Common use of WARRANTIES BY SUBSCRIBER Clause in Contracts

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 laws or regulations. (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.

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 laws law or regulationsregulation. (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 or violate a right of publicity.