By uploading any content to this portal, including, without limitation, any box art or equivalent packaging or artwork representing your goods or services (“Portal Content”), you hereby agree that such Portal Content is “Broadcaster Content” as such term is defined in the Twitch terms of service (“TOS”) and that you are a “Broadcaster” as such term is defined in the TOS. All terms and conditions that apply to Broadcaster Content in the TOS apply to the Portal Content. All terms and conditions that apply to Broadcaster apply to you.
You hereby release and agree to defend, hold harmless, and indemnify Twitch, and/or its subsidiaries, affiliates, directors, officers, employees, agents, successors and assigns ( “Twitch Indemnified Parties” ), from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense and any other liability (including but not limited to reasonable attorneys’ fees) (collectively, “Claims” ), arising from or related to: (a) any act or omission by you or your personnel, including, without limitation any breach of the TOS or allegation or claim of negligence, strict liability, willful misconduct or fraud by you or your personnel; or (b) any Claim that (i) the Portal Content or (ii) any content (including without limitation videos, music or broadcasts) from a game that is depicted in the Portal Content, misappropriates or infringes any third party’s copyrights, patents, trade secrets, trademarks or other proprietary rights. However, the foregoing does not apply to the extent such Claim results from Twitch’s gross negligence or willful misconduct. Your duty to defend is independent of your duty to indemnify.