Terms and Conditions
THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) GOVERN YOUR ACCESS TO AND USE OF THE ALTITUDE COMMUNITY WEBSITE (THE “SITE”) AND SHALL CONSTITUTE THE USER AGREEMENT BETWEEN YOU AND AIR CANADA IN RELATION TO YOUR USE OF THE SITE. THIS SITE IS POWERED BY, AND MANAGED BY, SPAFAX CANADA INC. (“SPAFAX”), AIR CANADA’S DIGITAL MEDIA ADVERTISING AGENCY, ON BEHALF OF AIR CANADA.
THE TERMS “YOU” OR “YOUR” REFER TO THE CUSTOMER OR ALTITUDE MEMBER VISITING AND USING THE SITE. AIR CANADA HAS THE RIGHT TO MODIFY THESE TERMS FROM TIME TO TIME AND WITHOUT NOTICE. THE MOST CURRENT VERSION OF THESE TERMS WILL BE LOCATED HERE. YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS GOVERNED BY THE TERMS EFFECTIVE AT THE TIME OF YOUR ACCESS TO OR USE OF THE SITE. PLEASE REVISIT THESE TERMS ON A REGULAR BASIS AS REVISED TERMS WILL BE BINDING ON YOU AND YOUR USE OF AND ACCESS TO THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR CONTINUED ACCESS TO OR USE OF THE SITE AFTER THE EFFECTIVE DATE OF MODIFICATIONS TO THE TERMS INDICATES YOUR ACCEPTANCE OF THE MODIFICATIONS.
Using the site
Use of the Site
The purpose of the Site is to create a community of Air Canada Altitude members (the “Altitude Community”) pursuant to which such members can create an Altitude Community user profile (each a “User Profile”) to share their travel- and tourism- related content, browse the content of other Altitude Community members and Altitude Community contributors and interact with other Altitude Community members through the Site. The Site may be modified, updated, interrupted, suspended or discontinued at any time by Air Canada without notice or liability.
In order to make full use of the Site, you must register and create a User Profile. In order to be eligible to register and create a User Profile on the Site, you must:
- be a current Air Canada Altitude member. Non-Altitude members cannot register and create a profile but will have the right to a maximum of five (5) page views each month without registering. Non-Altitude members will not be able to benefit from the interactive functions on the Site (i.e. create and share lists, etc.); and
- be at least sixteen (16) years of age or over and have the requisite power and authority to understand and enter into these binding Terms.
As a condition of creating a User Profile, you represent and warrant that you: (i) meet the above-mentioned eligibility criteria; (ii) provide accurate and complete registration information, including but not limited to, your user name, e-mail address and a password; and (iii) agree to these Terms. Your User Profile and your access and use of the Site is for your personal and non-commercial use only.
Air Canada has the right to accept, refuse or cancel your registration and User Profile in its sole and absolute discretion in the event that it suspects that you do not meet the eligibility criteria or you have violated or are suspected to violate any of these Terms.
Your User Profile
In creating your User Profile, you may not impersonate or use somebody else’s identity (including, without limitation, a fellow Altitude member, a celebrity personality, etc.), create a User Profile for anyone other than yourself, provide an e-mail address other than your own or create multiple User Profiles.
By creating a User Profile you agree that the following information will appear publically on the Site and can be seen by other Altitude Community members: (i) your current Air Canada Altitude status; (ii) your User Profile name; (iii) your User Profile biography (if you have provided one), (iv) your photo (if you have uploaded one), (v) your badges and achievements; (vi) your recent activities (i.e. badges earned, new followers, creation of a new list, etc.); (vii) lists you are writing; (viii) people you are following; (ix) comments you are making on other users’ lists; (x) “likes” you are giving to other lists and (xi) destinations and interests you are following. For more information on how to earn badges and achievements, please click here.
Communications from Air Canada and Other Site Users
By creating a User profile, you agree to receive certain communications in connection with the Site. For example, you might receive Likes or comments on your lists from other users. You will receive a notification when: (i) other users like your lists; (ii) when other users comment on your lists; (iii) when you are awarded a badge; (iv) when you are awarded an achievement; (v) when other users start following you. Notifications will appear at the top of any page on the Altitude Community. No email will be sent to you. At this time, the Site does not allow communication through private messaging.
Unregistering your User Profile and terminating your use of the Site
You may unregister your User Profile and terminate your use of the Site at any time by closing your User Profile, discontinuing your use of the Site, or providing Air Canada with a notice of termination. Your User Profile information will be stored for one (1) year, after the termination date of your User Profile.
Responsibility for Your Content
As part of your access and use of the Site, you will have the right to submit content onto the Site including, without limitation, text, reviews, comments, images, photos, audio, video, location and travel information or the like (collectively "your Content"). You alone are responsible for your Content and you may not imply that your Content is in any way sponsored or endorsed by Air Canada. You represent and warrant that you own, or have the necessary permissions to submit and use and authorize the use and license of your Content on the Site as described herein and that the submission and use of your Content does not infringement or violate any third party rights, including, without limiting, any privacy rights, publicity rights, copyrights, or any other intellectual property or proprietary rights.
Air Canada takes no responsibility and assumes no liability for your Content or any user content that is submitted onto the site, nor is Air Canada responsible for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenities, pornography or profanity you may encounter in other user or third party content.
You agree and acknowledge that you may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Air Canada reserves the right to remove, screen, edit, or reinstate your Content or any other user or third party content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates these Terms. We have no obligation to retain or provide you with copies of your Content.
Our Right to Use Your Content
In submitting your Content onto the Site, you agree and acknowledge that Air Canada may use your content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your Content for any purpose. Please note that you also irrevocably grant the other users of the Site and any Other Media the right to access your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Air Canada and other users of the Site and any Other Media any claims and assertions of moral rights or attribution with respect to your Content. For certainty, the term "use" in these Terms means use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your content.
You agree and acknowledge that the submission of your Content is entirely voluntary and you will not be compensated by Air Canada, Other Media or any third parties for the submission or use of your Content.
As between you and Air Canada, you own your Content. We own the Site content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of user content and other site content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding your Content, other user content and third party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Site content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Site content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Site content are retained by us.
The following guidelines apply to any Content that you submit in connection with the Site (the “Content Guidelines”). Please keep these guidelines in mind:
- Only write the truth about places you’ve visited and don’t forget to include as many details as possible about your experience: a drink you liked at a bar, your favourite dish at a restaurant, what room to ask for at a hotel, etc.
- Everyone can have a bad experience once in a while, but we prefer to focus on the many upsides of travel. Write about places you recommend and avoid complaints or rants.
- The Altitude Community isn’t the right place to post questions or comments directed to Air Canada or Air Canada Altitude. You can view your priority contact here.
- Refrain from promoting your own business or services. Let’s keep the Altitude Community useful for members.
- Don’t post other people’s private information and don’t use other people’s full names unless you’re referring to a great bartender, an amazing hotel concierge or anyone who works at the establishment or service being offered.
- We encourage you to comment on any list you want, but remember that these comments are public. Comments should be used to suggest a place that’s relevant to a list, share your experience at a particular spot or simply to show your appreciation for another member’s recommendations.
- Don’t use content from other sites or users. Write your own recommendations and use your own photos. We’re looking for your own travel intelligence – not other people’s.
- Don’t post photos that contain nudity or anything inappropriate – it won’t be very useful to other Altitude members.
- Don’t upload photos that include people’s private information, like a credit card number or a personal phone number. And don’t post a photo of anyone who doesn’t want their picture posted.
CONDUCT AND RESTRICTIONS
As a condition of access and use of the Site, you agree not to, and will not assist, encourage, or enable others to use the Site to:
- Violate these Terms or our Content Guidelines (as identified above), for example, by writing a fake or defamatory list, trading recommendations with other businesses, or compensating someone or being compensated to write or remove a recommendation;
- Violate any applicable laws, regulations or any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination through your Content or otherwise;
- Use the Site for your own business or commercial purposes;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
- Solicit personal information from minors, or submit or transmit inappropriate Content;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or content from the Site (other than your Content), except as expressly authorized by Air Canada;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or content from the Site;
- Reverse engineer any portion of the Site;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
- Attempt to gain unauthorized access to the Site, other User Profiles, back-end computer systems or networks connected to the Site through hacking, password mining or any other means;
- Use the Site or any content from the Site to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
- Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; or
- Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content.
The Site may provide you with links and references to other web sites or applications. Air Canada does not endorse any information, products or services contained on or offered through the linked web sites. Likewise, Air Canada does not endorse any persons or entities that are associated with other web sites linked via the Site. These third party sites and content are not maintained, operated or controlled by Air Canada, and Air Canada does not provide any guarantees regarding these sites. You assume sole liability for the use or access of such third party sites and content.
No permission is given to you to link or provide references to our Site and to use any Air Canada's icon, site address, and trademarks to provide such links or references, unless you have written agreement with Air Canada's permission.
You agree to indemnify, defend, and hold Air Canada, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Air Canada Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) the submission of your Content; (iii) your violation of the Terms, (iv) any products or services purchased or obtained by you, whether directly or indirectly, in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, including in connection with your Content. Air Canada reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Air Canada. Air Canada will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE AIR CANADA ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE AIR CANADA ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE AIR CANADA ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
THE AIR CANADA ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE AIR CANADA ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE AIR CANADA ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE AIR CANADA ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE THE CLOSURE OF YOUR USER PROFILE AND YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
THE AIR CANADA ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE AIR CANADA ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE AIR CANADA ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
This user agreement between you and Air Canada (the “User Agreement”) shall be deemed to have been made in the Province of Quebec, Canada, and shall be governed in all respects by the laws of the Province of Quebec, Canada, and the federal laws applicable therein, without regard to its conflicts of law principles. You submit to the exclusive jurisdiction of the courts situated in the judicial District of Montreal, Province of Quebec for the all disputes or disagreements arising pursuant to, or transactions and relationships contemplated by, this User Agreement, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis and undertake to file no action or bring no complaint in any other court. You agree that Air Canada may commence an action in any court of competent jurisdiction in order to enforce these Terms and to seek damages and/or equitable relief against you for any breaches by you of these Terms. You agree and understand that you will not bring against Air Canada, or any of its affiliates or related entities, and the directors, officers, agents, and/or employees any class action lawsuit related to your access to, dealings with, or use of the Site.
This User Agreement shall constitute the entire agreement between you and Air Canada with respect to our website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Air Canada with respect to our website. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
A delay, omission or failure by Air Canada to exercise any right or power under this User Agreement shall not be construed to be a waiver by Air Canada of such or any other right or power, which Air Canada may assert at any time or against any person.
In the event that any provision of this User Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible its original intention, and such restated provision shall remain in full force and effect.