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Play button
We have updated our General Terms of Use to make the language easier to
understand. Please watch the explainer video and read the terms below to learn
about
the clarifications we have made to more clearly describe how we are
treating and protecting your data. Over the next several weeks we will roll
these terms out to
customers globally.
Watch the video
ADOBE GENERAL TERMS OF USE
Published June 18, 2024. Effective as of June 18, 2024. These General Terms of
Use replace and supersede all prior versions.
JUMP TO SECTION
1. Your Agreement with Adobe
2. Privacy
3. Use of Services and Software
4. Your Content
5. Your Account
6. User Conduct
7. Fees and Payment
...
JUMP TO SECTION
1. Your Agreement with Adobe
2. Privacy
3. Use of Services and Software
4. Your Content
5. Your Account
6. User Conduct
7. Fees and Payment
8. Your Warranty and Indemnification Obligations
9. DISCLAIMERS OF WARRANTIES
10. LIMITATION OF LIABILITY
11. Termination
12. Trade Sanctions and Export Control Compliance
13. Australian Consumer Law
14. Dispute Resolution, Class Action Waiver, Arbitration Agreement
15. Audit Rights
16. Updates to Services and Software and Availability
17. No Modifications, Reverse Engineering, Artificial Intelligence/Machine
Learning (AI/ML)
18. Miscellaneous
19. DMCA
...
JUMP TO SECTION
1. Your Agreement with Adobe
2. Privacy
3. Use of Services and Software
4. Your Content
5. Your Account
6. User Conduct
7. Fees and Payment
...
JUMP TO SECTION
1. Your Agreement with Adobe
2. Privacy
3. Use of Services and Software
4. Your Content
5. Your Account
6. User Conduct
7. Fees and Payment
8. Your Warranty and Indemnification Obligations
9. DISCLAIMERS OF WARRANTIES
10. LIMITATION OF LIABILITY
11. Termination
12. Trade Sanctions and Export Control Compliance
13. Australian Consumer Law
14. Dispute Resolution, Class Action Waiver, Arbitration Agreement
15. Audit Rights
16. Updates to Services and Software and Availability
17. No Modifications, Reverse Engineering, Artificial Intelligence/Machine
Learning (AI/ML)
18. Miscellaneous
19. DMCA
...
Play button
We have updated our General Terms of Use to make the language easier to
understand. Please watch the explainer video and read the terms below to learn
about
the clarifications we have made to more clearly describe how we are
treating and protecting your data. Over the next several weeks we will roll
these terms out to
customers globally.
Watch the video
Our General Terms of Use is a legal agreement between you and Adobe. We know
this language can seem complex, so as you’re reading through our terms, we are
providing summaries as a helpful overview of what you’re agreeing to. Only the
terms themselves are legally binding, not these summaries.
In any business relationship, you agree to a set of terms. These terms are our
agreement with you for the use of Adobe products.
These General Terms of Use (“General Terms”), along with any applicable Product
Specific Terms (see section 1.2 (Product Specific Terms) below) (collectively,
the “Terms”) govern your use of and access to our websites, web-based
applications and products, customer support, discussion forums or other
interactive areas or services, and services such as Creative Cloud
(collectively, the “Services”) and your installation and use of any software
that we include as part of the Services, including, without limitation, mobile
and desktop applications, Sample Files and Content Files (defined below),
scripts, instruction sets, and related documentation (collectively, the
“Software”). If you have agreed to the Subscription and Cancellation
Terms (https://www.adobe.com/legal/subscription-terms.html), then such terms are
also considered part of the Terms. If you are using and accessing the Services
and Software through Adobe’s Value Incentive Plan (“VIP”) program, then the
Subscription and Cancellation Terms do not apply to you, but the remainder of
the Terms will govern your use of and access to the Services and Software. If
you have entered into another agreement with us concerning specific Services and
Software, then the terms of that agreement control where it conflicts with the
Terms.
By using the services or the software, you affirm that you are of legal age to
enter into the terms, or, if you are not, that you have obtained parental or
guardian consent to enter into the terms.
You must be 13 or older to register for an individual Adobe ID. Schools that
participate in the primary and secondary education named user offering may issue
a child under 13 an enterprise-level Adobe ID, consistent with the K-12 (Primary
and Secondary) and Higher Education Additional Terms for Student Data
(http://www.adobe.com/go/primary-secondary-terms.)
1. YOUR AGREEMENT WITH ADOBE
1.1 CHOICE OF LAW AND CONTRACTING ENTITY
SECTION 1.1 MEANS:
The country and law(s) that this agreement falls under depends on where you
live.
If you reside in North America (inclusive of the United States, Canada, Mexico,
United States territories and possessions, and United States military bases,
wherever located), your relationship is with Adobe Inc., a United States
company, and the Terms are governed by, and construed and interpreted in
accordance with, the laws of the State of California, U.S.A., unless preempted
by U.S. federal law, without regard to conflict of law rules. If you reside
outside of North America, your relationship is with Adobe Systems Software
Ireland Limited, and the Terms are governed by, and construed and interpreted in
accordance with, the laws of Ireland, unless preempted by local law. For
customers in Australia, Adobe Systems Software Ireland Limited is acting as an
authorized agent of Adobe Systems Pty Ltd. and is entering into this contract in
its capacity as agent for Adobe Systems Pty Ltd. You may have additional rights
under your local law. We do not seek to limit those rights where it is
prohibited to do so by law. For purposes of the Terms, “Adobe,” “us,” “we,” and
“our” mean either Adobe Inc., Adobe Systems Software Ireland Limited, or Adobe
Systems Pty Ltd., as applicable.
1.2 PRODUCT SPECIFIC TERMS
SECTION 1.2 MEANS:
These are general terms of use that apply to all of Adobe’s products. However,
there may also be terms that are specific to the products you use.
Product-specific terms always override the general terms.
Our Services and Software are licensed, not sold, to you, and also may be
subject to one or more of the additional terms below (“Product Specific Terms”).
If there is any conflict between the terms in the General Terms and the Product
Specific Terms, then the Product Specific Terms govern in relation to those
Services or Software. The Product Specific Terms are subject to change as
described in section 1.5 (Updates to Terms) below. Product Specific Terms may
also be referred to as Additional Terms.
Adobe Acrobat Sign
Adobe Collaboration Space
Adobe Developer
Adobe Express
Adobe Fonts
Adobe Generative AI
Adobe Spark
Adobe Stock
Adobe Stock Contributor
Adobe Substance 3D Assets
Adobe Substance 3D Community Assets
Behance
Business Customers
Demo Assets
Document Cloud
Fuse
InDesign Server
K-12 and Higher Education
Lightroom
Medium
Photoshop Express
Software
1.3 BUSINESS USERS
SECTION 1.3 MEANS:
If you’re using an individual Adobe plan, you have control over your content and
the work you create. If you’re using a business plan, your organization has
access to and control over your work.
If you received an “Entitlement” (which is defined as the right to use, access,
and consume the Services and Software) from an organization or group, including
but not limited to a business or any other commercial entity, government entity,
non-profit organization, or educational institution (each, a “Business”) under
one of Adobe’s business plans (such as Creative Cloud for Teams, Creative Cloud
for Enterprise, or Document Cloud), then (A) you are a “Business User” of such
Business; (B) your Adobe profile associated with such Entitlement is a “Business
Profile”; and (C) all references to “you” in the Terms will mean such Business
and its Business Users, as applicable. If you are a Business User, you agree
that, due to your receipt of Entitlements from such Business, (1) Adobe may
provide such Business with the ability to access, use, remove, retain, and
control your Business Profile and all Content therein whether uploaded or
imported before or after the date the Terms were last updated; (2) your use of
the Services and Software is governed by such Business’s agreement with Adobe;
and (3) Adobe may provide your personal information to such Business. Access to
complimentary Entitlements (“Complimentary Services”) may be provided to any
users added to a Business’s Admin Console (as defined in the Business Customers
Additional Terms set forth in Section 1.2), and such users would be considered
Business Users. If you are a Business User with Entitlements from multiple
Businesses, you may have separate Business Profiles associated with each
Business. As a Business User, you may have different agreements with or
obligations to a Business, which may affect your Business Profile or your
Content (defined in 4.1). Adobe is not responsible for any violation by you of
such agreements or obligations. If you did not receive Entitlements from a
Business (e.g., you subscribed to a Creative Cloud for individuals plan and
received Entitlements through this plan), then (a) you are a “Personal User”;
(b) your Adobe profile is a personal profile; (c) you maintain sole access and
control over all Content in your personal account or personal profile (except as
otherwise indicated in the Privacy Policy); and (d) all references to “you” in
the Terms will mean you as an individual. If you receive Entitlements through a
personal plan and from a Business, then you are both a Personal User and a
Business User. You are a Personal User when you utilize the Entitlements you
obtained through your personal plan, and you are a Business User when you
utilize your Entitlements provided by a Business.
1.4 BUSINESS EMAIL DOMAINS
As a Personal User or a Business User, you may create an Adobe account using an
email address provided or assigned to you by a Business (such as your work email
address). If the Business establishes a direct relationship with us, they may
want to add your account to such relationship. If this happens, the Business
may, with prior notice from the Business or us, roll your account into the
Business’s account. This means the Business may (A) access the account; (B) take
control over the account and any Content therein whether stored, uploaded, or
imported before or after the date the Terms were last updated; and (C) recommend
any non-Business Content associated with such account to be moved to a new
account that utilizes an email address not associated with such Business. You,
as a Personal User with an Adobe account assigned to a Business or a Business
User, also acknowledge that Adobe may provide your personal information to such
Business (including, for clarity, sharing your information with an administrator
of your Business), such as your name, email address and Entitlement information.
If you do not want a Business to access, use, remove, retain, or control an
account or profile, then do not use a Business email address with that account.
Information regarding Content storage and access, and how you may change the
email address associated with your account may be
found here: https://adobe.com/go/business-storage-helpx. Adobe may share
information about the Business, such as name and email address of the
administrator, to a Business User.
1.5 UPDATES TO TERMS
SECTION 1.5 MEANS:
Sometimes change happens. We’ll notify you when there are important changes to
these terms or to your subscription.
We may make changes to the Terms from time to time ranging from cleaning up
typos to changes in policy. If we make any important changes, we will notify
you. Any such changes will not apply to any dispute between you and Adobe
arising prior to the date on which we posted the revised Terms incorporating
such changes, or when the Terms otherwise become effective. Please review the
Terms regularly. If you do not agree to the amended Terms, you must stop using
our Services and Software and, if applicable, cancel your subscription.
2. PRIVACY
2.1 PRIVACY
For information about how we collect, use, share, or otherwise process
information about you and your use of our Services and Software, please see
our Privacy Policy (http://www.adobe.com/go/privacy). You have the option to
manage information preferences here: https://www.adobe.com/privacy/opt-out.html.
2.2 OUR ACCESS TO YOUR CONTENT
SECTION 2.2 MEANS:
No one but you owns your content, but we need access to your content as
necessary to operate Adobe applications and services. We limit our access to
very specific purposes.
We review content that is on our servers to screen for certain types of illegal
content (such as child sexual abuse material), or other abusive content or
behavior (for example, patterns of activity that indicate spam or phishing). We
start this process with an automated machine-driven review, but if our automated
systems or another user flags an issue, a person may review the content to
confirm if it is illegal or abusive.
A person may review your content on our servers in limited circumstances, such
as upon your request, when you choose to let us use your content to improve our
products or when your content is flagged or reported as illegal.
Here’s what we don't do: We don’t scan or review content that is stored locally
on your device. We also don’t train generative AI models on your or your
customers’ content unless you’ve submitted the content to the Adobe Stock
marketplace.
We respect your rights to your Content (defined in Section 4.1) and limit our
access to your Content in the following ways:
(A) Operational Use. Our Services and Software will access your Local and Cloud
Content to enable the normal running of the Services and Software, for example,
allowing Photoshop to open your file so you can edit it.
(B) No Scanning or Review of Local Content. For Content stored locally on your
device (“Local Content”), we do not scan or review your Content.
(C) Illegal and Abusive Cloud Content. For Content that you have uploaded to our
servers or create using our cloud-based Services (“Cloud Content”), Content may
be automatically scanned to ensure we are not hosting illegal or abusive
content, like Child Sexual Abuse Material.
(D) Content Analytics with Cloud Content. Subject to your opt-out rights, we may
perform Content Analytics (see section 4.3(B)) with Cloud Content to help us
understand how our users are using our Services and Software to allow us to
improve your Services and Software experience, provide recommendations to you,
and customize your experience. Learn more about your right to opt out of us
performing Content Analytics using your Content
(adobe.com/go/contentanalysisfaq) and usage data (adobe.com/go/usagedatafaq).
Insights from Content Analytics may be used to inform our marketing to you,
subject to your opt-out and consent rights regarding our marketing.
(E) Public and Shared Cloud Content. For Cloud Content on our Adobe Stock
platform and other public-facing platforms like Behance and Lightroom
communities, all Cloud Content is subject to review for intellectual property
issues and safety issues (for example, violence and nudity). If you choose to
share your Cloud Content with others using our Software and Services, we may
automatically review this shared Cloud Content to flag abusive behavior (such as
spam or phishing).
(F) Generative AI. We will not use your Local or Cloud Content to train
generative AI models except for Content you choose to submit to the Adobe Stock
marketplace, and this use is governed by the separate Adobe Stock Contributor
Agreement.
(G) Human Review of Cloud Content. For Cloud Content, human review may occur in
limited circumstances:
1. when you ask us (like contacting our support team);
2. when you make your Cloud Content publicly available (like on Adobe Stock or
Behance);
3. when your Cloud Content is flagged or reported as illegal or abusive (like
Child Sexual Abuse Materials); or
4. when you opt in to a prerelease, beta, or product improvement program (like
the Adobe Photoshop Improvement Program). Learn more
Your Local Content is never reviewed by us.
2.3 DATA PROTECTION AGREEMENTS
In some countries, the law requires that we put a data protection agreement in
place with you if we handle Personal Data (as defined in the applicable
agreement) for you as part of our Services and Software. These agreements are
the EU Data Processing Agreement or Data Protection Terms, found in the
following locations:
(A) European Union (“EU”) Data Processing Agreement (or “DPA”). The DPA terms
apply where you provide Personal Data (as defined in the DPA) collected from
individuals from countries in the European Economic Area (“EEA”) and the UK and
where you are a “Controller” and Adobe is a “Processor” under the General Data
Protection Regulation (EU) 2016/679 (“GDPR”) or any successor for the GDPR
associated with the withdrawal of the United Kingdom from the EU. The DPA terms
are available here: www.adobe.com/go/tou-dpa.
(B) Data Protection Terms. The Data Protection Terms apply where you provide
Personal Data (as defined in the Data Protection Terms) collected from
individuals outside of the EEA and the UK and where Adobe is Processing (as
defined in the Data Protection Terms) this data at your instruction and on your
behalf. The Data Protection Terms are
available here: https://www.adobe.com/go/dpt-ww.
2.4 SENSITIVE PERSONAL INFORMATION
You agree not to collect, process, or store any Sensitive Personal Information
(as defined below) using the Services and Software, except as (A) directly
authorized by Adobe, (B) intended by the Services and Software, or (C) governed
by the Product Specific Terms, as applicable. You agree not to transmit,
disclose, or make available Sensitive Personal Information to Adobe or Adobe’s
third-party providers. “Sensitive Personal Information” means an individual’s
financial information, data concerning an individual’s sexual behavior or sexual
orientation, medical, or health information protected under any health data
protection laws, biometric data, personal information of children protected
under any child data protection laws (such as the personal information defined
under the U.S. Children’s Online Privacy Protection Act (“COPPA”)) and any
additional types of information included within this term or any similar term
(such as “sensitive personal data” or “special categories of personal
information”) as used in applicable data protection or privacy laws. If you are
a Business, you also agree to ensure Business Users’ compliance with this
section 2.4 (Sensitive Personal Information).
2.5 TRANSFER OF PERSONAL INFORMATION
We process and store information in the U.S. and other countries. By using our
Services and Software, you authorize Adobe to transfer your personal information
across national borders and to other countries where Adobe and its partners
operate.
3. USE OF SERVICES AND SOFTWARE
3.1 LICENSE
SECTION 3.1 MEANS:
Adobe grants you certain rights to use your license to Adobe’s apps and
services.
Subject to your compliance with the Terms and applicable law, we hereby grant
you a non-exclusive, limited, revocable right (as set forth herein) for you to
install, access and use the Services and Software that we make available to you,
and that you license from us. Each license is to be used by only one (1) person
and cannot be shared. At the end of your license term, your license(s) will
expire as set forth in your order document(s), or the Subscription and
Cancellation Terms. The version(s) of the Services and Software available at
your renewal date may be different from the version(s) available when you first
licensed them from Adobe. The versions of the Services and Software that Adobe
supports can be found
here: https://www.adobe.com/go/software-support-guidelines. You agree that your
decision to use, access, or license the Services and Software is not contingent
on the delivery of any future functionality or features, or dependent on any
oral or written public comments made by us regarding future functionality or
features.
3.2 ADOBE INTELLECTUAL PROPERTY
SECTION 3.2 MEANS:
Adobe owns its products and services and gives you a license to use them.
We (and our licensors, as applicable) remain the sole owner of all right, title,
and interest in the Services and Software. Except as stated in the Terms, we do
not grant you any rights to patents, copyrights, trade secrets, trademarks, or
any other rights in respect to the items in the Services or Software. This means
you may not use our trade names, trademarks, service marks or logos in
connection with any product or service that is not ours, or in any manner that
is likely to cause confusion. We reserve all rights not granted under the
Terms.
3.3 STORAGE
SECTION 3.3 MEANS:
We don’t want to see you go, but if you do cancel your Adobe subscription,
please take all your content with you before canceling.
When you cancel your subscription, we try to save it for some time in case you
need it later, but we reserve the right to delete content.
We recommend that you back up your Content and Creative Cloud Customer Fonts
elsewhere regularly, even if the Services provide storage and this functionality
is enabled by the applicable Services. We may create reasonable technical
limits, such as limits on file size, storage space, processing capacity, and
other attributes. We may suspend the Services until you are within the storage
space limit associated with your account. At the end of your license term, we
will use commercially reasonable efforts to allow you to transition your Content
out of the Services. The transition must be completed within thirty (30) days
from the date of the termination or expiration of your license term. At the end
of this 30-day transition period, we reserve the right to delete your Content.
You should download any Content that you have stored in the Services before your
license ends.
3.4 USER-GENERATED CONTENT
SECTION 3.4 MEANS:
Users may upload and share their content using our products and we are not
responsible for this content. If you find offensive content, you can flag this
content for us to review.
We may host user-generated content from our users. If you access our Services,
you may come across user-generated content that is illegal or that you find
offensive or upsetting. We bear no responsibility for such user-generated
content. If available, you may also click on the “Report” button to report this
content to us. You may learn more about our content moderation policies and
practices, including how to report content to us at our Transparency Center.
3.5 SAMPLE FILES
“Sample Files” means Adobe-provided audio, visual, video, or other content
files for use in tutorials, demonstrations, and for other trial purposes, which
may be identified as sample files. Sample Files cannot be used for any other
purpose than for which they were provided. You cannot distribute Sample Files in
any way that allows a third party to use, download, extract, or access the
Sample Files as a stand-alone file, and you cannot claim any rights in the
Sample Files.
3.6 CONTENT FILES
SECTION 3.6 MEANS:
You have the right to use the content or assets that we make available to you.
You can even change or modify this content in your work.
“Content Files” means Adobe assets provided as part of the Services and
Software. Unless documentation or specific licenses (including but not limited
to Product Specific Terms) state otherwise, we grant you a personal,
non-exclusive, non-sublicensable (except if you are a Business, then
sublicensable only to your Business Users), and non-transferable license to use
the Content Files to create your end use (i.e., the derivative application or
product authored by you) into which the Content Files, or derivations thereof,
are embedded for your use (“End Use”). You may modify the Content Files prior to
embedding them in the End Use. You may reproduce and distribute Content Files
only in connection with your End Use, however, under no circumstances can you
distribute the Content Files on a stand-alone basis, outside of the End Use.
3.7 FREE MEMBERSHIPS, COMPLIMENTARY SERVICES, OFFERS, AND TRIALS
SECTION 3.7 MEANS:
We may offer our products and services to you at no charge, like free
memberships or trial subscriptions.
Adobe may provide free memberships, Complimentary Services, offers, and trial
subscriptions in its sole discretion. If access to the Services and Software is
provided to you for free, Complimentary Services, or for trial purposes, such
access is governed by the Terms. At any time prior to or during the free,
Complimentary Services, or trial period, Adobe may, in its sole discretion,
terminate that access without prior notice and without any liability to you, to
the extent permitted under applicable law, for any reason, including to prevent
abuse of the free, Complimentary Services, or trial access. After the free,
Complimentary Services, or trial access period expires, you may continue using
the Services or Software in a paid subscription, if available, or as otherwise
permitted by Adobe. During the free, Complimentary Services, or trial period, no
express or implied warranties shall apply to the Services and Software; all
Services and Software are provided “as-is” with all defects, and no technical or
other support is included.
3.8 NFR VERSION
Adobe may also designate the Services and Software as “trial,” “evaluation,”
“not for resale,” or other similar designation (“NFR Version”). You may install
and use the NFR Version only for the period and purposes stated when we provide
the NFR Version. You must not use any materials you produce with the NFR Version
for any commercial purposes.
3.9 ADOBE TALENT
(A) You may not post jobs that point to specific work contests or other
opportunities that solicit customized and unpaid creative work from creative
professionals. Any such postings may be removed without refund.
(B) We offer a paid “Talent Search” feature to recruiters and companies looking
to discover and hire creative talents. By uploading a public profile or public
project on the Services, you agree that the public information may be included
in Talent Search results.
3.10 CREATIVE CLOUD CUSTOMER FONTS
SECTION 3.10 MEANS:
Before uploading any fonts to Adobe products, be sure you have the rights to use
those fonts.
(A) For any font or font file you upload or submit to the Services and Software
(“Creative Cloud Customer Fonts”) you represent and warrant that you have all
necessary rights to allow us to use, reproduce, display, host, and distribute
the Creative Cloud Customer Fonts through the Services and Software for your
use. Creative Cloud Customer Fonts are not considered Content, as defined in the
Terms. You retain all rights to the unmodified Creative Cloud Customer Fonts.
You acknowledge that enabling the display of any Creative Cloud Customer Font
with the Services and Software for your use may require us to use Adobe
Technology, including our proprietary font-optimization technology, and that we
retain all rights to such Adobe Technology. “Adobe Technology” means technology
owned by us or licensed to us by a third-party (including the Services and
Software and any related intellectual property rights throughout the world), any
Feedback provided to us that is incorporated into any of the foregoing, and any
of the modifications, or extensions of any of the foregoing, whenever or
wherever developed. Adobe does not represent or warrant that any such Creative
Cloud Customer Fonts will be compatible with or be suitable for use with the
Services or Software.
(B) If we are informed by a third party, such as a foundry, or become aware that
you do not have the rights to which you warrant in section 3.10(A) (Creative
Cloud Customer Fonts) or that your Creative Cloud Customer Fonts violate
third-party Intellectual Property Rights, then we may remove the Creative Cloud
Customer Fonts from your account, from the Services, or from the Content that
uses such Creative Cloud Customer Fonts. You acknowledge that if we remove your
Creative Cloud Customer Fonts from your account, the Services or the Content
that uses the Creative Cloud Customer Fonts, or the display of your Content may
change, and we will have no liability in connection with the removal.
Information about how your Content may change can be
found here: https://www.adobe.com/go/cc-fonts-faq.
(C) You may revoke our access to your Creative Cloud Customer Fonts and
terminate our rights at any time by deleting your Creative Cloud Customer Fonts
from the Service.
(D) Upon termination or closure of your account, we reserve the right to delete
your Creative Cloud Customer Fonts. Some copies of your Creative Cloud Customer
Fonts may be retained as part of our routine backups.
(E) We may collect information connected to your use of the Creative Cloud
Customer Fonts, such as names of the Creative Cloud Customer Fonts that you
upload and how you use the Creative Cloud Customer Fonts.
3.11 OTHER LICENSE TYPES
SECTION 3.11 MEANS:
You may be able to use a beta version of our products. These products are in
development and are not final versions, so there may be issues or bugs that
arise from using them. If you choose to use a beta version, human review of your
content may occur.
Adobe may also ask you to keep your use of its beta versions confidential.
(A) Pre-release or Beta Version. We may designate the Services and Software, or
a feature of the Services and Software, as a prerelease or beta version (“Beta
Version”). A Beta Version does not represent the final Services and Software and
may contain bugs that may cause system or other failure and data loss. We may
choose not to release a commercial version of the Beta Version. You must
promptly cease using the Beta Version and destroy all copies of the Beta Version
if we request you to do so. In exchange for your use of a Beta Version, you
agree that Adobe may collect data, including crash data, regarding your use of
the Beta Version and analyze your Content, including human review, to improve
our Services and Software and to personalize your experience, regardless of
whether you have opted-out of data collection for non-Beta Versions. If you do
not wish to have your usage tracked or Content analyzed, you must discontinue
your use of the Beta Version by uninstalling such Beta Version or utilizing a
non-Beta Version of the Services and Software. Any separate agreement we enter
into with you governing the Beta Version will supersede these provisions.
(B) Education Version. If we designate the Services and Software to be for use
by educational users (“Educational Version”), then you may use the Educational
Version only if you meet the eligibility requirements stated
at https://www.adobe.com/go/primary-secondary-institution-eligibility-guidelines.
You may install and use the Educational Version only in the country where you
are qualified as an educational user. If you reside in the EEA, then the word
“country” in the prior sentence means the EEA.
3.12 THIRD-PARTY SERVICES AND SOFTWARE
SECTION 3.12 MEANS:
Some of our products allow you to access third-party apps or services, like
social media apps and plug-ins, but Adobe isn’t responsible for these tools.
They are governed by the terms of the third-party providers.
Adobe may make third-party software and services (including plug-ins and
extensions) available to you through the Services and Software as a convenience.
Third-party software and services are not Services and Software as defined in
the Terms and your acquisition and use of such third-party software and services
is solely between you and the third party. Some third-party terms that may be
applicable to your use of the Services and Software are available here:
(https://www.adobe.com/go/thirdparty and https://www.adobe.com/legal/permissions/image-notice.html).
You are responsible for complying with all applicable third-party terms.
4. YOUR CONTENT
SECTION 4 MEANS:
Your content is your content — you own it, and we don’t.
4.1 CONTENT
“Content” means any text, information, communication, or material, such as audio
files, video files, electronic documents, or images, that you upload, import
into, embed for use by, or create using the Services and Software.
4.2 OWNERSHIP
As between you and Adobe, you (as a Business User or a Personal User, as
applicable) retain all rights and ownership of your Content. We do not claim any
ownership rights to your Content.
4.3 LICENSES TO YOUR CONTENT
SECTION 4.3 MEANS:
You own your content. But in order to use our products and services, we need you
to give us permission to use your content when stored or processed in our cloud.
This permission is called a license.
This license allows us to provide our products and services to you, like if you
want to share your content or publish your content on Behance. Because it’s your
content — not ours.
This license does not give us permission to train generative AI models with your
or your customers’ content. We don’t train generative AI models on your or your
customers’ content unless you’ve submitted the content to the Adobe Stock
marketplace.
We also ask whether you would like to help us improve our products and services,
but it’s never required. When you choose to help us improve our products, we
need a limited license to your content for that specific purpose.
(A) License to Cloud Content to Operate the Services and Software on Your
Behalf. Solely for the purpose of operating the Services and Software on your
behalf, and subject to section 4.2 (Ownership) above which states that in all
cases you own your Content, you grant us a non-exclusive, worldwide,
royalty-free license to do the following with your Cloud Content:
1. reproduce
(for example, to create copies of your Cloud Content on our servers in order
to allow you to upload your Cloud Content to our servers, to allow you to
copy and paste your Cloud Content between multiple Adobe Express projects,
to make copies of your Creative Cloud libraries, to make copies across
servers to help prevent data loss, or to cache your Cloud Content on content
delivery networks to improve how quickly you can view and download content
stored on our servers);
2. distribute
(for example, to publish your work under your direction to third party
platforms or services, to share Cloud Content under your direction through
our Services to your friends, family, and colleagues, or to allow these
authorized people to download your Cloud Content with your permission);
3. create derivative works
(for example, to compress an image to use as a thumbnail, to remove an image
background at your direction, or to translate the Cloud Content into another
language);
4. publicly display
(for example, for an image or document, to publish the image or document on
a public property such as Behance or a third-party platform at your
direction but not to use your image or document to market or promote
Adobe);
5. publicly perform
(for example, to enable the playback of a video on public properties or
third-party platforms at your direction but not to use the video to market
or promote Adobe); and
6. sublicense the foregoing rights to third parties acting on our behalf (for
example, we utilize trusted cloud infrastructure providers and content
delivery networks subject to confidentiality and privacy restrictions to
provide you with faster access to your Cloud Content).
What Adobe Does Not Do
We will not (and cannot) grant a sublicense to a third party that is greater
than the rights you give us.
Under this clause 4.3(A), we do not have the right to, and will not, use your
Content to market or promote Adobe.
We will not use these rights to train generative AI models on your Content and
will not use the sublicense rights to have anyone else train generative AI
models on your Content, except at your specific request (like you asking us to
train a custom model on your Content).
(B) License to Cloud Content to Improve our Services and Software. (B) License
to Cloud Content to Improve our Services and Software. Solely for the purpose of
our internal analysis of how you use our Services and Software and the
characteristics of your Content (such as file type and structural attributes)
(together, “Content Analytics”), you grant us a non-exclusive, worldwide,
royalty-free license to do the following to improve our Services and Software:
1. reproduce (for example, to make copies of your Cloud Content in our internal
file storage repositories);
2. create derivative works (for example, to convert between file formats, or
crop the Cloud Content); and
3. sublicense the foregoing rights to third parties acting on our behalf
(for
example, we may utilize trusted vendors and contractors subject to
confidentiality and privacy restrictions to do Content Analytics on our
behalf).
We will not (and cannot) grant a sublicense to a third party that is greater
than the rights you give us.
Under this clause 4.3(B), we do not have the right to, and we will not, publicly
display your Content or allow third parties to improve their products with your
Content.
(C) You May Choose Not to Participate in Content Analytics.
1. Opt-out Rights. You have the right to opt out of us performing Content
Analytics using your Content (https://www.adobe.com/go/contentanalysisfaq)
and usage data (https://www.adobe.com/go/usagedatafaq).
2. Generative AI. We will not use your Content to train generative AI models
except for Content you chose to submit to the Adobe Stock marketplace, and
this use is governed by the separate Adobe Stock Contributor Agreement.
4.4 SHARING YOUR CONTENT
(A) Sharing. Some Services and Software may provide features that allow you to
Share your Content with other users or to make it public. “Share” means to
email, post, transmit, stream, upload, or otherwise make available (whether to
us or other users) through your use of the Services and Software. Other users
may use, copy, modify, or re-share your Content in many ways. Please carefully
consider what you choose to Share or make public as you are responsible for the
Content that you Share.
(B) Level of Access. We do not monitor or control what others do with your
Content. You are responsible for determining the limitations that are placed on
your Content and for applying the appropriate level of access to your Content.
If you do not choose the access level to apply to your Content, the system may
default to its most permissive setting. It is your responsibility to let other
users know how your Content may be Shared and to adjust the setting related to
accessing or Sharing your Content.
(C) Comments. Any comments that you submit through the Services and Software are
not anonymous and may be viewed by other users. In some Services and Software,
your comments may be deleted by you, by other users, or by us.
(D) Removing Your Content. If you delete Content from the Services and Software,
we will stop making that Content publicly available within a reasonable amount
of time. Some copies of your Content may be retained for a period of time as
part of our routine backups, and we are not responsible for any use of Content
that you have Shared or made public.
(E) Collaboration. Before you Share any Content through the Services, please
review the Adobe Collaboration Space Product Specific Terms set forth in section
1.2 above as they apply to you and the Content you Share within Adobe
collaboration environments.
4.5 CONTENT REMOVALS AND APPEALS
If we remove your Content for violating the Terms, we will inform you of our
decision via the email address you provided to us. If you believe that your
Content was removed in error, you may submit an appeal by following the process
outlined in our communication to you or at our Transparency Center.
4.6 FEEDBACK
SECTION 4.6 MEANS:
Your feedback is always appreciated! When you choose to share your feedback with
us, it helps improve our products and services.
You may choose to provide us with feedback regarding the Services and Software,
including in the form of ideas, suggestions, proposals, or examples involving
your Content ("Feedback"). In such event, you agree that we are free to use the
Feedback for our business purposes, including by incorporation into the Services
and Software without any payment or attribution or other obligation to you.
5. YOUR ACCOUNT
5.1 ACCOUNT INFORMATION
You, as a Personal User or a Business User, are responsible for all activity
that occurs via your account even if that activity is not by you or is without
your knowledge or consent. You may not (A) share your account information
(except with an authorized account administrator), whether intentionally or
unintentionally; or (B) use another person’s account. Your account administrator
may use your account information to manage your use and access to the Services
and Software. For PhoneGap, we reserve the right to monitor and enforce
subscription plan limits and restrictions, including, but not limited to, the
right to charge for overages.
5.2 ACCOUNT SECURITY
You are responsible for taking reasonable steps to maintain the security and
control of your Adobe Account. Adobe may require you to enable multi-factor
authentication and provide a phone number or an alternate email for security
purposes. Adobe assumes no responsibility for any loss that you may sustain due
to a compromise of your account login credentials, or your failure to follow or
act on any notices or alerts that we may send to your email address or telephone
number. You are responsible for keeping your email address and telephone number
up to date to receive any notices or alerts that we may send you, and you are
also responsible for carefully reviewing any messages purporting to be from
Adobe to ensure they are legitimate. We assume no responsibility if you are
unable to access your Adobe Account because you cannot provide the appropriate
login credentials, such as a password, email address, or telephone number. If
you suspect that your Adobe Account or any of your security details have been
compromised, please contact your account administrator or Adobe Customer
Care https://www.adobe.com/go/csupport_subscripterms.
5.3 FREE ACCOUNT INACTIVITY
You are responsible for keeping your account active, which means you must sign
in and use your account periodically to avoid any Content deletion, disruption
or loss of access to the Services and Software, or termination of your account.
If you don't sign into your account periodically, we reserve the right to assume
your account is inactive, and you agree that we may permanently delete your
Content stored in the account or close your account entirely. Prior to
permanently deleting your Content or closing your account for inactivity, we
will attempt to provide notice to you. For the avoidance of doubt, this section
5.3 (Free Account Inactivity) does not apply to paid accounts in good standing.
6. USER CONDUCT
SECTION 6 MEANS:
Adobe products should be used responsibly, and not used for things like selling
or sharing accounts, generating illegal content, creating fake accounts, or
committing fraud.
You must use the Services and Software responsibly and not misuse the Services
and Software. For example, you must not:
6.1 use the Services and Software without, or in violation of, a written license
or agreement with Adobe;
6.2 copy, modify, host, stream, sublicense, or resell the Services and
Software;
6.3 enable or allow others to use the Services and Software using your account
information;
6.4 offer, use, or permit the use of or access to the Services and Software in a
computer services business, third-party outsourcing service, on a membership or
subscription basis, on a service bureau basis, on a time-sharing basis, as a
part of a hosted service, or on behalf of any third party;
6.5 construct a database or dataset using, including, or comprised of the Adobe
Content Files for the purpose of reverse engineering;
6.6 access or attempt to access the Services and Software by any means other
than the interface we provide or authorize;
6.7 circumvent any access or use restrictions put into place to prevent certain
uses of the Services and Software;
6.8 Share or generate Content, including Creative Cloud Customer Fonts, or
otherwise engage in behavior that violates anyone’s Intellectual Property
Rights. “Intellectual Property Rights” means copyright, moral rights, trademark,
trade dress, patent, trade secret, unfair competition, right of privacy, right
of publicity, and any other proprietary rights;
6.9 Share or generate any Content or engage in behavior that is unlawful,
harmful, threatening, obscene, violent, abusive, tortious, defamatory, libelous,
vulgar, lewd, invasive of another’s privacy, hateful, or otherwise
objectionable;
6.10 Share or generate any Content that sexualizes minors or that is intended to
facilitate inappropriate interactions with minors, other Adobe users, or the
public;
6.11 impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity, including not disclosing
an applicable sponsorship or endorsement relationship when you leave a review;
6.12 attempt to disable, impair, or destroy the Services and Software;
6.13 upload, transmit, store, or make available any Content, including Creative
Cloud Customer Fonts, or code that contains any viruses, malicious code,
malware, or any components designed to harm or limit the functionality of the
Services and Software;
6.14 disrupt, interfere with, or inhibit any other user from using the Services
and Software (such as stalking, intimidation, harassment, or incitement or
promotion of violence or self-harm);
6.15 engage in chain letters, junk mail, pyramid schemes, phishing, spamming, or
other unsolicited messages;
6.16 engage in fraudulent activities, such as payment and refund fraud;
6.17 place an advertisement of any products or services in the Services except
with our prior written approval;
6.18 use any data mining or similar data gathering and extraction methods in
connection with the Services and Software, including data scraping for machine
learning or other purposes;
6.19 artificially manipulate or disrupt the Services and Software (such as
manipulating appreciations on Behance or driving users to third-party sites);
6.20 create Adobe accounts for the purpose of violating the Terms or our
policies (or other types of actions taken by Adobe), including, but not limited
to, creating fake accounts, or for circumventing account termination;
6.21 manipulate or otherwise display the Services and Software by using framing
or similar navigational technology; or
6.22 violate applicable law.
7. FEES AND PAYMENT
7.1 TAXES AND THIRD-PARTY
You must pay any applicable taxes and third-party fees (including, for example,
telephone toll charges, mobile carrier fees, ISP charges, data plan charges,
credit card fees, VAT, foreign exchange fees, and foreign transaction fees). We
are not responsible for these fees. Contact your financial institution with
questions about fees. We may take steps to collect the fees you owe us. You are
responsible for all related collection costs and expenses. If you are located in
a different country from the applicable Adobe entity with which you are
transacting (i.e., Adobe Inc. for North American customers and Adobe Systems
Software Ireland Limited for customers in all other countries), your payments
will be made to a foreign entity.
7.2 CREDIT CARD INFORMATION
You authorize us or our authorized vendor(s) to store your payment method and
use it in connection with your use of the Services and Software as described in
your Subscription and Cancellation Terms. To avoid interruption of your service,
we may participate in programs supported by your card provider to try to update
your payment information. You authorize us or our authorized vendor(s) to
continue billing and charging your account for amounts owed with the information
that we obtain.
8. YOUR WARRANTY AND INDEMNIFICATION OBLIGATIONS
8.1 WARRANTY
You must have: (A) all necessary licenses and permissions to use and Share your
Content; and (B) the rights necessary to grant the licenses in the Terms.
8.2 INDEMNIFICATION
You will indemnify us and our subsidiaries, affiliates, officers, agents,
employees, partners, and licensors from any claim(s), demand(s), loss(es), or
damage(s), including reasonable attorneys’ fees, arising out of, or related to:
(A) your Content, including, but not limited to Creative Cloud Customer Fonts;
(B) your use of the Services and Software (as applicable);
(C) your interactions with any other users (including Third-Party Entitlement
Holders); or
(D) your violation of the Terms (“Matter”).
We have the right to control the defense of any Matter subject to
indemnification by you with counsel of our own choosing. You will fully
cooperate with us in the defense of any Matter.
9. DISCLAIMERS OF WARRANTIES
9.1
Unless stated in the Product Specific Terms, the Services and Software are
provided “AS-IS.” To the maximum extent permitted by law, Adobe, its affiliates,
and third-party providers (“Covered Parties”) disclaim all warranties, express
or implied, including the implied warranties of non-infringement,
merchantability, and fitness for a particular purpose. The Covered Parties make
no commitments about the content within the Services. The Covered Parties
further disclaim any warranty that (A) the Services and Software will meet your
requirements or will be constantly available, uninterrupted, timely, secure, or
error-free; (B) the results obtained from the use of the Services and Software
will be effective, accurate, or reliable; (C) the quality of the Services and
Software will meet your expectations; or (D) any errors or defects in the
Services and Software will be corrected.
9.2
The Covered Parties specifically disclaim all liability for any actions
resulting from your use of any Services and Software. You may use and access the
Services and Software at your own discretion and risk, and you are solely
responsible for any damage to your computer system or loss of data that results
from the use of and access to any Service and Software.
9.3
If you post your Content on our servers to publicly Share through the Services,
the Covered Parties are not responsible for: (A) any loss, corruption, or damage
to your Content; (B) the deletion of Content by anyone other than Adobe; or (C)
the inclusion of your Content by third parties on other websites or in other
media.
10. LIMITATION OF LIABILITY
10.1
Unless stated in the Product Specific Terms, in no event shall the Covered
Parties be liable to you or anyone else for any special, incidental, indirect,
consequential, moral, exemplary or punitive damages whatsoever, regardless of
cause, including losses and damages (A) resulting from loss of use, data,
reputation, revenue, or profits; (B) based on any theory of liability, including
breach of contract or warranty, negligence, or other tortious action; or (C)
arising out of or in connection with your use of or access to the Services and
Software. Nothing in the Terms limits or excludes our liability for gross
negligence, intentional misconduct of Adobe or its employees, death, or personal
injury.
10.2
Our total liability in any matter arising out of or related to the Terms is
limited to the greater of (A) US $100; or (B) the aggregate amount that you paid
for access to the Services and Software during the three-month period preceding
the event giving rise to the liability. Our suppliers will have no liability in
any matter arising out of or related to the Terms.
10.3
These limitations and exclusions in this section 10 (Limitation of Liability)
apply to the maximum extent permitted by law even if (A) a remedy does not fully
compensate you for any losses or fails of its essential purpose; or (B) the
Covered Parties knew or should have known about the possibility of damages.
10.4
The Terms set forth the entire liability of the Covered Parties as well as your
exclusive remedy with respect to access and use of the Services and Software.
11. TERMINATION
SECTION 11 MEANS:
You can cancel your subscription at any time, but fees may apply. If you violate
any of our terms, Adobe has the right to terminate or suspend your account.
11.1 TERMINATION BY YOU
You may cancel your subscription and terminate your use of the Services and
Software at any time. Cancellation or termination of your account does not
relieve you of any obligation to pay any outstanding fees associated with your
subscription, including, but not limited to early cancellation fees.
11.2 TERMINATION BY US
Unless stated in the Product Specific Terms, we may at any time immediately
terminate or suspend your right to use and access the Services and Software if
in Adobe's sole discretion:
(A) you breach any provision of the Terms (or act in a manner that clearly shows
you do not intend to, or are unable to, comply with the Terms);
(B) you fail to make the timely payment of fees for the Services and Software,
if any;
(C) you physically, verbally, or through other means abuse, threaten, bully, or
harass us or our personnel (in such circumstances, we may alternatively suspend
or restrict your access to the Services and Software);
(D) you have repeatedly made complaints in bad faith or without a reasonable
basis, and continue to do so after we have asked you to stop (in such
circumstances, we may alternatively suspend or restrict your access to the
Services or Software);
(E) continuing to provide the Software or Services to you would violate any
applicable law;
(F) we elect to discontinue the Services and Software, in whole or in part if it
becomes impractical for us to continue offering Services in your region due to
change of law, or other reason; or
(G) there has been an extended period of inactivity in your free account.
If we terminate the Terms, or your use of the Services and Software for reasons
other than for cause, as listed in any of Sections (A) to (D) and (G) above, we
will make reasonable efforts to notify you via the email address you provide to
us, at least thirty (30) days prior to termination, with instructions on how to
retrieve your Content. If we terminate your use of the Services and Software for
reasons listed in Sections (E) or (F), we may, in our sole discretion, provide
you with a pro rata refund for any prepaid, unused fees for that Service or
Software. Upon termination by us, you may lose access to your Content.
11.3 SURVIVAL
Upon the expiration or termination of the Terms, some or all of the Services and
Software may cease to operate without prior notice. Your indemnification
obligations, our warranty disclaimers and limitations of liabilities, and the
dispute resolution provisions stated in the Terms will survive.
11.4 ACCOUNT DEACTIVATIONS AND APPEALS
If you believe your Adobe Account has been deactivated in error, you may submit
an appeal by following the process outlined when you attempt to log into your
account or at our Transparency Center. If you have any related questions, please
contact Adobe Customer Care.
12. TRADE SANCTIONS AND EXPORT CONTROL COMPLIANCE
The Services and Software, and your use of them, are subject to laws,
restrictions, and regulations of the United States and other jurisdictions that
govern the import, export, and use of the Services and Software. By using the
Services and Software, you agree to comply with all such laws, restrictions, and
regulations, and you warrant that you are not prohibited from receiving the
Services and Software by the laws of any jurisdiction. Additionally, you agree
not to upload to or transmit over any Services or Software any content that is
controlled for export from the United States (including technical data
controlled under the US International Traffic in Arms Regulations and technology
controlled under the US Export Administration Regulations) without prior written
approval from Adobe.
13. AUSTRALIAN CONSUMER LAW
Nothing in the Terms is intended to exclude, restrict, or modify any consumer
rights under the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other
legislation which may not be excluded, restricted, or modified by agreement. If
the CCA or any other legislation implies a condition, warranty, or term into the
Terms or provides statutory guarantees in connection with the Terms, in respect
of goods or services supplied (if any), our liability for breach of such a
condition, warranty, other term or guarantee is limited (at our election), to
the extent it is able to do so: (A) in the case of supply of goods, our doing
any one or more of the following: (1) replacing the goods or supplying
equivalent goods; (2) repairing the goods; (3) paying the cost of replacing the
goods or of acquiring equivalent goods; and (4) paying the cost of having the
goods repaired; or (B) in the case of supply of services, our doing either or
both of the following: (1) supplying the services again; and (2) paying the cost
of having the services supplied again.
14. DISPUTE RESOLUTION, CLASS ACTION WAIVER, ARBITRATION AGREEMENT
Adobe Customer Care is available to address most concerns that you may have
regarding Adobe’s Services and Software. Contact Adobe Customer
Care here: https://www.adobe.com/go/csupport_subscripterms.
14.1 NOTICE OF CLAIM AND REQUIRED INFORMATION DISPUTE RESOLUTION PROCESS
SECTION 14.1 MEANS:
You agree to notify Adobe of any dispute and try to resolve it amicably. If that
doesn’t work, the dispute will be decided either in small claims court or
through arbitration. But let’s try the amicable route first.
If you have any concern or dispute that Adobe Customer Care is unable to resolve
(“Claim”), you agree to first try to resolve the dispute informally and in good
faith by contacting us and providing a written Notice of Claim to the address
provided in section 18.2 (Notice to Adobe). The Notice of Claim must provide
Adobe with fair notice of your identity, a description of the nature and basis
of your Claim, and the relief you are seeking, including the specific amount of
any monetary relief you are seeking, and cannot be combined with a Notice of
Claim for other individuals. If any dispute related to your Claim is not
resolved within 30 days of receipt, any resulting legal actions must be resolved
through either small claims court or final and binding arbitration, including
any dispute about whether arbitration is required for the dispute, subject to
the exceptions set forth below. Neither party shall initiate legal action until
30 days after the Notice of Claim is received. This agreement to arbitrate shall
apply, without limitation, to all claims that arose or were asserted before the
effective date of the Terms. The arbitrator, and not any federal, state, or
local court or agency, shall have the exclusive authority to resolve any dispute
relating to the interpretation, applicability or enforceability of the Terms or
formation of the Terms, including whether any dispute between us is subject to
arbitration (i.e., the arbitrator will decide the arbitrability of any dispute)
and whether all or any part of these Terms are void or voidable. Claims related
to the Terms, Services, or Software are permanently barred if not brought within
one year of the event resulting in the Claim.
14.2 NO CLASS ACTIONS
You may only resolve disputes with us on an individual basis, and you may not
bring a claim as a plaintiff or a class member in a class, consolidated, or
representative action. Nonetheless, if any portion of this class action waiver
is deemed unenforceable or invalid as to a particular remedy, then that remedy
(and only that remedy) must be severed from the arbitration and may be sought in
court. The parties agree, however, that any adjudication of remedies not subject
to arbitration shall be stayed pending the outcome of any arbitrable claims and
remedies.
14.3 ARBITRATION RULES
If you reside in the Americas, JAMS will administer the arbitration in Santa
Clara County, California, USA, pursuant to its Streamlined Arbitration Rules and
Procedures. If you reside in Australia, New Zealand, Japan, mainland China, Hong
Kong, Macau, Taiwan, South Korea, India, Sri Lanka, Bangladesh, Nepal, or a
member state of the Association of Southeast Asian Nations (ASEAN), then the
Singapore International Arbitration Centre (SIAC) will administer the
arbitration in Singapore under its Rules of Arbitration, which rules are deemed
to be incorporated by reference in this section. Otherwise, the London Court of
International Arbitration (LCIA) will administer the arbitration in London, UK
under the LCIA Arbitration Rules. There will be one arbitrator that you and
Adobe mutually select. The arbitration will be conducted in the English
language, but any witness whose native language is not English may give
testimony in the witness’s native language, with simultaneous translation into
English (at the expense of the party presenting the witness). Judgment upon the
award rendered may be entered and will be enforceable in any court of competent
jurisdiction having jurisdiction over you and us. In the event of a conflict
between the rules of the arbitration provider and the Terms, including with
respect to the assessment of the fees and costs of arbitration, the Terms will
govern.
14.4 ARBITRATION FEES AND COSTS
Payment of all filing, administration, and arbitrator fees and costs of
arbitration will be governed by the rules of the arbitration provider, except
that to the extent that you bring a Claim as part of a Coordinated Action, we
agree that the parties will equally share all of the fees and costs of
arbitration (to the extent that allocation is not already required under
applicable rules). For purposes of this section, a “Coordinated Action” is any
action in which you are represented by a law firm or collection of law firms
that has filed numerous coordinated individual arbitration demands of the same
or similar nature against Adobe within a short time. Notwithstanding the above,
if you are unable to afford fees or costs of arbitration, Adobe will pay them.
If the arbitrator finds that either the substance of a Claim or the relief
sought in arbitration was frivolous, or a Claim was brought for an improper
purpose, the parties may seek to re-allocate the fees and costs of arbitration,
according to the rules of the arbitration provider.
14.5 EXCEPTIONS TO ARBITRATION – SMALL CLAIMS AND INJUNCTIVE RELIEF
Notwithstanding the foregoing, either party may elect to have any Claim that is
subject to the jurisdiction of small claims court decided in small claims court
in Santa Clara County, California, USA, or the county of your residence. If
either party files a Claim in arbitration that could have been brought in small
claims court, the other party may provide notice that it wants the case decided
in small claims court before the appointment of an arbitrator, and the
arbitrator shall administratively close the case before assessing any fees, and
the party bringing the Claim must proceed in small claims court in lieu of
arbitration. Any dispute about whether a Claim qualifies for small claims court
shall be resolved by that court, not by an arbitrator. In the event of any such
dispute, the arbitration proceeding shall remain closed unless and until a
decision by the small claims court that the Claim should proceed in arbitration.
Additionally, either party shall be entitled to apply for preliminary injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction,
such as in the event of your or others’ unauthorized access to or use of the
Services or Software in violation of the Terms. If a party has a dispute in
which they seek to obtain both preliminary injunctive relief and other forms of
relief, the party may go to court to seek preliminary injunctive relief but must
arbitrate its claims or seek relief in small claims court for all other forms of
relief.
14.6 ACCEPTANCE OF ARBITRATION AND RIGHT TO OPT OUT
Within the first thirty (30) days of your use of the Services and Software or
the date of the last update to section 14 (Dispute Resolution, Class Action
Waiver, Arbitration Agreement) of the Terms, whichever is later, you have the
right to opt out of the arbitration and class action waiver provisions of
section 14 (Dispute Resolution, Class Action Waiver, Arbitration Agreement) by
sending us written notice of your decision at the address set forth in section
18.2 (Notice to Adobe) or via email at ContractNotifications@adobe.com. If you
opt out of these provisions, Adobe will also not be bound by them.
15. AUDIT RIGHTS
SECTION 15 MEANS:
Adobe has the right to verify that businesses’ use of our products and services
is in compliance with our terms. This doesn’t apply to individuals using their
personal (non-business) account or profile.
If you are a Business, then we may, no more than once every twelve (12) months,
upon at least seven (7) days’ prior notice to you, appoint our personnel or an
independent third-party auditor who is obliged to maintain confidentiality, to
inspect (including manual inspection, electronic methods, or both) your records,
systems, and facilities to verify that your installation and use of Services or
Software comply with our Terms. Additionally, you will provide us with all
records and information requested by us within thirty (30) days of our request
in order for us to verify that the installation and use of any and all Services
and Software is in conformity with your valid licenses. If the verification
discloses a shortfall in conformity with the licenses for the Services and
Software, you will immediately acquire any necessary licenses, subscriptions,
and applicable back maintenance and support or other applicable action in order
to remedy any such non-conformity(ies).
16. UPDATES TO SERVICES AND SOFTWARE AND AVAILABILITY
16.1 UPDATES TO THE SERVICES AND SOFTWARE
We may modify, update, or discontinue the Services and Software (including any
portions or features), which modifications, updates or discontinuations may, for
clarity, be detrimental or result in a diminishment of value to you, at any
time, without liability to you or anyone else. For changes to paid offerings
that, in Adobe’s reasonable discretion, are detrimental or result in a material
diminishment of value to you, we will make reasonable commercial efforts to
notify you of such modification, update, or discontinuation. If we discontinue
the Services or Software in its entirety, we will use reasonable commercial
efforts to allow you to transition your Content, and we may provide you with a
pro rata refund for any unused fees for that Service or Software that you
prepaid.
16.2 AVAILABILITY
Our webpages may be accessible worldwide, but this does not mean all Services
and Software are available in your country or that user-generated content
available via the Services and Software is legal or available in your country.
Access to certain Services (or certain Service features) or Software may be
blocked in certain countries. Users in China are not permitted to access or use
any online services within our Services and Software and must purchase the
Services and Software specifically made available to users in China for use in
China. It is your responsibility to make sure your use of the Services and
Software is legal or available where you use them. Services and Software are not
available in all languages.
17. NO MODIFICATIONS, REVERSE ENGINEERING, ARTIFICIAL INTELLIGENCE/MACHINE
LEARNING (AI/ML)
SECTION 17 MEANS:
We invest in our technology and services and don’t allow you to recreate or
attempt to recreate our products.
Our products are meant to support creativity and productivity, not to create AI
training datasets.
Other than the reverse engineering activities and attempts to recreate our
products described below, you can use Firefly and our generative AI tools to
generate content for any other legal purpose.
Certain elements of the Services and Software constitute our (or our licensors’)
confidential information. Except as expressly permitted in the Terms, you must
not (and must not allow third parties to): (A) modify, port, adapt, or translate
any portion of the Services or Software; (B) reverse engineer (including but not
limited to monitoring or tracking the inputs and outputs flowing through a
system or an application in order to recreate that system), decompile,
disassemble, or otherwise attempt to discover, within any Service or Software,
the source code, data representations or underlying algorithms, processes,
methods, and any other portion of such Service or Software; or (C) use the
Services or Software, or any content, data, output, or other information
received or derived from the Services or Software, to directly or indirectly
create, train, test, or otherwise improve any machine learning algorithms or
artificial intelligence system, including but not limited to any architectures,
models, or weights. If the laws of your jurisdiction give you the right to
decompile the Services or Software to obtain information necessary to render the
licensed portions of the Services or Software interoperable with other software,
you must first request such information from us. We may, in our discretion,
either provide such information to you or impose reasonable conditions,
including a reasonable fee, on your decompilation of the Services or Software to
ensure that our and our licensors’ and suppliers’ proprietary rights in the
Services and Software are protected.
18. MISCELLANEOUS
18.1 ENGLISH VERSION
The English version of the Terms will be the version used when interpreting or
construing the Terms.
18.2 NOTICE TO ADOBE
You may send notices to us at the following address: Adobe Inc., 345 Park
Avenue, San Jose, California, 95110-2704, USA, Attention: General Counsel.
18.3 NOTICE TO YOU
We may notify you by your email or postal mail associated with your account,
postings within the Services, or other legally accepted means. It is your
responsibility to keep your account information current to receive
notifications.
18.4 NON-ASSIGNMENT
You may not assign or otherwise transfer the Terms or your rights and
obligations under the Terms, in whole or in part, without our written consent,
and any such attempt will be void. We may assign or transfer our rights under
the Terms to a third party without your consent.
18.5 GOVERNMENT TERMS
If you are a U.S. government entity, or if the Terms are or become subject to
the Federal Acquisition Regulations (FAR), then the Services and Software,
provided under the Terms are “Commercial Product(s) or Commercial Service(s)”,
as those terms are defined at 48 C.F.R. §2.101, consisting of “Commercial
Computer Software” and “Commercial Computer Software Documentation,” and
services related thereto, as such terms are used in 48 C.F.R. §12.212 or 48
C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software
and Commercial Computer Software Documentation are licensed to U.S. Federal
Government End Users (A) only as Commercial Products and Services; and (B) with
only those rights as are granted to all other end users pursuant to the Terms.
Unpublished rights are reserved under the laws of the United States.
18.6 HEADINGS
Headings used in the Terms are provided for convenience only and will not be
used to construe meaning or intent.
18.7 SEVERABILITY
If any provision of the Terms is held invalid or unenforceable for any reason,
the remainder of the Terms will continue in full force and effect and such
provision shall be ineffective only to the extent of such invalidity or
unenforceability.
18.8 NO WAIVER
Our failure to enforce or exercise any provision of the Terms is not a waiver of
that provision.
18.9 FORCE MAJEURE
Neither party will be liable to the other for any delay or failure to perform
any obligation (other than your payment obligations to Adobe) under the Terms if
the delay or failure is due to unforeseen events, which occur after the
effectiveness of the Terms and which are beyond the reasonable control of the
parties, such as strikes, blockade, war, terrorism, riots, natural disasters,
refusal of license by the government or other governmental agencies, in so far
as such an event prevents or delays the affected party from fulfilling its
obligations and such party is not able to prevent or remove the force majeure at
reasonable cost.
19. DMCA
We respect the Intellectual Property Rights of others, and we expect our users
to do the same. We will respond to clear notices of copyright infringement
consistent with the Digital Millennium Copyright Act (“DMCA”). You can learn
more about Adobe’s IP Takedown policies and
practices here: https://www.adobe.com/legal/dmca.html.
Adobe Inc.: 345 Park Avenue, San Jose, California 95110-2704, USA.
Adobe Systems Software Ireland Limited: 4-6 Riverwalk, City West Business
Campus, Saggart,
Dublin 24, Republic of Ireland
Adobe_General_Terms_of_Use-en_US_20240217
General Terms of Use Hyperlinked Document List (listed in order of mention
above):
1. Subscription and Cancellation
Terms: https://www.adobe.com/legal/subscription-terms.html
2. K-12 (Primary and Secondary) and Higher Education Additional Terms for
Student
Data: https://www.adobe.com/content/dam/cc/en/legal/servicetou/Adobe-EDU-Terms-en_US-20210701.pdf
3. Personal content stored in Creative Cloud and Document Cloud for teams or
enterprise cloud storage
HelpX: https://helpx.adobe.com/enterprise/kb/business-storage.html
4. Privacy Policy: https://www.adobe.com/privacy/policy.html
5. Adobe Privacy Choices: https://www.adobe.com/privacy/opt-out.html
6. Content Analysis
FAQ: https://helpx.adobe.com/manage-account/using/machine-learning-faq.html
7. Individuals from countries in the EEA and UK Data Processing Agreement for
Adobe Cloud Services: https://dpa.adobe.com/dpaTermsOfUse?type=55
8. Individuals outside of EEA and UK Data Protection Terms for Cloud
Services: https://www.adobe.com/content/dam/cc/en/legal/terms/enterprise/pdfs/DPT-WW.pdf
9. Adobe software support
guidelines: https://helpx.adobe.com/support/programs/support-periods.html
10. Transparency Center: https://www.adobe.com/trust/transparency.html
11. Upload your fonts to Creative
Cloud: https://helpx.adobe.com/creative-cloud/help/upload-your-fonts-to-creative-cloud.html#licensing
12. Primary and Secondary Institution Eligibility
Guidelines: https://helpx.adobe.com/enterprise/using/primary-and-secondary-institution-eligibility-guidelines.html
13. Third Party Software Notices and/or Additional Terms and
Conditions: https://www.adobe.com/products/eula/third_party.html
14. Image Use Rights: https://www.adobe.com/legal/permissions/image-notice.html
15. Adobe Customer
Care: https://helpx.adobe.com/contact.html?step=CCSN_membership-account-payment_cancel-your-membership
16. Intellectual Property Removal Policy: https://www.adobe.com/legal/dmca.html
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