Common use of Indemnification by Upwork Clause in Contracts

Indemnification by Upwork. Upwork will indemnify, defend, and hold harmless Subscriber and its directors, officers, agents and employees from and against any losses, costs, damages, liabilities, judgments, or settlements awarded for Claims arising out of, resulting from or in connection with any infringement or alleged infringement of U.S. intellectual property rights due to Subscriber’s use of the Platform or Services, excluding infringement or alleged infringement that arises or results from (i) Subscriber’s use of the Services or Platform in a way not authorized by Upwork; (ii) any modification to the Platform made by Upwork under specifications provided by Subscriber; (iii) use of the Services or Platform in combination with any other service, platform, process, or materials with which the Services or Platform is not intended to be combined; (iv) Subscriber’s continued use of the infringing or allegedly infringing Services or Platform after Subscriber has been provided with modifications or other remedies to avoid the alleged infringement; (v) Platform Content; (vi) Freelancer Services; or (vii) Freelancer Work Product.

Indemnification by Upwork. Upwork will indemnify, defend, and hold harmless Subscriber and its directors, officers, agents and employees from and against any losses, costs, damages, liabilities, judgments, or settlements awarded for Claims arising out of, resulting from or in connection with any infringement or alleged infringement of U.S. intellectual property rights of a third party due to Subscriber’s use of the Platform or Services, excluding infringement or alleged infringement that arises or results from (i) Subscriber’s use of the Services or Platform in a way not authorized by Upwork; (ii) any modification to the Platform made by Upwork under specifications provided by Subscriber; (iii) use of the Services or Platform in combination with any other service, platform, process, or materials with which the Services or Platform is not intended to be combined; (iv) Subscriber’s continued use of the infringing or allegedly infringing Services or Platform after Subscriber has been provided with modifications or other remedies to avoid the alleged infringement; (v) Platform Content; (vi) Freelancer Services; or (vii) Freelancer Work Product.;

Indemnification by Upwork. Upwork will indemnify, defend, and hold harmless Subscriber and its directors, officers, agents and employees from and against any losses, costs, damages, liabilities, judgments, or settlements awarded for Claims arising out of, resulting from or in connection with any infringement or alleged infringement of U.S. intellectual property rights due to Subscriber’s use of the Platform or Services, excluding infringement or alleged infringement that arises or results from (i) Subscriber’s use of the Services or Platform in a way not authorized by Upwork; (ii) any modification to the Platform made by Upwork under specifications provided by Subscriber; (iii) use of the Services or Platform in combination with any other service, platform, process, or materials with which the Services or Platform is not intended to be combined; (iv) Subscriber’s continued use of the infringing or allegedly infringing Services or Platform after Subscriber has been provided with modifications or other remedies to avoid the alleged infringement; (v) Platform User Content; (vi) Freelancer Services; or (vii) Freelancer Work Product.

Indemnification by Upwork. Upwork will indemnify, defend, and hold harmless Subscriber and its directors, officers, agents and employees from and against any losses, costs, damages, liabilities, judgments, or settlements awarded for Claims arising out of, resulting from or in connection with any infringement or alleged infringement of U.S. intellectual property rights of a third party due to Subscriber’s use of the Platform or Services, excluding infringement or alleged infringement that arises or results from (i) Subscriber’s use of the Services or Platform in a way not authorized by Upwork; (ii) any modification to the Platform made by Upwork under specifications provided by Subscriber; (iii) use of the Services or Platform in combination with any other service, platform, process, or materials with which the Services or Platform is not intended to be combined; (iv) Subscriber’s continued use of the infringing or allegedly infringing Services or Platform after Subscriber has been provided with modifications or other remedies to avoid the alleged infringement; (v) Platform Content; (vi) Freelancer Services; or (vii) Freelancer Work Product.