ARBITRATION NOTICE: IF YOU ARE AN ADVERTISER, YOU ARE BOUND BY THE ARBITRATION PROVISION SET FORTH IN THE BUSINESS SERVICES TERMS. IF YOU ARE CONTRACTING WITH SNAP INC., THEN YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

These Organic Discovery Terms govern your use of Snap's Organic Discovery feature via the Services. These Organic Discovery Terms are incorporated into the Snap Terms of Service. Some terms used in these Organic Discovery Terms are defined in the Snap Terms of Service. If you are using Organic Discovery as an advertiser, Organic Discovery is a “Business Service” as defined in and governed by the Business Services Terms.

1. Organic Discovery

Organic Discovery allows eligible content creators to make their Public Content available via the Services for advertisers to find and use that content as advertising on the Services (“Creator Sourced Content”).

2. Creator Sourced Content

a. You agree that the license terms set forth in this Section govern the licensing of Creator Sourced Content between you and the advertiser or creator (as applicable) via Organic Discovery to run that content as advertising via the Services (“Organic Discovery License”), unless you and they have separately entered into an agreement directly governing the same subject matter. If you are a creator, once you agree to an advertiser’s request to use your Creator Sourced Content via Organic Discovery, you grant to that advertiser a limited, irrevocable, royalty-free, non-transferable, non-sublicensable, non-exclusive license to use, reproduce, exhibit, distribute, perform, display, and otherwise exploit such Creator Sourced Content without alteration, inclusive of any and all logos, trademarks, service marks, audio, music, images, photographs, video, and other audiovisual content, people, names, characters and any other materials (as well as your Snapchat handle, name and likeness) contained therein in the advertiser’s ads that it runs on the Services. This license will extend until the applicable Creator Sourced Content is removed from the advertiser’s Ads Manager account in accordance with Snap’s applicable content retention policies and Services settings. 

b. You agree that: (i) you will comply with any License Terms that you enter into with the applicable advertiser or creator, those License Terms form a separate, binding two-party agreement between you, and Snap shall not be a party to any such agreement (including where you use the Organic Discovery License); (ii) you waive any liability that Snap might otherwise have in connection with such License Terms or Creator Sourced Content; (iii) the Organic Discovery License is provided “as-is” for your convenience and Snap does not make any representations or warranties in connection with it, including in respect of its fitness for purpose; and (iv) in making the Organic Discovery License available to you, Snap has not provided you with legal advice. “License Terms” means the license terms, contract or other form of agreement entered into between you and the applicable advertiser or creator governing licensing of the Creator Sourced Content made available via Organic Discovery for the purposes set forth in these Organic Discovery Terms (including the Organic Discovery License, where applicable).

c. If you are an advertiser then: (i) any Creator Sourced Content provided by a creator will be supplied to you directly by the applicable creator as an independent contractor; and (ii) as between you and Snap, you are solely responsible and liable for evaluating Creator Sourced Content to determine its suitability for use and for ensuring that any Creator Sourced Content that you use with or in connection with the Services complies with the Business Services Terms. 

3. Disclaimer

You agree that Snap will have no liability for Creator Sourced Content or for any claims arising in relation to your use or provision of Creator Sourced Content, including in respect of: (a) your relationship with other Organic Discovery users or the receipt, use or provision of Creator Sourced Content in connection with those relationships; (b) the contents of Creator Sourced Content; and (c) determining the level of fees, royalties or other consideration for the licensing and use of Creator Sourced Content (if any) or its payment. 

4. Entire Agreement

These Organic Discovery Terms set forth the entire understanding and agreement between you and Snap with respect to your use of Organic Discovery, and supersede all other agreements between you and Snap regarding Organic Discovery.

In summary: When you are granted the right to use (if you are an advertiser), or agree to let another user of the Services use (if you are a creator), Public Content via Organic Discovery as advertising on the Services, you enter into a separate two-party contract with the other third-party user governing that use with the rights and permissions set out in Section 2.a. of these Organic Discovery Terms unless you have agreed your own license terms between you instead. Irrespective of the terms of that contract between you and the applicable advertiser or creator, Snap is not a party to it. Snap has no responsibility or liability in connection with that contract or your use or provision of content via Organic Discovery, including in respect of the content itself or the level or payment of associated fees or other consideration (if any).