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Polaroid Film B.V. (‘Polaroid’) provides an application for smart devices (‘Polaroid App’) by means of which the user of the Polaroid App (‘User’) can create high quality digital copies of its analog Polaroid pictures and share them instantly with the scanner feature. When using the lab feature of the Polaroid App in combination with the Polaroid Lab device, a User can make its digital photos from its smart device in the form of authentic analog Polaroid pictures. In addition, the User can link digital media to these analog Polaroid pictures, resulting in a small barcode being placed on the analog Polaroid picture. The barcode can be scanned in the Polaroids App, after which the digital media file behind the Polaroid picture (the “AR Picture”) can be viewed.
1.1. By no means is Polaroid responsible for any photos, videos and/or other material accessed or provided via the Polaroid App (‘Content’).
1.2. The User is solely responsible for any Content accessed, downloaded, posted or otherwise transmitted via the Polaroid App.
1.4. Polaroid provides the Polaroid App on an “as is, as available” basis and does not guarantee that the Polaroid App will always be available, uninterrupted, timely, secure or error-free, nor that the use of the Polaroid App will be secure. The User accepts that the Polaroid App may be suspended, interrupted, restricted or terminated at any time.
1.5. Any material downloaded or otherwise obtained through the use of the Polaroid App is done at the own discretion and risk of User. User is solely responsible for any damage to his computer system or any other equipment or loss or corruption of data that results from the download of any such material.
2.2. The User owns the Content he uploads, creates and shares on the Polaroid App. By uploading, sharing and creating Content within the Polaroid App and/or by otherwise providing the Content to Polaroid the User grants Polaroid a non-exclusive, perpetual, transferable, sub-licensable, royalty-free and worldwide license to host, use, distribute and copy the User’s Content for the sole purpose to make the Content accessible for other users to view the content if indicated by the User. The User can end this license any time by deleting his Content or account.
2.3. Polaroid reserves the right to disable or delete Content of a User alleged to be infringing intellectual property rights of third parties and terminate accounts of repeat infringers.
3.1. While using the Polaroid App, the User is solely responsible for his conduct and needs to adhere to the following rules:
(i) To ensure access to all your content (for example if you lose your phone), you need to store your user ID.
(ii) The User shall comply with all applicable laws and regulations regarding online conduct, intellectual property rights and data protection.
(iv) The AR Picture is only allowed for private use, meaning that it is prohibited to make publicly available or to reproduce an AR Picture in any way. This prohibition includes (but is not limited to) posts on social media and websites and publishing it in the public domain.
(v) The User shall not infringe any third-party rights and will not commit any other wrongful acts towards Polaroid or any third party.
(vi) The User shall comply with all reasonable instructions that Polaroid may give the User from time to time in connection with the use of the Polaroid App.
4.1. Polaroid is not liable for damages of any kind, whether direct or indirect, arising out, or related to the use of the Polaroid App, except to the extent the liability arises from Polaroid’s gross negligence of willful misconduct.
4.2. The User indemnifies Polaroid against any claims, costs, expenses (including legal expenses), legal proceedings and other liabilities arising out or related to his use of the Polaroid App and (the use of) the Content that the User uploads, posts, creates, shares or otherwise transmits on or through the Polaroid App which are brought or threatened against Polaroid by third parties in connection with the User’s use of the Polaroid App and of Content. This indemnification includes but is not limited to claims in respect of data protection, defamation, breach of copyright or other intellectual property infringement claims.
5.2. Content that contains personal data of other natural persons (not being the User) may only be uploaded in the Polaroid App and/or otherwise provided to Polaroid by the User when the User has obtained the explicit consent (pursuant to Article 4(11) GDPR) of the natural persons depicted on the Content to do so.
5.3. The User decides whether the AR Picture is only visible for himself or is also publically visible for other persons who scan the barcode on the corresponding analog Polaroid picture. Due to the principle of data minimization pursuant to the GDPR, the first option is set as default within the Polaroid App. The User can manually, at his own discretion and at his own risk, adjust these settings.
5.4. The Content in the Polaroid App is automatically stored for the time that the User uses or has an account at the Polaroid App.
5.5. Polaroid reserves the right to delete uploaded Content with a draft status after 14 days without prior notification (i.e. meaning Content that was uploaded but did not result in a printed Polaroid picture within this term). Further, Polaroid reserves the right to delete uploaded Content which has not been used or viewed during a period which is deemed reasonable by Polaroid.
Hoge Bothofstraat 45
7511 ZA Enschede
Telephone: 00 800 577 01500
Email address: [email protected]
Registration number Chamber of Commerce: 08182413