Adobe Marketing Cloud Terms of Use

Last updated July 30, 2013.

Notice to User: Adobe grants you access to and use of the Adobe Marketing Cloud products and services for which you have a valid and current license (the “Services”) only on the condition that you, a user of the Services, (“You”) accept all of the terms contained or referenced in these Terms of Use.

1. Your Agreement With Adobe.

1.1 Your access to and use of the Services is governed by the written licensing terms previously agreed to in a separate agreement between You, your employer, or some other company You represent and:

(a) Adobe Systems Incorporated or Adobe Systems Software Ireland Limited and its agents and affiliates (collectively, “Adobe”); or

(b) an authorized Adobe reseller.

1.2 If You, your employer, or some other company You represent have not previously agreed to licensing terms, then your access, installation, and use of the Services is subject to the current applicable Adobe Enterprise Licensing Terms available at http://​​go/​enterprise_licensing.

If Section 1.2 applies then:

(a) Your acceptance of these Terms of Use, as described in Section 2, is on behalf of yourself and the entity for which You are authorized to act (e.g., an employer or client) and You acknowledge that such entity is legally bound by the Adobe Enterprise Licensing Terms. You represent and warrant that You have the right, power, and authority to act on behalf of and bind such entity.

(b) If there is no such entity for which You are authorized to act, You accept the Adobe Enterprise Licensing Terms referenced in Section 1.2 on behalf of yourself as an individual and acknowledge that You are legally bound by these terms.

1.3 “Agreement” as used in these Terms of Use means either Section 1.1 or Section 1.2, as applicable. The Agreement is incorporated into these Terms of Use. In the event of conflict between the Agreement and these Terms of Use, the Agreement will apply.

1.4 The Services are not available to competitors of Adobe, and competitors of Adobe are hereby expressly prohibited from using or accessing the Services.

2. Acceptance of Terms of Use by You.

2.1 You may not access or use the Services if You do not agree to the terms of these Terms of Use.

2.2 You may not use the Services if You are:

(a) prohibited by law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (“Law”) from receiving or using the Services; or

(b) not fully able and competent to enter into a binding contract with Adobe, such as if You are not of legal age or have not obtained parental consent. In particular You affirm that You are over the age of 13 and acknowledge that these Services are not intended for children under 13.

2.3 By selecting the “Accept” button or other button or mechanism designed to acknowledge agreement to the terms of an electronic copy of these Terms of Use, or by installing, downloading, accessing, or otherwise copying or using all or any portion of the Services, You accept and agree that:

(a) these Terms of Use will have the same effect as any written negotiated agreement signed by You,

(b) You are legally bound by all of the terms and conditions of these Terms of Use including all terms incorporated by reference, and

(c) You will act in a manner consistent with these Terms of Use.

2.4 Adobe may update the Terms of Use from time to time and require You to provide your acceptance of the updated Terms of Use before further use of the Services is permitted.

2.5 These Terms of Use are enforceable against any person or entity that accesses, installs, or uses the Services and any person or entity (e.g., system integrator, consultant, or contractor) that installs or uses the Services on behalf of another person or entity.

3. Privacy Policy.

3.1 For information about Adobe’s data protection and collection practices, please read the Adobe Privacy Policy at http://​​go/​privacy, which is incorporated herein by reference. You agree to Adobe’s use of your data in accordance with the Privacy Policy.

3.2 You represent and warrant that You will not transmit, provide, or otherwise make available to Adobe sensitive personal information about other individuals, including but not limited to other employees, customers, partners, or site visitors. Sensitive personal information includes but is not limited to information regarding a minor, financial information, and medical or health information.

4. Materials.

4.1 “Adobe Materials” mean any Materials provided by Adobe under these Terms. Adobe Materials does not include “Customer Data” and “Customer Content,” as defined in the Agreement.

4.2 “Materials” means any materials provided by You or Adobe, including without limitation any (a) user material; (b) reports, text, code, data, documents, images, photographs, graphics, audio, videos, or webcasts; (c)  products; or (d) Software.

4.3 “Software” means Adobe software code and associated documentation, including without limitation any mobile and tablet applications related to the Services, content files, drivers, patches, or fonts.

4.4 During your use of the Services You, Adobe, or other third parties may email, post, transmit, upload, or otherwise provide or make available (“Share”) certain content and Materials.

4.5 You agree that You are entirely responsible for all Materials that You Share (“Your Materials”), whether publicly posted or privately transmitted. You assume all risks associated with use of Your Materials, including any reliance on its accuracy, completeness, or usefulness.

4.6 Licenses to Your Materials. Adobe requires certain licenses from You with respect to Your Materials in order to operate and enable the Services. Accordingly, You grant the licenses to Your Materials as follows:

(a) For Your Materials that are Shared in a public forum (such as discussion boards or public galleries that may be browsed by anyone with an internet connection, etc.), You grant Adobe a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to adapt, display, distribute, modify, perform, publish, reproduce, translate, and use Your Materials for the purpose of operating and improving the Services and enabling your use of the Services. You may revoke the license and terminate Adobe’s rights at any time by making it no longer Shared.

(b) For Your Materials that are Shared in a public forum or shared privately with other users of your choosing, You grant other users a worldwide, royalty-free, non-exclusive, transferrable, and sublicensable license to display, distribute, perform, and reproduce Your Materials. If You join or participate in a group that allows for sharing of Your Materials within the group (such as a “group album” or shared workspace), then You also grant the users within the group a license to adapt and modify Your Materials that You have decided to share with such group. If You do not want to grant other users these rights, then don’t Share Your Materials with other users.

(c) For Your Materials that are shared privately with other users of your choosing, You grant Adobe a worldwide, royalty-free, non-exclusive, transferrable, and sublicensable license  to distribute, modify, publish, reproduce, translate, and use Your Materials for the purpose of operating and improving the Services and enabling your use of the Services. You may revoke this license and terminate Adobe’s rights at any time by removing Your Materials from the Service; provided that You agree that Adobe may retain and use copies of Your Materials for archival or “backup” purposes and pursuant to Section 11 (Investigations).

4.7 You acknowledge that the Services are automated (e.g., Your Materials are uploaded using Software tools) and that Adobe personnel will not access, view, or listen to any of Your Materials, except as reasonably necessary to perform the Services, including but not limited to the following:

(a) respond to support requests;

(b) detect, prevent, or otherwise address fraud, security, or technical issues;

(c) as deemed necessary or advisable by Adobe in good faith to conform to legal requirements or comply with legal processes; or

(d) enforce these Terms of Use, including investigation of potential violations hereof, as further described in Section 11 (Investigations).

4.8 You acknowledge and agree that although Adobe endeavors to provide security measures to protect Your Materials (including Your Materials that You Shared privately), Adobe is not liable for any damages resulting from the disclosure of Your Materials.

5. Use of Services and Adobe Materials.

5.1 Your access to and use of the Services may give You access to Adobe Materials and message boards, whether accessed through the Adobe Marketing Cloud website or otherwise.

5.2 You agree that You do not own Adobe Materials or Services, and You will not limit Adobe or its third party suppliers in any way from developing, using, licensing, distributing, modifying, or otherwise freely exploiting such Adobe Materials or Services.

5.3 Except as expressly permitted in these Terms of Use, You may not copy, use, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means the Services or Adobe Materials.

5.4 You will not share or otherwise disclose the Adobe Materials or Services to a competitor of Adobe.

5.5 Except with respect to Your Materials, You agree:

(a) You will not alter, modify, create derivative works of, adapt, or translate the Services or Materials, except as expressly allow under the terms of the Agreement;

(b) You will not copy, use, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means the Services or Materials, except as expressly allowed under the terms of the Agreement;

(c) You will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services delivered in object code;

(d) You will not remove, obscure, or alter any text or proprietary notices contained in the Services or Materials;

(e) You will not copy or imitate part or all of the design, layout, or look-and-feel of the Service, which are protected by copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, and any other intellectual and proprietary rights (“Intellectual Property Rights”).

(f) You will not use the message boards or any other part of this Site to report bugs or voice discontent (if You wish to raise a concern, we encourage You to contact Adobe Client Care directly);

(g) You will not access or use the Services and Materials for any purpose other than for the licensee's internal business purposes and in accordance with these Terms of Use and Agreement;

(h) You will not permit any third party to access or use the Services;

(i) You will use the Services and the Materials only as permitted by the Agreement and any Law; and

(j) that certain Services and Materials may be available only if You have paid a fee or have provided certain Account Information.

6. Intellectual Property.

6.1 Services and Adobe Materials. The Services and Adobe Materials are protected by Intellectual Property Rights. Except as expressly provided in the Agreement, Adobe and its licensors do not grant any express or implied rights to use the Services and Adobe Materials. All rights, title, and interest in the Services and Adobe Materials, in all languages, formats, and media throughout the world, are and will continue to be the exclusive property of Adobe and/or its licensors and nothing in these Terms of Use shall be construed to confer any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights, to You or any third party.

6.2 Trademarks. The trademarks, logos, and service marks displayed on the Services (“Marks”) are the property of Adobe or other rights holders. You are not permitted to use the Marks without the prior written consent of Adobe or the rights holder. Adobe and the Adobe logo are trademarks of Adobe Systems Incorporated. For a current list of Adobe’s Marks, as well as certain third party Marks, please refer to the posted trademark information at http://​​go/​trademarks.

6.3 Feedback. You have no obligation to provide Adobe with ideas, suggestions, or proposals (“Feedback”). However, if You submit Feedback to Adobe, we may use it for any purpose without compensation to You. All rights, title, and interest in any product or service that Adobe may create from Feedback will be the exclusive property of Adobe and nothing in these Terms of Use shall be construed to confer any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights, to You or any third party for such products or services.

6.4 Message Boards. Adobe owns all content and Materials posted to the message boards, including text, ideas, code, samples, and images. Adobe may use, reproduce, adapt, modify, publish, translate, create derivative works from, communicate to the public, and display any content in the message boards.

7. Account Information and Log-in.

When You register for a Service, You will provide to Adobe information related to your account and create log-in credentials, including an account password (“Account Information”). You agree that you will always keep your Account Information complete, accurate, and up-to-date. It is your responsibility to keep your account password or log-in credentials confidential at all times and You are solely responsible to Adobe for all activity that occurs via your Account. You also agree that You will not create Account Information for a third party who is not authorized to access the Services. If You become aware of any unauthorized use of your account or Account Information, or any other breach of security, You agree to notify Adobe by contacting Support at http://​​go/​support_contact. Adobe may require that You change your Account Information or certain parts of your Account Information at any time for any reason. Unless Adobe expressly allows You the right to create and manage Adobe IDs as an account administrator for a company or unless expressly permitted in the Agreement, You may not use another person’s Account Information.

8. User Conduct and Message Boards.

8.1 You agree not to access or attempt to access the Services by any means other than the interface provided by Adobe or circumvent any access or use restrictions put into place to prevent certain uses of the Services, except as expressly allowed under the terms of the Agreement.

8.2 You agree not to use, or to encourage or permit others to use, the Services, including message boards, to:

(a) Share any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable (note that vulgarity, obscenity, or profanity masked by obscuring or changing one or more letters of the original word is considered equivalent to the actual objectionable word and is not allowed);

(b) send or post derogatory comments directed at individuals (including public figures) or corporations (including Adobe or any Adobe customers);

(c) market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Adobe;

(d) promote the use of illegal drugs, alcohol, sex, pornography or any other form of adult content, profanity, hate, "spamming", fraud, racism, or any illegal activity;

(e) stalk, intimidate, and/or harass another;

(f) incite others to commit violence;

(g) harm minors in any way;

(h) Share any Material that You do not have a right to Share under any Law or contractual or fiduciary relationship;

(i) Share any Material that infringes any Intellectual Property Right or other proprietary right of any party;

(j) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(k) forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;

(l) use the Services or Materials such that it will mislead a user into believing that they are interacting directly with Adobe or any Service;

(m) engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys, or other duplicative or unsolicited messages (commercial or otherwise);

(n) use any Adobe domain name as a pseudonymous return email address;

(o) share any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

(p) access or use the Services in any manner that could damage, disable, overburden, or impair any Adobe server or the networks connected to any Adobe server;

(q) intentionally or unintentionally interfere with or disrupt the Services or violate any applicable Laws related to the access to or use of the Services, violate any requirements, procedures, policies, or regulations of networks connected to the Services, or engage in any activity prohibited by the Agreement;

(r) disrupt or interfere with the security of, or otherwise cause harm to, the Services, Materials, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Services or any affiliated or linked sites;

(s) disrupt, interfere with, or inhibit any other user from using and enjoying the Services or Materials, or other affiliated or linked sites, Services, or Materials;

(t) access or attempt to access any Material that You are not authorized to access or through any means not intentionally made available through the Services;

(u) reproduce, sell, trade, resell, or exploit for any commercial purpose, any portion of the Services or any Materials, use of any Service or Materials, or access to any Service or Materials;

(v) host, on a subscription basis or otherwise, the Services without Adobe’s authorization, including any related application, (i) to permit a third party to use the Services to create, transmit, or protect any content, or (ii) to conduct conferences or online meeting services for a third party; or

(w) defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

8.3 Adobe reserves the right to terminate your access to the message boards and Services at any time. Violations of any of these Terms of Use will result in your banishment from the message boards and Services for an indefinite time period.

8.4 You agree to comply with all applicable privacy and data protection laws, if sharing any message, posting information, or personal information (including but not limited to names and email addresses) from the message boards.

8.5 Content from the message boards may NOT be copied, reproduced, transmitted, distributed, or published outside of the message board. The content is strictly for use within the message boards or on any Adobe-approved material. Adobe reserves the right to edit and delete content that in any way violates these Terms of Use.

9. International Users.

9.1 The Services can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that Adobe intends to announce such Services or Materials in your country.

9.2 These Services are controlled, operated, and administered by Adobe Systems Incorporated from its offices in the United States of America. Adobe makes no representation that the Services or Materials are appropriate or available for use outside of the United States. Adobe reserves the right to block access to the Services or Materials by certain international users. If You access the Services from a location outside the United States, then You are responsible for compliance with all local Laws.

10. Export Control Laws.

10.1 You acknowledge that the Services, Software, and Materials are subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that You will comply with the Export Laws. You will not ship, transfer, export, or re-export the Software or Materials, directly or indirectly, to:

(a) any countries that are subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria) (each, an “Embargoed Country”),

(b) any end user whom You know or have reason to know will utilize them in the design, development, or production of nuclear, chemical, or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems (each, a “Prohibited Use”), or

(c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government (each, a “Sanctioned Party”).

10.2 In addition, You are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export, or use the Services, Software, or Materials. You represent and warrant that

(a) You are not a citizen of, or located within, an Embargoed Country,

(b) You will not use the Services, Software, or Materials for a Prohibited Use, and

(c) You are not a Sanctioned Party.

10.3 All rights to use the Services, Software, and Materials are granted on condition that such rights are forfeited if You fail to comply with these Terms of Use. If Adobe has knowledge that a violation has occurred, Adobe may be prohibited from providing You and support for the Services, Software, or Materials.

11. Investigation.

Adobe will have the right to investigate and prosecute violations of these Terms of Use, and may involve law enforcement authorities in such prosecution. You acknowledge that Adobe has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of providing the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

12. Force Majeure.

Neither You or Adobe shall be liable for any default or delay in the performance of its obligations under these Terms of Use if such default or delay results from causes beyond its reasonable control, including but not limited to acts of God, terrorism, labor action, fire, flood, earthquake, governmental acts, orders, or restrictions, third party suppliers, denial of service attacks and other malicious conduct, utility failures, or power outages.

13. Notice to U.S. Government.

End Users: The Software and Documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” 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. 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 herein. Unpublished-rights reserved under the copyright laws of the United States.

Adobe Systems Incorporated: 345 Park Avenue, San Jose, California 95110-2704

Adobe Systems Software Ireland Limited: 4-6 Riverwalk, Citywest Business Campus, Dublin 24