Users agree to indemnify and defend Skillshare, its affiliates, officers, directors, and employees against all claims, damages, liabilities, and expenses including attorney's fees arising from the user's use of the service, violations of the terms, violations of third-party rights, or damage caused by user-submitted content.
This analysis describes what Skillshare'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
This provision requires users to bear the cost of defending Skillshare against third-party claims arising from user conduct or content. The indemnification scope covers attorney's fees and all associated costs, which could create significant financial exposure for users whose content or conduct gives rise to third-party claims.
Interpretive note: Enforceability of consumer-facing indemnification clauses may vary by jurisdiction, particularly in EU member states and California, where unconscionability or unfair terms doctrines may apply.
This clause establishes that users must indemnify and defend Skillshare against claims, including those involving attorney's fees, that arise from the user's content, conduct, or violations of third-party rights such as copyright or privacy. This obligation applies to all users who upload content to the platform.
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"You agree to defend, indemnify and hold harmless Skillshare and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.— Excerpt from Skillshare's Skillshare Terms of Service
1. REGULATORY LANDSCAPE: Consumer indemnification clauses in standard form contracts may be scrutinized under state unfair practices law. In California, courts have examined whether indemnification obligations in consumer contracts are unconscionable, particularly where they shift broad liability to individual consumers. The FTC Act's prohibition on unfair practices may also be relevant if the indemnification obligation is deemed to impose unreasonably burdensome terms on consumers. 2. GOVERNANCE EXPOSURE: Medium. Broad consumer-facing indemnification clauses that include attorney's fees create financial exposure for individual users, particularly those who upload third-party content or operate as teachers on the platform. The practical enforcement of such clauses against individual consumers is uncertain, but the contractual obligation is clearly stated. 3. JURISDICTION FLAGS: EU consumer law, particularly the Unfair Contract Terms Directive, may limit the enforceability of broad indemnification obligations imposed on consumers in standard form contracts. California unconscionability doctrine may also apply. 4. CONTRACT AND VENDOR IMPLICATIONS: Institutional accounts uploading proprietary or third-party content should review whether their IP ownership position and licensing arrangements are sufficient to prevent indemnification exposure under this clause. Procurement teams should consider whether enterprise agreements modify or limit this indemnification obligation. 5. COMPLIANCE CONSIDERATIONS: Content creators and institutional users should assess the IP ownership and licensing status of all content uploaded to Skillshare to ensure they are not creating indemnification exposure through upload of content to which they do not hold necessary rights.
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This provision requires users to bear the cost of defending Skillshare against third-party claims arising from user conduct or content. The indemnification scope covers attorney's fees and all associated costs, which could create significant financial exposure for users whose content or conduct gives rise to third-party claims.
This clause establishes that users must indemnify and defend Skillshare against claims, including those involving attorney's fees, that arise from the user's content, conduct, or violations of third-party rights such as copyright or privacy. This obligation applies to all users who upload content to the platform.
ConductAtlas has identified this type of provision across 20 platforms. See the full comparison.
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