1. Agreement between You and JetBlue
1.1. By accessing, using, providing or obtaining any content from the JetBlue Websites (1) You warrant that You are at least 18 years of age and possess the legal authority to create a binding legal obligation, (2) You agree to be bound by these Terms without modification, and (3) You agree to use the JetBlue Websites in strict compliance with applicable laws, rules, and regulations, and in a manner that does not reflect negatively on the goodwill or reputation of JetBlue.
1.2. Please read these Terms carefully. If You do not accept these Terms, do not use the JetBlue Websites. JetBlue maintains the JetBlue Websites solely to provide you with information about, and assist you in determining the availability of, the Products and Services so that you may make legitimate purchases of the Products and Services.
1.3. Consistent with Section 13.3 below, JetBlue reserves the right to change these Terms at any time without notice or liability.
1.4. Consistent with Section 6 below, JetBlue reserves the right to terminate or restrict your access to the JetBlue Websites at any time without notice or liability.
2.1. "JetBlue" or "we" means JetBlue Airways Corporation.
2.2. "JetBlue Websites" or "JetBlue Website" means the www.jetblue.com and www.jetblueairways.com website, their respective subdomains, and any other website owned, operated and/or controlled by JetBlue, together with the respective Content, Marks, Digital Assets, Products and Services available from these sites or subdomains. For the sake of clarity, JetBlue Websites do not include third-party websites linked from jetblue.com or websites managed by third-party content providers, such as jetblue.ezrez.com, cruises.jetblue.com, jetblue.wwte1.com, help.jetblue.com, workhere.jetblue.com, or shop.jetblue.com. These Terms apply only to websites and services the content of which is provided and/or controlled by JetBlue, including but not limited to jetblue.com, jetblueairways.com, T508.com, and happyjetting.com.
2.3. "Content" means the text, documents, information, data, articles, images, photographs, graphics, frame and border, software, applications, video and audio recordings, designs, features, and other materials made available by JetBlue on the JetBlue Websites. "Content" also includes Marks and Products and Services.
2.4. "User Generated Content" means the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that JetBlue may, in its sole discretion, allow You to post on or through the JetBlue Websites from time to time.
2.5. "Mark" means trademark, trade name, service mark, trade dress, logo, custom graphic, image, or icon owned by JetBlue.
2.6. "Products and Services" means air travel, JetBlue Getaways vacation packages, JetBlue branded merchandise, and other products and services that are available through the JetBlue Websites.
2.7. "Purchase" includes book, reserve or purchase.
2.8. "Affiliate" means JetBlue's licensors, suppliers, information providers, and travel and leisure service providers.
2.9. "JetBlue Getaways" is a vacation package service offered by JetBlue through its business partner Ez-Rez.
2.10. "TrueBlue" is a customer loyalty program offered by JetBlue.
2.11. "Digital Assets" or "Assets" means the Marks that, subject to these Terms, may be available for downloading from http://www.jetblue.com/mediakit.
3. Scope of these Terms and Conditions
126.96.36.199. In addition to 188.8.131.52, Purchase of air travel on the JetBlue Websites is also subject to any terms and conditions as may be advertised or presented at the time of purchase.
184.108.40.206. Purchase of Products and Services through the JetBlue Getaways service is subject to the JetBlue Getaways Terms and Conditions.
220.127.116.11. Membership in the TrueBlue program is subject to the TrueBlue Terms and Conditions.
4. Ownership of JetBlue Information and Intellectual Property
4.1. Ownership Rights
4.1.1. The JetBlue Websites are the sole and exclusive property of JetBlue. JetBlue retains all right, title, and interest in the JetBlue Websites.
4.1.2. The JetBlue Websites are protected by copyright, trademark, patent, trade secrets, unfair competition, intellectual property and other local laws and international treaties. Any unauthorized use, reproduction, or modification of the JetBlue Websites may violate such laws.
4.1.3. For sake of clarity, this Section 4.1 does not apply to User Generated Content as provided for in Section 5 herein.
4.2.1. JetBlue Airways Corporation, JetBlue, TrueBlue and other Marks that appear, are displayed, or used on the JetBlue Websites are registered or unregistered trademarks or service marks of JetBlue or Affiliates. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without (a) prior written permission from JetBlue or the relevant trademark owner, or (b) in the case of Digital Assets, in accordance with Section 7 herein.
4.2.2. Under no circumstances may JetBlue's Marks (including but not limited to trademarks and trade dress) be used in connection with any product or service that is not offered by JetBlue, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits JetBlue.
5. User Generated Content
5.1. From time to time, JetBlue may, in its sole discretion, allow You to post User Generated Content on the JetBlue Websites.
5.2. JetBlue expressly reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting by You, or to deny, restrict, suspend, or terminate your ability to post User Generated Content, for any or no reason, with or without prior notice or explanation, and without liability.
5.3. JetBlue exercises reasonable efforts to monitor User Generated Content posted on the JetBlue Websites. However, JetBlue nonetheless assumes no responsibility for the User Generated Content, no obligation to modify or remove any inappropriate User Generated Content, and no responsibility for the conduct of the User submitting any such User Generated Content.
5.4. You are solely responsible for the User Generated Content that you post on or through any of the JetBlue Websites, and any material or information that you transmit to other Users and for your interactions with other Users.
5.5. JetBlue does not claim any ownership rights in any User Generated Content that You post. You continue to retain any such rights that you may have in the User Generated Content, subject to the limited license herein.
5.6. By posting any User Generated Content on or through the JetBlue Websites, you hereby grant to JetBlue a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Generated Content solely on or through the JetBlue Websites. This limited license does not grant JetBlue the right to sell or otherwise distribute such User Generated Content outside of the JetBlue Websites. After you remove such User Generated Content from the JetBlue Websites, JetBlue will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
5.7. You represent and warrant that: (1) you own the User Generated Content posted by you on or through the JetBlue Websites or otherwise have the right to grant the license set forth in this Section 5, and (2) the posting of your User Generated Content on or through the JetBlue websites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Generated Content posted by You on or through the JetBlue Websites.
6. Personal License Granted to You by JetBlue
6.1. Except as may be provided by Section 7, JetBlue grants You a limited, personal, nonexclusive, nontransferable, revocable license to access and use the JetBlue Websites as expressly permitted in these Terms.
6.2. Except for this limited license and as otherwise set forth in Section 6, JetBlue does not grant You any other rights or license with respect to the JetBlue Websites.
6.3. Consistent with the above, You agree that You will use the JetBlue Websites only to gather information about the Products and Services and/or to make legitimate Purchases for You or for another person for whom You are authorized to act.
7. License for Downloading Digital Assets
7.1. JetBlue is the owner of all Digital Assets contained on the JetBlue Websites, including all trademark, trade dress, copyright and other intellectual property rights. By agreeing to these terms and conditions, You may download the Digital Assets contained on page http://www.jetblue.com/mediakit for your personal or commercial use. Please note, this license applies only to the marks contained on this website. Downloading such assets does not transfer any ownership interest to You or any user. You are granted a non-exclusive, non-sublicenseable, non-transferable copyright license to use the Digital Assets only in accordance with these Terms.
7.2. You agree that the Digital Assets cannot be sold or sublicensed for any consideration by You. You shall not use the Digital Assets in any manner that suggests the endorsement, sponsorship or association of JetBlue with any product or service other than those provided by JetBlue, unless written permission for such use is first obtained from JetBlue.
7.3. You agree to JetBlue's Usage Guidelines. In addition, You may not use the Digital Assets as a link to any web page other than to the JetBlue home page. You also may not: 7.3.1. Resize, distort, add to, delete from, change any color of or otherwise modify any of the Digital Assets without the prior written permission of JetBlue;
7.3.2. Sublicense, distribute, transfer or assign the image(s) or rights to the image(s);
7.3.3. Remove any copyright notice, trademark notice, watermark or any other legal or proprietary notice or mark from any asset;
7.3.4. Display the Digital Asset in any digital format or for any digital use at a resolution greater than 72 dpi, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the asset in violation of these Terms;
7.3.5. Use the Digital Asset, or any part of it as part of a trademark, service mark, logo or copyrighted work;
7.3.6. Use the Digital Asset to compete with or cause harm to JetBlue in any way;
7.3.7. Use the Digital Asset in any way that could be considered defamatory, pornographic, libelous, immoral, obscene, fraudulent, or illegal by making physical changes to it, by positioning it to accompanying text or images, or otherwise;
7.3.8. Use the Digital Asset in any way that would infringe the rights of any third party, including any and all intellectual property rights and rights of publicity; 7.4. JetBlue reserves the right to:
7.4.1. Prohibit use of any Digital Asset for any reason whatsoever and at its sole discretion;
7.4.2. Notify You that a Digital Asset is no longer available for use. (Upon such notification, the license to use such asset shall automatically and immediately terminate and user shall immediately cease using the asset);
7.4.3. Replace a Digital Asset with an alternative asset for any reason. Upon notice of such replacement, the license for the replaced Asset immediately and automatically terminates for any use of the Asset and these Terms shall automatically apply to the replacement Asset. You agree not to use any replaced Digital Asset and take all reasonable steps to discontinue use of the replaced Digital Asset in its existing media, products and services;
7.5. All other terms and conditions contained herein apply to downloading of Digital Asset, including, without limitation, Jurisdiction, Venue, Indemnity.
8. Limitations on Your Use of the JetBlue Websites
8.1. No Copy or Distribution
8.1.1. You may copy, display, or print one copy of any portion of the Content. However, You shall not modify the Content in any manner whatsoever, and You must include the JetBlue copyright notice in the form: "© JetBlue Airways 2008. All rights reserved."
8.1.2. Except as provided in Section 7, You may not resize, upload, post, display, distort, add to, republish, distribute, delete or transmit any part of the Content in any form.
8.1.3. You may not modify, translate into any language or computer language, or create derivative works from or reverse engineer any Content or any part of the JetBlue Websites.
8.1.4. You may not sell, offer to sell, transfer, or license any portion of the JetBlue Websites or the Content in any form to any third parties.
8.1.5. You may not access, copy, acquire, or monitor any Content by using any manual process, or any "robot," "spider," "deep-link," "page-scrape," or any other automatic device, program, algorithm or methodology without first obtaining the prior written consent of JetBlue.
8.2. No Commercial Use 8.2.1. Except as provided by Section 7 or if JetBlue has granted You permission in advance and in writing, You may use the JetBlue Websites only for personal, non-commercial use.
8.2.2. Except as provided by Section 7 or if JetBlue has granted You permission in advance and in writing, You shall not use the JetBlue Websites to engage in any commercial purpose, including but not limited to: 18.104.22.168. Advertising or offering to sell any goods or services;
22.214.171.124. Conducting contests or surveys;
126.96.36.199. Distributing chain letters, or advertising with respect to any Ponzi scheme or pyramid scheme;
188.8.131.52. Advertising or offering to sell any business opportunities, direct sale opportunities, employment or contractor positions, multi-level marketing opportunities, or securities.
8.3. No Use for Illegal or Improper Motives 8.3.1. You shall not use the JetBlue Websites for any of the following purposes:
184.108.40.206. Distributing, disseminating, posting, or publishing any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by federal, state, or local law or ordinance;
220.127.116.11. Distributing, disseminating, posting, or publishing any indecent, infringing, libelous, obscene, or unlawful information or material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
18.104.22.168. Distributing, disseminating, posting, publishing, sending, or otherwise disclose confidential information, trade secrets, or any other confidential and/or proprietary data of JetBlue or any other entity or person;
22.214.171.124. Distributing, disseminating, posting, publishing, or otherwise making available any material that infringes any copyright, patent, trademark, or other proprietary rights of JetBlue or any other entity or person; or
126.96.36.199. To abuse, defame, harass, stalk, threaten, or otherwise violate others' legal rights, including but not limited to rights of privacy and publicity or the intellectual property rights or publicity rights of a third party.
8.4. No Other Misuse
8.4.1. You agree that You will not otherwise misuse the JetBlue Websites, including but not limited to any of the following:
188.8.131.52. Taking any action that will or is likely to interfere with, intercept, or impose an unreasonable or disproportionately large load on the infrastructure of the JetBlue Websites;
184.108.40.206. Manipulating the price of a Product or Service;
220.127.116.11. Uploading, downloading, or transmitting files that may damage the operation of another's computer, such as computer viruses (such as Trojan horses, worms, or time bombs), corrupt files, and/or similar software;
18.104.22.168. Disguising, misrepresenting, or omitting the source or origin of any information uploaded to, downloaded from, or transmitted through the JetBlue Websites;
22.214.171.124. Using or accessing the JetBlue Websites in any way that, in JetBlue's sole judgment, adversely affects the performance or function of the JetBlue Websites, or any other computer systems or networks used by JetBlue, or other JetBlue Website users.
9. Your Indemnity Obligation
10. Rights Reserved by JetBlue
10.1. Rights Not Granted are Reserved
10.1.1. Any rights not expressly granted herein are reserved.
10.2. Changes and Updates
10.2.1. Any aspect of the JetBlue Websites may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to You. However, JetBlue makes no commitment to update the information contained on the JetBlue Websites.
10.2.2. JetBlue may also change or impose fees for certain services, or establish or change general practices services, at any time and without prior notice to You. 10.3. Availability
10.3.1. JetBlue does not promise availability of the JetBlue Websites, and assumes no liability or responsibility for any delay, interruption, or downtime.
10.4. Accuracy of Content 10.4.1. The Content is intended for informational purposes only. Although JetBlue exercises reasonable efforts to ensure the Content's quality and accuracy, there might be errors, and the information provided may not be complete, current, or applicable to your particular situation.
10.4.2. JetBlue assumes no liability or responsibility for any errors or omissions; You are responsible for evaluating the accuracy, completeness, and usefulness of any Content available through the JetBlue Websites or obtained from a linked website.
10.5. User Generated Content
10.5.1. Despite the prohibitions of Section 8 herein and JetBlue's reasonable efforts to monitor the User Generated Content, User Generated Content may from time to time appear on the JetBlue Websites which, in whole or in part, is unauthorized, impermissible, or otherwise violates these Terms, and JetBlue assumes no responsibility or liability for this material.
10.5.2. Users are solely responsible for the User Generated Content that they post on or through any of the JetBlue Websites.
10.6.1. JetBlue makes reasonable attempts to exclude viruses from the JetBlue Websites. However, JetBlue cannot ensure that the JetBlue Websites will at all times be free from viruses or other destructive software.
10.6.2. JetBlue assumes no liability or responsibility for any damages to computer equipment or other property that may result from use of the JetBlue Websites; You are responsible for taking appropriate safeguards before downloading information from the JetBlue Websites.
10.7. Outbound Links
10.7.1. The JetBlue Websites may from time-to-time provide links to other websites. Such links are provided for your reference only.
10.7.2. When You click on these links, You are leaving the JetBlue Websites and entering a third-party's website. We are not responsible for such third party websites.
10.8. Inbound Links
10.8.1. JetBlue permits You to create links from a third party website to the JetBlue homepage (www.jetblue.com), through a plain text link, provided that: 10.8.1.1. You give JetBlue prior written notice of such link by contacting email@example.com to request JetBlue' permission to establish the link, and;
10.8.1.2. You discontinue providing a link to the JetBlue homepage if so requested by JetBlue, and;
10.8.1.3. You do not imply in any fashion that JetBlue is endorsing any of your products or services, or products or services affiliated with you, and;
10.8.1.4. You do not present JetBlue in a false light, or provide misleading or false information about JetBlue, the JetBlue websites, the Content, or the Products and Services, and;
10.8.1.5. You do not remove or obscure the copyright notices, or other notices on the JetBlue websites, and;
10.8.1.6. You do not use any Mark of JetBlue, and;
10.8.1.7. You do not replicate, frame, or mirror the Content.
10.8.2. In the absence of a separate agreement with JetBlue to the contrary, You are strictly prohibited from linking to any page of the JetBlue Website other than the JetBlue homepage.
10.8.3. JetBlue explicitly reserves the right to require You, in the sole discretion of JetBlue, to remove links to the JetBlue homepage or any other JetBlue Website.
11. Disclaimer of Warranty and Limitation of Liability
11.1. Disclaimer of Warranty
11.1.1. The JetBlue Websites, and Digital Assets downloaded in accordance with Section 7 are provided "as is" and without warranty of any kind, either express or implied.
11.1.2. JETBLUE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTY OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE, THOSE ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
11.2. Limitation of Liability
11.2.1. Subject to applicable law, You use the JetBlue Websites and download Digital Assets solely at your own risk.
11.2.2. IN NO EVENT SHALL JETBLUE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE JETBLUE WEBSITES OR FOR ANY USER GENERATED CONTENT POSTED THEREIN OR FOR ANY CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE JETBLUE WEBSITES REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER JETBLUE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
11.3. No Liability for Unauthorized Access of Your Information
11.3.2. UNDER NO CIRCUMSTANCES WILL JETBLUE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER JETBLUE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT SUCH DAMAGES WERE POSSIBLE.
12. Communications and Confidentiality
12.1. Any communications You send to the JetBlue Website or otherwise to JetBlue via electronic mail are on a non-confidential basis, and JetBlue is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way and for any purpose.
12.2. You acknowledge and agree that JetBlue will be free to use the content of such electronic mail communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, to include the development, production, and/or marketing of goods or services, without incurring any obligation to You for such use.
13. General Provisions
13.1. No Offer to Buy or Sell Securities
13.1.1. The information on the JetBlue Websites does not constitute an offer to sell, or the solicitation of an offer to buy any securities, and must not be relied upon in connection with any investment decision.
13.2. Independent Contractors
13.2.1. Your acceptance of these Terms, and your use of the JetBlue Websites, does not create a joint venture, partnership, employment, or agency relationship with JetBlue.
13.3. Modification to These Terms and Conditions
13.3.1. JetBlue may modify, revise, or update these Terms, and/or the documents incorporated by reference, at any time, by updating this posting. Therefore, You should periodically visit this page when You use the JetBlue Websites to review current Terms. 13.4. Governing Law, Choice of Forum, and Procedural Restrictions
13.4.1. You agree that the substantive laws of the State of New York, without regard to its conflicts of laws principles, will govern the interpretation of these Terms, as well as any dispute arising from your access to, dealing with, or use of the JetBlue Websites.
13.4.2. You agree that, should You bring a lawsuit related to your access to, dealings with, or use of the JetBlue Websites, You must do so in the state or federal courts of New York County, New York.
13.4.3. Should JetBlue bring a lawsuit against You related to your access to, dealings with, or use of the JetBlue Websites, You assent to the jurisdiction of the state or federal courts of New York County, New York, and hereby waive all defenses of improper venue, forum non conveniens, and personal jurisdiction.
13.4.4. You understand and agree that You will not bring any class action lawsuit against JetBlue or its Affiliates related to your access to, dealings with, or use of the JetBlue Websites. 13.5. No Assignment of Rights or Duties
13.5.1. You may not assign, delegate, or transfer your rights or obligations under these Terms.
13.6. Entire Agreement
13.6.1. These Terms make up the entire agreement between You and JetBlue relating to your use of the JetBlue Websites, and replaces and prior understandings or agreements, whether oral or written, regarding your use of the JetBlue Websites.
13.7.1. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable.
13.8.1. The section headings herein are provided for solely for convenience and ease of reference; they do not limit or affect these Terms.
13.9.1. All notices, consents, requests, instructions, approvals and other communications to JetBlue provided for herein shall be deemed validly given, made or served if in writing and delivered personally or sent by certified mail, postage prepaid, or by overnight courier, to:
JetBlue Airways Corporation
Attn: General Counsel's Office
27-01 Queens Plaza North
Long Island City, NY 11101
13.10. Failure to Act Does Not Constitute Waiver
13.10.1. If JetBlue fails to act with respect to your breach or anyone else's breach on any occasion, this will not constitute a waiver of JetBlue's right to act with respect to future or similar breaches.
14. Intellectual Property Protection
14.1. JetBlue respects the intellectual property rights of others, and requires that users of the JetBlue Websites do the same.
14.2. If you believe your work has been copied and posted on or through the JetBlue Websites in a way that constitutes trademark or copyright infringement, please send JetBlue a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the JetBlue Websites (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.
14.3. JetBlue's contact information for notification of claimed infringement is as follows: JetBlue Airways Corporation, 27-01 Queens Plaza North, Long Island City, NY 11101; Facsimile: (718) 709-3631; Attn: Legal Department.