If you live in the United States, you are agreeing to the Snap Inc. Lens Studio Terms found here.

If you live outside the United States, you are agreeing to the Snap Group Limited Lens Studio Terms found here.

Snap Inc. Lens Studio Terms

生效日期: 2018年10月26日

PLEASE NOTE: THESE TERMS INCLUDE 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.

Introduction

Please read these Snap Inc. Lens Studio Terms (“Terms”) carefully. These Terms form a legally binding contract between you (or your organization) and Snap Inc. (“Snap”), and govern your submission of a Lens (“Lens”), Lens icon, and related components (collectively, the materials you submit are the “Assets”) via Lens Studio. The products and services described in these Terms are “Services” as defined in the Snap Inc. Terms of Service. If you live in the United States 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 submission. If you live outside the United States 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 Lens Studio Terms apply.

Please print a copy of these Terms and keep them for your reference. To submit Assets, you will need to agree to the Snap Inc. Lens Studio License Agreement, which will be presented to you when you download or otherwise access the Lens Studio software (“Lens Software”). If you don’t agree with these Terms, then don’t download or access the Lens Software and don’t submit Assets. To submit Assets, you may need to log in with your Snapchat account.

These Terms incorporate by reference the Snap Inc. Terms of ServiceCommunity GuidelinesSnapchat Brand GuidelinesSnapcode Usage Guidelines, and Lens Studio Submission Guidelines, so please read each of them carefully. Among other things, this means that your submission of Assets is subject to the disclaimers and limitations of liability in the Snap Inc. Terms of Service. Please also review our Privacy Policy to learn how we handle information when you use the Services. You agree that we can collect, use, and share your information as described in that policy and any updates to that policy. To the extent these Terms conflict with the Snap Inc. Terms of ServiceCommunity GuidelinesSnapchat Brand GuidelinesSnapcode Usage Guidelines, or Lens Studio Submission Guidelines, these Terms will govern.

You affirm that you are at least 18 years old (or the age of majority where you live) and are competent and authorized to agree to and abide by these Terms. If you want to submit Assets and are under the age of majority, you must have your parents’ express permission.

You agree that the terms “you” and “your,” as used throughout these Terms, apply to both you and the business, as applicable.

1. Your License to Us

You grant to Snap and our affiliates a non-exclusive, unrestricted, unconditional, unlimited, transferable, sublicensable, irrevocable, royalty-free, worldwide license to 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 Assets 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 and our affiliates to make the Assets available to users of Snapchat and third party services, for sharing by those users, and for saving to their devices. The license to make the Assets available within the Services extends for 90 days following the date when the Lens run time on the Services ends, in order to allow us to deliver Snaps that include the Lens. The license extends perpetually for the limited purposes of advertising, marketing, and promoting the Services, and for Memories on Snapchat.

If you incorporate your or any third party’s name, trademark, likeness, image, visual work, musical composition, lyrics, sound effect, sound recording, choreographic work, or other materials (collectively, “Additional Elements”) into the Assets, you agree that this license applies to all Additional Elements.

You acknowledge that third-parties may use the Assets for purposes or in ways other than you anticipated. You agree that such uses constitute user-generated content for which neither Snap nor our affiliates bear any responsibility. You agree that neither Snap nor our affiliates are liable for any claims or losses based on or arising from any user-generated content, including content that makes use of the Assets, whether within the Services or beyond.

You acknowledge and agree that Snap and our affiliates own all rights in the Lens product, including the Lens Studio and Lens Software, and any other creative tools we may make available to you to create the Assets (such as templates or Bitmoji).

You agree that neither Snap nor our affiliates are under any obligation to pay you or any third party any consideration or compensation for the Assets or any use of the Assets. To the extent permissible by law, you irrevocably waive—or agree not to assert against Snap or our affiliates to the extent a waiver is not permitted—any moral rights or equivalent rights you may have in the Assets throughout the world.

You acknowledge and agree that Snap has the right (but no obligation) to publicly attribute the Assets to you, including by posting your name, business name (if applicable), Lens name, Snapchat account username or display name, city, state, and country, as submitted by you or as tied to your Snapchat account.

3. Communications from Us

We may send you electronic notifications about your submission, about the Lens product, or about our other products or services, using the contact information submitted by you, or tied to your Snapchat account, as applicable. By submitting Assets you consent to receive from Snap and our affiliates the electronic communications described in these Terms.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Delivery of the Lens

Assets must comply with the technical requirements made available by Snap. We do not guarantee delivery of the Lens and we do not guarantee that anyone will choose to use the Lens.

After you submit Assets, Snap may provide you a scannable code (“Snapcode”). Your use of that Snapcode must comply with the Snapchat Brand Guidelines and Snapcode Usage Guidelines.

Snapchat users will be given the option to access the Lens by scanning the Snapcode or through other means provided by Snap (each, an “unlock”). Any Snapchat user may unlock the Lens.

Snap reserves the right to deactivate the unlock and redirect the unlock, each at Snap’s sole discretion. Snap reserves the right to reject or cancel a Lens at any time, including after issuing a Snapcode, because you or the Lens violate our terms or guidelines, or for any other reason in its sole discretion.

Snap may provide you with the option to attach a call to action to the Lens that includes a swipe-up to a webview, your store on the Snap Merchant Services, or other content. Any call to action will form part of the Assets.

Snap may, in its sole discretion, choose to share information with you about use of the Lens. Unless we grant you express permission in writing, you may not use that information for commercial purposes.

5. Promotions

If you use the Lens 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 applicable laws, rules, and regulations wherever your Promotion is offered, as well as with our Promotions Rules. Unless we expressly agree otherwise in writing, neither Snap nor our affiliates will be a sponsor or an administrator of your Promotion.

6. Your Representations and Warranties

In addition to your representations and warranties under the Snap Inc. Terms of Service, you represent and warrant that (a) you have all rights and any necessary consents to license the Assets and any Additional Elements incorporated into the Assets, and to grant any waivers in connection with the Assets and any Additional Elements incorporated into the Assets, to Snap and our affiliates; (b) the Assets do not violate these Terms, our Community Guidelines, or Lens Studio Submission Guidelines; (c) the Assets do not, and its use in connection with the Services will not, violate, misappropriate, or infringe any patent, copyright (including music copyright rights, such as master, synchronization, or public performance rights), trademark, privacy, or publicity rights, or any other rights of any person or entity; (d) you have not assigned, licensed, or otherwise encumbered the Assets to any other person or entity; (e) for any music that you incorporate as an Additional Element, you have paid, and will pay, all amounts, if any, that have become or may become payable to any and all record labels, music publishers, public performance organizations (e.g., ASCAP, BMI, SESAC, SACEM), musicians, composers, and other rights-holders as a result of such music being exploited pursuant to these Terms; (f) the Assets comply with all laws, rules, and regulations, and are suitable for audiences ages 13 and up; (g) the Assets do not, and will not, defame, bully, cause injury or harm to, or inflict emotional distress on, any third party; and (h) any and all information you have provided to Snap in connection with the Assets and your submission is accurate and correct. In the event Snap makes the Assets available on the Services, this will not diminish or waive your representations and warranties contained in these Terms.

You further represent and warrant that (a) neither you, nor, if you are a business, any affiliated company, are included on any of the restricted party lists maintained by the U.S. Government -- including the Specially Designated Nationals List and Foreign Sanctions Evaders List administered by the U.S. Department of Treasury’s Office of Foreign Asset Control (“OFAC”) and the Denied Parties List, Unverified List, and Entity List maintained by the U.S. Department of Commerce’s Bureau of Industry and Security -- or by any government authority in the countries where you operate; (b) if you are a business, you are not owned or controlled by such a restricted party; and (c) you are not resident in, located in, or organized under the laws of any country with which trade is prohibited by OFAC or other applicable sanctions.

If you are submitting Assets on behalf of a business, you further represent and warrant that you are an authorized representative of the business with the authority to bind the business to these Terms and agree on behalf of the business to be bound by these Terms.

7. Your Indemnification to Us

In addition to your indemnification obligations under the Snap Inc. Terms of Service, you agree, to the extent permitted by law, to indemnify, defend, and hold harmless Snap, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) Snap’s use and any third party’s use of the Assets, including the Additional Elements, if any, in connection with the Services; (b) your use of the Services and your activities in connection with the Services; (c) your violation or alleged violation of any laws, rules, and regulations in connection with your use of the Services or your activities in connection with the Services; (d) any claim that the Assets infringe, violate, or misappropriate any copyright, trademark, trade secret, design right, trade dress, patent, publicity, privacy, or other right of any person or entity; (e) your use of products or services provided by a third party in connection with the Services, even if recommended or approved by Snap; (f) any fraud or misrepresentation by you; or (g) any violation or alleged violation of these Terms by you, including any actual or alleged breach of your representations, warranties, or obligations.

8. No Agency Relationship

You acknowledge that nothing in these Terms will be construed to imply a joint venture, principal-agent, or employment relationship between you and Snap or our affiliates.

9. Governing Law and Disputes Between You and Snap

These Terms are governed by the Choice of Law provision and Exclusive Venue provision of the Snap Inc. Terms of Service.

ARBITRATION NOTIFICATION: EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF THE SNAP INC. TERMS OF SERVICE, YOU AND SNAP AGREE THAT CLAIMS AND DISPUTES, INCLUDING STATUTORY CLAIMS AND DISPUTES, ARISING BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION PURSUANT TO THE ARBITRATION PROCEDURES SET FORTH IN THE ARBITRATION PROVISION OF THE SNAP INC. TERMS OF SERVICE, AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

If you have submitted Assets on behalf of a business, the Arbitration provision of the Snap Inc. Terms of Service will apply, except that the AAA Commercial Arbitration Rules will govern the arbitration instead of the AAA Consumer Arbitration Rules.

10. Changes to These Terms

From time to time, we may revise these Terms. You can determine when these Terms were last revised by referring to the “Effective” date at the top. Any changes to these Terms will become effective when we post the updated Terms on our website, and will apply to any Assets you submit after that time. By submitting Assets after these Terms have been updated you will be deemed to have agreed to the updated Terms. If at any time you don’t agree to any portion of these Terms, don’t submit Assets.

11. Final Terms

These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). As used in these Terms, “including” means “including without limitation.” Snap may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of Snap. These Terms were written in English, and to the extent a translated version of these Terms conflicts with the English version, the English version will control.

12. Contact Us

Snap welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting support.snapchat.com. You can also reach out to us with any complaints or feedback at the following points of contact:

Mailing address: 3000 31st Street, Santa Monica, California 90405, U.S.A.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

Snap Group Limited Lens Studio Terms

1. Your License to Us

You grant to Snap, Snap Inc., and our affiliates a non-exclusive, unrestricted, unconditional, unlimited, transferable, sublicensable, irrevocable, 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 Assets 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 our affiliates to make the Assets available to users of Snapchat and third party services, for sharing by those users, and for saving to their devices. The license to make the Assets available within the Services extends for 90 days following the date when the Lens run time on the Services ends, in order to allow us to deliver Snaps that include the Lens. The license continues for the limited purposes of advertising, marketing, and promoting the Services, and for Memories on Snapchat.

If you incorporate your or any third party’s name, trademark, likeness, image, visual work, musical composition, lyrics, sound effect, sound recording, choreographic work, or other materials (collectively, “Additional Elements”) into the Assets, you agree that this license applies to all Additional Elements.

You acknowledge that third-parties may use the Assets 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 our affiliates bear any responsibility. You agree that neither Snap, Snap Inc., nor our affiliates are liable for any claims or losses based on or arising from any user-generated content, including content that makes use of the Assets, whether within the Services or beyond.

You acknowledge and agree that Snap, Snap Inc., and our affiliates own all rights in the Lens product, including the Lens Studio and Lens Software, and any other creative tools we may make available to you to create the Assets (such as templates or Bitmoji).

You agree that neither Snap, Snap Inc., nor our affiliates are under any obligation to pay you or any third party any consideration or compensation for the Assets or any use of the Assets. To the extent permissible by law, you irrevocably waive—or agree not to assert against Snap, Snap Inc., or our affiliates to the extent a waiver is not permitted—any moral rights or equivalent rights you may have in the Assets throughout the world.

You acknowledge and agree that Snap has the right (but no obligation) to publicly attribute the Assets to you, including by posting your name, business name (if applicable), Lens name, Snapchat account username or display name, city, state, and country, as submitted by you or as tied to your Snapchat account.

3. Communications from Us

We may send you electronic notifications about your submission, about the Lens product, or about our other products or services, using the contact information submitted by you, or tied to your Snapchat account, as applicable. By submitting Assets you consent to receive from Snap, Snap Inc., and our affiliates the electronic communications described in these Terms.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Delivery of the Lens

Assets must comply with the technical requirements made available by Snap. We do not guarantee delivery of the Lens and we do not guarantee that anyone will choose to use the Lens.

After you submit Assets, Snap may provide you a scannable code (“Snapcode”). Your use of that Snapcode must comply with the Snapchat Brand Guidelines and Snapcode Usage Guidelines.

Snapchat users will be given the option to access the Lens by scanning the Snapcode or through other means provided by Snap (each, an “unlock”). Any Snapchat user may unlock the Lens.

Snap reserves the right to deactivate the unlock and redirect the unlock, each at Snap’s sole discretion. Snap reserves the right to reject or cancel a Lens at any time, including after issuing a Snapcode, because you or the Lens violate our terms or guidelines, or for any other reason in its sole discretion.

Snap may provide you with the option to attach a call to action to the Lens that includes a swipe-up to a webview, your store on the Snap Merchant Services, or other content. Any call to action will form part of the Assets.

Snap may, in its sole discretion, choose to share information with you about use of the Lens. Unless we grant you express permission in writing, you may not use that information for commercial purposes.

5. Promotions

If you use the Lens 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 applicable laws, rules, and regulations wherever your Promotion is offered, as well as with our Promotions Rules. Unless we expressly agree otherwise in writing, neither Snap, Snap Inc., nor our affiliates will be a sponsor or an administrator of your Promotion.

6. Your Representations and Warranties

In addition to your representations and warranties under the Snap Group Limited Terms of Service, you represent and warrant that (a) you have all rights and any necessary consents to license the Assets and any Additional Elements incorporated into the Assets, and to grant any waivers in connection with the Assets and any Additional Elements incorporated into the Assets, to Snap, Snap Inc., and our affiliates; (b) the Assets do not violate these Terms, our Community Guidelines, or Lens Studio Submission Guidelines; (c) the Assets do not, and its use in connection with the Services will not, violate, misappropriate, or infringe any patent, copyright (including music copyright rights, such as master, synchronization, or public performance rights), trademark, privacy, or publicity rights, or any other rights of any person or entity; (d) you have not assigned, licensed, or otherwise encumbered the Assets to any other person or entity; (e) for any music that you incorporate as an Additional Element, you have paid, and will pay, all amounts, if any, that have become or may become payable to any and all record labels, music publishers, public performance organizations (e.g., ASCAP, BMI, SESAC, SACEM), musicians, composers, and other rights-holders as a result of such music being exploited pursuant to these Terms; (f) the Assets comply with all laws, rules, and regulations, and are suitable for audiences aged 13 and up; (g) the Assets do not, and will not, defame, bully, cause injury or harm to, or inflict emotional distress on, any third party; and (h) any and all information you have provided to Snap in connection with the Assets and your submission is accurate and correct. In the event Snap makes the Assets available on the Services, this will not diminish or waive your representations and warranties contained in these Terms.

You further represent and warrant that neither you, nor, if you are a business, any affiliated company, are included on any restricted party list maintained by the United States, European Union, United Kingdom, or other relevant government authority -- for example, the U.S. Specially Designated Nationals List, Foreign Sanctions Evaders List, Denied Parties List, Unverified List, and Entity List, and the UK and EU consolidated lists of persons and entities subject to financial sanctions targets; that you (if you are a business) are not owned or controlled by such a restricted party; and that you are not resident, located in, or organized under the laws of any country with which trade is prohibited by the sanctions described above.

If you are submitting Assets on behalf of a business, you further represent and warrant that you are an authorised representative of the business with the authority to bind the business to these Terms and agree on behalf of the business to be bound by these Terms.

7. Your Indemnification to Us

In addition to your indemnification obligations under the Snap Group Limited Terms of Service, you agree, to the extent permitted by law, to indemnify, defend, and hold harmless Snap, Snap Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) Snap’s use and any third party’s use of the Assets, including the Additional Elements, if any, in connection with the Services; (b) your use of the Services and your activities in connection with the Services; (c) your violation or alleged violation of any laws, rules, and regulations in connection with your use of the Services or your activities in connection with the Services; (d) any claim that the Assets infringe, violate, or misappropriate any copyright, trademark, trade secret, design right, trade dress, patent, publicity, privacy, or other right of any person or entity; (e) your use of products or services provided by a third party in connection with the Services, even if recommended or approved by Snap; (f) any fraud or misrepresentation by you; or (g) any violation or alleged violation of these Terms by you, including any actual or alleged breach of your representations, warranties, or obligations.

8. No Agency Relationship

You acknowledge that nothing in these Terms will be construed to imply a joint venture, principal-agent, or employment relationship between you and Snap, Snap Inc., or our affiliates.

9. Governing Law and Disputes Between You and Snap

These Terms are governed by the Choice of Law provision of the Snap Group Limited Terms of Service and by the Dispute Resolution provision of the Snap Group Limited Terms of Service.

If you are an individual consumer (not business) living in the European Union: for details regarding dispute resolution, please follow this link to the EU Commission’s Online Dispute Resolution Platform.

The Arbitration provision of the Snap Group Limited Terms of Service applies if you are using the Services on behalf of a business.

10. Changes to These Terms

From time to time, we may revise these Terms. You can determine when these Terms were last revised by referring to the “Effective” date at the top. Any changes to these Terms will become effective when we post the updated Terms on our website, and will apply to any Assets you submit after that time. By submitting Assets after these Terms have been updated you will be deemed to have agreed to the updated Terms. If at any time you don’t agree to any portion of these Terms, don’t submit Assets.

12. Contact Us

Snap welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting support.snapchat.com. The company responsible for the Services outside the United States is called Snap Group Limited a company registered in England and located at 7-11 Lexington Street, London W1F 9AF, United Kingdom, with company number 09763672.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

11. Final Terms

If you are an individual consumer (not a business), nothing in these Terms will affect your legal rights and remedies under mandatory consumer laws of your country. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). As used in these Terms, “including” means “including without limitation.” Snap may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of Snap. These Terms were written in English, and to the extent a translated version of these Terms conflicts with the English version, the English version will control.