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You may use and display on your website or social networking profile page ('Your Site') the Johnson & Johnson Vision Care content located on this website where an embed code is provided, subject to these Terms and Conditions.
All title, ownership rights and intellectual property rights in and to the content, embed code and the embeddable player (together the 'Content') shall remain the property of Johnson & Johnson Medical Limited at all times. You may not change any notices regarding copyrights, trademarks or other rights that accompany any Content, nor add any statement to Your Site which implies in any way that you own any such rights in the Content.
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LICENCE
1.1 Subject to the terms of these Terms and Conditions, Johnson & Johnson Medical Limited grants you a non-exclusive, non-transferable, revocable licence to use the embeddable computer code to display the Johnson & Johnson Vision Care content on Your Site and to use the Content. You may not copy, re-publish, edit, alter, add to, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Content, any updates, or any part thereof. We have no obligation to provide any maintenance or support services in respect of the Content.
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USE OF THE CONTENT
2.1 You may not use the Content on any websites that:
A) Contain pornography and sexually explicit content;
B) Contain, offensive texts or images;
C) Are hate sites (on grounds of race, religion, gender, disability, age or sexual orientation);
D) Contain gratuitous violence; and
E) Condone or encourage unlawful acts.
2.2 Any website that features any of the content referred to in 2.1 above, or any other website that We determine inappropriate for hosting the Content, at our sole discretion, will constitute an "Excluded Website".
2.3 You may not charge visitors to Your Site any fee for accessing the Content, use the Content as means to secure advertising, or commercialise the Content in any other way.
2.4 You must create a prominent link back to the ACUVUE® website on the pages of Your Site where the Content is displayed. A hyperlink back to the ACUVUE® website for you to use on the pages of Your Site can be found within the embed code.
2.5 You may not directly or indirectly suggest any endorsement or approval by Johnson & Johnson Medical Limited of Your Site or any non-Johnson & Johnson Medical Limited entity, product or content or any views expressed within Your Site without Johnson & Johnson Medical Limited's prior written approval.
2.6 You may not use the Content in any way that could bring Johnson & Johnson Medical Limited into disrepute or otherwise cause any loss or damage to Johnson & Johnson Medical Limited. In particular, you may not use the Content in a comparative way against manufacturers of products competing with the ACUVUE® brand, nor may you criticise ACUVUE® in the context of the Content.
2.7 You acknowledge that Johnson & Johnson Medical Limited has sole editorial control over the Content at all times and We reserve the right at any time to interrupt, restrict (without cause and without notice to you), change, suspend or terminate any or all Content or your access to the Content at our sole discretion and without liability whatsoever, including for fraudulent or inappropriate use of the Content.
2.8 You agree that the Content may contain 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 strictly in accordance with the permitted use of the Content. All copyright and other intellectual property rights in the video clips, trademarks, logos and other content featured in the Content are owned by Us or used by Us with permission.
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WARRANTIES & LIABILITY
3.1 You warrant to Johnson & Johnson Medical limited that: (I)Your Site fully complies with, and shall continue to comply fully with, all applicable laws and regulations; and (II) Your Site is not an Excluded Website.
3.2 Notify Us immediately once you become aware of any problems associated with the Content, including fraudulent or inappropriate use or access.
3.3 To the maximum extent permitted by law, the Content is made available by Us on an "as is" and "as available" basis and Johnson & Johnson Medical Limited gives no warranty of any kind in relation to the Content. Johnson & Johnson Medical Limited hereby disclaims all warranties and conditions with respect to the Content, whether express, implied or statutory, including warranties related to non-infringement of third party rights.
3.4 Johnson & Johnson Medical Limited has taken all reasonable care to ensure that the Content contains no errors, viruses or defects, however, Johnson & Johnson Medical Limited does not warrant that this is the case or that your use of the Content will be uninterrupted or error-free. You expressly acknowledge and agree that the use of the Content is at your own discretion and risk. You are advised to take all reasonable precautions to protect Your Site from virus infection.
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INDEMNITY
4.1 You hereby agree to indemnify, hold harmless and defend Johnson & Johnson Medical Limited, and our group companies, against all liability, loss, damages, costs and expenses, including any direct, indirect or consequential losses (including reasonable legal fees and litigation expenses), arising out of or as a result of any breach of these Terms and Conditions or otherwise in connection with your use of the Content
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LIMITATION OF LIABILITY
5.1 To the extent permitted by law, in no event shall We, or our group companies, be liable for any unforeseeable losses whatsoever, including, without limitation, damages for loss of profits, business interruption or any other business losses, arising out of or related to your use or inability to use the Content, however caused and whether in contract, tort or otherwise.
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TERMINATION
6.1 The license is effective until terminated by Us. We may permanently terminate or temporarily suspend your access to all or any part of the Content without notice and liability for any reason, including but not limited to, if in our sole determination you breach any provision of these Terms and Conditions. Upon termination of this license, you shall cease all use of the Content, and destroy all copies, full or partial, of the Content
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GENERAL
7.1 You may not assign or sublicense the licence to use the Content, granted to you in accordance with these Terms and Conditions, in whole or in part to any third party. These Terms and Conditions shall be interpreted in accordance with the laws of England and subject to the exclusive jurisdiction of the English Courts. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of our right to enforce such provision. Clauses 3, 4, 5, 6 and 7 shall survive termination of these Terms and Conditions. Should any part or provision of these Terms and Conditions be held unlawful, void, invalid or unenforceable, that part or provision 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 governing your use of the Content.
7.2 We do not intend to make changes to these Terms and Conditions very often but reserve the right to do so. We will notify you in the event that changes are made and your continued use of the Content after such notification will constitute your acceptance of the amended terms.
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CONTACT US
If you have any questions in relation to these Terms and Conditions, please contact us at:
Johnson & Johnson Vision Care
Pinewood Campus
Nine Mile Ride
Wokingham
Berks
RG40 3EWor email us at [email protected]