Common use of Customer’s obligation to indemnify VIDEOTRON Clause in Contracts

Customer’s obligation to indemnify VIDEOTRON. Notwithstanding any other provision of this Agreement, the Customer is responsible for the content of his Website, and he acknowledges that the content is not owed by VIDEOTRON and that it has no control over the content, the availability, accuracy, security or any other aspect of any of the site’s information, including, but not limited to, personally identifiable information, data, files, images or content in any form whatsoever (collectively, the “Information”) to which the Customer or his end users have access, or to which they give access, through the Service. It is not part of VIDEOTRON’s practices to supervise the use made of the Service by the Customer or his end users, although it reserves the right to do so if the circumstances justify it, and, subject to what is set forth in this Agreement, it has no control over the use of the Service by the Customer or by his end users. The Customer represents and warrants to VIDEOTRON that, as of the Effective Date, the Customer has all the rights necessary to enter into this Agreement, including, without limitation, all copyrights in the content of any of the Customer’s hosted material and all rights of pu- blicity with respect to any authors, artists, text material, images, sound or video provided by Customer to VIDEOTRON associated with the content of the hosted material. Without limiting the generality of the foregoing, the Customer represents and warrants that he holds, directly or under license, the copyrights, trade-marks, patents and all the other rights required for the provision of the Services and no element of the hosted site infringes third-party rights. VIDEOTRON can require at any time proof that the Customer has acquired the necessary rights and authorizations. The Customer grants VIDEOTRON a non-exclusive license that is not assignable with regards to these elements, for the duration of the Agreement, in order to render the Services. The Customer also undertakes to hold harmless, indemnify and defend VIDEOTRON and its affiliates, mandataries and any third- party provider against: (i) any claim, action, suit, damages, costs (including reasonable legal costs), liabilities, judgments or settlements arising or resulting from any infringement or misappropriation of any copyright, patent, trade-xxxx, trade secret, data, music, image or other proprietary or property right, false advertising, unfair competition, defamation, litigation or dispute, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation or any other right of any person or entity regarding the content of the Customer’s Website; and (ii) any claim made by a third party, including the end users and distributors, regarding (i) use of the Service (and the related equipment and software); (ii) transmission of Information by the Customer or by a third party; (iii) disclosure by any means of any personally identifiable or confidential information provided to the Customer by third parties, when the Customer was under the obligation not to disclose it, or (iv), the Customer’s failure to comply with his obligations under the Agreement. VIDEOTRON will be authorized to participate in the defence and settlement of such a claim.

Customer’s obligation to indemnify VIDEOTRON. Notwithstanding any other provision of this Agreement, the Customer is responsible for the content of his Website, and he acknowledges that the content is not owed by VIDEOTRON and that it has no control over the content, the availability, accuracy, security or any other aspect of any of the site’s information, including, but not limited to, personally identifiable information, data, files, images or content in any form whatsoever (collectively, the “Information”) to which the Customer or his end users have access, or to which they give access, through the Service. It is not part of VIDEOTRON’s practices to supervise the use made of the Service by the Customer or his end users, although it reserves the right to do so if the circumstances justify it, and, subject to what is set forth in this Agreement, it has no control over the use of the Service by the Customer or by his end users. The Customer represents and warrants to VIDEOTRON that, as of the Effective Date, the Customer has all the rights necessary to enter into this Agreement, including, without limitation, all copyrights in the content of any of the Customer’s hosted material and all rights of pu- blicity publicity with respect to any authors, artists, text material, images, sound or video provided by Customer to VIDEOTRON associated with the content of the hosted material. Without limiting the generality of the foregoing, the Customer represents and warrants that he holds, directly or under license, the copyrights, trade-marks, patents and all the other rights required for the provision of the Services and no element of the hosted site infringes third-party rights. VIDEOTRON can require at any time proof that the Customer has acquired the necessary rights and authorizations. The Customer grants VIDEOTRON a non-exclusive license that is not assignable with regards to these elements, for the duration of the Agreement, in order to render the Services. The Customer also undertakes to hold harmless, indemnify and defend VIDEOTRON and its affiliates, mandataries and any third- party provider against: (i) any claim, action, suit, damages, costs (including reasonable legal costs), liabilities, judgments or settlements arising or resulting from any infringement or misappropriation of any copyright, patent, trade-xxxx, trade secret, data, music, image or other proprietary or property right, false advertising, unfair competition, defamation, litigation or dispute, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation or any other right of any person or entity regarding the content of the Customer’s Website; and (ii) any claim made by a third party, including the end users and distributors, regarding (i) use of the Service (and the related equipment and software); (ii) transmission of Information by the Customer or by a third party; (iii) disclosure by any means of any personally identifiable or confidential information provided to the Customer by third parties, when the Customer was under the obligation not to disclose it, or (iv), the Customer’s failure to comply with his obligations under the Agreement. VIDEOTRON will be authorized to participate in the defence and settlement of such a claim.

Customer’s obligation to indemnify VIDEOTRON. Notwithstanding any other provision of this Agreement, the Customer is responsible for the content of his Website, and he acknowledges that the content is not owed by VIDEOTRON and that it has no control over the content, the availability, accuracy, security or any other aspect of any of the site’s information, including, but not limited to, personally identifiable information, data, files, images or content in any form whatsoever (collectively, the “Information”) to which the Customer or his end users have access, or to which they give access, through the Service. It is not part of VIDEOTRON’s practices to supervise the use made of the Service by the Customer or his end users, although it reserves the right to do so if the circumstances justify it, and, subject to what is set forth in this Agreement, it has no control over the use of the Service by the Customer or by his end users. The Customer represents and warrants to VIDEOTRON that, as of the Effective Date, the Customer has all the rights necessary to enter into this Agreement, including, without limitation, all copyrights in the content of any of the Customer’s hosted material and all rights of pu- blicity publicity with respect to any authors, artists, text material, images, sound or video provided by Customer to VIDEOTRON associated with the content of the hosted material. Without limiting the generality of the foregoing, the Customer represents and warrants that he holds, directly or under license, the copyrights, trade-marks, patents and all the other rights required for the provision of the Services and no element of the hosted site infringes third-party rights. VIDEOTRON can require at any time proof that the Customer has acquired the necessary rights and authorizations. The Customer grants VIDEOTRON a non-exclusive license that is not assignable with regards to these elements, for the duration of the Agreement, in order to render the Services. The Customer also undertakes to hold harmless, indemnify and defend VIDEOTRON and its affiliates, mandataries and any third- party provider against: (i) any claim, action, suit, damages, costs (including reasonable legal costs), liabilities, judgments or settlements arising or resulting from any infringement or misappropriation of any copyright, patent, trade-xxxxmark, trade secret, data, music, image or other proprietary or property right, false advertising, unfair competition, defamation, litigation or dispute, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation or any other right of any person or entity regarding the content of the Customer’s Website; and (ii) any claim made by a third party, including the end users and distributors, regarding (i) use of the Service (and the related equipment and software); (ii) transmission of Information by the Customer or by a third party; (iii) disclosure by any means of any personally identifiable or confidential information provided to the Customer by third parties, when the Customer was under the obligation not to disclose it, or (iv), the Customer’s failure to comply with his obligations under the Agreement. VIDEOTRON will be authorized to participate in the defence and settlement of such a claim.