This analysis describes what Squarespace'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
It establishes that Squarespace cannot fully disclaim liability for its agents' DPF violations; the burden of disproving responsibility falls on Squarespace.
If a Squarespace third-party agent violates DPF Principles and causes you damage, Squarespace is liable unless it can prove it was not responsible for the event that caused the harm.
How other platforms handle this
Indemnifying Party will not settle any Claim for which it has an obligation to indemnify under this Section 6 admitting liability or fault on behalf of Indemnified Party, nor create any obligation on behalf of Indemnified Party without Indemnified Party's prior written consent...
The indemnified party must tender sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense...
no settlement may be entered into by an indemnifying party, without the express written consent of the indemnified parties...if (i) the third party asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions...
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"we remain liable if they do so in a manner inconsistent with the DPF Principles, unless we prove that we are not responsible for the event giving rise to the damage.— Excerpt from Squarespace's Squarespace Privacy Policy
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It establishes that Squarespace cannot fully disclaim liability for its agents' DPF violations; the burden of disproving responsibility falls on Squarespace.
If a Squarespace third-party agent violates DPF Principles and causes you damage, Squarespace is liable unless it can prove it was not responsible for the event that caused the harm.
ConductAtlas has identified this type of provision across 230 platforms. See the full comparison.
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