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FilterPop Geofilter Terms and Conditions

Effective: March 12, 2017

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND LOCATIONPOP, INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND LOCATIONPOP, INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Introduction

Please read these Geofilter Terms and Conditions (“Terms”) carefully. These Terms govern your purchase of a FilterPop Geofilter (a “Geofilter”) from LocationPop, Inc. These Terms include details about payment, refunds, and cancellations.

Please print a copy of these Terms and keep them for your reference.


1. The Basics

When you submit your order to buy a Geofilter, you’re asking LocationPop, Inc. to let users of the Snapchat application put the Geofilter on their Snaps in a particular place (a “Geofence”) for a particular period of time. You’ll design the proposed Geofilter with creative assets you choose, and submit it as an image file for our review. LocationPop, Inc. may allow you to edit or replace the image file after submission (the initial image file, and any edits or replacements, are collectively called the “Asset”); additional charges may apply and we will notify you of any additional charges in the purchase tool before you submit your order. The version of these Terms posted on the website when you submit an Asset will apply to that submission. You’ll grant LocationPop, Inc. and its affiliates a license to use and copy the Asset both to distribute the Geofilter and in other ways, including those described in these Terms. And you’ll indicate whether you’re buying a personal or business Geofilter.

These Terms spell out all these steps and include other important provisions. These Terms form a legally binding contract between you (or your organization) and LocationPop, Inc.; by submitting the Asset and submitting your order, you’re agreeing to be bound by these Terms.

You affirm that you are at least 18 years old (or the age of majority where you live) and are competent and authorized to agree to and abide by these Terms. If you want to buy a Geofilter and are under the age of majority, you must have your parents’ express permission.

If you are submitting a Geofilter on behalf of a business, you affirm that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business. You agree that the terms “you” and “your,” as used throughout these Terms, apply to both you and the business, as applicable.

If you are submitting a Geofilter on behalf of a business, we may give you the ability to establish an enterprise account. Each enterprise account will be subject to our enterprise account terms and conditions.

LocationPop, Inc. will provide you the option to run the Geofilter for a prescribed period of time. We also may provide you the option to run the Geofilter on an automatically renewing basis. See Section 4 for details.

As part of the purchase process, you’ll be asked to submit the Asset for our review. You acknowledge and agree that LocationPop, Inc. may determine, in its sole discretion, whether the Asset will be made available as a Geofilter.

2. Your License to LocationPop, Inc.

You grant LocationPop, Inc. and its affiliates a non-exclusive, unrestricted, unconditional, unlimited, transferable, sublicensable, irrevocable, royalty-free, worldwide license to archive, copy, cache, encode, store, reproduce, record, sell, sublicense, distribute, transmit, broadcast, synchronize, adapt, edit, modify, publicly display, publicly perform, publish, republish, promote, exhibit, create derivative works based upon, and otherwise use the Asset on or in connection with the Services and the advertising, marketing, and promotion thereof, in all formats, on or through any means or media now known or hereafter developed, and with any technology or devices now known or hereafter developed. This license includes the right for LocationPop, Inc. and its affiliates to make the Asset available to Snapchat users, for sharing among Snapchat users, and for saving to their devices. The license to make the Asset available to Snapchat users as a Geofilter within the Services extends 31 days following the date when the Geofilter run time on the Services ends, in order to allow us to deliver unopened Snaps that include the Geofilter. The license extends perpetually for the limited purposes of advertising, marketing, and promoting the Services, and, for Personal On-Demand Geofilters, for Memories on Snapchat.

You acknowledge and agree that Snapchat users may be able to save, share, and view Snaps incorporating the Geofilter during and beyond the Geofilter’s run time. You acknowledge that Snapchat users may use the Asset for purposes or in ways other than you anticipated. You agree that such uses constitute user-generated content for which neither LocationPop, Inc. nor its affiliates bear any responsibility. You agree that neither LocationPop, Inc. nor its affiliates are liable for any claims or losses based on or arising from any user-generated content, including but not limited to user-generated content that makes use of the Asset, whether within the Services or beyond.

In the event that you incorporate your or any third party’s name, logo, trademark, service mark, likeness, or image (collectively, “Additional Elements”) into the Asset, you agree that this license applies to all Additional Elements.

You acknowledge and agree that LocationPop, Inc. and its affiliates own all rights in the geofilter product and in any creative tools we may make available to you to create your Asset (such as templates or Bitmojis). We will acquire no ownership rights in the Asset or Additional Elements except as otherwise provided in these Terms.

You agree that neither LocationPop, Inc. nor its affiliates are under any obligation to pay you or any third party any consideration or compensation for the Asset or any use of the Asset. To the extent permissible under law, you irrevocably waive—or agree not to assert against LocationPop, Inc. and its affiliates to the extent a waiver is not permitted—any moral rights or equivalent rights you may have in the Asset throughout the world. You agree that LocationPop, Inc. may in its discretion resize, set the transparency of, and make other alterations to the Asset.

If we make the Asset available on the Services, you acknowledge and agree that we have the right (but no obligation) to publicly attribute the Asset to you, including by posting your name and city, state, and country, as submitted by you or as tied to your Snapchat account.

3. Asset Content Restrictions

The Asset must comply with our Community Guidelines. Anything prohibited as ad content, such as excessive alcohol imagery or profanity, by us is prohibited as a Geofilter, and anything restricted as an ad is restricted as a Geofilter. For inquiries about buying a Geofilter that includes a product listed in the restricted ads category, contact support@filterpop.com.

LocationPop, Inc. may provide you the option to age-target the Geofilter. This means we may make the Geofilter available only to those Snapchat users who we reasonably believe fall within the age range you select in the purchase tool. You acknowledge and agree that Snapchat users who apply age-targeted Geofilters to their Snaps will be able to send those Snaps to other Snapchat users without age restriction. If the content of the Geofilter requires age-targeting by law, rule, regulation, or industry standards in the region where the Geofilter will run, you are responsible for selecting the correct age in the purchase tool, and we will not be liable if you fail to do so. If a required age-targeting option is not available, do not submit the Geofilter.

4. Orders, Pricing, and Availability

a. Orders. We’ll indicate in the purchase tool the first date when the Geofilter could start to run.

We may offer you the option to have the Geofilter run on an automatically renewing basis, with recurring billing as indicated in the purchase tool. If you select this option, the Geofilter may run until modified or cancelled. You may modify or cancel the Geofilter, or decline to renew the automatically renewing Geofilter, through your account settings or by contacting support@filterpop.com.

b. Pricing. We price Geofilters in our discretion based on a number of factors, including how long and over how large an area you want the Geofilter to run. You can see the price adjust as you manipulate the size, location, and run time for the Geofilter in the purchase tool. We may also offer an option that lets you more generally select a location and time to run a Geofilter, leaving it to us to define the Geofence, duration, and price. We may change, suspend, or end any service or modify prices prospectively in our discretion. You’ll always see the final purchase price before you click to submit your order and enter into a contract with us. For automatically renewing Geofilter purchases, we will notify you in advance of any price changes that will take effect at the beginning of the next renewal period. To the extent permitted by local law, you are deemed to accept the then-current price if you do not cancel the renewal in accordance with the cancellation policy then in effect. If you do not wish to accept the renewal or the price change, you may cancel prior to the renewal going into effect. Please be sure to carefully read any notifications we send regarding changes to price, these Terms, and any other offers.

c. Availability. LocationPop, Inc. does not guarantee Geofilter availability over all areas. Keep in mind that we may, and likely will, run multiple filters over any one location. We reserve the right in our discretion to block certain areas without notice. Please refer to Section 8 for information relating to refunds and cancellations.

5. Our Review of the Proposed Geofilter

When you submit your order along with an Asset, that doesn’t mean the Geofilter will be made available on the Services. LocationPop, Inc. may reject a proposed Geofilter if it violates the Asset Content Restrictions in Section 3, or for any other reason in our discretion. If we reject the Geofilter and your payment method has already been charged, we’ll refund the purchase price. Refunds and cancellations are described below.

6. Your Purchase and Payment

a. Payment Methods. LocationPop, Inc. accepts a variety of payment methods, as reflected in the purchase tool. Before you can submit your order for a Geofilter, you may be required to provide us or our third-party payment processor with a valid payment card number and associated payment information, including any or all of the following: (i) your name as it appears on the card; (ii) the credit or debit card type; (iii) the card’s expiration date; (iv) any activation numbers or codes needed to charge your card; and (v) the billing address or zip code or postal code associated with the card. By submitting that information to LocationPop, Inc. or to our third-party payment processor, you authorize LocationPop, Inc. or the payment processor (as applicable) to charge your card at our convenience. We will bill your card for the price of the Geofilter you have purchased. In the event the charge does not go through, you may be able to re-submit a payment method before the Geofilter is scheduled to run. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering. For automatically renewing Geofilters, we’ll charge your payment method at the renewal time unless the Geofilter is modified, cancelled, or you decline to renew the Geofilter.

b. Account Codes/Credits. LocationPop, Inc. may on occasion provide a code or credit in an amount determined by us. These codes and credits will be subject to additional terms and restrictions that we will provide to you, including, without limitation, expiration dates, non-transferability, and limitations on the products and services to which they may be applicable.

c. Cost, Fees, and Taxes. Please confirm that all details of your purchase are correct before submitting your order. When you submit your order, you agree to pay LocationPop, Inc. the cost of the Geofilter, any surcharges as stated in the purchase tool, and, in the case of automatically renewing Geofilters, the then-current price at the time of renewal (unless the Geofilter is modified, cancelled, or you decline to renew the Geofilter). Failure to pay LocationPop, Inc. the cost stated will result in termination of the Geofilter.

You agree to pay all fees and charges incurred in connection with your purchase, at the rates in effect when the charges were incurred. For example, if you purchase with a payment card issued through a bank based outside the United States, your bank may charge you foreign transaction fees and other similar fees.

United States sales and use taxes are not included in the total purchase price shown in the purchase tool. To the extent the Geofilter is subject to sales or use taxes in the United States, LocationPop, Inc. will pay such taxes and remit them to the appropriate taxing authority.

Your payment will be processed before the Geofilter is scheduled to run. If you are paying by payment card, we or our third-party payment processor may run one or more payment card authorization checks on your card before then. You authorize us or our third-party payment processor to store your payment card information and, if needed, to continue billing your card until the Geofilter run time has expired to avoid interruptions in running the Geofilter.

If LocationPop, Inc. does not receive payment from your payment card issuer or its agent, you agree to pay all amounts due upon request from LocationPop, Inc. or its agents.

d. Other Payment Terms. Your payment card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder.

YOU ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYMENT CARD BY A THIRD PARTY.

Unless you notify us of any discrepancies within 60 days after they first appear on your payment card or other payment statement, you agree that they will be deemed accepted by you.

7. Communications from Us

When you submit your order to purchase a Geofilter, we’ll email a confirmation of your purchase request to the email address(es) tied to your FilterPop account or enterprise account, as applicable. That confirmation does not mean we’ve accepted your purchase request. We reserve the right to accept or decline your request for any reason and at any time, including after the Geofilter has started to run. We may require additional verifications or information before accepting any order.

We may send you and, if applicable, other users of your enterprise account, other emails about the Geofilter order, including about status, payment processing, refunds, price changes for automatically renewing Geofilters, and any changes, updates, or cancellations to your order. We may also send emails about the Geofilter product or our other products or services. By purchasing the Geofilter, you consent to receive from LocationPop, Inc. and our affiliates the email communications described in these Terms.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

8. Cancellations and Refunds

a. Our Right to Cancel. LocationPop, Inc. reserves the right to reject or cancel the Geofilter at any time, including after the Geofilter has started to run, because Snapchat blocked a certain area (see Section 4), because you or the Geofilter violate our terms or guidelines (see Sections 3 and 5), because payment is not completed, or for any other reason in our discretion. Moreover, while we do our best to describe our products as accurately as possible, we do not warrant that specifications or pricing are complete, accurate, current, or error-free. In the event of any pricing or specification error, we have the right to refuse or cancel your order in our sole discretion. If we reject your order and your payment card has already been charged but the Geofilter has not run, we will refund the purchase price. If we cancel your order for an automatically renewing Geofilter, you will not be charged for that Geofilter after the date of cancellation. Refunds for cancellations are addressed below.

b. Your Right to Cancel. You may cancel the Geofilter within 24 hours after you submit your order. To cancel, contact support@filterpop.com, or use any “cancel” functionality made available to you by LocationPop, Inc. on your account page. If you cancel the Geofilter, you may be eligible for a full or partial refund, as described in these Terms.

c. Refunds. If you or we cancel the Geofilter before it runs on the Services, you’ll receive a refund of payments you already made for that Geofilter in an amount that we choose at our discretion. Other than for automatically renewing Geofilters, if you or we cancel the Geofilter while it’s running, we may provide a partial refund so that you’ll only pay for the time the Geofilter ran. Refunds for cancellations of automatically renewing Geofilters are governed by the additional terms you agreed to at the time of purchase. For all refunds to payment cards, please allow 10-15 business days for the funds to appear in your account.

You agree that, if we cancel all or a portion of your order, your sole and exclusive remedy is either: (i) we’ll issue a credit to the payment method used for that order in an amount equal to the cancelled portion of the order; or (ii) we won’t charge you for the cancelled portion of the order. As stated above, you’ll be responsible for, and your payment method may be charged for, all fees associated with orders already processed before your cancellation was received.

d. Survival of Terms. The Introduction and Sections 2, 6-8, 12, 13, 16, and 18-20 of these Terms will survive the termination of these Terms and the expiration of the licenses granted in these Terms

9. Delivery of the Geofilter

If we accept your order we will make the Geofilter available as requested by you in your submission, unless we cannot do so for reasons outside of our control or for other reasons as described in these Terms. We do not guarantee perfect delivery, and we do not guarantee that any Snapchat users will choose to use the Geofilter. Some Snapchat users within the Geofence may not see the Geofilter, and some outside the Geofence may see the Geofilter. Accuracy of delivery depends in part on the strength of a Snapchat user’s GPS or Wi-Fi signal. Snapchat users with location services or filters disabled will not see the Geofilter.

10. Business Filters and Advertising

Before you submit the Asset, you may be asked whether the Geofilter is personal or for a business. Click “business” (a) if you’re submitting the Asset on behalf of a business; (b) if the Asset includes any branding, logos, or business marks or names; or (c) if the Asset promotes a business or brand. We refer to Geofilters that include these types of Assets as “Business On-Demand Geofilters.” We refer to other Geofilters as “Personal On-Demand Geofilters.” You agree that you will not use any branding, logos, or business marks or names, or promote a business or brand, in any Personal On-Demand Geofilter. When submitting an Asset for a Business On-Demand Geofilter, you agree to include the accurate business name.

LocationPop, Inc. may in its sole discretion apply a label or disclosure to notify Snapchat users that the Geofilter is a purchased product. For example, the word “sponsored” or some similar word or phrase may appear on the Geofilter when users first see it. That’s one reason it’s very important that you click “business” if the Geofilter in fact promotes a business or brand. LocationPop, Inc. may in its sole discretion include in that label or disclosure the name you provided in the purchase tool. You, not we, are responsible for including any legally required advertising disclosure in the Geofilter.

LocationPop, Inc. may, without compensation to you or others, serve or otherwise place ads near the Geofilter. For example, Snapchat users swiping to see Snapchat’s filter offerings may see a branded or sponsored Geofilter before or after the Geofilter, or a Snapchat user may apply the Geofilter to their content and that content may include or be followed or preceded by an ad or other branded or sponsored content within the Services.

11. Promotions

If you use the Geofilter or any part of the Services as part of a sweepstakes, contest, offer, or other promotion (each, a “Promotion”), you are solely responsible for complying with all laws wherever your Promotion is offered, as well as with our Promotions Rules. Unless we expressly agree otherwise in writing, LocationPop, Inc. will not be a sponsor or an administrator of your Promotion.

12. Your Representations and Warranties

You represent and warrant that (a) you have all rights and any necessary consents to license the Asset, including any Additional Elements incorporated into the Asset, to LocationPop, Inc. and its affiliates; (b) the Asset does not violate these Terms or our Community Guidelines, Advertising Policies, or On-Demand Geofilter Submission Guidelines; (c) the Asset does not, and its use in connection with the Services will not, violate, misappropriate, or infringe any patent, copyright, trademark, privacy, or publicity rights, or any other rights of any person or entity; (d) you have not assigned, licensed, or otherwise encumbered the Asset to any other person or entity; (e) the Asset complies with laws and is suitable for audiences ages 13 and up (or the ages you’ve age-targeted via the purchase tool, if applicable); (f) the Asset does not, and will not, defame, bully, cause injury or harm to, or inflict emotional distress on, any third party; (g) any and all information you have provided to LocationPop, Inc. in connection with the Asset and your purchase is accurate and correct; and (h) you will not use any payment card or other form of payment to purchase a Geofilter unless you have all necessary legal authorization to do so. In the event LocationPop, Inc. approves and uses the Asset, such approval will not diminish or waive your representations and warranties contained in these Terms.

You further represent and warrant that neither you nor, if you are a business, any affiliated company, are included on any restricted party list 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; that you (if you are a business) are not owned or controlled by such a restricted party; and that you are not resident or located in any country with which trade is prohibited by OFAC or other applicable sanctions.

If you are submitting a Geofilter on behalf of a business, you further represent and warrant that you are an authorized representative of the business with the authority to bind the business to these Terms and agree on behalf of the business to be bound by these Terms.

13. Your Indemnification to Us

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless LocationPop, Inc., 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) our use and Snapchat users’ use of the Asset, including the Additional Elements, if any, in connection with the Services; (b) your use of the Services and your activities in connection with the Services; (c) your violation or alleged violation of any laws in connection with your use of the Services or your activities in connection with the Services; (d) any claim that the Asset infringes, violates, or misappropriates any copyright, trademark, trade secret, design right, trade dress, patent, publicity, privacy, or other right of any person or entity; (e) any fraud or misrepresentation by you; or (f) any violation or alleged violation of these Terms by you, including any actual or alleged breach of your representations, warranties, and obligations.

14. Account Security

To submit an Asset, you may need to log in to the Geofilter purchase tool with your FilterPop account. You may not use another FilterPop user’s account without permission. Neither LocationPop, Inc. nor its affiliates will be liable for losses caused by any unauthorized use of your Snapchat account. You may be liable to LocationPop, Inc. or others for losses caused by such unauthorized use.

15. No Agency Relationship

Nothing in these Terms will be construed to imply a joint venture, principal-agent, or employment relationship between you and LocationPop, Inc.

16. Governing Law and Disputes Between You and LocationPop, Inc.

These Terms are governed by the Choice of Law provision of our Terms of Service.

ARBITRATION NOTIFICATION: EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE IN OUR TERMS OF SERVICE, YOU AND LOCATIONPOP, INC. 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 Clause in our Terms of Service, which REQUIRES YOU AND LOCATIONPOP, INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

If you have purchased a Personal On-Demand Geofilter, the Arbitration Clause in our Terms of Service will apply. If you have purchased a Business On-Demand Geofilter, the Arbitration Clause in our Terms of Service will apply, except that the AAA Commercial Arbitration Rules will govern the arbitration instead of the AAA Consumer Arbitration Rules.

17. Respecting Copyright

If you need to report suspected copyright infringement in a Geofilter, please see the Respecting Copyright provision of our Terms of Service.

18. Disclaimer of U.C.C. and U.N. Convention Terms

You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods and Article 2 of the Uniform Commercial Code.

19. Changes to These Terms

From time to time, we may revise these Terms. You can determine when these Terms were last revised by referring to the “Effective” date at the top. Any changes to these Terms will become effective when we post the updated Terms on our website, and will apply to any Geofilters you purchase after that time. By purchasing or renewing a Geofilter after these Terms have been updated, you will be deemed to have agreed to the updated Terms. If at any time you don’t agree to any portion of these Terms, don’t purchase a Geofilter.

If you have any questions about these Terms, contact support@filterpop.com.

20. Final Terms

These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. If any provision of these Terms 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 these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). 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. LocationPop, Inc. may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of LocationPop, Inc. These Terms were written in English and to the extent the translated version of these Terms conflicts with the English version, the English version will control.

21. Contact Us

LocationPop, Inc. welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting https://www.filterpop.com/contact. You can also reach out to us with any complaints or feedback at the following points of contact:

Mailing address: 1447 2nd Street Suite 200 Santa Monica, CA 90401, U.S.A.

Email: support@filterpop.com

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.