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ADOBE GENERAL TERMS OF USE
Published March 16, 2020. Effective as of April 16, 2020. These Terms replace
and supersede all prior versions.
THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 14
(DISPUTE RESOLUTION) BELOW GOVERN THE RESOLUTION OF DISPUTES. PLEASE READ THEM
CAREFULLY. IF YOU DO NOT AGREE WITH THE MANDATORY ARBITRATION PROVISION AND
CLASS ACTION WAIVER IN THE TERMS, PLEASE DO NOT USE THE SERVICES OR SOFTWARE.
These General Terms of Use (“General Terms”), along with any applicable
Additional Terms (see section 1.2 (Additional Terms) below) (collectively, the
“Terms”) govern your use of and access to our website, customer support,
discussion forums or other interactive areas or services, and services such as
Creative Cloud (collectively, the “Services”) and software that we include as
part of the Services, as well as any applications, including mobile
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, 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
these 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 or
Software, then the terms of that agreement control where it conflicts with 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.
1. Your Agreement with Adobe.
1.1 Choice of Law and Contracting Entity. If you reside in North America
(inclusive of 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 the law 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 the law of Ireland. 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.
1.2 Additional Terms. Our Services and Software are licensed, not sold, to you,
and may also be subject to one or more of the additional terms below
(“Additional Terms”). If there is any conflict between the terms in the General
Terms and the Additional Terms, then the Additional Terms govern in relation to
that Service or Software. The Additional Terms are subject to change as
described in section 1.6 (Updates to Terms) below.
Adobe Developer
Adobe Substance 3D Assets
Demo Assets
Medium
Adobe Fonts
Adobe Substance 3D Community Assets
Document Cloud
Mixamo
Adobe Sign
Behance
Fuse
Software
Adobe Spark
Business Catalyst
InDesign Server
Adobe Stock
Business Customers
K-12 and Higher Education
Adobe Stock Contributor
Creative Cloud Express
Lightroom
1.3 Business Users. If you received an “Entitlement” (which is defined as the
right to use, access, and consume the Software and Services) 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 these Terms will mean such Business. 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 these 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. 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. 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 purchased 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 these General Terms will mean you as an individual.
If you received 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, 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 these 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 an individual or a Business User, also acknowledge that Adobe may
provide your personal information to such Business, such as your name or email
address. 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 how you may change the email address
associated with your account may be found here.
1.5 Ownership. You (as a Business or an individual, as applicable) retain all
rights and ownership of your Content. We do not claim any ownership rights to
your Content.
1.6 Updates to Terms. We may make changes to the Terms from time to time, and if
we do, we will notify you by revising the date at the top of the Terms and, in
some cases, we may provide you with additional notice. You should look at the
Terms regularly. Unless otherwise noted, the amended Terms will be effective
immediately, and your continued use of our Services and Software will confirm
your acceptance of the changes. If you do not agree to the amended Terms, you
must stop using our Services and Software.
2. Privacy.
2.1 Privacy. For information about how we collect, use, share, or otherwise
process information about you and your use of our apps and websites, please see
our Privacy Policy. You have the option to manage information preferences here.
2.2 Our Access to Your Content. Where permitted by law, we will only access,
view, or listen to your Content (defined in section 4.1 (Content) below) in
limited ways. For example, in order to perform the Services, we may need to
access, view, or listen to your Content to (A) respond to Feedback or support
requests; (B) detect, prevent, or otherwise address fraud, security, legal, or
technical issues; and (C) enforce the Terms. Our automated systems may analyze
your Content using techniques such as machine learning in order to improve our
Services and Software and the user experience. Learn more about the machine
learning we do.
2.3 Data Processing Agreement. Where customer information includes personal
information and where you are considered a “Data Controller” and Adobe is a
“Data Processor” as defined under the General Data Protection Regulation EU
Regulation 2016/679 (“GDPR”), the terms of the Adobe Data Processing Agreement
(“DPA”) (available here), including the European Commission approved Standard
Contractual Clauses, as applicable, shall apply to the processing of such
personal information and are incorporated by reference into the Terms.
2.4 Sensitive Personal Information. You agree not to collect, process, or store
any Sensitive Personal Information using the Services or Software. 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, sexual preferences, medical, or health
information protected under any health data protection laws, biometric data (for
purposes of uniquely identifying an individual), personal information of
children protected under any child data protection laws (such as the personal
information defined under the US 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.
2.5 Transfer of Personal Information. We process and store information in the
U.S. and other countries. By using our apps and websites, you agree that you
authorize Adobe to transfer your personal information across national borders
and to other countries where Adobe and its partners operate. For example,
personal information collected from users in China will be exported outside of
China.
3. Use of Services and Software.
3.1 License. Subject to your compliance with the Terms and applicable law, you
may access and use the Services and Software that we make available, and that
you license from us. Your license(s) expire at the end of the term set forth in
your order document. The version(s) of the Services and Software available at
your renewal date may be different from the version(s) available when you first
purchased your license(s) from Adobe. The versions of the Services and Software
that Adobe supports can be found here. You agree that your decision to use or
purchase Software or Services 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. We (and our licensors) 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. We reserve all rights not granted under the Terms.
3.3 Storage. We recommend that you back up your Content and Creative Cloud
Customer Fonts elsewhere regularly if the Services provide storage and this
functionality is enabled by the applicable Services. We may create reasonable
technical limits on file size, storage space, processing capacity, and other
technical limits. 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 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. We may host user-generated content from our users.
If you access our Services, you may come across user-generated content that you
find offensive or upsetting. Your sole remedy is to stop viewing the content. If
available, you may also click on the “Report” button to report offensive
user-generated content to us.
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. “Content Files” means Adobe assets provided as part of the
Services and Software. Unless documentation or specific licenses (including but
not limited to Additional Terms) state otherwise, we grant you a personal,
non-exclusive, non-sublicensable, 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, offers, and trials. Adobe may offer free memberships,
offers, and trial memberships in its sole discretion. If access to the Services
or Software is provided to you for free or for trial purposes, such access is
governed by these Terms. At any time prior to or during the free or trial
period, Adobe may, in its sole discretion, terminate the free or trial 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 or
trial access. After the free or trial access period expires, you may only
continue using the Services or Software by enrolling in a paid subscription, if
available, or as otherwise permitted by Adobe. During the free 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 or 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.
(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. 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) In the event we are informed by a third party 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 that
Creative Cloud Customer Fonts. If we remove your Creative Cloud Customer Fonts
from your account, the Services, or the Content that uses the Creative Cloud
Customer Fonts, the display of your Content may change. Learn more about how
your Content may change.
(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 any 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.
(A) Prerelease or Beta Version. We may designate the Services or Software, or a
feature of the Services or Software, as a prerelease or beta version (“Beta
Version”). A Beta Version does not represent the final product 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 regarding your use of the Beta Version to improve our products and
personalize your experience, regardless of whether or not you have opted-out of
data collection for non-Beta Versions. If you do not wish to have your usage
tracked, you must discontinue your use of the Beta Version by uninstalling such
Beta Version or utilizing a non-Beta Version of the Services or 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 or Software to be for use by
educational users (“Educational Version”), then you may only use the Educational
Version if you meet the eligibility requirements stated here. 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 European Economic Area, then the word
“country” in the prior sentence means the European Economic Area.
3.12 Third-Party Services and Software. The Services and Software may include
third-party services and software, and you are responsible for complying with
any and all third-party terms that apply. Some third-party terms that may be
applicable to your use of the Services and Software are available. Access to
third-party services and software is provided for convenience only, and Adobe
has no responsibility for such third-party services and software.
4. Your Content.
4.1 Content. “Content” means any text, information, or material, such as audio
files, video files, electronic documents, or images, that you upload and import
into, or create with the Services or Software in connection with or through your
use of the Services. You must not upload any Content that is prohibited by any
applicable law. We reserve the right to remove Content or restrict access to
Content, Services, and Software if any of your Content is found to be in
violation of these Terms. We do not review all Content uploaded to the Services
or Software, but we may use available technologies, vendors, or processes to
screen for certain types of illegal content (for example, child pornography) or
other abusive content or behavior (for example, patterns of activity that
indicate spam or phishing, or keywords that indicate adult content has been
posted outside of the adult wall).
4.2 Licenses to Your Content in Order to Operate the Services and Software.
Solely for the purposes of operating or improving the Services and Software,
when you upload Content to the Services or Software, you grant us a
nonexclusive, worldwide, royalty-free, sublicensable, and transferrable license
to use, reproduce, publicly display, distribute, modify (so as to better
showcase your Content, for example), publicly perform, and translate the
Content.
4.3 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. Your comments may be deleted by
you, by other users, or by us.
4.4 Termination of License. You may revoke this license to your Content and
terminate our rights at any time by removing your Content from the Service. Some
copies of your Content may be retained as part of our routine backups, however.
4.5 Feedback. You have no obligation to provide us with ideas, suggestions,
proposals, or bug or crash reports (“Feedback”). If you submit Feedback to us
however, then you grant us a non-exclusive, irrevocable, perpetual, worldwide,
royalty-free, sublicensable, and transferable license to make, use, sell, have
made, offer to sell, import, export, reproduce, publicly display, distribute,
modify, and publicly perform the Feedback.
5. Your Account.
5.1 Account Information. You 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. Please notify Customer Support immediately if you become aware of any
unauthorized use of your account. 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 Free Account Inactivity. You are responsible for keeping your account
active, which means you must sign in periodically to avoid any 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 close it for you. You
understand that you will lose access to any Content stored in your account upon
closure. Prior to closing your account for inactivity, we will attempt to
provide notice to you. For the avoidance of doubt, this section 5.2 (Account
Inactivity) does not apply to paid accounts in good standing.
6. User Conduct.
6.1 Responsible Use. The Adobe communities often consist of users who expect a
certain degree of courtesy and professionalism. You must use the Services and
Software responsibly.
6.2 Misuse. You must not misuse the Services or Software. For example, you must
not:
(A) use the Services or Software without, or in violation of, a written license
or agreement with Adobe;
(B) copy, modify, host, stream, sublicense, or resell the Services or Software;
(C) enable or allow others to use the Services or Software using your account
information;
(D) offer, use, or permit the use of the Services or 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;
(E) use the Software to construct any kind of database or dataset;
(F) access or attempt to access the Services or Software by any means other than
the interface we provide or authorize;
(G) circumvent any access or use restrictions put into place to prevent certain
uses of the Services or Software;
(H) Share Content or 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;
(I) Share any Content that is unlawful, harmful, threatening, obscene, violent,
abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of
another’s privacy, hateful, or otherwise objectionable;
(J) Share any Content that sexualizes minors or that is intended to facilitate
inappropriate interactions with minors, other Adobe users, or the public;
(K) impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
(L) attempt to disable, impair, or destroy the Services or Software;
(M) upload, transmit, store, or make available any Content, 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 or
Software;
(N) disrupt, interfere with, or inhibit any other user from using the Services
or Software (such as stalking, intimidation, harassment, or incitement or
promotion of violence or self-harm);
(O) engage in chain letters, junk mails, pyramid schemes, phishing, spamming,
fraudulent activities, or other unsolicited messages;
(P) place an advertisement of any products or services in the Services except
with our prior written approval;
(Q) use any data mining or similar data gathering and extraction methods in
connection with the Services or Software, including data scraping for machine
learning or other purposes;
(R) artificially manipulate or disrupt the Services or Software (such as
manipulating appreciations on Behance or driving users to third-party sites);
(S) create Adobe accounts for the purpose of violating these terms or for
circumventing account termination or other types of actions taken by Adobe;
(T) manipulate or otherwise display the Services or Software by using framing or
similar navigational technology; or
(U) violate applicable law.
7. Fees and Payment.
7.1 Taxes and Third-Party Fees. 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, 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 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 to continue billing your account with
the updated information that we obtain.
8. Your Warranty and Indemnification Obligations.
8.1 Warranty. By uploading your Content to the Services or Software, you agree
that you 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, demand,
loss, or damage, including reasonable attorneys’ fees, arising out of or related
to your Content, Creative Cloud Customer Fonts, your use of the Services or
Software (as applicable), or your violation of the Terms. We have the right to
control the defense of any claim, action, or matter subject to indemnification
by you with counsel of our own choosing. You will fully cooperate with us in the
defense of any such claim, action, or matter.
9. Disclaimers of Warranties.
9.1 Unless stated in the Additional Terms, the Services and Software are
provided “AS-IS.” To the maximum extent permitted by law, we disclaim all
warranties, express or implied, including the implied warranties of
non-infringement, merchantability, and fitness for a particular purpose. We make
no commitments about the content within the Services. We further disclaim any
warranty that (A) the Services or 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 or Software will be effective,
accurate, or reliable; (C) the quality of the Services or Software will meet
your expectations; or (D) any errors or defects in the Services or Software will
be corrected.
9.2 We specifically disclaim all liability for any actions resulting from your
use of any Services or Software. You may use and access the Services or 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 or Software.
9.3 If you post your Content on our servers to publicly Share through the
Services, we 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 Additional Terms, we are not 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 or 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.
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) we knew or should have known about the possibility of damages.
10.4 These Terms set forth the entire liability of Adobe and its affiliates as
well as your exclusive remedy with respect to access and use of the Services and
Software.
11. Termination.
11.1 Termination by You. You may stop using the Services and Software at any
time. Termination of your account does not relieve you of any obligation to pay
any outstanding fees.
11.2 Termination by Us. If we terminate the Terms, or your use of the Service(s)
or Software for reasons other than for cause, we will make reasonable efforts to
notify you at least 30 days prior to termination via the email address you
provide to us with instructions on how to retrieve your Content. Please note you
may lose access to your Content upon termination, as described in Section 4.4
(Termination of License). Unless stated in any Additional Terms, we may, at any
time, terminate or suspend your right to use and access the Services or Software
if:
(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 or 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 or 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) we are required to do so by law (for example, where the provision of the
Services or Software to you is, or becomes, unlawful);
(F) we elect to discontinue the Services or Software, in whole or in part (such
as if it becomes impractical for us to continue offering Services in your region
due to change of law); or
(G) there has been an extended period of inactivity in your free account.
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 dispute resolution provisions stated in the Terms will survive.
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 (A) govern the import, export, and
use of the Services and Software; and (B) may prohibit us from providing the
Services and Software to you without notice. 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.
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, us 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.
14.1 Process. If you have any concern or dispute, you agree to first try to
resolve the dispute informally by contacting us. If a dispute is not resolved
within 30 days of receipt by us, any resulting legal actions must be resolved
through final and binding arbitration, including any question of whether
arbitration is required, except that you may assert claims in small claims court
if your claims qualify. 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 Rules. If you reside in the Americas, JAMS will administer the arbitration
in Santa Clara County, California pursuant to its Comprehensive Arbitration
Rules and Procedures. If you reside in Australia, New Zealand, Japan, mainland
China, Hong Kong SAR of China, Macau SAR of China, Taiwan region, 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 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’ 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.
14.3 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.
14.4 Injunctive Relief. Notwithstanding the foregoing, in the event of your or
others’ unauthorized access to or use of the Services or Software in violation
of the Terms, you agree that we are entitled to apply for injunctive remedies
(or an equivalent type of urgent legal relief) in any jurisdiction.
15. Audit Rights. If you are a Business, then we may, no more than once every 12
months, upon 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 any and all
Services or Software is in conformity with its valid licenses from us.
Additionally, you will provide us with all records and information requested by
us within 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 licenses for the Services
or Software, you will immediately acquire any necessary licenses, subscriptions,
and applicable back maintenance and support. If the underpaid fees exceed 5% of
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cost of conducting the verification.
16. Updates to Services and Software and Availability.
16.1 Updates to the Services and Software. We may modify, update, or discontinue
the Services or Software (including any portions or features) at any time,
without liability to you or anyone else. However, for changes to paid offerings,
we will make reasonable efforts to notify you of the 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. Webpages describing the Services are accessible worldwide,
but this does not mean all Services or service features are available in your
country or that user-generated content available via the Services is legal or
available in your country. Access to certain Services (or certain Service
features, Sample Files, or Content Files) in certain countries may be blocked by
us or foreign governments. It is your responsibility to make sure your use of
the Services is legal or available where you use them. Services are not
available in all languages.
17. No Modifications, Reverse Engineering. Except as expressly permitted in the
Terms, you may not (A) modify, port, adapt, or translate any portion of the
Services or Software; or (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. 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 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 email, postal mail, 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 transfer our rights under the
Terms to a third party.
18.5 Government Terms. If you are a U.S. government entity, or if the Terms
become subject to the Federal Acquisition Regulations (FAR), then, the Services
and Software, provided under the Terms are “Commercial Item(s),” as that term is
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 being licensed to U.S. Federal Government End Users (A) only
as Commercial Items; and (B) with only those rights as are granted to all other
end users pursuant to the terms and conditions of the Terms. Unpublished rights
are reserved under the laws of the United States- Adobe Inc., 345 Park Avenue,
San Jose, CA 95110-2704, USA.
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.
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.
Adobe Inc.: 345 Park Avenue, San Jose, California 95110-2704
Adobe Systems Software Ireland Limited: 4-6 Riverwalk, City West Business
Campus, Saggart, Dublin 24
Adobe_General_Terms_of_Use-en_US-20200416
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