These Creator Marketplace Terms govern your use of our Creator Marketplace program (“Creator Marketplace”), which enables brands and agencies (“Brands”) to collaborate with creators in connection with content created or made available by creators (“Creator Content”) for the purpose of (i) advertising via the Business Services; or (ii) creating or making available Commercial Content, via Snap’s Creator Marketplace and through Snap tools, including Organic Discovery, ad codes, and other content sharing request tags or functionality. These Creator Marketplace Terms are incorporated into the Business Services Terms. Some terms used in these Creator Marketplace Terms are defined in the Business Services Terms. 

1. Your Obligations

Your use of the Creator Marketplace, including use of Creator Content, any Creator Content you create or make available, or instruct another person to create or make available, and any communication via the Creator Marketplace, must comply with the Snap Terms of Service, Community Guidelines, Business Services Terms, and if applicable, the Commercial Content Policy, Advertising Policies, and any relevant submission guidelines. You must not instruct another person to create Creator Content, or make that Creator Content available in a way that would breach: (a) the Advertising Policies, where Creator Content is run as an ad via the Business Services; or (b) the Commercial Content Policy, where Creator Content is made available on the Services as Commercial Content.

2. License Terms

a. You agree that: (i) you are solely responsible for entering into appropriate License Terms with the applicable advertiser or creator governing your use, creation, or making available of Creator Content (as applicable); and (ii) you will comply with any such License Terms, those License Terms form a separate, binding two-party agreement between you, Snap shall not be a party to any such agreement (including where you use the Organic Discovery License), and you waive any liability that Snap might otherwise have in connection with such License Terms. “License Terms” means the license terms, contract, or other form of agreement entered into between you and the applicable Brand or creator governing your use, creation, or making available of Creator Content.

b. You agree that the license terms set forth below govern the licensing of Creator Content between you and the Brand or creator (as applicable) via Snap’s Organic Discovery feature to run that content as advertising via the Business 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 a Brand request to use your Creator Content via Organic Discovery, you grant to that Brand a limited, irrevocable, royalty-free, non-transferable, non-sublicensable, non-exclusive license to use, reproduce, exhibit, distribute, perform, display, and otherwise exploit such Creator 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) in that Creator Content, in the Brand’s ads that it runs on the Services. This license will extend until the applicable Creator Content is deleted by the Brand, or by Snap in accordance with its policies. 

3. Our Responsibility

You agree that: (a) Snap is an independent contractor, will not be deemed to be an agent of any Creator Marketplace user, and will have no liability for Creator Content or for any claims arising in relation to your use, creation, or making available of Creator Content, including in respect of: (i) your relationship or interactions with other users of the Creator Marketplace; and (ii) determining the level of fees, royalties, or other consideration for the licensing, use, or participation in the promotion of Creator Content (if any) or its payment; (b) the Organic Discovery License is provided solely for your convenience and in making the Organic Discovery License available to you Snap has not provided you with legal advice; and (c) if you are a Brand then: (i) any Creator Content supplied to you or made available on the Services by a creator at your instruction will be supplied to you or made available by that creator as an independent contractor; (ii) as between you and Snap, you are solely responsible and liable for evaluating Creator Content to determine its suitability for use; and (iii) Creator Content that another user makes available to you via Creator Marketplace constitutes Third-Party Materials under the Snap Terms of Service.

4. Entire Agreement

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

In summary: Your use of the Creator Marketplace and Creator Content, creation and making available of any Creator Content, and instructions to another person to create or make available Creator Content using Creator Marketplace must comply with our applicable terms and policies. It is solely your responsibility to enter into an appropriate license or other agreement with all third-party users that use your Creator Content, or that create, or make available Creator Content to you, as well as determining the suitability of the content itself and the level or payment of associated fees or other consideration (if any). Snap isn’t a party to that license. If you are using Organic Discovery, you may use the Organic Discovery License with the rights and permissions set out in Section 2.b unless you have agreed your own license terms between you and the applicable third-party user instead. Snap has no responsibility or liability for your use, creation, or making available of Creator Content via the Creator Marketplace or on the Services.