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THE
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<br /> (2) Arising out of oral, written, electronic, or any other manner of publication of material whose first
<br /> publication took place before the beginning of the policy period;
<br /> (3) Arising out of a criminal act committed by or at the direction of the insured;
<br /> (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in
<br /> your"advertisement';
<br /> (5) Arising out of the failure of goods, products or services to conform with any statement of quality or
<br /> performance made in your"advertisement";
<br /> (6) Arising out of the wrong description of the price of goods, products or services;
<br /> (7) Arising out of:
<br /> (a) Any actual or alleged infringement or violation of any intellectual property rights, such as copyright,
<br /> patent, right of publicity, trademark, trade dress, trade name, trade secret, service mark or other
<br /> designation of origin or authenticity; or
<br /> (b) Any injury or damage alleged in any claim or"suit"that also alleges an infringement or violation of any
<br /> intellectual property right, whether such allegation of infringement or violation is made against you, or
<br /> by you or by any other party involved in the claim or"suit", regardless of whether this insurance would
<br /> otherwise apply.
<br /> However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual
<br /> property right is limited to:
<br /> (1) Infringement, in your"advertisement", of:
<br /> a. Copyright;
<br /> b. Slogan; unless the slogan is also a trademark, trade dress, trade name, service mark or other
<br /> designation of origin or authenticity; or
<br /> c. Title of any literary or artistic work; or
<br /> (ii) Copying, in your "advertisement', a person's or organization's "advertising idea" or style of
<br /> "advertisement'.
<br /> Paragraph (7)(b)ii above shall not apply to claims or "suits" alleging infringement or violation of trademark,
<br /> trade dress, trade name, service mark or other designation of origin or authenticity.
<br /> (8) Arising out of an offense committed by an insured whose business is:
<br /> (a) Advertising, broadcasting, publishing or telecasting;
<br /> (b) Designing or determining content of web sites for others; or
<br /> (c) An Internet search, access, content or service provider.
<br /> However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of"personal and
<br /> advertising injury"in Section F. Liability And Medical Expenses Definitions.
<br /> For the purposes of this exclusion, the placing of frames, borders, or links, or advertising, for you or
<br /> others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting,
<br /> publishing or telecasting;
<br /> (9) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured
<br /> exercises control;
<br /> (10)Adsing out of the unauthorized use of another's name or product in your e-mail address, domain name or
<br /> metatags, or any other similar tactics to mislead another's potential customers;
<br /> (11)Arising out of the violation of a person's right of privacy created by any state or federal act.
<br /> However, this exclusion does not apply to liability for damages that the insured would have in the
<br /> absence of such state or federal act;
<br /> (12)Arising out of:
<br /> (a) Advertising content for others on your web site;
<br /> (b) Placing a link to a web site of others on your web site;
<br /> Form SL 00 00 10 18 Page 9 of 22
<br /> ©2018, The Hartford
<br /> (May include copyrighted material of Insurance Services Office, Inc., with its permission)
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