YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT THE SERVICE OR THE SERVICE CONTENT IS NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY; OR THAT ACTING ON SERVICE INSTRUCTIONS IN PURSUIT OF EARNING REWARDS WILL ALWAYS BE 100% SUCCESSFUL, GIVEN VARYING QUOTAS ON AND AVAILABILITY OF DIFFERENT OFFERS AND ANY TIME LAG IN REMOVING LISTINGS ONCE QUOTAS ARE HIT. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SERVICE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO CERTAIN PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT
ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT THE SERVICE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SERVICE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, THE COMPANY'S REMOVAL OR DELETION OF ANY MATERIALS OR OFFERS SUBMITTED OR POSTED ON ITS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS OR DENIAL OF REWARDS PAYOUT, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SERVICE. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE OR ANY CONTENT CONTAINED THEREIN, TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID US TO USE THE SERVICE, IF ANY.
You agree to indemnify, defend and hold harmless the Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from:
* (i) your User Content;
* (ii) any activity under your account or using your password;
* (iii) your use of the Service;
* (v) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right,
* (vi) any claims that your use of the Service caused damage to a third party,
* (vii) your violations of any and all applicable laws, rules or regulations from any jurisdiction,
* (viii) your encouragement, assistance or enablement of any third party's violation of any of the provisions, laws, rules, regulations, rights or agreements described above.
If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. The Company reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such a case, you agree to cooperate with the Company in the defence of such matter.
THESE DEFENCE AND INDEMNIFICATION OBLIGATIONS WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SERVICE
Jurisdiction and Applicable Law
Changes to the Service
The Company reserves the right to terminate or modify the Service or to change any Service Content with or without prior notice for any reason. You agree that the Company will not be liable for any discontinuation of or changes to the Service or the Service Content.
* (a) any subsidiary or affiliate of the Company;
* (b) any entity that acquires all or substantially all of the assets of the Company; or
* (c) any entity that acquires all or substantially all of the Company's interest in the Service or the assets related thereto.
You consent to receive electronic communications from us and agree to email communications at the email address associated with your Air Rewardz account, notices posted on the Service or messages displayed when you enter the Service satisfy any legal requirement that such communications be in writing.
The Service may contain links to other applications and Web sites (“Resources”), some of which are operated by the Company or its affiliates and others of which are operated by third parties (“Third Party Resources”). As a standard part of our Service, we may recommend that you access certain Third Party Resources. While we seek to recommend the best Resources for our members, you are encouraged to make your own investigations regarding Resources before using them. The Service provides you access to and recommendation of Third Party Resources provided only as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information available on, in or through, Third Party Resources or the quality of them, and we are not responsible for the content of Third Party Resources or any other sites or any products or services that may be offered through those or any other Resources. Inclusion of links to Third Party Resources or recommendation of them should not be viewed as an endorsement of the content of these Resources. Different terms and conditions may apply to your use of any Third Party Resources. The Company is not responsible for any losses, damages or other liabilities incurred as a result of your use of any Third Party Resources.
This Service is controlled and operated within England. We make no representation that content, materials or products available on or through the Service are appropriate or available for use outside of England. If you access this Service from a location outside England, you are responsible for compliance with applicable laws, including UK export laws and regulations. By using this site and submitting any personal information, users outside England acknowledge that this site is subject to English law, consent to the transfer of personal data to England, and waive any claims that may arise under their own national laws.
Additionally, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from England or the country in which you reside.
Entire Agreement and Admissibility
If any provision of this agreement is unlawful, void or unenforceable, such provisions, and to the extent necessary, any other provisions shall be deemed modified so as to reflect the original intent of the parties as closely as possible, and the remaining provisions of the agreement will remain in place.
If you wish to submit any contribution to Air Rewards you must agree to the following terms and conditions by ticking the box. These Terms and Conditions (the "Agreement") are entered into by ‘you’ the owner of the material and ‘us’ Air Rewards doing business as "air-rewards.com" (hereinafter referred to as "air-rewards.com", ‘us’, ‘we’). ‘
You and Your Footage
1. You warrant that the material is your own original work or that you have obtained all the necessary rights to grant us the licence to represent this material for you
2. You have the sole exclusive and unencumbered ownership of all rights
3. Material is not libellous, defamatory or obscene
4. Material is not subject to any other contract, agreement or license
5. You warrant that public posting and use of your content by air-rewards.com will not infringe or violate the rights of any third party
The rights you are granting to us
When submitting material to air-rewards.com you grant us the exclusive, unlimited right to use, reproduce, display, perform, adapt, modify, alter, distribute, exhibit, broadcast, reproduce, license others to reproduce and distribute, advertise, promote, publish and otherwise exploit the Images by any and all methods or means, whether now known or hereafter devised, in any manner and in any and all media throughout the world, in perpetuity, for any purpose whatsoever as air-rewards.com in its sole discretion may determine
By submitting your material, you agree that air-rewards.com will have power of attorney to take any such action as may from time to time be necessary to effect, transfer, or assign the rights granted to us herein, including without limitation copyright-related actions, and assigns to air-rewards.com the right to prosecute any and all claims from the past, present, and future use of the Images by unauthorized third parties
Release and Indemnity. You hereby agree to indemnify, release and hold harmless air-rewards.com, its successors, licensees, and assigns, and the directors, officers, employees, representatives and agents of each of the foregoing, from any and all claims, demands, causes of action, damages, judgments, liabilities, losses, costs, expenses, and attorney’s fees arising out of or resulting from (i) any breach by you of any warranty, representation or any other provision of these Terms, and/or (ii) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use by us of the rights granted under this these Terms. You acknowledge that air-rewards.com is relying on the representations made by you in accordance with these Terms and a breach by Licensor would cause air-rewards.com irrevocable injury and damage that cannot be adequately compensated by damages in an action at law and Licensor therefore expressly agrees that, air-rewards.com shall be entitled to injunctive and other equitable relief
Termination: Licensor may seek to terminate its agreement to these Terms at any time; however, these Terms shall only be terminable upon the mutual agreement of the parties, the consent of which may be granted or denied in air-rewards.com’s sole discretion. No termination shall impact any prior license of the Images by us prior to termination, which shall continue in full effect under these Terms.