JamJar Terms of Use
Adobe Systems Incorporated, its affiliates and agents ("Adobe") make JamJar
(as defined below) (the "Services") available subject to the terms and conditions described in this document (“Terms of Use”) and any other guidelines, rules or
licenses posted in connection with the Services (and any changes thereto that Adobe might publish from time to time), including the Adobe.com Terms of Use, located at http://www.adobe.com/misc/copyright.html (collectively, the “Agreement”). All such policies in their current form govern use of the Services past and present.
DESCRIPTION OF JAMJAR:
These Terms of Use apply to the following Services. Adobe may discontinue Services (subject to the terms regarding "Termination of Services" described below) or include additional Services from time to time in its sole discretion.
JamJar. JamJar is a public technology preview of a group collaboration service. It offers graphical spaces to share and store digital content “Spaces”. This Service supports the display of advertisement based upon the Space name and description. The service involves participation from both Subscribers who create Spaces, and "Recipients" identified and invited to participate in the Space by Subscribers (using e-mail addresses) who may access the Space and its Content, subject to the limitations specified by the Subscriber. (Subscribers and Recipients shall hereafter be collectively referred to as "Users.")
USE OF SERVICE:
Users. Adobe makes the Service available to Users only for their individual, personal use. Such right to use the Services does not extend to use by or on behalf of any association, organization, corporation or other entity comprised of multiple persons unless a User has entered into a separate agreement with Adobe explicitly providing the right to do so. Users are not permitted to assign or transfer any subscription or right to use the Services for any reason. Adobe reserves the right to refuse service to anyone at any time without notice for any reason. Only residents of the United States are authorized to use the Services at this time. All Users of the Services are required to obtain an Adobe ID for access to and participation in the services.
In addition, a s User of this technology preview of the Service, User's right to access and use the Services is limited as provided in the e-mail communication from Adobe acknowledging User's right to use the Services, email communication provided as an invitation from Subscriber to Recipient, or as provided in the web pages describing use of the Services. These Services might be offered by Adobe at a later time with different features, for a fee, or not at all, as determined by Adobe in its sole discretion.
Termination of Services. Subscriber's right to use the Services shall terminate immediately upon expiration of the limited time period granted at the time Subscriber received an e-mail communication from Adobe acknowledging User's right to use the Services or upon termination of the technology preview program . In addition, Adobe reserves the right, for any reason in its sole discretion without prior notice, to discontinue the technology preview of the Services, and to terminate a user account
or access to the Services. With respect to the Service, the rights of all Users to access Content submitted by a Subscriber and processed by the Services shall terminate immediately upon termination of Subscriber's right to use the Services.
Use of Content. In order to use the Services, Subscriber must submit content (such as electronic files) ("Content") and information (such as Recipient e-mail addresses) ("Information") to Adobe. Subscriber grants Adobe permission to handle the Content and perform the actions necessary to carry out the requested Services, including processing and conversion of Content into different file formats, and distribution of the processed and converted Content in accordance with the Information and instructions Subscriber provides through use of the Services.
Authority to Use Services. Subscriber represents and warrants that it has all necessary right, power and authority to enter into this Agreement and to perform
the acts required of Subscriber hereunder including having a valid license to use the software applications that generate Content and the right to submit the Content and Information in connection with the Services. Otherwise, Subscriber is not permitted to submit such Content or Information to Adobe or the Services. In addition, Subscriber agrees not to use the Services in any manner that might imply Adobe's sponsorship, endorsement, certification or approval of Users or Content. Subscriber represents and warrants that it will not allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) in connection with the Services.
Advertisements. As consideration for using the Service, Subscriber agrees and understands that Adobe will display ads and other information adjacent to and related to the Content of your Space. JamJar serves relevant ads using a completely automated process that enables Adobe to effectively target dynamically changing content, such as the Space name and description . No human will read the content of your Space in order to target such advertisements or other information without your consent, and no Space content or other personally identifiable information will be provided to advertisers as part of the Service.
Security and Privacy. Adobe has implemented technical safeguards and procedures to 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 Subscribers through use of the Services and as otherwise provided in the Adobe Online Privacy Policy. Notwithstanding the foregoing, the security of communications sent over the Internet (including by e-mail) is subject to many factors outside of Adobe's control and, as a result, Adobe does not guarantee the security or privacy of such communications.
Emails containing invitation to a Subscribers JamJar Space are sent to Recipients by the Subscriber and not by Adobe. As a result, even though certain Recipients may have opted-out from receiving communications from Adobe, such Recipients may receive emails containing invitations sent by Subscribers. As between Adobe and Subscribers, Subscribers shall have sole responsibility for any and all personally identifiable information of Recipients used and submitted in connection with the Services (“Recipient Information”), and Adobe shall have no responsibility in connection thereto. Subscribers shall comply with all data protection and privacy laws and rules applicable to Recipient Information. Subscribers shall defend, indemnify,
and hold harmless Adobe from any claim, suit or proceeding brought against Adobe
by a Recipient in connection with any acts or omissions with regards to such Recipient’s Information.
Please see the Adobe Online Privacy Policy for more information on how Adobe uses personal information it collects in connection with the Services and on receiving communications from Adobe.
Storage and Handling of Content and Information. Users agree that while
Adobe may store some Content related to the Space, Adobe has no obligation to
store Information or other data related to the Services except to the extent necessary
for Adobe to perform the Services as explicitly provided in these Terms of Use.
In addition, Adobe has no responsibility or liability for the deletion or accuracy of Content, the failure to store, transmit or receive transmission of Content (whether
or not processed by the Services), or the security, privacy, storage or transmission
of other communications originating with or involving use of the Services. Users also acknowledge that Adobe retains the right to create reasonable limits on Adobe's use of the Content, such as limits on file size, storage space, processing capacity, and similar limitations described in the web pages accompanying the Services and as otherwise determined by Adobe in its sole discretion.
Destruction of Content and Information. Adobe may delete Information of a Recipient who has not accessed the Service for more than six (6) months. In any event, Adobe may delete Information of a Recipient who has not created an Adobe ID within a reasonable period of time as determined by Adobe in its sole discretion. Furthermore, Adobe will delete Information of a Subscriber upon such Subscriber’s request and will delete Information of a Recipient upon such Recipient’s request, except to the extent such Information of Recipient pertains to a currently-active JamJar Space Recipient should contact Subscriber directly to request removal of Recipient’s Information from such JamJar Space.
Content Submitted to the Services. Adobe takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Adobe have any obligation to monitor such third-party content. Adobe reserves the right at all times to remove or refuse to process or distribute any content provided in connection with the Services, such as content that violates this Agreement. Adobe also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Adobe, its users and the public. Adobe will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Audit of Usage. As a feature of the Service, Adobe may choose to audit certain aspects of the usage of the Space by Recipients, such as the opening, closing of Spaces. By logging into and accessing a JamJar Space, Recipients acknowledge that such auditing might occur and agree that Adobe may perform such auditing as part of the Service.
Access to Services. Access to the Services requires use of a user identification and password. Users agree not to provide such user identification or password to another party for access to the Services, and Users agree to take reasonable security precautions to protect such user identification and password.
Warranty, Disclaimer, Indemnification, and Limitation of Liability. The terms regarding warranty of the Services, indemnification of parties with respect to the Services, and limitations on the liability of the parties with respect to the Services (including provision of the Services AS IS, and DISCLAIMER OF WARRANTIES regarding security and availability of Services) shall be as described in the Adobe.com Terms of Use. In addition, User acknowledges that the Services are a technology preview version, do not represent final product from Adobe, and may contain bugs, errors and other problems that could cause system failures. Consequently, the Services are provided to User “AS IS.” User acknowledges that, with the exception this limited technology preview program, Adobe has not publicly announced the availability of the Services, that Adobe has not promised or guaranteed to User that such Services will be made available to anyone in the future, that Adobe has no express or implied obligation to Recipient to announce or introduce the Services, beyond this limited time program, and that Adobe may not introduce a product or service similar or compatible with the Services. Accordingly, User acknowledges that any and all use of Services, or any product associated with the Services, is done entirely at User’s own risk.
Entire Agreement. This Agreement constitutes the entire agreement between a
User and Adobe and governs use of the Services, superseding any prior agreements between a User and Adobe. Users also might be subject to additional terms and conditions that might apply when using or purchasing other Adobe services, affiliate services, third-party content or third-party software.
Feedback. Users may provide feedback to Adobe on the Services (“Feedback”) by
e-mailing Adobe at jamjar_feedback@adobe.com. Each User grants to Adobe a non-exclusive, perpetual, irrevocable, worldwide license to use any Feedback provided to Adobe by such User.
Notice. Adobe may change these Terms of Use governing the Services and specific aspects of the Services from time to time in its sole discretion by either posting notice of such changes on the Adobe Labs web page for such Services (in the case of changes that apply to multiple parties), in the Help menu of the Service or by delivering notice to specific Users by e-mail delivered to the e-mail address provided by such User (in the case of changes that apply to specific Users). Adobe shall be deemed to have delivered, and Users shall be deemed to have received such notice upon posting to the home web page and/or delivery of e-mail to specific Users. Adobe may, in its sole discretion, require Users to provide consent to updated Terms of Use before future use of the Services is permitted. In addition, changes to the Adobe.com Terms of Use and Adobe Online Privacy Policy might also occur from time to time, and changes will be communicated on the adobe.com web site home page.
