Effective November 30, 2010.
BY USING THE SERVICE (DEFINED BELOW), YOU AGREE (A) THAT ENGLISH LAW GOVERNS YOUR USE OF THE SERVICE IF YOU ARE A RESIDENT OF ANY JURISDICTION OTHER THAN THE UNITED STATES, MEXICO, OR CANADA; (B) THAT CALIFORNIA LAW GOVERNS YOUR USE OF THE SERVICE IF YOU ARE A RESIDENT OF THE UNITED STATES, MEXICO, OR CANADA; AND (C) TO THE TERMS REGARDING GOVERNING LAW AND VENUE SET FORTH IN SECTION 20 OF THE GENERAL TERMS (DEFINED BELOW) REGARDING RESOLUTION OF DISPUTES.
Your use of the Service(s) (as defined below) is subject to these Additional Terms, which supplement the Adobe.com Terms of Service ("General Terms") located at http://www.adobe.com/go/terms and incorporated herein by reference. The Service is controlled, operated and administered by Adobe Systems Incorporated, a United States company, from its offices in the U.S., and by clicking to accept this Agreement (as defined below) or by using the Service, you agree to be bound by (a) the terms of this Agreement; (b) the laws of the United States; and (c) Section 20 of the General Terms regarding the resolution of disputes. Adobe Systems Incorporated ("Adobe") reserves the right to update and change, from time to time, these Additional Terms, the General Terms, and all other documents incorporated by reference. If any future changes to this Agreement (as defined below) are unacceptable to you, (a) you should refuse to accept any updated terms proposed to you by Adobe; (b) you must discontinue using the Services; and (c) you may terminate this Agreement in accordance with Section 5 (Term and Termination). You can always find the most recent version of these Additional Terms at http://www.adobe.com/products/eulas/ and the most recent version of the General Terms at the URL indicated above. Capitalized terms used in these Additional Terms shall be defined as set forth in the General Terms or in these Additional Terms. In the event of any inconsistency between these Additional Terms and the General Terms, these Additional Terms shall control with respect to the Service.
"Actions" means a .sequ file(s) created by Adobe Acrobat X Pro, and if applicable future versions thereof, that creates a defined series of commands to use Adobe Acrobat X Pro features with specific settings and in a specific order that end users can apply in a single step.
"Content" means, collectively, Your Content (defined below) and Third Party Content (defined below).
"FormsCentral Design File" means a .fcdt file created using Adobe FormsCentral, and if applicable future versions thereof, that provides end user with a template for a Forms Central form file with specific settings and in a specific layout.
"Tool Set File" means a .aaui file created using Adobe XI Professional, and if applicable future versions thereof, that provides end user with an Acrobat XI file with specific settings and in a specific layout.
"Information" means personally identifiable information.
"Service(s)" means, individually and collectively, an Adobe hosted application(s) and content, made available by Acrobatusers.com in order to access, view, download, upload and use Acrobatusers.com and/or Content.
"PDF Portfolios" means PDF portfolios, PDF portfolio templates and PDF portfolio navigators (custom templates).
"Third Party Content" means User Content (specifically excluding Your Content), including PDF Portfolios and Actions if uploaded to the Service by third parties.
"Tool Set" means an .aaui file created using Adobe Acrobat XI, and if applicable future versions thereof, that creates a defined collection of tools to be activated by the end user for use in the Adobe Acrobat XI user interface.
"User" shall have the meaning set forth in the General Terms.
"Your Content’ means Your Content (as such term is defined in the General Terms), including PDF Portfolios, Actions, FormsCentral Design Files, Toolsets or any other files if uploaded by you to the Services.
3.Use of the Services.
3.2 Authority to Use Services. You represent and warrant that you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder, including having a valid license to use the software applications that generate Content, and the right to maintain Your Content and your Information on the Services. Otherwise, you are not permitted to maintain Your Content or such Information on the Services.
3.3 Access to Services. You acknowledge that your ability to access the Services may require the payment of third party fees (such as telephone toll charges, ISP, or airtime charges) and that you are responsible for paying such fees. Adobe is not responsible for any equipment you may need to be able to access the Services. The Services may not be available in all languages.
3.4 Commercial and Non-Commercial Use. By uploading Your Content to the Service you understand that Your Content may be used by another User for any purpose, including commercial purposes such as within a business's organization or in advertisements. By uploading Your Content to the Service, you acknowledge (a) Your Content is publicly available and retrievable without restriction; and (b) you may not receive any consideration or acknowledgement as the original creator of such content if Your Content is used in any way by any User.
3.5 Your Confidential Information. Adobe is not responsible for any confidential information, trade secrets, or other sensitive information you display in Your Content. You are solely responsible for all disclosures of confidential information displayed in Your Content. You are responsible for all activity occurring under your Account Information (as defined in the General Terms), and you must keep your Account Information confidential and not share your Account Information with other individuals or third parties.
4. License to Use the Services.
Subject to your compliance with the terms and conditions of this Agreement, Adobe grants to you a non-exclusive, non-transferable, revocable right to access and use the Services, including but not limited to uploading Your Content and downloading Third Party Content in accordance with the terms and conditions of this Agreement. You shall not alter or remove any Marks or Adobe copyright notices included in the Service.
5. Your Content.
5.1 By uploading Your Content to the Services, you grant to Adobe a perpetual, non-exclusive, non-transferable, royalty free, irrevocable right and license to access, sublicense, distribute, reproduce, modify, host, and use Your Content for any purpose, including but not limited to commercial purposes. By uploading Your Content to the Services you grant to all Users a perpetual, non-exclusive, non-transferable, royalty free, irrevocable right and license to access, sublicense, redistribute, modify, and use Your Content for any purpose, including but not limited to commercial purposes. To remove Your Content from acrobatusers.com, you must send an email to firstname.lastname@example.org.
5.2 Adobe shall review Your Content upon submission. At Adobe's sole discretion, Adobe may post Your Content to the Services. Your Content must comply with the General Terms, including but not limited to Section 6(d) (User Conduct). You may or may not receive notification from Adobe indicating whether Your Content was received, posted and/or rejected.
6. Term and Termination.
6.1 This Agreement will continue to apply until terminated by either you or Adobe as set forth in the General Terms. In addition to the reasons Adobe may terminate this Agreement with you as set forth in the General Terms, Adobe may terminate this Agreement if your Services account is used by any third parties.
6.2 Upon expiration or termination of this Agreement, you shall promptly discontinue use of the Services. In addition to the sections set forth in Section 13(f) of the General Terms, however, the following sections of these Additional Terms shall survive any expiration or termination of this Agreement: 1, 3.2, 3.4, 5, 6.2, and 8.
7.1 Use Restrictions. In addition to the restrictions set forth in the General Terms, in connection with your access or use of the Services, you agree not to: (a) host, on a subscription basis or otherwise, the Services, including any related application; (b) permit a third party to use the Services to create, transmit, or protect any content; (c) disclose, harvest, or otherwise collect Information, including e-mail addresses, or other private information about any third party without that party's express consent; (d) sell, lease, or rent access to or use of the Services, or otherwise transfer any rights to use the Services under this Agreement (including without limitation, on a timeshare or service bureau basis); or (e) defraud, defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
8.2 Non-U.S. Residents. You agree and acknowledge that your Information collected through the Services or in connection with the Services is collected on behalf of Adobe Systems Incorporated and may be transferred across national boundaries and stored and processed in any of the countries around the world in which Adobe maintains offices, including the United States.
8.4 Storage and Use of Information. Adobe stores your Information in accordance with Adobe's then-current storage policies. Adobe may delete, as applicable, all or portions of your Information or Information of Participants upon termination of this Agreement.
8.6 Communications from Adobe. Notwithstanding any communications preferences indicated by you, Adobe may send to you service-related e-mails regarding service maintenance events or modifications to the functionality or delivery of the Services.
9.1 Availability of the Services. Adobe uses reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond Adobe's control. Adobe will take reasonable steps to minimize such disruption, to the extent it is within Adobe's reasonable control. The Services may not be available in all languages.
9.2 Availability of the Support Forums. Adobe may make available from time to time forums such as http://www.acrobatusers.com/forums on which you may seek help regarding your use of the Services. Such forums may not be available in all languages.