POLAROID USER GENERATED CONTENT PROGRAM TERMS AND CONDITIONS
Welcome to the Polaroid UGC program Terms and Conditions. We’re glad that you are here.
Polaroid (as defined below) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because Polaroid has requested your permission to use your social media content in this way.
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU (“CONTRIBUTOR”) AND POLAROID FILM B.V., AND ITS AFFILIATES (“POLAROID”). BY PROVIDING CONTENT ON POLAROID SOCIAL MEDIA ACCOUNTS, OR BY THE USE OF APPROVED POLAROID HASHTAGS, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTAND THE TERMS, THAT YOU ARE ABLE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO AND ARE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PROVIDE CONTENT THROUGH POLAROID’S SOCIAL MEDIA ACCOUNTS AND DO NOT USE ANY APPROVED POLAROID HASHTAGS.
ANY CONTENT SUBMITTED MUST MEET THE FOLLOWING REQUIREMENTS (“SUBMITTED CONTENT REQUIREMENTS”):
- CONTENT MUST BE THE CONTRIBUTOR’S ORIGINAL AND SOLE CREATION;
- CONTENT AND THE USE THEREOF (AS PERMITTED BY THESE TERMS) MUST NOT INFRINGE UPON OR VIOLATE ANY THIRD PARTY’S RIGHTS OR CONTAIN ANY MATERIAL THAT IS OR MAY BE CONSIDERED DEFAMATORY, SLANDEROUS, OR LIBELOUS, OR PORTRAY OR DEPICT ANY PERSON PRODUCT OR ENTITY IN A FALSE LIGHT;
- CONTENT MUST NOT VIOLATE ANY FEDERAL, STATE OR LOCAL LAWS, ORDINANCES, OR ANY OTHER APPLICABLE LAWS.
- ANY CHILDREN DEPICTED IN THE CONTENT ARE THE CHILDREN OF CONTRIBUTOR OR THE CHILDREN FOR WHICH CONTRIBUTOR IS THE LEGAL GUARDIAN WITH LEGAL RESPONSIBILITIES;
- CONTRIBUTOR HAS THE RIGHTS TO USE THE NAMES, IMAGES, AND LIKENESSES OF ANY THIRD PARTY DEPICTED IN THE CONTENT AND OF ANY OTHER THIRD PARTY-OWNED ELEMENTS DEPICTED IN THE CONTENT; AND
- CONTRIBUTOR OWNS OR HAS OBTAINED ALL NECESSARY RIGHTS AND PERMISSIONS IN THE CONTENT, AND ANY AND ALL ELEMENTS THEREOF, TO GRANT THE RIGHTS GRANTED HEREIN.
CONTENT: Polaroid requests the right to use content created by Contributors and submitted to Polaroid, which may include, without limitation, photographs, text, handles or account names, information, images, graphics, videos, or any combination thereof (collectively, “Content”).
Content may be submitted by Contributors in two ways: (i) by posting on any Polaroid social media account page, including, but not limited to Facebook, Instagram, Twitter, Pinterest and Youtube; or (ii) by the Contributor’s use of approved hashtags, including but not limited to #PolaroidPOV, and #ShareMyPolaroidPOV, when posting Content online. Any additional hashtags subject to the Terms contained herein will be clearly designated by Polaroid via messaging on Polaroid’s social media.
Any attempt by a Contributor or any other individual to deliberately damage any online service or website or to undermine the legitimate operation of the Program may be a violation of criminal and civil laws. Should such an attempt be made Polaroid reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
If you are located anywhere outside of the United States, please be aware that information we collect about you, including personal information, will be transferred to, processed and stored in the United States. The data protection and privacy laws in the United States may differ from those of the country in which you are located. U.S. governmental agencies, courts, or law enforcement may be able to access or obtain your personal information (for example, in response to a court order). By submitting content on Polaroid social media accounts, or by the use of approved Polaroid hashtags, you consent to the transfer, processing, and storage of your information, including personal information, in the United States.
GRANT: By submitting Content or by the use of approved Polaroid hashtags, Contributor hereby grants to Polaroid, its successors and assigns, and any customer, vendor, service provider, or licensee of Polaroid, the non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense) to use, reproduce, process, reframe/resize, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute the Content, or any portion thereof, in any form media or distribution method now known or hereinafter existing, known or developed, for any purpose, including without limitation, and for any purpose related to the marketing, advertising and promotion of Polaroid’s goods and services. Specific uses of the Content may include, but are not limited to: posting Content on any website or social media site; transmitting Content to consumers via e-mail; reproducing or displaying Content on computers and mobile devices; and reproducing Content in print.
Contributors shall retain all ownership of the Content they submit (subject to the license granted herein). Polaroid shall have the right, but no obligation, to use Contributor’s username and, if provided in connection with the Content, real name, image, likeness, caption, location information, or other identifying information, in connection with any permitted use of the content.
WAIVER: To the maximum extent permitted by law, and by submitting and approving the use of the Content, Contributor hereby waives: (i) any and all copyright rights, moral rights, and any rights of attribution and integrity in the Content against Polaroid and its respective agents, representatives, officers, directors, shareholders, employees, and licensees; (ii) any right to review, inspect, or approve the use of the Content in any format or media, whether that use is known to Contributor or not; (ii) any right to royalties or other compensation arising from or related to the use of the Content; (iii) all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses.
REPRESENTATIONS, WARRANTIES AND COVENANTS: In addition to the Submitted Content Requirements, Contributor represents and warrants the following: (i) Contributor is at least eighteen (18) years of age or the age of majority, whichever is older in the Contributor’s state and/or country of residence; (ii) Contributor has the full right and authority to enter into these Terms; (iii) Contributor will abide by the common standards of decency and to act in accordance with the law; and (iv) Contributor will not upload, post, or otherwise generate or make available to Polaroid any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on the Contributor.
Contributor shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other such harm resulting from any Content that Contributor submits.
LIMITATION OF LIABILITY: By submitting Content, Contributor agrees to release, indemnify, and hold harmless Polaroid and each of its respective agents, representatives, officers, directors, shareholders, employees, and licensees from and against any injuries, losses, damages, claims, actions, and any liability of any kind resulting from or arising from the Content or its use thereof.
MISCELLANEOUS: These Terms shall be governed by and construed in accordance with the laws of the Netherlands applicable to contracts made and to be performed wholly therein, but without regard to the conflict of law provisions thereof. Courts located in the Netherlands shall have exclusive jurisdiction of any dispute related to or the breach thereof, and the Parties agree to the personal jurisdiction and venue of such courts.
Nothing contained herein shall deem or construe Contributor and Polaroid to be partners, joint venturers, principal-agent, or employer-employee. These Terms may be updated by Polaroid from time to time without notice, upon which the amended terms shall become binding. Polaroid’s failure to enforce any term of these Terms shall not constitute a waiver of that or any other provision.
CONTACT: Please direct any questions regarding these Terms to firstname.lastname@example.org or by mail at Polaroid Film B.V., Danzigerkade 16C, 1013 AP, Amsterdam.
You understand you are providing your information to Polaroid and any questions, comments or complaints regarding the promotion are to be directed to Polaroid at the address provided.
The POLAROID word and logos (including the Polaroid Classic Border Logo) are protected trademarks of Polaroid.