Defend, indemnify, hold harmless; survives termination

Classification: bad

Weight: 35



Service Title Rating Status Author
Enpass "Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement." APPROVED Dr_Jeff Staff
Spotify "Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.</p>" APPROVED Dr_Jeff Staff
eBuddy "You are entitled to terminate the agreement between you and eBuddy at any time by discontinuing the use of the Service and/or to terminate your eBuddy ID. Upon termination of the agreement between you and eBuddy for any reason all licenses and rights to use the Service shall terminate and you will cease any and all use of the Service. All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement between you and eBuddy including without limitation, all of your representations, warranties and indemnification obligations." APPROVED Agnes de Lion Staff
Slack "The sections titled “Feedback is Welcome,” “Non-Slack Products,” “Our Removal Rights,” “A Condition of Use,” “Payment Terms,” “Credits,” “The Slack Extended Family,” “What’s Yours is Yours…,” “And What’s Ours is Ours,” “Effect of Termination,” “Data Portability and Deletion,” “Representations. Disclaimer of Warranties,” “Limitation of Liability,” “Our Indemnification of Customer,” “Customer’s Indemnification of Us,” “Limitations on Indemnifications,” “Confidentiality” and “Survival,” as well as all of the provisions under the general heading “General Provisions,” will survive any termination or expiration of the Contract." DECLINED KnossosDomovoi Curator
SoundCloud "The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections entitled Your SoundCloud Account, Your Content, Grant of License , Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination and Right of Cancellation, Assignment to Third Parties, Severability, Entire Agreement, and Applicable Law and Jurisdiction, respectively." DECLINED Peepo Staff
Malwarebytes "Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. " APPROVED Agnes de Lion Staff
Presearch "This agreement shall survive expiration or termination.</p>" DECLINED Tsuser Curator
Steam Defend and indemnify Valve. Survives termination of the agreement. DECLINED import script Bot
Instructure "All provisions of these AUP Guidelines, which by their nature should survive, will survive termination of the Service." DECLINED Dr_Jeff Staff
Cengage "YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CENGAGE, ITS AFFILIATES AND SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL DEMANDS, CLAIMS,&nbsp;ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICES, CENGAGE MATERIALS, OR SERVICES ITEMS. ANY CLAIMS RELATED TO YOUR CONTENT. OR YOUR VIOLATION OF ANY OF THESE TERMS. This paragraph shall survive any expiration or termination of these Terms" APPROVED user 843 Curator
Samsung " <b>SURVIVAL |</b> Any provisions within these Terms that by their nature should continue to be in effect, including without limitation the following Sections: License, Disclaimer of Warranty, Limitation of Liability, Indemnification and General, shall survive the expiration or termination of these Terms, and remain valid and binding.<br>" DECLINED DavidH0
Grabcraft "<strong>Indemnity&nbsp;</strong> <br> You agree that you will defend, hold harmless and indemnify GrabCraft, its representatives, directors, shareholders, agents and employees for any and all claims, demands, causes of action, lawsuits arising out of your use of the Site in any form. Such indemnity includes the payment of attorneys’ fees and cost of other legal aid. You agree to cooperate with GrabCraft’s defense. &nbsp;&nbsp;" DECLINED GV-280
Red Pocket "THIS INDEMNITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT." APPROVED serph Curator
Discord "You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.</p>" APPROVED Dr_Jeff Staff
Facebook "If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place" APPROVED Dr_Jeff Staff
GitLab "All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability." APPROVED KnossosDomovoi Curator
Pixel8Earth "All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability." APPROVED ArloJamesBarnes Curator
moovweb "Your indemnification obligation will survive the termination of these Terms and your use of the Site.</p" APPROVED Peepo Staff
Odysee (LBRY) " <p>The following sections will survive the expiration or termination of these Terms: all defined terms and Sections 12 - 18, 21 and 22.</p> 23. " APPROVED Agnes de Lion Staff
Pinterest "Upon termination, you continue to be bound by Sections 3 and 8 of these Terms." APPROVED Dr_Jeff Staff
Twitter "In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI." APPROVED Dr_Jeff Staff
Instagram "This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted." APPROVED Dr_Jeff Staff
ISODME "By using our site, you agree to protect, defend, indemnify and hold harmless ISODME and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by ISODME directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site. (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein. and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site." APPROVED user 843 Curator
likee "Upon termination of these terms of use, any provision which, by its nature or express terms should survive, will survive such termination or expiration.</p>" APPROVED Agnes de Lion Staff
Blizzard "The provisions of Sections 2, 5, 6, 7, 8, 11, 12, and 13 shall survive termination of this Agreement for any reason." APPROVED Dr_Jeff Staff
Pure.Dating "Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.</p>" DECLINED Dr_Jeff Staff
WikiTree " <b>Survival.</b> Sections 5, 7 - 13 and 14 - 17 shall survive any termination of these Terms.</p> " APPROVED Reblyn
Steam "Sections 2.C., 2.D., 2.F., 2.G., 3.A., 3.B., 3.D., 3.H., and 5 - 12 will survive any expiration or termination of this Agreement.</p>" APPROVED Dr_Jeff Staff
McDonald's "Upon termination, all rights of McDonald’s and other Members of the McDonald’s System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 9 (“How we settle disputes”)" APPROVED Dr_Jeff Staff
Dropbox "The following sections will survive expiration or termination of the Agreement: 3.3 (Third Party Requests), 5 (Payment), 7 (Intellectual Property Rights), 9.2 (Effects of Termination), 9.3 (Survival), 10 (Indemnification), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Disputes), and 14 (Miscellaneous). " APPROVED Agnes de Lion Staff
WhatsApp "The following provisions will survive any termination of your relationship with WhatsApp: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision for United States or Canada Users.”</p> <p>" APPROVED Agnes de Lion Staff
Twitch "Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-17.</p>" APPROVED Dr_Jeff Staff
Tresorit "<strong>Survival:</strong> The following sections will survive expiry or termination of this Agreement: 6 (Customer responsibility), 7 (Third-party Requests), 8 (Fees), 11 (Intellectual Property Rights), 12 (Disclaimer), 13 (Indemnification), 15 (Term), 17 (Miscellaneous).</p> </li> " APPROVED Agnes de Lion Staff
GitHub & Global Privacy Control "All provisions of this Agreement which, by their nature, should survive termination <em>will</em> survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.</p>" APPROVED Dr_Jeff Staff
Riot Games "These Terms begins on the date you first accept them and last for as long as you use or maintain an account on the Riot Services. However, Sections 2.3, 3.2, 4.3, 4.4, 4.5, 5.1, 6, 8, and 13-19 inclusive, shall survive the termination of these Terms.</p>" APPROVED Dr_Jeff Staff
Creative Commons "Your warranties and indemnification obligations will survive for one year after termination.</p> <p>" APPROVED Agnes de Lion Staff
Strava "The following Sections shall survive termination of your account and/or the Terms: Content and Conduct, Clubs, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Choice of Law and Forum, and General.</p> " APPROVED Agnes de Lion Staff
Adobe "Your indemnification obligations, our warranty disclaimers and limitations of liabilities, and dispute resolution provisions stated in the Terms will survive." APPROVED Agnes de Lion Staff
Brave "Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.</p> " APPROVED Agnes de Lion Staff
Merriam-Webster "The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive such termination.</p> <p>" APPROVED Agnes de Lion Staff
The Walt Disney Company "The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and rules regarding dispute resolution in Section 2, 3, 6, 7 and 8 as well as the general provisions in this Section 9.</p>" APPROVED Agnes de Lion Staff
V.H. Hess "The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. <br> " APPROVED Agnes de Lion Staff
iFunny "This defense and indemnification obligation will survive this Agreement and your use of iFunny Services." APPROVED Agnes de Lion Staff
Avast "The exclusions and limitations of liability of members of the Vendor Group and Vendor Partners contained in this Agreement will survive termination of this Agreement. </p>" APPROVED Agnes de Lion Staff
Smartmessages "All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.</p> <p>" APPROVED Agnes de Lion Staff
Vimeo "<p>In the event of any termination or expiration, the following sections will survive:&nbsp;<strong>Section 6.4</strong>&nbsp;(Other Content. Feedback),&nbsp;<strong>Section 7.2</strong>&nbsp;(Indemnification),&nbsp;<strong>Section 9</strong>&nbsp;(Disclaimers),&nbsp;<strong>Section 10</strong>&nbsp;(Limitation of Liability),&nbsp;<strong>Section 11</strong>&nbsp;(Disputes, Arbitration, and Choice of Law), and&nbsp;<strong>Section 12</strong>&nbsp;(General Provisions).</p>" APPROVED Agnes de Lion Staff
Authy (Twilio) "Upon termination of these Terms, your payment obligations, the terms of this Section 16, and the terms of the following Sections will survive (i.e. still apply): Section 4 (Customer Data), Section 10 (Fees, Payment Terms, Taxes), Section 11 (Ownership and Confidentiality), Section 13 (Mutual Indemnification), Section 14 (Limitation of Liability. Emergency Services), Section 17 (General), and Section 18 (Agreement to Arbitrate).</p> " APPROVED Agnes de Lion Staff
Burger King "These obligations will survive any termination of these Terms.</p> <strong>" APPROVED Agnes de Lion Staff
Dailymotion " Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of the Terms shall survive and remain in effect after such happening.</p>" APPROVED Agnes de Lion Staff
webmail "This defense and indemnification obligation will survive these Terms of Service and your use of the Webmail.co.za" APPROVED Agnes de Lion Staff
GoDaddy "ou agree that these indemnification obligations shall survive the termination or expiration of the Agreement for any reason." APPROVED Agnes de Lion Staff
FileFactory "Upon termination of this Agreement by either Customer or FileFactory.com, all of Customer rights under this Agreement, and FileFactory.com's provision of Services, will terminate immediately.</p> </li> <li> <p>13.2 The Sections 7 ("Customer Data"), 9 ("No Warranty"), 10 ("Indemnity"), 11 ("Limitation Of Liability") and this Section 13 will survive any termination of this Agreement.</p> " APPROVED Agnes de Lion Staff
Stingle Photos "ll provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.</p> " APPROVED Agnes de Lion Staff


Comments:
On 2021-02-27 09:31:36 UTC, Agnes de Lion Staff wrote:

Previous weight: 80
Updated weight: 35

Reason of the change: https://forum.tosdr.org/t/1171