While WestJet appreciates that your willingness to share your content (the “Work”) with us, we still need to let you know about the legalities. This document sets out the terms and conditions (the "Agreement") under which you ("you", "your") provide WestJet Airlines Ltd. ("WestJet", "we", "us", "our") with the rights to use the Work and give us certain representations about the Work.
Depending on the method by which you provide the Work to us, we may ask you to confirm that you have read, accepted and agreed to this Agreement. However, in all cases, by submitting content to us, you agree to be bound by the terms of this Agreement.
IN THIS AGREEMENT YOU GRANT WESTJET A NON-EXCLUSIVE LICENSE TO THE WORK, A WAIVER OF MORAL RIGHTS, A RELEASE AND AN INDEMNITY REGARDING OUR USE OF THE WORK.
In exchange for the opportunity to have the Work appear in certain promotional advertising materials for WestJet, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you hereby agree with and represent to WestJet as follows:
- You have reached the legal age of majority in your jurisdiction of residence and have every right to contract in your own name and execute this Agreement;
- You hereby: (i) grant to WestJet, irrevocably and in perpetuity, a non-exclusive license to reproduce, copy, publish, broadcast, display, modify, edit, exploit and/or otherwise use the Work, in whole or in part, throughout the world in any manner or media whatsoever for any and all advertising, promotion and/or other purposes of trade; (ii) waive any and all moral rights in and to the Work in favour of WestJet and anyone authorized by WestJet to use the Work; and (iii) give your permission, irrevocably and in perpetuity, to reproduce, copy, publish, broadcast, display, modify, edit, exploit and/or otherwise use your name, your likeness and any comments attributed to you (collectively, the “Assets”) that may be included in the Work, or any material based upon or derived therefrom, or to refrain from so doing, in whole or in part, in any manner or media whatsoever throughout the world;
- You acknowledge that WestJet’s decision to use the Work and/or the Assets as set out herein is at its sole and absolute discretion and agree that you shall have no right of approval, no claim to additional compensation or benefit, and no other claims whatsoever arising out of the use of the Work and/or the Assets;
- You hereby warrant and represent that the Work (and, each individual component thereof – including, but not limited to, the Assets): (i) to the extent it contains a story or narrative, is truthful and accurate; (ii) is original to you and that you have all necessary rights in and to the Work (and each individual component thereof - including, but not limited to, the Assets) to submit the Work to WestJet; (iii) does not violate any law; (iv) does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence; and (v) will not give rise to any claims whatsoever – including, but not limited to, claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action;
- You agree to indemnify and hold harmless WestJet, its subsidiaries, associated and affiliated entities, and each of their respective employees, officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any and all liabilities, losses, sums, damages, demands, costs and expenses incurred or suffered by any of the Released Parties that arise, directly or indirectly, out of or in connection with the Work, the Assets and/or from a breach or alleged breach of your foregoing warranties and representations;
- You agree that any and all materials (the “Materials”) created by or for WestJet that incorporate, in whole or in part, the Work and/or the Assets shall remain the sole and exclusive property of WestJet and that WestJet shall retain all intellectual property rights, including, without limitation, copyright, that exist in the Materials. Further, to the extent that you may have any moral rights in the Materials, you hereby waive all such moral rights in favour of WestJet and anyone authorized by WestJet to use the Work and/or Assets; and
- You acknowledge that if any portion of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Agreement is governed by the domestic laws of the Province of Alberta and operates to the benefit of the Released Parties, as well as their administrators, successors and assigns, and is binding on you and your heirs, administrators, successors, permitted assigns, insurers and estate; and
- You agree that no additional rights or consents are necessary to grant the rights to WestJet or others as provided herein.