WARRANTIES BY SUBSCRIBER. (a) SUBSCRIBER'S BUSINESS. Subscriber represents and warrants that: (i) Subscriber's services, products, materials, data, and information used by Subscriber in connection with this Agreement as well as Subscriber's and its permitted customers' and users' use of the eCommerce Services (collectively, "SUBSCRIBER'S BUSINESS") does not as of the Operational Date, and will not during the term of this Agreement, operate in any manner that would violate any applicable law or regulation. (ii) Subscriber owns or has the right to use all material contained in the Subscriber's web site, including all text, graphics, sound, video, programming, scripts, and applets; and (iii) The use, reproduction, distribution, and transmission of the web site, or any information or materials contained in it does not (A) infringe or misappropriate any copyright, patent, trademark, trade secret, or any other proprietary rights of a third party; or (B) constitute false advertising, unfair competition, defamation, an invasion of privacy, or violate a right of publicity.
Appears in 4 contracts
Sources: Electronic Commerce Services Agreement (Netgateway Inc), Electronic Commerce Services Agreement (Netgateway Inc), Systems Integrator Agreement (Netgateway Inc)
WARRANTIES BY SUBSCRIBER. (aA) SUBSCRIBER'S BUSINESS. Subscriber represents and warrants that:
(i) Subscriber's services, products, materials, data, data and information used by Subscriber in connection with this Agreement as well as Subscriber's and its permitted customers' and users' use of the eCommerce Services (collectively, "SUBSCRIBER'S BUSINESS") does not not, as of the Operational Date, and will not during the term of this Agreement, operate in any manner that would violate any applicable law laws or regulationregulations.
(ii) Subscriber owns or has the right to use all material contained in the Subscriber's web site, including all text, graphics, sound, video, programming, scripts, scripts and applets; and
(iii) The use, reproduction, distribution, distribution and transmission of the web site, or any information or materials contained in it does not not: (A) infringe or misappropriate any copyright, patent, trademark, trade secret, secret or any other proprietary rights of a third party; or (B) constitute false advertising, unfair competition, defamation, an invasion of privacy, privacy or violate a right of publicity.
Appears in 2 contracts
Sources: Electronic Commerce Services Agreement (Netgateway Inc), Electronic Commerce Services Agreement (Netgateway Inc)
WARRANTIES BY SUBSCRIBER. (a) SUBSCRIBER'S BUSINESS. Subscriber represents and warrants that:
(i) Subscriber's services, products, materials, data, data and information used by Subscriber in connection with this Agreement as well as Subscriber's and its permitted customers' and users' use of the eCommerce Services (collectively, "SUBSCRIBER'S BUSINESS") does not not, as of the Operational Date, and will not during the term of this Agreement, operate in any manner that would violate any applicable law laws or regulationregulations.
(ii) Subscriber owns or has the right to use all material contained in the Subscriber's web site, including all text, graphics, sound, video, programming, scripts, scripts and applets; and
(iii) The use, reproduction, distribution, distribution and transmission of the web site, or any information or materials contained in it does not not: (A) infringe or misappropriate any copyright, patent, trademark, trade secret, secret or any other proprietary rights of a third party; or (B) constitute false advertising, unfair competition, defamation, an invasion of privacy, privacy or violate a right of publicity.
Appears in 2 contracts
Sources: Electronic Commerce Services Agreement (Netgateway Inc), Electronic Commerce Services Agreement (Netgateway Inc)
WARRANTIES BY SUBSCRIBER. (a) SUBSCRIBER'S BUSINESS. Subscriber represents and warrants that:
(i) Subscriber's services, products, materials, data, and information used by Subscriber in connection with this Agreement as well as Subscriber's and its permitted customers' and users' use of the eCommerce eData CenterCommerce Services (collectively, "SUBSCRIBER'S BUSINESS") does not as of the Operational Date, and will not during the term of this Agreement, operate in any manner that would violate any applicable law or regulation.
(ii) Subscriber owns or has the right to use all material contained in the Subscriber's web site, including all text, graphics, sound, video, programming, scripts, and applets; and
(iii) The use, reproduction, distribution, and transmission of the web site, or any information or materials contained in it does not (A) infringe or misappropriate any copyright, patent, trademark, trade secret, or any other proprietary rights of a third party; or (B) constitute false advertising, unfair competition, defamation, an invasion of privacy, or violate a right of publicity.
Appears in 1 contract
WARRANTIES BY SUBSCRIBER. (a) SUBSCRIBER'S BUSINESS. Subscriber represents and warrants that:
(i) Subscriber's services, products, materials, data, and information used by Subscriber in connection with this Agreement as well as Subscriber's and its permitted customers' and users' use of the eCommerce Services (collectively, "SUBSCRIBER'S BUSINESSSubscriber's Business") does not not, as of the Operational Date, and will not during the term of this Agreement, operate in any manner that what would violate any applicable law or regulation.
(ii) Subscriber owns or has the right to use all material contained in the Subscriber's web site, site including all text, graphics, sound, video, programming, scripts, and applets; and
(iii) The use, reproduction, distribution, distribution and transmission of the web site, or any information or materials material contained in it it, does not (A) infringe or misappropriate any copyright, patent, trademark, trade secret, secret or any other proprietary rights of a third party; or (B) constitute false advertising, unfair competition, defamation, an invasion of privacy, privacy or violate a right of or publicity.
Appears in 1 contract
Sources: Electronic Commerce Services Agreement (Ichargeit Inc)