Terms and conditions
Updated September 19, 2012
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 (collectively, "Polaroid") governing your use of Polaroid.com. Please read them carefully. If you visit, become a member, post content or shop at Polaroid.com, you accept these Terms and Conditions.
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 Polaroid.com, 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 Polaroid.com, the specific terms related thereto shall control your use of that portion of Polaroid.com.
Polaroid.com is not targeted toward, nor intended for use by anyone under the age of 13. By using Polaroid.com you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not use, access or register for an account on Polaroid.com. We reserve the right to terminate your membership in the event we become aware that you are under the age of 13.
If you are under the age of 18, you may only make payments on Polaroid.com with the direct supervision and approval of your parent or legal guardian. You should review these Terms and Conditions with your parent or legal guardian before you make any purchases to be sure you and your parent or legal guardian understand them. In addition, you and your parent or legal guardian should review and understand the terms and conditions applicable to the shopping areas of Polaroid.com, found here.
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.
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 Polaroid.com. 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 communication or feedback you provide will be deemed non-confidential. You agree that Polaroid will be free to use such information on an unrestricted basis.
POLAROID, POLAROID & PIXEL, POLAROID CLASSIC BORDER LOGO, POLAROID COLOR SPECTRUM and all other trademarks, service marks and logos used and displayed on Polaroid.com 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 Polaroid.com are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Polaroid.
Your Use of Content
With the exception of content posted by users or members of Polaroid.com that is discussed below, all materials on Polaroid.com, including without limitation data, tags, 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. All Content is provided "AS IS."
You understand that by using Polaroid.com, you may be exposed to Content that you might find offensive, indecent or objectionable. Under no circumstances will Polaroid be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Polaroid.com.
You may access Content for your information and personal use solely through the provided functionality of Polaroid.com and as permitted under these Terms and Conditions. No Content provided by Polaroid may be used, copied, reproduced, republished, uploaded 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. You agree not to circumvent, disable or otherwise interfere with security-related features of Polaroid.com or features that prevent or restrict use or copying of any Content or enforce limitations on use of Polaroid.com or the Content therein. 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.
In your use of Polaroid.com, you will comply with all applicable laws. Polaroid reserves the right to discontinue any aspect of Polaroid.com at any time.
If you register as a member of Polaroid.com, 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. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration forms throughout Polaroid.com and maintain and promptly update your member information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Polaroid has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Polaroid has
the right to suspend or terminate your membership and refuse any and all current or future use of Polaroid.com.
Polaroid reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in its sole discretion.
Polaroid Share Life / My Polaroid
Polaroid Share Life is an interactive community devoted to sharing user-created Content. In addition to Polaroid Share Life, there are other areas of Polaroid.com where you may add or post Content. You must be a registered user of Polaroid.com to post Content in the gallery or other areas of Polaroid.com. In order to post certain Content to Polaroid Share Life, you must first have an account with a social network that shares information and Content with Polaroid.com. Currently, Flickr shares information and Content with Polaroid.com.
To register with one or more of these social networks, please navigate to the appropriate site and register using that website's registration process. Once you have registered for an account with one or more of these social networks, you may go to your account settings on Polaroid.com and link your Polaroid.com account to that social network site. Once you have established this link, you may share certain Content between your connected social networks and Polaroid.com. Please be aware that all of the terms of service, privacy policies and other terms associated with each individual social network with which you link your Polaroid.com account will apply to any of your Content posted on such social network site.
Your Content is not hosted or maintained in any manner on Polaroid.com, although certain information relating to your Content (i.e., titles, tags, descriptions, unique identifiers, etc.) may be cached within our servers for search and other performance matters. All of your Content remains with the social network with which you have linked your Polaroid.com account. Therefore, if you wish to change, modify, delete or do anything else with your Content, you may still do so in the social network where the Content resides. Such changes may alter the way your Content appears on the Polaroid.com site.
Your Content and Conduct
You shall be solely responsible for Content that you upload, post, link, transmit or otherwise make available via Polaroid.com and the consequences of submitting and publishing your Content on Polaroid.com. You may post reviews, comments, photos, video 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 delete any of your Content at any time by submitting an email request to RemoveMyImage@polaroid.com. This email request must: (1) include the URL to the image you wish to remove from Polaroid.com (found in the address window of your web browser); and (2) be sent from the email address registered with your Polaroid.com account.
You agree not to use Polaroid.com to:
- conduct any commercial business;
- harm minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, link, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- upload, post, link, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, link, 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;
- upload, post, link, transmit or otherwise make available any material that contains software viruses 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;
- intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
- stalk or otherwise harass another;
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in these Terms and Conditions; or
- upload, post, link, transmit or otherwise make available any Content that;
- - is offensive, indecent, objectionable, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
- - contains any nudity at all or is pornographic or obscene;
- - exploits any person, including children or minors; or
- - discloses or contains any personally identifying information (like name or address) about any person who appears to be under the age of 18;
You acknowledge that Polaroid may or may not screen Content, but that Polaroid and its designees shall have the right (but not the obligation) in their sole discretion to screen, refuse or remove any Content that is available via Polaroid.com. Polaroid reserves the right to decide, in its sole discretion, whether Content violates these Terms and Conditions. Without limiting the foregoing, Polaroid and its designees shall have the right to remove any Content that violates these Terms and Conditions or is otherwise objectionable. You acknowledge, consent and agree that Polaroid may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms and Conditions; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Polaroid, its users and the public. You acknowledge that all Content you post, link or otherwise make available on Polaroid.com will be publicly available and will not be deemed confidential under any circumstances.
Polaroid does not claim ownership of any Content that you post, link or otherwise share or make available for inclusion on Polaroid.com. However, for any Content that you post, link or otherwise share or make available for inclusion on Polaroid.com, you (a) affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish such Content; (b) agree that such Content will not contain third party copyrighted material or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material; and (c) grant Polaroid a nonexclusive, transferrable, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Content throughout the world in any form or media. You also grant Polaroid and its sub-licensees 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; and that use of the Content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.
Products offered on the Polaroid Store are governed by separate Terms and Conditions located here.
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. All items purchased 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.
We may provide links to the sites of affiliated companies, licensees, other websites or 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 WEBSITE 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT POLAROID SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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.
YOU AND POLAROID AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Polaroid, its owners, subsidiaries, direct and indirect affiliates, officers, directors, attorneys, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to Polaroid.com; (b) your violation of any term of these Terms and Conditions; (c) your violation of any third party right, including without limitation any copyright, property or privacy right; or (d) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of Polaroid.com.
You may terminate your Polaroid.com account at any time by submitting an email request to RemoveMyAccount@polaroid.com. This email request must: (1) include your username; and (2) be sent from the email address registered with your Polaroid.com account. In addition, Polaroid.com may request additional information from you before removing your account to verify your identity.
You agree that Polaroid may, without prior notice, immediately terminate, limit your access to or suspend your Polaroid.com account and access to Polaroid.com. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to Polaroid.com (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, or (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions shall be made in Polaroid's sole discretion and that Polaroid shall not be liable to you or any third party for any termination of your account or access to Polaroid.com.
In the event your account is terminated for any reason, all applicable sections of these Terms and Conditions shall continue to apply.
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. Polaroid.com is controlled and offered by Polaroid from its facilities in the United States of America. Polaroid makes no representations that Polaroid.com or any Content is appropriate or available for use in other locations. Those who access or use Polaroid.com from other jurisdictions do so at their own volition and are responsible for compliance with local law.
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 Polaroid.com, 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
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
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.