Snap Inc. Custom Creative Tools Terms
(If you are located in the United States)
Effective: May 10, 2018
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF THE SNAP INC. TERMS OF SERVICE, YOU AND SNAP INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Please read these Snap Inc. Custom Creative Tools Terms (“Terms”) carefully. These Terms form a legally binding contract between you (or your organization) and Snap Inc. (“Snap”), and govern your order for Snap to run a lens or filter (each, a “Creative Tool”). The products and services described in these terms are “Services” as defined in the Snap Inc. Terms of Service. If you are located in the United States when you submit an order for Snap to run a Creative Tool, or if you are using the Services on behalf of a business with its principal place of business located in the United States, these Terms govern your order. If you are located outside the United States when you submit an order for Snap to run a Creative Tool or are using the Services on behalf of a business with its principal place of business located outside the United States, the Snap Group Limited Custom Creative Tools Terms apply.
Please print a copy of these Terms and keep them for your reference.
1. The Basics
When you submit your order for Snap to run a Creative Tool, you’re asking Snap to let Snapchat users put the Creative Tool on their Snaps. You’ll design the proposed Creative Tool and submit it as an image file for our review. Snap may allow you to edit or replace the image file after submission (the initial image file, and any edits or replacements, are collectively called the “Asset”). We will notify you of any additional charges before you submit your revised or replacement Asset. The version of these Terms posted on the website when you submit an Asset will apply to that submission. You grant Snap and our affiliates a license to use and copy the Asset to distribute the Creative Tool and for other purposes, as described in these Terms. And you may be asked whether you’re buying a personal or business Creative Tool.
These Terms spell out all these steps and include other important provisions, including details about payment, refunds, and cancellations. To submit your order for Snap to run a Creative Tool, you must first accept these Terms, which will be presented to you during the submission process.
You affirm that you are at least 18 years old (or the age of majority where you are located when submitting your order) and are competent and authorized to agree to and abide by these Terms. If you want to submit an order for Snap to run a Creative Tool and are under the age of majority, you must have your parent’s express permission.
If you are using the Services on behalf of a business, you affirm that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business. You agree that the terms “you” and “your,” as used throughout these Terms, apply to both you and the business, as applicable.
As part of the purchase process, you’ll be asked to submit the Asset for our review. You acknowledge and agree that Snap will determine, in our sole discretion, whether the Asset will be made available as a Creative Tool.
4. Orders, Pricing, and Availability
a. Orders. We’ll indicate in the purchase tool the first date when the Creative Tool could start to run.
We may offer you the option to have the Creative Tool run on an automatically renewing basis, with recurring billing as indicated in the purchase tool. If you select this option, the Creative Tool may run until cancelled or you decline to renew the Creative Tool.
b. Pricing. We price Creative Tools in our discretion based on a number of factors, including how long and over how large an area you want the Creative Tool to run. You can see the price adjust as you manipulate the size, location, and run time for the Creative Tool in the purchase tool. We may also offer an option that lets you more generally select a location and time to run a Creative Tool, leaving it to us to define the geographic area, duration, and price. We may change, suspend, or end any service, or modify prices prospectively, in our discretion. You’ll always see the final purchase price before you click to submit your order and enter into a contract with us. For automatically renewing Creative Tool purchases, we will notify you in advance of any price changes that will take effect at the beginning of the next renewal period. To the extent permitted by local law, you are deemed to accept the then-current price if you do not cancel the renewal in accordance with the cancellation policy then in effect. If you do not wish to accept the renewal or the price change, you may cancel prior to the renewal going into effect. Please be sure to carefully read any notifications we send regarding changes to price, these Terms, and any other offers.
c. Availability. Snap does not guarantee Creative Tool availability over all areas. Keep in mind that we may, and likely will, run multiple Creative Tools over any one location. We reserve the right in our discretion to block certain areas without notice. Please refer to Section 8 for information relating to refunds and cancellations.
6. Your Purchase and Payment
a. Payment Methods. Snap accepts a variety of payment methods, as reflected in the purchase tool. Before you can submit your order for Snap to run a Creative Tool, you may be required to provide a valid payment card number and associated information for a payment card that you are authorized to use, including any or all of the following: (i) your name as it appears on the card; (ii) the credit or debit card type; (iii) the card’s expiration date; (iv) any activation numbers or codes needed to charge your card; and (v) the billing address or zip code or postal code associated with the card. You authorize Snap and our payment processor, or your in-app purchasing provider, as applicable, to use information you submit to charge your card or other payment method for the price of the Creative Tool you submitted, in addition to any taxes, fees, and charges as described in these Terms at our convenience, including as early as at the time the order is submitted. In the event the charge does not go through, you may be able to re-submit a payment method before the Creative Tool is scheduled to run.
For automatically renewing Creative Tools, we’ll charge your payment method before the renewal time unless the Creative Tool is cancelled or you decline to renew the Creative Tool.
Your payment will be processed before the Creative Tool runs. If you are paying by payment card, we or our third-party payment processor may run one or more payment card authorization checks on your card before then. You authorize us or our third-party payment processor to store your payment card information and, if needed, to continue billing your card until the Creative Tool run time has expired to avoid interruptions in running the Creative Tool.
If Snap does not receive payment from your payment card or other payment method issuer or their agent, you remain obligated and agree to pay all amounts due upon request from Snap or our agents.
b. Account Codes/Credits. Snap may on occasion provide a code, credit, coupon, or other form of discount in an amount and on terms and restrictions as provided by us.
c. Cost, Fees, and Taxes. Please confirm that all details of your submission are correct before submitting your order. When you submit your order, you agree to pay the cost of the Creative Tool, plus applicable taxes, fees, and charges, and, in the case of automatically renewing Creative Tools, the then-current price at the time of renewal (unless the Creative Tool is cancelled or you decline to renew the Creative Tool). If United States sales and use taxes are owed but not included in the total amount you agree to pay, Snap or your in-app purchasing provider, as applicable, will pay those sales or use taxes and remit them to the appropriate taxing authority. Failure to pay the cost stated may result in termination or suspension of the Creative Tool. We do not provide price protection or refunds in the event of a price drop or promotional offering.
You agree to pay all fees and charges incurred in connection with your submission, at the rates in effect when the fees and charges were incurred. For example, if you purchase with a payment card issued through a bank based outside the United States, your bank may charge you foreign transaction fees and other similar fees.
d. Other Payment Terms. Your payment card issuer agreement governs your use of your designated card, and your in-app purchasing provider’s terms govern your use of in-app purchasing tools. You must refer to your agreements with those third parties, and not these Terms, to determine the rights and liabilities as between you and those third parties.
YOU ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYMENT METHOD BY A THIRD PARTY.
Except for an in-app submission, unless you notify us of any discrepancies within 60 days after they first appear on your payment card or other payment statement, you agree that they will be deemed accepted by you.
9. Delivery of the Creative Tool
If we accept your order we will make the Creative Tool available as requested by you in your submission, unless we cannot do so for reasons outside of our control or for other reasons as described in these Terms. We do not guarantee perfect delivery, and we do not guarantee that any Snapchat users will choose to use the Creative Tool.
After you submit the Asset, Snap may provide you a scannable code (“Snapcode”). Your use of that Snapcode must be in compliance with the Snapchat Brand Guidelines and Snapcode Usage Guidelines. Snapchat users may be given the option to access the Creative Tool by scanning the Snapcode or through other means provided by Snap (each, an “Unlock”). Any Snapchat user may Unlock the Creative Tool. Snap reserves the right to deactivate the Unlock and redirect the Unlock, each at Snap’s sole discretion.
Snap Group Limited Custom Creative Tools Terms
(If you are located outside the United States)
Effective: May 10, 2018
2. Your License to Us
You grant Snap, Snap Inc., and their affiliates a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to communicate to the public, archive, copy, cache, encode, store, reproduce, record, sell, sublicense, distribute, transmit, broadcast, synchronize, adapt, edit, modify, publicly display, publicly perform, publish, republish, promote, exhibit, create derivative works based upon, and otherwise use the Asset on or in connection with the Services and the advertising, marketing, and promotion thereof, in all formats, on or through any means or media now known or hereafter developed, and with any technology or devices now known or hereafter developed. This license includes the right for Snap, Snap Inc., and their affiliates to make the Asset available to Snapchat users, for sharing among Snapchat users, and for saving to their devices. The license to make the Asset available to Snapchat users as a Creative Tool within the Services extends 90 days following the date when the Creative Tool run time on the Services ends, in order to allow us to deliver unopened Snaps that include the Creative Tool. For Personal Custom Creative Tools, this license extends so long as the Creative Tool is available in Memories. The license continues for the limited purposes of advertising, marketing, and promoting the Services.
You acknowledge and agree that Snapchat users may be able to save, share, and view Snaps incorporating the Creative Tool during and beyond the Creative Tool’s run time. You acknowledge that Snapchat users may use the Asset for purposes or in ways other than you anticipated. You agree that such uses constitute user-generated content for which neither Snap, Snap Inc., nor their affiliates bear any responsibility. You agree that neither Snap, Snap Inc., nor their affiliates are liable for any claims or losses based on or arising from any user-generated content, including user-generated content that makes use of the Asset, whether within the Services or beyond.
If you incorporate your or any third party’s name, logo, trademark, likeness, image, visual work, music, sound effect, or other materials (collectively, “Additional Elements”) into the Asset, you agree that this license includes all Additional Elements.
You acknowledge and agree that Snap, Snap Inc., and their affiliates own all rights in the Creative Tool products and in any additional tools we may make available to you to create your Asset (such as templates or Bitmojis).
You agree that neither Snap, Snap Inc., nor their affiliates are under any obligation to pay you or any third party any consideration or compensation for the Asset or any use of the Asset. To the extent permissible under law, you irrevocably waive—or agree not to assert against Snap, Snap Inc., and their affiliates to the extent a waiver is not permitted—any moral rights or equivalent rights you may have in the Asset throughout the world. You agree that Snap may in our discretion resize, set the transparency of, and make other alterations to the Asset.
If Snap makes the Asset available on the Services, you acknowledge and agree that Snap has the right (but no obligation) to publicly attribute the Asset to you, including by posting your name and city, state, and country, as submitted by you or as tied to your Snapchat account.
If you use the Creative Tool or any part of the Services as part of a sweepstakes, contest, offer, or other promotion (each, a “Promotion”), you are solely responsible for complying with all laws wherever your Promotion is offered, as well as with our Promotions Rules. Unless we expressly agree otherwise in writing, Snap will not be a sponsor or an administrator of your Promotion.