kuler - terms of use

Last Updated 8/06/07

kuler Terms of Use

1. Your Acceptance

BY USING OR VISITING KULER WEBSITE ("SERVICE" or "WEBSITE"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS DESCRIBED IN THIS DOCUMENT ("Terms of Use") AND ANY OTHER GUIDELINES, RULES OR LICENSES POSTED IN CONNECTION WITH THE SERVICE (and any changes thereto), INCLUDING ADOBE LABS TERMS OF USE AND ADOBE PRIVACY POLICY. If you do not agree to any of these terms, then please not use the kuler website.

Adobe may change the Terms of Use and other guidelines and rules posted on the Website from time to time at its sole discretion. Your continued access or use of the Website, constitutes your acceptance of the changes. Your access and use of the Website will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the Website to view the then-current terms.

2. kuler Service

kuler is a color collaboration service. It offers space for those who visit the site to view colors and information related to colors and it allows registered users to additionally create, share and store color swatches, to discuss color and to download color swatches. These Terms of Use apply to all users of the Service, including users who are also contributors of materials on the Service. The Service may contain links to third party websites that are not owned or controlled by Adobe. Adobe has no control over, and does not assume any responsibility for the content, policies or practices of any third party websites. By using the Service, you expressly relieve Adobe from any and all liability arising from your use of any third party website.

3. Users.

You are required to obtain an Adobe ID for access to and participation in certain features of the Service. Adobe reserves the right to refuse service to anyone at any time without notice for any reason. You may not use another's account without permission. When creating an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

4. Modification or Termination of Services.

Adobe reserves the right, for any reason in its sole discretion and without prior notice, to modify or discontinue the Service and to terminate your account or access to the Service. With respect to the Service, your access to Content and User Submissions processed by the Service shall terminate immediately upon termination of your right to use the Service.

5. Intellectual Property Rights.

a. The content on the Website, except all User Submissions (as defined below), including without limitation, text, scripts, software, photos, sounds, music, interactive features, color swatches, etc ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed by Adobe. Content is provided to you AS IS for your information and use. Adobe expressly reserves all rights not granted in and to the Service, Content and Marks.

6. User Submissions.

a. You may use the Service to create color swatches or other materials, including written materials, and upload or publish via Service ("User Submissions"). If you create and publish a User Submission, then you grant to Adobe an irrevocable, worldwide, non-exclusive, royalty-free, license to use, modify, reproduce, publicly perform and display, and distribute the User Submission. In addition, you grant to users of the Service a worldwide, non-exclusive, royalty-free license to use, reproduce, publicly perform and display, and distribute the User Submission. The foregoing license does not grant Adobe or any user of the Service any ownership rights in any User Submissions. You retain all ownership rights in your User Submissions.

b. You represent and warrant that you will not (i) submit User Submissions that infringe any copyright, trademark, trade secret or other intellectual property right of a third party; (ii) publish falsehoods or misrepresentations that could damage Adobe or any third party; or (iii) publish obscene, libelous, defamatory, threatening, harassing, hateful, racially, religious or ethnically offensive comments. You further represent and warrant that you have all necessary right, power and authority to submit the User Submissions.

c. Adobe reserves the right at all times to remove or refuse to process or distribute any Content or User Submissions provided in connection with the Service, such as those that violate 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.

7. Accessing and Using the kuler Service and User Submissions.

a. By using, displaying or distributing any User Submission you agree to acknowledge the creator as the copyright owner of such User Submission.

b. You understand that when using the Service you will be exposed to, and have the right to use, User Submissions from a variety of sources, and that Adobe is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Adobe. Adobe takes no responsibility for User Submissions (including, without limitation, any viruses or other disabling features), nor does Adobe have any obligation to monitor such User Submissions. Adobe does not endorse any User Submissions or any opinion, recommendation or advice expressed therein. Adobe expressly disclaims any and all liability in connection with User Submissions. In addition, you agree to indemnify and hold Adobe and its affiliates harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

8. APIs and RSS Feeds.

a. Adobe provides access to portions of its Website via RSS feeds and APIs; for the purposes of these Terms of Use, such access constitutes use of the Website and Services. Adobe grants you the right to use the APIs to allow you to display kuler Content and User Submissions on your website, subject to the limitations and conditions contained herein.

b. Restrictions.

You may not use the APIs for any commercial purposes or incorporate the APIs into any site or service which has a commercial purpose. If you wish to use the APIs in any commercial way, then please contact Adobe.
You may not use the APIs, RSS Feeds, any other features of the Website, or the Website itself, to reproduce, duplicate, copy or display a substantial portion of the Website such that it will mislead a user into believing they are interacting directly with Adobe or the Service. Adobe reserves the rights to change these features at any time and to disable access to the RSS feeds and the APIs at any time for any reason.
You may not display any content as a User Submission if you have modified any color values or data related to the User Submissions. If you change any values or data related to the User Submission, then you may not name it the same as the User Submission.
You may not use the APIs to reverse engineer or decompile the Service.
You may not use the APIs to create your own database of User Submissions.
You may not use the APIs for any application that replicates or attempts to replace the essential user experience of the Service.
You may not use the APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
You may not use the APIs in any manner or for any purpose that violates any law or regulation, including but not limited to intellectual property rights.
You may not use the Service as a generic image hosting service for banner advertisements, graphics, etc.
You may not use the APIs in a manner that adversely impacts the stability of the Service or adversely impacts the behavior of other applications using the APIs.

c. Logo Usage.

i. If you use the APIs, then you are required to include the "Colored by kuler" logo (kuler Logo) on your website or application. As such, Adobe hereby grants you a non-exclusive, non-transferable, non-sublicenseable license to display the kuler Logo on your website or application.
ii. Use Requirements. In using the kuler Logo you must comply with the following:

the usage guidelines set forth at: http://www.adobe.com/go/kuler_api

the General Adobe trademark and logo guidelines located at http://www.adobe.com/misc/trade.html

you will not display the kuler Logo as the largest logo on your website

you will not display the kuler Logo as the most prominent element on any page of your website

you will not use the kuler Logo in any manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Adobe

you will not remove, distort or alter any element of the kuler Logo

you will not display the kuler logo in any manner that implies a relationship or affiliation with, or endorsement by Adobe.

you will not display the kuler Logo on a site that violates any law or regulation

You understand and agree that Adobe has the sole discretion to determine whether your use of the kuler Logo is in accordance with these Terms of Use, and Adobe reserves the right to revoke the license granted to the kuler Logo at anytime. You also understand that all right title and interest in the kuler Logo shall remain the property of Adobe.

9. Advertisements.

As consideration for using the Service, you agree and understand that Adobe may display Adobe and/or third party paid advertisements and other information adjacent to the Service and adjacent to your User Submissions. Additionally, kuler may serve relevant advertisements using a completely automated process that enables Adobe to effectively target dynamically changing content. You further agree and understand that you will not be entitled to any compensation for any advertisement that is placed alongside your User Submission and that Adobe shall be entitled to the full amount of any such revenue.

10. Storage and Handling of Content and Information.

You agree that while Adobe may store some Content and User Submissions, Adobe has no obligation to store Information or other data related to the Service except to the extent necessary for Adobe to perform the Service as explicitly provided in these Terms of Use. In addition, Adobe has no responsibility or liability for the deletion or accuracy of Content or User Submissions, the failure to store, transmit or receive transmission of Content (whether or not processed by the Service), or the security, privacy, storage or transmission of other communications originating with or involving use of the Service. You also acknowledge that Adobe retains the right to create reasonable limits on Adobe's use of the Content or User Submissions, such as limits on file size, storage space, processing capacity, and similar limitations described in the web pages accompanying the Service and as otherwise determined by Adobe in its sole discretion.

11. Warranty Disclaimer, Indemnification.

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ADOBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONENCTION WITH THE SERVICE AND YOUR USE THEREOF. ADOBE PROVIDES THE SERVICE "AS IS". ADOBE MAKES NOT WARRANTIES OR REPRESENTATIONS RELATING TO THE SERVICE, ACCURACY OR COMPLETENESS OF THE SERVICE, CONTENT OR USER SUBMISSIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECRUE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

12. Limitation of Liability.

IN NO EVENT SHALL ADOBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OF, INTERACTION WITH, OR USER SUBMISSION TO THE SERVICE, OR FROM YOUR USE OF USER SUBMISSIONS.

13. Indemnification.

You agree to defend, indemnify and hold harmless Adobe and its affiliates from and against any and all claims, damages, obligations, losses, liabilities and expenses (including but not limited to attorney's fees) arising from (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright or property right; or (iv) any claim that one of your User Submissions caused damage to a third party. This section shall survive these Terms of Service and your use of the Website.

14. Entire Agreement.

This Agreement constitutes the entire agreement between you and Adobe and governs use of the Service. You may also be subject to additional terms and conditions that may apply when using or purchasing other Adobe services, affiliate services, third-party content or third-party software.

15. Notice.

Adobe may change these Terms of Use governing the Service and specific aspects of the Service from time to time in its sole discretion. Adobe shall be deemed to have delivered, and you shall be deemed to have received such notice upon posting to the Website. Adobe may, in its sole discretion, require you to provide consent to updated Terms of Use before future use of the Service 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.