| Language: |
Adobe General Terms of Use
Published March 16, 2020. Effective as of April 16, 2020. These Terms replace and
supersede all prior versions.
If you have agreed to the Subscription and Cancellation
Terms (https://www.adobe.com/legal/subscription-terms.html),
then such terms are also considered part of the Terms. If you are using and accessing the Services and Software through Adobe’s Value Incentive Plan (“VIP”)
program, then the Subscription and Cancellation Terms do not apply to you, but the remainder of 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.
http://www.adobe.com/go/primary-secondary-terms.
Your Agreement with Adobe.
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.
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 Stock
Business Customers [url]InDesign Server
Adobe Fonts
Adobe Stock Contributor
Demo Assets
Primary and Secondary Education Named Users
Adobe Sign
Behance
Document Cloud
Software
Adobe Spark
Business Catalyst
Fuse
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: http://www.adobe.com/go/tou-update-helpx.
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: http://www.adobe.com/go/privacy.
You have the option to manage information preferences here: https://www.adobe.com/privacy/opt-out.html.
2.2
Our Access to Your Content.
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.
To learn more about the machine learning we do, go to http://www.adobe.com/go/machine_learning.
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 at http://www.adobe.com/go/tou-dpa), 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: https://www.adobe.com/go/software-support-guidelines . 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: http://www.adobe.com/go/cc-fonts-faq.
(C) You may revoke our access to your Creative Cloud Customer Fonts and terminate our rights at any time by deleting your Creative Cloud Customer Fonts from the Service.
(D) Upon 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 at http://www.adobe.com/go/primary-secondary-institution-eligibility-guidelines. You may install and use the Educational Version only in the country where you are qualified as an educational user. If you reside in the 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 at http://www.adobe.com/go/thirdparty. 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 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 the value of the payable license fees, then you will also pay for our reasonable 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 ifthe 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: http://www.adobe.com/legal/dmca.html.
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
Adobe Privacy Policy
Last updated: December 10, 2020
The Adobe Privacy Policy describes the privacy practices of Adobe’s apps and websites. If you are a resident of North America, your relationship is with Adobe Inc. (Adobe U.S.) and the laws of California and the United States apply.
If you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited (Adobe Ireland), which is the controller with regard to your personal information collected by Adobe, and the laws of Ireland apply.
Please note that in order to use our apps and websites, you authorize Adobe to transfer your personal information across national borders and to other countries where Adobe and its partners operate, including the United States.
The privacy protections and rights of authorities to access your information in these countries may not be equivalent to those in your country. We will only transfer your personal information to these countries where permitted to do so by law and we will take steps intended to ensure that your personal information continues to receive appropriate protections. For more information, please see the section “Does Adobe transfer my personal information across national borders?”
If the content or information that you store on Adobe apps or websites contains personal information of other individuals, you must be legally permitted to share the personal information with Adobe.
Summary
of Key Points
What does this privacy policy cover?
What information does Adobe collect about me?
How does Adobe use the information it collects about me, and what are the legal bases for these uses?
Does Adobe share my personal information?
Is my personal information displayed anywhere within Adobe's apps or websites?
Is my personal information secure?
Where does Adobe store my personal information?
Does Adobe transfer my personal information across national borders?
What rights do I have in respect of my personal information and how can I exercise these?
What rights do I have if I am a California consumer?
Withdrawing consent or otherwise objecting to direct marketing
What information is collected by companies using Adobe Experience Cloud solutions?
How long does Adobe retain my information?
Will this privacy policy change?
Who can I contact with questions or concerns?
What does this privacy policy cover?
This privacy policy describes how Adobe (also referred to as "we","us" or "our") will make use of your information in the context of:
Please note that websites and apps provided by some companies acquired by Adobe may operate under their own privacy policies until their privacy practices are integrated with Adobe's privacy practices. For a current list of these companies, click here.
Additional privacy-related information is provided for certain Adobe apps and websites.
Adobe® Digital Editions
Adobe Sign
Adobe Stock
Adobe Fonts
Flash® Player
Behance™
Please also see the Adobe Terms of Use and any additional Terms of Use or Product License Agreements that may apply to the app or website you are using.
What information does Adobe collect about me?
Adobe ID, registration, and customer support
When you register to use an Adobe app or website, create an Adobe ID, or contact us for support or other offerings, Adobe collects information that identifies you. This includes:
To help keep our databases current and to provide you the most relevant content and experiences, we may combine information provided by you with information from third party sources, in accordance with applicable law. For example, the size, industry, and other information about the company you work for (where you have provided company name) will be obtained from sources including, professional networking sites and information service providers. We may also collect and receive information from third parties, including partners, and from publicly accessible sources, for purposes that include to detect, prevent, or otherwise address fraud, security or technical issues, as well as to protect against harm to the rights, property or safety of Adobe and our employees, our users, children, or the public.
Adobe apps and websites
We collect information about how you use our apps and websites, including when you use a desktop app feature that takes you online (such as a photo syncing feature). Depending on the app or website, this information may be associated with your device or browser or it may be associated with your Adobe account. It includes:
The
following links provide further information on:
Adobe app activation and automatic updates
When you activate your Adobe app or when you install updates to the app, we collect information about:
You can learn more about app activation here.
Adobe emails
Emails we send you may include a technology (called a web beacon) that tells Adobe whether you have received or opened the email, or clicked a link in the email. If you do not want us to collect this information, you can opt out of receiving Adobe marketing emails.
Adobe online advertising
Adobe advertises online in a variety of ways, including displaying Adobe ads to you on other companies' websites and apps and on social media platforms, such as Facebook and LinkedIn. Adobe websites use cookies and similar technologies provided by our own company (Adobe Experience Cloud) and other companies that allow us to gather additional information to measure and improve the effectiveness of our advertising. We collect information such as:
Learn more aboutAdobe’s advertising practices.
Buttons, tools, and content from other companies
Adobe apps and websites may include buttons, tools, or content that link to other companies’ services (for example, a Facebook "Like" button). We may collect information about your use of these features, such as content “liked” and address information in Google Maps. In addition, when you see or interact with these buttons, tools, or content, or view an Adobe web page or app containing them, some information from your browser may automatically be sent to the other company. Please read that company’s privacy policy for more information.
Adobe websites may implement Google reCAPTCHA Enterprise to help prevent spam and abuse. reCAPTCHA Enterprise collects hardware and software information, such as device and application data, and sends it to Google for purposes of providing, maintaining, and improving reCAPTCHA Enterprise and for general security purposes. This information is not used by Google for personalized advertising. Your use of reCAPTCHA Enterprise is subject to Google’s Privacy Policy and Terms of Use.
Adobe social networking pages and social sign-on services
You can sign in to some Adobe apps or websites using a social networking account, such as a Facebook account. Where you give appropriate permissions, we will receive information about you from your social networking account, such as name, location, and basic demographic information.
Adobe has its own pages on many social networking sites (for example, the Adobe® Photoshop® team’s Facebook page). We will collect information which you have made publicly available on your social networking account, such as name and interests in our products and services, when you interact with our social networking pages. The social networking sites may provide statistics and insights to Adobe which help us understand the types of actions that people take on our pages. Where applicable, Adobe and the social media site(s) have entered into an arrangement which determines our respective responsibilities.
You can learn more about Adobe’s practices with respect to social networking pages and account sign-on services here.
Adobe acting on your behalf
In certain instances, Adobe is acting only on your behalf for personal information collected and processed by our services (for example, for the address book contacts shared by users when entering recipient information). In such cases, Adobe is acting only on your instructions in order to facilitate the service requested by you, and you will be responsible for the information shared. In these instances, we will inform you through in-app notifications or other in-time communications.
How does Adobe use the information it collects about me, and what are the legal bases for these uses?
Adobe uses the information we collect about you for the following purposes:
Where we process your information based on legitimate interests, you can object to this processing in certain circumstances. In such cases, we will cease processing information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.
On other occasions where we ask you for consent, we will use the information for the purposes which we explain at that time. Where we rely on consent to process information, you can withdraw your consent to such activities at any time.
Where this processing and these disclosures are not strictly required by law, Adobe may rely on its legitimate interests and those of third parties described above.
Currently in the United States and Canada only, Adobe also uses your information for our participation in the Adobe Experience Cloud Device Co-op, which allows us to better understand how you use Adobe apps and websites across your various devices, and to deliver ads tailored to your likely interests (learn more or opt out).
Does Adobe share my personal information?
Sharing with other Data Controllers
We will share your personal information within the Adobe family of companies for the purposes identified above (see a list of Adobe entities and our acquired companies).
We will also share your personal information with other third-party data controllers. The types of third parties your information may be shared with include: our resellers and other sales and advertising partners, retailers, research organizations, advertisers, ad agencies, advertising networks and platforms, information service providers, fraud monitoring and prevention providers, publishers, and non-profit organizations (with your consent, if required). Third-party data controllers may also use Adobe products and services to collect and process your personal information. If you are using an email address that is associated with a business domain (e.g., yourname@businessname.com) to access Adobe's apps and websites, or if you were invited to use the apps and websites by a business, we may provide your personal information to that business.
Sharing for Fraud Prevention, Safety and Security Purposes
We will share personal information with companies, organizations or individuals outside of Adobe if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to detect, prevent, or otherwise address fraud, security or technical issues, as well as to protect against harm to the rights, property or safety of Adobe and our employees, our users, children, or the public as required or permitted by law.
Sharing with Data Processors
We will also share your personal information with companies that help us run our business by processing personal information on behalf of Adobe for the purposes identified above. Such companies include providers of customer support services, payment processing services, fraud monitoring and prevention, email, social media, and other marketing platforms and service providers, and hosting services. We require these companies to protect your personal information consistent with this Privacy Policy.
Other Information Sharing
Adobe may also share your personal information:
We may share or publish aggregate information that doesn’t specifically identify you, such as statistical information about visitors to our websites or statistical information about how customers use the Adobe Experience Cloud.
Is my personal information displayed anywhere on Adobe’s websites or applications?
There are several places within Adobe’s websites and apps that allow you to post comments, upload pictures, or submit content for others to see. Sometimes you can limit who can see what you share, but there are some places where what you share can be seen by the general public or other users of the app or website. Please be careful when you share your personal information. Do not share anything you wouldn’t want publicly known unless you are sure you are posting it within an app or website that allows you to control who sees what you post. Please note that when you post messages on certain user forums on our websites and app, your email address or name and/or profile photo may be included and displayed with your message. You can find more information about managing your public profile here.
To remove content you have shared on our websites and apps, please use the same app or website feature you used to share the content. If another user invites you to participate in shared viewing, editing, or commenting of content, you may be able to delete your contributions, but usually the user who invited you has full control. If you have questions or concerns about this, please contact us.
Is my personal information secure?
We work hard to protect your personal information. We employ administrative, technical, and physical security controls where appropriate, such as encryption, 2-step verification, and strict contractual confidentiality obligations for employees and contractors.
Where does Adobe store my personal information?
Your personal information and files are stored on Adobe’s servers and the servers of companies we hire to provide services to us.
Does Adobe transfer my personal information across national borders?
The main locations where we process your personal information are the US and India, but we also transfer personal information to all other countries in the world where our apps, and other products or services are available. We carry out these transfers in compliance with applicable laws – for example, by putting data transfer agreements in place to help protect your personal information.
If you reside outside of North America, your relationship is with Adobe Ireland. Where Adobe Ireland transfers your personal information to a country which is not within the EEA and is not subject to an adequacy decision by the EU Commission, we rely on one or more of the following legal mechanisms:, European Commission approved Standard Contractual Clauses and/or your consent in certain circumstances. A copy of the relevant mechanism can be provided for your review upon request, using the contact details provided at the end of this Privacy Policy. For more information about how Adobe Ireland transfers European personal information, please see Cross-border data transfers.
The information above applies to Adobe users who are consumers. More information is available for our business customers that want to learn more about Cross-border data transfers.
What rights do I have in respect of my personal information and how can I exercise these rights?
Under the law of some jurisdictions, you may have the right to ask us for a copy of your personal information; to correct, delete or restrict (stop any active) processing of your personal information; and to obtain the personal information you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this information to another controller.
In addition, you can object to the processing of your personal information in some circumstances (such as where we are using the information for direct marketing).
These rights may be limited, for example, if fulfilling your request would reveal personal information about another person, or if you ask us to delete information which we are required by law to keep or which we need to defend claims against us. In addition, most web browsers have a “Do Not Track” feature that lets you tell websites you do not want to have your online activities tracked. Currently, there is not an accepted standard on how companies should respond to web browsers’ “Do Not Track” signals. Accordingly, our apps and websites do not currently recognize or respond to “Do Not Track” browser signals. However, you can learn more about Adobe’s advertising practices and your privacy choices here.
To exercise any of these rights (including deactivating your Adobe ID account), you can get in touch with us – or our data protection officer – using the details set out below. Additionally, many of our websites and apps allow you to edit your personal information by accessing the "my account", "my profile," or a similar feature of the app or website you are using. Likewise, you can delete files or photos you have stored in our websites and apps by logging in and using the deletion functions that are available.
If you have unresolved concerns, you have the right to report them to your local privacy regulator or data protection authority and, where applicable, you also have the right to lodge a complaint with Adobe Ireland's lead supervisory authority, the Irish Data Protection Commission.
To register with Adobe, to create an Adobe ID, and to use some Adobe websites, apps, products or services, the provision of some information is mandatory: if relevant information is not provided, then we will not be able to administer an Adobe account to you, or provide you with the websites, apps, products or services requested. All other provision of your information is optional. Providing optional information will help us offer you a better experience, such as more personalized or tailored content or offerings.
What rights do I have if I am a California consumer?
In addition to the rights above, see California Consumer Privacy Rights for additional information.
Withdrawing consent or otherwise objecting to direct marketing
The Adobe family of companies (see list of Adobe entities and our acquired companies) and companies we hire to help market our websites and apps on our behalf may use your information to provide you with information and offers related to Adobe.
Where we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your information for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time by:
[/ist]
Click here for further information on your choices regarding our marketing practices.
What information is collected by companies using Adobe Experience Cloud solutions?
Adobe Experience Cloud solutions help our business customers personalize and improve the performance of their websites, apps, and marketing messages. For example, these customers may use Adobe Experience Cloud solutions to collect and analyze information about how individuals use their websites (learn more).
The information collected is stored in our services on behalf of and for use by these business customers.
How long does Adobe retain my information?
When you register for an account and create an Adobe ID, we process and keep most personal information we have about you for as long as you are an active user of our products, services or apps. When you close your account, we begin deleting certain personal information that we no longer have a business reason to retain, such as your hashed password and your tokenized payment account data. However, we typically retain personal information related to our contract and business transactions with you for seven years after your last interaction with us.
Where we process personal information for marketing purposes or with your consent, we process the information until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a permanent record of the fact that you have asked us not to send you direct marketing or to process your information so that we can respect your request in future.
Will this privacy policy change?
Occasionally, we may update this privacy policy (or other documents in the Adobe Privacy Center) to allow Adobe to accommodate new technologies, industry practices, regulatory requirements or for other purposes. If we do, we will change the "last updated" date at the top of this policy and the revised policy will be posted to this page so that you are aware of the information we collect, how we use it, and under what circumstances we may disclose it. We encourage you to periodically review the Adobe Privacy Center for the latest information on our privacy practices. Under certain circumstances (for example with certain material changes) we will provide notice to you of these changes and, where required by applicable law, we will obtain your consent. Notice may be by email to you, by posting a notice of such changes on our apps and websites, or by other means consistent with applicable law.
Who can I contact with questions or concerns?
If you have a privacy question, concern, or request, please fill out a privacy inquiry form.
If you are outside North America, you can also get in touch with Adobe Ireland's data protection officer at http://mailto:DPO@Adobe.com or by postal mail at 4-6 Riverwalk, Citywest Business Park, Dublin 24, Ireland.
For practices that are covered by our GDPR Validation or PRP Certification, please note that if you have an unresolved privacy or data use concern that we have not addressed satisfactorily within 30 days, you may also reach out to our U.S.-based third party dispute resolution (free of charge) at https://feedback-form.truste.com/watchdog/request.
Published March 16, 2020. Effective as of April 16, 2020. These Terms replace and
supersede all prior versions.
If you have agreed to the Subscription and Cancellation
Terms (https://www.adobe.com/legal/subscription-terms.html),
then such terms are also considered part of the Terms. If you are using and accessing the Services and Software through Adobe’s Value Incentive Plan (“VIP”)
program, then the Subscription and Cancellation Terms do not apply to you, but the remainder of 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.
http://www.adobe.com/go/primary-secondary-terms.
Your Agreement with Adobe.
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.
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 Stock
Business Customers [url]InDesign Server
Adobe Fonts
Adobe Stock Contributor
Demo Assets
Primary and Secondary Education Named Users
Adobe Sign
Behance
Document Cloud
Software
Adobe Spark
Business Catalyst
Fuse
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: http://www.adobe.com/go/tou-update-helpx.
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: http://www.adobe.com/go/privacy.
You have the option to manage information preferences here: https://www.adobe.com/privacy/opt-out.html.
2.2
Our Access to Your Content.
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.
To learn more about the machine learning we do, go to http://www.adobe.com/go/machine_learning.
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 at http://www.adobe.com/go/tou-dpa), 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: https://www.adobe.com/go/software-support-guidelines . 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: http://www.adobe.com/go/cc-fonts-faq.
(C) You may revoke our access to your Creative Cloud Customer Fonts and terminate our rights at any time by deleting your Creative Cloud Customer Fonts from the Service.
(D) Upon 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 at http://www.adobe.com/go/primary-secondary-institution-eligibility-guidelines. You may install and use the Educational Version only in the country where you are qualified as an educational user. If you reside in the 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 at http://www.adobe.com/go/thirdparty. 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 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 the value of the payable license fees, then you will also pay for our reasonable 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 ifthe 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: http://www.adobe.com/legal/dmca.html.
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
Adobe Privacy Policy
Last updated: December 10, 2020
The Adobe Privacy Policy describes the privacy practices of Adobe’s apps and websites. If you are a resident of North America, your relationship is with Adobe Inc. (Adobe U.S.) and the laws of California and the United States apply.
If you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited (Adobe Ireland), which is the controller with regard to your personal information collected by Adobe, and the laws of Ireland apply.
Please note that in order to use our apps and websites, you authorize Adobe to transfer your personal information across national borders and to other countries where Adobe and its partners operate, including the United States.
The privacy protections and rights of authorities to access your information in these countries may not be equivalent to those in your country. We will only transfer your personal information to these countries where permitted to do so by law and we will take steps intended to ensure that your personal information continues to receive appropriate protections. For more information, please see the section “Does Adobe transfer my personal information across national borders?”
If the content or information that you store on Adobe apps or websites contains personal information of other individuals, you must be legally permitted to share the personal information with Adobe.
Summary
of Key Points
- Where your consent is required, we will obtain your permission before (i) sending you news and promotional material about Adobe; (ii) accessing information stored on your device relating to your use of, and engagement with, websites and apps (e.g. Adobe Connect meetings) and crash reports; and (iii) analyzing your content. You can withdraw your consent to such activities at any time. Learn more.
- This policy explains when we process personal information for our legitimate interests. You can ask us to stop processing this information. Learn more about your rights and how you can exercise them.
- We use your personal information to enable you to register with Adobe and to provide you with our websites and apps, and other products or services that you request. Learn more.
- We provide interactive features that engage with social media sites, such as Facebook. If you use these features, these sites will send us personal information about you. Learn more.
- We use cookies and other technologies to track the use of our websites and apps. To learn about opportunities to choose not to allow cookies, click here. If you are using our website in a browser, this information is also available in our Cookies Policy.
- There are several places within Adobe’s websites and apps that allow you to post comments, upload pictures, or submit content which will be publicly available where you choose to participate in these activities. We also disclose personal information to other companies in the Adobe family and with advertising and sales partners consistent with your choices. We also share information with third parties we engage to process personal information on our behalf or when such sharing is required by law, or in certain other situations. Learn more.
- We transfer your personal information to the US and other countries, which may be outside the country in which you live. We use government-approved contractual clauses such as European Commission approved Standard Contractual Clauses to help protect your personal information. Learn more.
What does this privacy policy cover?
What information does Adobe collect about me?
How does Adobe use the information it collects about me, and what are the legal bases for these uses?
Does Adobe share my personal information?
Is my personal information displayed anywhere within Adobe's apps or websites?
Is my personal information secure?
Where does Adobe store my personal information?
Does Adobe transfer my personal information across national borders?
What rights do I have in respect of my personal information and how can I exercise these?
What rights do I have if I am a California consumer?
Withdrawing consent or otherwise objecting to direct marketing
What information is collected by companies using Adobe Experience Cloud solutions?
How long does Adobe retain my information?
Will this privacy policy change?
Who can I contact with questions or concerns?
What does this privacy policy cover?
This privacy policy describes how Adobe (also referred to as "we","us" or "our") will make use of your information in the context of:
- Adobe websites; web-based services such as Behance; and web-based aspects of the Creative Cloud, Document Cloud and Experience Cloud (together referred to as "websites");
- Desktop apps and mobile apps (both referred to as "apps") that include a reference to this policy; and
- Adobe’s marketing, sales, and advertising practices.
Please note that websites and apps provided by some companies acquired by Adobe may operate under their own privacy policies until their privacy practices are integrated with Adobe's privacy practices. For a current list of these companies, click here.
Additional privacy-related information is provided for certain Adobe apps and websites.
Adobe® Digital Editions
Adobe Sign
Adobe Stock
Adobe Fonts
Flash® Player
Behance™
Please also see the Adobe Terms of Use and any additional Terms of Use or Product License Agreements that may apply to the app or website you are using.
What information does Adobe collect about me?
Adobe ID, registration, and customer support
When you register to use an Adobe app or website, create an Adobe ID, or contact us for support or other offerings, Adobe collects information that identifies you. This includes:
- Name;
- Date of birth;
- Company name;
- Email address;
- Telephone number;
- Address;
- Country;
- IP address;
- Mobile Device ID;
- Payment/billing information (where an app or website is 'paid for');
- Eligibility information (e.g., for student and teacher editions of apps);
- Types of apps and websites of interest; and
- Content of customer support communications.
To help keep our databases current and to provide you the most relevant content and experiences, we may combine information provided by you with information from third party sources, in accordance with applicable law. For example, the size, industry, and other information about the company you work for (where you have provided company name) will be obtained from sources including, professional networking sites and information service providers. We may also collect and receive information from third parties, including partners, and from publicly accessible sources, for purposes that include to detect, prevent, or otherwise address fraud, security or technical issues, as well as to protect against harm to the rights, property or safety of Adobe and our employees, our users, children, or the public.
Adobe apps and websites
We collect information about how you use our apps and websites, including when you use a desktop app feature that takes you online (such as a photo syncing feature). Depending on the app or website, this information may be associated with your device or browser or it may be associated with your Adobe account. It includes:
- IP address;
- Type of browser and device;
- Webpage that led you to an Adobe website;
- Search terms entered into a search engine which lead you to an Adobe website;
- Use and navigation of websites and apps (collected through cookies and similar technologies, or by Adobe servers when you are logged in to the app or website);
- Analysis of your content (e.g., documents, photos, videos, activity logs, and direct feedback from you) which is sent or received using an online feature of an Adobe app or website, or which is stored on Adobe servers.
The
following links provide further information on:
- Adobe product improvement program;
- Desktop usage tracking FAQ;
- Mobile app usage information FAQ;
- Experience Cloud usage information FAQ;
- Your privacy choices regarding how we use this information;
- Adobe products and services licensed by educational institutions;
- How Adobe uses cookies and similar technologies; and
- How Adobe analyzes your content using techniques such as machine learning in order to improve our apps and websites, and how to opt out of this.
Adobe app activation and automatic updates
When you activate your Adobe app or when you install updates to the app, we collect information about:
- your device (manufacturer, model, IP address);
- the Adobe app (version, date of activation, successful and unsuccessful updates);
- your product serial number (where this is required before you can start using your product).
You can learn more about app activation here.
Adobe emails
Emails we send you may include a technology (called a web beacon) that tells Adobe whether you have received or opened the email, or clicked a link in the email. If you do not want us to collect this information, you can opt out of receiving Adobe marketing emails.
Adobe online advertising
Adobe advertises online in a variety of ways, including displaying Adobe ads to you on other companies' websites and apps and on social media platforms, such as Facebook and LinkedIn. Adobe websites use cookies and similar technologies provided by our own company (Adobe Experience Cloud) and other companies that allow us to gather additional information to measure and improve the effectiveness of our advertising. We collect information such as:
- Which ads are displayed;
- Which ads are clicked on; and
- Where the ad was displayed.
Learn more aboutAdobe’s advertising practices.
Buttons, tools, and content from other companies
Adobe apps and websites may include buttons, tools, or content that link to other companies’ services (for example, a Facebook "Like" button). We may collect information about your use of these features, such as content “liked” and address information in Google Maps. In addition, when you see or interact with these buttons, tools, or content, or view an Adobe web page or app containing them, some information from your browser may automatically be sent to the other company. Please read that company’s privacy policy for more information.
Adobe websites may implement Google reCAPTCHA Enterprise to help prevent spam and abuse. reCAPTCHA Enterprise collects hardware and software information, such as device and application data, and sends it to Google for purposes of providing, maintaining, and improving reCAPTCHA Enterprise and for general security purposes. This information is not used by Google for personalized advertising. Your use of reCAPTCHA Enterprise is subject to Google’s Privacy Policy and Terms of Use.
Adobe social networking pages and social sign-on services
You can sign in to some Adobe apps or websites using a social networking account, such as a Facebook account. Where you give appropriate permissions, we will receive information about you from your social networking account, such as name, location, and basic demographic information.
Adobe has its own pages on many social networking sites (for example, the Adobe® Photoshop® team’s Facebook page). We will collect information which you have made publicly available on your social networking account, such as name and interests in our products and services, when you interact with our social networking pages. The social networking sites may provide statistics and insights to Adobe which help us understand the types of actions that people take on our pages. Where applicable, Adobe and the social media site(s) have entered into an arrangement which determines our respective responsibilities.
You can learn more about Adobe’s practices with respect to social networking pages and account sign-on services here.
Adobe acting on your behalf
In certain instances, Adobe is acting only on your behalf for personal information collected and processed by our services (for example, for the address book contacts shared by users when entering recipient information). In such cases, Adobe is acting only on your instructions in order to facilitate the service requested by you, and you will be responsible for the information shared. In these instances, we will inform you through in-app notifications or other in-time communications.
How does Adobe use the information it collects about me, and what are the legal bases for these uses?
Adobe uses the information we collect about you for the following purposes:
- To fulfill a contract, or take steps linked to a contract: this is relevant where you register to use an Adobe app or website (whether paid, or as a free trial). This includes:
- Providing you with the Adobe websites and apps for which you have registered, and any other services or products that you have requested;
- Verifying your identity;
- Processing payments;
- Sending you necessary communications (for example, related to payments or expiration of your subscription); and
- Providing customer service or support.
- Providing you with the Adobe websites and apps for which you have registered, and any other services or products that you have requested;
- As required by Adobe to conduct our business and pursue our legitimate interests, in particular:
- Providing you with the Adobe websites and apps for which you have registered and any other products and services you have requested;
- Analyzing your use and measuring effectiveness of our websites and apps to better understand how they are being used so we can improve them and engage and retain users;
- Sending you information about Adobe products and services, special offers and similar information, and sharing your information with third parties for their own marketing purposes (where your consent is not required);
- Analyzing your use of our websites and apps, your content, and your interaction with our communications, to tailor and customize the website or app, and marketing communications (learn more) (where your consent is not required);
- Analyzing your content through techniques such as machine learning in order to improve our services and the user experience (where your consent is not required);
- Diagnosing problems in our apps and websites;
- Detecting, preventing, or otherwise addressing fraud, security or technical issues, as well as protecting against harm to the rights, property or safety of Adobe, our users, or the public;
- Conducting surveys and market research about our customers, their interests, the effectiveness of our marketing campaigns, and customer satisfaction (unless we need consent to undertake such surveys, in which case we will only do this with your permission);
- Investigating and responding to any comments or complaints that you may send us;
- Checking the validity of the sort code, account number and card number you submit if you use a credit or debit card for payment, in order to prevent payment fraud (we use third parties for this – see “Does Adobe share my personal information?” below);
- Sharing account information registered under a business email address with employers for account migration purposes;
- If we merge with or are acquired by another company, sell an Adobe website, app, or business unit, or if all or a substantial portion of our assets are acquired by another company, your information will likely be disclosed to our advisers and any other prospective purchaser's advisers and will be one of the assets that is transferred to the new owner; and
- In connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of information in connection with government agency requests, legal process or litigation).
- Providing you with the Adobe websites and apps for which you have registered and any other products and services you have requested;
Where we process your information based on legitimate interests, you can object to this processing in certain circumstances. In such cases, we will cease processing information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.
- Where required, when you give Adobe your consent or otherwise consistent with your choices:
- Sending you information about Adobe products and services, special offers and similar information, and sharing your information with third parties for their own marketing purposes;
- Placing cookies and using similar technologies on our websites, on our apps and in email communications, in accordance with our Cookies Policy and the information provided to you when those technologies are used;
- Accessing information stored on your device relating to your use of, and engagement with, websites and apps (e.g., Adobe Connect meetings) and crash reports;
- Accessing information stored on your device which you allow us to receive through device-based settings (e.g., photos, location and camera) in order to provide certain functionality within our apps and websites; and
- Analyzing your content using techniques such as machine learning in order to improve our services and the user experience;
- Sending you information about Adobe products and services, special offers and similar information, and sharing your information with third parties for their own marketing purposes;
On other occasions where we ask you for consent, we will use the information for the purposes which we explain at that time. Where we rely on consent to process information, you can withdraw your consent to such activities at any time.
- For legal reasons:
- Responding to requests by government or law enforcement authorities conducting an investigation.
- To detect, prevent, or otherwise address fraud, security, potential illegal activities, or technical issues and software piracy (e.g., to confirm that software is genuine and properly licensed), helping to protect you as well as Adobe.
- Responding to requests by government or law enforcement authorities conducting an investigation.
Where this processing and these disclosures are not strictly required by law, Adobe may rely on its legitimate interests and those of third parties described above.
Currently in the United States and Canada only, Adobe also uses your information for our participation in the Adobe Experience Cloud Device Co-op, which allows us to better understand how you use Adobe apps and websites across your various devices, and to deliver ads tailored to your likely interests (learn more or opt out).
Does Adobe share my personal information?
Sharing with other Data Controllers
We will share your personal information within the Adobe family of companies for the purposes identified above (see a list of Adobe entities and our acquired companies).
We will also share your personal information with other third-party data controllers. The types of third parties your information may be shared with include: our resellers and other sales and advertising partners, retailers, research organizations, advertisers, ad agencies, advertising networks and platforms, information service providers, fraud monitoring and prevention providers, publishers, and non-profit organizations (with your consent, if required). Third-party data controllers may also use Adobe products and services to collect and process your personal information. If you are using an email address that is associated with a business domain (e.g., yourname@businessname.com) to access Adobe's apps and websites, or if you were invited to use the apps and websites by a business, we may provide your personal information to that business.
Sharing for Fraud Prevention, Safety and Security Purposes
We will share personal information with companies, organizations or individuals outside of Adobe if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to detect, prevent, or otherwise address fraud, security or technical issues, as well as to protect against harm to the rights, property or safety of Adobe and our employees, our users, children, or the public as required or permitted by law.
Sharing with Data Processors
We will also share your personal information with companies that help us run our business by processing personal information on behalf of Adobe for the purposes identified above. Such companies include providers of customer support services, payment processing services, fraud monitoring and prevention, email, social media, and other marketing platforms and service providers, and hosting services. We require these companies to protect your personal information consistent with this Privacy Policy.
Other Information Sharing
Adobe may also share your personal information:
- When you agree to the sharing;
- When we have a good faith belief that we are required to provide information in response to a subpoena, court order, or other applicable law or legal process (learn more), or to respond to an emergency involving the danger of death or serious bodily harm;
- If we merge with or are acquired by another company, sell an Adobe website, app, or business unit, or if all or a substantial portion of our assets are acquired by another company, your information will likely be disclosed to our advisers and any prospective purchaser's advisers and will be one of the assets that is transferred to the new owner.
We may share or publish aggregate information that doesn’t specifically identify you, such as statistical information about visitors to our websites or statistical information about how customers use the Adobe Experience Cloud.
Is my personal information displayed anywhere on Adobe’s websites or applications?
There are several places within Adobe’s websites and apps that allow you to post comments, upload pictures, or submit content for others to see. Sometimes you can limit who can see what you share, but there are some places where what you share can be seen by the general public or other users of the app or website. Please be careful when you share your personal information. Do not share anything you wouldn’t want publicly known unless you are sure you are posting it within an app or website that allows you to control who sees what you post. Please note that when you post messages on certain user forums on our websites and app, your email address or name and/or profile photo may be included and displayed with your message. You can find more information about managing your public profile here.
To remove content you have shared on our websites and apps, please use the same app or website feature you used to share the content. If another user invites you to participate in shared viewing, editing, or commenting of content, you may be able to delete your contributions, but usually the user who invited you has full control. If you have questions or concerns about this, please contact us.
Is my personal information secure?
We work hard to protect your personal information. We employ administrative, technical, and physical security controls where appropriate, such as encryption, 2-step verification, and strict contractual confidentiality obligations for employees and contractors.
Where does Adobe store my personal information?
Your personal information and files are stored on Adobe’s servers and the servers of companies we hire to provide services to us.
Does Adobe transfer my personal information across national borders?
The main locations where we process your personal information are the US and India, but we also transfer personal information to all other countries in the world where our apps, and other products or services are available. We carry out these transfers in compliance with applicable laws – for example, by putting data transfer agreements in place to help protect your personal information.
If you reside outside of North America, your relationship is with Adobe Ireland. Where Adobe Ireland transfers your personal information to a country which is not within the EEA and is not subject to an adequacy decision by the EU Commission, we rely on one or more of the following legal mechanisms:, European Commission approved Standard Contractual Clauses and/or your consent in certain circumstances. A copy of the relevant mechanism can be provided for your review upon request, using the contact details provided at the end of this Privacy Policy. For more information about how Adobe Ireland transfers European personal information, please see Cross-border data transfers.
The information above applies to Adobe users who are consumers. More information is available for our business customers that want to learn more about Cross-border data transfers.
What rights do I have in respect of my personal information and how can I exercise these rights?
Under the law of some jurisdictions, you may have the right to ask us for a copy of your personal information; to correct, delete or restrict (stop any active) processing of your personal information; and to obtain the personal information you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this information to another controller.
In addition, you can object to the processing of your personal information in some circumstances (such as where we are using the information for direct marketing).
These rights may be limited, for example, if fulfilling your request would reveal personal information about another person, or if you ask us to delete information which we are required by law to keep or which we need to defend claims against us. In addition, most web browsers have a “Do Not Track” feature that lets you tell websites you do not want to have your online activities tracked. Currently, there is not an accepted standard on how companies should respond to web browsers’ “Do Not Track” signals. Accordingly, our apps and websites do not currently recognize or respond to “Do Not Track” browser signals. However, you can learn more about Adobe’s advertising practices and your privacy choices here.
To exercise any of these rights (including deactivating your Adobe ID account), you can get in touch with us – or our data protection officer – using the details set out below. Additionally, many of our websites and apps allow you to edit your personal information by accessing the "my account", "my profile," or a similar feature of the app or website you are using. Likewise, you can delete files or photos you have stored in our websites and apps by logging in and using the deletion functions that are available.
If you have unresolved concerns, you have the right to report them to your local privacy regulator or data protection authority and, where applicable, you also have the right to lodge a complaint with Adobe Ireland's lead supervisory authority, the Irish Data Protection Commission.
To register with Adobe, to create an Adobe ID, and to use some Adobe websites, apps, products or services, the provision of some information is mandatory: if relevant information is not provided, then we will not be able to administer an Adobe account to you, or provide you with the websites, apps, products or services requested. All other provision of your information is optional. Providing optional information will help us offer you a better experience, such as more personalized or tailored content or offerings.
What rights do I have if I am a California consumer?
In addition to the rights above, see California Consumer Privacy Rights for additional information.
Withdrawing consent or otherwise objecting to direct marketing
The Adobe family of companies (see list of Adobe entities and our acquired companies) and companies we hire to help market our websites and apps on our behalf may use your information to provide you with information and offers related to Adobe.
Where we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your information for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time by:
[/ist]
- updating your preferences in your Adobe ID profile;
- updating your preferences in your specific website or app accounts;
- clicking the unsubscribe link at the bottom of our marketing emails; or
- contacting us using the details provided at the end of this privacy policy.
Click here for further information on your choices regarding our marketing practices.
What information is collected by companies using Adobe Experience Cloud solutions?
Adobe Experience Cloud solutions help our business customers personalize and improve the performance of their websites, apps, and marketing messages. For example, these customers may use Adobe Experience Cloud solutions to collect and analyze information about how individuals use their websites (learn more).
The information collected is stored in our services on behalf of and for use by these business customers.
How long does Adobe retain my information?
When you register for an account and create an Adobe ID, we process and keep most personal information we have about you for as long as you are an active user of our products, services or apps. When you close your account, we begin deleting certain personal information that we no longer have a business reason to retain, such as your hashed password and your tokenized payment account data. However, we typically retain personal information related to our contract and business transactions with you for seven years after your last interaction with us.
Where we process personal information for marketing purposes or with your consent, we process the information until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a permanent record of the fact that you have asked us not to send you direct marketing or to process your information so that we can respect your request in future.
Will this privacy policy change?
Occasionally, we may update this privacy policy (or other documents in the Adobe Privacy Center) to allow Adobe to accommodate new technologies, industry practices, regulatory requirements or for other purposes. If we do, we will change the "last updated" date at the top of this policy and the revised policy will be posted to this page so that you are aware of the information we collect, how we use it, and under what circumstances we may disclose it. We encourage you to periodically review the Adobe Privacy Center for the latest information on our privacy practices. Under certain circumstances (for example with certain material changes) we will provide notice to you of these changes and, where required by applicable law, we will obtain your consent. Notice may be by email to you, by posting a notice of such changes on our apps and websites, or by other means consistent with applicable law.
Who can I contact with questions or concerns?
If you have a privacy question, concern, or request, please fill out a privacy inquiry form.
If you are outside North America, you can also get in touch with Adobe Ireland's data protection officer at http://mailto:DPO@Adobe.com or by postal mail at 4-6 Riverwalk, Citywest Business Park, Dublin 24, Ireland.
For practices that are covered by our GDPR Validation or PRP Certification, please note that if you have an unresolved privacy or data use concern that we have not addressed satisfactorily within 30 days, you may also reach out to our U.S.-based third party dispute resolution (free of charge) at https://feedback-form.truste.com/watchdog/request.