ਅਸੀਂ Snap Inc. ਹਾਂ

User Agreement

ਪ੍ਰਭਾਵੀ: 28 ਅਪ੍ਰੈਲ 2022

ARBITRATION NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF OUR TERMS OF SERVICE AND SUBJECT TO ANY APPLICABLE COUNTRY-SPECIFIC LIMITATIONS, YOU AND SNAP AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SNAP WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

We’ve drafted this User Agreement (which we call the “Agreement”), so you’ll know the rules that govern your use of the following products (“Products”): (a) hardware products, such as Spectacles or Pixy, and (b) the software and firmware for those hardware products, including any Updates (defined below) to the software and firmware (collectively, the “Licensed Software”) that lets you use your hardware products and pair to Snapchat.

Additional terms specific to the country in which you are located when you use the Products, or if you are using the Services on behalf of a business, the country in which the business's principal place of business is located, may apply. Please see the end of this Agreement for country-specific terms that may apply. In the event of a conflict between any applicable country-specific terms and the rest of this Agreement, the country-specific terms will govern.

By purchasing, using the Products or pairing your Products to Snapchat, you’re agreeing to be bound by this Agreement. The Agreement in effect when you pair (or re-pair) your Products will supersede the prior agreement to which you agreed. Although we have tried our best to strip the legalese from this Agreement, there are places where this Agreement may still read like a traditional contract. There’s a good reason for that: This Agreement does indeed form a legally binding contract between you and Snap Inc., if you live in the United States or are using the Products on behalf of a business with its principal place of business located in the United States, or between you and Snap Group Limited, if you live outside the United States or are using the Products on behalf of a business with its principal place of business located outside of the United States. In this Agreement, Snap Inc. and Snap Group Limited are collectively referred to as “Snap” and we ask that you please read this Agreement carefully.

This Agreement incorporates by reference our: (a) Safety Warnings (defined below), (b) Products Warranty, (c) Terms of Service, and (d) Privacy Policy. The Products are “Services” as defined in the Terms of Service, which among other things, means your use of the Services is subject to the disclaimers and limitations of liability in our Terms of Service. Please 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 consistent with that policy. To the extent this Agreement conflicts with our Terms of Service or any other agreement expressly incorporated above or any written insert included in the packaging with your Products, and unless provided otherwise under any applicable law, statute, rule or regulation (collectively, “Applicable Law”), this Agreement governs.

You affirm that you are competent, of the legal age of majority in your country of residence, and authorized to agree to and abide by this Agreement. If you want to use our Products and are under the age of majority in your jurisdiction, you must have prior express consent from your parent or authorized guardian.

If you use the Product or pair your Product to Snapchat on behalf of a business or other legal entity, you affirm that you are authorized to agree to this Agreement on behalf of the business or other legal entity. You agree that the terms “you” and “your,” as used throughout this Agreement, apply to both you and the business or other legal entity, as applicable.

3. Refunds, Exchanges, Returns, and Cancellations

For information about canceling your order, or processing a refund or exchange for any Product you purchased, please see our Return Policy. For information about our right to cancel online orders, please see Section 2 (Online Orders) above.

4. Your Representations and Warranties

a. You represent and warrant that (i) your use of the Products will comply with all Applicable Law, (ii) you have read, understand, and will follow all Safety Warnings, and (iii) you will not misuse the Products and only use the Products as permitted under this Agreement.

b. If you have purchased the Products, you represent and warrant that (i) all information you have provided to us in connection with your order and your purchase is accurate and complete, and (ii) you will not use any payment card or other form of payment to purchase a Product unless you have all necessary legal authorization to do so. If you are submitting an order on behalf of a business or other legal entity, you further represent and warrant that you are an authorized representative of the business or other legal entity with the authority to bind it to this Agreement and agree on behalf of the business or other legal entity to be bound by this Agreement.

c. You represent and warrant that (i) neither you, nor, if you are a business or other legal entity, 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; (ii) you (if you are a business or other legal entity) are not owned or controlled by such a restricted party; and (iii) 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.

d. You acknowledge that Products are subject to U.S. and other export control, sanctions, import, and customs laws—for example, 15 C.F.R. Parts 730-774 and 31 C.F.R. Parts 500-599 (collectively, “Trade Control Laws”). You agree to comply with Trade Control Laws and will not export, reexport, transfer, or import the Products contrary to Trade Control Laws or for use in any sanctioned countries, by any restricted parties, or for any restricted end uses.

5. Your Indemnification to Us

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) your use of the Products; (b) your violation or alleged violation of any laws in connection with your use of the Products; (c) any fraud or misrepresentation by you; or (d) any violation or alleged violation of this Agreement by you, including any actual or alleged breach of your representations, warranties, or obligations.

7. Governing Law and Disputes Between You and Us

This Agreement is governed by the Choice of Law provision in our Terms of Service.

ARBITRATION NOTIFICATION: EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF OUR 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, AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

For additional details about this arbitration procedure, please refer to the Arbitration provision of our Terms of Service, which REQUIRES YOU AND SNAP TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

If you use the Product or pair your Product to Snapchat on behalf of a business, the Arbitration provision of our Terms of Service will apply, except that the AAA Commercial Arbitration Rules will govern the arbitration instead of the AAA Consumer Arbitration Rules.

8. Revising This Agreement and Survival of the Agreement

a. From time to time, we may revise this Agreement. You can determine when this Agreement was last revised by referring to the “Effective Date” at the top of the Agreement. Please read the Introduction to understand when the new Agreement becomes effective. You will be bound by the version of the Agreement in effect when you purchased the Product, first used the Product, or paired (or re-paired) your Product to Snapchat, whichever is later.

b. Any provision of this Agreement that expressly or by its nature is intended to remain in effect on or after termination of this Agreement or the expiration of licenses granted in this Agreement, will survive and will continue to bind you and us after that termination or expiration.

9. Events Beyond Our Control

We will not be responsible for any delay or failure to comply with our obligations under this Agreement or for any Product failure if the delay or failure arises from any force majeure event or any cause which is beyond our reasonable control.

10. General Terms

a. This Agreement does not create or confer any third-party beneficiary rights.

b. If we do not enforce a provision in this Agreement, it will not be considered a waiver.

c. We reserve all rights not expressly granted to you.

d. If any provision of this Agreement 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 this Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement.

e. To the extent permitted by law, you waive any applicable statutory or common-law right that may permit a contract to be construed against its drafter.

f. We may assign our rights and obligations under this Agreement, in whole or in part, to any party at any time without notice. This Agreement may not be assigned by you, and you may not delegate your duties under it, without our prior written consent.

g. The United Nations Convention on the International Sale of Goods does not apply to this Agreement.

h. As used in this Agreement, “including” means including without limitation.