若您居住在美国境内,您将同意 Snap Inc. Snapchat Sounds Creator Fund 条款。
若您居住在美国境外,您将同意 Snap Group Limited Snapchat Sounds Creator Fund 条款。
Snap Inc. Snapchat Sounds Creator Fund 条款
生效: 2024年5月1日
Please read these Snap Inc. Snapchat Sounds Creator Fund Terms (“Sounds Creator Fund Terms”) carefully. These Sounds Creator Fund Terms form a legally binding contract between you and Snap Inc. (“Snap”) and govern your participation in the Snapchat Sounds Creator Fund (the “Program”). If you live in the United States, then these Sounds Creator Fund Terms govern. If you live outside the United States, then the Snap Group Limited Snapchat Sounds Creator Fund Terms apply. These Sounds Creator Fund Terms incorporate by reference the Snap Terms of Service, Community Guidelines, and any and all other terms, guidelines, and policies applicable to use of the Snapchat application.
ARBITRATION NOTICE: YOU ARE BOUND BY THE ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER PROVISION SET FORTH IN THE SNAP INC., TERMS OF SERVICE. YOU AND SNAP AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE OF THE SNAP INC. TERMS OF SERVICE, DISPUTES BETWEEN POTENTIAL GRANT RECIPIENTS AND SNAP WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND POTENTIAL GRANT RECIPIENTS AND SNAP EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. POTENTIAL GRANT RECIPIENTS HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE.
The Program is a new grant program designed to empower emerging, independent artists living in the United States, United Kingdom, India, Nigeria, Australia, Canada, France, and Germany to pursue a career in music, who are at least 18 years old (or at least 16 years old with written consent from their parent(s) or legal guardian(s)), but in any event, who are at least the age of majority in their jurisdiction of residence. The Program will be managed in cooperation with Snap partners, DistroKid LLC (“DistroKid”), Seven Colors (America) LLC (“Seven Colors”), and UnitedMasters LLC (“UnitedMasters”), such that any qualifying artist who uses the DistroKid, Seven Colors, or UnitedMasters platform may be eligible to receive a Grant (as defined below). As Sounds engagement continues to grow on the Snapchat application and as Snap continues to innovate and develop the Sounds experience, Snap wants to help Sounds creators produce even more quality content.
Any emerging, independent artist living in the United States, United Kingdom, India, Nigeria, Australia, Canada, France, and Germany who is at least 18 years old (or at least 16 years old with written consent from their parent(s) or legal guardian(s)), but in any event, who is at least the age of majority in their jurisdiction of residence, and who uploads the artist’s original music via DistroKid, Seven Colors, or UnitedMasters through to the Snapchat Sounds offering may be eligible to receive a Grant. Artists may not apply directly to receive a Grant, and only a limited number of artists will receive Grants. The specific number of Grants to be awarded, the timing of the award and payment of the Grants, and the selection of Grant recipients (each, a “Grant Recipient”), will be determined by Snap in its sole discretion based upon artistic and performance attributes of eligible artists’ original music. Artists who distribute songs that violate Snap’s Community Guidelines or who are otherwise not eligible pursuant to these Sounds Creator Fund Terms will not be considered. All decisions of Snap are final and binding.
The Program will commence on or about July 1, 2022 for eligible residents of the United States and India and will expand to eligible residents of: (a) Nigeria, the United Kingdom, Australia, and Canada (excluding Quebec) as of October 31, 2023 and (b) Quebec, France, and Germany as of January 31, 2024. Snap reserves the right at its sole discretion to suspend, modify, terminate, or extend the Program (for clarity, including these Sounds Creator Fund Terms) at any time.
潜在的赠款接收者将被 DistroKid、Seven Colors、或 UnitedMasters 通知(如适用),若其被选为潜在的资助对象。 潜在的赠款接收者及其家长或法定监护人(如果潜在的赠款接收者年龄在 16 至 18 岁之间),则需要在发放之日起七 (7) 天内填写并退还赠款接受表格或等效文档。如果潜在赠款接受者未在规定时间内对初始通知作出回应,则资助通知将被视为无法交付、潜在的赠款接受者未遵守本条款,或所有所需文件未在指定时间内返回,则该赠款将被取消。
赠款接收者将获得 Snap 自行决定的 2,500 美元或更高的赠款(每笔“赠款”)。 任何及所有联邦、州和地方税均由赠款接受者自行承担。 赠款接收者不得替代、转赠或转让赠款。所有赠款的条款、条件和详细信息均由 Snap 自行决定。
除法律禁止的情况外,在法律允许的最大范围内,在接受赠款的过程中,每位赠款接收者特此:(a) 许可并授予 Snap 及其指定人使用授权接收者的姓名、位置(城市、州)、照片、语音、肖像和授权信息,或向 Snap 提供的与授权相关的其他材料, 包括但不限于由赠款接收者提供给 Snap、或经赠款接收者书面批准(电子邮件即可)的任何原始录音和音乐作品,用于与该计划或 Snapchat Sounds 产品相关的宣传、营销和推广目的,包括在现在已知或以后发现的所有媒体中以任何方式复制、分发、展示和表演,无需另行通知、审查、批准或赔偿;以及 (b) 不可撤销地放弃 — — 或同意不会向 Snap、其母公司、关联公司和子公司主张 — — 在全世界范围内针对任何上述信息或材料所享有的任何精神权利或同等权利。
赠款接收者和潜在的赠款接收者同意免除、赔偿、解除并使 Snap、其母公司、关联公司、子公司及其广告、付款和推广机构,以及其各自的高管、董事、股东、员工、代理和代表(统称为“免责方”)免受因接受赠款或参与该计划而导致的全部或部分、直接或间接造成的人身伤害、责任、索赔、损失和损害,包括死亡或财产损失。
该计划在禁止的情况下无效,并受到所有适用的联邦、州和地方法律的约束。免责方对任何类型的通信丢失、延迟、不完整、损坏、不准确、被盗、延迟、误导、未交付或混乱不负责; 或对失去连接、中断、不可用的网络、服务器、互联网服务提供商、网站或其他连接、可用性或访问性,通信失败,计算机、卫星、电话或电缆传输、线路故障,或技术故障或混乱、扰乱、延迟、或错误传输,或计算机硬件或软件故障、缺陷或困难,或其他与此程序相关或涉及的人工、机械、电子、计算机、网络、印刷、打印或其他任何类型的错误或困难不负责。对与该计划相关或参与该计划导致的任何人的计算机或其他设备遭受的伤害或损坏,豁免方概不负责。篡改或滥用该计划任何方面、以不当或破坏方式行事或违反 Snap 自行决定的 Sounds Creator Fund 条款的人员,将被取消资格。
警告:任何故意破坏服务或破坏程序合法运行的企图都可能违反刑法和民法,如果发生此类企图,SNAP 保留在法律最大范围内向任何此类个人寻求损害赔偿和其他救济(包括律师费)的权利。
Snap Group Limited Snapchat Sounds Creator Fund 条款
生效: 2024年5月1日
Please read these Snap Group Limited Snapchat Sounds Creator Fund Terms (“Sounds Creator Fund Terms”) carefully. These Sounds Creator Fund Terms form a legally binding contract between you and Snap Group Limited (“Snap”) and govern your participation in the Snapchat Sounds Creator Fund (the “Program”). If you live outside the United States, then these Sounds Creator Fund Terms govern. If you live in the United States, then the Snap Inc. Snapchat Sounds Creator Fund Terms apply. These Sounds Creator Fund Terms incorporate by reference the Snap Group Limited Terms of Service, Community Guidelines, and any and all terms, guidelines, and policies applicable to use of the Snapchat application.
ARBITRATION NOTICE: IF YOU’RE USING THE SERVICES ON BEHALF OF A BUSINESS, THEN YOUR BUSINESS WILL BE BOUND BY THE ARBITRATION CLAUSE THAT APPEARS IN THE SNAP GROUP LIMITED TERMS OF SERVICE.
The Program is a new grant program designed to empower emerging, independent artists living in the United States, United Kingdom, India, Nigeria, Australia, Canada, France, and Germany to pursue a career in music who are at least 18 years old (or at least 16 years old with written consent from their parent(s) or legal guardian(s)), but in any event, who are at least the age of majority in their jurisdiction of residence. The Program will be managed in cooperation with Snap Inc., DistroKid LLC (“DistroKid”), Seven Colors (America) LLC (“Seven Colors”), and UnitedMasters LLC (“UnitedMasters”), such that any qualifying artist who uses the DistroKid, Seven Colors, or UnitedMasters platform may be eligible to receive a Grant (as defined below). As Sounds engagement continues to grow on the Snapchat application and as Snap continues to innovate and develop the Sounds experience, Snap wants to help Sounds creators produce even more quality content.
Any emerging, independent artist living in the United States, United Kingdom, India, Nigeria, Australia, Canada, France, and Germany who is at least 18 years old (or at least 16 years old with written consent from their parent(s) or legal guardian(s)), but in any event, who is at least the age of majority in their jurisdiction of residence, and who uploads the artist’s original music via DistroKid, Seven Colors, or UnitedMasters through to the Snapchat Sounds offering may be eligible to receive a Grant. Artists may not apply directly to receive a Grant, and only a limited number of artists will receive Grants. The specific number of Grants to be awarded, the timing of the award and payment of the Grants, and the selection of Grant recipients (each, a “Grant Recipient”), will be determined by Snap in its sole discretion, based upon artistic and performance attributes of eligible artists’ original music. Artists who distribute songs that violate Snap’s Community Guidelines or who are otherwise not eligible pursuant to these Sounds Creator Fund Terms will not be considered. All decisions of Snap are final and binding.
The Program will commence on or about July 1, 2022 for eligible residents of the United States and India and will expand to eligible residents of: (a) Nigeria, the United Kingdom, Australia, and Canada (excluding Quebec) as of October 31, 2023 and (b) Quebec, France, and Germany as of January 31, 2024. Snap reserves the right at its sole discretion to suspend, modify, terminate, or extend the Program (for clarity, including these Sounds Creator Fund Terms) at any time.
潜在资助接收者将由 DistroKid、Seven Colors、或 UnitedMasters 通知(若适用),若其被选为潜在资助对象。 潜在赠款接收者及其家长或法定监护人(如果潜在的赠款接收者年龄在 16 至 18 岁之间)则需要在发放之日起七 (7) 天内填写并发回补贴接受表格或等效文档。如果潜在赠款接受者未在规定时间内对初始通知作出回应,则资助通知将被视为无法交付、潜在的赠款接受者未遵守本条款,或所有所需文件未在指定时间内返回,则该赠款将被取消。
赠款接收者将获得 Snap 自行决定的 2,500 美元或更高的赠款(每笔“赠款”)。 任何及所有联邦、州、省、地区和地方税均由赠款接收者自行承担。赠款接收者不得替代、转赠或转让赠款。所有赠款的条款、条件和详细信息均由 Snap 自行决定。
除法律禁止的情况外,在法律允许的最大范围内,在接受补贴的过程中,每位补贴接收者特此:(a) 许可并授予 Snap 及其指定人使用赠款接收者的姓名、位置(城市、州、省或地区)、照片、语音、肖像和授权信息,或向 Snap 提供的与授权相关的其他材料, 包括但不限于赠款接收者向 Snap 提供的任何原始录音和音乐作品,或经赠款接收者以书面批准(电子邮件即可)的内容,用于与该计划或 Snapchat Sounds 产品相关的宣传、营销和推广目的,包括在版权有效期内,在现在已知或以后发现的所有媒体上,以任何方式在全球范围内进行复制、分发、展示和表演,无需通知、审查、批准或赔偿(为明确起见,在不限制作为该计划的一部分授予赠款接收者的情况下;以及 (b) 不可撤销地放弃 — — 或同意不会向 Snap、其母公司、关联公司和子公司主张— — 在全球范围内针对任何上述信息或材料所享有的任何道德权利或同等权利。
赠款接收者和潜在的赠款接收者同意免除、赔偿、解除并使 Snap、其母公司、关联公司、子公司及其广告、付款和推广机构,以及其各自的高管、董事、股东、员工、代理和代表(统称为“免责方”)免受任何因接受赠款或参与该计划而导致的全部或部分、直接或间接造成的人身伤害、责任、索赔、损失和损害,包括死亡或财产损失。
The Program is void where prohibited and subject to all applicable federal, state, provincial, territorial, and local laws. Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled communications of any kind; or for lost, interrupted or unavailable network, server, Internet Service Provider, website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program. Released Parties are not responsible for injury or damage to any person's computer or other device related to or resulting from participating in the Program. Persons who tamper with or abuse any aspect of the Program, who act in an improper or disruptive manner or who are in violation of these Sounds Creator Fund Terms, as solely determined by Snap, will be disqualified.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SNAP RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
If you live in India, Australia, France, or the United Kingdom, or are using the Services on behalf of a business with its principal place of business located in India, Australia, France, or the United Kingdom, then nothing in section 5 of these Sounds Creator Fund Terms shall limit or exclude the Released Parties’ liability for death, personal injury, damage to or loss of property, caused by the Released Parties’ negligence or fraud or fraudulent misrepresentation, or anything else excluded by law.
If you live in Germany, or are using the Services on behalf of a business with its principal place of business located in Germany, section 5 is deleted and replaced with the following:
In connection with acceptance of a Grant, each Grant Recipient hereby non-exclusively licenses and grants permission to Snap to use or make use of the Grant Recipient’s name(s), location (city and state), photograph(s), voice, likeness, Grant information, and any original sound recording and musical works that are (a) explicitly provided to Snap by Grant Recipient for such purpose, or (b) approved for such purpose by the Grant Recipient in writing (email sufficient), including without limitation for advertising, trade, and promotional purposes relating to the Program or the Snapchat Sounds offering, and any associated reproductions, distributions, displays, and performances in all media now known, in any manner, worldwide, for the duration of the copyrights, without notice, review, approval, or compensation.
Grant Recipients and potential Grant Recipients agree to release, indemnify, discharge and hold harmless (collectively “Release”) Snap and their officers, directors, shareholders, employees, agents and representatives (collectively, “Released Parties”) from any and all injuries, liability, non-contractual claims, losses and damages of any kind (collectively “Rights for Compensation”) incurred by themselves, including death, or property loss or damage, resulting, in whole or in part, directly or indirectly, from the acceptance of the Grant or participation in the Program. Such Release does not apply to the extent the Rights for Compensation: (a) have come to existence due to an injury to life, limb or health of Grant Recipients or potential Grant Recipients caused by an intentional or negligent breach of duty by the Released Parties; (b) have come to existence due to damage other than injury to life, limb or health to Grant Recipients or potential Grant Recipients caused by an intentional or grossly negligent breach of duty by the Released Parties; or (c) do not exceed in their amount the foreseeable damage typically occurring from participation in the Program when essential contractual obligations ("Cardinal Obligations") have been breached by the Released Parties in slight negligence. Cardinal Obligations are those obligations whose fulfillment is necessary for the proper execution of the Program and on whose fulfillment the Grant Recipients and potential Grant Recipients rely and may regularly rely.