Last Updated on February 08, 2011.
Changes are not marked in red. Please read entire document.
Please also note that these revised Terms will apply to all of Your Content as of the Effective Date.
If you do not agree with these revised Terms, please remove Your Content from the Service by the Effective Date.
ADOBE PHOTOSHOP.COM AND PHOTOSHOP CONNECTED SERVICES
ADDITIONAL TERMS OF USE
Effective February 08, 2011
1. Acceptance of Adobe.com Terms of Use.
Welcome to Adobe Photoshop.com and Photoshop Connected 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/copyright 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/pscom_terms 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, 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, edit and share that content with family and friends and/or with the general public. You also have the ability to create and share albums, slide shows and online galleries containing your content. 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 family and friends and/or 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, Photoshop.com URL (as defined below in Section 6), and your country of residence, as a part of the registration process for the Service.
4. Adobe Photoshop Express Mobile.
At your sole discretion you may also choose to download and use Adobe Photoshop Express mobile applications provided by Adobe through the Service or by Adobe through other third parties. Subject to the limitations below, Adobe Photoshop Express mobile applications enable you to upload and share your photos directly into your Photoshop.com account from your mobile phone. A third party provider, including but not limited to, a short messaging service (“SMS”) provider (if applicable) may deliver the Adobe Photoshop Express mobile application link to your mobile phone. Adobe shall not be responsible for any third party fees incurred as a result of using the SMS or any other third party provider. Your use of Adobe Photoshop Express mobile applications shall be subject to the General Terms and the Additional Terms set forth herein. You are responsible for obtaining and maintaining any equipment or ancillary services needed to access Adobe Photoshop Express mobile applications and you are responsible for all applicable taxes and fees incurred while accessing such applications. A current list of Adobe Photoshop Express mobile application supported devices can be found at http://mobile.photoshop.com.
5. 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 5 (Collection of Personal Information) govern Adobe’s collection and use of your information. This Section 5 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, a Photoshop.com URL (as defined below in Section 6), 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 publicly available content as an anonymous user.
(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, hobbies, 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 Photoshop Express mobile applications, you may be asked to consent to enable such application 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 Photoshop Express mobile application in use, the instances when the application is launched and quit, number of assets uploaded to third party services, the types of editing 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 selecting the settings panel in the Photoshop Express application and changing your “Upload usage data” selection. 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, the number of albums you have stored, the number of photos and videos you have stored, which albums are publicly shared, your shared album preferences, which editing features you use or do not use, the metadata and meta-tags associated with your photos, 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 5(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 Albums 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”). For example, we might want to let you know that “we noticed you are using the red-eye tool but not the crop tool and did you know that you can easily crop your photos by using this tool.” 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).
Additionally, if you provided Optional Personal Data, we might take personalization to another level. For instance, if you tell us that you celebrate certain holidays, we might use that information to provide you with templates for greeting card creations that are appropriate for those holidays. If you have an interest in scrapbooking, we might use that information to send you tips, tricks and other content relevant to your hobby. Please note that if you do not provide us with this information, we will not be able to provide such benefits to you. However, even if you do not provide such Optional Personal Data, Adobe will continue to provide general content to you.
(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 “My Account” tab. 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 “My Account” tab.
6. Photoshop.com URL.
As part of registering for the Service and creating an account, Adobe will require you to provide a valid email address and to create a Photoshop.com URL, such as your_name_here.photoshop.com. Such Photoshop.com URL may be used solely with the Service, only for so long as you maintain a valid membership and shall not be used for any other purpose. Adobe may revoke your right to use that URL for any reason deemed appropriate by Adobe in its sole discretion by giving you at least thirty days prior notice of such revocation, except in the event that your URL, or content therein, is determined by Adobe in its sole discretion to contain infringing or illegal content or content that otherwise violates these Additional Terms or the General Terms. In such event, Adobe reserves the right to revoke your right to use your Photoshop.com URL immediately without notice. Additionally, Adobe owns and retains all right, title and interest in and to the use of “Adobe,” “Photoshop,” “Photoshop Express” and other Adobe property in association with a user’s Photoshop.com URL.
7. 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 in several ways that include, but are not limited to:
(a) by using the “My Gallery” section of the Service to share Your Content publicly, if you choose to do so;
(b) by using the “email” function to send an email, containing a URL link to Your Content, to recipients of your choosing;
(c) by using the “Link” function and/ or the “Embed” function to give others the ability to easily link to Your Content from any document or web page and/or to embed Your Content in a document or web page; and/or
(d) by using the “Group Album” feature which enables you and other invited users to share content to a shared album.
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 you will be granting Other Users certain rights in and to Your Shared Content as further described below in Sections 9 (b) and 10. Please know that when you share Your Content, you may also make your first and last name, email address and/or your Photoshop.com URL publicly available.
8. 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 editing or viewing, 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.
9. Use of Your Content.
This section hereby replaces Section 8(a) (“Use of Your Content”) of the General Terms.
(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 of Section 10 below. Operating the Service includes featuring and promoting those portions of Your Shared Content that you make publicly available solely within the Service. For example, Adobe is permitted to feature the “most viewed,” “most popular” or “highest rated” Albums or Galleries solely within the Service. 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. (Detailed instructions on how to do these things can be found at http://www.adobe.com/go/pscom_support.) 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
You hereby grant Other Users a worldwide (because the internet is global), royalty-free (meaning that Other Users do not owe you any money), nonexclusive (meaning you are free to license Your Content to others) license to view, download, print, distribute, publicly perform and publicly display Your Shared Content subject to the limitations in Section 10. If you invite Other Users to join a Group Album that you created, or if you decide to participate in a Group Album to which you have been invited, then in addition to the rights granted above, you also grant Other Users of such Group Album the rights to: add to, modify and adapt the contents of the shared album including the content you place in the album. Additionally, you grant the creator of such Group Album the right to remove photos you post from the Group Album. If you do not wish to grant these rights in Your Shared Content then do not share Your Content with Other Users. While you have the ability to remove Your Content from the service and/or the public areas within the Service and thus prevent future licenses from being granted, you acknowledge and agree that once Your Shared Content has been shared, Adobe can neither monitor nor control what Other Users do with it. Detailed instructions on how to remove Your Content from the Service and/or the public areas within the Service can be found at http://www.adobe.com/go/pscom_support.
10. Use of Shared Content and Adobe Materials.
With respect to User Content and Adobe Materials, and unless otherwise specifically agreed in any terms that might accompany such Adobe Materials, 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 and content shared by Other Users with you via the Service or that Other Users make publicly available via the Service (“Shared Content”), subject to the following conditions unless otherwise specified herein. In addition to the preceding rights, with respect to content shared by Other Users with you via a Group Album, Adobe also grants you the right to modify and adapt such Shared Content and to add to such Group Album.
(a) Your rights granted by this Section are limited to your personal, informational, non-commercial and, in the case of a business, internal purposes only;
(b) You may not sell, rent, lease or license the Shared Content or Adobe Materials to others;
(c) Except with respect to Group Album content, 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; and
(e) When you embed Shared Content on a web page, you agree that you will include a prominent link back to the Service from that page.
11. Commenting.
When you upload content to the Service, the Service automatically enables Other Users to comment on Your Shared Content by default unless you disable the commenting feature. (Detailed instructions on how to disable the commenting feature can be found at http://www.adobe.com/go/pscom_disable_commenting.) 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 and Photoshop.com URL. You also grant Adobe and Other Users the rights provided in Section 9 and 10(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.
12. Friending.
We offer contact import tools to help you upload your friends’ email addresses to Photoshop.com so that you find and connect with your friends on Photoshop.com and invite contacts who do not have Photoshop.com accounts to join. If you give us your password to retrieve those contacts, Adobe will not store your password after you have uploaded your contacts’ information. In addition, Adobe will not store your friends’ email addresses you have uploaded once you have found and connected with your friends. When inviting someone to be a friend through the service, your name, photoshop.com URL and profile picture will be visible to those users. When you accept a friend request, your name, Photoshop.com URL and profile picture will also be made available to those users that have sent you such a request. To remove a friend, go to Photoshop.com/friends and click remove.
13. 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.
14. 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 described on the Photoshop.com page at www.photoshop.com. 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.
15. Payment.
(a) Service Fees
Use of the Service may be subject to your payment of fees (the “Service Fees”), which may vary according to the membership level to which you have subscribed and/or the period of time for which you have elected to pay for and/or use a service (the “Service Term”). Adobe will collect the relevant Service Fee for most services in advance of each Service Term. Certain Services may require you to pay the Service Fee at various other points in time. You are responsible for paying all taxes levied in connection with your use of the Services. For additional information on payment and taxes, please visit the Adobe Store at http://store.adobe.com/store/general/customerservice.jhtml or any successor Web page thereto. Your credit card company or bank may impose on you other fees, such as foreign exchange fees, in connection with your payment of the Service Fees, and Adobe has no connection to or responsibility for such fees.
(b) Credit Cards
As a condition to your right to use the Services that require the purchase of a subscription, you must provide Adobe with a valid credit card number belonging to you from a card issuer that Adobe accepts with available credit sufficient to pay the applicable Service Fees. Adobe may seek authorization of your credit card account prior to your first purchase to validate that you can charge the applicable fees to access the Service. In the event that you cancel this credit card or it is otherwise terminated, you must provide Adobe with a new valid credit card. Adobe may elect not to renew your subscription until a current valid credit card with sufficient credit is provided.
(c) Automatic Renewal of Subscriptions
When you purchase a subscription for the Service, your subscription will be set to automatically renew upon its expiration. You have the option at any time to change your renewal settings by going to Photoshop.com account settings. Unless you do so prior to its expiration, your account will automatically renew per the terms of your subscription. At the time of renewal, we will charge your credit card the then-current fees to renew the subscription for the Service.
(d) Collection of Service Fee
You agree that in the event Adobe is unable to collect the Service Fees owed by you to Adobe for the Services, Adobe may take the steps it deems necessary to collect such Service Fees from you and that you will be responsible for all costs and expenses incurred by Adobe in connection with such collection activity.
(e) Cancellations and Refunds
All fees and charges paid by you in relation to a subscription for the Service are nonrefundable, except as otherwise stated herein.
(f) Changes in Price
Adobe may at any time, upon notice required by applicable law, change the price of subscriptions for the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must either cancel the applicable paid services or cancel your account and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
16. Termination.
(a) Termination by You
You may stop using the Service at any time. To terminate your Service account contact Photoshop.com Support at 800-833-6687. Any fees paid by you prior to your termination are nonrefundable, including any fees paid in advance for the term during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
(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, Adobe may also at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service upon your failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by Adobe in its sole discretion, without any refund to you of any prepaid fees or amounts, and Adobe will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service. In the event of termination by Adobe for reasons other than breach of the Additional Terms or upon your failure to pay any fees owed by you, Adobe will provide you with a pro rata refund for the unused portion of the Service.
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, or having a current paid subscription to the Service, in the case of paid memberships. Sign in or paid subscriptions through third-party offerings, such as Facebook or Picasa, 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 16 (c)(ii).
(c) Effect of Termination
(i) Upon the termination of your use of the Service by you, by Adobe due to a breach by you of these Additional Terms or the General Terms, or by Adobe due to your failure to pay fees owed by you, 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 16 (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.
(iii) Upon termination for any reason, Adobe may permit another user to use the Photoshop.com URL previously selected by you.
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