On-Demand Geofilter Terms and Conditions

Please read these Terms and Conditions (“Terms”) carefully. These Terms govern your purchase of an On-Demand Geofilter (“Geofilter”) from Snapchat, Inc. (“Snapchat”) and include details about payment, refunds, and cancellations. If you are outside of the United States, additional terms may apply to you – please see the end of these Terms for country-specific terms that may apply.

Please print a copy of these Terms and keep them for your reference.

These Terms incorporate by reference Snapchat’s Terms of Service, Community Guidelines, Privacy Policy, and Advertising Policies, so please read each of them carefully. Among other things, that means the purchase and sale of Geofilters is subject to the disclaimers and limitations of liability in the Terms of Service, and the information we collect from you during purchase is subject to our Privacy Policy. To the extent these Terms conflict with the Terms of Service, Community Guidelines, and Privacy Policy, these Terms govern.

PLEASE NOTE: THESE TERMS INCLUDE AN ARBITRATION CLAUSE IN SECTION 16. UNDER THAT CLAUSE, YOU AND SNAPCHAT AGREE TO MANDATORY BINDING ARBITRATION FOR MOST DISPUTES AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. The Basics

When you submit your order to buy a Geofilter, you’re asking Snapchat to make the Geofilter available for Snapchat users to put on their Snaps in a particular place for a particular period of time. You’ll design the proposed Geofilter with images you choose and submit it for our review as an image file (which we call an “Asset”). You’ll grant Snapchat a license to use and copy the Asset both to distribute the Geofilter and in other ways, including those described in this Agreement. And you’ll indicate whether you’re buying the Geofilter for business or personal use.

These Terms spell out all these steps and include other important provisions. And please note: These Terms amount to a contract between you (or your organization) and Snapchat. By submitting the Asset and submitting your order, you’re entering into a legally binding agreement and agreeing to be bound by these Terms.

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 buy a Geofilter and are under the age of majority, you must have your parents’ express permission. If you’re entering into this contract on behalf of a business, you affirm that you’re authorized to act for that business and that these Terms apply to and bind that business.

2. Your License to Snapchat

As part of the purchase process, you’ll be asked to upload the Asset for our review. You acknowledge and agree that Snapchat has the unrestricted right to determine, in its sole discretion, whether the Asset will be used on Snapchat’s mobile application, website, and other branded platforms (the “Services”), including whether it will be made available as a Geofilter.

You grant Snapchat 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 Asset 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 Snapchat to make the Asset available to Snapchat users, for sharing among Snapchat users, and for saving to their mobile devices. The license to make the Asset available to users as a Geofilter within the Services ends when your Geofilter run time on the Services ends. However, the license extends 31 days following that date to allow Snapchat to deliver unopened Snaps that include your Geofilter, and the license extends perpetually for the limited purpose of allowing Snapchat to use the Asset for the advertising, marketing, and promotion of the Services.

You acknowledge and agree that users may be able to save, send, and view Snaps incorporating the Geofilter beyond the Geofilter's run time. You acknowledge that Snapchat’s users may use the Asset for purposes other than you anticipated. You agree that such uses constitute user-generated content for which Snapchat bears no responsibility. You agree that Snapchat is not liable for any claims or losses based on or arising from any user-generated content, including but not limited to user content that makes use of the Asset, whether within the Services or beyond.

In the event that you incorporate your or any third party’s name, logo, trademark, service mark, image, or likeness (collectively, “Additional Elements”) into the Asset, you agree that this license applies to all Additional Elements incorporated into the Asset. Snapchat obtains no ownership or other rights in the Additional Elements as they exist separate and apart from the Asset.

You agree that Snapchat is under no obligation to pay you or any third party any consideration or compensation for the Asset or Snapchat’s or its users’ use of the Asset. To the extent permissible under applicable law, you hereby irrevocably waive, or agree not to assert against Snapchat to the extent a waiver is not permitted, any and all moral rights or equivalent rights you may have in the Asset throughout the world. You agree that Snapchat is not liable for any claims based on or arising from any user-generated content, including but not limited to user-generated content that makes use of the Asset. You agree that Snapchat may in its discretion resize, set the transparency of, and make other alterations to the Asset to appropriately display it in its mobile application.

If Snapchat does make your Asset available on the Services, you acknowledge and agree that Snapchat 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.

3. Asset Content Restrictions

The Asset must comply with our On-Demand Geofilter Submission Guidelines, Community Guidelines, and Snapchat Advertising Policies. Anything prohibited as ad content on Snapchat is prohibited as a Geofilter, and anything restricted as an ad is restricted as a Geofilter. For inquiries about buying an On-Demand Geofilter that includes a product listed in the restricted ads category, contact odg-support@snapchat.com.

4. Pricing and Availability

Your On-Demand Geofilter can run for up to 30 consecutive days from the date of launch. We’ll indicate in the purchase tool the first date when your Geofilter could launch.

We price Geofilters in our discretion based on a number of factors, including how long and over how large an area you want the Geofilter to run. You can see the price adjust as you manipulate the size, location, and run time for your Geofilter in the purchase tool. And you’ll always see the final purchase price before you click to submit your order and enter into a contract with us. We may change, suspend, or end any service or modify prices prospectively in our discretion. Snapchat does not guarantee filter availability over all areas. Keep in mind that we may, and likely will, run multiple filters 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.

5. Our Review of Your Proposed Geofilter

When you submit your order and submit an Asset, that doesn’t mean that your Geofilter will be made available on the Services. Snapchat may reject a proposed Geofilter if it violates the Asset Content Restrictions in Section 3 above, or for any reason in our discretion. If Snapchat rejects your Geofilter and your payment card has already been charged, we’ll refund the purchase price. Refunds and cancellations are described in Section 8.

6. Your Purchase and Payment

a. Payments Cards. Before you can submit your order for a Geofilter, you may be required to provide us or our third-party payment processor with a valid payment card number and associated payment information, 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. By submitting that information to Snapchat or to our third-party payment processor, you authorize Snapchat or the payment processor (as applicable) to charge your card at our convenience but within 60 days of payment card authorization. We will automatically bill your card for the price of the Geofilter you have purchased. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

Snapchat accepts a variety of payment methods, including debit and credit cards from Visa, Mastercard, Discover, and American Express. Snapchat does not currently accept any payment method not listed.

b. Cost, Fees, and Taxes. Please confirm that all details of your purchase are correct before submitting your order. When you submit your order, you agree to pay Snapchat the cost of the Geofilter and any surcharges as stated in the purchase tool. Failure to pay Snapchat the cost stated will result in termination of your Geofilter.

You agree to pay all fees and charges incurred in connection with your purchase, at the rates in effect when the 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.

United States sales and use taxes are not included in the total purchase price shown in the purchase tool. To the extent Business or Personal On-Demand Geofilters (each defined in Section 10) are subject to sales or use taxes in the United States, Snapchat will pay such taxes and remit them to the appropriate taxing authority. For information on taxes on purchases made outside the United States, please see Section 22.

Your payment will be processed before your Geofilter is scheduled to run. We or our third-party payment processor may run a payment card authorization check on your card prior to that time. You authorize us or our third party payment processor to store your payment card information and, if needed, to continue billing your card until your Geofilter run time has expired to avoid interruptions in running a Geofilter scheduled to run longer than 30 days.

If Snapchat does not receive payment from your payment card issuer or its agent, you agree to pay all amounts due upon request from Snapchat or its agents.

c. Other Payment Terms. Your payment card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder.

YOU, AND NOT SNAPCHAT, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYMENT CARD BY A THIRD PARTY.

Unless you notify us of any discrepancies within 60 days after they first appear on your payment card statement, you agree they will be deemed accepted by you for all purposes.

7. Communications from Snapchat

When you order a Geofilter, we’ll email an order confirmation to the email address tied to your Snapchat account. Receiving the order confirmation does not mean we’ve accepted your purchase request. We reserve the right to accept or decline your request for any reason and at any time, including after your Geofilter has been launched. We may require additional verifications or information before accepting any order.

We may send you one or more subsequent emails about your experience with the Geofilter product, or other communications regarding your Snapchat experience. By purchasing a Geofilter you consent to receive from Snapchat each of the email communications described in these Terms. Providing feedback to our emails is optional; if you don’t wish to participate, just ignore or delete those emails.

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.

8. Cancellations and Refunds

a. Our Right to Cancel. Snapchat reserves the right to reject or cancel your Geofilter at any time, including after your Geofilter has been launched, because we’ve blocked a certain area (see Section 4 above), because you or the Geofilter violate our terms or guidelines (see Section 5 above), or for any other reason in our discretion. Moreover, while we do our best to describe our products as accurately as possible, we do not warrant that specifications or pricing are complete, accurate, current, or error-free. In the event of any pricing or specification error, we have the right to refuse or cancel your order in our sole discretion. If we reject your order and your payment card has already been charged but the Geofilter has not run, we will refund the purchase price. Refunds for cancellations are addressed below.

b. Your Right to Cancel. You may cancel your Geofilter any time after you submit your order. To cancel, contact odg-support@snapchat.com, or use any “cancel” functionality we may add to your account page. If you cancel your Geofilter, you may be eligible for a full refund or partial refund, as described below.

c. Refunds. Refunds are available in certain limited circumstances. If you or we cancel your On-Demand Geofilter before it runs on Snapchat, you’ll receive a full refund. If you or we cancel your Geofilter while it’s running, we’ll provide a partial refund so that you’ll only pay for the time your Geofilter ran. For all refunds, please allow 3–5 business days for the funds to appear in your account.

You agree that, if we cancel all or a portion of your order, your sole and exclusive remedy is either that: (i) we’ll issue a credit to your payment card in an amount equal to the cancelled portion of the order, or (ii) we won’t charge your card for the cancelled portion of the order. As stated above, you’ll be responsible for, and your payment card may be charged for, all fees associated with orders already processed before your cancellation was received.

d. Survival of Terms. If you or we cancel your Geofilter order, Sections 15-19 of the Terms of Service and Sections 2, 6-8, 12, 13, 16, 18-20, and 22 of these Terms will survive.

9. Delivery of Your Geofilter

If your Geofilter is made available on the Services, Snapchat will try to deliver it to Snapchat users who are located within the geographic area you selected, at the start and stop times you indicated. Snapchat does not guarantee perfect delivery, and Snapchat does not guarantee that any users will choose to use your Geofilter. Some users within the area may not see the Geofilter, and some outside the area may see the Geofilter. Accuracy of delivery depends in part on the strength of a user’s GPS or Wifi signal. Users with location services or filters disabled will not see Geofilters.

10. Business Filters and Advertising

Before you submit your Geofilter, you’ll be asked whether it’s for business or personal use. Click “business” if you’re submitting the Geofilter on behalf of a business; if it includes any branding, logos, or business marks or names; or if it promotes a business or brand. We refer to these as “Business On-Demand Geofilters.” We refer to other Geofilters as “Personal On-Demand Geofilters.” You agree that you will not use any branding, logos, or business marks or names, or promote a business or brand, in any Personal On-Demand Geofilter.

If you purchase a Business On-Demand Geofilter, Snapchat may in its sole discretion apply a label or disclosure to notify Snapchat users that your Geofilter is a sponsored product. Snapchat may in its sole discretion include in that label or disclosure the name of the business that you provided in the purchase tool. For example, the word “sponsored” may appear on your Geofilter when users first see it. But if you’ve indicated in the purchase tool that you’re buying a Personal On-Demand Geofilter, Snapchat won’t apply such a disclosure. That’s one reason it’s very important that you click “business” if your Geofilter in fact promotes a business or brand. Keep in mind that you, not we, are responsible for including any legally required advertising disclosure in your Geofilter.

Snapchat may, without compensation to you or others, serve or otherwise place ads near your Geofilter. For example, users swiping to see Snapchat’s filter offerings may see a branded or sponsored Geofilter before or after your Geofilter, or a Snapchat user may apply your Geofilter to their content and that content may be followed or preceded by an ad within the Services.

11. Promotions

If you use your Geofilter or any part of the Snapchat Services as part of a sweepstakes, contest, offer, or other promotion (each, a “Promotion”), you are solely responsible for complying with all laws, rules, and regulations that apply to your Promotion wherever it is offered, as well as with the Snapchat Promotion Rules. Unless we expressly agree otherwise in writing, Snapchat will not be a sponsor or administrator of your Promotion.

12. Your Representations and Warranties

You represent and warrant that (a) you have all rights and any necessary consents to license the Asset, including any Additional Elements incorporated into the Asset, to Snapchat; (b) the Asset does not violate these Terms or Snapchat’s Community Guidelines or Advertising Policies; (c) the Asset does not, and its use in connection with the Services will not, violate, misappropriate, or infringe any patent, copyright, trademark, privacy, or publicity rights or any other rights of any person or entity; (d) you have not assigned, licensed, or otherwise encumbered the Asset to any other person or entity; (e) the Asset complies with applicable laws, rules, and regulations, and is suitable for audiences ages 13 and up; (f) the Asset does not, and will not, defame, bully, cause injury or harm, or inflict emotional distress on, any third party; (g) any and all information you have provided to Snapchat in connection with the Asset and your purchase is accurate and correct; and (h) you will not use any credit card or other form of payment to purchase a Geofilter unless you have all necessary legal authorization to do so. In the event Snapchat approves and uses the Asset in connection with the Services, such approval will not diminish or waive your representations and warranties contained in these Terms.

13. Your Indemnification to Snapchat

You agree to indemnify, defend, and hold harmless Snapchat, its managing members, shareholders, employees, affiliates, licensors, and suppliers 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) Snapchat’s use of your Asset, 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, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (d) any claim that your Asset infringes, violates, or misappropriates any copyright, trademark, trade secret, design right, trade dress, patent, publicity, privacy, or other right of any person or entity; (e) any fraud or misrepresentation made by you; or (f) any violation or alleged violation of these Terms by you, including any breach of your representations and warranties.

14. Account Security

To submit an On-Demand Geofilter, you may need to log in to the On-Demand Geofilter purchase tool with your Snapchat account. You may not use another Snapchatter’s account without permission. Snapchat will not be liable for losses caused by any unauthorized use of your Snapchat account. You may be liable to Snapchat or others for losses caused by such unauthorized use.

15. No Agency Relationship

Nothing in these Terms will be construed to imply a joint venture, principal-agent, or employment relationship between you and Snapchat.

16. Governing Law and Disputes Between You and Snapchat

These Terms are governed by the Choice of Law provision of Snapchat’s Terms of Service.

ARBITRATION NOTIFICATION: YOU AGREE THAT ANY DISPUTES BETWEEN US CONCERNING THIS AGREEMENT WILL BE DECIDED IN MANDATORY BINDING ARBITRATION, AND YOU AGREE TO WAIVE ANY RIGHT TO BRING OR OTHERWISE PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

For additional details about this arbitration procedure, please refer to the Arbitration Clause in the Snapchat Terms of Service, which REQUIRES YOU TO ARBITRATE DISPUTES WITH SNAPCHAT, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

If you have purchased a Personal On-Demand Geofilter, the arbitration provision in Section 17 of the Terms of Service will apply. If you have purchased a Business On-Demand Geofilter, arbitration provision in Section 17 of the Terms of Service will apply, except that the AAA Commercial Arbitration Rules will govern the arbitration instead of the AAA Consumer Arbitration Rules, as contemplated in Section 17(b).

17. Respecting Copyright

If you need to report suspected copyright infringement in an On-Demand Geofilter, please see Section 6 of the Terms of Service.

18. Disclaimer of U.C.C. and U.N. Convention Terms

You and we disclaim any application to these Terms of (a) the Convention on Contracts for the International Sale of Goods and (b) Article 2 of the Uniform Commercial Code.

19. 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 the Snapchat website, and will apply to any Geofilters you purchase after that time. By purchasing or renewing a Geofilter after the 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 the Terms, don’t purchase an On-Demand Geofilter.

If you have any questions about these Terms, contact odg-support@snapchat.com.

20. Final Terms

These On-Demand Geofilter Terms make up the entire agreement between you and Snapchat regarding the purchase by you of an On-Demand Geofilter, and supersede any prior agreements. 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, then 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). To the extent permitted by applicable law, you agree and hereby do waive any applicable statutory or common-law right that may permit a contract to be construed against its drafter. Snapchat 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 Snapchat.

21. Contact Us

Snapchat welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting https://support.snapchat.com/en-US/ca/odg. You can also reach out to us with any complaints or feedback at the following points of contact:

Mailing address: 63 Market Street, Venice, California 90291, U.S.A.

Email: odg-support@snapchat.com

MOSS # EU826443956

UK VAT # 237 2183 16

VAT Registered, as required.

22. Country-Specific Terms

If you reside in any of the countries listed below, please review the additional terms that may apply to you:

Australia:

In relation to Section 2 of these Terms, as to moral rights, you consent to Snapchat doing or omitting to do any acts that would otherwise infringe your moral rights or equivalent rights you may have in the Asset throughout the world.

In relation to Section 6 of these Terms, GST is not included in the total purchase price shown in the purchase tool. To the extent Business or Personal On-Demand Geofilters are subject to GST in Australia, Snapchat will pay such taxes and remit them to the appropriate taxing authority.

Non-Excludable Guarantees. Nothing in these Terms limits, excludes, or modifies any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void.

Canada:

For Quebec residents: Section 16 is inapplicable to Quebec resident consumers.

In relation to Section 6 of these Terms, GST is not included in the total purchase price shown in the purchase tool. To the extent Business or Personal On-Demand Geofilters are subject to GST in Canada, Snapchat will pay such taxes and remit them to the appropriate taxing authority.

You agree that these Terms and any documents and correspondence in connection therewith will be drawn up in English only. Vous convenez que ces Conditions et tous les documents et de la correspondance s'y rattachant seront rédigés en anglais seulement.

United Kingdom:

In relation to Section 6 of these Terms, for Personal On-Demand Geofilters VAT is included in the total purchase price shown in the purchase tool. For Business On-Demand Geofilters VAT is not included; please consult your tax adviser to determine whether you are required to remit VAT on your Business On-Demand Geofilter.

In relation to Section 8 of these Terms, if you are located in the U.K. and you have submitted an On-Demand Geofilter to run within 14 days of submission, you expressly consent to the Geofilter being made available on the Service within 14 days of the date you purchase the Geofilter (the “cooling off period”), and acknowledge that if you cancel your Geofilter once it has been made available on the Service, you will be eligible only for a partial refund and your statutory rights to cancel and receive a full refund in the cooling off period will be lost.

For individual consumers (not businesses): for details regarding dispute resolution, please follow this link to the EU Commission’s Online Dispute Resolution Platform http://ec.europa.eu/consumers/odr/.

Nothing in these Terms will affect your legal rights and remedies provided to you under U.K. consumer law including the Consumer Rights Act 2015.