Before using any of the EyeEm services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.
To make things easier we added a little explanation to each of the paragraphs. However, these are not legally binding.
The following Terms of Service govern the contractual relationships between Eyeem Mobile GmbH, Kohlfurter Strasse 41/43, 10999 Berlin, Germany (hereinafter referred to as “EyeEm”) and the natural persons, legal entities and legally responsible partnerships (hereinafter referred to as “User”) registered in the EyeEm Community, available at www.eyeem.com (hereinafter referred to as “Community”) .
The terms used here such as User, Consumer etc. refer to both genders.
If the User is consumer, i.e. he uses the Community for such a purpose that is neither attributable to his commercial nor to his independent professional activities, he is able to revoke his agreement to these Terms of Service as well as to the concluded Community User Contract within 14 days in writing or via e-mail without stating any reasons. The deadline shall commence following receipt of this notification in text form, but not prior to conclusion of the agreement and also not before EyeEm has fulfilled its statutory duties to provide information as defined in Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the Civil Code ("EGBGB") and § 312g (1) p. 1 of the German BGB in conjunction with Article 246 § 3 EGBGB.
Timely dispatch of revocation shall suffice to meet the revocation deadline. Revocation must be sent to:
EyeEm Mobile GmbH
Kohlfurter Strasse 41/43
The right of revocation of the User shall expire prematurely if the agreement has been executed in full by both parties, at the User´s explicit request, before the User has exercised his right of revocation.
End of the information about rights of revocation
Users may offer photographs (hereinafter referred to as “Work/s”) in the Community by upload or share them via associated social media services. This service is free of charge.
EyeEm reserves the right to change, interrupt or discontinue the operation of its services provided in the Community at any time.
Using the Community requires the registration as User.
The opening of a Community account may only be performed by users of unlimited legal capacity at the time of the conclusion of the contract. In particular, minors are not permitted to register for the use of the Community. The opening of an account for a legal entity or partnership is to be made by a natural person who may act as authorised representative.
All data requested during the registration process shall be given fully and correctly, provided they do not contradict the provisions of the data protection law.
The account is to be secured with a password. Users shall take all necessary steps to ensure that the password is kept confidential. Users are obliged to notify EyeEm without delay if there are signs of misuse of their account by third persons.
Users are not authorised to facilitate the use of the account opened in their name for other third persons.
The User grants EyeEm all necessary rights to the Works uploaded by the user as well as any other content entered by the User, (e.g. texts) (works and other subject matter hereinafter together “Content”), where applicable, for the purpose of including the Works on the websites and in advertising material (including EyeEm Community as well as EyeEm Marketplace) maintained by EyeEm, EyeEm´s affiliated companies as well as on the websites and in advertising material of advertising partners (hereinafter referred to as “EyeEm-Environment”). In particular, the User grants EyeEm the following rights of use:
a) The right of reproduction, the right of public accessibility and dissemination, i.e. the right to reproduce the Content indefinitely using every technology available, in particular by means of digital incorporation within the framework of the Website and the right to make the Content available to the public or publicly reproduce, transmit and to broadcast (in particular via the social media platforms shared by the User),
b) the right of making available on demand, i.e. the right to store the Content, keep it at hand for the public, to transmit it to one or several persons,
c) the right of using for advertising purposes, i.e. the right to reproduce the Content indefinitely for advertising and marketing purposes and to make it available to the public or reproduce publicly for the services offered by EyeEm. This right includes the right to change and to process the Content for the purposes mentioned and in particular to combine it with pictures, text, graphics/artworks, film, audio and audio-visual media.
The User guarantees EyeEm that he owns the rights to the Content and that he is legally capable of effectively granting EyeEm the rights as specified in section 4 of these Terms of Service. Furthermore, the User guarantees EyeEm that the Content is free of any rights of third parties which might prevent the granting of rights by means of a license agreement.
The User guarantees EyeEm that the Content or its use within the framework of the EyeEm Environment does not violate the rights of any third party.
The User guarantees EyeEm that the Content does not contain illicit (e.g. pornographic) contents.
In case of works displaying parts of the private sphere of a person, the User guarantees EyeEm that he has obtained a valid and binding written consent from the person in question for the purposes set out in this section and that he is able to submit a copy of it upon EyeEm`s request.
In case of works displaying persons or groups of persons, the User guarantees EyeEm that he has obtained a valid and binding written consent for photo models from the respective person/s or groups of persons for the purposes set out in this section and that he is able to submit a copy of it upon EyeEm´s request.
In case of works displaying objects, subject to existing rights of a third party, the User guarantees EyeEm that he has obtained a valid and binding written consent from the owner of the rights in question for the objects for the purposes set out in this section and that he is able to submit a copy of it upon EyeEm`s request.
The User shall release EyeEm from all third-party claims, in particular claims concerning violations of copyrights and personality rights which may be raised in connection with the exercise of the rights covered by this Agreement.
The exemption should not cover claims by a third party which may occur because EyeEm has failed to promptly react following receipt of such knowledge in order to delete Content which infringes the rights of third parties from the Community or to block the access.
The User shall inform EyeEm immediately of any impairment to the rights covered by this Agreement that he may become aware of. The User himself is entitled to take such measures as seem appropriate for the defence against third party claims or for the pursuit of his rights. The User must agree with EyeEm concerning his own measures in advance.
The exemption also includes the reimbursement of costs and expenses which incur/have incurred due to the pursuit of rights / defence of rights by EyeEm. This shall not apply if the User is not responsible for the legal breach.
EyeEm is liable for undertaking a guarantee (insofar as such a guarantee was taken by EyeEm at all, which is not applicable to the Community) or for other strict liability as well as for claims according to the German Product Liability Act (if applicable) and in the event of a culpable violation of life, body or health. EyeEm shall furthermore be liable, in accordance with the statutory regulations, only for intent and gross negligence on the part of EyeEm as well as their legal representatives, managing employees or other vicarious agents. If EyeEm violates contract-essential obligations, EyeEm is also liable for cases of negligence. The liability is limited in these cases to contract-typical, foreseeable damage.
Liability on part of EyeEm in excess thereof shall be excluded.
The use of the Community and the functionalities specially made available are provided “as is”.
The User Contract shall be valid for an indefinite time from the opening of the account by confirmation of these Terms of Service.
The User and EyeEm may terminate the User Contract at any time with a notice period of 14 days by e-mail to the end of the month. The termination by the User is to be sent to firstname.lastname@example.org. EyeEm will send it by e-mail to the e-mail address deposited in the account. The right to extraordinary termination remains unaffected.
The User Contract is considered terminated if the User does not use his account for 24 months and no activities on the account have taken place although EyeEm has contacted the User under the e-mail address deposited in the account, has pointed out the significance and consequences of his behaviour and has fixed a deadline of 6 weeks for submission of a statement which has elapsed fruitlessly.
EyeEm has the right to block the User´s account temporarily or permanently if there are concrete reasons to believe that the User violates the rights of a third party, legal provisions or these Terms of Service. EyeEm is obliged to send the User a written warning and to set a deadline of 14 days for remedying the infringement. In the event of permanent blocking, the User is not entitled to open up an account again or to use another existing account.
The possibility of using the created account and the licensing according to section 4 ends with the termination of the User Contract.
EyeEm reserves the right to change these Terms of Service at any time without indicating the reasons. The User will be notified of the changed Terms of Service to the e-mail address that is deposited in the account no later than four weeks before they take effect. If the User does not object to the application of the new Terms of Service within four weeks after receipt of the email, the amended Terms of Service shall be deemed as accepted. EyeEm will specifically indicate the possibility of objecting to the modification and the significance of the four-week deadline to the User in the email containing the amended Terms of Service.
For this Agreement, the laws of the Federal Republic of Germany shall exclusively apply, under exclusion of the UN Sales Convention.
The sole place of jurisdiction for all disputes arising from the contractual relationship is the company headquarters of EyeEm, unless the law mandatorily requires other procedures.
If any provision of these Terms of Service is held to be or becomes ineffective or unenforceable, this shall not affect the validity of the remaining provisions of use.