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Adobe BrowserLab Additional Terms of Use

ADOBE SYSTEMS INCORPORATED

Adobe BrowserLab

Additional Terms of Use

1. Acceptance of BrowserLab Terms of Use

Welcome to Adobe’s BrowserLab 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 browserlab.adobe.com 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 BrowserLab Account, you have access to certain services, features and tools on browserlab.adobe.com, including but not limited to, the ability to preview your web page in web browsers using the Service.

The content of your web page that you preview in web browsers using the Service shall be hereinafter referred to as "Your Content."  

3.Collection of Personal Information

The terms of the Adobe Online Privacy Policy http://www.adobe.com/misc/privacy.html 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.

(a) 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 previewed in web browsers, you are also required to provide a URL to your web page or enable the service to access the web page source code resident on your computer or network, which shall also be referred to as Required Personal Data. If you do not want to grant access to your web page source code you should not use the BrowserLab Service to preview the web page.

(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.  

(b) How Adobe Uses Your Information

(i) Operation of the Service

Adobe uses the Required Personal 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.

(ii) Analysis

Some of the Optional Personal Data is used by Adobe for improving our Service and for internal auditing, analysis and reporting purposes.

(iii) Personalization

The Adobe BrowserLab 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 may be 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 and Optional Personal 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. Service Details

In order to use the Service to preview a web page, Adobe will require you to provide a valid email address and enable the service to access the web page source code resident on your computer or network. Such code will be used by Adobe solely with the Service, and will be temporarily stored for a limited time necessary to produce a screenshot of the web page rendered in selected browsers and to create a cache to optimize upload bandwidth and speed, after which time such code will be deleted.

5. Use of Your Content

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

(a) 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.   

6. 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.

7.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 7 (c)(ii).

(c) 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 7 (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.