Publisher Representations. Publisher further represents and warrants that (i) it either owns and operates the Properties or otherwise has the full right and authority to grant the rights granted hereunder; (ii) the Publisher Content is either owned by Publisher or properly licensed; (iii) the Properties, the Publisher Content, and Taboola’s use of the Properties or the Publisher Content will not infringe upon the rights of any third party; (iv) as it relates to the Publisher Licensed Content, it has the full right and authority to grant the rights granted herein and such grant does not violate the terms of any agreements it has with any third party; (v) it is not subject to nor owned or controlled by any person that is subject to sanctions or export control restrictions imposed pursuant to the laws of the United States, Israel, or any other jurisdiction whose laws are applicable to the performance of this Agreement; (vi) it will comply with all applicable laws and regulations in its performance of this Agreement, including with respect to the use of the Services, and including but not limited to economic sanctions and export control laws and regulations of the United States, Israel, and, as applicable, other jurisdictions; and (vii) it will not take any action that could result in economic sanctions or other trade control restrictions or penalties being imposed on Taboola. Publisher shall ensure that each of its mobile applications included as Properties complies with any applicable Apple/iOS and Android rules, guidelines, or requirements and any agreements into which Publisher has entered with such platform entities. Publisher shall further ensure that any signal or flag indicating that an end user has opted its mobile ad identifier out of cross-app or interest-based advertising (e.g., an “LMT=1” signal) is communicated to Taboola (except where such identifier is either not delivered to Taboola or obfuscated, in which case such obligation shall not apply).
Publisher Representations. Publisher further represents and warrants that (i) it either owns and operates the Properties or otherwise has the full right and authority to grant the rights granted hereunder; (ii) the Publisher Content is either owned by Publisher or properly licensed;
Publisher Representations. Publisher further represents and warrants that (i) it either owns and operates the Properties or otherwise has the full right and authority to grant the rights granted hereunder; (ii) the Publisher Content is either owned by Publisher or properly licensed; (iii) the Properties, the Publisher Content, and Taboola’s use of the Properties or the Publisher Content will not infringe upon the rights of any third party; (iv) as it relates to the Publisher Licensed Content, it has the full right and authority to grant the rights granted herein and such grant does not violate the terms of any agreements it has with any third party; and (v) it is not subject to nor owned or controlled by any person that is subject to sanctions or export control restrictions imposed pursuant to the laws of the United States, Israel, or any other jurisdiction whose laws are applicable to the performance of this Agreement; (vi) it will comply with all applicable laws and regulations in its performance of this Agreement, including with respect to the use of the Services, and including but not limited to economic sanctions and export control laws and regulations of the United States, Israel, and, as applicable, other jurisdictions; and (vii) it will not take any action that
Publisher Representations. Publisher further represents and warrants that (i) it either owns and operates the Properties or otherwise has the full right and authority to grant the rights granted hereunder; (ii) the Publisher Content is either owned by Publisher or properly licensed; (iii) the Properties, the Publisher Content, and Taboola’s use of the Properties or the Publisher Content will not infringe upon the rights of any third party; and (iv) as it relates to the Publisher Licensed Content, it has the full right and authority to grant the rights granted herein and such grant does not violate the terms of any agreements it has with any third party. Publisher shall ensure that each of its mobile applications included as Properties complies with any applicable Apple/iOS and Android rules, guidelines, or requirements and any agreements into which Publisher has entered with such platform entities. Publisher shall further ensure that any signal or flag indicating that an end user has opted its mobile ad identifier out of cross-app or interest-based advertising (e.g., an “LMT=1” signal) is communicated to Taboola (except where such identifier is either not delivered to Taboola or obfuscated, in which case such obligation shall not apply).
Publisher Representations. Publisher further represents and warrants that (i) it either owns and operates the Properties or otherwise has the full right and authority to grant the rights granted hereunder; (ii) the Publisher Content is either owned by Publisher or properly licensed; (iii) the Properties, the Publisher Content, and Taboola’s use of the Properties or the Publisher Content will not infringe upon the rights of any third party; (iv) as it relates to the Publisher Licensed Content, it has the full right and authority to grant the rights granted herein and such grant does not violate the terms of any agreements it has with any third party; and (v) it will comply with all applicable laws and regulations in its use of the Services. Publisher shall ensure that each of its mobile applications included as Properties complies with any applicable Apple/iOS and Android rules, guidelines, or requirements and any agreements into which Publisher has entered with such platform entities. Publisher shall further ensure that any signal or flag indicating that an end user has opted its mobile ad identifier out of cross-app or interest-based advertising (e.g., an “LMT=1” signal) is communicated to Taboola (except where such identifier is either not delivered to Taboola or obfuscated, in which case such obligation shall not apply).
Publisher Representations. PUBLISHER’s representations and warranties contained herein shall be cumulative and in addition to any other warranties provided by law, including but not limited to those provided in the Uniform Commercial Code. All representations and warranties shall survive DISTRIBUTOR’s inspection, acceptance and payment, and shall run to DISTRIBUTOR, its parent, affiliates, subsidiaries, successors, assigns, customers and users of the Product. PUBLISHER expressly represents and warrants that: (1) it possesses full power and authority, throughout the Term of this Agreement and any applicable sell-off period, to enter into this Agreement, to grant all rights granted to DISTRIBUTOR herein, and to fully perform its obligations hereunder; (2) this Agreement has been executed by its duly authorized representative; (3) the Product, its title, markings, labels, design and appearance and its sale and resale do not knowingly infringe any patents, trade marks, service marks, trade names, copyrights or other rights of any third party, or unfairly compete therewith, and all necessary third party licenses have been obtained; (4) by entering into this Agreement PUBLISHER will not violate any agreements with or legal obligation to any third parties, and there currently are no actual or potential legal actions or disputes with third parties involving any component of the Product; (5) the Product, and its packaging and manual shall be new, of good quality, free from defects in material workmanship and shall conform strictly to specifications, samples or other descriptions upon which this Agreement is based; (6) the Product shall conform to the specifications included in any documentation or end-user manual associated therewith and will perform the functions described therein; (7) PUBLISHER owns or exclusively controls the rights granted to DISTRIBUTOR hereunder unencumbered by third parties and that the resale of the Product by DISTRIBUTOR, to any person, in any place in the Exclusive Territory is not restricted in any manner whatsoever; (8) it has good title to the Product, and the Product will be free from all liens, encumbrances and claims; (9) the Product will be merchantable, safe, fit and sufficient for the purpose intended; (10) all laws, executive orders, ordinances, rules and regulations of federal, state and local governments and political subdivisions and agencies thereof, (herein collectively referred to as “Laws”) applicable to the Product, or the processing, production, ...
Publisher Representations. (a) PUBLISHER represents and warrants that (i) it is the sole and exclusive owner of all rights, including but not limited to, copyrights, titles, trademarks, tradenames, trade dress, logos and formats, in and to the Publication(s) (collectively, the "Rights")and that the Rights are not subject to any liens or encumbrances of any nature other than as set forth on Schedule "C" attached hereto; (ii) the rights herein granted to DISTRIBUTOR have not been granted to any other person, firm, or corporation with respect to any portion of the term hereof; (iii) it has the right and authority to enter into this Agreement and to perform the obligations hereunder to be performed by PUBLISHER; (iv) there are no existing contracts, agreements or other arrangements which in any way whatsoever prevent or interfere with the PUBLISHER's making and entering into this Agreement or performing hereunder; and (v) that to the best of PUBLISHER's knowledge, there are no suits or proceedings pending or threatened against or affecting PUBLISHER which, if adversely determined, would impair the rights herein granted to DISTRIBUTOR or prevent PUBLISHER from performing hereunder.
Publisher Representations. (a) PUBLISHER represents and warrants that (i) it is the sole and exclusive owner of all rights, including but not limited to, copyrights, titles, trademarks, tradenames, trade dress, logos, formats, in and to the Publication(s) (collectively the "Rights") and that such Rights are not subject to any liens or encumbrances of any nature; (ii) the Rights herein granted to DISTRIBUTOR have not been granted to any other person, firm, or corporation; (iii) it has the right and authority to enter into the Agreement and to perform the obligations hereunder to be performed by PUBLISHER; (iv) there are no existing contracts, agreements or other arrangements which in any way whatsoever prevent or interfere with the PUBLISHER's making and entering into this Agreement or performing hereunder; (v) that to the best of PUBLISHER's knowledge, there are no suits or proceedings pending or threatened against or affecting PUBLISHER which, if adversely determined, would impair the Rights herein granted to DISTRIBUTOR or prevent PUBLISHER from performing hereunder; (vi) and nothing contained in any Publication will be grounds for an action either to prevent distribution thereof or for damages by reason of the fact that the material contained therein is libelous, slanderous, obscene, invades any right of privacy, a violation of any copyright, trademark, or other personal property rights or for any reason whatsoever.
Publisher Representations. 4.1.1 Publisher hereby represents and warrants that: (a) it has and will have all necessary rights and authority to enter into this Agreement and to perform its obligations hereunder and thereunder; and (b) it is and will be authorized to act on behalf of each of its clients, its performance under this Agreements will not breach any agreement or other obligation that it has with or to any of its clients, and it is and will be liable for its clients' acts and omissions in connection with the Services provided under this Agreement.
Publisher Representations. Publisher further represents and warrants that (i) it either owns and operates the Properties or otherwise has the full right and authority to grant the rights granted hereunder; (ii) the Properties and Taboola’s use of the Properties will not infringe upon the rights of any third party. Publisher shall ensure that each of its mobile applications included as Properties complies with any applicable Apple/iOS and Android rules, guidelines, or requirements and any agreements into which Publisher has entered with such platform entities. Publisher shall further ensure that any signal or flag indicating that an end user has opted its mobile ad identifier out of cross-app or interest-based advertising (e.g., an “LMT=1” signal) is communicated to Taboola (except where such identifier is either not delivered to Taboola or obfuscated, in which case such obligation shall not apply).
