Ownership of Site
All content including but not limited to images, and text on frblog.wpengine.com (the “Site”) are owned or licensed by WestJet, an Alberta partnership, or its affiliates (“WestJet”).
You may submit photographic and textual content (“User Submissions”) to the Site. You understand that whether or not such User Submissions are published, WestJet does not guarantee any confidentiality with respect to any User Submissions.
You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you have the permission of any person referred to or pictured in your User Submission; (ii) the events described in your User Submission are true; (iii) you own or have all the necessary licenses, rights, consents, and permissions to use such content; and (iv) WestJet may use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights (“Intellectual Property Rights”) in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site and its content remains with you. You agree to defend, indemnify, and hold WestJet, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use the Site or its content, (ii) your User Submissions, or (iii) your violation of these Terms.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Site, you hereby grant WestJet a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels including but not limited to WestJet Corporate Sites, mobile sites, eNewsletters, Facebook, Twitter, Pinterest, Instagram, Linkedin and WestJet apps. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WestJet all of the license rights granted herein.
No Infringement of Intellectual Property Rights
User Submissions, as described above, are either submitted to WestJet via the Site or posted by users on social media sites accessible to the public. To the best of WestJet’s knowledge, User Submissions posted to the Site and use of User Submissions as set out in these Terms of Service do not constitute a violation of any Intellectual Property Rights which may be held by others.
WestJet does not permit copyright infringing activities or the infringement of Intellectual Property Rights on the Site. WestJet will remove any User Submission if properly notified that such User Submission allegedly infringes another person’s Intellectual Property Rights. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site to WestJet at the following address: firstname.lastname@example.org WestJet reserves the right to remove content alleged to be infringing without prior notice, at its sole discretion, and without liability to you.
WestJet does not permit the infringement of privacy rights on the Site. WestJet will remove any User Submission if properly notified that such User Submission allegedly infringes on a person’s privacy rights. If you are a person named in a User Submission and have not consented to being so named, please report this alleged privacy infringement to WestJet at the following address: email@example.com . WestJet reserves the right to remove content alleged to be infringing without prior notice, at its sole discretion, and without liability to you.
Use of Submissions
Subject to these Terms of Service, WestJet has full discretion to use, reproduce, distribute and display a User Submission on the Site. User Submissions may be used on WestJet’s other digital platforms/channels or in other hard copy marketing and promotional materials. Specifically, and in no way intended to limit its discretion, WestJet reserves the right to remove any Submission, in whole or in part, at any time, without prior notice.
WestJet does not endorse nor shall it be deemed to agree with the views expressed in any User Submission on the Site. WestJet assumes no responsibility for, and disclaims any and all liability for the content contained in, any User Submission.
WestJet has the right to edit and/or alter any User Submission. WestJet reserves the right not to use the User Submission at all and/or to use as much or as little of the User Submission as it chooses.
By submitting a User Submission, you hereby grant to WestJet a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit the materials you submit, or any portion thereof, as incorporated in any of WestJet’s materials or the promotion thereof, in any manner and in any medium or forum, WestJet Corporate Sites, mobile sites, eNewsletters, Facebook, Twitter, Pinterest and WestJet apps, whether now known or hereafter devised, without making payment of any kind to you or any third party. You represent and warrant to WestJet that you have the full legal right, power and authority to grant to WestJet the license provided for herein, that you own, control or otherwise have a license to use the Intellectual Property Rights and all other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the Intellectual Property Rights, the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity. You agree to indemnify, defend and hold harmless WestJet, its affiliated companies, its and their licensees, successors and assigns, and each of its and their officers, agents and employees from all liabilities or losses, including, without limitation, reasonable attorneys’ fees, arising out of or related to WestJet’s exercise of the rights granted herein. This license shall be governed by the laws of the Province of Alberta or the federal laws of Canada as applicable
External Link Disclaimer
The Site contains links to external, third party web sites. By providing links to other sites, WestJet does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Site.
WestJet does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to the Site assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK. ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WESTJET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WESTJET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WESTJET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WESTJET MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WESTJET ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
WESTJET DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT THEREON, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WESTJET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT WESTJET) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.