General

Thank you for visiting the POLAROID RADIO website.

This website is operated by Polaroid International B.V., a Dutch limited liability company, registered with the Netherlands Chamber of Commerce under no. 59065982 and with business address at Danzigerkade 16c, 1013 AP Amsterdam, The Netherlands (Polaroid or we).

By visiting our site you you acknowledge and confirm that you are over the age of 18 and have read, understood, and agree to be bound by these terms of use. If you do not agree to all the terms, then you may not access the website. We reserve our right to change these terms from time to time without notice.

IP Rights

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

You may not use Polaroid’s (including all its affiliated companies’) copyrights, trademarks and other intellectual property without Polaroid’s express written permission.

License and limitations of use

Subject 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 (as defined below).

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.

You 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 our radio POLAROID RADIO at any time, for any or no reason.

In any event, you shall not:

1. 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;
2. use any automated system for the selection, download, streaming, or electronic distribution of any content;
3. exploit the content for commercial purposes;
4. aid or encourage any third party to engage in any activity that would constitute a breach of these terms.

Any unauthorized use terminates the permission or license granted by Polaroid.

POLAROID RADIO

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

Authorized Jurisdictions

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 site, or any feature or part thereof, are appropriate or available for use in any particular location. Please find an overview here of the jurisdiction in which we make POLAROID RADIO available: Radio Web Privacy (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.

Support/availability

Polaroid provides the website on an “as is, as available” basis and does not guarantee that it will always be available, uninterrupted, timely, secure or error-free, nor that the use of the website will be secure. Polaroid is not obligated to provide any support under these terms and provides no assurance that any specific errors will be corrected.

Polaroid may alter the availability of any feature of POLAROID RADIO or impose new limitations on your use of POLAROID RADIO at any time with or without notice and liability. You accept that the (use of the) website and any party, function and/or functionality thereof may from time to time at Polaroid’s sole discretion be suspended, changed, interrupted, restricted, updated, removed or terminated at any time in whole or in part without prior notice or liability.

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.

In certain circumstances we may require you to install an update in order to continue using POLAROID RADIO.

Polaroid has the right to permanently cease POLAROID RADIO at its sole discretion without prior notification or paying compensation.

Content Nature

Any content streamed, or otherwise accessed through website is done at your own discretion and risk. 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.

You understand that by using our site, 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 the website under the age of 18, parental discretion is advised.

Third-party Content and Advertising

Our website may contain hyperlinks to other websites. These third party websites are not maintained, controlled, or otherwise governed by Polaroid. The content is not monitored or endorsed by Polaroid, which makes no representations regarding or warrants any information, goods, and/or services appearing and/or offered on any of such websites.

POLAROID RADIO is provided to you free of charge. As consideration for the use of the website, 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 website, and you will have no right to share in any such revenue, goodwill or value. The use, content or functionality of the website may in the future require payment and/or a subscription, in which case you will be notified.

Your dealings with, or participation in, promotions of any third-party advertisers on the website, 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 site 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 website.

Copyright Infringements

We 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.

Notwithstanding 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.

Rules of conduct and limitations

While using the website, you are solely responsible for your conduct and you represent, warrant and agree to:

• not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the website and/or use of the website for any purpose other than for your personal, private, non-commercial purposes.
• not to intentionally interfere with or damage, impair or disable the operation of the website 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.
• not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the website.
• not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
• neither to modify the website in any manner or form, nor to use modified versions of the website.
• comply with all applicable laws and regulations regarding online conduct, intellectual property rights and data protection.
• not infringe any third-party rights and will not commit any other wrongful acts towards Polaroid or any third party.

We reserve the right, in our sole discretion, to restrict your use of the site or take such other action as we see fit in case of prohibited use or breaches of these terms of use. Polaroid reserves the right to take court action and/or report such users to the relevant authorities.

Limitation of liability

WITHOUT 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 SITE 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 "POLAROIDAFFILIATES") 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 WEBSITE AND THE POLAROID RADIO CONTENT; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE 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 WEBSITE OR POLAROID RADIO CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS AND/OR COPYRIGHT INFRINGEMENT; (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE POLAROID AFFILIATES 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 POLAROIDAFFILIATES 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 WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE 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.

EXCEPT 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.

Indemnity

You 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 website which are brought or threatened against Polaroid by third parties. This indemnification includes but is not limited to claims in respect of data protection, defamation, breach of copyright or other intellectual property infringement claims.

Privacy

Polaroid 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), these terms of use and Polaroid’s Privacy Policy, which can be viewed here: Radio Web Privacy.

Miscellaneous

Polaroid may modify these terms of use from time to time.

You may terminate these terms of use at any time by notifying Polaroid and discontinuing use of the website. Any terms included herein that are construed to survive termination, shall so survive.

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.

Applicable law

By visiting the website, you agree that the laws of The Netherlands will govern these terms of use and any dispute of any sort that might arise between you and Polaroid. You agree to comply with all (local) laws and regulations applicable to your use of this website.

You agree to submit to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands, for any disputes with Polaroid arising out of your use of this website.

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