BY CONFIRMING YOUR AGREEMENT BELOW, YOU ACKNOWLEDGE AND ASSENT TO THE FOLLOWING TERMS AND CONDITIONS OF TRUEBLUE COMMUNITY.
1. These TRUEBLUE COMMUNITY Terms and Conditions (the "Agreement") govern your participation in the TRUEBLUE COMMUNITY (the "Community") run by JetBlue Airways Corporation ("JetBlue"). By agreeing below, you accept the terms and conditions of this Agreement.
2. By agreeing below, you represent and warrant that: (a) the information you provide in connection with the Community is true, accurate, complete, and current; (b) you are an individual 13 years of age or older; (c) you will not use the Community for the sale of goods or services.
3. JetBlue reserves the right to terminate the Community, this Agreement, and your participation in the Community at time.
4. You grant JetBlue permission to link to any website identified by you in the Community.
5. For purposes of this Agreement, User Content shall be defined as any information, data, text, software, sound recordings, music, graphics, photographs, video, messages, or other content or materials, including, without limitation, artwork, images, ideas, tips, recommendations, comments, stories, names, likenesses, biographical information, profiles, including any links to any of the foregoing, that is submitted to JetBlue by you, whether or not in conjunction with the Community.
6. You are solely responsible for User Content submitted by you ("Your User Content"). You represent and warrant that (a) you shall have good and legal title to and own all right, title, and interest to Your User Content, or have permission from the rightful owner, sufficient to grant all the license rights contained herein and that all "moral rights" in Your User Content have been waived; (b) you shall have obtained legally sufficient releases from each and every third-party appearing in Your User Content, including the parent or guardian of each and every minor depicted in Your User Content; (c) Your User Content shall not be defamatory or libelous, and shall not infringe or violate any patent, copyright, trademark, trade secret, or other intellectual property or proprietary right, including without limitation, the rights of publicity or privacy, of any third party; (d) the submission of Your User Content shall not violate any agreement with any third-party, including, but not limited to, any confidentiality or non-disclosure agreement; (e) the submission of your User Content shall not violate any applicable law, regulation, ordinance, judgment, permit, or other governmental rule or restriction; and (f) Your User Content shall not depict nudity or violence or be obscene, vulgar, sexually explicit, illegal, harmful, threatening, abusive, harassing, humiliating, objectionable, or otherwise improper. JetBlue has sole discretion is determining compliance with this Section and may immediately remove without consent Your User Content that violates this Section. This Section shall survive termination of this Agreement.
7. You further agree you will not use the website for the Community (the "Site") or your participation in the Community to: (a) conduct any illegal activity or further any illegal purpose; (b) solicit or attempt to solicit funds for goods and services; (c) upload, transmit, or otherwise make available software viruses or other harmful code or components; (d) impersonate any person or entity; or (e) upload, transmit, or otherwise make available any solicitations, including without limitation, spam and chain letters. This Section shall survive termination of this Agreement.
8. You shall retain your ownership rights in Your User Content. Notwithstanding the foregoing, you hereby grant to JetBlue, its subsidiaries, and affiliates, agents, representatives, licensees, successors, and assigns (collectively, the "JetBlue Licensees"), a perpetual, irrevocable, world-wide, royalty-free, transferable and sub-licensable, non-exclusive license to use, edit, store, display, exhibit, copy, reproduce, distribute, perform, adapt, translate and prepare derivative works based on Your User Content, in whole or in part, (whether or not Your User Content is used by JetBlue or the JetBlue Licensees) for any purpose whatsoever, commercial or otherwise, in connection with the Site, the Community and/or the business of the JetBlue Licensees, by any means and in any media whatsoever, now existing or hereafter devised, without notice to you and with or without attribution, including without limitation, the ability to use Your User Content to design, develop, manufacture, distribute, or market products or services. You also hereby grant each user of the Site a non-exclusive license to access, use, store, display, exhibit, copy, reproduce, distribute, perform and prepare derivative works based on Your User Content to the extent permitted by the Site’s functionality and any terms and conditions applicable to users of the Site. This Section shall survive termination of this Agreement.
9. JetBlue shall have no obligation to use, continue to use, link to, or post on the Site Your User Content. JetBlue at its sole discretion shall determine which User Content is used, in what manner, and for what duration. JetBlue may choose to use only a portion of Your User Content.
10. You are providing Your User Content to JetBlue on a NON-CONFIDENTIAL basis, and JetBlue will have no obligation to keep Your User Content secret or to refrain from using such information as authorized herein. This Section shall survive termination of this Agreement.
12. JetBlue reserves the right to terminate this Agreement at any time for any reason, with or without notice to you. Without limiting the foregoing, JetBlue may immediately terminate this Agreement if 1) at any time you fail to meet the eligibility criteria set forth in Section 2 of this Agreement; 2) you breach any term or condition of this Agreement; or 3) you violate or act inconsistently with spirit of the Community or this Agreement.
13. You agree to indemnify and hold harmless JetBlue, its subsidiaries and affiliates, and each of their officers, directors, employees, agents, and representatives, from and against any and all claims, demands, damages, losses, liabilities, obligations, costs, or expenses, including without limitation attorneys’ fees and expenses, arising from or related to: (a) Your User Content, including without limitation, the actual or alleged infringement or violation of any third-party right, including, without limitation, libel, slander, defamation, commercial piracy, copyright, patent or trademark infringement, misappropriation of trade secret, violation of rights of publicity and/or invasion of privacy; (b) your breach or violation (actual or alleged) of any term of this Agreement; and (c) any third-party damage or injury actually or allegedly caused by you. This Section shall survive termination of this Agreement.
14. JetBlue makes no representations or warranties regarding the Site or the Community. In particular, JetBlue makes no representations that the Site or the Community will be free of errors, defects, viruses, or other harmful components. JetBlue shall not be responsible for any loss or damages that may result from the hacking or infiltration this Site or the computer systems used to operate this Site or the Community. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA, INCLUDING RETAINING A COPY OF YOUR USER CONTENT, AND YOU AGREE TO HOLD JETBLUE HARMLESS FROM, AND COVENANT NOT TO SUE JETBLUE FOR, ANY CLAIMS BASED ON USE OF THE SITE, INCLUDING CLAIMS FOR LOSS OR DAMAGE TO THE COPY OR COPIES OF YOUR USER CONTENT SUBMITTED TO JETBLUE. JETBLUE MAKES NO REPRESENTATION OR WARRANTY THAT YOUR USER CONTENT WILL BE REPRODUCED IN AN ERROR-FREE MANNER, OR THAT DEFECTS IN THE SITE, OR IN YOUR USER CONTENT, WILL BE CORRECTED.
YOUR USE OF THE SITE AND YOUR PARTICIPATION IN THE COMMUNITY IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, THE SITE AND THE COMMUNITY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JETBLUE DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA, CONTENT, ARTISTIC WORTH, RESULTS, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THE SITE OR THE COMMUNITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. This Section shall survive termination of this Agreement.
15. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL JETBLUE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM (A) YOUR PARTICIPATION, OR INABILITY TO PARTICIPATE, IN THE COMMUNITY; (B) USER CONTENT, INCLUDING YOUR USER CONTENT; (C) ERRORS, MISTAKES, OR INACCURACIES IN USER CONTENT, INCLUDING YOUR USER CONTENT; (D) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM USE OF THE SITE OR PARTICPATION IN THE COMMUNITY; AND (E) ANY UNAUTHORIZED USE OF OR ACCESS TO THE SITE, OR THE HARDWARE AND SOFTWARE SYSTEMS USED TO OPERATE THE SITE AND THE COMMUNITY, EVEN IF JETBLUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL JETBLUE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN TORT, CONTRACT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO PARTICIPATE IN THE COMMUNITY. This Section shall survive termination of this Agreement.
16. This Agreement shall be governed by and construed in accordance with the laws of the State of New York and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in New York in connection with any action arising out of or related to this Agreement or its subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action. This Section shall survive termination of this Agreement.
17. This Agreement, and all rights and obligations hereunder, may not be assigned by you, but may be assigned by JetBlue with restriction of any kind.
18. The waiver or failure of any Party to exercise any right or enforce any provision in this Agreement shall not be deemed a waiver of any right or remedy under this Agreement.
19. JetBlue reserves the right to revise or change these terms and conditions at any time and without notice. Please visit this site periodically to learn of any revisions or changes.