Polaroid Legal

Terms of Use – Polaroid App

Polaroid International B.V., including its affiliated companies, officers, employees, agents and consultants (Polaroid, we or our) provides an application (Android and iOS) for third-party smart devices named the Polaroid 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 a Polaroid camera or Polaroid printer (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 smart device and the App. To use the App in combination with one of the Products (for example, the Polaroid OneStep+ Camera, the Polaroid Now+ Camera, the Polaroid I-2 Camera or the Polaroid Lab Printer), you need to grant permission for the App to use Bluetooth® connection. Use of the Products and/or Services may also require periodic updates which may affect the performance. The latest version of Polaroid software may be required for certain features. You agree that meeting these requirements is your responsibility.

1.2 In the App the following Services may be available. These Services may change from time to time depending on editorial governance, popularity or other variables:

  • Arrowa. Polaroid Scanner: the Polaroid Scanner allows you to create digital copies of your physical Polaroid pictures and share them instantly with the scanner feature.
  • Arrowb. Polaroid AR Pictures: with the Polaroid AR Picture feature you can link digital media to your physical Polaroid pictures. The Polaroid picture can be scanned in the App, after which the digital media file linked to the Polaroid picture can be viewed.
  • Arrowc. Polaroid Lab: When using the Polaroid Lab feature of the App in combination with the Polaroid Lab Printer, you can make your digital photos from your third-party smart device in the form of physical Polaroid pictures.
  • Arrowd. Camera Connectivity and Control: you have the ability to connect your Polaroid OneStep+ Camera, Polaroid Now+ Camera, and Polaroid I-2 Camera to the App via Bluetooth® connection. You can control your connected Product remotely in the App, using a variety of modes.

1.3 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.

1.4 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 smart 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.

1.5 The Services, 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.

2. Content of the Service

2.1 By no means is Polaroid responsible or liable for any content (including photos, videos, text, information, graphics and/or other material (the Content)) that you may access, submit, create, share, provide or otherwise transmitted through the Products and Services.

2.2 Any Content accessed, submitted, created, shared, provided or otherwise transmitted through the Products or Services is done at the 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 access of any such Content.

2.3 You understand that by using the Services, 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. Polaroid shall have no liability to you for Content that may be found to be offensive, indecent, or objectionable.

2.4 Polaroid has no obligation to monitor any Content or use of the App (except for User Generated Content covered by the User Generated Content Policy). However, Polaroid can at its own discretion decide to disable or delete Content, restrict use of the App, or take such other actions as Polaroid sees fit when Polaroid believes the Content or use of the App is objectionable (e.g. in the event of Content that shows criminal behavior, violence, hate speech, sexual (child) abuse, sexual solicitation, adult nudity, etc.), infringes third-party rights, and/or use of the Products or Services is otherwise in breach of these Terms of Use and/or laws and regulations.

2.5 If you wish to report certain Content within the App, please contact Polaroid via services@polaroid.com or legal@polaroid.com. In your report, please include (i) your name and email address, (ii) a reference to the Content, and (iii) motivation for reporting the Content. Polaroid aims to acknowledge receipt of your report within 5 working days, and will without undue delay inform you of the outcome of its investigation into the reported Content.

3. Intellectual property rights

3.1 You acknowledge and agree that Polaroid and/or its licensors own all legal right, title and interest in and to the Products, the Services and the App, including without limitation documentation, graphics, user interfaces, Content (except for the Content as defined in Article 3.3), fonts, scripts and any data 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 you any right, title, or interest in the Products and/or the Services, including without limitation the Content of the App, Polaroid’s trademarks, logos and other brand features and intellectual property rights.

3.2 You further acknowledge and agree that the Products and the Services contain proprietary 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 or App may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use.

3.3 You own all Content you submit, create, share, provide or otherwise transmit through the Products or the Services. By submitting, creating, sharing, and providing Content within the App and/or by otherwise transmitting the Content to Polaroid you grants Polaroid a worldwide, non-exclusive, transferable, sub-licensable and royalty-free license to disclose, distribute, reproduce and otherwise use the Content for the sole purpose to make the Content accessible for you and other users to view the Content if indicated by you. You can end this license any time by deleting the Content from the App or by removing the App. NB. any Content transmitted through the App using the Polaroid Scanner, Polaroid AR Picture, Polaroid Lab Printer or the Camera Connectivity and Control will be stored on your third-party smart device only. Polaroid will not store nor have access to this Content.

3.4 Subject to these Terms of Use, Polaroid grants to you a worldwide, non-exclusive, non-transferable, non-commercial, non-sublicensable, personal license to: (i) view the Content accessible in the App (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 smart 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, the App and the Software.

3.5 In 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 pictures or other Content accessed using the Services or the App without the express written authorization of the copyright holder(s).

3.6 You 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.

3.7 Polaroid 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.

3.8 Polaroid 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.

3.9 You 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 3.

4. Rules of conduct and limitations

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

  • Arrowa. any use by you of the App, 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.
  • Arrowb. 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.
  • Arrowc. you agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the App.
  • Arrowd. you agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the App.
  • Arrowe. you agree neither to modify the App in any manner or form, nor to use modified versions of the App.
  • Arrowf. you understand that AR Pictures are 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.
  • Arrowg. you will comply with all applicable laws and regulations regarding online conduct, intellectual property rights and data protection.
  • Arrowh. you will not infringe any third-party rights and will not commit any other wrongful acts towards Polaroid or any third party.
  • Arrowi. 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.

4.2 You represent, warrant and agree that you will comply with the above acceptable use requirements. Polaroid reserves the right, in its sole discretion, to disable or delete Content, 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.

5. Limitation of liability / indemnification

5.1 Polaroid is not 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 the App, except to the extent the liability arises from Polaroid’s gross negligence of willful misconduct.

5.2 WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF USE, 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 ; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE APP OR ANY OF THE 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; (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 OF USE ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS OF USE 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 OF USE 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, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APP. 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.

5.3 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.

5.4 You agree to indemnify and hold Polaroid harmless from and against any and all claims, suits, legal proceedings, losses, damages, costs and expenses (including legal expenses) and other liabilities arising out or related to your use of the Products, the Services and the Content that you submit, creates, shares, provide or otherwise transmits on or through the Polaroid App which are brought or threatened against Polaroid by third parties in connection with your use of the Products, the Services, the Software, 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.

6. Data Protection

6.1 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) ("GDPR"), these Terms of Use and Polaroid’s App Privacy Policy, which can be viewed here.

6.2 Content that contains personal data of other natural persons (not being you) may only be transmitted in the App and/or otherwise provided to Polaroid when you have obtained the explicit consent (pursuant to Article 4(11) GDPR) of the natural persons depicted on the Content to do so.

7. Other Terms

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

7.2 You 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 3, 5 and 6.

7.3 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.

7.4 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.

8. Questions and Complaints

If you have any questions or complaints regarding the App or these Terms of Use, please contact us via the contact information below:

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

Email address: services@polaroid.com / legal@polaroid.com

Registration number Chamber of Commerce: 59065982