Terms and Conditions
Updated June 3, 2020
Please read these Terms and Conditions carefully; they contain important information regarding your legal rights including your assumption of risk and waiver of liability related to contracting infectious and/or communicable diseases (including without limitation COVID-19). If you do not agree to these terms, please do not use the site or any of The Dalí Museum’s services.
The Salvador Dalí Museum, Inc. (“The Dalí” or the “Museum”) provides www.TheDali.org and its subdomains (including websites accessed through mobile devices as well as downloadable mobile applications) and application program interfaces (“APIs”) (collectively, the “Websites”) in support of the Museum’s mission. By accessing the Websites and other services of the Museum including the facility located at 1 Dalí Blvd., St. Petersburg, FL 33701, users agree to be bound by the following terms and conditions, which the Museum may revise at any time. Users are encouraged to visit this page from time to time to review current terms and conditions.
Our sites and services are general audience sites and services for adults. By using our sites or services you warrant that you have legal capacity to enter into the agreement set out in these Terms of Service (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
- 1. Limitation of Liability. NEITHER THE MUSEUM, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF THE MUSEUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE WEBSITES, CONTENT, AND/OR COMPILATION.
- 2. Express Assumption of Risk & Release of Liability – COVID-19 & Other Infectious and/or Communicable Diseases. ANY PUBLIC LOCATION WHERE PEOPLE ARE PRESENT PROVIDES AN INHERENT RISK OF EXPOSURE TO VIRUSES SUCH COVID-19, AND WE CANNOT GUARANTEE THAT YOU WILL NOT BE EXPOSED DURING YOUR VISIT. The CDC advises that older adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19. Guests should evaluate their risk in determining whether to attend. People who show no symptoms can spread COVID-19 if they are infected; any interaction with the general public poses an elevated risk of being exposed to COVID-19; and we cannot guarantee that you will not be exposed during your visit. This section is an acknowledgement and express assumption of risk and release of liability as it relates to the risks of being exposed to or contracting COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof), the coronavirus that causes COVID-19, or any other communicable and/or infectious disease, while visiting The Dalí Museum, St. Petersburg, FL. By entering the Museum and its property, you are acknowledging and confirming on your behalf, and on behalf of any individual who uses the admission ticket(s) and/or pass(es) you purchased to enter The Dalí (including any minor children), both now and in the future, that you understand and expressly assume the risk that during your visit you may be exposed to COVID-19, the Coronavirus that causes COVID-19, or other communicable and/or infectious diseases. You expressly understand that these risks include contracting COVID-19 or other communicable and/or infectious diseases and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable and/or infectious diseases. You further acknowledge and understand that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting communicable and/or infectious diseases, including, but not limited to, COVID-19 and the Coronavirus that causes COVID-19, that The Dalí cannot guarantee that you will not be exposed during your visit, and that as such, potential exposure to or contraction of COVID-19 or any other communicable and/or infectious diseases are risks inherent in your decision to visit The Dalí and cannot be eliminated. You further acknowledge and understand that if infected with COVID-19, the Coronavirus that causes COVID-19, or any other communicable and/or infectious disease, you may infect others you subsequently come into contact with, even if you are not experiencing or displaying any symptoms of illness yourself, and that the risk of spreading COVID-19 to others remains even after you depart The Dalí. The same is true for many other communicable and/or infectious diseases you may be exposed to during your visit. You and The Dalí further agree that we intend this Section to be a binding and full release of liability for negligence and/or the inherent risks associated with visiting The Dalí during an epidemic or pandemic with respect to any controversy, claim or dispute that may arise out of or during your visit to The Dalí that is related to exposure to or the contraction of any communicable and/or infectious disease, including, but not limited to, COVID-19 or the Coronavirus that causes COVID-19. Specifically, you agree that: YOU, ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN HEREBY RELEASE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE THE DALÍ WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURIES OR WRONGFUL DEATH) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE AND/OR INFECTIOUS DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19 (OR THE CORONAVIRUS THAT CAUSES COVID-19), DURING YOUR VISIT TO THE DALÍ, OR DURING YOUR PARTICIPATION IN ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE DALÍ, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (I) THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING THE DALÍ DURING ANY EPIDEMIC OR PANDEMIC, INCLUDING THE COVID-19 PANDEMIC. YOU FURTHER AGREE THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE EXTENDS TO AND ENCOMPASSES ANY AND ALL CLAIMS, LIABILITIES OR DEMANDS THAT RELATE IN ANY WAY TO EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE OR INFECTIOUS DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19, BY ANY OTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED TO YOUR MINOR CHILDREN AND/OR FAMILY MEMBERS, AS A RESULT OF THEIR VISITING THE DALÍ AND USING TICKET(S) AND/OR PASS(ES) YOU PURCHASED OR AS A RESULT OF THEM BEING EXPOSED TO SUCH DISEASES BY YOU AFTER YOUR VISIT TO THE PROPERTIES. TO THE EXTENT PERMITTED BY LAW, YOU FURTHER AGREE THAT IT IS YOUR INTENTION THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS BEING ENTERED INTO ON YOUR BEHALF, AS SET FORTH ABOVE, AND ALSO ON THE BEHALF OF ANY OTHER INDIVIDUAL WHO USES AN ADMISSION TICKET AND/OR PASS PURCHASED BY YOU TO ENTER THE PROPERTIES.
- 3. Ticket Policies. No exchange of tickets will be made under any circumstances. No refunds on tickets will be made under any circumstances. Tickets are not transferable. The resale of tickets is prohibited. The Dalí Museum reserves the right to cancel any tickets that have been resold. Lost or damaged ticket(s) will not be entertained. Tickets are valid for the date and time you selected. If you arrive at the Museum and have missed your time-slot, we will work to find you the next available one. You will not be charged sales tax or other fees upon your purchase. Tickets are for general admission to the Museum and not valid towards events which have a separate charge. Tickets include access to all available public areas of the Museum including the galleries. Tickets will be collected at the Admissions counter. Purchaser must present printed or mobile ticket. Student ID and Senior Citizen ID (and others where applicable) must be shown to obtain discounts (where applicable) and upon admission. Purchasers of tickets who are under 18 years of age should seek parental consent before purchasing tickets from our website. By transacting on our website, purchaser certifies that purchaser is at least 18 years of age and understands and accepts these conditions of use.
- 4. Security Policies. The Ticket Holder agrees to submit to any physical search while on-site at The Dalí for any prohibited items including but not limited to weapons, controlled, dangerous and illegal substances and recording devices. The Ticket Holder voluntarily assumes all risk and danger incidental to their visit whether occurring prior to, during or subsequent to the actual visit, including any death, personal injury, loss, damage or liability. By creating accounts and passwords on the Websites, users agree to maintain the confidentiality of their login credentials and are responsible for restricting access to their personal computer and mobile devices. User agrees to use the Websites for lawful purposes only and will not participate in any action that will compromise the security of the Websites or damage the Websites and their content.
- 5. Copyright and Proprietary Rights. The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Websites (collectively, the “Materials”) are proprietary to the Museum or its licensors unless identified by an Open Access (OA) icon. Materials identified as OA are either those that the Museum believes to be in the public domain, or those to which the Museum waives any copyright it might have. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Museum.
- 6. Trademarks. Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Websites, including THE DALÍ MUSEUM, THE DALÍ, “THE DALÍ” LOGO, DREAMS OF DALÍ and DALÍ LIVES are registered and/or unregistered marks of The Dalí Museum. The trademarks of third parties may also be displayed on the Websites. Nothing contained in the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Websites without the express written permission of the Museum or any third party that may own the Trademarks displayed on the Websites. Without limiting the foregoing, the Trademarks may not be used in an URL. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.
- 7. Authorized Uses. The Museum does not warrant that use of any materials displayed on the Websites will not infringe the rights of third parties not owned by or affiliated with the Museum. For example, some works may be under copyright by the artist or the artist’s heirs holding rights to these works, or may include third-party trademarks or rights of publicity. In many instances the caption may offer more information about the rights status; such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying rights.
- 8. User Responsibility. From time to time the Museum may invite users to share content. Please know that shared content will be reviewed by Museum staff and may be reproduced by the Museum in all media now known or hereinafter devised.
- 9. User-Generated Content. By posting content on our social media properties or through our websites, including but not limited to comments, photographs, product reviews, and links to external sites, on the Websites, and by using our messaging services such as the Dalí Lives selfie-text message, users agree to comply with all requirements and procedures for posting and messaging, and to avoid abusive and offensive language and to refrain from posting any content that is commercial in nature, advocates for a political cause or legislation, or infringes upon any third party’s rights, including privacy, copyright, trademark, or patent. The Museum does not endorse any opinions or recommendations posted by users or third parties. The Museum requires users to obtain all necessary permissions, such as for a copyrighted work by an artist or a copyrighted story or a news article written by another person, before posting or distributing any content on the Websites. It is strictly prohibited to post or transmit any unlawful, threatening, or infringing material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, be a violation of privacy or publicity, or otherwise violate law. The Museum shall have the right, but not the obligation, to inspect, monitor, review, edit, remove, refuse or delete any content for any reason whatsoever. Access and accounts of repeat infringers will, in appropriate circumstances, be terminated. The Museum does not warrant that the use of the materials on the Websites will not infringe the rights of any third party, and assumes no responsibility or liability arising from such content or materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, danger, or inaccuracy contained in information within such locations of the Websites. Please note: The Museum may discontinue any portion of the Websites at any time. It will not remove comments upon a user’s request. By submitting comments, users acknowledge that they will be posted on the Internet. Users grant the Museum the right to quote from comments in all media now known and hereinafter devised. By posting or distributing information or material on the Websites, users expressly abandon any proprietary rights in their comments, and such information or material may be freely copied and distributed by others without your permission.
- 10. Purchasing on the Websites. The Museum has the right to refuse, limit, or cancel any orders placed on the Websites. Errors in pricing or description are subject to correction and may be adjusted at any time. Errors in order processing are also subject to correction. A user must be 18 or older to make a purchase on the Websites.
- 12. Links to Third-Party Sites. The Museum has not reviewed all of the sites linked to or from the Websites and is not responsible for the content or privacy policies of any off- site pages or other sites linked to or from the Websites. The Museum provides these links as a convenience, and linking to any off-site pages or other sites is at the user’s own risk. A link does not imply endorsement or affiliation with the linked site by the Museum.
- 14. Disclaimer of Warranties. Without limiting the foregoing, all Materials on the Websites are provided “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD-PARTY PROPRIETARY RIGHTS. The Museum may update, change, or delete content at any time. The Museum makes reasonable, ongoing efforts to revise and update the Websites, but does not warrant that the Websites will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Websites. The Museum assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user’s computer equipment or other property resulting from use of the Websites or downloading of any Materials from the Websites. At its discretion the Museum may discontinue or take down the Websites or any section or Material within the Websites at any time.
- 15. Digital Millennium Copyright Act (DMCA). The Museum is committed to complying with U.S. copyright and related laws, and requires all users of the Websites to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. A copyright owner of any content should contact the Museum immediately to report any concerns of infringement by providing notice to the Museum’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email, please address it to email@example.com; if such notice is provided by mail, please address it to: The Dalí Museum, 1 Dalí Blvd., St. Petersburg, FL 33701.
- 16. Indemnity. The user agrees to indemnify, defend, and hold the Museum and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to the user’s use of or operation of the Websites or any of their Materials.
- 18.Applicable Law and Jurisdiction. These Terms and Conditions and any amendments thereto shall be governed and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of laws. Any dispute arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in Pinellas County and the State of Florida, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.