Polaroid Film B.V. (‘Polaroid’) provides an application for smart devices (‘App’) by means of which the user of the App (‘User’) can, in combination with a Polaroid Hi·Print printer, print its digital photos from its smart device. In addition, the User can link digital media to these analog pictures. The picture can be scanned in the App, after which the digital media file behind the picture (the “AR Picture”) can be viewed.

These terms of use (‘Terms of Use’) are applicable to any use of the App by the User. By downloading and/or using the App the User acknowledges that he has read, understood and agrees to be bound by the Terms of Use.

1. Content of the service
1.1. By no means is Polaroid responsible for any photos, videos and/or other material accessed or provided via the App (‘Content’).
1.2. The User is solely responsible for any Content accessed, posted or otherwise transmitted via the App.
1.3. Polaroid has no obligation to monitor any Content or use of the App.
1.4. Polaroid provides the App on an “as is, as available” basis and does not guarantee that the App will always be available, uninterrupted, timely, secure or error-free, nor that the use of the App will be secure, nor that any of the described features will be available in the future. The User accepts that the App may be suspended, interrupted, restricted or terminated at any time.
1.5. Any material downloaded or otherwise obtained through the use of the 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.
1.6. No advice or information, whether oral or written, obtained by the User from Polaroid shall create any warranty or other obligation not expressly stated in the Terms of Use.

2. Intellectual property rights
2.1. All content of the App are protected by copyright, trademark and other local and international intellectual property rights. These Terms of Use do not grant the User any right, title, or interest in the content of the App, others’ Content, Polaroid’s trademarks, logos and other brand features and intellectual property rights.

3. Rules of conduct and limitations
3.1. While using the App, the User is solely responsible for his conduct and needs to adhere to the following rules:
(i) The User shall comply with all applicable laws and regulations regarding online conduct, intellectual property rights and data protection.
(ii) The User shall not infringe any third-party rights and will not commit any other wrongful acts towards Polaroid or any third party.
(iii) 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 App.

4. Limitation of liability / indemnification
4.1. Polaroid is not liable for damages of any kind, whether direct or indirect, arising out, or related to the use of the 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 App and (the use of) the content that the User transmits on or through the App which are brought or threatened against Polaroid by third parties in connection with the User’s use of the 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. Personal data and storage
Polaroid respects the privacy of its Users. Any personal data that Polaroid acquires, will be processed in accordance with the applicable data protection laws and regulations, particularly the General Data Protection Regulation (2016/679/EU) (‘GDPR’) and these Terms of Use. Please consult Polaroid’s Privacy Policy for more information on how personal data are processed by Polaroid.

6. Miscellaneous
6.1. Polaroid may modify the Terms of Use from time to time.
6.2. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or deemed so by the authorized court, such provision will be changed and interpreted so as to best accomplish the objectives of the provision in question to the fullest extent permitted by law. The other provisions of these Terms of Use will remain in force and in full effect.
6.3. These Terms of Use are construed and governed by the laws of the Netherlands. Any dispute arising out or related to these Terms of Use will be settled before the competent court in the Netherlands.

7. Contact information
If you have any questions regarding the Terms of Use, please contact us via the contact information below:

Polaroid International B.V.
Danzigerkade 16C
1013 AP Amsterdam
The Netherlands

Email address: [email protected]
Registration number Chamber of Commerce: 59065982