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Terms of Use - Polaroid Music App

Polaroid International B.V., including its affiliated companies, officers, employees, agents and consultants ("Polaroid", "we" or “our”) provides an application for third-party smart devices named the Polaroid Music app (the "App"). These terms of use (the "Terms of Use") are applicable to your use of the App, whether or not used in combination with any Polaroid products including the hardware, software, applications and other related firmware and documentation (together the "Products") and the services provided through or in connection with the App (the “Services”) now and in the future. By purchasing, downloading and/or using the App, Products and/or Services, you acknowledge and confirm that you are over the age of 18 and have read, understood, and agree to be bound by the Terms of Use.

1.The Services & the Products

1.1.Use of the Services requires Internet access, a compatible third-party device and the App. To use the App in combination with a Polaroid P2, P3 or P4 (each a “Music Player”), you need to grant permission for the App to use Bluetooth® connection and your location. Use of the Products and/or Services may also require periodic updates and may be affected by the performance of these factors. The latest version of Polaroid software may be required for certain features. You agree that meeting these requirements is your responsibility.

1.2.You agree to use the Products and the Services only for purposes permitted by these Terms of Use, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade any of the Products or the Services (or any part thereof) for any purpose.

1.3.Polaroid is not responsible or liable for the Services or content that you may access through the Products or Services (such as the accuracy, completeness, or operation of the content) and has no obligation to monitor any use of the Products or Services.

1.4.Polaroid provides the Products and Services on an “as is, as available” basis and does not guarantee that the Products and Services will always be available, uninterrupted, timely, secure or error-free, nor that the use of the App will be secure. You accept that the Products and Services may be suspended, changed, interrupted, restricted, removed or terminated at any time in whole or in part.

1.5.Hardware and/or technological elements of third parties may be required to use some of the Products or Services, including in any event a compatible device with access to the App. It is your own responsibility to make sure that all required elements are available and compatible and have been configured correctly.

1.6.Any content streamed, or otherwise accessed through the Products or Services is done at the own discretion and risk of the User. You are solely responsible for any damage to your equipment or loss or corruption of data that results from the download, streaming or access of any such content.

1.7You understand that by using the Services, including POLAROID RADIO, you may encounter content that may be deemed offensive, indecent, objectionable or illegal, and such content may or may not be initially identified as being explicit. We shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. For all users of POLAROID RADIO under the age of 18, parental discretion is advised.

1.7The Services, including POLAROID RADIO, are provided free of charge. As consideration for the use of the Services, you acknowledge and agree that Polaroid may generate revenues (including from advertising and sponsorships), increase goodwill or otherwise increase the value of Polaroid from your use of the Services, and you will have no right to share in any such revenue, goodwill or value. The use, content or functionality of the Services may in the future require payment and/or a subscription, in which case you will be notified.

1.8The Services (including POLAROID RADIO), or any part thereof, may not be available in all countries or regions and/or languages and we make no representation that the Services, or any feature or part thereof, are appropriate or available for use in any particular location.

1.9Polaroid and its partners may provide certain features that rely upon third-party device-based location information using GPS (or similar technology, where available). When using Third-Party Services that use or provide location data as part of the Services, you are subject to and should review such third party’s terms and privacy policy.

1.10Your dealings with, or participation in, promotions of any third-party advertisers on the App and/or the Services, are solely between you and such third party, and your participation is subject to any terms and conditions associated with that advertisement or promotion. We do not endorse or represent such third parties, and by using the App and/or the Services, you agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of such third parties on the App and the Services.

1.11You agree to comply with all export and import laws that may be applicable to the use of the Services. You further agree that you will not use the Services for any purposes prohibited by applicable law.

2. POLAROID RADIO

2.1.POLAROID RADIO is a service that provides access to five (5) curated radio stations created and provided by or on behalf of Polaroid for each User who uses it for personal use. The content organized and featured on POLAROID RADIO may change from time to time depending on editorial governance, popularity or other variables.

2.2Please find an overview here of the jurisdiction in which we make POLAROID RADIO available: https://radio.polaroid.com (the “Authorized Jurisdictions”). We may add or remove territories from the list of Authorized Jurisdictions at any time and without any notice, liability, or obligation to you with respect to each such territory. Use of the POLAROID RADIO outside of the Authorized Jurisdictions is strictly prohibited.

2.3All functionalities, design and content of the App for POLAROID RADIO, including text, graphics, logos, images, video’s, data compilations and software, are the property of Polaroid and/or licensors/suppliers. The functionalities, design and content are protected by IP rights and owned by Polaroid.

2.4Subject to these Terms of Use, Polaroid hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access POLAROID RADIO in an Authorized Jurisdiction. You may view and use POLAROID RADIO to the extent permitted by its intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties.

2.5You may only access and/or use POLAROID RADIO through the certified applications or intended methods that Polaroid or our licensed partners make available to you. Any other use not specifically authorized herein is strictly prohibited. Polaroid may revoke and/or terminate the foregoing license with respect to any aspect of POLAROID RADIO at any time, for any or no reason.

2.6In any event, you shall not:

  • reproduce, record, retransmit, redistribute, disseminate, broadcast, make available, communicate to the public, publicly perform, adapt, sub-license, circulate to any third party, or create derivative works of any of the content on POLAROID RADIO;
  • use any automated system for the selection, download, streaming, or electronic distribution of any content;
  • exploit the content for commercial purposes; and/or
  • aid or encourage any third party to engage in any activity that would constitute a breach of these terms.

2.7Notwithstanding these Terms of Use, Polaroid may impose additional or different limits on use or access to POLAROID RADIO, without notice or incurring any liability to you.

2.8Polaroid reserves the right to terminate access to POLAROID RADIO or cease POLAROID RADIO or any part thereof at any time and in its sole discretion, without prior notice or liability. In addition, Polaroid does not give any representations or warranties that a song, artist or group will be available at all times and cannot be held liable for the withdrawal, removal or amendments of or changes to any part of the content that is made available on POLAROID RADIO.

2.9We work with a lot of third parties who own intellectual right and copyright and we strive to be fair and protect the artists’ copyrights. We desire to provide a platform with music that does not violate any rights. We obtained the necessary licenses for the tracks we selected for our radio station in the Authorized Territories.

If you are a copyright holder and believe in good faith that your work has been reproduced on our platform in a way that constitutes copyright infringement, please notify us in writing at: [email protected] Please do not make false claims of copyright infringement.

3. Third-party Services

3.1Through the Products and/or the Services, Polaroid may from time-to-time support or provide access to content, technologies, websites, data, networks, servers, software, applications, materials, products, programs, systems, features and/or services of third parties, including without limitation Internet Radio and the music services that link to the App by API integration (the “Third-party Services”). Polaroid reserves the right to impose limits on the use of or access to Third-party Services and/ordiscontinue access to and/or support for any Third-party Services at any time, for any reason, without notice and without liability.

3.2. Polaroid does not own or have any control over the Third-party Services and is not and cannot be held responsible for their content, functionality and the use thereof. By enabling API integration and/or otherwise providing access to Third-party Services, Polaroid does not provide any explicit or implicit warranties, representations, or permission regarding the legality, accuracy, completeness, quality, timeliness, validity, copyright compliance, accessibility, availability, functionality or any other aspect such Third-party Services. You hereby waive any claims against Polaroid regarding the content or functioning of Third-party Services.

3.3Use of Third-party Services may require internet access and may require you to accept additional terms and conditions, including without limitation terms of use and/or a privacy policy, and may be subject to additional fees. You are fully responsible and liable for carefully reading any terms of use, privacy policies and other terms and conditions that apply to you and the use by you of Third-party Services.

3.4 You acknowledge that by using any of the Third-party Services through the Products and/or the Services, you may encounter content that may be deemed offensive, indecent, objectionable or illegal, which content may or may not be identified as having explicit language, and that the results of any search may automatically and unintentionally generate references to objectionable material and that the use of Third-party Services is at your sole risk and responsibility.

3.5 Third-party Services that may be accessed, linked to or displayed on or otherwise accessed via the Services and/or the Products may not be available in all languages or in all countries or regions.

3.6The fact that a particular Third-party Service is displayed or mentioned on any Product packaging or marketing material does not constitute a representation that such Third-party Service will be accessible, available, function in any particular manner or function at all for any length of time.

4. Internet Radio

4.1As part of the Services, the App provides access to a third-party platform enabling Users to search for and play online third-party radio stations, which come directly from our partners (“Internet Radio”). Internet Radio is a service that depends on Third-Party Services, including the availability of the radio content on the relevant platform and can therefore change. Polaroid exercises no control over what content is played on third-party radio stations nor can we guarantee the availability of specific third-party radio stations in Internet Radio.

4.2 Polaroid is not responsible for examining or evaluating the content or accuracy of the content available through Internet Radio or of any included or linked third party materials nor do we not endorse any of the third-party materials. Polaroid does not assume any responsibility for and will not have any liability for any third-party materials. Links are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and Polaroid is not in any way responsible for any such use by you.

5.Software & Intellectual property rights

5.1You acknowledge and agree that Polaroid and/or its licensors own all legal right, title and interest in and to the Products and the Services, including without limitation documentation, graphics, user interfaces, content, fonts, scripts and any date that came with the Products and Services, software used to implement the Services, software as embedded in the Products for the purpose of operating the Products and any other software provided to you as a part of and/or in connection with the Products and the Services (the “Software”), including any and all copyrights, trademarks and other local and international intellectual property rights that exist therein, whether registered or not. Terms of Use do not grant the User any right, title, or interest in the Products and/or the Services, including without limitation the content of the App, others’ content, Polaroid’s trademarks, logos and other brand features and intellectual property rights.

5.2You further agree that the Products and the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Products and the Services in compliance with these Terms of Use. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use.

5.3Subject to these Terms of Use, Polaroid grants to you a worldwide, non- exclusive, non-transferable, non-sublicensable, personal license to: (i) use the Software for the purpose of operating the Products and the Services, and (ii) use the App portion(s) of the Software on any personal computer or mobile device owned or controlled by you. Except for the limited licenses granted herein, Polaroid and its licensors hereby retain all right, title and interest in and to all worldwide intellectual property rights embodied in the Products, the Services and the Software.

5.4In consideration for the license granted herein, you agree to comply with all applicable copyright laws, including without limitation not to directly or indirectly copy, reproduce, modify, publish, display, transmit, make available, broadcast, create derivative works from, and/or distribute any music or other content accessed using the Products and/or Services without the express written authorization of the copyright holder(s).

5.5You may not transfer the Software to any other computing device or otherwise remove the Software from a Product. You also agree not to copy, modify, reverse engineer, decompile or disassemble any Product to the extent that such restriction is not prohibited by law.

5.6Polaroid may, from time to time, update the Software and/or develop patches, bug fixes, updates, upgrades and/or other modifications to improve the performance of the Products and/or Services. In order to continue your use of the Services, you agree that such updates for the App may be automatically downloaded and installed into onto your device or computer without providing any additional notice. For continued use of the Products, Product Software updates may need to be installed on your Product(s) through the App. The Software, as may be updated or replaced in accordance with the above are licensed, not sold, to you by Polaroid for use only under these Terms of Use.

5.7Polaroid shall have no obligation to provide any updates or upgrades to any parts or aspects of the Products and or Services. In the event that Polaroid, at its sole discretion, provides an update or upgrade, such updates or upgrades and any related documentation shall be deemed the Product or the Service, as the case may be. A Software update, if any, may not include all existing software features or new features that Polaroid releases for newer or other models of the relevant Product. These Terms of Use will govern any Software updates provided by Polaroid.

5.9By logging in to any third-party music services that link to the App by API integration (the “Music Services”) when using the App, you grant Polaroid a non-exclusive, perpetual, transferable, sub-licensable, royalty-free and worldwide license sto enable the integration with such Music Services and save the relevant passwords for single sign-on to such Music Accounts for the sole purpose of making available the Services. You can end this license at any time by removing such Music Services from the App.

5.10You agree to indemnify and hold Polaroid and its licensors harmless from and against any and all claims, suits, losses, damages, liabilities, costs and expenses incurred by Polaroid and/or its licensors arising out of or related to your failure to comply with the terms of this section 5.

6.Rules of conduct and limitations

While using the Products and/or Services, you are solely responsible for your conduct and agree to adhere to the following rules:

  1. you will adhere to the applicable terms and conditions of Third-party Services, as further set out in section 3 above.
  2. any use by you of the App, other Products and/or Services other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the App, use of the App, access to the App, or content obtained or available through the App, for any purpose other than for your personal, private, non-commercial purposes.
  3. you agree not to intentionally interfere with or damage, impair or disable the operation of the Products or Services or any user’s enjoyment of it, by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
  4. you agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the App.
  5. you agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the App.
  6. you agree neither to modify the App in any manner or form, nor to use modified versions of the App.
  7. you will comply with all applicable laws and regulations regarding online conduct, intellectual property rights and data protection.
  8. you will not infringe any third-party rights and will not commit any other wrongful acts towards Polaroid or any third party.
  9. you will comply with all reasonable instructions that Polaroid may give you from time to time in connection with the use of the Products and/or Services.

You represent, warrant and agree that you will comply with the above acceptable use requirements. Polaroid reserves the right, in its sole discretion, to restrict your use of the App or take such other action as Polaroid sees fit in relation to any User who partakes in any of Polaroid’s prohibited uses or is in breach of any of the other terms set forth herein. Polaroid reserves the right to take court action and/or report such users to the relevant authorities.

7.Limitation of liability / indemnification

7.1Polaroid shall not be liable for damages of any kind, whether direct or indirect, arising out, or related to the use of the Products, the Services, the Software and/or the Third-party Services except to the extent the liability arises from Polaroid’s gross negligence of willful misconduct.

7.2WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS & CONDITIONS, YOU UNDERSTAND AND AGREE THAT POLAROID FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE APP AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL POLAROID, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "POLAROID ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE APP AND THE POLAROID RADIO CONTENT; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE APP OR ANY OF THE POLAROID RADIO CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY POLAROID OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE APP OR POLAROID RADIO; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS AND/OR COPYRIGHT INFRINGEMENT; (5) ANY ERRORS OR OMISSIONS IN THE APP’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE POLAROID ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE APP). NOTHING IN THESE TERMS & CONDITIONS LIMITS OR EXCLUDES POLAROID’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

IF ANY OF THESE TERMS & CONDITIONS ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS & CONDITIONS ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS & CONDITIONS AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.

THE POLAROID ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THE APP IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE APP OR ANY OF THE POLAROID RADIO CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APP OR THE POLAROID RADIO CONTENT. YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF POLAROID’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY POLAROID AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY POLAROID WEB SITE, SERVICES, APP, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR USER SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

7.3EXCEPT AS EXPRESSLY SET FORTH HEREIN, POLAROID MAKES NO WARRANTIES, OTHER THAN THOSE IMPLIED BY STATUTE, WITH RESPECT TO THE PRODUCTS AND/OR THE SERVICES. POLAROID AND ITS PARTNERS HEREBY SPECIFICALLY DISCLAIM ALL SUCH OTHER WARRANTIES AND CONDITIONS. YOU ASSUME ALL RESPONSIBILITIES FOR INSTALLATION AND USE OF THE PRODUCTS AND SERVICES. INSTALLATION OF THE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS OTHER PRODUCTS AND/OR SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POLAROID OR AN AUTHORIZED REPRESENTATIVE OF POLAROID SHALL CREATE A WARRANTY. THIS PROVISION WILL NOT AFFECT YOUR RIGHTS UNDER THE POLAROID LIMITED WARRANTY APPLICABLE TO THE PRODUCTS.

7.4You agree to indemnify Polaroid against any claims, costs, expenses (including legal expenses), legal proceedings and other liabilities arising out or related to your use of the Products, the Services and (the use of) Third-party Services, which are brought or threatened against Polaroid by third parties in connection with your use of the Products, the Services, the Software and the Third-party Services. This indemnification includes but is not limited to claims in respect of data protection, defamation, breach of copyright or other intellectual property infringement claims.

8.Personal data and storage

8.1Certain software features may require information from the Products to provide their respective functions or features, including Third-party Services (as defined below). When you turn on or otherwise enables and/or uses these functions or features certain usage data may be processed by Polaroid and/or shared with third parties.

8.2Polaroid respects your privacy. Your personal data will at all times be treated in accordance with the applicable data protection laws and regulations, particularly the General Data Protection Regulation (2016/679/EU) ("GDPR"), these Terms of Use and Polaroid’s Privacy Policy, which can be viewed here: https://www.polaroid.com/music-app-privacy.

9.Miscellaneous

9.1Polaroid may modify the Terms of Use from time to time.

9.2You may terminate this Agreement at any time by notifying Polaroid, discontinuing use of the Products and the Services and purging the Software from your device(s). Any terms included herein that are construed to survive termination, shall so survive, including without limitation sections 5, 7 and 8.

9.3In 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.

9.4These 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.

10.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] / [email protected]

Registration number Chamber of Commerce:59065982

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