Common use of Indemnification by Subscriber Clause in Contracts

Indemnification by Subscriber. Subscriber will indemnify Upwork and its Affiliates and their directors, officers, agents and employees from and against any and all losses and liabilities related to Claims to the extent caused by (i) Subscriber’s violation of any law or regulation, including laws related to illegal discrimination or harassment; (ii) the misuse or unauthorized use of the Platform; (iii) Subscriber’s Platform Content; (iv) the misclassification of a Freelancer under the Fair Labor Standards Act, the Internal Revenue Code, state wage and hour law or any other law based on inaccurate or incomplete information provided to Upwork by Subscriber or which Subscriber failed to update or was caused by Subscriber; (v) Subscriber’s failure to comply with applicable wage and hour laws or regulations or any such failure by Upwork or the Employment Provider based on inaccurate or incomplete information provided by Subscriber or which Subscriber failed to update or was caused by Subscriber; (vi) Subscriber’s direction, participation or involvement with the Freelancer or Freelancer Services; or (vii) Subscriber’s breach of its obligations in Section 6.4 (Actions Affecting Freelancers).

Indemnification by Subscriber. Subscriber will indemnify indemnify, defend and hold harmless Upwork and its Affiliates and their directors, officers, agents and employees from and against any and all losses Claims, and/or any and liabilities related to Claims to the extent caused by all losses, costs, damages, liabilities, judgments, or settlements awarded for such Claims, based on (i) Subscriber’s violation of any law or regulation, including laws related to illegal discrimination or harassment; (ii) the misuse or unauthorized use of the Platform; (iii) Subscriber’s Platform Content; (iv) the misclassification of a Freelancer under the Fair Labor Standards Act, the Internal Revenue Code, state wage applicable employee/Freelancer classification laws and hour law or any other law regulations based on inaccurate or incomplete information provided to Upwork by Subscriber or which Subscriber failed to update or was caused by Subscriber; (viii) Subscriber’s failure to comply with applicable wage and hour laws or regulations or any such failure by Upwork or the Employment Provider based on inaccurate or incomplete information provided by Subscriber or which Subscriber failed to update or was caused by Subscriber; (viiv) the misuse or unauthorized use of the Platform; (v) Subscriber’s direction, participation or involvement with the Freelancer or Freelancer Services; or and (viivi) Subscriber’s breach of its obligations in Section 6.4 6(c) (Actions Affecting Freelancers).