Branded Content Discovery Feature Creator Terms of Use
These Branded Content Discovery Feature Creator Terms of Use (“Discovery Feature Creator Terms”) govern Creators’ use of the Branded Content Discovery Feature. By using the Branded Content Discovery Feature, you agree that you are a Creator bound by these Discovery Feature Creator Terms. Please read these Discovery Feature Creator Terms carefully.
The Branded Content Discovery Feature allows Business Partners to identify and connect with creators like you who are seeking BC Deals (“Creators”). The following definitions apply to these Discovery Feature Creator Terms.
Branded Content means content that meets the definition of “branded content” contained in the Instagram Branded Content Policies.
Branded Content Discovery Feature means the Instagram feature through which Business Partners and Creators seeking branded content partnerships can connect and communicate.
Business Partner means a person or entity seeking to enter one or more BC Deal(s) with a Creator.
BC Deal means a deal or partnership between a Creator and a Business Partner (a) entered into as a result of or through use of the Branded Content Discovery Feature; and (b) by which a Creator promotes the Business Partner’s brand and/or product(s) on Instagram in exchange for something of value.
Facebook, FB, we, our, or us means Facebook Inc., Facebook Ireland Limited, or any related Facebook entity.
  1. Your use of the Branded Content Discovery Feature is subject to, and you agree to comply with, the (a) Instagram Partner Monetization Policies, (b) Instagram Content Monetization Policies, (c) Instagram Branded Content Policies, and (d) IG Creator Incentive Terms (where applicable).
  2. The Branded Content Discovery Feature is a neutral forum where you and Business Partners can connect. Although Facebook makes the Branded Content Discovery Feature available to you and Business Partners, Facebook is not a party to interactions between you and Business Partners relating to the Branded Content Discovery Feature, including any agreements ultimately entered into by you and Business Partners with whom you connect via the Branded Content Discovery Feature. Facebook does not endorse any Branded Content Discovery Feature user, project or service. You should always exercise due diligence and care when deciding whether to agree to a project, work with a Business Partner, perform or enter into an agreement, or communicate or interact with other Branded Content Discovery Feature users, whether online or in person.
      1. You expressly acknowledge and agree that:
        1. Business Partners are not our employees, agents, or representatives;
        2. we do not, in any way, supervise, direct, or control the performance of any BC Deal;
        3. we are not responsible, and will not have any liability or obligations, for any acts or omissions by you, a Business Partner, or any other users related to performance of a BC Deal;
        4. we make no representations or warranties as to the reliability, capability, or qualifications of any Business Partners, or the truth, accuracy, completeness, existence, quality, security, suitability, currency, or legality of any Service, or information provided by any Business Partner in connection with the Branded Content Discovery Feature (including any promises, agreements, or terms thereof between you and any Business Partner which are entered into as a result of using the Branded Content Discovery Feature); and
        5. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATING TO ANY OF THE FOREGOING, AND ANY AND ALL REPRESENTATION AND WARRANTIES REGARDING THE BRANDED CONTENT DISCOVERY FEATURE, AND ANY REQUESTS, PROJECTS, SERVICES, AND CONTRACTUAL RELATIONSHIPS ARISING FROM THE USE OR RELATED TO THE BRANDED CONTENT DISCOVERY FEATURE. YOU ACKNOWLEDGE THAT THE INFORMATION THAT YOU PROVIDE THROUGH THE BRANDED CONTENT DISCOVERY FEATURE WILL BE USED BY BUSINESS PARTNERS TO EVALUATE THEIR DESIRE TO PARTICIPATE IN A PROJECT OR PROVIDE SERVICES. YOU AGREE NOT TO PRESENT FALSE, MISLEADING, OR INACCURATE INFORMATION TO OTHER USERS. WE RESERVE THE RIGHT, BUT DO NOT HAVE AN OBLIGATION, TO UPDATE, CHANGE, OR REMOVE INFORMATION FROM ACCOUNTS ON THE BRANDED CONTENT DISCOVERY FEATURE. WE ALSO RESERVE THE RIGHT TO TERMINATE OUR RELATIONSHIP WITH YOU SHOULD ANY INFORMATION PROVIDED BE FOUND TO BE FALSE, MISLEADING, OR INACCURATE.
  3. With respect to any content resulting from or related to the Branded Content Discovery Feature, you agree to comply with all applicable laws and regulations, including by ensuring that you provide all necessary disclosures for that content. You also expressly represent that you own or have obtained all necessary rights to any content you make available for use in branded content (as defined in the Instagram Branded Content Policies).
  4. You may not represent yourself as an agent, employee, affiliate, or any other kind of representative of Facebook or make any representation, warranty or guarantee by or on behalf of Facebook. Facebook and you are entering into these Discovery Feature Creator Terms as independent contractors, and nothing in these Discovery Feature Creator Terms will be construed to create a partnership, joint venture, agency, or employment relationship between us.
  5. Your acceptance of these Discovery Feature Creator Terms does not guarantee entry into a BC Deal or any particular outcome resulting from your use of the Branded Content Discovery Feature.
  6. We reserve the right to provide or restrict your access to the Branded Content Discovery Feature, or to terminate the Branded Content Discovery Feature, in our sole discretion at any time and for any reason.
  7. You represent and warrant that: (i) you are 18 years old or older, and you have the full right and power to agree to these Discovery Feature Creator Terms and to perform your obligations hereunder; and (ii) the performance of your obligations hereunder will not conflict with any obligations you may have to any other party.
  8. You agree to receive electronic communications regarding the Branded Content Discovery Feature, BC Deals, and other related topics. You also agree to receipt of such communications through in-app communications, via the e-mail address provided to us, or by mail at the street address that you provided to us. Website and email notices shall be deemed received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three (3) business days of the date sent.
  9. You agree to comply with any product-specific terms and policies that we make available to you (online or, prior to being made available online, as separately provided to you) and that such terms and policies will also apply to your use of the Branded Content Tool.
  10. These Discovery Feature Creator Terms supplement and amend FB’s standard Beta Testing Terms, including all terms referenced therein (“Testing Terms”) (as supplemented and amended by these Discovery Feature Creator Terms). Terms not otherwise defined herein have the meaning given in the Testing Terms. The Testing Terms (for clarity, including the Online Terms) are incorporated herein by reference and apply to your access to and use of the Branded Content Discovery Feature. For the avoidance of doubt, (a) these Discovery Feature Creator Terms are part of your use of the Branded Content Discovery Feature for purposes of the Testing Terms, and (b) your use of the Branded Content Discovery Feature is part of your use of “Facebook Products” or “Products” for purposes of the Online Terms. You further agree that your use of any Facebook Products other than the Branded Content Discovery Feature, even if used in connection with the Branded Content Discovery Feature, will continue to be governed by the Online Terms (and not these Discovery Feature Creator Terms), unless otherwise agreed in writing signed by an authorized representative of each respective party. In the event of any conflict between these Discovery Feature Creator Terms and the Testing Terms, these Discovery Feature Creator Terms will govern, solely with respect to your testing and use of the Branded Content Discovery Feature hereunder, and solely to the extent of the conflict. These Discovery Feature Creator Terms are FB Confidential Information under the Testing Terms. These Discovery Feature Creator Terms, including the Testing Terms, constitute the entire agreement between the parties regarding the subject matter hereof, and supersede any and all prior or collateral negotiations, proposals, agreements and understandings regarding the same, whether oral or written. We reserve the right to monitor or audit your compliance with these Discovery Feature Creator Terms and to update these terms from time to time at our discretion, and your continued use of the Branded Content Discovery Feature constitutes acceptance of those changes.
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