These terms (“Terms”) set forth a legally binding agreement between you (“you” or “You”) and JETBLUE AIRWAYS (“we”, “our”, or “us”) related to content you posted or uploaded to your social media profile(s) (“Post(s)”). By agreeing to this Terms with #yesjetblue, you hereby grant to us and our licensees, designees, successors, agents, and assigns (collectively, “Permitted Parties”) the unlimited, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, otherwise exploit, fictionalize and create derivative works from one or more of the Post(s), as well as your username, name, picture, likeness, social media handle, nickname, profile picture, avatar, profile and biographical information, caption, comments and statements, location or other identifying information in connection with any use of your Post(s) (which all, collectively, shall be defined with the Post(s) as “Submission(s)”), and any material based thereon or derived therefrom, edited or altered as the Permitted Parties see fit, together with any other material (including, without limitation, fictional material), throughout the world, in any manner to be determined in our sole discretion, including, but not limited to on the internet, digital or in new media (which may include, without limitation, Permitted Parties’ social media websites, emails, and in-app content), in perpetuity, for any lawful purposes, including, without limitation, for purposes of advertising or trade. You understand that Permitted Parties shall be under no obligation to exercise the rights granted herein.
You agree (i) that the Submission(s) are original and that you are the sole author of the Submission(s); (ii) if the Submission(s) include any photos, you are the photographer of the photos or you have secured the rights from the photographer necessary to allow you to grant the rights granted herein; (iii) the use of the Submission(s) as permitted hereunder will not violate or infringe upon the rights of any party or violate any law; (iv) you have the full and exclusive right and authority to agree to the terms hereto and they do not conflict with any existing commitment on your part; and (v) you are not a minor/are over the age of majority. You also certify that any statements made by you in Submission(s) reflect your honest opinions, findings, beliefs or experiences.
You agree that you have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon copyright, trademark, invasion of privacy, defamation, right of publicity, or moral rights) arising out of the exercise of (or failure to exercise) the rights granted herein. You hereby release, discharge and agree to hold Permitted Parties harmless from any liability related in any way to the Submission(s).
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM OF ANY KIND ARISING OUT OF OR RESULTING PURSUANT TO THIS RELEASE, WHETHER BASED IN CONTRACT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, SHALL BE LIMITED TO $100. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR LOSS OF GOODWILL) ARISING OUT OF OR IN CONNECTION WITH THIS RELEASE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You further agree not to use, or disclose to any third party (including, without limitation, on Facebook, Twitter, or any other social media platform), any trade secrets or confidential information of the Permitted Parties, including, without limitation, you relationship with us and the fact that the Submission(s) may be used by Permitted Parties.
This Release shall be governed by the laws of the State of New York applicable to contracts executed and performed entirely therein. Any dispute or controversy arising out of or relating to this Release shall be brought exclusively in the state or federal courts located or having jurisdiction in Queens, NY, and you submit to the jurisdiction of such courts.
In some instances, both these Terms and separate website terms (“Additional Terms”) will apply to your interaction with us. To the extent there is a conflict between these Terms and any applicable Additional Terms, these Terms will control with respect to the specific subject matter set forth herein.