Bitmoji for Partners Terms

May bisa: Mayo 18, 2021

3. Bitmoji Integrations

a. You may not launch or integrate a Bitmoji Integration on or as part of your Application: (i) on any distribution platforms or channels (“Platforms”) not expressly authorized by Snap; or (ii) without Snap’s prior written approval of the final UI/UX.  Any subsequent material changes to the UI/UX or requests to vary the Platforms on which the Bitmoji Integration may be launched must be approved by Snap prior to launch.

b. You will ensure that you will use the Bitmoji IP in connection with each Bitmoji Integration in accordance with all documentation and specifications provided or made available by Snap from time to time and solely for the following purposes: (i) to design, develop, integrate, implement, test, operate, maintain, and support Bitmoji in your Application for distribution on approved Platforms; (ii) to allow end users of your Application to create or import their Bitmoji avatar for use within your Application; and (iii) to allow your authorized developers to do the foregoing, provided that you will (x) ensure that each authorized developer complies with these Bitmoji for Partners Terms; and (y) be liable for any breach of these Bitmoji for Partners Terms by an authorized developer.

c. You and your Application must: (i) only use the Bitmoji identity assets, including Bitmoji avatars, as provided by Snap. Any other usage of Bitmoji identity assets requires Snap’s prior written approval; (ii) not modify, customize or create derivative works of (or allow users to do the same) any Bitmoji avatars or Bitmoji IP including Bitmoji expressions, outfits, costumes, and accessories without our prior written approval (with any such customizations, modifications and derivative works deemed Bitmoji IP and Snap will own, and you agree to assign, all intellectual property in the same); (iii) not monetize Bitmoji IP or Bitmoji identity assets without our prior written approval.  For example, your Application cannot charge users to get access to Bitmoji avatars, expressions, outfits, costumes, or accessories; (iv) not feature or promote sexually explicit content or put Bitmoji avatars in lewd, offensive, or crude situations; (v) not allow, promote or tolerate harassment or bullying; (vi) not feature excessive violence, blood, and/or gore; (vii) not allow, promote or tolerate hate speech or discrimination of any kind; (viii) not include, promote or link out to content connected to pornography or illegal activities/marketplaces; and (viii) if applicable, be rated at least one of the following: ESRB Teen, App Store 12+, PEGI 12, USK 12, ACB PG and/or ClassInd 14. 

d. Upon termination or expiration of these Bitmoji for Partners Terms, you will cease all use of the Bitmoji for Partner Program (including any use of Bitmoji within your Application) and all licenses to you set out in these Bitmoji for Partners Terms will automatically expire following which you will permanently discontinue all use of the Bitmoji IP to the satisfaction of Snap.

4. Representations and Warranties

You represent and warrant that: (a) neither you nor anyone acting on your behalf will collect, process or use any Personal Data via the Bitmoji for Partners Program about any user relating to their use of the Services except solely to comply with Applicable Law (for the avoidance of doubt, the foregoing does not apply to any Personal Data you independently collect via the Application); (b) you will not, and will not authorize or encourage any third party to, take any actions with respect to the Bitmoji for Partners Program through any automated, deceptive, fraudulent, artificial, or otherwise invalid means; (c) your Application will comply with Section 3.d and will not infringe on the rights, including intellectual property rights, of a third party, or contain material that is libelous, defamatory,  or that violates or encourages conduct that would violate Applicable Law; and (d) you have paid, and will pay, all amounts that are or become payable to any unions, guilds (including residuals and reuse fees), suppliers, musicians, composers (including sync license fees), public performance societies (e.g., ASCAP, BMI, SACEM, and SESAC), actors, employees, independent contractors, service providers, and any other rights-holders in connection with the distribution the Application pursuant to these Bitmoji for Partners Terms.

5. Publicity and Promotions

You must not do any of the following without Snap’s prior review and prior written approval: (a) include any Bitmoji IP in any public statement (including for the purposes of promoting your Application, products or services); or (b) conduct a sweepstake, contest, or other promotion using Bitmoji IP or in connection with the Services or any Snap or Bitmoji product or services.  All such use must comply with Snap’s Promotion Rules

6. Entire Agreement

These Bitmoji for Partners Terms set forth the entire understanding and agreement between you and Snap with respect to the Bitmoji for Partner Program and any Bitmoji Integration, and supersede all other agreements between you and Snap regarding your use of the Bitmoji for Partners Program.  In addition, you agree that in no event will any (a) click to accept, click through, subscription or license agreements; (b) terms of use, user agreement or terms of service; or (c) any other similar or analogous legal agreements, that may be referenced or presented by you or a third party (including on your Application) will apply to or govern the Bitmoji for Partners Program or any Bitmoji Integration.