Moco Museum audio tour conditions of use

1. Scope

These visitor conditions apply to anyone who has purchased and/or uses the access code for the Moco Museum Audio Tour (hereinafter referred to as “the Audio Tour” and “the User”). By using the Audio Tour, the User accepts these conditions of use.

For information about the museum’s visitor conditions, Moco Museum refers to its general visitor conditions,which are listed here. Deviations from these conditions are only valid if they have been explicitly agreed in writing.

2. Access

The Audio Tour access code can only be purchased after an entrance ticket for Moco Museum has been purchased at the cash register (hereinafter referred to as “the Purchase”).

Access to the Audio Tour is provided by entering the access code on the website www.mocoaudiotour.com. The website can only be accessed via the local Wi-Fi network of Moco. The Audio Tour can only be installed on the following devices [ENTER THE RELEVANT DEVICES/SOFTWARE], hereinafter referred to as “the Device”.

The audio tour is available in Dutch, English, French, German, Italian and Spanish.

3. User right

By using the Audio Tour, the User obtains a non-transferable, personal right to use the Audio Tour for non-commercial purposes, on a single Device, up to 24 hours after the Purchase.

Moco makes every effort to ensure that the Audio Tour works properly, but offers no technical support and cannot guarantee that the Audio Tour will work (flawlessly) on the Device.

The User is not permitted to:

• Make the Audio Tour or parts thereof available to third parties in any way, at a fee or otherwise;
• Connect the Audio Tour to a network, thereby enabling other devices to make use of the Audio Tour;
• Use the Audio Tour in any other way that is deemed improper and which can be detrimental to Moco Museum.

4. Liability

The following circumstances will never oblige Moco Museum to refund the User any money paid or to pay the User any compensation:

• Inaccuracies or omissions in the Audio Tour. The information in the Audio Tour is compiled with due care and attention. It is, nevertheless, possible that this information is incomplete and/or contains inaccuracies;
• The inability to view one or more objects in the museum that may or may not be included in the Audio Tour;
• Partial inaccessibility or partial closure of the building of Moco Museum, including partial closure due to the construction or demolition of exhibitions;
• Loss of the access code;
• Faulty functionalities caused by, among other things, an outdated device/outdated software;
• Moco Museum will make every effort to ensure that the Audio Tour is free from viruses, but cannot issue any guarantees.

Moco Museum reserves the right to temporarily take the Audio Tour or parts thereof out of service for maintenance, modification or improvements. Moco Museum will never be obliged to compensate the User or third parties for any damage or loss suffered on account of taking (part of) the Audio Tour out of service.

Moco Museum is only liable for damage or loss suffered by the User if and insofar as that damage or loss is a direct consequence of gross negligence or intent on the part of Moco Museum. The claim will, in any case, be limited to the lowest of the following amounts:

• The amount paid to Moco Museum by its insurer with regard to the individual claim;
• Compensation paid by a third party for the damage or loss to Moco Museum with regard to the individual claim.

Liability of Moco Museum for indirect damage or loss, including consequential loss, loss of profits or wage and missed savings is at all times excluded.

5. Intellectual property rights

The (intellectual) property rights with regard to the Audio Tour, including the underlying software, the content and the design of the Audio Tour, as well as the audio material, texts and other visual material are vested in Moco Museum.

Reproduction (including editing) and/or publishing without the prior written permission of Moco Museum is not permitted.

6. Applicable law

These user conditions and the agreement between the User and Moco Museum are governed by Dutch law. Any disputes that cannot be resolved in close consultation will exclusively be submitted to the competent court in Amsterdam.