This analysis describes what FanDuel's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The indemnification clause establishes a procedural allocation of legal and financial responsibility under which users assume defense costs and damages liability for claims connected to their service use, rather than FanDuel bearing those costs. This mechanism affects the operational relationship between the parties regarding claims origination from user conduct.
Users agree to cover FanDuel's legal fees, court costs, and damages in disputes arising from their own service use, prize receipt, or alleged violations of the terms. This obligation applies regardless of whether the user initiated the dispute or the dispute involves claims related to user-generated content or conduct.
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You agree that Your Content must comply with our Community Guidelines as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content. You will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
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"You agree to release and to indemnify, defend and hold harmless FanDuel and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy.— Excerpt from FanDuel's FanDuel Terms of Use
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The indemnification clause establishes a procedural allocation of legal and financial responsibility under which users assume defense costs and damages liability for claims connected to their service use, rather than FanDuel bearing those costs. This mechanism affects the operational relationship between the parties regarding claims origination from user conduct.
Users agree to cover FanDuel's legal fees, court costs, and damages in disputes arising from their own service use, prize receipt, or alleged violations of the terms. This obligation applies regardless of whether the user initiated the dispute or the dispute involves claims related to user-generated content or conduct.
ConductAtlas has identified this type of provision across 4 platforms. See the full comparison.
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