NOTICE TO USER:

PLEASE READ THESE TERMS CAREFULLY. THE ADOBE PHOTOGRAPHERS' DIRECTORY ("DIRECTORY") IS MADE AVAILABLE TO YOU BY ADOBE SYSTEMS INCORPORATED, ITS SUBSIDIARIES OR AFFILIATES ("ADOBE"), AND IS SUBJECT TO YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. BY USING OR OTHERWISE TAKING ADVANTAGE OF THE DIRECTORY, YOU ACCEPT ALL THE FOLLOWING TERMS AND CONDITIONS, INCLUDING, IN PARTICULAR, THE LIMITATIONS ON USE, LIABILITY AND WARRANTY SET FORTH BELOW.

1. PERMITTED USE. The Directory consists of the user interface and all content made available through the Directory, including, but not limited to, the contact information and sample photographs ("Photographer Content") provided to Adobe by participating photographers ("Photographers") for display in the Directory. You may use the Directory to search for and access Photographer Content for the purpose of viewing the Photographer Content and obtaining contact information for listed Photographers.

2. PROHIBITED USE. You will not use the Directory, including any Photographer Content, for any unlawful purpose or in any manner or for any purpose that is prohibited by these Terms of Use. In using the Directory you will not: (a) download, manipulate, or use the Photographer Content for any purpose other than as described in Section 1 above, (b) separate the sample photographs from the other Photographer Content, (c) use the Photographer contact information for any purpose other than contacting Photographers about their professional photography services, (d) use any content from the Directory in the production of libellous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner, (e) disrupt or interfere with any other user's enjoyment of the Directory, (f) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files, (g) create a false identity or otherwise impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity, (h) use or attempt to use another's account, password, or personal data without authorisation from Adobe, or use contact information or other content from the Directory in a way that infringes upon any person's privacy rights, (i) access or attempt to access any service or content which you are not authorised to access, (j) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature, (k) circumvent, or attempt to circumvent, any technical measure or usage rule designed to protect any system or content, or (l) violate any applicable laws or regulations.

3. AVAILABILITY. Adobe may modify or discontinue the availability of any part or the entire Directory to you individually or to the public generally or restrict access to or remove any Photographer Content for any reason and at any time, and you agree to immediately discontinue all use of such removed Photographer Content upon notification from Adobe. In addition, availability of particular Photographer Content from specific Photographers or participation of specific Photographers may change at any time without notice.

4. OWNERSHIP. The Directory is owned by Adobe and its suppliers. Except as expressly provided herein, Adobe and its suppliers do not grant any express or implied rights to use the Directory. All elements of the Directory, including, but not limited to, the general design and the Photographer Content and other content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Any unauthorised use of the Directory may violate such laws and the Terms of Use.

5. PHOTOGRAPHERS AND PHOTOGRAPHS. The Directory is designed as a service to provide contact information and display sample photographs from professional photographers. The inclusion or display of any Photographer Content in the Directory does not mean that Adobe endorses, sponsors or approves of any particular Photographer or their photographs or photography service. Adobe is not responsible for examining or evaluating, and does not warrant, any Photographer Content or the offerings of any of the Photographers or their photography services. In addition, you are solely responsible for any agreement or relationship you enter into with any Photographer that you contact through use of the Directory.

6. TRADEMARKS. The trademarks, logos, and service marks ("Marks") displayed on the Directory are the property of Adobe or other third parties. You are not permitted to use the Marks without the prior written consent of Adobe or such third party that may own the Marks. Adobe and the Adobe logo are trademarks of Adobe Systems Incorporated. For a current list of Adobe's Marks, as well as certain third-party Marks, you can refer to .

7. PRIVACY AND PERSONAL INFORMATION. To learn about how Adobe protects your personal information refer to Adobe's Online Privacy Policy.

8. CUSTOMER SERVICE. If you have customer service issues or questions related to the Directory, please send an e-mail to: .

9. NO WARRANTY. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND ADOBE AND EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE DIRECTORY, AND ALL CONTENT OFFERED THROUGH OR IN ASSOCIATION THEREWITH, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTY THAT (a) THE DIRECTORY WILL MEET YOUR REQUIREMENTS, (b) THE DIRECTORY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIRECTORY, INCLUDING CONTACT INFORMATION FOR PHOTOGRAPHERS OBTAINED THROUGH SEARCH RESULTS, WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (d) THE QUALITY OF THE DIRECTORY, INCLUDING THE PHOTOGRAPHER CONTENT, WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN ANY CONTENT OBTAINED FROM OR USED THROUGH THE DIRECTORY, OR ANY DEFECTS IN THE DIRECTORY, WILL BE CORRECTED.

THE DIRECTORY COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. ADOBE MAY MAKE CHANGES TO THE DIRECTORY, INCLUDING THE DESCRIPTIONS OF ANY CONTENT, AT ANY TIME WITHOUT NOTICE. THE DIRECTORY MAY BE OUT OF DATE AND ADOBE MAKES NO COMMITMENT TO UPDATE IT.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND ADOBE (A) USE OF THE DIRECTORY IS MADE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES, (B) ADOBE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER IN CONNECTION WITH THE DIRECTORY, (C) ADOBE ASSUMES NO LIABILITY FOR ANY AGREEMENT OR RELATIONSHIP YOU ENTER INTO WITH ANY PHOTOGRAPHER THAT YOU CONTACT THROUGH USE OF THE DIRECTORY, AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADOBE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND ADOBE, IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL ADOBE, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE DIRECTORY, THE STATEMENTS, REPRESENTATIONS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE DIRECTORY, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE DIRECTORY THAT ARE DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO FROM THE DIRECTORY.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Nothing contained in these Terms of Use limits Adobe's liability to you in the event of death or personal injury resulting from Adobe's negligence or from the tort of deceit (fraud). Adobe is acting on behalf of its subsidiaries, affiliates, agents, officers, directors, employees, partners and content providers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in these Terms of Use, but in no other respects and for no other purpose.

11. INDEMNITY. You agree to indemnify and hold Adobe, and its subsidiaries, affiliates, officers, agents, cobranders or other partners, employees and content providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your use of the Directory, including the Photographer Content, (b) your violation of these Terms of Use, and (c) your violation of any law, rule or regulation or the rights of any other person or entity.

12. TERMINATION. If you breach any of the Terms of Use, your authorisation to use the Directory and any Photographer Content automatically terminates.

13. MODIFICATION OF TERMS OF USE. Adobe reserves the right to change these Terms of Use without notice to you. You are responsible for reviewing these Terms of Use each time you access the Directory. Your continued use of the Directory constitutes your agreement to the then current Terms of Use.

14. GOVERNING LAW AND JURISDICTION. The Directory (excluding linked sites) is controlled by Adobe from its offices within the State of California, United States of America. By using the Directory, you and Adobe agree that all matters relating to your access to, or use of, the Directory shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and Adobe also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California with respect to such matters.

15. LANGUAGE; TRANSLATION. It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. The English version of these Terms of Use will be the version used when interpreting or construing these Terms of Use.

16. GENERAL. These Terms of Use and the other rules, guidelines, licenses and disclaimers posted on Adobe web sites constitute the entire agreement between Adobe and you with respect to your use of the Directory, and supersede any prior representations, discussions, undertakings, communications or advertising relating thereto. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of these Terms of Use will continue in full force and effect. Any failure by Adobe to enforce or exercise any provision of these Terms of Use or related right will not constitute a waiver of that right or provision. The section titles used in these Terms of Use are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms of Use is intended to be, or will be construed as, altering, revising, modifying or otherwise amending any agreement, arrangement or understanding between you and Adobe or its affiliates, licensees or content providers with respect to any matter other than the Directory. These Terms of Use will not prejudice the statutory rights of any party dealing as a consumer.