Terms of Service - EyeEm Community
The following Terms of Service govern the contractual relationships between Eyeem Mobile GmbH, Kohlfurter Straße 41/43, 10999 Berlin, Germany (“EyeEm”) and
the natural persons, legal entities and legally responsible partnerships (a “User”, “Users”) registered in the EyeEm Community (“Community”), available at
The Community is available to both Consumers and Business Clients (as defined below). For the purpose of these Terms of Service, (i) a „Consumer“ is any
individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German
Civil Code), and (ii) a „Business Client“ is a User (whether an individual, company or partnership vested with legal capacity) who enters into the relevant
contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
Standard business conditions and/or general terms and conditions of the User do not apply, regardless of whether or not EyeEm has expressly objected to
them in a particular case.
The terms used here such as User, Consumer etc. refer to both genders.
1. Service description
Users may offer photographs (hereinafter referred to as “Work/s”) in the Community by upload or share them via associated social media services. The Users
may also comment on a Work or “Like” Works of other Users. 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 but not before EyeEm has
notified its Users upfront.
2. Registration and EyeEm account
Using the Community requires the registration as User. For the registration, a User has to provide a user name and a password.
http://dl.eyeem.com/market/privacy_policy_community.pdf. By registering, a contract is concluded between EyeEm and the User regarding the use of the
Community (hereinafter referred to as “Community User Contract”). A right to enter into a Community User Contract does not exist.
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.
3. Account security
All data requested during the registration process shall be given fully and correctly, provided they do not contradict the provisions of the data
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 to email@example.com 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.
EyeEm does not claim any ownership of any Works or any other content entered by the User, (e.g. texts) (Works and other subject matter hereinafter together
“Content”). However by uploading, or otherwise publishing any Content through the Community, the User grants EyeEm the non-exclusive, worldwide,
royalty-free, sublicensable right to use the Content for the purpose of including the Content 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”) for the term of the User’s registration with the EyeEm Community. In particular, the
User grants EyeEm the following rights of use:
4.1. 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);
4.2. 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
4.3. 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.
5. Prohibited Use
EyeEm reserves the right not to upload Content or to delete, move or refuse uploaded Content if such Content, at EyeEm´s discretion, violates the present
unacceptable, in particular if they infringe these Terms of Service.
The User shall act according to the destined functions of EyeEm and the Community and in accordance with applicable law. Any inappropriate or illegal use,
manipulation, or change of the Community is prohibited. It is particularly forbidden to use the Community to distribute illegal Content and/or Content that
infringes the rights of third parties, in particular but not limited to:
5.1. pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral Content or to advertise, offer,
or sell such products;
5.3. abusive or insensitive Content;
5.4. threats to other Users;
5.5. defamatory criticism, slander, offensive statements, lies or incorrect information;
5.6. Content that affects or infringes the rights of third parties or that are covered by copyrights, unless the User owns the respective copyright or has
the permission of the copyright owner;
5.7. the use of temporary email addresses;
5.8. to provide [names, addresses, telephone numbers, facsimile numbers, email addresses, user names], or other data, unless they are your own;
5.9. unauthorized advertising;
5.10. Content that has been copied in whole or in any part from any other work or material without the permission of the respective copyright owner.
6. User’s Warranty, Responsibility
The User is solely responsible for its Content and for the licences related hereto, such as royalty payments to any collection societies. In particular the
User represents and warrants 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 hereof. The User further represents and warrants that any material, data, images, photos, videos and other Content submitted or otherwise
transferred or published via the Community does not infringe third party rights or any applicable law and does not consist of or include Content according
to Section 5 hereof.
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
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.
EyeEm has no ability to and does not control or monitor any of the Content. EyEm is not responsible or liable for the availability, accuracy, completeness,
freshness and legality of the Content.
A User will indemnify, defend, and hold harmless EyeEm and its officers, directors, employees for any and all claims, suits, litigation, causes of action,
losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with (i) the
Users use of the Communtity and/or services of EyeEm; (ii) any breach by a User of any warranty defined in Section 6; (iii) any claim that the User’s
Content caused damage to a third party.
In cases of an aforementioned enforcement of claims by third parties, the User will provide EyeEm with all his information that is needed for the
examination of the claim and for the defence against it. The User provides the information immediately, truthfully, and completely.
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 Community User Contract 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.
8. Liability of EyeEm
EyeEm is unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence by EyeEm, its legal representatives or
senior executives and for damages that have been caused by deliberate intention by other assistance in performance; in respect of gross negligence of other
assistants in performance EyeEm’ liability shall be as set forth in the provisions for slight negligence.
In cases of slight negligence, EyeEm is only liable if it, its legal representatives or assistants in performance has infringed a fundamental duty and if
the purpose of the Contract is threatened thereby or if it its legal representatives or assistants in performance have infringed duties that have to be
fulfilled for the duly contract implementation and if the User generally relies on the fulfilment of these duties. In the aforementioned cases, EyeEm is
only liable for foreseeable damages by a User at the time the respective service of EyeEm was performed. Liability of EyeEm for consequential damage and
lost profit is excluded.
EyeEm is only liable to Business Clients according to the definition above in the event of gross negligence for predictable damages.
EyeEm will not be liable hereunder by reason of any failure to timely perform its services due to an event beyond its reasonable control, including acts of
God; acts of terrorism; civil unrest; war; fires; power cuts; epidemics.
EyeEm will make every effort to provide a stable and powerful service in cooperation with service partners and data processing centres. However, potential
service failures due to malfunctions or maintenance works are to be expected and do not constitute a defect of service. No guarantee of EyeEm shall be
given for the absence of viruses or any other harmful components of the Website or EyeEm’ software.
If the liability of EyeEm is excluded or restricted, this also applies to the personal liability of its employees, representatives, and agents.
The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a
product, and to cases of fraudulent concealment of defects of EyeEm, its legal representatives or assistants in performance.
The use of the Community and the functionalities specially made available are provided “as is”.
9. Termination and blocking of the account
9.1. Duration of contract
The Community User Contract shall be valid for an indefinite time beginning the opening of the account by confirmation of these Terms of Service.
The User and EyeEm may each terminate the Community User Contract at any time with a notice period of 14 days by e-mail to the end of the month. The
termination notice by the User is to be sent to firstname.lastname@example.org. EyeEm will send its termination notice by e-mail to the e-mail address of the User
deposited in the account. The right to extraordinary termination remains unaffected.
The Community 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.
With the termination of the Community User Contract the User’s account, Works, comments, or other Content will no longer be accessible through the account
but it will remain in the Community if and to the extent it has been shared with other Users.
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.
9.4. Consequences of termination and blocking
The possibility of using the created account and the licensing according to Section 4 ends with the termination of the Community User Contract.
10. Final provisions
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 Convention on the International Sale of
Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
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.
Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and
enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed
replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or
unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of
Service if any court has confirmed such proceeding.