Terms of Use – Polaroid App

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.

These terms of use (‘Terms of Use’) are applicable to any use of the Polaroid App by the User. By downloading and/or using the Polaroid 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 Polaroid App (‘Content’).

1.2. The User is solely responsible for any Content accessed, downloaded, posted or otherwise transmitted via the Polaroid App.

1.3. Polaroid has no obligation to monitor any Content or use of the Polaroid App. However, Polaroid can at its own discretion decide to disable or delete Content or accounts, and work with law enforcement when Polaroid believes the Content is objectionable (e.g. in the event of Content that shows criminal behavior, violence, sexual (child) abuse, sexual solicitation, adult nudity, etc.), there is a genuine risk of physical harm or direct threats to public safety and/or the User is in breach of these Terms of Use.

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.

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 (except for the Content as defined in Article 2.2.) of the Polaroid 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 Polaroid App, others’ Content, Polaroid’s trademarks, logos and other brand features and intellectual property rights.

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. Rules of conduct and limitations

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.
(iii) The User shall not upload in the Polaroid App objectionable or infringing Content pursuant to Articles 1.3 and 2.3 of these Terms of Use.
(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. 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 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. Personal data and storage

5.1. 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.

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.

5.6. Without prejudice to Polaroid’s rights pursuant to Articles 1.3, 2.3 and 5.5 of these Terms of Use, the User can at any time decide at its own discretion to delete (parts of) the Content.

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 B.V.
Hoge Bothofstraat 45
7511 ZA Enschede
The Netherlands

Telephone: 00 800 577 01500
Email address: [email protected]
Registration number Chamber of Commerce: 08182413