Aeroplan Arrival Terms & Conditions
Aeroplan® Arrival™ magazine is published by our third party supplier ("Publisher") on behalf of Aeroplan Canada Inc. ("Aeroplan"). The present terms and conditions govern your use of Aeroplan Arrival magazine and this website (also referred to herein as the "Magazine" or the "Site"). For a full list of the terms and conditions related to this Site please refer to the Terms and Conditions on the aeroplan.com home page. Aeroplan may modify these terms and conditions from time to time at its discretion, and such modifications shall be effective immediately upon posting of the modified version on the Site. Your continued use of this Site will constitute your agreement to any such modifications. Your use of this Site and the submission of any Submissions (defined below) must comply with these terms and conditions (include those terms and conditions of Aeroplan.com), all applicable laws and all applicable Aeroplan policies.
Magazine Content and Rewards
Aeroplan does not necessarily share the editorial opinions expressed in the Magazine and third-party advertised products or services are not necessarily endorsed by Aeroplan. All of the information contained in this Magazine is subject to change without notice, including, without limitation, product specifications and prices, and airline itinerary and flight information. The Magazine includes a sample of the various types of rewards available to members under the Aeroplan program. Products and rewards advertised in this Magazine are also subject to availability and may be withdrawn without notice. Note that rewards may also be subject to the terms and conditions of the relevant Aeroplan partner or reward supplier. The number of Aeroplan Miles required to redeem for rewards and model numbers are subject to change without notice. The retail value of rewards obtained using Aeroplan Miles will vary depending on the Aeroplan reward schedules and other factors, details of which may be found at aeroplan.com. Aeroplan Miles may be redeemed only in accordance with the Aeroplan Program terms and conditions, which are subject to change without notice. Taxes, landing and departure fees, and other charges and surcharges may apply to Aeroplan reward travel. Full terms and conditions of the Aeroplan program and a full list of rewards can be found at aeroplan.com. Non-flight rewards can only be redeemed through aeroplan.com. Please refer to the terms and conditions of redemption on aeroplan.com.
Submissions
Aeroplan or Publisher may or may not request submissions, including but not limited to reader comments, questions, testimonials, unsolicited manuscripts, transparencies, illustrations or the like (collectively "Submission(s)") to its Magazine. By accessing the Site you acknowledge that you are responsible for whatever Submissions you submit, and you, not Aeroplan or Publisher, have full responsibility for the Submissions, including its legality, reliability, appropriateness, originality and copyright. Aeroplan does welcome your comments on the Site however, whether in response to a specific request for Submissions or not, Aeroplan, its partners or its third party suppliers shall have no obligation to review or respond, in any manner, to said Submissions. Aeroplan, its partners or its third party suppliers do not accept any responsibility for the safe arrival of any Submissions. You agree that any Submissions that you submit to the Site or to Aeroplan or Publisher will be treated as non-confidential and non-proprietary.
Any Submission you do make to Aeroplan or Publisher, whether requested or not, shall become the exclusive property of Aeroplan. By submitting the Submission, you grant Aeroplan, its affiliates and assignees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, republish, distribute, edit, store and archive such Submissions in whole or in part in any form or medium whatsoever, without liability and without compensation of any sort. You further irrevocably waive any moral rights with respect to your Submissions, in connection with our exploitation of the rights granted to us in this Agreement. You agree that Aeroplan shall be free to use any ideas, inventions, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including but not limited to developing and marketing products and services incorporating such Submissions. In making a Submission, you knowingly and expressly agree with these terms and conditions. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Submissions.
In some cases and at the entire discretion of Aeroplan, certain Submissions that have been submitted to Aeroplan or Publisher pursuant to a request on any of the Site may be selected in relation to a particular feature identified in the Magazine (a "Selected Submission"). A Selected Submission may or may not be reproduced, in whole or in part, edited or unedited by Aeroplan or Publisher. At Aeroplan’s discretion, the person submitting the Selected Submission may receive a number of Aeroplan Miles in recognition of his/her Submission’s selection. Receiving such Aeroplan Miles for a Selected Submission shall be conditional upon filling out and signing a Declaration and Release Form which shall require you to (1) state that you accept the Aeroplan Miles as provided, and (2) discharge Aeroplan, its affiliates and third party suppliers of all claims for damages, losses or injuries resulting directly or indirectly from the selection and posting of the Selected Submission and the provision of the Aeroplan Miles by Aeroplan to you for such Submission. The amount of Aeroplan Miles awarded to any person submitting the Selected Submission may vary and shall be determined by Aeroplan, at its sole discretion.
Restrictions
The contents of the Site remains the valuable intellectual property of its owner(s) and are protected by copyright and trademark laws and are made available solely for your own personal, non-commercial and lawful use. Nothing contained on the Site should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names contained in the Site without the expressed written consent of the applicable rights holder. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the contents of the Site. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available. You may not take any action to interfere with, or disrupt, the Site or its content, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions. No permission is given to you to link or provide references to our Site and to use any of Aeroplan's icon, site address, and trademarks to provide such links or references, unless you have written agreement with Aeroplan's permission.
Representations and Warranties
By using or accessing the Site, you represent and warrant that you:
- Have reached the age of majority in your jurisdiction and are at least 18 years of age, and have the legal right and ability to accept the terms and conditions of the Site and to use or access the Site in accordance with such terms and conditions;
- by using and accessing the Site, including submitting any Submissions, are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party;
- have obtained all necessary approvals, consents and authorizations from any third party to submit any Submission, including personal information and to delete or modify information;
- accept full responsibility for all assessments, charges, duties, fees, and taxes and any other financial liability resulting from your use of the Site under your name or account, as well as all use of others using your name or Aeroplan account on the Site;
- agree to supervise all persons who have not reached the age of majority in your jurisdiction who use or access the Site under or using your name or account; and
- have submitted or will submit, or others using or accessing the Site under or using your name or account have submitted or will submit, information, content or material which is true and accurate.
No Liability
Aeroplan and Publisher and their respective affiliates shall not be liable for any damages or losses, howsoever sustained, as a result of the reliance on or use by you or any other person of any of the information, opinions or products expressed, advertised or otherwise contained on this Site.
NO WARRANTY, DISCLAIMER OF LIABILITY AND INDEMNITY
WHILST EVERY EFFORT HAS BEEN MADE TO ENSURE THE HIGH QUALITY AND ACCURACY OF THE SITES, AEROPLAN MAKES NO WARRANTY, EXPRESS OR IMPLIED CONCERNING THE CONTENT, SOFTWARE OR PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITES WHICH ARE PROVIDED "AS IS". AEROPLAN DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED DUE TO THE EXPOSURE OR USE OF THE SITES.
AEROPLAN, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS, ITS THIRD PARTY SUPPLIERS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY AND SHALL IN NO WAY BE RESPONSIBLE OR LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, TIME, INTERRUPTION, LOSS OF INFORMATION OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF (OR FAILURE TO USE) OR RELIANCE ON THE SITES, INCLUDING BUT NOT LIMITED TO THE RELIANCE ON OR USE BY YOU OR ANY OTHER PERSON OF ANY OF THE INFORMATION, OPINIONS OR PRODUCTS ADVERTISED, EXPRESSED, OR OTHERWISE, THAT ARE CONTAINED IN THE SITES. PRODUCTS THAT MAY BE ADVERTISED IN THE SITES ARE SUBJECT TO AVAILABILITY FOR WHICH AEROPLAN ASSUMES NO CONTROL OR LIABILITY.
Links to Third Party Sites
Our Site provides you with convenient links and references to other web sites. The inclusion of any information, material, content or links on the Site should not be necessarily construed as an express nor an implied endorsement of any third party products or services. Unless otherwise indicated, these third party sites and content are not maintained, operated or controlled by Aeroplan, and Aeroplan does not provide any guarantees regarding these third party sites. You assume sole liability for the use or access of such third party sites and content.
Privacy
Our collection, use and disclosure of personal information in connection with the Site is governed by our Privacy Policy, which is posted at http://www.aeroplan.com/privacy.do.
Indemnification
As a condition of your use of the Site and to the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Aeroplan, the Publisher, their respective affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of these terms and conditions; (b) your use of the Site and any content contained in the Site; or (c) the submission of any Submissions on the Site made by you or others using your user name and password (if applicable). Aeroplan reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
No Waiver
No waiver by either Aeroplan or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
For additional Terms and Conditions please visit the aeroplan.com website homepage.
® Aeroplan is a registered trademark of Aeroplan Canada Inc.
™ Aeroplan Arrival is a trademark of Aeroplan Canada Inc.
© 2009 by Aeroplan Canada Inc.