close
The Wayback Machine - https://web.archive.org/web/20081123222838/https://www.photoshop.com/express/pxterms.html

Last Updated on April 3, 2008.

Changes are not marked in red. Please read entire document.

 

Adobe Photoshop Express Additional Terms of Use

 

1. Acceptance of Adobe.com Terms of Use

Welcome to Adobe’s Photoshop Express service (the "Service"). Your use of the Service is subject to these Additional Terms which supplement the Terms of Service ("General Terms") located at https://www.photoshop.com/express/terms.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 https://www.photoshop.com/express/pxterms.html 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 Adobe Photoshop Express, you have the ability to upload digital images to the Service and to organize, store, edit and share those images with family and friends and/or with the general public. You also have the ability to create and share albums, slide shows and online galleries containing your images and other content. Your digital images and any other content that you upload to the Service, along with any materials that you create by using the Service, shall be hereinafter referred to as "Your Content". Any portions of Your Content that you chose to share with family and friends and/or with other users of the Service (collectively "Other Users") shall be hereinafter referred to as "Your Shared Content". Content that Other Users share with you shall be hereinafter referred to as "Shared Content".

3. Membership

Membership is available to you if you are at least 13 years of age and submit certain requested information to us, including your name and correct email address, as a part of the registration process for the Service.

4. Personal URL

As part of registering for the Service and creating an account, Adobe may require you to provide a valid email address and to create a Personal Sharing URL, such as your_name_here.photoshop.com. Adobe may revoke your right to use that URL for any reason deemed appropriate by Adobe in its sole discretion by giving you at least thirty days prior notice of such revocation, except in the event that your URL, or content therein, is determined by Adobe in its sole discretion to contain infringing or illegal content or content that otherwise violates these Additional Terms or the General Terms. In such event, Adobe reserves the right to revoke your right to use your Personal Sharing URL immediately without notice. Adobe owns and retains all right, title and interest in and to the use of "Adobe," "Photoshop," "Photoshop Express" and other Adobe property in association with a user's Personal Sharing URL.

5. Sharing Your Content

One of the main purposes of the Service is to facilitate sharing among users of the Service. The Service enables sharing of Your Content with Other Users in several ways that include, but are not limited to:

  1. by using the "My Gallery" function to post Your Content to the Galleries portion of the Service;
  2. by using the "email" function to send an email, containing a URL link to Your Content, to recipients of your choosing; and/or
  3. by using the "Link" function and/ or the "Embed" function to give others the ability to easily link to Your Content from any document or web page and/or to embed Your Content in any document or web page.

Once you share Your Content via any one of these or other sharing features, the shared portion of Your Content becomes Your Shared Content and you will be granting Other Users certain rights in and to Your Shared Content as further described below in Sections 6 (b) and 7. Please know that when you share Your Content, you may also make your email address and your Personal Sharing URL publicly available as well depending on how you decide to share.

6. Use of Your Content

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

  1. 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 and modify Your Content solely for the purposes of operating the Service and enabling your use of the Service. With respect to Your Shared Content, you additionally grant Adobe the rights to distribute, publicly perform and publicly display Your Shared 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 Content to Other Users subject to the limitations of Section 7 below. These limited licenses do not grant Adobe the right to sell or otherwise license Your Content or Your Shared Content on a stand alone basis. Further, you may terminate Adobe’s right to distribute, publicly perform and publicly display Your Shared 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/cfusion/webforums/forum/messageview.cfm?forumid=74& catid=684&threadid;=1351324&enterthread;=y). Upon removal of Your Content from the Service or upon making Your Shared 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.
  2. 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 view, download, print, distribute, publicly perform and publicly display Your Shared Content subject to the limitations in Section 7. If you do not wish to grant these rights in Your Shared Content then do not share Your Content with Other Users. While you have the ability to remove Your Content from the service and/or the public areas within 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 and/or the public areas within the Service can be found at http://www.adobe.com/cfusion/webforums/forum/messageview.cfm?forumid=74& catid=684&threadid;=1351324&enterthread;=y).

7. Use of Shared Content

Section 5 (a) of the General Terms shall continue to apply to Adobe Materials. With respect to User Content, however, Section 5 (a) of the General Terms is hereby replaced with the following:

 

Adobe grants you a worldwide, royalty-free, nonexclusive license to view, download, print, distribute, publicly perform and publicly display content shared by Other Users with you via the Service or that Other Users make publicly available via the Service (“Shared Content”), subject to the following conditions:

  1. Your rights granted by this Section are limited to your personal, informational, non-commercial and, in the case of a business, internal purposes only;
  2. You may not sell, rent, lease or license the Shared Content to others;
  3. You may not modify or alter the Shared Content;
  4. You may not remove any text, copyright or other proprietary notices contained in the Shared Content; and
  5. When you embed Shared Content on a web page, you agree that you will include a prominent link back to the Service from that page.

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. Storage of Your Content

We provide up to 2 gigabytes of storage for Your Content. You should always preserve the original copies of Your Content, or make back-up copies of Your Content, on your personal system. Upon the termination of your use of the Service for any reason, Adobe will close your account and you will no longer be able to retrieve Your Content. You should not use the Service as the only repository or other source for Your Content.