Voter Data Segment Terms
ARBITRATION NOTICE: 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 Voter Data Segment Terms form a legally binding contract between you and Snap, govern the use of voter data segments made available via the Business Services (“Voter Data Segments”), and supplement and are incorporated into the Self-Serve Advertising Terms. For clarification, the Self-Serve Advertising Terms continue to apply to the creation and management of Ads submitted via the Business Services. Some terms used in these Voter Data Segment Terms are defined in the Business Services Terms or Self-Serve Advertising Terms. If these Voter Data Segment Terms conflict with the Self-Serve Advertising Terms, then to the extent of the conflict these Voter Data Segment Terms govern.
Access to the Voter Data Segments is provided under the licenses and permissions set forth below. Any further use, resale, or other unauthorized access to, use of, or disclosure of the voter data segments are strictly prohibited.
In addition to your representations and warranties under the Business Services Terms, you represent and warrant that you: (a) are permitted under all Applicable Law to receive, access, use, store, and process the Voter Data Segments; (b) will only access and use the Voter Data Segments in compliance with Applicable Law; and (c) will not receive, access, use, store, or process the Voter Data Segments in a manner contrary to or in violation of the Voter Data Segment Uses included under Section 3 below or in violation of any Applicable Laws.
(a) You understand and agree that pursuant to applicable state or local laws, certain Voter Data Segments (or portions thereof) may only be provided to entities fulfilling purposes related to political candidacy and elections or for other purposes expressly authorized by Applicable Law. These permissible purposes may include (dependent on the applicable state or local law) messaging on behalf of political candidates, parties, campaigns, or committees, and those authorized to work on their behalf. You agree that you will only use or access, and will only permit the Voter Data Segments (or portions thereof) to be used or accessed by or on behalf of an entity authorized to do so (as applicable under each applicable state or local law). VIOLATION OF THIS SECTION 3 MAY CONSTITUTE A VIOLATION OF CRIMINAL LAW, IN CERTAIN STATES. IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY PRIOR TO USING THE VOTER DATA SEGMENTS (OR PORTIONS THEREOF), IF YOU ARE UNSURE OF THE APPLICABLE LEGAL STATUS TO WHOM YOU ARE PLACING ADS. To the extent Applicable Law requires that you (or where you are acting as agent for another entity, that entity) sign any certification form with regard to use or receipt of the Voter Data Segments (or portions thereof), you understand and agree that you will promptly provide such certifications as a precondition to receipt of, or use of, any Voter Data Segments (or portions thereof).
(b) You acknowledge and agree that you (or where you are acting as agent for another entity, that entity) may only use the Voter Data Segments (or any portions thereof) for political purposes and activities, including recognized political campaigns, voter registration drives, political voter contact, GOTV, political fundraising, or political polling and research, in each case solely as permitted by and limited by Applicable Law.
(c) You acknowledge and agree that you (or where you are acting as agent for another entity, that entity) that the Voter Data Segments (or any portion thereof) will not be accessed or used: (i) for any non-political purpose; (ii) to solicit any individual for the purchase of goods or services; (iii) to solicit any individual for funds, other than political fundraising activities, if permitted by Applicable Law; (iv) as a factor in establishing an individual’s creditworthiness or eligibility for credit, insurance, or employment; (v) for any illegal or other discriminatory purpose, activity or practice; (vi) as part of any database that is used or may be used for any of the purposes described in (i) through (vi) above; and (vi) in violation of these Voter Data Segment Terms.
(d) Upon request, you will promptly provide Snap (or any data provider of such Voter Data Segment, as applicable) with a description of your (or where you are acting as agent for another entity, that entity’s) anticipated or actual use of the Voter Data Segments.
(e) In the event Snap (or any data provider of such Voter Data Segment, as applicable) determines or in good faith reasonably believes that you are in breach of or will imminently be in breach of these Voter Data Segment Terms, Snap (or the data provider, as applicable) may: (i) immediately suspend or terminate your (or where you are acting as agent for another entity, that entity’s) access and use of the Voter Data Segments; (ii) immediately demand that you (or where you are acting as agent for another entity, that entity) delete any information derived from the Voter Data Segments, if any, within 72 hours of such demand; and/or (iii) report such violation to the Applicable Law enforcement authorities. You will not be entitled to any refund should any of the foregoing occur.
In addition to your indemnification obligations under the Business Services Terms, you agree, to the extent permitted by Applicable Law, to indemnify, defend, and hold harmless Snap, the data provider(s) of the Voter Data Segments, their affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access, use, storage, processing, or disclosure of the Voter Data Segments in violation of any Applicable Law; and (b) any actual or alleged breach of these Voter Data Segment Terms. Notwithstanding anything to the contrary in the Business Services Terms, the data provider(s) of the Voter Data Segments are intended third-party beneficiaries of this Section, and the indemnification procedure provisions in the Business Services Terms will apply to those data provider(s).