Lincoln Center: Augmented Reality Terms of Use Template

Welcome to the augmented reality mobile application (“App”) provided by Lincoln Center for the Performing Arts, Inc. (“Lincoln Center”, “we”, “us”, “our”). These Terms of Use (the “Terms”) govern your use of the App and our website(s) and other services that enable you to enjoy our interactive augmented reality (AR) experience (collectively, the “AR Experience”).

Please take a moment to read these Terms carefully before participating in the AR Experience. By installing or using the App or interacting with the AR Experience in any other way, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not download the App or interact with the AR Experience.

Changes to the Terms

We may modify these Terms from time to time, and any changes will be effective immediately upon posting. We encourage you to check these Terms periodically. By continuing to use the App or interact with the AR Experience after any modifications, you accept the updated Terms.

Privacy

Lincoln Center takes the privacy of its users very seriously. Accepting these Terms means that you also agree to our Privacy Policy, available at https://www.lincolncenter.org/lincoln-center-at-home/page/privacy-statement, which may be updated from time to time.

Privacy

Our Privacy Policy describes the information we collect, how that information may be used and shared, and the choices you have about certain uses of information. If you do not want us to continue collecting this information, please do not use the App or interact with the AR Experience.

Enjoying the AR Experience; Minors

The AR Experience is designed for personal, non-commercial use. Please do not engage with the AR Experience for any illegal or unauthorized purposes. We kindly ask you to comply with all applicable laws and regulations while interacting with the AR Experience.

[Unless explicitly stated otherwise in the App, children are not allowed to use the AR Experience] – OR – [The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under sixteen (16). We do not knowingly collect or solicit personally identifiable information from children under sixteen (16) without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under sixteen (16), please do not attempt to register for or otherwise participate in the AR Experience or send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If we learn we have collected personal information from a child under sixteen (16), we will delete that information as quickly as possible. If you believe that a child under sixteen (16) may have provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at counsel@lincolncenter.org.

Safe and Appropriate Use of the AR Experience

While use of the AR Experience is generally considered safe, you acknowledge and accept that there may be certain risks inherent to such experiences, including but not limited to:

• contact or collision with persons or objects;
• obstacles (e.g., road and surface hazards);
• weather related hazards;
• judgment and/or behavior related problems (e.g., erratic or inappropriate participant, co-participant, or spectator behavior or errors in judgment by personnel); and
• dizziness, nausea, or other discomfort from visual or audio effects.

You agree to take reasonable precautions to avoid these risks, such as ensuring you are in good physical health, wearing appropriate attire, and remaining attentive to your surroundings when participating in the AR Experience. You further agree to interact with the AR Experience in a responsible and safe manner, including but not limited to:

• maintaining full awareness of your surroundings at all times; and
• ensuring it is safe to follow designated paths and routes where applicable.

You agree that in conjunction with your participation in the AR Experience, you will maintain safe and appropriate contact with other people. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind.

By participating in the AR Experience, you willingly, knowingly, and voluntarily assume any and all risks occurring before, during, or after the AR Experience, including injury caused by any means, as well as damage, loss, or theft of property. You further agree to release and discharge Lincoln Center and all its affiliates, directors, officers, employees, and other related parties ("Lincoln Center Parties") from any and all liability, claims, demands, actions, causes of action, costs, and expenses, known or unknown, arising out of or in connection with your use of the AR Experience.

Photosensitivity Notice

Some features of the AR Experience may have visual effects that could trigger seizures, lightheadedness, altered vision, disorientation or other symptoms for photosensitive viewers. Viewer discretion is advised, and please immediately stop accessing the AR Experience and consult a physician if you experience any symptoms. [Parents should watch for or ask their children about the above symptoms. Children and teenagers are more likely than adults to experience these seizures.]

[Interactive Features

Although Lincoln Center may (from time to time) monitor or review interactive portions of our AR Experience, we are under no obligation to do so. Lincoln Center is not responsible for any liability incurred as a result of your interactions with others or your use of content provided by other users of our AR Experience.]

Are there restrictions on how I can use the App or the AR Experience?

Please refrain from doing any of the following:

• infringing or violating the intellectual property rights or any other rights of anyone else (including Lincoln Center);
• violating any laws or regulations, including any applicable privacy laws, or using the AR Experience for any purpose not reasonably intended by Lincoln Center;
• compromising the security of any computer network or cracking passwords or security encryption codes;
• creating derivative works of, modify, publish, transmit, participate in the transfer or sale of, reproduce, or otherwise exploit the App or the AR Experience; or
• decompiling, reverse engineering, or attempting to obtain the source code or underlying ideas or information or information of the App or the AR Experience.

We take these restrictions seriously, and any violation of these guidelines may result in the termination of your right to use or access the AR Experience.

Intellectual Property

All intellectual property rights in the App and the AR Experience belong to Lincoln Center or its licensors. The materials and content displayed, performed, or available on or through our AR Experience is protected by copyright and intellectual property laws, including but not limited to text, software, scripts, graphics, photos, sounds, music, 3D models, and any other materials made available through the AR Experience. We grant you a limited, non-exclusive, non-transferable license to use the App and access the AR Experience solely for your personal, non-commercial use.

Your Content (User Content)

We love seeing your creativity! Anything you post, upload, share, store, or otherwise provide through the AR Experience is your “User Content”. If you choose to submit or upload any User Content, you retain ownership of your intellectual property rights. However, by submitting or uploading such User Content, you give Lincoln Center (and its licensees) permission to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your content in connection with the AR Experience. User Content may also be viewable by other users. You are solely responsible for all User Content you contribute to the AR Experience.

You agree that you will not post, upload, share, store, or otherwise provide through the AR Experience any User Content that:

• infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
• contains sexually explicit content or pornography;
• contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
• exploits minors;
• depicts unlawful acts or extreme violence; or
• violates any law.

You are responsible for all User Content you contribute, in any manner, to the AR Experience, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

Third Party Services

Third parties may provide the necessary hardware, software, networking, storage, and related technology for the AR Experience (“Third Party Services”). Lincoln Center is not and will not be liable or responsible for the operation of any Third Party Services nor the availability or operation of the AR Experience. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Services, and you agree to comply with any applicable third party terms and conditions when accessing the AR Experience.

Further, you acknowledge and agree that the availability of our AR Experience may be dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

Apple App Store Conditions

These Terms apply to your use of the AR Experience, including our App made available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to such iOS App:

• Both you and Lincoln Center acknowledge that the Terms are concluded between you and Lincoln Center only, and not with Apple, and that Apple is not responsible for the App;
• The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
• You will only use the App in connection with an Apple device that you own or control;
• You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
• In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
• You acknowledge and agree that Lincoln Center, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
• You acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Lincoln Center, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• Both you and Lincoln Center acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
• Both you and Lincoln Center acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Suspension; Termination

We may limit, suspend, terminate, or discontinue the App and/or the AR Experience or any of its features or content at any time, for any reason without notice, including in the event of your breach of these Terms. Upon termination, you must cease all use of the App and the AR Experience. Provisions that are intended to survive termination, for example, your obligation to indemnify us, limitations on our liability, and terms pertaining to ownership or intellectual property rights, will remain in effect even after the termination of your use of the AR Experience.

Warranty Disclaimer

YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, LINCOLN CENTER PROVIDES THE APP AND THE AR EXPERIENCE “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPATIBLE WITH YOUR DEVICE OR THAT THE APP OR AR EXPERIENCE WILL MEET YOUR EXPECTATIONS AT ALL. LINCOLN CENTER ALSO MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ANY OF ITS LICENSORS.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE LINCOLN CENTER PARTIES WILL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE AR EXPERIENCE, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP OR PARTICIPATION IN THE AR EXPERIENCE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LINCOLN CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) DAMAGES OR LOSSES IN EXCESS OF $100. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

[Indemnity

You agree to indemnify and hold the Lincoln Center Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the AR Experience, and (b) your violation of these Terms.]

Miscellaneous

These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. You agree that exclusive jurisdiction for any claim or dispute arising under these Terms shall reside in the federal and state courts in New York, New York. You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Lincoln Center, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. Neither Lincoln Center, any user, nor any other party involved in creating, producing, or delivering the AR Experience shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control. Except as expressly set forth in the section above regarding the Apple App, you and Lincoln Center agree there are no third-party beneficiaries intended under these Terms.

If you have any questions about these Terms or the AR Experience, please contact counsel@lincolncenter.org.

Last Updated 18 July 2024