Common use of Representations and Warranties Regarding Listings Clause in Contracts

Representations and Warranties Regarding Listings. Participant represents and warrants with respect to each Participant’s Listing or change to a Participant’s Listing submitted to MLS under this Agreement and the Rules and Regulations, the following: a. Seller of the listed property has assigned in writing all of Seller’s rights, title and interest, including all copyright rights and other intellectual property rights, in and to the Listing Content to Participant. b. The Listing complies in all respects with the Rules and Regulations. c. To the best of Participant’s and any applicable Sales Licensee’s knowledge and after reasonable due diligence to verify the accuracy of all information in the Participant’s Listing, all information included in the Participant’s Listing is accurate and not misleading. d. The Listing Content for each Participant’s Listing is an original work of authorship of Participant, or Participant is the assignee of such Listing Data pursuant to an enforceable assignment no other person or entity has rights of any nature in or to any of the Listing Data. e. There is no claim, litigation or proceeding pending or threatened with respect to the Listing Data for any Participant’s listing. f. Neither the Listing Data, or the assignment of rights in and to Listing Content to MLS, infringe upon or violate any patents, copyrights, mask work rights, trademarks, trade secrets or other proprietary rights of any third party.

Appears in 2 contracts

Samples: Participation Application and Agreement, Participation Application and Agreement

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Representations and Warranties Regarding Listings. Participant represents and warrants with respect to each Participant’s Listing or change to a Participant’s Listing submitted to MLS under this Agreement and the Rules and Regulations, the following: a. : The respective Seller of the listed property has assigned or licensed in writing all of Seller’s rights, title and interest, including all copyright rights and other intellectual property rights, in and to the Listing Content to Participant. b. . The Participant’s Listing complies in all respects with the Rules and Regulations. c. . To the best of Participant’s and any applicable Sales Licensee’s knowledge and after reasonable due diligence to verify the accuracy of all information in the Participant’s Listing, all information included in the Participant’s Listing is accurate and not misleading. d. . The Listing Content for each Participant’s Listing is an original work of authorship of Participant, or Participant is the assignee or licensee of such Listing Data Content pursuant to an enforceable assignment or license. Except for Participant and any person or entity, which has assigned his, her or its rights in accordance with Section 4 of this Agreement, no other person or entity has any rights of any nature in or to any of the Listing Data. e. Content for any Participant’s Listing. There is no claim, litigation or proceeding pending or threatened with respect to the Listing Data Content for any Participant’s listing. f. Neither the Listing. The Listing DataContent, or and the assignment of rights in and to Listing Content to MLS, do not infringe upon or violate any patents, copyrights, mask work rights, trademarks, trade secrets or other proprietary rights of any third party.

Appears in 1 contract

Samples: Participation Agreement

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Representations and Warranties Regarding Listings. Participant Subscriber represents and warrants as follows with respect to each Participant’s Listing or that Subscriber submits to the MLS, including any subsequent change to a Participant’s such Listing submitted to MLS under this Agreement and the Rules and Regulations, the followingAgreement: a. The Seller of the listed Listed property has assigned in writing all of Seller’s rights, title and interest, including all copyright rights and other intellectual property rights, in and to the Listing Content Data to Subscriber’s Participant. b. The Listing complies in all respects with the Rules and Regulations. c. To the best knowledge of Participant’s and any applicable Sales Licensee’s knowledge and the Subscriber after reasonable due diligence to verify the accuracy of all information in the Participant’s Listing, all information included in the ParticipantBroker’s Listing is accurate and not misleading. d. The Listing Content Data for each Participant’s Listing is an original work of authorship of Subscriber on behalf of Subscriber’s Participant, or and Subscriber’s Participant is the assignee of such Listing Data pursuant to an enforceable assignment no other person or entity has rights of any nature in or to any of the Listing Data. e. There is no claim, litigation or proceeding pending or threatened with respect to the Listing Data Content for any ParticipantBroker’s listingListing. f. Neither the Listing Data, or the assignment of rights in and to the Listing Content Data to MLS, infringe upon or violate any patents, copyrights, mask work rights, trademarks, trade secrets or other proprietary rights of any third party.

Appears in 1 contract

Samples: Subscription Agreement

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