{"service":{"name":"Adobe","url":"https://www.adobe.com/ie/legal/terms.html","lang":"ENG","sector":"Various","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"16.04.2020"},"document":{"title":"","text":"Adobe General Terms of Use\nPublished 16 March2020. Effective as of 16 April2020. These Terms replace and supersede all\nprior versions.\nTHE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION\n14 (DISPUTE RESOLUTION) BELOW GOVERN THE RESOLUTION OF DISPUTES. PLEASE\nREAD THEM CAREFULLY. IF YOU DO NOT AGREE WITH THE MANDATORY\nARBITRATION PROVISION AND CLASS ACTION WAIVER IN THE TERMS, PLEASE DO\nNOT USE THE SERVICES OR SOFTWARE.\nThese General Terms of Use (“General Terms”), along with any applicable Additional Terms\n(see section 1.2 (Additional Terms) below) (collectively, the “Terms”) govern your use of and\naccess to our website, customer support, discussion forums or other interactive areas or\nservices and services such as Creative Cloud (collectively, the “Services”) and software that\nwe include as part of the Services, as well as any applications, including mobile applications,\nSample Files and Content Files (defined below), scripts, instruction sets and related\ndocumentation (collectively, the “Software”). If you have agreed to the Subscription and\nCancellation Terms, then such terms are also considered part of the Terms. If you are using\nand accessing the Services and Software through Adobe’s Value Incentive Plan (“VIP”)\nprogramme, then the Subscription and Cancellation Terms do not apply to you, but the\nremainder of these Terms will govern your use of and access to the Services and Software. If\nyou have entered into another agreement with us concerning specific Services or Software,\nthen the terms of that agreement control where it conflicts with the Terms. \nYou must be 13 or older to register for an individual Adobe ID. Schools that participate\nin the primary and secondary education named user offering may issue a child under\n13 an enterprise-level Adobe ID, consistent with the K-12 (Primary and Secondary) and\nHigher Education Additional Terms for Student Data.\n1. Your Agreement with Adobe.\n1.1 Choice of Law and Contracting Entity. If you reside in North America (inclusive of\nUnited States, Canada, Mexico, United States territories and possessions and United\nStates military bases wherever located), your relationship is with Adobe Inc., a United\nStates company and the Terms are governed by the law of California, U.S.A., unless\npreempted by U.S. federal law, without regard to conflict of law rules. If you reside\noutside of North America, your relationship is with Adobe Systems Software Ireland\nLimited and the Terms are governed by the law of Ireland. For customers in Australia,\nAdobe Systems Software Ireland Limited is acting as an authorised agent of Adobe Systems\nPty Ltd. and is entering into this contract in its capacity as agent for Adobe Systems Pty Ltd.\n\nYou may have additional rights under your local law. We do not seek to limit those rights\nwhere it is prohibited to do so by law.\n1.2 Additional Terms. Our Services and Software are licensed, not sold, to you and may also\nbe subject to one or more of the additional terms below (“Additional Terms”). If there is any\nconflict between the terms in the General Terms and the Additional Terms, then the Additional\nTerms govern in relation to that Service or Software. The Additional Terms are subject to\nchange as described in section 1.6 (Updates to Terms) below.\nAdobe Developer\nAdobe Substance\n3D Assets\nDemo Assets\nMedium\nAdobe Fonts\nAdobe Substance\n3D Community\nAssets\nDocument Cloud\nMixamo\nAdobe Sign\nBehance\nFuse\nSoftware\nAdobe Spark\nBusiness Catalyst InDesign Server\nAdobe Stock\nBusiness\nCustomers\nK-12 and Higher\nEducation\nAdobe Stock\nContributor\nCreative Cloud\nExpress\nLightroom\n1.3 Business Users. If you received an “Entitlement” (which is defined as the right to use,\naccess and consume the Software and Services) from an organisation or group, including but\nnot limited to a business or any other commercial entity, government entity, non-profit\norganization or educational institution (each, a “Business”) under one of Adobe’s business\nplans (such as Creative Cloud for Teams, Creative Cloud for Enterprise or Document Cloud),\nthen (A) you are a “Business User” of such Business; (B) your Adobe profile associated with\nsuch Entitlement is a “Business Profile”; and (C) all references to “you” in these Terms will\nmean such Business. If you are a Business User, you agree that, due to your receipt of\nEntitlements from such Business, (1) Adobe may provide such Business with the ability to\naccess, use, remove, retain and control your Business Profile and all Content therein whether\nuploaded or imported before or after the date these Terms were last updated; (2) your use of\nthe Services and Software is governed by such Business’s agreement with Adobe; and (3)\nAdobe may provide your personal information to such Business. If you are a Business User\nwith Entitlements from multiple Businesses, you may have separate Business Profiles\nassociated with each Business. As a Business User, you may have different agreements with\nor obligations to a Business, which may affect your Business Profile or your Content. Adobe is\nnot responsible for any violation by you of such agreements or obligations. If you did not\nreceive Entitlements from a Business (e.g., you purchased a Creative Cloud for individuals\nplan and received Entitlements through this plan), then (a) you are a “Personal User”; (b)\nyour Adobe profile is a personal profile; (c) you maintain sole access and control over all\nContent in your personal account or personal profile (except as otherwise indicated in the\nPrivacy Policy); and (d) all references to “you” in these General Terms will mean you as an\nindividual. If you received Entitlements through a personal plan and from a Business, then you\n\nare both a Personal User and a Business User. You are a Personal User when you utilise the\nEntitlements you obtained through your personal plan and you are a Business User when you\nutilise your Entitlements provided by a Business.\n1.4 Business Email Domains. As a Personal User or a Business User, you may create an\nAdobe account using an email address provided or assigned to you by a Business (such as\nyour work email address). If the Business establishes a direct relationship with us, they may\nwant to add your account to such relationship. If this happens, the Business may, with prior\nnotice, roll your account into the Business’s account. This means the Business may (A)\naccess the account; (B) take control over the account and any Content therein whether\nstored, uploaded or imported before or after the date these Terms were last updated; and (C)\nrecommend any non-Business Content associated with such account to be moved to a new\naccount that utilises an email address not associated with such Business. You, as an\nindividual or a Business User, also acknowledge that Adobe may provide your personal\ninformation to such Business, such as your name or email address. If you do not want a\nBusiness to access, use, remove, retain or control an account or profile, then do not use a\nBusiness email address with that account. Information regarding how you may change the\nemail address associated with your account may be found here. \n1.5 Ownership. You (as a Business or an individual, as applicable) retain all rights and\nownership of your Content. We do not claim any ownership rights to your Content.\n1.6 Updates to Terms. We may make changes to the Terms from time to time and if we do,\nwe will notify you by revising the date at the top of the Terms and, in some cases, we may\nprovide you with additional notice. You should look at the Terms regularly. Unless otherwise\nnoted, the amended Terms will be effective immediately and your continued use of our\nServices and Software will confirm your acceptance of the changes. If you do not agree to the\namended Terms, you must stop using our Services and Software. \n2. Privacy.\n2.1 Privacy. For information about how we collect, use, share or otherwise process\ninformation about you and your use of our apps and websites, please see our Privacy Policy.\nYou have the option to manage information preferences here.\n2.2 Our Access to Your Content. Where permitted by law, we will only access, view or listen\nto your Content (defined in section 4.1 (Content) below) in limited ways. For example, in order\nto perform the Services, we may need to access, view or listen to your Content to (A) respond\nto Feedback or support requests; (B) detect, prevent or otherwise address fraud, security,\nlegal or technical issues; and (C) enforce the Terms. Our automated systems may analyse\nyour Content using techniques such as machine learning in order to improve our Services and\nSoftware and the user experience. Learn more about the machine learning we do.\n\n2.3 Data Processing Agreement. Where customer information includes personal\ninformation and where you are considered a “Data Controller” and Adobe is a “Data\nProcessor” as defined under the General Data Protection Regulation EU Regulation 2016/679\n(“GDPR”), the terms of the Adobe Data Processing Agreement (“DPA”) (available here),\nincluding the European Commission approved Standard Contractual Clauses, as applicable,\nshall apply to the processing of such personal information and are incorporated by reference\ninto the Terms.\n2.4 Sensitive Personal Information. You agree not to collect, process or store any Sensitive\nPersonal Information using the Services or Software. You agree not to transmit, disclose or\nmake available Sensitive Personal Information to Adobe or Adobe’s third-party providers.\n“Sensitive Personal Information” means an individual’s financial information, sexual\npreferences, medical or health information protected under any health data protection laws,\nbiometric data (for purposes of uniquely identifying an individual), personal information of\nchildren protected under any child data protection laws (such as the personal information\ndefined under the US Children’s Online Privacy Protection Act (“COPPA”)) and any additional\ntypes of information included within this term or any similar term (such as “sensitive personal\ndata” or “special categories of personal information”) as used in applicable data protection or\nprivacy laws.\n2.5 Transfer of Personal Information. We process and store information in the U.S. and\nother countries. By using our apps and websites, you agree that you authorise Adobe to\ntransfer your personal information across national borders and to other countries where\nAdobe and its partners operate. For example, personal information collected from users in\nChina will be exported outside of China.\n3. Use of Services and Software.\n3.1 Licence. Subject to your compliance with the Terms and applicable law, you may access\nand use the Services and Software that we make available and that you license from us. Your\nlicence(s) expire at the end of the term set forth in your order document. The version(s) of the\nServices and Software available at your renewal date may be different from the version(s)\navailable when you first purchased your licence(s) from Adobe. The versions of the Services\nand Software that Adobe supports can be found here. You agree that your decision to use or\npurchase Software or Services is not contingent on the delivery of any future functionality or\nfeatures or dependant on any oral or written public comments made by us regarding future\nfunctionality or features.\n3.2 Adobe Intellectual Property. We (and our licensors) remain the sole owner of all right,\ntitle and interest in the Services and Software. Except as stated in the Terms, we do not grant\nyou any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect\nto the items in the Services or Software. We reserve all rights not granted under the Terms.  \n\n3.3 Storage. We recommend that you back up your Content and Creative Cloud Customer\nFonts elsewhere regularly if the Services provide storage and this functionality is enabled by\nthe applicable Services. We may create reasonable technical limits on file size, storage space,\nprocessing capacity and other technical limits. We may suspend the Services until you are\nwithin the storage space limit associated with your account. At the end of your licence term,\nwe will use commercially reasonable efforts to allow you to transition your Content out of the\nServices. The transition must be completed within 30 days from the date of the termination or\nexpiration of your licence term. At the end of this 30-day transition period, we reserve the\nright to delete your Content. You should download any Content that you have stored in the\nServices before your licence ends.\n3.4 User-Generated Content. We may host user-generated content from our users. If you\naccess our Services, you may come across user-generated content that you find offensive or\nupsetting. Your sole remedy is to stop viewing the content. If available, you may also click the\n“Report” button to report offensive user-generated content to us.\n3.5 Sample Files. “Sample Files” means Adobe-provided audio, visual, video or other\ncontent files for use in tutorials, demonstrations and for other trial purposes, which may be\nidentified as sample files. Sample Files cannot be used for any other purpose than for which\nthey were provided. You cannot distribute Sample Files in any way that allows a third party to\nuse, download, extract or access the Sample Files as a stand-alone file and you cannot claim\nany rights in the Sample Files.\n3.6 Content Files. “Content Files” means Adobe assets provided as part of the Services and\nSoftware. Unless documentation or specific licences (including but not limited to Additional\nTerms) state otherwise, we grant you a personal, non-exclusive, non-sublicensable and non-\ntransferable licence to use the Content Files to create your end use (i.e., the derivative\napplication or product authored by you) into which the Content Files or derivations thereof,\nare embedded for your use (“End Use”). You may modify the Content Files prior to\nembedding them in the End Use. You may reproduce and distribute Content Files only in\nconnection with your End Use, however, under no circumstances can you distribute the\nContent Files on a stand-alone basis, outside of the End Use.\n3.7 Free memberships, offers and trials. Adobe may offer free memberships, offers and\ntrial memberships in its sole discretion. If access to the Services or Software is provided to\nyou for free or for trial purposes, such access is governed by these Terms. At any time prior to\nor during the free or trial period, Adobe may, in its sole discretion, terminate the free or trial\naccess without prior notice and without any liability to you, to the extent permitted under\napplicable law, for any reason, including to prevent abuse of the free or trial access. After the\nfree or trial access period expires, you may only continue using the Services or Software by\nenrolling in a paid subscription, if available or as otherwise permitted by Adobe. During the\nfree or trial period, no express or implied warranties shall apply to the Services and Software,\nall Services and Software are provided “as-is” with all defects and no technical or other\nsupport is included.\n\n3.8 NFR Version. Adobe may also designate the Services or Software as “trial, “evaluation,”\n“not for resale” or other similar designation (“NFR Version”). You may install and use the NFR\nVersion only for the period and purposes stated when we provide the NFR Version. You must\nnot use any materials you produce with the NFR Version for any commercial purposes. \n3.9 Adobe Talent.\n(A) You may not post jobs that point to specific work contests or other opportunities that\nsolicit customised and unpaid creative work from creative professionals. Any such postings\nmay be removed without refund.\n(B) We offer a paid “Talent Search” feature to recruiters and companies looking to discover\nand hire creative talents. By uploading a public profile or public project on the Services, you\nagree that the public information may be included in Talent Search results. \n3.10 Creative Cloud Customer Fonts.\n(A) For any font or font file you upload or submit to the Services and Software (“Creative\nCloud Customer Fonts”) you represent and warrant that you have all necessary rights to\nallow us to use, reproduce, display, host and distribute the Creative Cloud Customer Fonts\nthrough the Services and Software for your use. Creative Cloud Customer Fonts are not\nconsidered Content, as defined in the Terms. Adobe does not represent or warrant that any\nsuch Creative Cloud Customer Fonts will be compatible with or be suitable for use with the\nServices or Software. \n(B) In the event we are informed by a third party or become aware that you haven't got the\nrights to which you warrant in section 3.10(A) (Creative Cloud Customer Fonts) or that your\nCreative Cloud Customer Fonts violate third-party Intellectual Property Rights, then we may\nremove the Creative Cloud Customer Fonts from your account, from the Services or from the\nContent that uses that Creative Cloud Customer Fonts. If we remove your Creative Cloud\nCustomer Fonts from your account, the Services or the Content that uses the Creative Cloud\nCustomer Fonts, the display of your Content may change. Learn more about how your\nContent may change.\n(C) You may revoke our access to your Creative Cloud Customer Fonts and terminate our\nrights at any time by deleting your Creative Cloud Customer Fonts from the Service. \n(D) Upon any termination or closure of your account, we reserve the right to delete your\nCreative Cloud Customer Fonts. Some copies of your Creative Cloud Customer Fonts may be\nretained as part of our routine backups.\n(E) We may collect information connected to your use of the Creative Cloud Customer Fonts,\nsuch as names of the Creative Cloud Customer Fonts that you upload and how you use the\nCreative Cloud Customer Fonts.\n3.11 Other Licence Types.\n(A) Prerelease or Beta Version. We may designate the Services or Software or a feature of\nthe Services or Software, as a prerelease or beta version (“Beta Version”). A Beta Version\ndoes not represent the final product and may contain bugs that may cause system or other\nfailure and data loss. We may choose not to release a commercial version of the Beta Version.\n\nYou must promptly cease using the Beta Version and destroy all copies of the Beta Version if\nwe request you to do so. In exchange for your use of a Beta Version, you agree that Adobe\nmay collect data regarding your use of the Beta Version to improve our products and\npersonalise your experience, regardless of whether or not you have opted-out of data\ncollection for non-Beta Versions. If you do not wish to have your usage tracked, you must\ndiscontinue your use of the Beta Version by uninstalling such Beta Version or utilising a non-\nBeta Version of the Services or Software. Any separate agreement we enter into with you\ngoverning the Beta Version will supersede these provisions.\n(B) Education Version. If we designate the Services or Software to be for use by educational\nusers (“Educational Version”), then you may only use the Educational Version if you meet\nthe eligibility requirements stated here. You may install and use the Educational Version only\nin the country where you are qualified as an educational user. If you reside in the European\nEconomic Area, then the word “country” in the prior sentence means the European Economic\nArea.\n3.12 Third-Party Services and Software. The Services and Software may include third-\nparty services and software and you are responsible for complying with any and all third-party\nterms that apply. Some third-party terms that may be applicable to your use of the Services\nand Software are available. Access to third-party services and software is provided for\nconvenience only and Adobe has no responsibility for such third-party services and software. \n4. Your Content.\n4.1 Content. “Content” means any text, information or material, such as audio files, video\nfiles, electronic documents or images, that you upload and import into, or create with the\nServices or Software in connection with or through your use of the Services. You must not\nupload any Content that is prohibited by any applicable law. We reserve the right to remove\nContent or restrict access to Content, Services and Software if any of your Content is found\nto be in violation of these Terms. We do not review all Content uploaded to the Services or\nSoftware, but we may use available technologies, vendors or processes to screen for certain\ntypes of illegal content (for example, child pornography) or other abusive content or\nbehaviour (for example, patterns of activity that indicate spam or phishing or keywords that\nindicate adult content has been posted outside of the adult wall).\n4.2 Licences to Your Content in Order to Operate the Services and Software. Solely for\nthe purposes of operating or improving the Services and Software, when you upload Content\nto the Services or Software, you grant us a nonexclusive, worldwide, royalty-free,\nsublicensable and transferrable licence to use, reproduce, publicly display, distribute, modify\n(so as to better showcase your Content, for example), publicly perform and translate the\nContent. \n4.3 Sharing Your Content.\n(A) Sharing. Some Services and Software may provide features that allow you to Share your\nContent with other users or to make it public. “Share” means to email, post, transmit, stream,\n\nupload or otherwise make available (whether to us or other users) through your use of the\nServices and Software. Other users may use, copy, modify or re-share your Content in many\nways. Please carefully consider what you choose to Share or make public as you are\nresponsible for the Content that you Share.\n(B) Level of Access. We do not monitor or control what others do with your Content. You are\nresponsible for determining the limitations that are placed on your Content and for applying\nthe appropriate level of access to your Content. If you do not choose the access level to apply\nto your Content, the system may default to its most permissive setting. It is your responsibility\nto let other users know how your Content may be Shared and to adjust the setting related to\naccessing or sharing your Content.\n(C) Comments. Any comments that you submit through the Services and Software are not\nanonymous and may be viewed by other users. Your comments may be deleted by you, by\nother users or by us.\n4.4 Termination of Licence. You may revoke this licence to your Content and terminate our\nrights at any time by removing your Content from the Service. Some copies of your Content\nmay be retained as part of our routine backups, however. \n4.5 Feedback. You have no obligation to provide us with ideas, suggestions, proposals or\nbug or crash reports (“Feedback”). If you submit Feedback to us however, then you grant us\na non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable and\ntransferable licence to make, use, sell, have made, offer to sell, import, export, reproduce,\npublicly display, distribute, modify and publicly perform the Feedback.\n5. Your Account.\n5.1 Account Information. You are responsible for all activity that occurs via your account\neven if that activity is not by you or is without your knowledge or consent. Please notify\nCustomer Support immediately if you become aware of any unauthorised use of your\naccount. You may not (A) share your account information (except with an authorised account\nadministrator), whether intentionally or unintentionally; or (B) use another person’s account.\nYour account administrator may use your account information to manage your use and\naccess to the Services and Software. For PhoneGap, we reserve the right to monitor and\nenforce subscription plan limits and restrictions, including, but not limited to, the right to\ncharge for overages.\n5.2 Free Account Inactivity. You are responsible for keeping your account active, which\nmeans you must sign in periodically to avoid any disruption or loss of access to the Services\nand Software or termination of your account. If you don't sign into your account periodically,\nwe reserve the right to assume your account is inactive and you agree that we may close it for\nyou. You understand that you will lose access to any Content stored in your account upon\nclosure. Prior to closing your account for inactivity, we will attempt to provide notice to you.\nFor the avoidance of doubt, this section 5.2 (Account Inactivity) does not apply to paid\naccounts in good standing. \n\n6. User Conduct.\n6.1 Responsible Use. The Adobe communities often consist of users who expect a certain\ndegree of courtesy and professionalism. You must use the Services and Software responsibly.\n6.2 Misuse. You must not misuse the Services or Software. For example, you must not:\n(A) use the Services or Software without, or in violation of, a written licence or agreement with\nAdobe;\n(B) copy, modify, host, stream, sublicence or resell the Services or Software;\n(C) enable or allow others to use the Services or Software using your account information;\n(D) offer, use or permit the use of the Services or Software in a computer services business,\nthird-party outsourcing service, on a membership or subscription basis, on a service bureau\nbasis, on a time-sharing basis, as a part of a hosted service or on behalf of any third party;\n(E) use the Software to construct any kind of database or dataset;\n(F) access or attempt to access the Services or Software by any means other than the\ninterface we provide or authorise;\n(G) circumvent any access or use restrictions put into place to prevent certain uses of the\nServices or Software;\n(H) Share Content or Creative Cloud Customer Fonts or otherwise engage in behaviour that\nviolates anyone’s Intellectual Property Rights. “Intellectual Property Rights” means\ncopyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right\nof privacy, right of publicity and any other proprietary rights;\n(I) Share any Content that is unlawful, harmful, threatening, obscene, violent, abusive,\ntortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, hateful or\notherwise objectionable;\n(J) Share any Content that sexualises minors or that is intended to facilitate inappropriate\ninteractions with minors, other Adobe users or the public; \n(K) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation\nwith a person or entity;\n(L) attempt to disable, impair or destroy the Services or Software;\n(M) upload, transmit, store or make available any Content, Creative Cloud Customer Fonts or\ncode that contains any viruses, malicious code, malware or any components designed to\nharm or limit the functionality of the Services or Software; \n(N) disrupt, interfere with, or inhibit any other user from using the Services or Software (such\nas stalking, intimidation, harassment or incitement or promotion of violence or self-harm);\n(O) engage in chain letters, junk mails, pyramid schemes, phishing, spamming, fraudulent\nactivities or other unsolicited messages;\n(P) place an advertisement of any products or services in the Services except with our prior\nwritten approval;\n(Q) use any data mining or similar data gathering and extraction methods in connection with\nthe Services or Software, including data scraping for machine learning or other purposes;\n(R) artificially manipulate or disrupt the Services or Software (such as manipulating\nappreciations on Behance or driving users to third-party sites);\n\n(S) create Adobe accounts for the purpose of violating these terms or for circumventing\naccount termination or other types of actions taken by Adobe; \n(T) manipulate or otherwise display the Services or Software by using framing or similar\nnavigational technology; or\n(U) violate applicable law.\n7. Fees and Payment.\n7.1 Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees\n(including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan\ncharges, credit card fees, foreign exchange fees and foreign transaction fees). We are not\nresponsible for these fees. Contact your financial institution with questions about fees. We\nmay take steps to collect the fees you owe us. You are responsible for all related collection\ncosts and expenses. If you are located in a different country from the applicable Adobe entity\nwith which you are transacting (i.e., Adobe Inc. for North American customers and Adobe\nSystems Software Ireland Limited for customers in all other countries), your payments will be\nmade to a foreign entity.\n7.2 Credit Card Information. You authorise us to store your payment method and use it in\nconnection with your use of the Services and Software as described in your Subscription and\nCancellation Terms. To avoid interruption of your service, we may participate in programmes\nsupported by your card provider to try to update your payment information. You authorise us\nto continue billing your account with the updated information that we obtain.\n8. Your Warranty and Indemnification Obligations.\n8.1 Warranty. By uploading your Content to the Services or Software, you agree that you\nhave: (A) all necessary licences and permissions to use and Share your Content; and (B) the\nrights necessary to grant the licences in the Terms.\n8.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents,\nemployees, partners and licensors from any claim, demand, loss or damage, including\nreasonable solicitors’ fees, arising out of or related to your Content, Creative Cloud Customer\nFonts, your use of the Services or Software (as applicable) or your violation of the Terms. We\nhave the right to control the defence of any claim, action or matter subject to indemnification\nby you with counsel of our own choosing. You will fully cooperate with us in the defence of\nany such claim, action or matter.\n9. Disclaimers of Warranties.\n9.1 Unless stated in the Additional Terms, the Services and Software are provided “AS-\nIS.” To the maximum extent permitted by law, we disclaim all warranties, express or\nimplied, including the implied warranties of non-infringement, merchantability and\nfitness for a particular purpose. We make no commitments about the content within\n\nthe Services. We further disclaim any warranty that (A) the Services or Software will\nmeet your requirements or will be constantly available, uninterrupted, timely, secure\nor error-free; (B) the results obtained from the use of the Services or Software will be\neffective, accurate or reliable; (C) the quality of the Services or Software will meet\nyour expectations; or (D) any errors or defects in the Services or Software will be\ncorrected.\n9.2 We specifically disclaim all liability for any actions resulting from your use of any\nServices or Software. You may use and access the Services or Software at your own\ndiscretion and risk and you are solely responsible for any damage to your computer\nsystem or loss of data that results from the use of and access to any Service or\nSoftware.\n9.3 If you post your Content on our servers to publicly Share through the Services, we\nare not responsible for: (A) any loss, corruption or damage to your Content; (B) the\ndeletion of Content by anyone other than Adobe; or (C) the inclusion of your Content\nby third parties on other websites or in other media.\n10. Limitation of Liability.\n10.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for\nany special, incidental, indirect, consequential, moral, exemplary or punitive damages\nwhatsoever, regardless of cause, including losses and damages (A) resulting from loss\nof use, data, reputation, revenue or profits; (B) based on any theory of liability,\nincluding breach of contract or warranty, negligence or other tortious action; or (C)\narising out of or in connection with your use of or access to the Services or Software.\nNothing in the Terms limits or excludes our liability for gross negligence, intentional\nmisconduct of Adobe or its employees, death or personal injury.\n10.2 Our total liability in any matter arising out of or related to the Terms is limited to\nthe greater of (A) US $100; or (B) the aggregate amount that you paid for access to the\nServices and Software during the three-month period preceding the event giving rise\nto the liability. \n10.3 These limitations and exclusions in this section 10 (Limitation of Liability) apply to\nthe maximum extent permitted by law even if (A) a remedy does not fully compensate\nyou for any losses or fails of its essential purpose; or (B) we knew or should have\nknown about the possibility of damages.\n10.4 These Terms set forth the entire liability of Adobe and its affiliates as well as your\nexclusive remedy with respect to access and use of the Services and Software.\n11. Termination.\n\n11.1 Termination by You. You may stop using the Services and Software at any time.\nTermination of your account does not relieve you of any obligation to pay any outstanding\nfees.\n11.2 Termination by Us. If we terminate the Terms or your use of the Service(s) or Software\nfor reasons other than for cause, we will make reasonable efforts to notify you at least 30\ndays prior to termination via the email address you provide to us with instructions on how to\nretrieve your Content. Please note you may lose access to your Content upon termination, as\ndescribed in Section 4.4 (Termination of Licence). Unless stated in any Additional Terms, we\nmay, at any time, terminate or suspend your right to use and access the Services or Software\nif:\n(A) you breach any provision of the Terms (or act in a manner that clearly shows you do not\nintend to, or are unable to, comply with the Terms);\n(B) you fail to make the timely payment of fees for the Services or Software, if any;\n(C) you physically, verbally or through other means abuse, threaten, bully or harass us or our\npersonnel (in such circumstances, we may alternatively suspend or restrict your access to the\nServices or Software);\n(D) you have repeatedly made complaints in bad faith or without a reasonable basis and\ncontinue to do so after we have asked you to stop (in such circumstances, we may\nalternatively suspend or restrict your access to the Services or Software); \n(E) we are required to do so by law (for example, where the provision of the Services or\nSoftware to you is or becomes, unlawful);\n(F) we elect to discontinue the Services or Software, in whole or in part (such as if it becomes\nimpractical for us to continue offering Services in your region due to change of law); or\n(G) there has been an extended period of inactivity in your free account. \n11.3 Survival. Upon the expiration or termination of the Terms, some or all of the Services and\nSoftware may cease to operate without prior notice. Your indemnification obligations, our\nwarranty disclaimers and limitations of liabilities and dispute resolution provisions stated in\nthe Terms will survive.\n12. Trade Sanctions and Export Control Compliance. The Services and Software and your\nuse of them, are subject to laws, restrictions and regulations of the United States and other\njurisdictions that (A) govern the import, export and use of the Services and Software; and (B)\nmay prohibit us from providing the Services and Software to you without notice. By using the\nServices and Software, you agree to comply with all such laws, restrictions and regulations\nand you warrant that you are not prohibited from receiving the Services and Software by the\nlaws of any jurisdiction. \n13. Australian Consumer Law. Nothing in the Terms is intended to exclude, restrict or\nmodify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or\nany other legislation which may not be excluded, restricted or modified by agreement. If the\nCCA or any other legislation implies a condition, warranty or term into the Terms or provides\nstatutory guarantees in connection with the Terms, in respect of goods or services supplied\n\n(if any), our liability for breach of such a condition, warranty, other term or guarantee is limited\n(at our election), to the extent it is able to do so: (A) in the case of supply of goods, us doing\nany one or more of the following: (1) replacing the goods or supplying equivalent goods; (2)\nrepairing the goods; (3) paying the cost of replacing the goods or of acquiring equivalent\ngoods; and (4) paying the cost of having the goods repaired; or (B) in the case of supply of\nservices, our doing either or both of the following: (1) supplying the services again; and (2)\npaying the cost of having the services supplied again.\n14. Dispute Resolution.\n14.1 Process. If you have any concern or dispute, you agree to first try to resolve the dispute\ninformally by contacting us. If a dispute is not resolved within 30 days of receipt by us, any\nresulting legal actions must be resolved through final and binding arbitration, including any\nquestion of whether arbitration is required, except that you may assert claims in small claims\ncourt if your claims qualify. Claims related to the Terms, Services or Software are permanently\nbarred if not brought within one year of the event resulting in the claim.  \n14.2 Rules. If you reside in the Americas, JAMS will administer the arbitration in Santa Clara\nCounty, California pursuant to its Comprehensive Arbitration Rules and Procedures. If you\nreside in Australia, New Zealand, Japan, mainland China, Hong Kong SAR of China, Macau\nSAR of China, Taiwan region, South Korea, India, Sri Lanka, Bangladesh, Nepal or a member\nstate of the Association of Southeast Asian Nations (ASEAN), then the Singapore International\nArbitration Centre (SIAC) will administer the arbitration in Singapore under its Rules of\nArbitration, which rules are deemed to be incorporated by reference in this section.\nOtherwise, the London Court of International Arbitration (LCIA) will administer the arbitration\nin London under the LCIA Arbitration Rules. There will be one arbitrator that you and Adobe\nmutually select. The arbitration will be conducted in the English language, but any witness\nwhose native language is not English may give testimony in the witness’ native language, with\nsimultaneous translation into English (at the expense of the party presenting the witness).\nJudgement upon the award rendered may be entered and will be enforceable in any court of\ncompetent jurisdiction having jurisdiction over you and us.\n14.3 No Class Actions. You may only resolve disputes with us on an individual basis and\nyou may not bring a claim as a plaintiff or a class member in a class, consolidated or\nrepresentative action.\n14.4 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’\nunauthorised access to or use of the Services or Software in violation of the Terms, you agree\nthat we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal\nrelief) in any jurisdiction.\n15. Audit Rights. If you are a Business, then we may, no more than once every 12 months,\nupon seven 7 days’ prior notice to you, appoint our personnel or an independent third-party\nauditor who is obliged to maintain confidentiality to inspect (including manual inspection,\n\nelectronic methods or both) your records, systems and facilities to verify that your installation\nand use of any and all Services or Software is in conformity with its valid licences from us.\nAdditionally, you will provide us with all records and information requested by us within 30\ndays of our request in order for us to verify that the installation and use of any and all Services\nand Software is in conformity with your valid licences. If the verification discloses a shortfall in\nlicences for the Services or Software, you will immediately acquire any necessary licences,\nsubscriptions and applicable back maintenance and support. If the underpaid fees exceed\n5% of the value of the payable licence fees, then you will also pay for our reasonable cost of\nconducting the verification.\n16. Updates to Services and Software and Availability.\n16.1 Updates to the Services and Software. We may modify, update or discontinue the\nServices or Software (including any portions or features) at any time, without liability to you or\nanyone else. However, for changes to paid offerings, we will make reasonable efforts to notify\nyou of the modification, update or discontinuation. If we discontinue the Services or Software\nin its entirety, we will use reasonable commercial efforts to allow you to transition your\nContent and we may provide you with a pro rata refund for any unused fees for that Service or\nSoftware that you prepaid.\n16.2 Availability. Webpages describing the Services are accessible worldwide, but this does\nnot mean all Services or service features are available in your country or that user-generated\ncontent available via the Services is legal or available in your country. Access to certain\nServices (or certain Service features, Sample Files or Content Files) in certain countries may\nbe blocked by us or foreign governments. It is your responsibility to make sure your use of the\nServices is legal or available where you use them. Services are not available in all languages.\n17. No Modifications, Reverse Engineering. Except as expressly permitted in the Terms,\nyou may not (A) modify, port, adapt or translate any portion of the Services or Software; or (B)\nreverse engineer (including but not limited to monitoring or tracking the inputs and outputs\nflowing through a system or an application in order to recreate that system), decompile,\ndisassemble or otherwise attempt to discover, within any Service or Software, the source\ncode, data representations or underlying algorithms, processes, methods and any other\nportion of such Service or Software. If the laws of your jurisdiction give you the right to\ndecompile the Services or Software to obtain information necessary to render the licensed\nportions of the Services or Software interoperable with other software, you must first request\nsuch information from us. We may, in our discretion, either provide such information to you or\nimpose reasonable conditions, including a reasonable fee, on your decompilation of the\nServices or Software to ensure that our and our suppliers’ proprietary rights in the Services\nand Software are protected.\n18. Miscellaneous.\n\n18.1 English Version. The English version of the Terms will be the version used when\ninterpreting or construing the Terms.\n18.2 Notice to Adobe. You may send notices to us at the following address: Adobe Inc., 345\nPark Avenue, San Jose, California, 95110-2704, USA, Attention: General Counsel.\n18.3 Notice to You. We may notify you by email, postal mail, postings within the Services or\nother legally accepted means. It is your responsibility to keep your account information\ncurrent to receive notifications. \n18.4 Non-Assignment. You may not assign or otherwise transfer the Terms or your rights\nand obligations under the Terms, in whole or in part, without our written consent and any such\nattempt will be void. We may transfer our rights under the Terms to a third party.\n18.5 Government Terms. If you are an U.S. government entity or if the Terms become\nsubject to the Federal Acquisition Regulations (FAR), then, the Services and Software,\nprovided under the Terms are “Commercial Item(s),” as that term is defined at 48 C.F.R.\n§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software\nDocumentation” and services related thereto, as such terms are used in 48 C.F.R. §12.212 or\n48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-\n1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial\nComputer Software Documentation are being licensed to U.S. Federal Government End-users\n(A) only as Commercial Items; and (B) with only those rights as are granted to all other end-\nusers pursuant to the terms and conditions of the Terms. Unpublished rights are reserved\nunder the laws of the United States- Adobe Inc., 345 Park Avenue, San Jose, CA 95110-2704,\nUSA.\n18.6 Headings. Headings used in the Terms are provided for convenience only and will not be\nused to construe meaning or intent.\n18.7 Severability. If any provision of the Terms is held invalid or unenforceable for any reason,\nthe remainder of the Terms will continue in full force and effect.\n18.8 No Waiver. Our failure to enforce or exercise any provision of the Terms is not a waiver of\nthat provision.\n18.9 Force Majeure. Neither party will be liable to the other for any delay or failure to perform\nany obligation (other than your payment obligations to Adobe) under the Terms if the delay or\nfailure is due to unforeseen events, which occur after the effectiveness of the Terms and\nwhich are beyond the reasonable control of the parties, such as strikes, blockade, war,\nterrorism, riots, natural disasters, refusal of licence by the government or other governmental\nagencies, in so far as such an event prevents or delays the affected party from fulfilling its\nobligations and such party is not able to prevent or remove the force majeure at reasonable\ncost.\n\n19. DMCA. We respect the Intellectual Property Rights of others and we expect our users to\ndo the same. We will respond to clear notices of copyright infringement consistent with the\nDigital Millennium Copyright Act (“DMCA”). You can learn more about Adobe’s IP Takedown\npolicies and practices here.\nAdobe Inc.: 345 Park Avenue, San Jose, California 95110-2704\nAdobe Systems Software Ireland Limited: 4-6 Riverwalk, City West Business Campus,\nSaggart, Dublin 24\nAdobe_General_Terms_of_Use-en_US-20200416\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":1,"explanation":"Clause ensuring the right to retrieve all of the digital content belonging to the user after contract's termination"},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}