Privacy
Electronic Communication
Trademarks
Content
Your Account
Reviews, Comments, Communications, and other Content
Risk of Loss
Product Description and Prices
Other Links
Disclaimer of Warranties and Limitation of Liability
Applicable Law
Copyright Complaints
Welcome to Polaroid.com. These Terms and Conditions of Use (the “Terms and Conditions”) are a legal agreement between you and PLR Ecommerce, LLC and its affiliates (“Polaroid”) governing your use of Polaroid.com. If you visit or shop at Polaroid.com, you accept these Terms and Conditions. Please read them carefully.
In addition to the Terms and Conditions, you may be subject to other terms and conditions that apply to purchases of goods or to specific portions or features of the website, including contests, promotions or other features. If these Terms and Conditions are inconsistent with the terms posted for or applicable to a particular section of the website, the specific terms related thereto shall control your use of that portion of the website.
If you are under 18, you may use Polaroid.com only with the approval and supervision of a parent or guardian. Polaroid reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Polaroid can amend these Terms and Conditions by posting the amended terms on Polaroid.com, which take effect when we post them. It is your responsibility to check the Terms and Conditions periodically for changes. We may also email updates and reminders of our policies from time to time, unless you have asked us not to send them to you. By continuing to access or use Polaroid.com after any such amendment, you agree to be bound by the terms of the amended Terms and Conditions.
Privacy
Please review our Privacy Policy, which also governs your visit to Polaroid.com, to understand our practices.
Electronic Communication
When you visit Polaroid.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. 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. Any feedback you provide shall be deemed to be non-confidential. You agree that Polaroid shall be free to use such information on an unrestricted basis.
POLAROID and POLAROID & PIXEL and all other trademarks, service marks and logos used and displayed on this website are registered and unregistered trademarks of Polaroid and others. Polaroid’s trademarks and trade dress may not be used in connection with any product or service that is not Polaroid's, or in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Polaroid. All other trademarks not owned by Polaroid that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Polaroid.
Content
All materials on this website, including without limitation text, audio, graphics, user interfaces, visual interfaces, photographs, images, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content") and the arrangement thereof is owned, controlled or licensed by or to Polaroid, and is protected by copyright, trademark, trade dress, patent laws and various other intellectual property rights and unfair competition laws.
You my access and make personal use of this website. No part of the website and no Content may be used, copied, reproduced, republished, uploaded, linked, displayed or distributed in any way to any other computer, website, medium for publication, broadcast or distribution or for any public, business or commercial purpose, without Polaroid's express prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Polaroid without express written consent. You may not use any meta tags or any other "hidden text" utilizing Polaroid's name or trademarks without the express written consent of Polaroid. Any unauthorized use terminates the permission or license granted by Polaroid.
If you would like permission to use any of the Content, please contact us at: PLR Ecommerce, LLC, Attention: General Counsel, 4350 Baker Road, Suite 180, Minnetonka, Minnesota 55343.
Your Account
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, whether or not you have authorized such activities or actions. You will immediately notify Polaroid of any unauthorized use or your account or password.
Polaroid.com is not targeted toward, nor intended for use by anyone under the age of 10. By using Polaroid.com you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or registers for an account on Polaroid.com. We reserve the right to terminate your membership in the event we become aware you are under the age of 18.
Reviews, Comments, Communications, and other Content
You may post reviews, comments, photos, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
For any content you post you grant Polaroid a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Polaroid and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Polaroid for all claims resulting from content you supply.
Polaroid has the right but not the obligation to monitor and edit or remove any activity or content. Polaroid takes no responsibility and assumes no liability for any content posted by you or any third party.
All items purchased on Polaroid.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Description and Prices
Polaroid attempts to ensure that all product descriptions on Polaroid.com are as accurate as possible. However, Polaroid does not warrant that product descriptions, pricing, editorial commentary or other content of this site is accurate, complete, reliable, current, or error-free. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. Polaroid assumes no liability for inaccuracy or incompleteness in its editorial content, user ratings or other content on Polaroid.com.
Consumer reviews and ratings on Polaroid.com are from our users who have elected to post a review on Polaroid.com. As such, these reviews and rating are informative for those wishing to use them, but they do not guaranty any level of performance by a merchant or other third party in any given transaction.
All prices, pictures and descriptions on this website are subject to change. Polaroid maintains no responsibility for inadvertent errors. Please contact 1-800-POLAROID within thirty (30) days regarding price or promotion discrepancies.
All products listed on Polaroid.com are sold by Polaroid’s licensees or other third-parties, not by Polaroid. You acknowledge that Polaroid does not sell or resell the products listed on Polaroid.com, nor is Polaroid acting as an agent of sale. We are merely making it easier for you to buy from Polaroid licensees and other third-parties that chose to offer goods using Polaroid.com. You acknowledge that Polaroid disclaims any responsibility for or liability related to such products.
Other Links
We may provide links to the sites of affiliated companies, licensees and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Polaroid does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Polaroid does not approve, endorse or recommend such website. You will need to make your own independent judgment regarding your use and interaction with this websites.
Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY POLAROID ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. POLAROID MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POLAROID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POLAROID DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; ITS SERVERS; OR E-MAIL SENT FROM POLAROID ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POLAROID WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Polaroid.com, you agree that the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Polaroid. You agree to the personal jurisdiction and venue in the state and federal courts located in Hennepin County, Minnesota, and waive any objection to such jurisdiction or venue.
Copyright Complaints
If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Site, we will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3). You should send any notice of infringement relating to the website or any materials uploaded or displayed on Polaroid.com to our designated copyright agent. If you decide to send us any such notice, you must:
- identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed;
- provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
- include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- include a statement by you that the information contained in your notice is accurate and that you attest, under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf; and
- include your name, mailing address, telephone number and email address.
You may submit your notice of alleged copyright infringement to our designated copyright agent by fax, mail, or email as set forth below:
Colleen Sarenpa, Copyright Agent
PLR Ecommerce, LLC
4350 Baker Road, Suite 180
Minnetonka, Minnesota 55343
Telephone: 952-641-1031
Facsimile: 952-641-1035
Email: copyrightagent@polaroid.com
Please note that you may be liable for damages, including court costs and attorneys’ fees, if you submit a notice in accordance with the above paragraph and you materially misrepresent that content on the website is infringing. Upon receiving a proper notice as described in the paragraph above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA statutory counter notification procedure described in the paragraph below, which the alleged infringer may respond to your claim and request that we restore his or her material.
If you believe your own copyrighted material has been removed by us from the website as a result of mistake or misidentification, you may submit a written counter notification to our designated copyright agent pursuant to 17 U.S.C. § 512(g)(2) and (g)(3). To be effective under the DMCA, your counter notification must include substantially the following:
- identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found;
- a statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent;
- your name, address and telephone number;
- a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
You may submit your counter-notification to our designated copyright agent by fax, mail, or email as set forth below:
Colleen Sarenpa, Copyright Agent
PLR Ecommerce,LLC
4350 Baker Road, Suite 180
Minnetonka, Minnesota 55343
Telephone: 952-641-1031
Facsimile: 952-641-1035
Email: copyrightagent@polaroid.com
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees. If you send us a valid, written counter notification meeting the requirements described in the foregoing paragraph, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your counter notification, unless our designated agent first receives notice from the party filing the original notification of alleged copyright infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
