Developed by Tap Banana, Walkee™ iGuide to Disneyland® Park is a highly detailed, original, and creative iPhone and iPod Touch application. Our talented design team has put in over 250 hours of development time to produce a Disneyland® Park map rich with color and in stunning detail to assure you have an amazing user experience.
Your Walkee™ iGuide to Disneyland® Park is GPS-enabled and fully customizable, offering an interactive and fun alternative to one-dimensional paper maps. Pre-select all of your Favorites before you arrive, or just browse Attractions, Restaurants and Shops, as well as other important park locales. Once you’ve completed a Favorite, or anything, just check it off to instantly see where you’ve been and what you’ve done. Customize any Detail page with a picture and note; then share the magic by emailing them as colorful E-Cards to family and friends.
Not planning to go anytime soon? No problem. Explore Disneyland® Park, and its many famous attractions anytime for a quick and fun break from the demands of the day. You’ll find something new every time you look!
Quick Tips and Walkee™ Features:
If you’re planning a trip to Disneyland® Park, take some time to familiarize yourself with your Walkee’s functions and map before you go. We’ve listed the most common questions and answers to get you started.
Can I zoom in and out of the map?
YES – Your Walkee™ iGuide to Disneyland™ Park is a highly detailed map. So go ahead, zoom in close… real close! You’ll be amazed at what you see—find something new every time you look!
Note: As you move the map view around, allow the screen a second to refresh to assure a crystal clear image.
Aren’t the maps locator icons too small to easily see, or blurry when I zoom in?
NO – Your Walkee’s map locators are completely scalable. That is to say, they are designed to stay one size when zoomed in or out, and remain in perfect focus all the time.
Will the GPS tracker walk with me as I go, or will I constantly have to make it find me?
The GPS tracker follows you along as you go, so you will always know where you are and what’s near you. No need to constantly tap a Find Me button. The GPS tracker is large enough to see at arm’s distance, so no need to squint or search the map for it. Note: If you close your Walkee™ and open it back up, allow a few seconds for the GPS tracker to find you again. If your GPS tracker has any trouble finding you, just reset your phone. Note: Not available with iPod Touch.
What locations can I see on my Walkee™?
Select up to four map categories at one time. Tap the launch button to display the map. Tap a locator icon to see the name, (i.e., Matterhorn, Tiki Juice Bar, or Disney Clothiers). Tap the blue Go arrow to go to a Detail page. Map categories include: Attraction, Dining, Shops, My Favorites, We Did That, Rides with Height Requirements, Disney Character Meet locations, Kodak® Photo Spots, Information Center, Restrooms, ATM’s, Stroller Rentals, Locker Rentals, Baby Care Centers.
I have the first generation iPhone; what can I see?
You can see everything the 3G can see. Note: The GPS tracker on the first generation iPhone may respond slower or not be as accurate.
I have an iPod Touch, what can I see?
You can see everything on the map including attractions, dining, shops, and everything listed in More.
Can I see which locations are near me?
YES – Just select what you want to see from the selection ring, (i.e., Favorites, Did That, Restaurants, or any map category, and Tap the launch button. You will immediately see what’s near your GPS tracker.
How do I get to a specific location?
Display the location you want on your Walkee™. Determine where you are and where the location is on the map. Start walking; your GPS tracker will walk with you. Just start walking toward what you want to find.
How can I just browse locations?
Select what you want to browse from the selection ring, and tap the launch button. Tap an icon to display its name. Tap the blue Go arrow to go to its Detail page. Add it to your Favorites or Check-It off when completed.
Is there information about attractions, restaurants and shops?
YES – Detail pages are accessible by tapping the blue Go arrow on any location name.
Attraction Detail pages are sectioned into eight parts: The Brief, The Back Story, Tummy Tester, FastPass availability, Height Requirement, Ride Length, average Line Waits, and Wikipedia link.
Restaurant Detail pages are sectioned into six parts: Overview, Cuisine type, Price Range, Dining type, Full service or Counter service, and Menu link.
Shop Detail pages give you a general overview of the type of merchandise available. Note: Shops change their merchandise often. We try to provide a brief overview, but a shop’s merchandise may differ from what we have posted.
Is there more than just a sentence or two describing a ride?
YES – Our editors provide many interesting facts and trivia about the history of your favorite attractions. Tap the Wikipedia link at the bottom of any Attraction Detail page to read more.
How can I make a location name on the map disappear?
Tap the name to turn it off; tap the locator icon again to turn it back on, or tap the blue Go arrow to go to its Detail page.
Can I customize my Walkee™ with only the things I want to see and not the things I don’t?
YES – The User Interface on your Walkee™ is elegantly designed and easy to use. Select up to four map selections at a time. Your selections will display in the launch button. Tap the launch button to display the map.
Can I pre-select my favorites before I go?
Yes – My Favorites can be selected from any Details page. Tap the My Favorites button. Your selections locator icon will turn into a red Star on the map. All Attractions, Dining, Shops, Disney Character Meets, and Kodak® Photo Spots have Detail pages.
Can I just place My Favorites on the map?
YES – Place only your Favorites on your Walkee™ by tapping the Star on the selection ring. Then tap the launch button.
How will I know what a Favorite Star is on the map?
Each Favorite Star will display the symbol of what it is inside it.
Can I check off the things I’ve done?
YES – Things you’ve done can be selected from any Details page. Tap the We Did That button. A Checkmark will be added to your selection on the map. All Attractions, Dining, Shops, Disney Character Meets, and Kodak® Photo Spots have Detail pages.
Can I just place the things I’ve done on the map?
YES – Place only the things you’ve done or seen on your Walkee™ by tapping the Checkmark on the selection ring. Then tap the launch button.
I am prone to motion sickness and not sure about riding some of the rides. Can my Walkee™ help?
YES – Our Tummy Tester description on each Attraction Detail page will help you decide.
Can I display only rides that have Height Requirements?
YES – Display only rides that have Height Requirements on your Walkee™ by tapping More at the bottom of the selection ring. Tap Height Requirements to add them to the launch button. Tap the launch button to display them on the map. Tap any Height Requirement locator icon to see what the requirement is.
All Attraction Detail pages also have Height Requirements in the ride description.
Can I see Restaurant Menus?
YES – If the overview is not sufficient, Review any Restaurant Menu by tapping the Menu link at the bottom of any Restaurant Detail page.
Can I see scheduled show times, parade times, and ride closings?
YES – Tap the Clock in the upper right corner of the main screen to display the Daily Calendar. Tap Get Schedule. Today’s date will be automatically selected, or select another date. We try to keep the Daily Calendar schedules available for two to four weeks in advance.
Can I see scheduled events and parades times for all the days I am here?
YES – Slide the Length of Stay indicator to the number of days you are staying up to 10 days. Tap Get Schedule.
How can I keep track of the people I need to buy gifts for?
If you already know what you want to purchase and what shop you want to visit, select that shop and make it a Favorite. Tap the Edit button in the upper right corner of the Shop Detail page. Type the name of the person and their gift. Tap Done. Now you have a record.
How can I keep track of the gifts I purchase?
Once you’ve purchased something, simply add what it is and who it’s for in the Note section of the Shop Detail page. Tap Done when finished.
What are Walkee™ E-Cards?
Walkee™ E-Cards are a fun and simple way to send pictures and notes to family and friends as you go. No need to send old-fashioned postcards anymore. You can email Walkee™ E-Cards after a thrilling a ride, while standing in line, when everyone’s together dining, shopping for that perfect Disney gift, or just trying on silly hats… Send Walkee™ E-Cards anywhere, anytime! Here’s how it works –
- Select which Detail page you want to use as your Walkee™ E-Card, (i.e., Attraction, Restaurant, Disney Character Meet, etc.)
- Tap Edit in the upper right corner
- Tap Add Photo
- Select either Take Photo or Choose Existing Photo
- Tap Add a Note and type a message up to seven lines
- Tap Done when finished
- Take a Screen Shot (Hold down the screens On button at the bottom and the phones Shut Down button on top at the same time. You will here the cameras shutter sound)
- Go to your Camera Roll and email your E-Card to anyone you want, or upload it to your Facebook page.
Your friends and family will love getting colorful Walkee™ E-Cards as the fun happens in real time. (Note: If you type a message more than three lines long, be sure you move the screen up to display your entire note before you take the screen shot. (Needs internet connection)
What else can I keep track of?
The Note feature is designed to let you record anything you need from any Detail page like: FASTPASS® return times, dining reservation times, parade time at a designated Kodak® Photo Spot, Disney Character Meet schedules, where and what time you want meet others, gift lists of people to buy for, gift lists of gifts you already purchased, important phone numbers, anything you want.
Can I see wait times for lines?
YES – We encourage you to record your wait times, as well as see what others in the Walkee™ community have recorded with My Wait Times. My Wait Times display next to the rides name and are time stamped. A wait time can only be recorded if you are in Disneyland® Park.
There are two ways to record your wait time:
- Tap the My Wait Times button in the lower left corner of the main screen.
- If you want to quickly find a ride that is displaying a wait time you like, tap the Map It button.
- To record your own wait time, tap one of the 14 rides you want to record a wait time for.
- Before you get in line, record the wait time posted on the Wait Sign located at the line’s entrance, or…
- Use our handy Walkee™ Line Timer. Start it when you get in line, and stop it when you’re close to boarding the ride. Then record your time.
As the Walkee™ community grows, so will the number of people who use My Wait Times and the service will improve. If you don’t see a wait time posted for a particular ride, be the first to post one and help other Walkee™ users avoid those long wait lines.
We also post Average Wait Times on each Attraction Detail page.
A note about wait times. Monday through Thursday between the parks opening and 3 pm on non-holiday or non-summer vacation days are the best times to ride. Wait times are half as long during this time. On weekends, holidays and summer vacation days, the lines fill up within an hour of opening and stay that way until the park closes. Magic Morning allows admission into selected attractions at Disneyland® Park before the park opens to the public on Sunday, Tuesday, Thursday or Saturday. This is the absolute best time to get on your favorite rides with little or no lines. Go to Disneyland.com for more information.
When are wait times updated?
Each time someone records a wait time, it is displayed next to the ride name and is time stamped. When another person records their wait time, it replaces the previous one.
Is My Wait Times accurate?
We spent a great deal of time analyzing the best way to provide the Walkee™ community with a reliable wait time feature. Input directly from the Walkee™ community offers the most reliable information. Only Walkee™ users inside Disneyland can record a wait time to eliminate unreliable entries. Our dedicated team of developers diligently monitors My Wait Times. They have the power to override an entry that appears inconsistent.
Do you store my wait time information?
No – My Wait Times does not store any information.
Can I see locations in individual LANDS?
YES – Tap the compass in the upper left corner. Tap the Land you want to see. Your selected Land will automatically display all the locations in that Land.
How do I know what LAND I am in?
Lands are color-coded for easy identification.
Main Street U.S.A. – Reddish Brown
Adventureland – Green
Fantasyland – Pink
Tomorrowland – Light Green
Frontierland – Golden Tan
Mickey’s Toontown – Gold
New Orleans Square – Purple
Critter Country – Dark Brown
Can I record where I parked my car?
YES – My Parking is located in the menu bar at the bottom of the main screen. Select the Lot and tap the check mark; select the Level and tap check mark; select the Section and tap check mark; select the Aisle and tap check mark. Tap the X to start over.
Can we find restaurants outside of the park?
YES – We set Google to locate restaurants outside the park that are close by, generally within walking distance. Search by cuisine type. Tap the desired cuisine. Tap the launch button. Only one cuisine type at a time can be loaded on the map. We plan on expanding this feature in the future so stay tuned.
We listen! We want to hear from you, the Walkee™ community with your suggestions on how we can make Walkee™ iGuide to Disneyland® Park a better and more useful app. Please send your suggestions for this Walkee™, and other Walkee™ locations you would like to see!
END USER SOFTWARE AGREEMENT
1. AGREEMENT
This End User Software Agreement (the “Agreement”) constitutes a legally binding agreement by and between MediaLAB, Inc. (hereinafter, “MediaLAB”) and you (“You” or “Your”) concerning Your use of the Walkee DL Park iGuide (the “Application”). BY DOWNLOADING OR USING THE APPLICATION, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THIS AGREEMENT AND THE TERMS AND CONDITIONS ESTABLISHED BY APPLE, INC. (“Apple”) FOR IPHONE APPLICATIONS SET FORTH IN THE “APP STORE TERMS AND CONDITIONS” (“Apple Terms and Conditions”) LOCATED AT HTTP://WWW.APPLE.COM/LEGAL/ITUNES/WW/, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE APPLE TERMS AND CONDITIONS, DO NOT DOWNLOAD OR USE THE APPLICATION.
As used in this Agreement:
· “Application” shall further refer to and consist of the following: (i) the mobile software application accompanying this Agreement, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components; and (ii) any updates, modifications or enhancements to the items listed in subsection (i).
2. NO ENDORSEMENT; ENTERTAINMENT PURPOSES ONLY
MediaLAB and the Application are not affliated with, endorsed, sponsored or licensed by, or in any way connected to Walt Disney Corporation, Disneyland, Inc. or Disney Enterprises (collectively, “Disney”), and DISNEY, WALT DISNEY LAND, DISNEYLAND, DISNEYLAND PARK, and all of their various forms, are trademarks or registered trademarks of Disney. The Application is for entertainment purposes only and is not intended to replace any guides, maps, brochures, schedules, or any other park documents published by Disney. Any reference by the Application to Disney names, lands, characters, brands and trademarks are strictly for informational, commentary and editorial purposes.
3. LICENSE AND RESTRICTIONS ON USE
(a) LICENSE GRANT. MEDIALAB GRANTS YOU A REVOCABLE, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED RIGHT TO INSTALL AND USE THE APPLICATION ON A SINGLE APPLE IPHONE (“iPhone”) OWNED AND CONTROLLED BY YOU, AND TO ACCESS AND USE THE APPLICATION ON SUCH IPHONE STRICTLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
(b) Restrictions on Use. You shall use the Application strictly in accordance with the terms of this Agreement and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of MediaLAB or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one iPhone at a time or on any other mobile device or computer; (g) distribute the Application to multiple iPhones; (h) make the Application available over a network or other environment permitting access or use by multiple iPhones or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by MediaLAB; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (k) use any proprietary information or interfaces of MediaLAB or other intellectual property of MediaLAB in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
4. INTELLECTUAL PROPERTY RIGHTS
(a) Rights to Application. You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of MediaLAB. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of MediaLAB and its affiliates, licensors and suppliers. Except as expressly stated in this Agreement, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this Agreement are hereby reserved and retained by MediaLAB.
(b) Third Party Software. The Application may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this Agreement and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be “open source” or “publically available” software.
(c) MediaLAB Marks. WALKEE, WALKEE DL PARK IGUIDE, and the “Walkee Logo” (collectively, the “MediaLAB Marks”) are trademarks or registered trademarks of MediaLAB, Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Application may be the trademarks of third-parties. Neither Your use of the Application nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the MediaLAB Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the MediaLAB Marks generated as a result of Your use of the Application will inure to the benefit of MediaLAB, Inc., and You agree to assign, and hereby do assign, all such goodwill to MediaLAB, Inc. You shall not at any time, nor shall You assist others to, challenge MediaLAB, Inc’s right, title, or interest in or to, or the validity of, the MediaLAB Marks.
(d) MediaLAB Copyrights; Copyright Notice. All content and other materials available through the Application , including without limitation any software code, scripts, interfaces, graphics, displays, text, documentation and other components, and the selection, arrangement and organization thereof, are either owned by MediaLAB, Inc. or are the property of MediaLAB’s licensors and suppliers. Except as explicitly provided, neither Your use of the Application nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2009 to the present, MediaLAB, Inc. ALL RIGHTS RESERVED.
5. RESTRICTION ON TRANSFER
YOU MAY NOT RENT, LEASE, LEND, SUBLICENSE OR TRANSFER THE APPLICATION, THIS AGREEMENT OR ANY OF THE RIGHTS GRANTED HEREUNDER. ANY ATTEMPTED TRANSFER IN CONTRAVENTION OF THIS PROVISION SHALL BE NULL AND VOID AND OF NO FORCE OR EFFECT.
6. USE OF INFORMATION
You hereby authorize and consent to the collection, storage and use, by MediaLAB and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Application (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate form: search requests, search results, patterns, data and suggestions based on user actions. Notwithstanding the foregoing, You shall not provide or disclose and the Information shall not include any information or data that is personally identifiably to You. The Information will be treated as being non-confidential and non-proprietary and MediaLAB will be free to reproduce, use, and distribute the Information to others without restriction. MediaLAB will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.
7. THIRD PARTY CONTENT AND SERVICES.
(a) General. You acknowledge that the Application may permit access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).
(b) Disclaimer. You acknowledge that MediaLAB does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and MediaLAB and its affiliates, partners, suppliers and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. MediaLAB hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
(c) Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that MediaLAB and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that You are not being granted a license to: (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
(d) Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by MediaLAB or its affiliates of such Third Party Content and Services. MediaLAB reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although MediaLAB has no obligation to restrict or deny access even if requested by You.
(e) Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter: (i) that You or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that MediaLAB and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.
8. TERM AND TERMINATION; SURVIVAL
(a) Term. This Agreement shall be effective until terminated.
(b) Termination. MediaLAB may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this Agreement, then this Agreement and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by MediaLAB. Upon the termination of this Agreement, You shall cease all use of the Application and uninstall the Application.
(c) Survival. The following sections of this Agreement and any other provisions of this Agreement which by their express language or by their context are intended to survive the termination of this Agreement shall survive such termination: 2, 3(b), 4, 5, 6, 8, 9, 10, 1, 13 and 14.
9. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. MEDIALAB AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, MEDIALAB AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT: (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIALAB OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT MEDIALAB AND APPLE HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MEDIALAB OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT MEDIALAB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MEDIALAB’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AGGREGATE PRICE YOU PAID TO MEDIALAB DURING THE SIX MONTHS PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY OR THE AMOUNT OF FIFTY DOLLARS ($50.00), WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MEDIALAB AND YOU. THE APPLICATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. INDEMNIFICATION
You shall indemnify, defend and hold harmless MediaLAB and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or Third Party Content and Services; (ii) Your breach of this Agreement; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the Agreement.
12. COMPATIBILITY
MediaLAB does not warrant that the Application will be compatible or interoperable with Your iPhone or any other piece of hardware, software, equipment or device installed on or used in connection with your iPhone. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your iPhone to diminish or fail completely, and may result in permanent damage to Your iPhone, loss of the data located on Your iPhone, and corruption of the software and files located on Your iPhone. You acknowledge and agree that MediaLAB and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
13. GOVERNING LAW; JURISDICTION AND VENUE
The Application and this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Los Angeles, CA and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
(a) Requirement of Arbitration. You agree that any dispute, of any nature whatsoever, between You and MediaLAB, Inc. arising out of or relating to the Application or this Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in Los Angeles, CA unless You and MediaLAB, Inc. mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of California and JAMS’ Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS fee and reasonable attorney’s fees) to the prevailing party.
(b) Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude You or MediaLAB, Inc. from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or MediaLAB, Inc. from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN LOS ANGELES, CA.; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
13. MISCELLANEOUS
(a) Severability. If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of this Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(b) Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
(c) Export Control. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (i) located in any 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, or (ii) listed on any U.S. U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that You will not use the Application for any purposes prohibited by United States law.
(d) Modification or Amendment. MediaLAB may modify or amend the terms of this Agreement by posting a copy of the modified or amended Agreement on the MediaLAB website, at: TapBanana.com. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date in which the modified or amended Agreement is posted on the MediaLAB website.
(e) Third Party Beneficiaries. Except as provided in this Section 13(e), nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. You and MediaLAB acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right to enforce this Agreement against You in its capacity as a third party beneficiary to the Agreement.
(f) Assignment. You shall not assign this Agreement or any rights or obligations herein without the prior written consent of MediaLAB and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.
(g) Entire Agreement. This Agreement including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
(h) Headings. The headings contained in this Agreement are inserted as a matter of convenience and for ease of reference only and shall be disregarded for all other purposes, including the construction or enforcement of this Agreement or any of its provisions.
(i) Notices. Please direct any questions, complaints or claims related to this Agreement or Your use of the Application to the following:
MediaLab, Inc.
63 Via Pico Plaza, Suite 343
San Clemente, CA. 92672
Copyright MediaLAB, Inc. All rights reserved.