- Fraud(b) Client Content. Client represents, warrants and covenants that all materials or content provided to Entravision by Client in connection with the Agreement (“Client Content†): (i) will comply with applicable federal, state and local laws, rules and regulations; (ii) will not infringe or violate in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (iii) will not breach any duty toward, or rights of, any person or entity, including, without limitation, rights of publicity or privacy, or have not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) will not contain material or information constituting libel, slander or defamation, or that is threatening or otherwise violates the legal rights of any third party; (v) will not contain any text or other materials that are false or misleading or violate any federal, state, or local laws, rules and regulations dealing with trade practices, product promotion, and consumer protection, including those dealing with product endorsements; (vi) if broadcast on a platform regulated by the Federal Communications Commission (the “FCC†) (e.g., a television station or radio station) will contain proper sponsorship identification under the Communications Act of 1934, as amended, and the rules and regulations of the FCC; (vii) is free from any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system data or personal information; and (viii) Client has secured all necessary legal rights, licenses, approvals and permissions for the inclusion of music, vocal impressions, trademarks and other proprietary material in commercial announcements.
- Money Laundering
- Intellectual Property
- Unfair CompetitionNotwithstanding the forgoing, if unsolicited submissions are sent to Entravision through this Entravision Website or through the Entravision Interactive Services, these submissions become the property of Entravision and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Entravision sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Entravision, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
- Employment Contract
- Property DamageIn no event shall Entravision, its subsidiaries, affiliates, distributors, suppliers, licensors, directors, officers, employees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Entravision Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Entravision Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Entravision Website or any information, software, products, services, and related graphics obtained through the Entravision Website; (vi) any transactions entered into through this Entravision Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Entravision Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Entravision Website and Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Entravision has been advised of the possibility of damages.