The agreement requires users to indemnify Substack, its affiliates, officers, agents, employees, and partners against all claims, damages, and expenses including attorneys' fees arising from the user's platform use or terms violations, including actions taken by third parties using the user's account.
This analysis describes what Substack'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 establishes a broad indemnification obligation covering actual and consequential damages as well as attorneys' fees, extending to claims arising from third-party use of the user's account. Under this clause, users bear financial responsibility for defending Substack against third-party claims connected to their account activity even where the specific action was taken by another person using their credentials.
Interpretive note: Enforceability of the indemnification obligation, particularly the consequential damages and attorneys' fees elements and the third-party account use scope, may vary by jurisdiction under applicable consumer contract and unconscionability law.
This provision establishes that users are financially responsible for indemnifying Substack against third-party claims arising from their account use or terms violations, including situations where a third party accessed and used the account. The obligation covers actual and consequential damages plus attorneys' fees, and applies to the fullest extent permitted by applicable law.
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"To the fullest extent allowed by applicable law, you agree to indemnify and hold Substack, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of Substack (including any actions taken by a third party using your account), and (b) your violation of these Terms.Excerpt from Substack's Terms of Use
1) REGULATORY LANDSCAPE: User indemnification clauses in consumer contracts are subject to review under applicable state consumer protection laws, including California's Consumers Legal Remedies Act and unfair business practices statutes.
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This provision establishes a broad indemnification obligation covering actual and consequential damages as well as attorneys' fees, extending to claims arising from third-party use of the user's account. Under this clause, users bear financial responsibility for defending Substack against third-party claims connected to their account activity even where the specific action was taken by another person using their credentials.
This provision establishes that users are financially responsible for indemnifying Substack against third-party claims arising from their account use or terms violations, including situations where a third party accessed and used the account. The obligation covers actual and consequential damages plus attorneys' fees, and applies to the fullest extent permitted by applicable law.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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