Community Terms of ServiceDownload Terms of Service PDF
EyeEm Community Terms of Service (hereinafter "Terms")
The following Terms 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 (hereinafter "User", "Users") who wish to register for the EyeEm Community (hereinafter "Community"), available at www.eyeem.com (hereinafter "Website").
The Community is available to both Consumers and Business Clients (as defined below). For the purpose of these Terms, (i) a "Consumer" is any User who enters the Community for a purpose not related to his business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a "Business Client" is any User who enters the Community in the conduct of his business or his self-employed professional activity (Sec. 14.1 of the German Civil Code).
Terms and conditions provided by 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
1.1 The Community gives amateur and professional photographers the opportunity to publicly display and share their photographs (hereinafter "Work/s") by uploading them to the Website through the EyeEm application with the option to share them via associated social media services. Users may also follow other Users's profiles, "like" their Works and post comments. The Works and other content (e.g. texts) shared in the Community by User are hereinafter referred to as "Content". The Community services are free of charge.
1.2 EyeEm reserves the right to change, interrupt or discontinue the operation of its services provided in the Community at any time. EyeEm will notify User of such event in advance, if possible.
2 Community Registration
2.1 In order for User to enter the Community, User needs to register for a Community account (hereinafter "Community Account") and provide information which include his email address, a username and a password. User can also register with his Facebook profile.
2.3 The Community may only be entered by Users of unlimited legal capacity. Minors are only permitted to enter the Community if they have the express written consent of their legal guardians. Upon EyeEm's request, User will submit such consent to firstname.lastname@example.org.
2.4 User is free to remove his Works from the Community or delete his entire Community Account at any time.
2.5 EyeEm reserves the right to delete User's Community Account if User has not used his Community Account for 24 months and does not resume any activities within six weeks after EyeEm has contacted User under the email address deposited in the Community Account.
3 Account Security
3.1 All data requested during the Community registration process shall be given fully and correctly, provided the request of such data does not contradict any data protection law/s.
3.2 The Community Account is to be secured with a password. User shall take all necessary steps to ensure that the password is kept confidential. User is obliged to notify EyeEm by contacting email@example.com without any undue delay if there are signs of misuse of his Community Account by any third party. User is not authorised to grant the use of the Community Account opened in his name to any third party.
4 Requirements for Content
Any Content User intends to upload to and share in the Community needs to comply with these Terms and shall especially not contain any prohibited content as set out in section 6.
5 EyeEm's Use
5.1 EyeEm does not claim ownership of any Content.
5.2 However, by uploading or otherwise publishing any Content through the Community, User grants EyeEm the non-exclusive, worldwide, royalty-free, sub-licensable right to use the respective Content for the purposes of the Community. This includes the right to integrate the Content on the Website and in EyeEm's and its affiliated companies' other websites (hereinafter the "Websites") and advertising material (e.g. for the EyeEm Community as well as the EyeEm Market). In particular, User grants EyeEm the following rights of use:
5.2.1 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 Websites 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 User);
5.2.2 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 any number of persons;
5.2.3 The right of using the Content 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 or integrate it with other pictures, text, graphics, artworks, films, audio and audio-visual media.
EyeEm accepts such granting of rights.
5.3 EyeEm is not obliged to indicate User as author and/or originator of User's Works that are shown on the Websites. User insofar waives any applicable rights of copyright notice. In case that User's Works are used apart from the Websites, User will be indicated as the author and/or originator of his Works by stating his EyeEm username next to the Work (copyright notice).
5.4 In case of the removal of a Work from User's Community Account or the deletion of User's Community Account by either User or EyeEm for whatever reason, EyeEm's rights in the respective Work and/or Content shall expire. However, the right to use the Content in advertising material that is already in use and the right to use any Content that User has shared on other Users profiles will remain unaffected.
6 Prohibited Use
6.1 User shall use the Community in accordance with these Terms and any applicable law/s. Any inappropriate or illegal use is prohibited. It is particularly, without limitation, forbidden:
- to upload and distribute pornographic, insulting, abusive, offensive, racist, threatening, youth protection law infringing, personal rights infringing, or other illegal Content;
- to upload and distribute Content that has been copied in whole or in any part from any other protected work or material without the permission of the respective copyright owner;
- to upload and distribute Content that affects or infringes the rights of any third party, in particular personal rights, copyrights or other intellectual property rights or any other third party rights;
- to use the Community for advertising purposes;
- to contact other Users in order to buy or sell any products or services;
- to provide wrong data or information, and to provide data or information of any third party;
- to use other Users' data and information without their express permission;
- to sell or otherwise transfer your Community Account;
- to attack the Community with a virus, malware or any other harmful means;
- to alter, to manipulate, to bypass, to overload or interfere with the Community and its underlying software and security systems.
6.2 EyeEm reserves the right to refuse the upload of any Content and to delete or remove any uploaded Content that, at EyeEm's sole discretion, violates these Terms, any third-party rights or any applicable law/s or Content that seems for any other reason unacceptable or inappropriate.
6.3 EyeEm has the right to block User's Community Account temporarily or permanently if there are concrete reasons for EyeEm to believe that User violates these Terms, any third-party rights or any applicable law/s. In the event of permanent blocking or deletion, User is not entitled to open up a new Community Account or to use any other existing account.
7 User's Warranties, Responsibility
7.1 User is solely responsible for his Community conduct. User warrants that he will use his Community Account and the Community in accordance with these Terms. User especially warrants that he will not use the Community in any prohibited way as set out in section 6.
7.2 User is solely responsible for his Content and for any private or public obligations and liabilities in connection with his Works and the licensing of his Works. User warrants that the Content submitted to or otherwise published on the Community are in accordance with these Terms and do not infringe any third-party rights or any applicable law/s. User warrants that he owns the rights to such Content and that he is legally capable of effectively granting the rights regarding EyeEm's Use.
7.3 User shall immediately inform EyeEm of any impairment of these Terms or any prohibited Community use by third parties that he may become aware of.
8.1 User shall indemnify EyeEm, its representatives, employees and agents and keep them indemnified against any losses, damages, expenses, costs, actions, claims, suits, litigation, causes of action, demands and liabilities which may be made against EyeEm by any third party for anything done or omitted in connection with (i) the User's Community conduct and Content, (ii) any breach or violation of the User's warranties or responsibility as set out in section 7, and (iii) the exercise or purported exercise of EyeEm's rights hereunder.
8.2 This indemnification shall not cover claims by any third party which may occur because EyeEm has failed to delete or block Content without undue delay upon receipt of positive knowledge that such Content infringes the rights of any third party.
8.3 In cases of an aforementioned enforcement of claims by any third party, User will provide EyeEm with all available information that is needed for the examination of the claim and for the defence against it. User will provide such information immediately, truthfully and completely.
9 Liability of EyeEm
9.1 EyeEm has no obligation to make the Community available for User or to obtain any rights from User. User is not entitled to enter the Community or to grant any rights.
9.2 EyeEm has no ability to and does not control or monitor any Content. EyeEm shall not be liable for the availability, accuracy, completeness, freshness and legality of any Content. EyeEm shall not be liable for any misconduct of any Users or any third party.
9.3 EyeEm will make every effort to provide a stable and powerful service in cooperation with its 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 from the Website or EyeEm's software. The use of the Community and the functionalities specially made available are provided "as is". EyeEm is free to alter them at its own discretion at any time. Such alterations do not constitute a defect of service.
9.4 EyeEm shall not be liable hereunder by reason of any failure to timely perform its services due to an event beyond its reasonable control, including, without limitation, force majeure, computer viruses, acts of terrorism, civil unrest, war, strikes, fires, power cuts or epidemics.
9.5 EyeEm shall not be liable for any loss or damage suffered by User (i) which arises in connection with User's Content or (ii) which arises out of the exercise or the attempted or purported exercise of, or the failure to exercise any of, the respective rights or obligations under these Terms,
- unless in cases of damages to life, body, or health, in cases of warranting for the condition of a product or service, and in cases of fraudulent concealment of defects by EyeEm, its legal representatives, employees, assistants in performance and agents; or
- unless, if User is a Consumer, such loss or damage is caused by gross negligence (grobe Fahrlässigkeit) or willful intent (Vorsatz) of EyeEm, its legal representatives, employees, assistants in performance or agents; or
- unless such loss or damage is caused by the infringement of a fundamental contractual duty by EyeEm, its legal representatives, employees, assistants in performance or agents, which is indispensible for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose, and, if User is a business client, such loss or damage is foreseeable at the time of the infringement.
9.6 The limitation and/or restriction of EyeEm's liability shall also apply to the personal liability of its legal representatives, employees, assistants in performance and agents.
10 Final Provisions
10.1 EyeEm reserves the right to change these Terms at any time without indicating the reasons. EyeEm will notify User of the changed Terms on the Website, the mobile application or via email no later than four weeks before they take effect. EyeEm’s notification of the changed Terms will include a link to the full version of the changed Terms. If User does not object to the application of the new Terms within four weeks after receipt of the notification, the amended Terms shall be deemed accepted. EyeEm will specifically indicate the possibility of objection and the significance of the four-week deadline to User in the notification. In case of an objection, User’s Community Account will be deleted by the time the new Terms take effect.
10.2 For these Terms, 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 8 provisions which may be applicable in Consumers’ and/or Business Clients’ country of residence.
10.3 Regarding Business Clients, the sole place of jurisdiction for all disputes arising under the Terms is the company headquarters of EyeEm, unless the applicable law mandatorily requires other procedures.
10.4 Should any provision of these Terms 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.