(a) Infringements

i. The Platform and Content Provider shall defend, indemnify and hold Hotpopcorns harmless from and against any and all damage, cost and expenses incurred as a result of any claim, suit or proceeding brought against Hotpopcorns based on the allegation that the use of the Content / Game(s) created by Platform and Content Provider and provided to Hotpopcorns under this Agreement in accordance with the terms of this Agreement constitutes an infringement of any intellectual property rights of any third party.

ii. The Platform and Content Provider hereby indemnifies holds harmless and undertakes to defend Hotpopcorns and its Affiliates and their respective employees, officers and directors against all claims in respect of the intellectual property rights in the Content.

iii. The Platform and Content Provider shall fully indemnify Hotpopcorns against any infringement or violation of intellectual property rights of any third party including but not limited to any patent, registered design, copyright, trademark, trade name, trade secret or any other existing industrial property right s of any kind and of any person, private right, or any other proprietary or personal interest related to the Content.

iv. The Platform and Content Provider shall indemnify Hotpopcorns for any claim on account of an alleged breach of confidentiality and security of data occurring as a result of acts of omission or commission of Platform and Content Provider including its employees and subcontractors.

v. The Platform and Content Provider shall indemnify Hotpopcorns for any claim on account of misconduct/ negligence or wrongful acts of omission and commission of employees of the Platform and Content Provider and/or its subcontractors.

vi. The Platform and Content Provider shall indemnify Hotpopcorns for any damage to Hotpopcorns on account of any misrepresentation or breach of warranty by Content Provider.

vii. The Platform and Content Provider further indemnifies Hotpopcorns and holds harmless and undertakes to defend Hotpopcorns and its Affiliates and their respective employees, officers and directors against all third Party “Claims” with regard to:

a) taxes (and interest or penalties assessed thereon) against Hotpopcorns that are obligations of Platform and Content Provider pursuant to this Agreement;

b) claims by government regulators or agencies for fines, penalties, sanctions or other remedies arising from or in connection with Platform and Content Provider’s failure to comply with its regulatory requirements;

c) any claim or action by, on behalf of Platform and Content Provider’s personnel based on his or her employment with Platform and Content Provider, including claims arising under occupational health and safety, worker’s compensation, provident fund or other applicable laws or regulations.

viii. The Platform and Content Provider hereby agrees to indemnify and hold harmless Hotpopcorns from and against any and all losses, liabilities, and expenses (including legal costs and expenses) arising from as a result of any breach of the Rights as contained in this Agreement.

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