Adobe Creative Cloud Additional Terms of Use

Adobe Creative Cloud Additional Terms of Use

Effective Date: November 11, 2011

1. Acceptance of Adobe.com Terms of Use.

Welcome to Adobe Creative Cloud Services (the “Service”). Your use of the Service is subject to these Additional Terms, which supplement the Adobe.com Terms of Service (“General Terms”) located at http://www.adobe.com/go/terms and incorporated herein by reference. The Service is controlled, operated and administered by Adobe Systems Incorporated, a United States company, from its offices in the U.S., and by using the Service, you agree to be bound by the laws of the United States and Section 20 of the General Terms regarding the resolution of disputes. Adobe Systems Incorporated (“Adobe”) reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference. You can always find the most recent version of these Additional Terms at http://www.adobe.com/go/cc_tou and the most recent version of the General Terms at the URL indicated above. Capitalized terms used in these Additional Terms shall be defined as set forth in the General Terms or in these Additional Terms. In the event of any inconsistency between these Additional Terms and the General Terms, these Additional Terms shall control with respect to the Service.

2. Description of the Service and Definitions.

With a membership account, and depending on your membership level (if applicable), you have access to certain services, features and tools, including but not limited to, the ability to upload digital content to the Service and to organize, store and share that content with others. The content that you upload to the Service, including but not limited to digital images, digital videos and other supported file types, comments, along with any materials that you create by using the Service, shall be hereinafter referred to as “Your Content”. Any portions of Your Content that you choose to share with Other Users of the Service (collectively “Other Users”) shall be hereinafter referred to as “Your Shared Content”. Content that Other Users share with you shall be hereinafter referred to as “Shared Content”.

3. Membership.

Membership is available to you if you are at least 13 years of age and you submit certain requested information to us, including but not limited to, your name, correct email address, password, and your country of residence, as a part of the registration process for the Service.

4. Collection of Personal Information.

The terms of the Adobe Online Privacy Policy at http://www.adobe.com/go/privacy and the terms of this Section 4 (Collection of Personal Information) govern Adobe’s collection and use of your information. This Section 4 describes the collection of information by this Service that takes place in addition to what is described in the Adobe Online Privacy Policy..

(a) What Adobe Collects

(i) Information You Provide to Adobe – Required

When you register to use the Service, you are required to provide certain information as part of the registration process which may include, but is not limited to, your first and last name, a valid email address, a password, your country of residence, your membership level and your credit card information in the case of paid memberships (“Required Personal Data”). If you do not provide this information, you will not be permitted to create an account and therefore will not be able to interact with the service in any way other than to view Shared Content.

(ii) Information You Provide to Adobe – Optional

Adobe may request that you provide us with additional information that tells us more about you – more about your interests, preferences, demographic, how you learned about the Service and what other Adobe products and services you use (“Optional Personal Data”). In addition, if you choose to download and use mobile applications that integrate with the Service, you may be asked to consent to enable such applications to send anonymous usage data to Adobe (also referred to herein as “Optional Personal Data”). Such data may include, but is not limited to, the version of the mobile application in use, the instances when the application is launched and quit, number of assets uploaded to third party services, the types of features used and the type and version of the mobile device and operating system used. You can change your account settings at any time by going into your tablet application settings window, choosing Preferences, then deselect “Allow usage tracking”. You are under no obligation to provide this information to Adobe; it is completely voluntary.

(iii) Automatic Information Gathering - Required

Once you register for the Service, and whenever you sign in and use the Service thereafter, Adobe automatically collects and retains certain information about your behaviors while using the Service including, but not limited to, the amount of storage space you are using, which content is shared, your sharing preferences, the date and time of each sign-in, etc. (“Specific Server Data”). Collection of this information is integral to the Service, and, as we explain in Section 4(b)(i) below, we cannot provide the functionality of the Service without it. If you do not wish to have this information collected by Adobe and used for the purposes described below, then please do not use the Service.

(b) How Adobe Uses Your Information

(i) Operation of the Service

Adobe uses the Required Personal Data and the Specific Server Data for purposes of operating the Service including for purposes of communicating to you about operational topics. For instance, if your membership is about to expire, we will use the information you provide to communicate that fact to you. In order to honor your requests to share or keep your content private, we rely on Specific Server Data.

(ii) Analysis

Some of the Optional Personal Data and Specific Server Data is used by Adobe for improving our Service and for internal auditing, analysis and reporting purposes.

(iii) Personalization

The Service is a smart and dynamic service, meaning that part of the value Adobe offers through this Service is a customized experience where we present various types of information and content about the Service that we think you will find relevant. As a result, some of the Required Personal Data, Optional Personal Data and Specific Server Data is used by Adobe for purposes that include, but are not limited to, delivering and displaying customized dynamic content and providing messages to you about the Service and your use of the Service (“Customized Content”). This content will be shared with, delivered and displayed to you in a number of ways, including within the Service and through email messages (provided you have opted to receive email communications from Adobe).

(iv) Contextual Advertising

Adobe may also use Required, Personal Data, Optional Personal Data and Specific Server Data to advertise new products and services including those offered by Adobe and by third parties and that we think will be of interest to you in light of your behaviors while using the Service (“Contextual Ads”). These Contextual Ads may be shared with, delivered and displayed to you in a number of ways including within the Service and through email messages (provided you have opted to receive email communications from Adobe). If Adobe adds this feature, you will be able to choose whether or not to have your information used for such purpose by changing your marketing preferences within the Service by accessing the Adobe communications preferences page at http://www.adobe.com/account.html. However, Adobe will continue to provide general advertising from within the service and through email communications (provided you have opted to receive email communications from Adobe).

(v) Email Marketing Communications

We might use the various types of information we collect to communicate with you via email for marketing purposes. If you do not wish to receive marketing based email communications from Adobe, you can opt-out at the time of registration or you can change your marketing preferences any time thereafter by accessing the Adobe communications preferences page at http://www.adobe.com/account.html.

5. Sharing Your Content.

One of the purposes of the Service is to facilitate sharing among users of the Service. The Service enables sharing of Your Content with Other Users by using the “email” function to send an email, containing a URL link to Your Content, to recipients of your choosing.

Once you share Your Content via any one of these or other sharing features, the shared portion of Your Content becomes Your Shared Content and Other Users may have the capability to use Your Shared Content as further described below in Sections 7 (b). Please know that when you share Your Content, you may also make your first and last name and email address publicly available.

6. Information of Other Users.

Information that you provide about other individuals for sharing features within the Service, such as an individual’s name and email address, is used by Adobe to facilitate your ability to communicate with such individuals via the Service and is not used by Adobe for any other purpose. As between Adobe and you, you shall have sole responsibility for any and all personal information of Other Users used and submitted in connection with the Services, and Adobe shall have no responsibility in connection thereto. You shall comply with all data protection and privacy laws and rules applicable to the personal information of Other Users. You shall defend, indemnify, and hold harmless Adobe from any claim, suit or proceeding brought against Adobe by an Other User in connection with any acts or omissions with regards to such personal information of Other Users. E-mail messages related to the Services are generally sent to Other Users by you and not by Adobe. As a result, even though certain Other Users may have opted-out from receiving communications from Adobe, such Other Users may receive certain Service-related e-mail messages sent by you. In addition, if applicable, Adobe may send e-mails to Other Users in your name as your agent, at your request, and on your behalf. You are solely responsible for such e-mail messages and the contents thereof.

If you are invited by a user of the Service to participate in shared digital content viewing, collaboration and/or commenting, and you do not wish to receive email from such user or do not wish to participate, you are required to contact the person who invited you to update, correct or delete the information they provided about you. In general, even though we might delete an account you hold with us in these types of shared editing or viewing areas, we may continue to retain information regarding your past actions with respect to content reviews or sharing initiated by others.

7. Use of Your Content.

This section hereby replaces Section 8(a) (“Use of Your Content”) and Section 5(a) of the General Terms with respect to Shared Group Content.

(a) By Adobe

Adobe does not claim ownership of Your Content. However, we do need certain rights from you, with respect to Your Content, in order to operate the Service and in order to enable you to do all the things this Service affords you the ability to do. Therefore, with respect to Your Content, you grant Adobe a worldwide (because the internet is global), royalty-free (meaning we do not owe you any money), nonexclusive (meaning you are free to license Your Content to others) fully sublicensable (so that we can permit our affiliates, subcontractors and agents to deliver the Service on our behalf) license to use, reproduce and modify Your Content solely for the purposes of operating the Service and enabling your use of the Service. With respect to Your Shared Content, you additionally grant Adobe the rights to distribute, publicly perform and publicly display Your Shared Content (in whole or in part) for the sole purposes of operating the Service and enabling your use of the Service and to sublicense Your Shared Content to Other Users subject to the limitations you may place on such content. These limited licenses do not grant Adobe the right to sell or otherwise license Your Content or Your Shared Content on a stand alone basis. Further, you may terminate Adobe’s right to distribute, publicly perform and publicly display Your Shared Content by making it no longer shared. You may terminate the remainder of Adobe’s rights by removing Your Content from the Service. You may delete Your Content either manually, or contact Customer Care to have your subscription cancelled and content deleted. (For more information, see http://kb2.adobe.com/cps/167/tn_16721.html#main_cancel_subscription.) Upon removal of Your Content from the Service or upon making Your Shared Content no longer shared, Adobe shall have a reasonable time to cease use, distribution and/or display of Your Content. However, you acknowledge and agree that Adobe shall have the right to keep archived copies of Your Content.

(b) By Other Users

If you opt to share Your Content with Other Users of the Service, the Service enables you to designate Your Shared Content as view only. Otherwise, if you opt to share Your Content, Adobe cannot monitor nor control what Other Users do with it. For example, Other Users may have access to the source file and may be able to download, print, distribute, publicly perform and display Your Shared Content. While the Service may offer functionality to limit how Other User’s may use Your Shared Content, such limitations are not guaranteed and it is your sole responsibility to determine what limitations, if any, are placed on Your Shared Content. Further, it is your sole responsibility to determine what limitations are placed on your use of another’s Shared Content, including by looking at the functionality and restrictions placed by Other Users on your use of their Shared Content. In addition, the Service may enable you to select Other Users to participate in a group collaboration. If you invite Other Users to collaborate on Your Shared Content, or if you decide to collaborate with Other Users on Content they have shared with you, the Service cannot prevent Other Users from adding to, modifying and adapting the contents of Your Shared Content including any content you have contributed. Additionally, the creator of such group collaboration may have the ability to remove content you post. If you do not wish Other Users to have the ability to use Your Shared Content in this way, then do not share Your Content with Other Users. While you have the ability to remove Your Content from the service and thus prevent future use, you acknowledge and agree that once Your Shared Content has been shared, Adobe can neither monitor nor control what Other Users do with it. You may delete Your Content either manually, or contact Customer Care to have your subscription cancelled and content deleted. For more information, see http://kb2.adobe.com/cps/167/tn_16721.html#main_cancel_subscription.

8. Use of Adobe Materials.

(a) With respect to Adobe Materials, and unless otherwise specifically agreed in any terms that might accompany such content, Section 5 (a) of the General Terms is hereby replaced with the following:

Adobe grants you a worldwide, royalty-free, nonexclusive license to view, download, print, distribute, publicly perform and publicly display Adobe Materials subject to the following conditions:

(b) You may not sell, rent, lease or license the Adobe Materials to others;

(c) You may not modify or alter the Shared Content or Adobe Materials unless authorized to do so;

(d) You may not remove any text, copyright or other proprietary notices contained in the Shared Content or Adobe Materials.

9. Commenting.

When you upload content to the Service, you have the option to enable Other Users to comment on Your Shared Content. The Service also enables you to comment on Shared Content. In order to participate in commenting features, you may be required to create a membership account and sign in to the Service. Comments are not anonymous and may be viewed by Other Users. When you comment on Shared Content, you make your comment, the date and time such comment was posted and certain personal information about you available to Other Users, including but not limited to your first and last name. You also grant Adobe and Other Users the rights provided in Section 5 and 7(b). The user who has uploaded the Shared Content on which you have commented reserves the right to delete your comments. In addition, you also have the right to delete comments you have posted.

10. Availability.

Adobe uses reasonable efforts to make the Service available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control. We will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control.

11. Storage of Your Content.

Adobe provides online storage for Your Content. The specific amount of online storage provided for Your Content will be based upon your respective membership level. As with all important content, as a recommended best practice, we suggest that you not use the Service as the sole repository for Your Content and that you always preserve the original copies of Your Content.

12. Termination.

(a) Termination by You

You may stop using the Service at any time. To terminate your Service account contact Creative Cloud Support at 800-833-6687.

(b) Termination by Adobe

In addition to the rights that Adobe retains to modify or terminate the Service or to terminate your account in Sections 12 and 13 of the General Terms,

A condition of your Membership Account is your “Active Participation” in the Service. Active Participation is defined as signing into the Service at least once every 12 months, in the case of free memberships. Sign in or paid subscriptions through third-party offerings, such as Facebook, do not count towards Active Participation. If you cease Active Participation for any reason, Adobe may terminate your Membership Account (or any part thereof) pursuant to Section 12 (c)(ii).

(c) Effect of Termination

(i) Upon the termination of your use of the Service by you or by Adobe due to a breach by you of these Additional Terms or the General Terms, Adobe will close your account without notice, you will no longer be able to retrieve Your Content, and Adobe may delete, as applicable, all of Your Content or portions of Your Content.

(ii) Upon termination of your use of the Service for any reason other than under Section 12 (c)(i), or upon termination of the Service altogether, Adobe will provide you with thirty (30) days notice, sent to you at the email address you provide to Adobe as part of your registration, of such termination and will provide instructions on how to retrieve Your Content prior to such termination.

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