Adobe InContext Editing Terms of Use

Last Updated April 29th, 2009

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Adobe InContext Editing
Additional Terms of Use

1. Acceptance of InContext Editing Terms of Use

Welcome to Adobe's InContext Editing service (the "Service"). Your use of the Service is subject to these Additional Terms which supplement the Adobe.com Terms of Service ("General Terms") located at http://www.adobe.com/misc/copyright.html and incorporated herein by reference. Adobe Systems Incorporated ("Adobe") reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference. You can always find the most recent version of these Additional Terms at http://incontextediting.adobe.com/terms_of_use/ and the most recent version of the General Terms at the URL indicated above. Capitalized terms used in these Additional Terms shall be defined as set forth in the General Terms or in these Additional Terms. In the event of any inconsistency between these Additional Terms and the General Terms, these Additional Terms shall control with respect to the Service.

2. Description of the Service and Definitions

With an Adobe InContext Editing Account, you have access to certain services, features and tools on http://incontextediting.adobe.com/, including but not limited to, the ability to add your web page FTP Details (as defined below) and edit and maintain web pages within the web browser using the Service. As a Web Developer, you also have the ability to designate editable regions on a web page by (a) using Dreamweaver CS4 or higher, or (b) within the InContext Editing service. For more details about this feature see http://www.adobe.com/go/learn_create_er_in_browser_en.

A user who has been assigned a "Publisher" can edit and publish web page content. Also, Web Developers and Publishers, have the ability to (a) invite individuals within their organization or other third parties, such external customers or clients, to join the Service and edit web pages using the Service and (b) assign to such individuals privileges to administer various functions of the service, as applicable. For example, a user who has been assigned an "Editor" by another user, can edit web page content, but cannot publish such content. In addition, Web Developers and Publishers may also revoke user permissions. The content of your web page that you edit using the Service shall be hereinafter referred to as "Your Content." Any portions of Your Content that you choose to invite other users ("Other Users") or group of users of the Service ( "Group") to edit using the Service shall be hereinafter referred to as "Shared Group Content". You are solely responsible for applying the appropriate level of access to Shared Group Content. Content that Other Users enable you to edit shall be hereinafter referred to as "Shared Content".

3. Collection of Personal Information

The terms of the Adobe Online Privacy Policy and the terms of this Section 3 (Collection of Personal Information) govern Adobe's collection and use of your information. This Section 3 describes the collection of information by this Service that takes place in addition to what is described in the Adobe Online Privacy Policy.

What Adobe Collects

(i) Information You Provide to Adobe - Required
When you register to use the Service, you are required to provide certain information as part of the registration process which may include, but is not limited to, your first and last name, a valid email address, a password, your country of residence, and your credit card information in the case of paid memberships ("Required Personal Data"). If you do not provide such data, you will not be permitted to create an account and will not be able to interact with the service. In addition, in order to use the Service to enable a web page to be edited by others you designate, you are also required to provide your web page FTP Details (defined below), which shall also be referred to as Required Personal Data. If you do not provide FTP Details, you will not be able to invite others to use the Service to edit web page content.

(ii) Information You Provide to Adobe - Optional
Adobe might request that you provide us with additional information that tells us more about you - more about your interests, hobbies, preferences, demographic, how you learned about the Service and what other Adobe products and services you use ("Optional Personal Data"). You are under no obligation to provide this information to Adobe; it is completely voluntary.

(iii) Automatic Information Gathering - Required
Once you register for the Service, and whenever you sign in and use the Service thereafter, Adobe automatically collects and retains certain information about your behaviors while using the Service including, but not limited to the following:
(a) Web page editing events, including but not limited to, the URL of the edited web page, the name and email of a user who has edited a web page, and such user's editing events;
(b) Invitation events and current status of invitations, including but not limited to, the sender and recipient name and email address, invitations accepted and rejected, and cancelled invitations; and
(c) User access and permission levels.
Adobe may collect other information, such as the amount of storage space you are using, which editing features you use or do not use, the date and time of each sign-in, etc. ("Specific Server Data"). Collection of this information is integral to the Service offering, and, as we explain in Section 3(b)(i) below, we cannot provide the functionality of the Service without it. If you do not wish to have this information collected by Adobe and used for the purposes described below, then please do not use the Service.
How Adobe Uses Your Information

(i) Operation of the Service
Adobe uses the Required Personal Data and the Specific Server Data for purposes of operating the Service including for purposes of communicating to you about operational topics. For instance, if your membership is about to expire, we will use the information you provide to communicate that fact to you. In order to honor your assigned user access levels, we rely on Specific Server Data.

(ii) Analysis
Some of the Optional Personal Data and Specific Server Data is used by Adobe for improving our Service and for internal auditing, analysis and reporting purposes.

(iii) Personalization
The Adobe InContext Editing Service is a smart and dynamic service meaning that part of the value Adobe offers through this Service is a customized experience where we present various types of information and content about the Service that we think You will find relevant. As a result, some of the Required Personal Data, Optional Personal Data and Specific Server Data is used by Adobe for purposes that include, but are not limited to, delivering and displaying customized dynamic content and providing messages to you about the Service and your use of the Service ("Customized Content"). This content will be shared with, delivered and displayed to you in a number of ways, including within the Service and through email messages (provided you have opted to receive email communications from Adobe).
Additionally, if you provided Optional Personal Data, we might take Personalization to another level. For instance, we might use that information to send you tips, tricks and other content relevant to your use of the Service. Please note that if you do not provide us with this information, we will not be able to provide such benefits to you. However, even if you do not provide such Optional Personal Data, Adobe will continue to provide general content to you.

(iv) Contextual Advertising
Adobe may also use Required Personal Data, Optional Personal Data and Specific Server Data to advertise new products and services including those offered by Adobe and by third parties that we think will be of interest to you in light of your behaviors while using the Service ("Contextual Ads"). These Contextual Ads may be shared with, delivered and displayed to you in a number of ways including within the Service and through email messages (provided you have opted to receive email communications from Adobe). If Adobe adds this feature, you will be able to choose whether or not to have your information used for such purpose by changing your marketing preferences within the Service by accessing the "Your Account" tab. However, Adobe will continue to provide general advertising from within the service and through email communications (provided you have opted to receive email communications from Adobe).

(v) Email Marketing Communications
We might use the various types of information we collect to communicate with you via email for marketing purposes. If you do not wish to receive marketing based email communications from Adobe, you can opt-out at the time of registration or you can change your marketing preferences any time thereafter by accessing the "Your Account" tab.

4. File Transfer Protocol (FTP) Details

In order to use the Service to edit a web page, Adobe will require you to provide a valid email address and your web page File Transfer Protocol (FTP) details. Such FTP details are used by Adobe solely with the Service, only for so long as there is a valid user that has been granted permission and access to edit the web page and for a reasonable time after all user accounts associated with such FTP details have either expired or otherwise terminated.

5. Sharing Your Content

One of the main purposes of the Service is to enable you to invite other users to make certain edits to Your Content using the Service depending on the level of permission you grant. The Service enables you to do this by using the "email" function to send an email invitation, containing a URL link to Your Content, to recipients of your choosing. Once you invite and enable other users to make edits to Your Content using the Service, you will be granting Other Users certain rights in and to your Shared Group Content as further described below in Sections 7 (b) and in Section 5(b) of the General Terms. Please know that when you share Your Content, you may also make your first and last name, email address and/or your FTP Details available to other users you have invited to edit your web page. In addition, when you edit a web page, you may also make your first and last name, email and the edits you have made to a web page available to other users who have been invited to edit that web page as well.

6. Information of Other Users

Information that you provide about other individuals for invitation and editing features within the Service, such as an individual's name and email address, is used by Adobe to facilitate your ability to communicate with such individuals via the Service and is not used by Adobe for any other purpose. As between Adobe and you, you shall have sole responsibility for any and all personal information of Other Users used and submitted in connection with the Services, and Adobe shall have no responsibility in connection thereto. You shall comply with all data protection and privacy laws and rules applicable to the personal information of Other Users. You shall defend, indemnify, and hold harmless Adobe from any claim, suit or proceeding brought against Adobe by an Other User in connection with any acts or omissions with regards to such personal information of Other Users. E-mail messages related to the Services are generally sent to Other Users by you and not by Adobe. As a result, even though certain Other Users may have opted-out from receiving communications from Adobe, such Other Users may receive certain Service-related e-mail messages sent by you. In addition, if applicable, Adobe may send e-mails to Other Users in your name as your agent, at your request, and on your behalf. You are solely responsible for such e-mail messages and the contents thereof.
If you are invited by a user of the Service to participate in shared digital content editing or viewing, and you do not wish to receive email from such user or do not wish to participate, you are required to contact the person who invited you to update, correct or delete the information they provided about you. In general, even though we might delete an account you hold with us in these types of shared editing or viewing areas, we may continue to retain information regarding your past actions with respect to content reviews or sharing initiated by others.

7. Use of Your Content

This section hereby replaces Section 8(a) ("Use of Your Content") of the General Terms.

By Adobe
Adobe does not claim ownership of Your Content. However, we do need certain rights from you, with respect to Your Content, in order to operate the Service and in order to enable you to do all the things this Service affords you the ability to do. Therefore, with respect to Your Content, you grant Adobe a worldwide (because the internet is global), royalty-free (meaning we do not owe you any money), nonexclusive (meaning you are free to license Your Content to others) fully sublicensable (so that we can permit our affiliates, subcontractors and agents to deliver the Service on our behalf) license to use, reproduce, distribute and modify Your Content solely for the purposes of operating the Service and enabling your use of the Service. With respect to your Shared Group Content, you additionally grant Adobe the rights to distribute, publicly perform, publicly display your Shared Group Content (in whole or in part) for the sole purposes of operating the Service and enabling your use of the Service and to sublicense your Shared Group Content to Other Users in accordance the limitations in Section 5(b) of the General Terms. Further, you may terminate Adobe's right to publicly perform and publicly display your Shared Group Content by making it no longer shared. You may terminate the remainder of Adobe's rights by removing Your Content from the Service. (Detailed instructions on how to do these things can be found at http://www.adobe.com/go/learn_dw_incontextediting_administration_guide_en). Upon removal of Your Content from the Service or upon making your Shared Group Content no longer shared, Adobe shall have a reasonable time to cease use, distribution and/or display of Your Content. However, you acknowledge and agree that Adobe shall have the right to keep archived copies of Your Content.
By Other Users
You hereby grant Other Users a worldwide (because the internet is global), royalty-free (meaning that Other Users do not owe you any money), nonexclusive (meaning you are free to license Your Content to others) license to use, reproduce, distribute, modify, publicly perform and publicly display your Shared Group Content consistent with the level of permission you have assigned to such Other Users or Group. If you do not wish to grant these rights in your Shared Group Content then do not share Your Content with Other Users. While you have the ability to remove Your Content from the Service and thus prevent future licenses from being granted, you acknowledge and agree that once Your Shared Content has been shared, Adobe can neither monitor nor control what Other Users do with it. Detailed instructions on how to remove Your Content from the Service can be found at http://www.adobe.com/go/learn_dw_incontextediting_administration_guide_en).

8. Availability

Adobe uses reasonable efforts to make the Service available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control. We will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control.

9. Termination

(a) Termination by You
You may stop using the Service at any time. To terminate your Service account contact Support at http://www.adobe.com/support/contact/.
(b) Termination by Adobe
In addition to the rights that Adobe retains to modify or terminate the Service in accordance with Sections 12 and 13 of the General Terms, a condition of your Membership Account is your "Active Participation" in the Service. Active Participation is defined as signing into the Service at least once every 12 months, in the case of free memberships, or having a current paid subscription to the Service, in the case of paid memberships. Sign in or paid subscriptions through third-party offerings do not count towards Active Participation. If you cease Active Participation for any reason, Adobe may terminate your Membership Account (or any part thereof) pursuant to Section 10 (c)(ii).
Effect of Termination
(i) Upon the termination of your use of the Service by you or by Adobe due to a breach by you of these Additional Terms or the General Terms, Adobe will close your account without notice. (ii) Upon termination of your use of the Service for any reason other than under Section 10 (c)(i), or upon termination of the Service altogether, Adobe will provide you with thirty (30) days notice, sent to you at the email address you provide to Adobe as part of your registration.