Indemnification and Hold Harmless Agreement
You expressly agree and understand that Acushla Local Art, LLC (“Acushla”) is allowing You to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions“) on or through its website, acushlala.com (the “Website”).
You expressly agree and acknowledge that all User Contributions must comply with the standards set forth in the Terms of Use on the Website as well as the Artist Agreement entered into with Acushla. Any User Contribution You post to the Website will be considered non-confidential and non-proprietary. By signing this Indemnification and Hold Harmless Agreement, You hereby consent to the use, reproduction, modification, performance, display, distribution, and disclosure of any User Contributions by Acushla, its affiliates, its service providers, including, without limitation, any licensees, successors, and assigns, for any purpose deemed by Acushla, in its sole discretion, to be consistent with the Terms of Use and your account settings.
By signing this Indemnification and Hold Harmless Agreement, You represent and warrant that You own or control all rights in and to the User Contributions and have the authority and right to enter the covenants and to perform the obligations described herein. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Acushla, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You expressly warrant that any User Contributions submitted or contributed by You are in compliance with federal intellectual property law.
Acushla is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. You expressly understand and agree that Acushla will not be liable for any damages resulting from: (a) the use or inability to use the Website, (b) the cost of any goods and/or services purchased or obtained through use of the Website, (c) disclosure of, unauthorized access to or alteration of User Contributions, and (d) conduct of any service provider or third party user through the Website. These limitations shall apply to the fullest extent permitted by law.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ACUSHLA, ITS OFFICERS, MANAGERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, DESIGNEES, SUCCESSORS, AND ASSIGNS from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) ANY CLAIM BY A THIRD PARTY BASED UPON YOUR USE OF THE WEBSITE and/or your user contributions (B), any violation of this Agreement, AND ANY OTHER AGREEMENT, bETWEEN you AND ACUSHLA; (c) ANY inaccurate or untruthful Content or other information, INCLUDING BUT NOT LIMITED TO YOUR USER CONTRIBUTIONS, provided by you to ACUSHLA or that you submit, transmit or otherwise make available through the WEBSITE; or (d) any intentional or willful violation of any rights of another or harm you may have caused to another. ACUSHLA will have sole control of the defense of any such damage or claim.
All matters relating to the Website, Acushla’s Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the domestic laws of the State of Louisiana without giving effect to any choice or conflict of law provision or rule. You agree that the proper venue for any suit arising out of these Terms and Conditions and/or your use of this Website is Orleans Parish, Louisiana. You consent to the Civil District Court for the Parish of Orleans or the United States District Court for the Eastern District of Louisiana for any such litigation with the Company.
√ I have read and agree to the terms set forth above.
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