Fotolia Transfer and Migration Terms ("Terms")
This Offer for Transfer and Full Migration (each as defined below) (collectively "Offer") is available to existing Fotolia customers selected by Adobe who have purchased Fotolia Credits, Fotolia Downloads, or both and meet other eligibility requirements below.
This Offer is not available to Fotolia customers who:
- (A) are using a Fotolia sub-account system;
- (B) have purchased a Fotolia Daily Subscription;
- (C) are Fotolia API key users;
- (D) are a Fotolia contributor;
- (E) are located in a country where Adobe Stock is not supported; or
- (F) only have an Adobe Enterprise ID or Adobe Federated ID.
Valid only for eligible persons who are at least 18 years old. Residents or persons in embargoed countries or countries subject to U.S. or local export restrictions are not eligible. Offer, prices, and these Terms are subject to change without notice. Offer may be terminated by Adobe any time prior to your final acceptance of these Terms. Offer may not be assigned, exchanged, sold, transferred, combined, or redeemed for cash or other goods and services not expressly stated here as included. Subject to availability where the recipient resides.
Adobe reserves the right to discontinue the Fotolia website, services, credit offers or subscription offers in the future, which would result in your Fotolia account, lightboxes, invoices and/or license history no longer being available. Licenses to content you downloaded from Fotolia.com before a Transfer or Full Migration will continue to be in effect, subject to the Adobe Stock License Terms and will supersede any prior agreement with Fotolia. For clarity, content you download from Adobe Stock services after a Transfer or Full Migration will also be subject to the Adobe Stock License Terms.
Should any of the provisions of these Terms be or become legally ineffective, this will not affect the validity of the remaining provisions of the present Terms.
1. Transfer Phase
LIMIT ONE TRANSFER PER FOTOLIA CUSTOMER. No additional purchase required for Transfer. When you start your Transfer process, you will be required to log in on the Adobe Stock website with your Fotolia credentials and subsequently log in or create an individual Adobe account, and agree to the Adobe Stock License Terms. Fotolia Credits or Fotolia Downloads (as applicable) cannot be transferred to any Adobe Stock for Enterprise or Adobe Stock for Teams entitlement, to an Adobe Enterprise ID or an Adobe Federated ID (i.e., transfers may only go to an individual, noncommercial Adobe Stock account).
1.1 Fotolia Credits Transfer
Receive 1 Adobe Stock Credit for each 5 Fotolia Credits that you transfer as part of this Offer. The total number of Adobe Stock Credits you receive will be rounded up to the next integer (full number). Specifically, we will divide the amount of your remaining Fotolia Credits by 5 and round up to the result. For example, if you have 16 remaining Fotolia Credits: 16/5 = 3.2 (rounded up = 4). So, once transferred, your 16 Fotolia Credits would be converted into 4 Adobe Stock Credits.
Adobe Stock Credits that you receive as part of this Offer are valid for 1 year from the date of the Transfer and can only be used on the Adobe Stock website, not on the Fotolia website.
1.2 Fotolia Downloads Transfer
Receive 2 Adobe Stock Downloads for each 1 Fotolia Download that you transfer as part of this Offer.
Adobe Stock Downloads that you receive as part of this Offer are valid for 1 year from the date of the initial Transfer or each Monthly Quota (as applicable) and can only be used on the Adobe Stock website, not on the Fotolia website.
Upon Transfer of your Fotolia Downloads to Adobe Stock:
- (A) Fotolia Downloads in your account at the time of Transfer are converted into Adobe Stock Downloads using the ratio stated above and immediately made available on your Adobe Stock account;
- (B) Each month after the Transfer with Renewal, Fotolia Downloads that are part of your Monthly Quota are converted into Adobe Stock Downloads using the ratio mentioned above and automatically made available on your Adobe Stock account (e.g., if you receive 5 Fotolia Downloads per month, then 10 Adobe Stock Downloads will be made available each month on your Adobe Stock account);
- (C) At the end of the Monthly Subscription period, Fotolia will charge the credit card entered at the time of the purchase of the Fotolia subscription to proceed with your Renewal unless you cancelled the auto-renewal option from the "My subscription" section of the Fotolia website or Renewals are no longer available from Fotolia your Monthly Subscription will remain with Fotolia, but be accessible through Adobe Stock, unless you complete a Full Migration, as described below; and
- (D) You will not be able to update your credit card number on the Fotolia website (meaning Renewals will not be processed after the expiration of your credit card).
1.3 Effects of a Transfer
After your Transfer occurs:
- (A) You will not be able to purchase Fotolia Credits or Fotolia subscription plan again using the transferred Fotolia user account;
- (B) You will not be able to license content from Fotolia.com;
- (C) The Fotolia license history that exists as of the date of Transfer will be transferred to your Adobe Stock account; provided, however, some content might not display if the content is not available on Adobe Stock, including, but not limited to some videos that do not have a standard aspect ratio, and parts of the Infinite Collection;
- (D) Content in Fotolia lightboxes, galleries and shopping cart that exist as of the date of Transfer will be converted into CC Libraries in your Adobe account provided, however some content might not display if the content is not available in Adobe Stock, including, but not limited to some videos that do not have a standard aspect ratio, and parts of the Infinite Collection;
- (E) You may access all your Fotolia invoices (whether existing or future in case of Renewal); and
- (F) You may cash out any Earned Credits or Customer Service Credits via the cash out process on the Adobe Stock website. By accepting this Offer and agreeing to these Terms, you acknowledge that you understand and agree that Earned Credits and Customer Service Credits cannot be used to license content from Adobe Stock.
2. Full Migration Phase
LIMIT ONE FULL MIGRATION PER FOTOLIA CUSTOMER. After the Transfer phase, you may complete a Full Migration of your Monthly Subscription by purchasing any Adobe Stock subscription plan or Adobe Stock Credit pack (see stock.adobe.com/plans or the offer you received during Transfer for current pricing; additional costs apply).
2.2 Effects of a Full Migration
After your Full Migration occurs: (A) your Monthly Subscription will automatically expire; and (B) all the Fotolia Downloads you are entitled to until the end of your Monthly Subscription plan will be converted into Adobe Stock Downloads using the same ratio as the Fotolia Downloads Transfer set forth above and immediately made available on your Adobe Stock account.
If you purchase an Adobe Stock subscription plan during the renewal window of your Monthly Subscription (up to 24 hours before the Renewal), Fotolia may charge your credit card for a Renewal. However, if this happens, this purchase will be immediately cancelled on the Fotolia website and automatically refunded.
- "Adobe Stock Credit(s)"
- means a credit valid toward licensing any type of asset on the Adobe Stock website.
- "Adobe Stock Download(s)"
- means the number of unused downloads in an Adobe Stock account that may only be used to license assets that are designated as "standard" on the Adobe Stock website.
- "Adobe Stock License Terms"
- "Fotolia Credit(s)"
- means non-convertible credits in your Fotolia account at the time of Transfer, including, but not limited to, credits you purchased via the Fotolia website and Offered Credits (as defined in section 7 of the Fotolia Terms). Fotolia Credits excludes convertible credits (A) earned from sales on Fotolia.com or from affiliation revenue (collectively "Earned Credits"); or (B) provided to you by Fotolia customer service ("Customer Service Credits").
- means the number of unused downloads accrued from your Monthly Subscription on the Fotolia website.
- means moving your Monthly Subscription from Fotolia to Adobe Stock, pursuant to the terms under the "Full Migration Phase" section above.
- means your monthly pack subscription services on the Fotolia website, which includes current Fotolia Downloads and further Monthly Quota.
- means the number of Fotolia Downloads allotted to your Fotolia account each month during the Monthly Subscription, in accordance with your Renewal.
- means the renewal of your Monthly Subscription plan at the end of the committed period (1, 3, 6 or 12 months).
- means the initial transfer of your unused Fotolia Credits, Fotolia Downloads, or both to an Adobe Stock account, pursuant to the terms under the "Transfer Phase" section above.