Adobe Project ROME Terms of Use

Effective Date: October 24, 2010

1. Acceptance of Project ROME Terms of Use.

Thank you for using Project ROME as defined below. Your use of Project ROME is subject to this Project ROME Terms of Use ("Project ROME Terms"), which supplement the Adobe.com Terms of Use ("General Terms") located at http://www.adobe.com/go/terms and incorporated herein by reference. Your use of the Project ROME Downloadable App (as defined below) is subject to the ROME EULA located at http://rome.adobe.com/misc/eula.html. Capitalized terms used in these Project ROME Terms shall be defined as set forth in either the General Terms or in these Project ROME Terms. In the event of any inconsistency between these Project ROME Terms and the General Terms, these Project ROME Terms shall control with respect to Project ROME. Project ROME is offered by Adobe Systems Incorporated ("Adobe"), a United States company. By using Project ROME, you agree to be subject to the General Terms and these Project ROME Terms, both of which are governed by the laws of the United States and by the laws of the State of California, and you agree to resolve disputes in accordance with Section 20 of the General Terms. Project ROME, and some features thereof, may not be available in all countries, languages, and/or currencies. Adobe reserves the right, upon reasonable notice, to introduce a fee or require a separate subscription for services which initially may be offered at no charge.

2. Definitions.

a. "Project ROME" means, individually and collectively, the Adobe hosted application named "Project ROME" as well as the Project ROME Downloadable App (as defined below), and any other products or services made available by Adobe that link to these Project ROME Terms.

b. "Project ROME For Education" means, individually and collectively, the Adobe hosted application named "Project ROME for Education" as well as the Project ROME for Education Downloadable App.

c. "Project ROME Downloadable App" means the downloadable application named "Project ROME an Adobe® AIR® application".

d. "Project ROME Downloadable App For Education" means the downloadable application named "Project ROME for Education an Adobe® AIR® application".

e. "Your ROME Content" is any content that you upload to Project ROME, and, for clarity, does not include any content you have created with Project ROME that you store locally without uploading or backing up to Project ROME.

3. Eligibility.

IN ADDITION TO SECTION 1(b) OF THE GENERAL TERMS, BY USING PROJECT ROME, YOU FURTHER REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY AND CAN ENTER INTO ENFORCEABLE CONTRACTS IN THE JURISDICTION IN WHICH YOU RESIDE.

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 Project ROME.

5. Project ROME for Education.

If you are using Project ROME for Education or the Project ROME for Education Downloadable App, you must qualify in your jurisdiction as an Educational End User. Please visit http://www.adobe.com/education/purchasing/qualify.html to learn if you qualify. Adobe may require qualifying school districts and educators to agree to additional terms. In addition, so that Project ROME for Education and the Project ROME for Education Downloadable App are suitable for use by students of all ages, they purposefully do not contain online storage, hosting and sharing features or require user registration.. All Project ROME Terms, except for terms related to age restrictions, registration, hosted services or sharing capability, or collection and use of personal information, apply equally to Project ROME for Education.

6. Modifications.

Adobe reserves the right to modify, from time to time, these Project ROME Terms and all documents incorporated by reference. You can always find the most recent version of these Project ROME Terms and the General Terms at http://www.adobe.com/go/terms. In the event, Adobe makes modifications to these Project ROME Terms, Adobe shall endeavor to provide you with thirty (30) days notice of such modifications, and such notice will be posted on http://www.adobe.com/go/terms. Adobe may add, modify or discontinue Project ROME in whole or in part at its sole discretion. If new or amended terms for new Project ROME Services or features are presented to you by Adobe, you are not entitled to use such new Project ROME Services or features unless you agree to the new or amended terms. In addition, changes to the Adobe Online Privacy Policy may also occur from time to time. Changes to the Adobe Online Privacy Policy will be communicated at http://www.adobe.com/go/privacy.

7. Termination.

a. By Adobe. In addition to Adobe's rights under Sections 12 ("Modifications to Services and Materials") and 13 ("Termination") of the General Terms, or upon violation of these Project ROME Terms or the General Terms, then Adobe may also at any time, without prior notice or liability to you, immediately terminate or suspend all or a portion of your account and/or access to Project ROME. Any such termination or suspension for violation by you shall be made by Adobe in its sole discretion without any liability to you. Adobe may also terminate or suspend all or a portion of your account and/or access to Project ROME for any reason. Further, 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 Project ROME.

b. By You. You may terminate your account with Adobe and your access to Project ROME by contacting Adobe customer support as described at http://www.adobe.com/support/contact/ and by providing written notice of your intent to terminate your account and your access to Project ROME.

8. Effect of Termination.

a. If you terminate your use of Project ROME pursuant to Section 7(b) above, or if Adobe terminates or suspends your use of the ROME Services for violation by you of these Project ROME Terms or the General Terms, then Adobe may close your account without notice, you may no longer be able to retrieve Your ROME Content, and Adobe may delete, as applicable, all of Your ROME Content or applicable portions of Your ROME Content. Therefore, if you elect to terminate your account, you are solely responsible for retrieving Your ROME Content prior to terminating.

b. Upon termination or suspension by Adobe other than for your violation of these Project ROME Terms or the General Terms, or upon cancellation of a particular ROME Service, Adobe will endeavor to provide you with thirty (30) days notice and will provide instructions for the retrieval of Your ROME Content prior to termination. Notice will be sent via email to the email address you provided in your account.

9. Survival.

The following sections of these Project ROME Terms shall survive expiration or termination of these Project ROME Terms: 1, 6, 7(a), 8, 9, and 10.

10. Use of Your ROME Content.

The following replaces Section 8(a) of the General Terms with respect to Your ROME Content only:

a. Use of Your ROME Content by Adobe. Adobe does not claim ownership of Your ROME Content. However, Adobe does need certain rights from you, with respect to Your ROME Content, in order to operate the ROME Services. Therefore, with respect to Your ROME Content, you grant Adobe a worldwide, royalty-free, nonexclusive, fully sublicensable license to use, reproduce, distribute, modify, display, and publicly perform Your ROME Content solely for the purposes of enabling your use of the ROME Services and operating the ROME Services. You may terminate Adobe's rights in Your ROME Content at any time by removing Your ROME Content from Project ROME. You acknowledge that Adobe shall have a reasonable time following termination to stop its use, distribution and/or display of Your ROME Content.

b. Use of Your ROME Content by other users. One of the main purposes of the ROME Service is to facilitate sharing among users of the ROME Service. The ROME Service may enable sharing of Your ROME Content with other users by using the "Template Exchange" or "Object Exchange" section of the Service to share Your ROME Content publicly, if you choose to do so, and by using email functionality to send an email, containing an attachment of or link to Your ROME Content, to recipients of your choosing. Once you share Your ROME Content via any one of these or other sharing features, the shared portion of Your ROME Content becomes Your ROME Service Shared Content, and you will be granting Other Users certain rights in and to Your ROME Service Shared Content. Please know that when you share Your ROME Content, you may also make your first and last name and email address publicly available. 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, modify, download, print, distribute, publicly perform and publicly display Your ROME Service Shared Content. If you do not wish to grant these rights in Your ROME Service Shared Content then do not share Your ROME Content with Other Users. While you have the ability to remove Your ROME Content from the service and/or the public areas within the ROME Service and thus prevent future licenses from being granted, you acknowledge and agree that once Your ROME Service Shared Content has been shared, Adobe can neither monitor nor control what Other Users do with it. Detailed instructions on how to remove Your ROME Content from the ROME Service and/or the public areas within the ROME Service can be found at http://forums.adobe.com/community/projectrome/.

c. Use of Third Party Web Content. Project ROME may also enable you to access and upload third party web content, including but not limited to text, video or images ("Third Party Web Content") that are either labeled with a Creative Commons license or labeled as being in the public domain. Web site and content owners may apply license terms to such content to indicate if and how such content can be reused. Before reusing content that you’ve found, it is your sole responsibility to verify that its license is legitimate and check and understand the exact terms of reuse stated in the license. Adobe has no way of knowing whether the license is legitimate, so Adobe does not make any representation that the content is actually or lawfully licensed. Access to such Third Party Web Content through Project ROME is provided to you as a convenience and the inclusion of such Third Party Web Content does not imply any endorsement by Adobe. Adobe has no control of Third Party Web Content and you agree that Adobe is not responsible for such Third Party Web Content.

d. You acknowledge that Project ROME are automated (e.g., Your ROME Content is uploaded using software tools) and that Adobe personnel will not access, view, or listen to any of Your ROME Content, except as reasonably necessary to provide Project ROME, including but not limited to the following: (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, service abuse, 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.

11. Use of Adobe Materials.

With respect to Adobe Materials, and unless otherwise specifically agreed in any terms that might accompany such materials, 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, modify, print, distribute, publicly perform and publicly display Adobe Materials. You may not remove any text, copyright or other proprietary notices contained in the Shared Content or Adobe Materials.

12. Web Site Hosting.

Project ROME may enable you to publicly host your web site content. If you use Project ROME to host your web site, you hereby acknowledge and agree not to use such web site hosting functionality or otherwise use Project ROME to market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Adobe; and to otherwise comply with Section 6 (User Conduct) of the General Terms.

13. Collection and Use of Personal Information.

The terms of the Adobe Online Privacy Policy http://www.adobe.com/misc/privacy.html and the terms of this Section 13 (Collection and Use of Personal Information) govern Adobe's collection and use of your information. In particular, Section 13(a) describes the collection of information by ROME Services that is in addition to what is described in the Adobe Online Privacy Policy. Section 13(b) describes how Adobe uses the information collected by ROME Services.

a. What Information Adobe Collects.

i. Required Information You Provide to Adobe. When you register to use ROME Services, Adobe may ask you to provide certain personal information (as well as certain non-personal information that may be linked to personal information) about yourself, such as your first and last name, mailing address (including zip code), country of residence, a valid email address, a password, your credit card information and billing address in the case of paid subscriptions, and any other information Adobe needs in order to provide Project ROME to you ("Required Information"). If you do not wish to provide such Required Information, then you should not use Project ROME. Similarly, if you wish to delete your Required Information (pursuant to the mechanism set forth in the "Updating your personal information and privacy preferences" section of the Privacy Policy), we will lose our ability to operate Project ROME for you, and therefore you will no longer be able to interact with Project ROME.

ii. Voluntary Information you provide to Adobe. 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 Project ROME and which other Adobe products and services you use ("Voluntary Information"). You are under no obligation to provide this information to Adobe; it is completely voluntary.

iii. Specific Server Data. Once you register for Project ROME, and whenever you sign in and use such services thereafter, Adobe may also collect and retain certain anonymous and aggregate information about your computer and your use of Project ROME in order to facilitate, evaluate and verify your use of Project ROME and in order to improve Project ROME. For example, we may log environmental variables, such as, browser type, operating system, CPU speed, how Project ROME have been accessed (for example, through which panel on the welcome screen from the service web page), Machine and Session ID (a unique identifier assigned to the machine and/or browser in connection to Project ROME), and the Internet Protocol Address (IP Address). In addition, if you choose to download the Project ROME Downloadable App, you may be asked to consent to enable such application to send anonymous usage data to Adobe (also referred to herein as "Specific Server Data"). Such data may include, but is not limited to, the instances when the application is launched and quit, number of assets uploaded to the Service or third party services, the types of features used and the type and version of the operating system used. You can opt-out of such data collection at any time by going to http://www.adobe.com/misc/optout.html.

b. How Adobe Uses Your Information.

i. Operation of the Service. Adobe uses the Required Information for purposes of operating Project ROME, such as for verifying your eligibility to access Project ROME, as well as for purposes of facilitating actions initiated by you through Project ROME depending on how you accessed such services. In addition, we may communicate to you about operational topics. For instance, if your membership is about to expire, or if you are about to exceed your storage limit, we will use this information to communicate that fact to you.

ii. Analysis and Optimization. Some of the Required and Voluntary Information and Specific Server Data is used by Adobe for improving Project ROME, providing more relevant experiences to our customers, and for internal auditing, analysis and reporting purposes.

iii. Personalization. If you provided Voluntary Information, we might use such data for purposes that include, but are not limited to, delivering and displaying customized dynamic content and providing messages to you about Project ROME and your use of such services ("Customized Content"). This Customized Content will be shared with, delivered and displayed to you in a number of ways, including within Project ROME and through email messages (unless you have opted not to receive such communications or such communications are prohibited by law). For instance, we might use this information in order 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 may continue to provide non-customized content to you.

iv. Contextual Advertising. Adobe may also use Optional Information 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 use of Project ROME ("Contextual Ads"). These Contextual Ads may be shared with, delivered and displayed to you in a number of ways including within Project ROME and through email messages (unless you have opted not to receive such communications or such communications are prohibited by law). However, Adobe will continue to provide general advertising from within the service and through email communications (unless you have opted not to receive such communications or such communications are prohibited by law).

v. Email Marketing Communications. We might use the various types of information we collect to provide relevant email communications to you. If you do not wish to receive such 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.

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