Client hereby represents and warrants to Townsquare that: (i) it has full power and authority to enter into and perform the Agreement; (ii) the execution and delivery of the Agreement have been duly authorized; (iii) neither the Agreement nor Client's performance of its obligations hereunder violates any law, statute, or regulation and does not breach any other agreement or covenant to which it is a Party or is bound; (iv) that it owns or controls all rights with respect to the Client Creative Assets and Client Marks that are necessary in connection with their use pursuant to this Agreement and that the Client Creative Assets and Client Marks, and their use pursuant to this Agreement, will not infringe upon, violate or give rise to any adverse claims with respect to any intellectual property, proprietary, personal or other right of any third party or violate any Applicable Law; (v) its Confidential Information has been legally obtained; (vi) the provision of its Confidential Information to Townsquare does not violate any laws or agreements with third parties; and (vii) it will otherwise comply with this Agreement and all Applicable Law, rules, regulations, guidelines and principles.
Client further represents and warrants to Townsquare that it shall not use Townsquare's Services to send or facilitate: (i) advertising for adult entertainment, i.e., pornography; (ii) advertising for illegal gambling; (iii) advertising for any other product or service that is illegal in the country or locality in which it is sent or received, including without limitation to discriminate on the basis of race, gender, religion, or sexual orientation; (iv) determining employment eligibility; (v) the determination of credit eligibility; (vi) the determination of health care eligibility; or (vii) the determination of insurance eligibility underwriting and pricing; (viii) the combination of any Personal Information in violation of Applicable Law, rules, and regulations; or (ix) using or associating any reports or data provided by Townsquare: (1) with individuals under the age of 13; (2) to create a similar database; or (3) to sublicense, sell, or transmit the such data to others. Client further agrees that it shall not attempt to re-identify or otherwise reverse engineer the data it receives in connection with the implementation of this Agreement, whether to derive Personal Information or otherwise from information provided by Townsquare. Townsquare makes no representation or warranty that Client's use of the Services complies with Applicable Law, including Privacy Laws (as defined in Appendix I). Client is solely responsible for ensuring that the instructions it provides to Townsquare pursuant to this Agreement and its use of the Services comply with Applicable Law (including Privacy Laws).
To the extent that Client is using Townsquare's services to advertise cannabis or cannabis related products, Client represents that: (i) Client is located in a state in which cannabis is legal for medical or adult use, Client's business complies with that state's laws, including any applicable licensing requirements, and Client is advertising products or services in states in which it is legal to sell those products or services and in which Client is licensed to sell those products or services; (ii) any advertisements Client provides to Townsquare for publication comply with the laws of the states in which Client operates and of the states in which the advertisements will run (if different), including all restrictions the state places on cannabis-related advertising; (iii) Client understands Townsquare does not represent any ad it has created for Client complies with state law, nor is Townsquare responsible for ensuring Client's ads comply with state law; (iv) the content of Client's advertisements are not targeted at people under the age of 21 and Client will not attempt to use Townsquare's services to target advertisements at people under the age of 21; and (v) the content of Client's advertisements does not link cannabis to a disease or health related condition nor claim or imply that cannabis is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or other health condition, nor claim or otherwise imply that cannabis is intended to affect the structure or any function of the body.
To the extent Client provides or requests that Townsquare provide advertising of hemp or CBD related products, Client represents that: (i) Client is located in a state in which it is legal to sell and advertise the products Client will advertise with Townsquare, Client's business complies with that state's laws, including any applicable licensing requirements, and any applicable federal laws, the products Client is selling have been legally produced and distributed and Client is legally authorized to distribute, market, or sell those products under applicable federal and state laws; (ii) the CBD products Client is advertising (if applicable) are derived from industrial hemp grown in compliance with a federal, state, or tribal program in compliance with the Agriculture Improvement Act of 2018 (sometimes called the "2018 Farm Bill") and are properly considered "hemp" as defined in that law; (iii) any advertisements Client provides to Townsquare for publication complies with federal and state law, including all restrictions the state places on hemp-CBD-related advertising; (iv) the content of Client's advertisements are not targeted at people under the age of 18 and Client will not attempt to use Townsquare's services to target advertisements at people under the age of 18; and (v) the content of Client's advertisements does not link hemp-CBD to a disease or health related condition nor claim or imply that hemp-CBD is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or other health condition, nor claim or otherwise imply that hemp-CBD is intended to affect the structure or any function of the body.
EXCEPT AS STATED IN THIS SECTION 6, THERE ARE NO OTHER WARRANTIES HEREUNDER, AND TOWNSQUARE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR, WITH RESPECT TO DATA PRODUCTS, ACCURACY, COMPLETENESS, OR CURRENTNESS. CLIENT ACKNOWLEDGES THAT ALL NUMBERS OF IMPRESSIONS STATED IN ANY CLIENT PRESENTATION ARE ESTIMATES AND NOT GUARANTEES.