Welcome to The Boeing Company's 747 50th Memories website (the "Site")! The 747 50th Memories website provides an opportunity to participate in a worldwide experience by enabling you to share with the world your images and messages (“Memories Content”) regarding your personal experiences and memories of the 747 on the 50th anniversary of its first flight and to view such images and messages submitted by others around the world. The Memories Content shared via this Site may be posted on the Memories website and your use of the Site constitutes your consent to such posting. Boeing makes no guarantee or promise to post the Memoires Content that you share and retains complete discretion over whether and what to post on the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO WAIVE ANY RIGHT TO PRIVACY (TO THE EXTENT PERMITTED BY LAW), TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, (1) PLEASE DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE or (2) SUBMIT MEMORIES CONTENT. (IF MEMORIES CONTENT HAS ALREADY BEEN SUBMITTED AND POSTED, PLEASE CONTACT BOEING’S COPYRIGHT AGENT [SEE BELOW] ABOUT ANY TAKE DOWN REQUESTS.).
Questions or comments about the Site or its contents should be directed to the Boeing webmaster (please see the “Copyright and Other Complaints” section below for contact information.)
Boeing reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
Incorporated Policies or Terms
Site License and Access
Boeing grants you a limited license to make personal use of the Site solely for the purposes of providing content to the Site and/or viewing content posted to the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Your use of the Site does not convey any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Boeing or any third party.
You may not use, frame or utilize framing techniques to enclose any Boeing trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Boeing's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Boeing name, trademark, or product name without Boeing's express written consent.
Any unauthorized use of this Site may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are copyrighted, ALL RIGHTS RESERVED, by Boeing, and/or third-party licensors. None of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Boeing or the respective copyright owner. Before you submit any content via e-mail for use on the site, you must agree to the Submission Terms, which can be reviewed here: www.boeing.com/747/whyilovethe747/share-your-story/. In the event of any conflict between these Site Terms and the Submission Terms, the Submission Terms shall take precedence with regards to your submission of content to the Site. Without limiting the foregoing, Boeing expressly reserves the right, in its sole discretion, to determine whether and how content submitted by users will be used on the Site (or in any other media) or otherwise removed at any time without notice.
Copyright and Other Complaints
Boeing respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Boeing's copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your preferred contact information (address, telephone number and/or email address)
- 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Boeing's Copyright Agent for notice of claims of copyright infringement on this Site is Wendy Manning who can be reached as follows:
The Boeing Company
100 N. Riverside, M/C 5003-0982
Chicago, IL 60606-1596
Trademarks and Service Marks
Boeing and its distinctive airplane configurations, liveries, logos and product markings including but not limited to DREAMLINER are among the registered and unregistered trademarks and service marks owned by The Boeing Company. They may not be copied, imitated or used, in whole or in part, without the prior written permission of The Boeing Company. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned by The Boeing Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of The Boeing Company. All other trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part, without the prior written permission of such respective owners. Any request for grant of a license to use Boeing marks is subject to prior approval, and should be addressed to the Boeing Trademark Management at: email@example.com.
This Site may be accessed by users to submit content (directly via email) for display on the Site and in other media. By submitting content (or otherwise using various features within the Site), you agree not to do any of the following:
- Submit for upload to distribute or otherwise publish through this Site any 747 50th Memories Content, message, data, information, text or other material (collectively, "Memories Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- Submit for upload any Memories Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- Submit for upload to or transmit any Memories Content which contains personal data relating to or identifiable image of an individual without first obtaining that individual's consent (or if a minor, that minor’s authorized parent or guardian);
- Submit for upload to or transmit any Memories Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By submitting for posting any Memories Content, you represent and warrant that you have the lawful right to distribute and reproduce such Memories Content;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
- Without Boeing's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
Boeing takes no responsibility and assumes no liability for any Memories Content submitted for upload to by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Boeing is only a forum and is not liable for any statements, representations, or Memories Content provided by its users. Without limiting the foregoing, Boeing expressly reserves the right, in its sole discretion, to determine whether Memories Content submitted by users will be used on the Site (or in any other media) or otherwise removed at any time without notice.
Responsibility for Your Conduct. You shall remain solely liable for the Memories Content of any messages, images, or other information you submit for upload to this Site. You agree to indemnify and hold harmless Boeing and its subsidiaries and affiliates from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms or the Submission Terms, or your violation of any rights of a third party.
Third Party Links
Boeing makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of Boeing and Boeing is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. Boeing is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Boeing of the site or any information contained therein. When leaving the Boeing Site, you should be aware that Boeing's terms and policies no longer govern, and, therefore you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. BOEING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. BOEING DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BOEING IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE BOEING ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, BOEING CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Boeing reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Boeing.
Limitation of Liability
IN NO EVENT SHALL BOEING BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BOEING (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF BOEING'S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID BOEING, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, Boeing reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.