Snap Inc. Snapchat Sounds Creator Fund 條款。

生效日期: 2024年5月1日

1. Introduction

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 ServiceCommunity 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.

2. The Basics

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.

3. Eligibility

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.

4. 資助詳情

如果獲選為潛在資助獲得者,將由 DistroKid、Seven Colors 或 UnitedMasters 通知(視情況而定)。潛在資助獲得者(如果潛在資助獲得者年齡介於 16 至 18歲,則需連同其家長或法定監護人)將需在頒布之日起七(7)日內填妥並交回資助接受者同意書或同等文件。如果潛在資助獲得者未有在規定時間內回覆初始通知、通知無法送達而被退回、未遵守本條款,或未在指定時間內繳交所有所需文件,將喪失資助資格。

資助獲得者將收到 2500 美元或更高的資助(每項「贈款」),具體將由 Snap 自行決定。任何及所有聯邦、州及地方稅項均由獲獎者負責。 資助獲得者不得代替、轉讓或轉移資助。 任何資助的所有條款與條件及細節均由 Snap 自行決定。

5. 您授予我們的權利及責任豁免

除非法律禁止,根據法律允許的範圍,與接受資助有關,每位獲獎者在此同意:(a) 授權 Snap 及其指定方使用獲獎者的名字、位置(城市和州)、照片、聲音、肖像、資助資訊或與資助相關的其他內容,包括但不限於由資助者提供給 Snap 的任何原始音訊和音樂作品,或由資助者書面(包括電子郵件)批准的內容,用於與該計畫或 Snapchat 聲音服務相關的廣告、交易和推廣目的,包括複製、發布、展示和表演,以任何方式、在全球範圍內,且無需通知、審核、批准或補償;及 (b) 不可撤銷地放棄,或同意不對 Snap、其母公司、關係企業及子公司主張任何上述資訊或內容中的任何道德權利或同等權利。

資助獲得者和潛在資助獲得者同意解除、賠償、Snap 免於承擔賠償責任、其母公司、關係企業、廣告、付款和促銷機構,以及其各自的主管、董事、股東、員工、代理商和代表(以下統稱「免責方」),免受任何和所有損害、責任、索賠、損失和賠償金的責任,包括但不限於死亡或財產損失,直接或間接地全部或部分地源自於接受資助或參與計畫。

6. 一般政策

本計畫在違反政策的情況下無效,且受所有適用的聯邦、州及地方法律約束。 免責方對任何類型的遺失、延遲、不完整、損壞、不準確、被偷、延誤、誤用、無法傳送或亂碼的通訊不承擔任何責任; 或因失去、中斷或無法使用的網路、伺服器、網際網路服務供應商、網站或其他連線、中斷或無法使用、可用性或可取得性或通訊錯誤,或電腦、衛星、電話或電纜傳輸、線路或技術故障或亂碼、延誤或錯誤導向傳輸、或電腦硬體或軟體故障、錯誤或困難,或任何種類的其他錯誤或問題,無論是人為、機械、電子、電腦、網路、排版、印刷或其他與本計畫的相關問題。 對於與本計畫相關或因參與本計畫而導致的任何受傷害,電腦或其他裝置的損壞,免責方將不承擔任何責任。在任何方面篡改或濫用本計畫的人、行為以不正當或具搗亂性方式,或違反本 Sounds Creator Fund 條款將被取消資格,具體將由 Snap 決定。

注意:任何故意損害服務或破壞本計畫合法運作的企圖都可能違反刑法和民法,如果發生此類行為,Snap 將保留最大能力範圍向任何此類人士尋求賠償金和其他救濟(包括律師費)的權利。

Snap Group Limited Snapchat Sounds Creator Fund 條款

生效日期: 2024年5月1日

1. Introduction

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.

2. The Basics

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.

3. Eligibility

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.

4. 資助詳情

如果獲選為潛在資助獲得者,將由 DistroKid、Seven Colors 或 UnitedMasters 通知(視情況而定)。潛在資助獲得者(如果潛在資助獲得者年齡介乎 16 至 18歲,則需連同其家長或法定監護人)將需在頒布之日起七(7)日內填妥並交回資助接受者同意書或同等文件。如果潛在資助獲得者未有在規定時間內回覆初始通知、通知無法送達而被退回、未遵守本條款,或未在指定時間內繳交所有所需文件,將喪失資助資格。

資助獲得者將收到 2500 美元或更高的資助(每項「贈款」),具體將由 Snap 自行決定。任何及所有聯邦、州、省、地區及地方稅項均由資助者獲得者負責。 資助獲得者不得代替、轉讓或轉移資助。 任何資助的所有條款與條件及細節均由 Snap 自行決定。

5. 您授予我們的權利及責任豁免

除非法律禁止,根據法律允許的範圍,與接受資助有關,每位獲獎者在此同意:(a) 授權 Snap 及其指定方使用獲獎者的名字、位置(城市和州)、照片、聲音、肖像、資助資訊或與資助相關的其他內容,包括但不限於由資助者提供給 Snap 的任何原始音訊和音樂作品,或由資助者書面(包括電子郵件)批准的內容,用於與該計畫或 Snapchat 聲音服務相關的廣告、交易和推廣目的,包括在著作權期間內,在現在或將來的所有媒體中,以任何方式,在全球範圍內進行複製、分發、展示和表演而不需通知、獲得授權、審核或提供報酬(為了明確起見,不限制作為該計畫的一部分授予獲獎者的資助);並且 (b) 不可撤回地放棄,或同意不對 Snap、其母公司、關係企業與附屬公司主張任何以上資料或內容中的道德權利或等同權利。

資助獲得者和潛在資助獲得者同意解除、賠償、Snap 免於承擔賠償責任、其母公司、關係企業、廣告、付款和促銷機構,以及其各自的主管、董事、股東、員工、代理商和代表(以下統稱「免責方」),免受任何和所有損害、責任、索賠、損失和賠償金的責任,包括但不限於死亡或財產損失,直接或間接地全部或部分地源自於接受資助或參與計畫。

6. General

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.

7. Country-Specific Terms

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.