Last Updated: March 07, 2013
The Service is intended for use only within in the U.S. and by persons 13 years of age or older. Johnson & Johnson Services, Inc. will donate $1 to the charity you select for each eligible photo you upload via the Donate A Photo app; however, only the first photo you upload in any day will trigger a donation, unless otherwise specified.
The available charities from which you can choose and the minimum and maximum donation amounts for a charity will vary. For the most up-to-date information about participating charities and donation amounts, please be sure to review the “How it Works” section for each participating charity.
Photos uploaded via the Donate A Photo app that comply with our Submission Guidelines (below) will appear in the Donate a Photo gallery and may be used by us to promote the Program, the charities participating in the Program, and in communications about the Program. You retain ownership of the photos you submit and we will not use them in any product advertising.
Thank you for your interest in Johnson & Johnson’s Donate A Photo program (the “Program”), made available, and owned exclusively, by Johnson and Johnson Services, Inc. The program consists of the Donate A Photo Application (the "Licensed Application"), available through iTunes and Google Play, and the website available at www.donateaphoto.com (the “Website”). The Licensed Application and the Website are hereinafter collectively referred to as the Service. The following terms and conditions (these "Terms and Conditions") govern your use of the Service.
- Who May Download the Licensed Application and Participate in the Program. You may download the Licensed Application only if you reside in the United States and are at least 13 years old. If you do not meet the above requirements or if you do not agree to these Terms and Conditions, do not download the Licensed Application. We reserve the right to change these Terms and Conditions at any time, and without notice to you; however, all such changes will be posted. As a result, we encourage you to review the Terms and Conditions from time to time so that you are aware of any such changes.
- Scope of License. You understand and agree that the Service is licensed, not sold, to you for use only as outlined in these Terms and Conditions. We reserve all rights not expressly granted to you. This license is limited to a non-transferable license to use the Licensed Application on the mobile device that you own or control and to access the Website. This license does not allow you to use the Licensed Application that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application or Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, the Licensed Application, any updates, or any part thereof. You acknowledge that we have no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
- Password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the password of another user at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of or access to your password. You are solely responsible for any and all use of the Licensed Application on your mobile device.
- Charitable Donations: For every Photograph submitted through the Licensed Application, subject to the following restrictions, Johnson & Johnson Services, Inc. will donate $1.00 to the charities selected from the list of charities on the Service, up to a maximum amount, as specified on the donation page. Period of charity involvement in Service will vary by charity. Users may submit a limit of one Photograph per day, unless otherwise specified. The donations made by Johnson & Johnson Services, Inc. are not tax deductible to users. We reserve the right in our sole and absolute discretion to select the charities that may participate in the Program and to determine any minimum or maximum donation amounts payable to such charities. Photographs rejected from the Service for failure to comply with the Submission Guidelines and Restrictions (below) will not qualify for a donation.
- Termination. The license is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate automatically without notice from us if you fail to comply with any term of these Terms and Conditions. Upon termination of these Terms and Conditions, you shall cease all use of the Service, and destroy all copies, full or partial, of the Licensed Application.
- Accuracy of Data/No Endorsement. The owners of this application will use reasonable efforts to provide up-to-date and accurate information, but make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. Moreover, we do not guarantee the availability of and we do not assume any responsibility or liability for the accuracy, completeness or authenticity of any information or data contained or displayed in the Service.
- Proper Use. You agree that the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Service.
- Export. United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You agree to abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, the Licensed Application and/or any content in connection therewith from any countries or foreign nations in violation of such laws or regulations.
- Modifications to Service. We reserve the right at any time and from time to time to interrupt, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the Licensed Application (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Licensed Application.
- Submission Guidelines and Restrictions: The following Guidelines and Restrictions govern your participation in the Program and your submission of photographs to the Program (“Photographs”). We have the right to review all Photographs submitted and we may reject or remove any Photographs or other content you submit that we determine:
- is unlawful, harassing, defamatory, abusive, hateful, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
- attacks the character or damages the reputation of other users, name-calls, insults, ridicules, mocks, electronically stalks or otherwise harasses another individual;
- contains material, language or an image that is profane, pornographic, sexually graphic, ethnically offensive, “off color”, political, or propaganda;
- contains crude, vulgar or offensive images or nudity;
- infringes or violates any party's intellectual property rights, including, but not limited to, using third-party copyrighted materials or the names or likenesses of others without appropriate permission and attribution (note that photographs with children may be submitted only by their parents or legal guardians), using third-party trademarks without appropriate permission or attribution, where needed, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- has been broadcasted, streamed, published or televised in any form of media, including television, books and movies;
- contains any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings;
- is intended to buy or solicit any goods, services, or money to advertise or sell products or services of others;
- discloses or references any personally identifiable information belonging to you or a third party;
- depicts or describes any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about others without their permission;
- impersonates any person or entity; falsely states or otherwise misrepresents an affiliation with any person or entity; intentionally omits, deletes, forges, or misrepresents transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulates identifiers to disguise the origin of any user content transmitted to the Service;
- contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
- interferes with, disrupts, or harms in any way the Service, applications, servers or networks connected to the Service;
- uses the Service for any illegal purpose, or violates any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally;
- promotes or depicts drugs or alcohol, violence, illegal or inappropriate activities or dangerous behavior that may result in harm;
- posts on behalf of a banned user;
- We otherwise determine to be inappropriate for the Website or inconsistent with our image and reputation
- Your Warranties Regarding Photographs Submitted Through the Service and Grant of Rights to Johnson & Johnson Services, Inc.: By submitting Photographs for posting in the Program, you agree that you have read and are familiar with the Guidelines and Restrictions above. By submitting Photographs for the Program, you also: (1) represent and warrant that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit the Photographs; (2) represent and warrant that the Photographs do not constitute confidential information and are free of any claims of proprietary or personal rights; (3) agree that you are solely responsible for all Photographs that you submit for posting; (4) agree that such Photographs are original with you and that you own all right, title and interest in the Photographs and any elements you include in the Photographs; and (5) grant to Johnson & Johnson Services, Inc. and its affiliated entities an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Photographs (in whole or part) on the Service and on any affiliate or successor website owned or operated by Johnson & Johnson Services, Inc. or its affiliates, as well as on any social media sites associated with the Program, related to the Program, to promote the Service, the Program, the charities participating in the Program, and in communications about the Program, without compensation, notification, approval or any other obligation, to anyone, including yourself. Without limiting the foregoing, but for the avoidance of doubt, Johnson & Johnson Services, Inc. acknowledges and agrees that you will retain the ownership of the Photographs and Johnson & Johnson Services, Inc. and its affiliates will not use the Photographs in any product advertising. You will not have any claim against Johnson & Johnson Services, Inc. with respect to any use or non-use of Photographs, and to the extent a claim is made against Johnson & Johnson Services, Inc. or any of affiliated entities by any third party with respect to Photographs, you agree to indemnify and hold Johnson & Johnson Services, Inc. and its affiliated entities harmless with respect to any such claims, including, without limitation, attorneys’ costs and expenses incurred in connection therewith.
- Storage of Photographs: You agree that Johnson & Johnson Services, Inc. may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Photographs maintained, disseminated, or transmitted through the Service. You agree that Johnson & Johnson Services, Inc. has no responsibility or liability for the deletion of or failure to store any Photographs maintained, disseminated, or transmitted through the Service.
- Notice and Procedure for Making Claims of Copyright Infringement: The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Without limiting our rights under Section 5 (Term and Termination), it is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our copyright agent (designated below in this Section) with the following information: an electronic or physical signature of the copyright owner or 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; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and e-mail address; a written 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 are authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to supply all of the information set forth above shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:
We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there can be penalties for false claims under the DMCA.
- NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WITHOUT LIMITING THE FOREGOING, WE FURTHER DISCLAIM ANY WARRANTIES THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Indemnification. You agree to indemnify, defend and hold us and our agents, business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to either your violation of these Terms and Conditions, your use of the Licensed Application and/or the unauthorized use of any personal information or data uploaded in connection with the Licensed Application.
- LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AGENTS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR OR OUR AGENTS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS), FOR USING THE SERVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU UNDERSTAND THAT THE UPLOADING OF PERSONAL OR OTHER INFORMATION TO YOUR MOBILE DEVICE IN CONNECTION WITH THIS SERVICE IS ANY YOUR OWN RISK AND THAT WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR USE OF SUCH PERSONAL OR OTHER INFORMATION. ALL PERSONAL OR OTHER INFORMATION UPLOADED TO THE LICENSED APPLICATION WILL BE STORED ON YOUR MOBILE DEVICE AND YOU UNDERSTAND THAT THE SECURITY AND SAFETY OF YOUR MOBILE DEVICE AND THE PASSWORD TO ACCESS THE LICENSED APPLICATION IS YOUR SOLE RESPONSIBILITY.
- Governing Law/Miscellaneous. These Terms and Conditions shall be construed, interpreted and performed exclusively according to the laws of the State of New Jersey, United States of America, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms and Conditions or use of the Service shall be filed only in the Federal or state courts sitting in New Jersey. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Service, your access or use thereof, or these Terms and Conditions, and to extra-territorial service of process. Should any part or provision of these Terms and Conditions be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the only terms between us and you. These Terms and Conditions supersede any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service, the content, and/or services provided by or through the Service, and the subject matter of these Terms and Conditions. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms and Conditions, the Terms and Conditions shall take precedence. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of its right to enforce such provision.
Contact Us. Johnson & Johnson, Attention: Global Marketing Group, 410 George Street, New Brunswick, New Jersey 08901 U.S.A. Telephone: 723-524-0400