These Terms and Conditions of Use (the "Terms of Use") apply to the Polaroid Corporation (“Polaroid”) website located at www.polaroid.com/pogo, and all associated sites linked to www.polaroid.com/pogo by Polaroid (the “Website”). By using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") whether you are a “Visitor” (which means that you simply browse the Website) or a “Member” (which means that you have registered with Polaroid). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page these Terms of Use's effective date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website. It is your responsibility to regularly review these Terms of Use.

ELIGIBILITY
You must be thirteen (13) years of age or older to register on the Website. If you are under the age of 13, you are not allowed to register and become a Member on the Website. Membership is void where prohibited. By using the Website, you represent and warrant that you agree to and shall abide by all of the terms and conditions of this Agreement. Polaroid may terminate your Membership if we believe you are under 13 years of age.

TERM
You may deactivate your Membership at any time, for any reason, by following the instructions on the Members Account Settings page. Polaroid may terminate your Membership at any time, without warning. Upon termination of your Membership, Polaroid’s obligations to you shall cease. However, even after Membership is terminated, this Agreement will remain in effect.

MEMBER CONDUCT
You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Website by electronic or other means for purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Website or for any other purpose. You further agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. In addition, you agree not to use the Website to:

1. Upload, post, email, transmit or otherwise make available any content that we deem to be patently offensive, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
2. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
3. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
4. Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, "Trojan Horses," or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. Intimidate or harass or advocate harassment of another;
6. Use or attempt to use another’s account, service or system without authorization from Polaroid, or create a false identity on the Website;
7. Exploit people in a sexual or violent manner;
8. Provide nudity, violence, or offensive subject matter or provide a link to an adult website;
9. Solicit personal information from anyone under 18 years of age;
10. Provide any telephone numbers, street addresses, URLs or email addresses;
11. Promote information that you know is false or misleading or promotes illegal activities or conduct that is defamatory or libelous;
12. Promote an illegal or unauthorized copy of another party’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or unauthorized/illegal file sharing.
13. Solicit passwords or personal identity information for commercial or unlawful purposes from other users;
14. For band and filmmaker profiles, use sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile;
15. Solicit money from others.

PROPRIETARY RIGHTS IN CONTENT ON WEBSITE
All content on the Website, including but not limited to design, text, graphics, audio, user interfaces, visual interfaces, photographs, images, trademarks, logos, sounds, music, artwork computer code, organization, compilation, and the selection and arrangement of all of the foregoing (the "Content"), are the proprietary property of Polaroid or its licensors. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Polaroid’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Website are either trademarks or registered trademarks of Polaroid or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Polaroid.

COPYRIGHT INFRINGEMENT NOTIFICATION
If you believe that you have been defamed in some manner by the Site or your own work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information in writing: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number and email address; (b) a description of the defamatory material, or the copyrighted work that you believe has been infringed, and a description of where the material that you claim is defamatory or infringing your rights is located on the Site; (c) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (d) a statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed party or the copyright owner or authorized agent to act on the copyright owner's or allegedly defamed person's behalf.

Petters' Copyright Agent to receive the foregoing information related to copyright infringement or defamation on the Site is:

General Counsel
c/o Petters Group Worldwide, LLC
4400 Baker Road
Minnetonka, MN 55343-8684
By email: legal@polaroid.com
By phone: +1-952-936-5000

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability.

COUNTER-NOTIFICATION
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

A. A physical or electronic signature of the subscriber.

B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

C. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

D. The subscriber’s name, address, and telephone number, and a statement that the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
Polaroid Corporation
Attn: General Counsel
4400 Baker Road
Minnetonka, Minnesota 55343
Email: legal@pettersgroup.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

LINKS TO OTHER WEBSITES
The Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through the Website does not imply approval or endorsement of the linked website by us. When you access these third-party sites, you do so at your own risk.

CONTESTS
The Website may periodically contain contests, sweepstakes and/or promotions that offer prizes or invite you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.

PRIVACY
Use of the Website is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

MONITORING
As a matter of policy, Polaroid does not prescreen or monitor all content or dialogue. However, Polaroid shall have the right, but not the obligation, to monitor the content of the Website and its related services, including any chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Polaroid and to satisfy any law, regulation or authorized government request. Polaroid shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website and its related services. Without limiting the foregoing, Polaroid shall have the right to remove any material that Polaroid, in its sole and absolute discretion, finds to be in violation of the provisions hereof or otherwise objectionable and terminate any account it deems warranted.

DISCLAIMER
Polaroid is not responsible for any incorrect or inaccurate Content posted on the Website, whether posted or caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Website. Polaroid is not responsible for the conduct, whether online or offline, of any user of the Website or Member. The Website may be temporarily unavailable from time to time for maintenance or other reasons. Polaroid assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Polaroid is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web. Under no circumstances will Polaroid be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website, any Content posted on or through the Website or transmitted to Members, or any interactions between users of the Website or Members, whether online or offline. POLAROID AND THE CONTENT ARE PROVIDED "AS-IS, AS-AVAILABLE" AND POLAROID DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. POLAROID CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE.

LIMITATION OF LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL POLAROID BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF POLAROID IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, POLAROID'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO POLAROID DURING THE TERM OF MEMBERSHIP. 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 MAY HAVE ADDITIONAL RIGHTS.

GOVERNING LAW AND VENUE
The parties agree that this Agreement shall be governed by the laws of the State of Minnesota, USA, without regard to conflict of law provisions, and the parties agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Minnesota, city of Minneapolis. Either Polaroid or you may demand that any dispute between Polaroid and you about or involving Polaroid must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Minneapolis, Minnesota, USA, provided that the foregoing shall not prevent Polaroid from seeking injunctive relief in a court of competent jurisdiction.

INDEMNITY
You agree to indemnify and hold Polaroid, its subsidiaries, and affiliates, and their respective officers, agents, partners, employees, successors and assigns (each an “Indemnitee”) harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website is alleged to violate the rights of a third party. In the event you fail to promptly indemnify and defend such claims and/or pay the expenses of such Indemnitee, as provided above, such Indemnitee shall have the right to defend itself, and in that case, you shall reimburse such Indemnitee for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of such Indemnitee’s written requests.

OTHER
These Terms of Use, together with the Privacy Policy and any other policies of Polaroid posted by us on the Website, constitute the entire agreement between you and Polaroid regarding the use of the Website, superseding any prior agreements between you and Polaroid relating to your use of the Website. The failure of Polaroid to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

QUESTIONS
Please visit our Help page for more information. For web posting, reprint, transcript or licensing requests for the Website material, please contact webmaster@polaroid.com. For any questions or requests other than copyright issues or licensing requests, please visit www.polaroid.com/service.