Publisher Warranties Sample Clauses

Publisher Warranties. Publisher represents, undertakes and warrants that: (a) Publisher Site(s) (and any content therein) do not infringe any Intellectual Property Rights, rights of publicity, privacy or data protection rights of any third party and are not defamatory, vulgar, pornographic or obscene; (b) its use of the Software and Services will be in compliance with (i) all Applicable Laws and will not violate any laws regarding unfair competition, privacy, data protection or false advertising and (ii) the Publisher Guidelines; (c) it owns or is licensed to use all content on the Publisher Sites (including the images, pictures, text and editorial contained on the Publisher Sites) and that use or exploitation of any content by Vibrant as envisaged by this Agreement (whether in connection with the Services or otherwise) will not infringe the rights of any third party (including Intellectual Property Rights); (d) it shall comply with all general guidelines issued by the IAB (Internet Advertising Bureau) from time to time; (e) it will not fraudulently or purposely manipulate the content of the Publisher Site(s) in such a manner that may result in the serving of less contextually relevant advertising; and (f) it will not: (i) generate fraudulent, automated or otherwise invalid actions, clicks or impressions; (ii) use robots or other automated query tools or computer generated search requests or any other search engine results optimisation techniques or software unless authorised by Vibrant; or (iii) authorize a third party to do any of the foregoing.
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Publisher Warranties. Publisher represents, warrants, covenants, and acknowledges that: (i) it will provide and maintain the resources, personnel and facilities suitable to perform its obligations under this Agreement; (ii) it will comply with all applicable international, federal, state, and local laws, rules, regulations, FTC guidelines, and EU Data Protection Laws when marketing to Users that reside in the European Economic Area (EEA), including without limitation those relating to advertising, consumer protection, the Internet, privacy, email, data security, and unfair business practices; (iii) it will comply with all IAB standards, guidelines and best practices, including but not limited to those relating to lead generation, data transfer, privacy, and email; (iv) it will not engage in Prohibited Conduct; (v) it will comply with its privacy policy; (vi) Publisher is at least 18 years of age on the effective date of this Agreement; and (vii) Company does not make any specific or implied promises as to the successful outcome of any campaigns.
Publisher Warranties. The Publisher hereby represents, warrants and undertakes to Onvoir as follows: 7.1 it has, and will retain throughout the term of the Agreement, all right, title and authority to enter into this Agreement, to grant to Onvoir the rights and licences granted in this Agreement and to perform all of its obligations under this Agreement. 7.2 it has complied and will comply with all relevant statutory provisions in relation to its obligations hereunder including, without limitation, any and all applicable data protection legislation and regulations and that it has obtained and will obtain any and all necessary rights, approvals and consents (including without limitation any necessary consents from individuals in relation to the processing of their personal data) to allow it to perform its obligations hereunder. 7.3 The Publisher’s website, and the websites belonging to any sub-Publisher on whose site the Media Listings are displayed, does not contain any offensive, slanderous or libelous content or infringe any copyright, trademark or intellectual property right or violate the privacy of any individual or breach advertising standards or violate any Laws in any country or jurisdiction where the Publisher’s website is accessible or contain any material which is disparaging or abusive or any incorrect information relating to Onvoir or any of its advertisers.
Publisher Warranties. 4.1. Publisher represents and warrants that: (a) all of the information Publisher has provided and shall in the future provide to Ogury is accurate and current; (b) it has all necessary and legal rights, powers, and authority to accept and be bound by these T&Cs and to perform the acts required of Publisher hereunder; (c) it is in compliance with all applicable laws, including but not limited to federal, state, and local laws, rules, and regulations; (d) the Application(s) do not display, reference, link to, or endorse prohibited content (as reasonably determined by Xxxxx) and illegal content; and (e) it will implement Ogury’s SDK for placement and use of Ogury’s Service in accordance with the documentation. 4.2. Xxxxx represents and warrants that: (a) all of the information Xxxxx has provided and shall in the future provide to Publisher is accurate and current (b) it has all necessary and legal rights, powers, and authority to accept and be bound by these T&Cs and to perform the acts required of Publisher hereunder; (c) it is in compliance with all applicable laws; and (d) the Services do not display, reference, link to, or endorse prohibited content (as reasonably determined by Xxxxx) and illegal content.
Publisher Warranties. 6.1 Publisher represents, warrants and undertakes to PHG that: (a) it has the full corporate right, power and authority to enter into these Terms and to perform the acts required under them; (b) its acceptance of these Terms, and its performance of its obligations and duties under them, do not and will not breach any agreement to which Publisher is a party or by which it is otherwise bound; (c) all information and data Publisher supplies to PHG, Advertiser, Users and any other party through or in connection with these Terms is correct, accurate and not misleading; (d) Publisher’s Site and Publisher’s activities through and in connection with the PHG Services and the relevant Advertiser Network, and any data processing in relation to Users shall comply with any and all applicable laws, regulations and codes of conduct in force from time to time as amended, re-enacted, extended or consolidated; (e) it shall adhere to the Publisher Guidelines and any Advertiser guidelines at all times, as well as industry best practice in promoting the Programme. Promotion that is unacceptable includes but is not limited to, promotion by unsolicited email; (f) its Site and its activities through and in connection with the PHG Services and relevant Advertiser Network shall not contain any Malware or other equivalent or similar code or material; (g) it shall provide a clear and conspicuous link to its privacy policy from each page on its Site; (h) it shall include a statement in its privacy policy that PHG and/or Advertiser (or another third party, where applicable) may use code or cookies on Publisher’s website to track the performance of Advertiser’s marketing efforts, and that no personally identifiable information is collected in such process; (i) any Intellectual Property it uses does not and will not infringe any third-party right (including without limitation by being obscene, defamatory or infringing any copyright, trade mark or other proprietary right).
Publisher Warranties. In addition to the representations and warranties contained in the Terms and Conditions, Publisher represents and warrants that (a) it owns or controls the exclusive right to place content, advertisements, materials and services on the Publisher Offerings and to grant the rights to Overture granted hereunder and to perform its obligations hereunder and that no other party has any current rights to the Publisher [***] Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Offerings, including any rights to payment for any of the actions contemplated by this Agreement; and (b) that the Publisher Offerings does not include any Inappropriate URLs. In addition to the defense and indemnity obligation contained in the Terms and Conditions, Publisher shall indemnify, defend and hold Overture harmless for any third-party claim resulting from: (1) a breach of the representations and warranties contained in the preceding sentence; (2) inclusion in the Publisher Offerings of any Overture Removed URL ***; or (3) if any party that owns (or otherwise has any rights in) a URL shall make any claim against Overture, then Publisher shall indemnify, defend and hold Overture harmless for all amounts related to such claim in accordance with the Terms and Conditions.
Publisher Warranties. Publisher represents and warrants that (I) the content residing on the Results Pages where Overture Content is displayed (except to the extent provided by Overture), and/or the technology used by Publisher in connection therewith and/or the means by which users have access to or obtain the Toolbar (collectively, “Publisher Items”): (1) are owned, validly licensed for use by Publisher or in the public domain; (2) do not constitute defamation, libel, obscenity; (3) do not violate applicable law or regulations; (4) do not infringe, dilute or otherwise violate any copyright, patent, trademark or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of any person or entity, including without limitation, rights of privacy and publicity; and (5) do not result in any consumer fraud, product liability, breach of contract to which Publisher is a party, or cause injury to any third party and (II) Publisher has the right, power and authority, with respect to each User, to distribute to Users, and install on a User's computer, the Toolbar without additional consent by the User.
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Publisher Warranties 

Related to Publisher Warranties

  • Other Warranties EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PHYSICAL CONDITION OF THE ASSET, OR ANY OTHER MATTER AND, IN PARTICULAR, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  • Supplier Warranties The warranties made by Supplier with respect to each Product are solely those that are contained in the product insert accompanying such Product. No other affirmation of fact or promise made by Distributor or its Suppliers, whether or not in this Agreement, by words or action shall constitute a warranty. The foregoing warranty does not extend to any Product that is modified or altered, or treated with abuse, negligence or other improper treatment. Standard Limited Warranty. Distributor shall pass on to Subdistributor so that it may pass on to the customers the Supplier’s standard limited warranty for Products, including limitations set for in subsection (b) Limitation of Liability and Warranty below. Except for the stated warranty set forth on, or included with, the Products as delivered to the Subdistributor and /or its customers, the warranty and remedy set forth in this 0 are exclusive and all other warranties, guarantees or representations, express or implied, by Distributor’s Suppliers with respect to the applicable Products, including, without limitation, warranties of merchantability and fitness for particular purpose, and any other obligation or liability of Distributor and its Suppliers to Subdistributor or to any third party with respect to the Products, are hereby excluded. This warranty is contingent upon proper use of a Product in the application for which such Product was intended and does not cover Products that were modified without Distributor or its Supplier’s prior written approval, that have expired or that were subjected to physical, chemical or electrical stress that the products were not originally designed for.

  • Customer Warranties Customer warrants that (i) if an entity, it is duly organized and validly existing in good standing; (ii) it is duly authorized to execute, deliver, and perform its obligations under this Agreement; (iii) when duly executed and delivered by each Party, the Agreement will constitute Customer’s legal, valid, and binding obligation, enforceable against it in accordance with its terms; (iv) it is not insolvent and is paying all of its debts as they become due; (v) any payments made pursuant to the Agreement are intended by it to be a substantially contemporaneous exchange for new value given to it; (vi) each payment made of a debt incurred by it under this Agreement is or was in the ordinary course of its business or financial affairs, and (vii) all information supplied by Customer is complete and accurate.

  • Manufacturer Warranties Prior to the transfer to the Interconnected Transmission Owner of title to the Transmission Owner Interconnection Facilities built by the Interconnection Customer, the Interconnection Customer shall produce documentation satisfactory to the Interconnected Transmission Owner evidencing the transfer to the Interconnected Transmission Owner of all manufacturer warranties for equipment and/or materials purchased by the Interconnection Customer for use and/or installation as part of the Transmission Owner Interconnection Facilities built by the Interconnection Customer.

  • Further Warranties The Parties agree to promptly execute documents that are reasonably required for or are conducive to the implementation of the provisions and purposes of this Agreement and take further actions that are reasonably required for or are conducive to the implementation of the provisions and purposes of this Agreement.

  • No Other Warranties EXCEPT AS OTHERWISE EXPRESSLY STATED IN SECTION 4.2 OF THIS AGREEMENT, THE SHAREHOLDER INTERNET SERVICES ARE PROVIDED “AS-IS,” ON AN “AS AVAILABLE” BASIS, AND TRANSFER AGENT HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH SERVICES PROVIDED BY TRANSFER AGENT HEREUNDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

  • Our Warranties We warrant that (i) the Services shall perform materially in accordance with the User Manual, and (ii) the functionality of the Services will not be materially decreased during a Subscription Term. For any breach of either such warranty, Your exclusive remedy shall be as provided in Section 13.3 (Termination for Cause) and Section 13.4 (Refund or Payment upon Termination) below.

  • Your Warranties You warrant that You have validly entered into this Agreement and have the legal power to do so.

  • Disclaimer of Other Warranties EXCEPT AS OTHERWISE EXPRESSLY ------------------------------ PROVIDED HEREIN, THE SALE OF THE EQUIPMENT IS HEREBY MADE ON AN "AS-IS WHERE-IS" BASIS. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO (i) THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ITS SELECTION, QUALITY, DESIGN, CAPACITY, CONDITION, MERCHANTABILITY OR ITS FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE AND FREEDOM FROM CLAIMS OF COPYRIGHT OR PATENT INFRINGEMENT OR ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT OR NEGLIGENCE, (ii) THE FREEDOM OF THE EQUIPMENT (OR ANY PART OR PORTION THEREOF) FROM ANY LATENT OR OTHER DEFECT (WHETHER OR NOT DISCOVERABLE), (iii)THE COMPLIANCE OF ANY OF THE EQUIPMENT (OR ANY PART OR PORTION THEREOF) WITH ANY APPLICABLE LAWS OR REGULATIONS, (iv) THE CREDITWORTHINESS OF EACH LESSEE OR ANY OTHER PERSON UNDER THE LEASES AND THE TRANSACTION DOCUMENTS, (v) THE COLLECTIBILITY OF ANY AMOUNT UNDER THE LEASES AND ANY OF THE TRANSACTION DOCUMENTS, (vi) THE TAX CHARACTERIZATION OF THE LEASES, OR (vii) THE DUE AUTHORIZATION, EXECUTION AND DELIVERY BY, OR THE ENFORCEABILITY AGAINST, ANY PERSON WHO IS OR HAS BEEN A PARTY TO THE LEASES AND ANY OF THE TRANSACTION DOCUMENTS (WITH THE EXCEPTION OF THE SELLER) AND SELLER HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES.

  • Implied Warranties DAS does not disclaim, exclude or modify the implied warranty of fitness for a particular purpose or the warranty of merchantability.

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