End User License Agreement & Terms and Conditions

End User License Agreement

Welcome to the Dalí Museum Staring Contest Application (the “Application”), owned and operated by The Dalí Museum (“The Dalí Museum,” “we,” “us” or “our”). We maintain and make available the Application for your personal, non-commercial use only. By accessing and using the Application, you acknowledge and agree to abide by the terms of this End User License Agreement (the “Agreement”), the terms of service of any applicable platform provider, including but not limited to Apple, Facebook and/or Twitter (each, a “Platform Provider”), as well as all applicable laws, rules and regulations. If you do not agree to the terms of the Agreement, you may not use the Application. The Agreement is subject to change by us at any time, effective when posted on and/or within the Application. Your continued use of the Application after such notice will constitute acceptance by you of such changes.

Overview. After downloading the Application to your Apple iOS product(s) (iPhone® 5, iPhone® 5S), you can select to play the Staring Contest game (the “Game”) within the Application, which will involve staring at certain images provided within the Game as well as photographs of other Application users while your eyes are monitored to determine if and when you blink. If you achieve a high score by staring the longest within the Game, your photograph, as captured during the Game, will be shared within the Application as part of a High Score Board and displayed to other Application users playing the Game, and your photograph may also appear on The Dalí Museum’s website, http://theDalí.org/home.php. You will have the opportunity to share your Game scores via certain social media, including via Twitter, and in Apple’s Game Center.

Maintenance and Support. No Platform Provider is responsible to provide maintenance and support services for the Application. To get help from us, contact us at staringapp@thedali.org.

Terms and Conditions.

• Your failure to comply with the Agreement may result in suspension or termination of your access to the Application, without notice, in addition to our other remedies.
• We also reserve the right to discontinue the Application, or change the content or formatting of the Application, at any time without notice to you, and to require the immediate cessation of any specific use of the Application.
• We grant you a non-exclusive and non-transferable, revocable license to download and install one (1) copy of the Application to your mobile device, and to access and use the Application, solely for your own personal use, subject to the terms of this Agreement and to the terms of service of any applicable Platform Provider.
• You may not use the Application or the Game for any commercial purposes including, without limitation, to sell a product or service; to increase traffic to your website for commercial reasons, such as advertising sales; to take the results from the Application and reformat and display them, or use any robot, spider, other device or manual process to monitor or copy any content from the Application. In addition, you may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Game to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Application or the Game; (iv) make the functionality of the Application available to multiple users through any means; or (v) use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement. To the extent that your contributions through use of the Application give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant The Dalí Museum an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions, including, without limitation, your image and/or photograph as captured within the Game and the Application, in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to The Dalí Museum's and other players' use and enjoyment of such assets in connection with the Application under applicable law. This license grant to The Dalí Museum and the above waiver of any applicable moral rights, survives any termination of this Agreement.
• We and/or our licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Application. All rights not granted under this Agreement are reserved by us and/or our licensors.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
• You will comply with all applicable third party terms and conditions when using the Application, including, but not limited to, those of any wireless data service provider or any social media website through which you choose to share your score and your image. We provide the Application and the Game "as is" and shall not be held liable for your use of the Game, the Application, or any other information, content, or material contained therein. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE APPLICATION AND THE GAME, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR THE GAME OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THE GAME AND OTHER MATERIAL OR DATA THROUGH THE USE OF THE APPLICATION AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE PHONE OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH PROGRAM MATERIAL OR DATA. Under no circumstances shall we or our affiliates, our licensors or Platform Providers be liable to you on account of your use or misuse of or reliance on the Application.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE Dalí MUSEUM, ANY PLATFORM PROVIDER OR THEIR RESPECTIVE SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR ANY OF THEIR RESPECTIVE SUCESSORS OR ASSIGNS (COLLECTIVELY, THE “THE Dalí MUSEUM PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF THE APPLICATION OR THE GAMES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars ($10.00 USD).

Indemnity. You agree to indemnify and hold The Dalí Museum Parties harmless from any claim or demand, and any damages, costs, or expenses arising in connection with your use of the Application, including reasonable attorneys' fees and costs made by any other party, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the right of another party, or any loss, damage or injury that may be sustained by you or by others or property in connection with the Application, including but not limited to those injuries and damages caused by the negligence of The Dalí Museum Parties.

Contact Information. This Application was developed by or for The Dalí Museum. Should you have any questions, complaints, or comments, you may contact us at staringapp@thedali.org.

Privacy. The Game available in the Application is intended for play by persons aged thirteen (13) and older. We have no interest in collecting personally identifiable information from children under the age of thirteen (13). Additionally, the privacy of your personal information is very important to us. The Application collects the photograph of each high scorer during the Game, and if you are a high scorer, your photograph and initials will be shared within the Application as part of a High Score Board and displayed to other Application users playing the Game, and your photograph may also appear on The Dalí Museum’s website, http://theDalí.org/home.php. No other personal information will be collected from you or stored in connection with your use of the Application.

Governing Law; Venue. This Agreement and its validity, construction and performance will be governed in all respects by the laws of, and exclusively in or nearest to, the state and federal courts of Pinellas County, Florida without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts. Any claims asserted by you in connection with the Application must be asserted in writing to The Dalí Museum within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Arbitration: YOU HEREBY WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THE APPLICATION OR THIS AGREEMENT. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN PINELLAS COUNTY IN THE STATE OF FLORIDA.

This Agreement was last updated on January 14th, 2014