These Terms of Service apply to you if you want to purchase licenses for photos and/or videos available on EyeEm Market. EyeEmMarket is operated by EyeEm Mobile GmbH (“EyeEm” or “We”). Further information can be found in the Imprint.
As a Business Account user, you may search photos and videos available on EyeEm Market (“Content”), acquire licenses to use Content, organize Content using our “Lightbox” tool, and download Content for test purposes.
EyeEm has the right to amend and modify services at any time. There is no entitlement to the provision of a Business account, a certain download capacity or the error-free and uninterrupted availability of the EyeEm platform and services.
To register for a Business Account, you need to be at least 18 years old, enter a valid email address and choose a secure password. If you already have registered a Photographer Account with us, you will now need to provide a different email address.
Your Business Account will be active once you have completed the sign-up process and we confirm this or activate your account. Your account is only valid for you personally, i.e. you may not create an account for a third party, transfer it to a third party or allow a third party to use it. You are responsible for all activities that take place in your account and must inform us immediately in case of any unauthorized access to your account.
With your registration you have the opportunity to choose whether you would like to receive our newsletter and product updates, from which you may unsubscribe at any time. Consent to such updates is not required for your registration.
All information that you provide during your registration must be complete, accurate and current at all times to be able to provide our services to you and to get in touch with you when necessary.
We reserve the right to adjust the password requirements at any time to comply with current security standards and we may reset passwords, if necessary, for security reasons. We have the right to amend the requirements for registration or future use of Business Accounts. If you do not meet any subsequent requirements, we are entitled to restrict the use of your account or terminate our contract according to section 8.
If you want to use Content from EyeEm Market, you need to purchase a license. Therefore, you need to select the appropriate license from the available license types (i.e. the license that suits the purposes you would like to use the Content for) and add it to your shopping cart. In case of questions concerning the extent of usage of each license type offered, you may visit our FAQ page or reach out to email@example.com.
To complete the purchase process, you must log into your Business Account or, if you do not already have a Business Account, register with EyeEm and additionally provide your payment information (name, company name, VAT number, address) and payment method.
The license fees are due immediately plus the applicable taxes and can be paid via the payment system offered by EyeEm (e.g. credit card). The license rights are only transferred upon full payment.
We accept your offer by making the requested Content available for download in your account. With this acceptance we enter into a license agreement which is further subject to the applicable EyeEm Market License Terms. You will also receive an order confirmation by email, which contains links to download the purchased Content and corresponding invoice. Please note that the links may have a limited validity. However, you can access your purchased Content and invoices at anytime in your account.
If you purchase a license as a consumer, you have a statutory right of withdrawal. Detailed information about such right is included in the License Terms.
Before purchasing a license, you may download Content in low resolution and with watermarks for test purposes (“Download Comp”), if available and limited to a 30-day test period. When you download such Comps, you guarantee that you do not use the respective Content for any other purposes than to assess the suitability for a specific project or to obtain internal permission to purchase a license. You also agree to delete the file and any copies from all storage media after such test use. For any further use you must acquire a corresponding license. EyeEm does not guarantee unlimited availability of all Content for licensing after such test download. If any Content is no longer available for licensing, please contact our Support Team.
EyeEm may change the available license types and License Terms at any time with effect for the future. Therefore, please check before each new license purchase whether the License Terms have been modified. For clarification, any change in the License Terms does not affect any previously purchased licenses.
EyeEm does not guarantee an error-free and uninterrupted availability of your account and the EyeEm platform and services. Liability is therefore excluded to the extent permitted by law. This also applies to any links provided and Content which can be used for test purposes per section 4.
You have the right to terminate our contract and delete your account at any time. Please contact firstname.lastname@example.org for deletion of your account. Please make sure that you have downloaded Content you have previously purchased onto your storage media before requesting deletion of your account.
If you violate these Terms of Service or your account is otherwise being misused, we may terminate the contract with you and delete your account at any time without prior notification and restrict you from any future registration. In addition, we may terminate the contractual relationship with you with a prior notice of 4 weeks by email and delete your account if your account has not been used for at least 12 months or if you do not comply with necessary registration requirements.
The termination will not affect any licenses already purchased and fully paid. Any claims by EyeEm regarding outstanding invoice amounts for purchased licenses and any further claims also remain unaffected by a termination of the contract.
We have the right to update these Terms of Service at any time in accordance with this provision. If we make changes, we will publish the new terms on our platform. In addition, we will notify you at least 4 weeks before the changes take effect. This obligation does not apply if you register for EyeEm at a time when we have already published new Terms of Service which are immediately applicable to new users.
If you do not agree with the changes, you may terminate the contract with EyeEm by email within 4 weeks after notification. We will then delete your account.
If you do not terminate the contract within the notified period, your continued use of your Business Account after such period shall be deemed to be an acceptance of the amended Terms of Service. When we notify you of the updated Terms of Service, we will also inform you of your right to terminate the contract, the period of notice and the consequences of continued use after the period of notice has expired.
For changes to the EyeEm Market License Terms, section 4 applies exclusively.
A transfer of rights and obligations from the Terms of Service to third parties requires the prior consent of the other party. This does not apply to a transfer of rights and obligations, in particular the transfer of operational control and responsibility of the platform and other services, to affiliated companies.
German law shall apply as the jurisdiction for the Terms of Service. The UN Sales Convention is hereby excluded. Place of performance for the granting of rights is our registered office, insofar as legally permissible. If you use EyeEm as an entrepreneur, our company headquarters is also the exclusive place of jurisdiction.
These Terms of Service are written in German. If there is any contradiction between the German version and a translation of these Terms of Service, the German version shall prevail. In the event of a contradiction between these Terms of Service and additional agreements (e.g. EyeEm Market License Terms), the additional agreements shall take precedence.
Should any provision of these Terms of Service prove to be invalid, ineffective or unenforceable in whole or in part, the validity and enforceability of the remaining provisions shall not be affected thereby. The invalid or missing provisions shall be replaced by statutory law.
Last Update: January 24, 2020