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 firstname.lastname@example.org.
Terms and Conditions.
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 email@example.com.
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