contents of all advertising copy of artwork submitted, printed, and published pursuant to this agreement, and the advertiser shall indemnify and hold Inland Empire SHRM harmless against any demands, claims, or liability.
Publisher. Publisher continuously represents and warrants that:
16.1.1. It has full power to enter into this Agreement;
16.1.2. It has not previously granted, and will not grant, any rights to any third party that are inconsistent with the rights granted to Microsoft in this Agreement;
16.1.3. The Publisher Content does not, and Microsoft’s and End Users’ access to and use of Publisher Content through and in relation to Xbox Consoles (excluding Publisher Content) will not, infringe or misappropriate any third-party IPR;
16.1.4. It will comply with all laws, regulations, administrative and court orders, and requirements applicable to (and will keep in force all necessary permits, licenses, registrations, approvals, and exemptions throughout the Term, as long as it is) distributing, selling, or marketing Software Titles and Digital Content and Publisher’s obligations under this Agreement;
16.1.5. Except as otherwise set forth in this Agreement, Publisher has obtained and will maintain all third-party rights, consents, and licenses necessary for distributing, selling, or marketing Software Titles and Digital Content under this Agreement.
Publisher. 8.1. Contract with the Publisher 8.1.1. Publishing and printing of the CMJ is regulated by a separate contract with the Publisher (the Publishing Contract).
8.2. Choice of the Publisher 8.2.
1. The Editorial Board proposes the Publisher to the Joint Management Board, according to the legal regulations.
