To the maximum extent permitted by law, you are liable for and must indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all liability, loss, damages, costs or third party claims (including, but not limited to, legal fees on an indemnity basis), however caused, in connection with:

  1. your use of the App or the Services;

  2. any user content submitted by you or on your behalf;

  3. any breach of these Terms of Use by you;

  4. any alleged or actual infringement of a third party’s intellectual property rights or other right in connection with your use of the App or the Services; or

  5. any unlawful or negligent act of you or anyone acting on your behalf.

Each indemnity contained in these Terms of Use is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing, and it is not necessary for the Company to incur expense or make payment before enforcing or making a claim under an indemnity.

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