This analysis describes what YouTube Ads'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 clause establishes a cost-allocation mechanism that shifts legal defense and damage liability to users for disputes originating from their service use or content. The provision's operational scope covers multiple categories of potential claims and extends beyond the agreement's term, creating an ongoing obligation structure.
Users assume financial and legal responsibility for defending YouTube against third-party claims relating to their account activity, content uploads, or alleged violations of rights or agreement terms, including payment of attorney's fees and related expenses. This obligation applies regardless of whether claims are ultimately determined to be valid.
How other platforms handle this
Any claim that any user submission made by you has caused damage to a third party
Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf...
you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.
"To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless YouTube, its Affiliates, officers, directors, employees and agents, 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 this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.Excerpt from YouTube Ads's YouTube Terms of Service
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This clause establishes a cost-allocation mechanism that shifts legal defense and damage liability to users for disputes originating from their service use or content. The provision's operational scope covers multiple categories of potential claims and extends beyond the agreement's term, creating an ongoing obligation structure.
Users assume financial and legal responsibility for defending YouTube against third-party claims relating to their account activity, content uploads, or alleged violations of rights or agreement terms, including payment of attorney's fees and related expenses. This obligation applies regardless of whether claims are ultimately determined to be valid.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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