Specifications for the hardware and software used by Company to provide the Services will be available on Company’s Site or can be requested. Company shall not be responsible for any damages to the Customer Content or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Content to be compatible or incompatible with the hardware and software used by Company to provide the Services.</li> <li> <strong>CUSTOMER IS SOLELY RESPONSIBLE FOR MAKING BACK-UP COPIES OF ALL CUSTOMER CONTENT.</strong> </li> </ol> </li> </ol> <ol> <li>Customer’s Representations and Warranties.<ol> <li>Customer hereby represents and warrants to Company, and agrees that during the Initial or Introductory Term and any Term (as such terms are defined herein) thereafter for the Services, that Customer will ensure that:<ol> <li>Customer is and remains the legal owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Company to pay any fees, residuals, guild payments or other compensation of any kind to any Person;</li> <li>Customer’s use, publication, and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated;</li> <li>Customer will comply with all applicable laws, rules, and regulations regarding the Customer Content and will use the Customer Content only for lawful purposes.