Common use of By Publisher Clause in Contracts

By Publisher. Publisher represents and warrants to Admixer that: (a) Publisher owns or controls the necessary legal rights to any Content that Publisher designates or transmits in connection with the use of the Services; (b) Publisher has all necessary rights, power and legal authority to enter into this Agreement and use the Services; and (c) Publisher and Publisher's Content: (i) complies with the requirements and all other applicable laws, statutes, ordinances and regulations; (ii) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) only as to Publisher’s Content, is free from viruses and any other contaminants of any nature whatsoever. Publisher will indemnify and hold Admixer, and any of their parents, subsidiaries, affiliates, officers and employees, harmless, from any claim, demand, damages or loss, including costs and attorneys' fees, due to or arising out of Publisher’s breach or alleged breach of this Agreement or any of the foregoing representations and warranties.

By Publisher. Publisher represents and warrants to Admixer Company that: (a) Publisher owns or controls the necessary legal rights to any Content that Publisher designates or transmits in connection with the use of the Services; (b) Publisher has all necessary rights, power and legal authority to enter into this Agreement and to access the Site and use the Services; and (c) Publisher and Publisher's Content: (i) complies with the requirements Content Requirements and all other applicable laws, statutes, ordinances and regulations; (ii) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) only as to Publisher’s Content, is free from viruses and any other contaminants of any nature whatsoever. Publisher will indemnify and hold AdmixerCompany, and any of their parents, subsidiaries, affiliates, officers and employees, harmless, from any claim, demand, damages or loss, including costs and attorneys' fees, due to or arising out of Publisher’s the breach or alleged breach of this Agreement or any of the foregoing representations and warrantieswarranties by Publisher.