- e.Indemnification; Liability. To the extent not prohibited by law, Organization agrees to indemnify and hold harmless EAB and its affiliates from and against any third party claim to the extent arising from a breach of the General Posting and Acceptable Use Terms and Conditions.
- f.Video Player. To the extent the Services include posting video content to an embedded video player, Organization (i) acknowledges that such content will be accessed by EAB through such video player, and (ii) Organization acknowledges and agrees that any such video content will be subject to separate terms of use of the operator of the video player.
- g.EAB Capture of Media. To the extent that Organization requests that EAB capture or create any media including any photographs, 360 degree panoramas, videos or audio, Organization agrees that EAB has Organization's permission to enter Organization's premises and that Organization will be responsible for obtaining any permissions that may be required of any individuals appearing in such media and for clearance of any other intellectual property rights of a third party in such media. EAB and Organization shall coordinate in advance the dates at which EAB representatives will be on Organization's property to capture or create any such media. EAB will not make any virtual experience specific to Organization publicly available without prior consent of Organization.
- h.Improvements to Platform. EAB may update and enhance the Platform at any time and Organization agrees that, so long as such changes are not contrary to, or less than, any of the rights that it is entitled to receive under the products or services purchased as set forth in any Order Form, EAB may make any such changes to the Platform in its sole discretion.
- i.Cappex Inquiries and Cappex Candidates. Subject to the execution of an applicable Order Form, EAB may license to Organization lead information concerning individuals who meet the criteria specified in the applicable Order Form ("Cappex Inquiries" or "Cappex Candidates", as applicable) solely in connection with and for the purpose of outreach and recruitment services related to Organization's academic programs and offerings as may be further described in the Order Form, and in compliance with applicable law (the "Purpose"). Organization may not, directly or indirectly, rent, license, sell, or otherwise transfer Cappex Inquiries or Cappex Candidates provided by EAB to other third-party advertisers or lead aggregators, provided however, that Organization may share Cappex Inquiries information with its operational service providers who are engaged to assist Organization in carrying out the Purpose.
- j.Survival. Sections (b) through (h) of this Supplement, and any provision of the Agreement that by its nature should survive, shall survive the expiration or termination of the Agreement.
To the extent that the Services include the Panoramic Accelerated Capture Kit that enables Organization to self-capture 360 video and 360 photos (the “PACK”), Organization is solely responsible for any Damages (as defined below) to the PACK. “Damages” means losses, damages, liabilities, claims, costs, or expenses of any kind.