Last updated on September 7, 2011. Changes are not marked in red. Please read entire document.
Please also note that these revised terms will apply to all Content as of the Effective Date.
ADOBE ONLINE SERVICES MADE AVAILABLE ON ACROBAT.COM
ADDITIONAL TERMS OF USE
1. Acceptance of Adobe.com Terms of Use.
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. The General Terms are 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 using the Service, you agree to be bound by the laws of the United States and 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/go/terms 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. Definitions.
"Add-In" means the ConnectNow add-in, a client software application/module that is automatically delivered to you on an as-needed basis so that you may use certain features of Adobe ConnectNow (such as screen sharing or enhanced audio) and any modified versions and copies of, and upgrades, updates and additions thereto, provided to you by Adobe at any time.
"Adobe Online Privacy Policy" means the Adobe Online Privacy Policy, which is located at http://www.adobe.com/go/privacy or any successor Web site thereto.
"Agreement" means these Additional Terms, the General Terms, and the Adobe Online Privacy Policy.
"Content" means all proprietary fonts owned by a party other than Adobe, Your Content, Shared Group Content, Materials of Participants, and any other information or materials uploaded by or on behalf of you or Participants in connection with the use of the Service.
"Information" means personally identifiable information.
"Participant" means a third party who interacts with the Services as a result of such party's relationship with or connection to you.
"Service(s)" means, individually and collectively, an Adobe hosted application(s) made available by or on Acrobat.com.
3. Use of the Services.
3.1 Your Agreement. Your assent to this Agreement allows you to use one or more of the Services. This Agreement is enforceable against you and, if applicable, to a particular Service, any legal entity on whose behalf the Service is used. Adobe may discontinue or add new Services, aspects, or features to certain Services ("Features") from time to time at its sole discretion. If new or amended terms for such new Services or Features are presented to you by Adobe, you are not entitled to use any Services or Features unless you agree to such new or amended terms. In addition, changes to the Adobe Online Privacy Policy and the General Terms may also occur from time to time, and changes will be communicated via the adobe.com Web site.
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 Content and your Information or the Information of Participants on the Services. Otherwise, you are not permitted to maintain 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 Individual Use. Notwithstanding anything set forth in this Agreement to the contrary (except as set forth in Section 9.4.2 (Group Use)), Adobe makes the Services available to you only for your individual use (including personal use and business use that directly benefits you individually). 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.
3.5 Your Confidential Information. If you maintain confidential information, trade secrets, or other sensitive information (such as Information) on the Services, you are solely responsible for implementing safeguards for such information that are additional to the security measures the Services provide (as set forth in the Acrobat.com security statement).
3.6 Limitations. Adobe retains the right to create reasonable limits on your use of the Services, including but not limited to limits on file size, storage space, processing capacity, time frames for retention of Content, and similar limitations described in the Web pages accompanying the Service and as otherwise determined by Adobe in its sole discretion. If applicable, such limitations may be associated with your Services subscription level.
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. You shall not alter or remove any Marks or Adobe copyright notices included in the Service.
5. Term and Termination.
5.1 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.
5.2 Upon expiration or termination of this Agreement, you shall promptly discontinue use of the Services. However, in addition to the sections set forth in Section 13(f) of the General Terms, the following sections of these Additional Terms shall survive any expiration or termination of this Agreement: 1, 3.2, 5.2, 6–8, 9.7.2.1 (Subscription Fees) (solely to the extent any Subscription Fees are due and owing), and 10–13.
6. Adobe Access to Content.
You acknowledge that the Services are automated (e.g., Content is uploaded using software tools) and that Adobe personnel will not access, view, or listen to any Content, 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 process; or (d) enforce this Agreement, including investigation of potential violations hereof, as further described in Section 7 (Investigations) of the General Terms.
7. Conduct.
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, (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;
(b) disclose, harvest, or otherwise collect Information, including e-mail addresses, or other private information or Information about any third party (including Participants) without that party's express consent;
(c) 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
(d) defraud, defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
7.2 Exposure. You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from third parties that you may deem to be offensive, indecent, or otherwise objectionable. You may report any violations of these terms to Adobe at abuse@acrobat.com.
8. Privacy.
8.1 Terms. The terms of the Adobe Online Privacy Policy and the terms of this Section 8 (Privacy) govern Adobe's collection and use of Information in connection with the Services. If there is any conflict between the terms of the Adobe Online Privacy Policy and this Section 8 (Privacy), the terms of this Section 8 (Privacy) shall control.
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.
8.3 Types of Information Collected. In addition to the types of Information set forth elsewhere in this Section 8 (Privacy), Section 9.8 (Adobe FormsCentral) and in the Adobe Online Privacy Policy, Adobe may collect certain information regarding your use of the Services, such as the name of the Internet service provider and the Internet Protocol address through which you access the Internet; the time you access the Services; and the Internet address of any referring Web site and the Internet address of the Web site or the name, version number, and language preference of the software product from which you linked directly to the Services. Adobe may collect other non-personally identifiable information and Information from you regarding your use of the Services such as the features you utilize within the Services. Adobe uses the information referenced in this Section 8.3 (Types of Information Collected) to support and improve the Services, to prevent abuse, to comply with any law enforcement requests, to provide support to you, and, if you have opted-in to receive communications from Adobe, to send to you communications about Adobe and its products and services.
8.4 Storage and Use of Information. Adobe stores your Information (including information described in Section 8.3 (Types of Information Collected)), Content, and the Information of Participants in accordance with Adobe's then-current storage policies. If you have concerns about such storage policies, please contact: acrobat.com_feedback@adobe.com. Adobe may delete, as applicable, all or portions of your Information or Information of Participants upon termination of this Agreement.
8.5 Security. Adobe has implemented technical safeguards and procedures to help protect communications with the Services including communication of Content and Information. In addition, Adobe will only disclose Content and Information in accordance with instructions provided by you through use of the Services and as otherwise provided in the Adobe Online Privacy Policy or the General Terms, as applicable. Adobe shall make commercially reasonable efforts to block the uploading of Content to the Services that contains viruses detected by using industry standard virus detection software. For more information on the security measures Adobe has implemented with respect to the Services, please see the Acrobat.com security statement.
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.
8.7 Information of Participants.
8.7.1 Your Responsibilities Regarding Information of Participants. As between Adobe and you, you shall have sole responsibility for any and all Information of Participants 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 Information of Participants. You shall obtain and maintain consent from Participants (a) to your access, use, or disclosure of Information of Participants; and (b) to Adobe providing the tools for you to perform the actions described herein. You shall obtain any authorizations from Participants required to enable Adobe to provide the Services. You shall defend, indemnify, and hold harmless Adobe from any claim, suit or proceeding brought against Adobe by a Participant in connection with any acts or omissions with regards to such Information of Participants.
8.7.2 Sensitive Information of Participants. In addition to your responsibilities set forth in Section 8.7.1 (Your Responsibilities Regarding Information of Participants), you specifically acknowledge and agree:
(a) you are solely responsible for compliance with the Children's Online Privacy Protection Act of 1998 ("COPPA"), including but not limited to, obtaining parental consent for the collection and use of Information from people under the age of thirteen (13) in connection with use of the Service by you and Participants;
(b) Adobe (i) is not acting on your behalf as a Business Associate or subcontractor as such terms are used, defined, or described in the Health Insurance Portability and Accountability Act of 1996, as amended and supplemented, ("HIPAA") when providing and making available the Services to you; and (ii) solely complies with the privacy and security terms described in this Agreement;
(c) you are solely responsible for compliance with HIPAA in connection with Protected Health Information (as such term is defined in HIPAA, the Health Information Technology for Economic and Clinical Health ("HITECH") provisions of the American Recovery and Reinvestment Act of 2009, and regulations promulgated thereunder, as each may be amended from time to time) obtained or used in connection with use of the Service by you and Participants; and
(d) you are solely responsible for compliance with any data protection and privacy laws and rules applicable to other sensitive information, including but not limited to social security numbers, credit card numbers, drivers license numbers, and bank account information, obtained or used in connection with use of the Service by you and Participants.
8.7.3 Emails to Participants. E-mails related to the Services are generally sent to Participants by you and not by Adobe. As a result, even though certain Participants may have opted-out from receiving communications from Adobe, such Participants may receive certain Service-related e-mails sent by you. In addition, if applicable, Adobe may send e-mails to Participants in your name as your agent, at your request, and on your behalf. You are solely responsible for such e-mails and the contents thereof.
8.8 Use of Web Beacons. Web pages of the Service may contain tiny electronic images known as web beacons. Adobe uses web beacons to assist Adobe in delivering cookies within the Services and to allow Adobe to count users who have visited those pages. Such web beacons are provided by Omniture (an Adobe company), which uses the domain 2o7.net. Please refer to Omniture's Products and Services Privacy Policy at http://www.omniture.com/en/privacy for more information concerning the use of web beacons. You may elect to opt out of session history data gathering by Adobe by following this link: http://www.adobe.com/misc/optout.html and clicking on the "Opt-Out " button at the bottom of the page.
9. Service Specific Terms.
The terms in this Section 9 (Service Specific Terms) apply only to the specific Services, offerings, or Adobe software, as applicable, set forth below. Notwithstanding anything to the contrary herein, in the event of a conflict between the terms of this Section 9 (Service Specific Terms) and any other terms and conditions of the Agreement, the terms of this Section 9 (Service Specific Terms) shall govern, but only to the extent of such conflict.
9.1 Adobe ConnectNow. You may create a unique URL to access the online portion of the Adobe ConnectNow service ("ConnectNow"). Adobe may require you to change the name of such URL in Adobe's sole discretion.
9.2 Acrobat.com Web Services. This Section 9.2 (Acrobat.com Web Services) applies to you only if you are a developer who accesses the pre-release versions of the Acrobat.com APIs made available to you from time to time by Adobe in connection with Acrobat.com ("Web Services").
9.2.1 License to Web Services. Subject to the terms and conditions of this Agreement, Adobe grants you a limited, revocable, non-exclusive, non-transferable license to (a) view the documentation made available to you by Adobe at the Web Services page, currently found at http://www.adobe.com/go/acrobat_com_dev_en ("Web Services Documentation"); and (b) call to and use the Web Services in accordance with the Web Services Documentation and the terms of this Agreement. Adobe may terminate the license(s) granted in this Section 9.2.1 (License to Web Services) at anytime at Adobe's sole discretion. Adobe reserves all rights not expressly granted hereunder.
9.2.2 Your Representations and Warranties Regarding Use of the Web Services and the Web Services Documentation. In addition to your other representations and warranties set forth in the Agreement, you represent and warrant the following:
(a) You shall prominently display the following notice on your Web site application that calls to the Web Services ("Your Application"): "Powered by Acrobat.com" ("Notice"). You shall ensure that any third party who accesses and uses Your Application ("Visitors") can conveniently access the URL https://acrobat.com from Your Application. The name "Adobe" ("Trademark") is a registered trademark of Adobe, and you acknowledge that your use of the Trademark will not create in you, nor will you represent you have, any right, title or interest in or to the Trademark. You shall display the Notice in accordance with Adobe's trademark guidelines, which are currently found at http://www.adobe.com/misc/pdfs/TM_GuideforThirdPFina_print.pdf. If Adobe reasonably believes that you have not complied with Adobe's trademark guidelines, Adobe reserves the right to require you to immediately modify your usage of the Notice in order to comply with this Section 9.2.2(a), or to terminate such usage;
(b) You shall display a privacy policy or otherwise display, in the footer of each Web page of Your Application, information about how you collect, use, store, and disclose data and Information collected from Visitors, including notice, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from Visitors and may place or recognize cookies on Visitors' browsers;
(c) You shall not attempt to conceal or misrepresent your identity or Your Application's identity when requesting authorization from Adobe to use the Web Services or the Web Services Documentation;
(d) You shall require Visitors to create an Acrobat.com account prior to using Your Application;
(e) You shall not store Visitor Materials on your Acrobat.com account on behalf of any Visitor; and
(f) You shall not sell, lease, or sublicense the Web Services or the Web Services Documentation or obtain access thereto to derive revenue from the use or provision of the Web Services or the Web Services Documentation, whether for direct commercial benefit, monetary gain or otherwise, unless you obtain Adobe's express prior written consent in the manner set forth in Section 9.2.3 (Commercial Developer Applications).
9.2.3 Commercial Developer Applications. If you intend to use the Web Services Documentation and/or the Web Services in a manner that may violate Section 9.2.2(f) of this Agreement, you may be subject to immediate termination of the license(s) granted to you by Adobe hereunder. You may, however, request from Adobe permission for exemption from Section 9.2.2(f) by contacting Adobe at developer@acrobat.com. Please provide a detailed description of Your Application and your intended use of the Web Services and Web Services Documentation. Adobe will review such requests and may provide an exemption in writing from Section 9.2.2(f) on a case by case basis at Adobe's sole discretion. If Adobe grants you such exemption from Section 9.2.2(f), such exemption may be subject to your compliance with additional requirements set forth by Adobe.
9.3 Software. In addition to the terms regarding Software in the General Terms, any Software (as defined in the General Terms) that Adobe makes available from time to time in connection with the Services, such as the Add-In, may be used solely in connection with the Services. You must not use the Software on a timeshare or service bureau basis or host, on a subscription basis or otherwise, the Software.
9.4 Group Offerings. This Section 9.4 (Group Offerings) applies to you only if you obtained a subscription(s) to the Services (whether under a Promotional Program (as defined below) or otherwise) for a third party individual(s) or from a third party individual ("Group Offering").
9.4.1 Information of Third Party Individuals. If you obtained a subscription to the Service for any third party individual, you represent and warrant you have all rights and permissions necessary to provide any Information of such third parties to Adobe, and you shall defend, indemnify, and hold harmless Adobe from any claim, suit or proceeding brought against Adobe by such third party in connection with any acts or omissions with regards to such Information of such third parties.
9.4.2 Group Use. The first sentence of Section 3.4 (Individual Use) shall be of no effect in connection with use of the Services under a Group Offering. If you obtained a subscription to the Service for any third party individual, you understand that Content and workspaces contained in such third party individual's Services account may not be deleted when such individual's subscription to the Services under a Group Offering terminates, and it is your sole responsibility to ensure that such individual deletes any Content and workspaces belonging to you from such individual's Services account.
9.5 Promotional Use of Service. This Section 9.5 (Promotional Use of Service) applies to you solely if Adobe granted to you special access privileges to the Services under a special program (each, a "Promotional Program").
9.5.1 Promotional Program. In addition to the other terms of this Agreement, as a user of the Service under a Promotional Program, your right to access and use the Service under a Promotional Program is limited as provided in the e-mail communication to you from Adobe acknowledging your right to use the Service under a Promotional Program, or as otherwise provided by Adobe to you upon your enrollment in a Promotional Program (each, a "Promotional Program Communication"). Promotional Programs may be offered by Adobe at a later time with different features or capabilities, for a fee, or not at all, as determined by Adobe in its sole discretion.
9.5.2 Termination of a Promotional Program. Your right to use the Service under a Promotional Program shall terminate immediately upon expiration of the limited time period granted in a Promotional Program Communication. In addition, Adobe reserves the right, for any reason in its sole discretion without prior notice, to discontinue or suspend any Promotional Program or your use of the Service under a Promotional Program. Your rights and the rights of Participants to access Content submitted to your account and processed by the Service under a Promotional Program may change or terminate, as applicable, immediately upon termination of your right to use the Service under a Promotional Program.
9.6 Adobe SendNow. When you send a file using SendNow, the file will be automatically uploaded to Adobe's server, and Adobe will notify your recipients (i.e., Participants) when the file is ready for access and/or download. Your recipients can access and/or download your file by clicking on a link within the email Adobe sends to your recipients. Adobe may collect information regarding the receipt and use by a recipient of a SendNow file, and Adobe may share such information with you. It is your sole responsibility to notify recipients of such collection and sharing of such information.
9.7 Subscription Services. This section 9.7 (Subscription Services) applies to you solely if you are a purchaser of a subscription to use additional functionality of a Service(s) according to the subscription option to which you subscribe ("Subscription Services").
9.7.1 License to use Subscription Services. Per the terms of this Agreement, Adobe grants to you a license to use the Subscription Services.
9.7.2 Payment for Subscription Services.
9.7.2.1 Subscription Fees. Use of the Subscription Services is subject to your payment of fees (the "Subscription Fees"), which may vary according to the subscription option to which you have subscribed and/or the period of time for which you have elected to pay for the Subscription Services (the "Subscription Term"). For purposes of clarification, certain basic functionality of the Services is offered by Adobe free of charge per the terms of the Agreement. Adobe will collect the Subscription Fees for the Subscription Services in advance of each Subscription Term. You are responsible for paying all taxes levied in connection with your use of the Subscription Services. For additional information on payment and taxes, please visit the Adobe Store at http://kb2.adobe.com/cps/167/tn_16719.html or any successor Web site thereto. Your payment card company or bank may impose on you other fees in connection with your payment of the Subscription Fees, and Adobe has no connection to or responsibility for such fees.
9.7.2.2 Automatic Renewal of Subscriptions. Your subscription to the Subscription Services will automatically renew at the end of each Subscription Term until you cancel. On the subscription renewal date, Adobe will automatically charge your payment card for the next Subscription Term ("Billing Date") and, unless the country/region that you specify when you signed up for an Adobe ID is Canada, Mexico or the United States, you will receive a receipt via email when your payment card has been charged. You can find your Billing Date in the "Your Subscriptions" area of the Adobe store. You may cancel your subscription within thirty (30) days of signing up for the Subscription Services for a refund. You may also terminate the auto-renewal of your subscription at any time before your next Billing Date. You may cancel your subscription or terminate the auto-renewal of your subscription by visiting the "Your Subscriptions" area of the Adobe.com store or by contacting Adobe Customer Service. You will have access to the Subscription Services until the end of your then-current Subscription Term.
9.7.2.3 Payment Cards. As a condition to your right to use the Subscription Services, you must provide Adobe with a valid payment card number belonging to you from a card issuer that Adobe accepts with available funds sufficient to pay the applicable Subscription Fees. Such card must be associated with a valid address located in a jurisdiction into which the Adobe.com store sells Adobe products and services. Adobe may seek validation of your payment card account prior to your first purchase. In the event that you cancel this payment card or it is otherwise terminated, you must provide Adobe with a new valid payment card before the next Billing Date in order to avoid interruption in your access to the Subscription Services. Adobe may elect not to renew your subscription until a current valid payment card with sufficient funds is provided.
9.7.2.4 Changes in Price and/or Terms. Adobe may at any time, upon notice required by applicable law, (a) change the price of subscriptions for the Subscription Services or any part thereof; (b) institute new charges or fees; or (c) change these Additional Terms. Price and Subscription Terms changes, and institution of new charges implemented during your subscription term, will apply to subsequent Subscription Terms and to all new subscribers after the effective date of the change. If you do not agree to any such changes, then you must terminate your subscription to the Subscription Services and stop using the Subscription Services. Your continued use of the Subscription Services after the effective date of any such change shall constitute your acceptance of such change.
9.7.2.5 Collection of Service Fees. You agree that in the event Adobe is unable to collect the Subscription Fees owed by you to Adobe for the Subscription Services, Adobe may take the steps it deems necessary to collect such Subscription Fees from you and that you will be responsible for all costs and expenses incurred by Adobe in connection with such collection activity.
9.7.3 Termination of Subscription Services.
9.7.3.1 Termination by You. You may stop using the Subscription Services at any time. To terminate your Subscription Services account, you may terminate the auto-renewal of your subscription, as set forth in Section 9.7.2.2 (Automatic Renewal of Subscriptions) of these Additional Terms. These Subscription Terms shall automatically expire upon such termination.
9.7.3.2 Termination by Adobe. In addition to the rights Adobe retains in Section 5 of these Additional Terms to modify or terminate the Subscription Services, your Services account, the Agreement, or these Subscription Terms, Adobe may also at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Subscription Services and these Subscription Terms upon your failure to pay any Subscription Fees owed by you. Any termination or suspension described in this Section 9.7.3.2 (Termination by Adobe) shall be made by Adobe in its sole discretion, without any refund to you of any prepaid Subscription Fees or amounts, and Adobe will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Subscription Services.
9.7.3.3 Account Reinstatement. Except in the event of certain material breaches by you of the Agreement, as determined by Adobe in its sole discretion, you may re-subscribe to the Subscription Services at any time following the termination of your Subscription Services account.
9.8 Adobe FormsCentral. As part of the Service, Adobe may send information (including Information) that you and/or Participants provide to Adobe to third party payment providers such as Pay Pal Inc., (i.e., Linked Sites), in order to facilitate the payment of products and/or services; including but not limited to information (including Information) to set up your and/or Participant's accounts with a Linked Site and/or prepopulate information reasonably required to purchase products and/or services via the Linked Site.
10. Availability.
10.1 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.
10.2 Availability of the Support Forums. Adobe may make available from time to time forums on which you may seek help regarding your use of the Services. Such forums may not be available in all languages.
11. Education and School Use.
If you are a teacher, school, or educational institution, you agree that (1) you, and not Adobe, are solely responsible for compliance with COPPA including, but not limited to, obtaining verifiable parental consent concerning collection of students' personal information (Information) as part of provisioning or use of the Services; (2) any collection of student personal information (Information) by you with the Services is done for solely for the use and benefit of the school; and (3) that you will provide parents with information about Adobe's collection, use and disclosure practices, which you will find in these Additional Terms and in the Adobe Online Privacy Policy http://www.adobe.com/go/privacy (or any successor Web site thereto) in your school's Acceptable Use Policy.
12. DISCLAIMER OF WARRANTIES.
IN ADDITION TO THE WARRANTIES DISCLAIMED IN THE GENERAL TERMS, ADOBE MAKES NO REPRESENTATION, COMMITMENT, OR WARRANTY (A) THAT ANY SERVICES OR SOFTWARE SIMILAR TO THE SERVICES OR SOFTWARE WILL BE OFFERED FOR COMMERCIAL USE; AND (B) ABOUT ANY INFORMATION (INCLUDING BUT NOT LIMITED TO INFORMATION OF PARTICIPANTS) OBTAINED OR USED IN CONNECTION WITH USE OF THE SERVICE BY YOU AND PARTICIPANTS
13. Miscellaneous.
You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Services. In the event these Additional Terms, the General Terms and the Adobe Online Privacy Policy conflict, the documents shall have the following order of precedence: (i) Additional Terms, (ii) the Adobe Online Privacy Policy, and (iii) General Terms.
Effective September 7, 2011.
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