Product Sales Terms and Conditions
Effective: February 20, 2017
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE IN OUR TERMS OF SERVICE, YOU AND SNAP INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Please read these Product Sales Terms and Conditions (“Terms”) carefully. These Terms form a legally binding contract between you and Snap Inc. Please print a copy of these Terms and keep them for your reference.
These Terms relate to Spectacles and any other products available at Spectacles.com (“Products”). These Terms also govern your use of the software and firmware in any Spectacles you purchase (“Licensed Software”). By submitting your online order to purchase Products, or pairing your Spectacles to Snapchat, you’re agreeing to be bound by these Terms.
You may be asked to agree to these Terms at different times—once when you place an order and again when you pair your Spectacles—so it’s important to know which version you are agreeing to. Whenever you submit an order or pair your Spectacles, you will be bound by the Terms then in effect (which will be posted to our website). But some provisions in the Terms apply exclusively to online orders (we have identified those provisions in the Terms). For those provisions, you will be bound only by the Terms in effect when you placed your order, regardless of whether you later pair your Spectacles when a new set of Terms is in effect.
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 make a purchase and are under the age of majority, you must have the express permission from your authorized parent or guardian.
If you submit an order on behalf of a business, you affirm that you are authorized 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.
1. Your Use of the Products
All Products are sold only for personal, non-commercial use or to give as a gift. You may not purchase Products from us for resale.
a. Spectacles Compatibility and Warnings. Please read our Spectacles Compatibility & Attribution and Spectacles Warnings pages to confirm your device is compatible with Spectacles and to read our product warnings. Lack of compatibility is not a valid claim under the Products Warranty and does not constitute a basis for receiving a refund. Also keep in mind that you’ll need the Snapchat application to download, view, and store the content you create on Spectacles.
b. Third-party products. Any warranties we provide only apply to the Products specifically named in the Products Warranty. We are not responsible for any damage to the Products if you use them with third-party products, and we are not responsible for any damage to third-party products you use with the Products. Please see our Products Warranty for more information on what is and is not covered.
c. Licensed Software Grant. For Spectacles, we grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, non-sublicensable license to use the Licensed Software on the following terms:
This license terminates automatically if you fail to comply with the restrictions described below. You may use the Licensed Software solely as incorporated into the Spectacles and for your personal use. We may provide, and automatically download and install, upgrades, updates, or other new features to the Licensed Software, all of which will be subject to the rights and restrictions of these Terms. You may not, and will not allow any third party to (or facilitate their ability to): (i) alter, modify, adapt, translate, reverse engineer, decompile, or disassemble the Licensed Software (except to the extent applicable laws specifically prohibit such restrictions); (ii) attempt to (a) defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Licensed Software, including any such mechanism used to restrict or control the functionality of the Licensed Software, or (b) derive the source code or the underlying ideas, algorithms, structure, or organization from the Licensed Software; (iii) create derivative works based on the Licensed Software, or any portion thereof; (iv) copy the Licensed Software; (v) remove any proprietary notices or labels on the Products or Licensed Software; or (vi) use the Licensed Software in any manner other than as embedded in the Spectacles.
None of the Licensed Software may be downloaded, exported, or re-exported in contravention of law. The Licensed Software is licensed, not sold, under these Terms. Title, ownership rights, and IP rights in and to the Licensed Software remains in (as applicable) Snap Inc. and its licensors and affiliates.
2. Orders, Pricing, and Shipping
This Section is applicable to online orders only.
a. Orders. We reserve the right to change quantities available for purchase at any time, including after you’ve submitted an order. If you have any questions or notice an error in an order you’ve submitted, please contact us through our Support page.
b. Pricing. We may in our sole discretion change, suspend, or end any service, or modify Product prices prospectively without notice. While we do our best to describe the 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. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
c. Shipping. We offer delivery of Products to valid addresses within the United States. Estimated shipping dates are not guarantees. You’ll need to provide us with your shipping address when you submit your order. We’re not responsible for any errors in what you submit, and we are not obligated to determine correct shipping information if what you’ve submitted is not correct. Please carefully review the shipping address in your order before you submit it, and notify us of errors or omissions as soon as possible.
All items purchased on Spectacles.com are purchased pursuant to a shipment contract. Risk of loss and title for all Products you order from us transfers to you as soon as we deliver the Products to the carrier. If Products arrive damaged or defective, please check our Return Policy and contact us.
3. Payment, Cost, Fees, and Taxes
This Section is applicable to online orders only.
a. Payment Methods. We accept a variety of payment methods, as reflected in the purchase tool. Before you can submit your order you will be required to provide us or our third-party payment processor with a valid payment card number and associated payment information that you are authorized to use. By submitting that information to Snap Inc. or to our third-party payment processor, you authorize Snap Inc. or the payment processor (as applicable) to charge your card or other payment method at our convenience, including as early as at the time you submit your order. We will bill your card or other payment method for the price of the Products you have purchased, plus shipping and taxes as noted in the purchase tool.
b. Cost, Fees, and Taxes. Please confirm that all details of your purchase are correct before submitting your order. If your order is subject to sales taxes or other governmental fees, we may charge you for those taxes or fees at checkout. When you submit your order, you agree to pay Snap Inc. the cost of the Products in your order, along with any taxes and fees as stated in the purchase tool. Failure to pay Snap Inc. the cost stated will result in cancellation of your order.
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.
Your payment will be processed before the Products are sent for delivery. You authorize us or our third-party payment processor to store your payment card information to charge your payment method and handle refunds in connection with your order.
If Snap Inc. does not receive payment from your payment card or other payment method issuer or their agents, you remain obligated and agree to pay all amounts due upon request from Snap Inc. or its agents.
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.
c. Account Codes/Credits. Snap 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 expiration dates, non-transferability, and limitations on the products and services to which they may be applicable.
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. If you elect to pay by using the services of a third-party provider made available in the purchase tool, your use of those services is subject to the third-party provider’s terms and conditions.
YOU ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYMENT METHOD BY A THIRD PARTY.
4. Communications from Us
This Section is applicable to online orders only.
After you submit your order, we’ll email a confirmation to the email address you submitted with your order. That confirmation does not mean we’ve accepted your order. We reserve the right to accept or decline your order for any reason and at any time. We may require additional verifications or information before accepting any order. When we accept your order we’ll confirm that by email too and will provide an estimated shipping date.
We may send you other emails about your order, including about status, payment processing, refunds, and any changes, updates, or cancellations to your order. We may also send you emails about the Products or our other products and services. By submitting your order, you consent to receive from Snap 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 they be in writing.
5. Refunds, Exchanges, Returns, and Cancellations
a. For information about cancelling your order, or processing a refund or exchange, please see our Returns & Exchanges page.
b. Online Orders: Our Right to Cancel. We reserve the right to decline or cancel your order in our sole discretion. If we decline or cancel your order we’ll notify you at the email address you submitted with your order. We may need to decline your order, for example, if the Product you ordered is no longer available, if there is a pricing error, if you live in an area or at an address where we cannot or do not deliver Products, or if we suspect you are purchasing Products to resell them.
If we decline or cancel your order and your payment card has already been charged we will refund the amount we billed you.
6. Your Representations and Warranties
a. You represent and warrant (a) that neither you, nor, if you are a business, any affiliated company, are included on any of the restricted party lists 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; (b) that you (if you are a business) are not owned or controlled by such a restricted party; and (c) that you are not resident in, located in, or organized under the laws of any country with which trade is prohibited by OFAC or other applicable sanctions.
b. You acknowledge that Spectacles are subject to U.S. and other export control, sanctions, import, and customs laws—for example, 15 C.F.R. Parts 730-774 and 31 C.F.R. Parts 500-599 (collectively, “Trade Control Laws”). You agree to comply with Trade Control Laws and will not export, reexport, transfer, or import the Spectacles contrary to Trade Control Laws or for use in any sanctioned countries, by any restricted parties, or for any restricted end uses.
c. Online Orders: You represent and warrant that all information you have provided to Snap Inc. in connection with your order and your purchase is accurate and complete; and you will not use any payment card or other form of payment to purchase a Product unless you have all necessary legal authorization to do so.
If you are submitting an order 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.
7. Your Indemnification to Us
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Snap 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 (i) your use of the Products; (ii) your violation or alleged violation of any laws in connection with your use of the Products; (iii) any fraud or misrepresentation by you; or (iv) any violation or alleged violation of these Terms by you, including any actual or alleged breach of your representations, warranties, and obligations.
8. Disclaimers and Limitation of Liability
In addition to the limitation of liability provisions contained in the Terms of Service and Products Warranty, the following limitations of liability apply to the Licensed Software and the purchase of Products.
a. Licensed Software. NEITHER SNAP INC., SNAP INC.’S LICENSORS OR AFFILIATES, NOR THEIR RESPECTIVE LICENSORS, MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE, AND WITHOUT LIMITING THE FOREGOING, EACH EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO THE LICENSED SOFTWARE. UNDER NO CIRCUMSTANCES WILL SNAP INC., SNAP INC.’S LICENSORS OR AFFILIATES, OR THEIR RESPECTIVE LICENSORS, BE LIABLE TO YOU FOR INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE LICENSED SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
b. Products. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL SNAP INC., SNAP INC.’S LICENSORS OR AFFILIATES, OR THEIR RESPECTIVE LICENSORS, BE LIABLE FOR ANY ACCIDENT, INJURY, DEATH, LOSS, OR OTHER CLAIM RELATED TO OR RESULTING FROM THE MISUSE OF THE PRODUCTS. WE SPECIFICALLY ADVISE YOU AGAINST USING THE SPECTACLES IN A MANNER INCONSISTENT WITH THIS DOCUMENT, OUR WARNINGS, OUR COMPATIBILITY PAGE, AND OTHER ACCOMPANYING DOCUMENTATION. UNDER NO CIRCUMSTANCES WILL SNAP INC., SNAP INC.’S LICENSORS OR AFFILIATES, OR THEIR RESPECTIVE LICENSORS, BE LIABLE TO YOU FOR INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE PRODUCTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
c. The foregoing does not limit our own separate warranty with respect to the Products as set out in the Products Warranty.
9. Governing Law and Disputes Between You and Snap Inc.
These Terms are governed by the Choice of Law provision in our Terms of Service.
ARBITRATION NOTIFICATION: EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE IN OUR TERMS OF SERVICE, YOU AND SNAP 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 SNAP INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
If you submitted an order on behalf of a business, 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.
10. Revising These Terms and Survival of the Terms
a. 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 of the Terms. Please read the Introduction to understand when the new Terms become effective and which Terms you’ll be bound by when you purchase Products or pair your Spectacles.
b. The Introduction, Section 1, and Sections 3-11 of these Terms will survive the termination of these Terms, any order cancellations, and the expiration of the licenses granted in these Terms.
11. 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. 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. Snap 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 Snap Inc.
12. Contact Us
Snap Inc. welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting our Support page. You can also reach out to us with any complaints or feedback at 63 Market Street, Venice, California 90291, U.S.A.
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.