Terms of Use
Last updated: December 20, 2013
Please read these Terms of Use (“Terms”) carefully. By downloading, accessing or using the mobile applications, websites or other products or services (collectively, the “Services”) of Snapchat, Inc. and our affiliates (“Snapchat”, “we” or “us”), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Snapchat account.
Have FunThe language below is meant to support this rule. It allows us to continue providing and improving our Services, and it helps to ensure that a few mean users don’t ruin the fun for everyone else. Your part in that is simple. Just use common sense—keep sending awesome Snaps to your friends, and please don’t send Snaps that they don’t want to receive.
Our AudienceThis section is about who can use Snapchat.
Snapchat is intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited from creating Snapchat accounts. We do, however, offer a limited- functionality version of Snapchat, called “Snapkidz,” for children under the age of 13. Snapkidz includes the familiar interface for taking Snaps, captioning, drawing, and saving Snaps locally on the device, but does not support sending or receiving Snaps or adding friends and, since the experience is local to the user’s device, no Snapchat account is created.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Snapchat account.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
Usage DataThis section is about data we collect.
By using the Snapchat application you agree to let Snapchat collect information about your usage of the application, including interactions with Snaps. For example, when you open a message or capture a screenshot of a Snap, we attempt to detect those interactions. You agree that we will share the fact that you took these actions with the sender of the message. You also agree to let Snapchat collect certain types of information from and about your device. For example, if you choose to use our “Find Friends” feature, you agree to let Snapchat access the address book on your device and upload data to its servers to sync your contacts and find which of your friends are already Snapchat users. For more information about the information we collect from you and your device and Snapchat’s privacy practices, please review our Privacy Policy.
User ContentThis section is about your stuff—content you create.
The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to photos, videos, text, graphics, items or other materials (collectively, “User Content”). You understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings. You agree to abide by our Community Guidelines, which may be updated from time to time.
You agree that you are solely responsible for your User Content and that Snapchat is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to Snapchat, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.
Snapchat ContentThis section is about our stuff—content we create.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Snapchat Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Snapchat Content may violate such laws and these Terms. Except as expressly provided in these Terms, Snapchat does not grant any express or implied rights to use Snapchat Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Snapchat Content, the Services or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Snapchat Content. This license is revocable at any time. This license is subject to these Terms and does not include:
The distribution, public performance or public display of Snapchat Content;
Modifying or otherwise making any derivative uses of the Services or Snapchat Content, or any portion thereof;
Use of any scraping, data mining, robots or similar data gathering or extraction methods;
Downloading (other than page caching) any portion of the Services, Snapchat Content or any information contained therein, except as expressly permitted on the Services;
Accessing the Snapchat API with an unauthorized or third-party client; and
Any use of the Services or Snapchat Content other than for their intended purposes.
Any use of the Services or Snapchat Content other than as specifically authorized in these Terms, without the prior written permission of Snapchat, is strictly prohibited and will terminate the license to use Snapchat granted in these Terms.
Prohibited ActivitiesThis section is about some things you can’t do as a Snapchat user.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
Compromise the security of the Services;
Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
Use or attempt to use another user’s account without authorization;
Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
Engage in any harassing, intimidating, predatory or stalking conduct;
Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply when posting reviews of Snapchat, including the iTunes App Store Terms of Service and/or the Android Market Terms of Service. Posting Snapchat usernames in app store reviews is strictly prohibited and may result in the deletion of your Snapchat account.
Account SecurityThis section is about account security.
After opening a Snapchat account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account.
When you first create a Snapchat account, we ask for your mobile number in order to verify your account. Please be aware that your carrier’s text messaging fees apply for mobile number verification.
Modifications to the ServicesThis section is about the possibility that we may change the Services in the future.
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
Copyright PolicyThis section describes how to provide notice to Snapchat of content on Snapchat that infringes the intellectual property rights of another and Snapchat’s rights with respect to that notice.
Snapchat respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party’s copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party’s copyrighted work.
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent:
Snapchat, Inc.
Attn: Copyright Agent
523 Ocean Front Walk
Venice, CA 90291
[email protected]
Fax: (310) 943-1793
DisclaimerTHE SERVICES AND THE SNAPCHAT CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE SNAPCHAT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.
Note to International UsersThe Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
Disputes1) IndemnificationBy agreeing to these Terms you agree to indemnify, defend and hold harmless Snapchat, our managing members, shareholders, employees, affiliates, licensors and suppliers (the “Snapchat Parties”) 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 Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.
2) Limitation of LiabilityExcept where prohibited by law, in no event will Snapchat or the Snapchat Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Snapchat has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Snapchat for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Snapchat is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, Snapchat’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
3) ArbitrationPLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SNAPCHAT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and Snapchat agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Snapchat are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Snapchat agree (a) that any arbitration will occur in Los Angeles County, California; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of Los Angeles County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND SNAPCHAT WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
4) Forum and VenueA lawsuit, if any, by you or Snapchat against the other will occur in state or federal court in Los Angeles County, California. You and Snapchat agree that the jurisdiction and venue of these courts is exclusive.
Applicable LawAny dispute between you and Snapchat will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
ServerabilityIf any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Complete AgreementThese Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Snapchat.
Questions and CommentsSnapchat welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting http://support.snapchat.com.
