***IMPORTANT: WHEN YOU SUBMIT A TIP OR PHOTO, IT MAY APPEAR ANYWHERE ON JETBLUE'S WEBSITES AND SOCIAL MEDIA PAGES, ALONG WITH YOUR FACEBOOK NAME OR TWITTER HANDLE AND PROFILE PHOTO. OTHER PEOPLE CAN SHARE YOUR TIPS THROUGH THEIR OWN SOCIAL MEDIA CHANNELS***
USE OF SOFLY: You may use SoFly for personal purposes only and not for any business, commercial or other use. You must sign in to SoFly using either your Facebook or Twitter account. JetBlue has the right, in its sole discretion, to deny, restrict, suspend or terminate a user's ability to post content to SoFly, with or without prior notice or explanation, and without liability.
USER CONTENT: SoFly will allow you to submit certain content, like travel tips and photographs. You represent and warrant that you exclusively own any content that you post and that your posting of such content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. To the extent any such content is covered by intellectual property rights, like photos, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and/or distribute such content on or in connection with SoFly and/or on or through the JetBlue Websites (as defined in the JetBlue Website Terms and Conditions) and/or on JetBlue social media accounts and pages. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any content posted by you.
JETBLUE ASSUMES NO RESPONSIBILITY FOR CONTENT SUBMITTED VIA SOFLY.
CONTENT GUIDELINES: By submitting a tip or photo or any other content in connection SoFly (each, a "Submission"), you agree that such Submission conforms to these SoFly Terms and that JetBlue, in its sole discretion, may, at any time, disqualify, refuse to post, take down and/or modify that Submission for any reason. Without limiting the foregoing, Submissions (or any element thereof) may not contain, as determined by the JetBlue, at its sole discretion, any content that:
GRANT OF RIGHTS TO SUBMISSIONS (PUBLICITY/CONTENT RELEASE):
BY MAKING A SUBMISSION, YOU HEREBY GRANT PERMISSION FOR THE SUBMISSION TO BE: (I) POSTED ANYWHERE ON JETBLUE'S WEBSITES (WWW.JETBLUE.COM AND ALL SUBDOMAINS AND OTHER WEBPAGES OWNED OR OPERATED OR CONTROLLED BY JETBLUE); (II) POSTED OR OTHERWISE SHARED ON JETBLUE'S SOCIAL MEDIA NETWORK PAGES/ACCOUNTS; AND/OR (III) TO BE USED AS SET FORTH IN THE "GRANT OF RIGHTS TO SUBMISSIONS" SECTION BELOW. Participant agrees that Released Parties (as defined below) are not responsible for any use of Submissions by third parties. Released Parties do not guarantee the posting of any Submission.
By making a Submission, you agree to grant Sponsor and its agents, representatives, designees, and others working for it or on its behalf, and their respective licensees, successor and assigns, the unlimited right and permission to post, publish, display, store, use, digitize, broadcast, reproduce and otherwise exploit your Submission, with or without your name, address (city and state), photograph, statements, likeness and/or the name, photograph and/or likeness of any third party or location depicted therein, in whole or in part, alone or with any other materials, with or without edits, in any and all media (whether now known or hereafter devised), in any manner, anywhere in the world, in perpetuity, for any lawful purpose (including, without limitation, for advertising or trade and publicizing Sponsor and its products and services). For clarity, the foregoing grant of rights includes the right to use any or all elements of your Submission, including, without limitation, your name and likeness and/or the names and likenesses of any persons or locations depicted therein. You understand and agree that you will have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of any use, blurring, alteration, distortion, faulty reproduction, fictionalization or use in any composite form of your Submission. Sponsor shall have no obligation to use your Submission or any content you supply in connection SoFly.
You further grant JetBlue permission to contact you in any manner deemed necessary or appropriate regarding your Submission.
GENERAL CONDITIONS, RELEASE, AND LIMITATION OF LIABILITY: By using or interacting with SoFly, you agree (i) be bound by these Terms; (ii) waive any and all claims against JetBlue and its parents, subsidiaries, affiliates, and advertising and promotion agencies, and all of their respective officers, directors, shareholders employees, agents, representatives, and others working for them or on their behalf (collectively, the "Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, in connection with SoFly; and (iii) indemnify and hold the Released Parties harmless from any and all losses, liabilities or expenses, including, without limitation, reasonable attorneys' fees, resulting from any claims, proceedings or investigations arising from or in connection with your participation in SoFly or compliance or non-compliance with these Terms.
Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected Submissions, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or problems of any kind relating to or in connection with SoFly, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of SoFly, the processing of Submissions, or in any SoFly-related materials. Persons found tampering with or abusing any aspect of this SoFly, who are acting in a disruptive or unsportsmanlike manner, who are engaging in frauduelent, unlawful or disruptive activity, or who are otherwise not in compliance with these Terms, as solely determined by JetBlue, may be disqualified or banned from SoFly, all in Sponsor's sole discretion. Released Parties are not responsible for injury or damage to your or to any other person's computer related to or resulting from participating in SoFly, including, without limitation, from downloading materials or use of the site.
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES (WHETHER SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE SOFLY (INCLUDING, WITHOUT LIMITATION, ANY USER GENERATED CONTENT POSTED OR SHARED IN CONNECTION THEREWITH), HOWSOEVER CAUSED AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE RELEASED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT IN ANY WAY LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (WHETHER SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, HOWSOEVER CAUSED AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE RELEASED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Each Participant is solely responsible for any and all costs and expenses that may be associated with participation in SoFly, including, without limitation, data rates for a mobile device.
DISCLAIMER: SOFLY IS PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED. JETBLUE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMIATION ,ANY EXPRESS OR IMPLIED WARRANTY OF EXPECTATION OF PRIVACY, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, THOSE ARISING BY STATUTE, OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
CHANGES TO THE TERMS AND CONDITIONS: JetBlue reserves the right, at any time, to modify these SoFly Terms. Please review these Terms from time to time to ensure you are familiar with the most current version. Your continued usage of SoFly following such modification shall constitute your acceptance of the changes. If you do not agree to any such changes you must immediately cease using SoFly.