EyeEm License Terms
The following License Terms shall apply to any license granted by EyeEm Mobile GmbH, Lobeckstr. 30-35, 10969 Berlin, Germany (“EyeEm”) to a licensee (“Licensee”) with regard to image content marketed by EyeEm through its platform www.eyeem.com (“Image”). All uses of an Image must comply with these License Terms.
1. GRANT OF RIGHTS. Subject to full payment of the agreed License Fee, EyeEm grants to Licensee a non-exclusive and non-transferable right to use the Image in maximum available resolution, worldwide and in perpetuity for the agreed uses.
Unless otherwise agreed, EyeEm grants to Licensee a Basic License for the following uses:
All uses not expressly defined are reserved to EyeEm. Please reach out to EyeEm at email@example.com to request additional rights (e.g. “Custom License”) for usage rights which are not covered hereunder.
2. RESTRICTED USE. The Licensee may not:
3. AGENCY CLAUSE. If the Licensee is an advertising, creative, design, branding or communication agency or any other entity (“Agency”), who acquires the License on behalf of its customer (“End Client”), the Agency is entitled to assign the licensed rights to such End Client, subject to the following conditions:
4. EDITORIAL USE ONLY. If an Image is marked as “Editorial Use Only”, the Licensee may not use the Image for any commercial purposes and may not edit the Image. In such cases, no releases are available for the Image and the Licensee acknowledges and agrees that it is solely responsible for obtaining any and all necessary permissions from the respective right holders. EyeEm is not liable for uses of an Image that is marked with “Editorial Use Only”.
5. CREDITS. The Licensee shall attribute a photo credit to the photographer if such credit is customary in the industry (e.g. print publications) and in case of editorial uses: “Name of Photographer / EyeEm”). With regard to other commercial uses, the Licensee does not need to include a credit.
6. THIRD PARTY CLAIMS. The Licensee shall be obliged to promptly give written notice to EyeEm at firstname.lastname@example.org in case of any third party claim received with respect to the use of any Image and shall take all commercially reasonable actions to minimize potential damages and expenses, and to cooperate with EyeEm. EyeEm shall not be liable for legal fees or other costs incurred prior to such notice to EyeEm.
7. REVOCATION OF LICENSE. EyeEm may revoke a License for an Image which becomes subject to a claim of infringement of third-party rights. EyeEm will notify the Licensee and the Licensee (or the End Client, if applicable) shall immediately cease using the Image and delete any copies and ensure to instruct the End Client respectively. EyeEm will provide the Licensee with a replacement image free of charge.
8. LICENSEE’S GUARANTEES. The Licensee represents and warrants a) to have the full power and legal capacity to enter into these License Terms, b) to use the Image in accordance with these License Terms; and c) in case of an agency, to have the full power and legal capacity to bind the End Client to comply with these License Terms. The Licensee will indemnify and hold harmless EyeEm and EyeEm’s affiliates against any and all claims, damages, liabilities and expenses arising out of any unauthorized use of the Image or any other breach of these License Terms.
9. EYEEM’S GUARANTEES. EyeEm represents and warrants that the use of the Image in accordance with these License Terms will not infringe on any copyrights, trademark or other intellectual property right, and will not violate any right of privacy or right of publicity.
10. INDEMNIFICATION. Subject to section 11 below and provided that the Licensee has used the Image in accordance with these License Terms, EyeEm agrees to defend, indemnify and hold harmless the Licensee from all liabilities, damages and expenses, including reasonable third-party legal fees, arising out of or in connection with any breach by EyeEm of its warranty set forth in section 9 above. This shall not apply to the extent that any liability, damages or expenses result from a) any modification to the Image by the Licensee or End Client or b) any continued use of the Image after notification from EyeEm of a rights infringement according to section 7 above.
11. LIABILITY. In the event of financial damages due to negligence, EyeEm’s liability shall be restricted to the extent the damages are foreseeable at the time of the license purchase. In no event EyeEm shall be liable for any lost profits, punitive, special, indirect, consequential, incidental or other similar damages. Furthermore, EyeEm expressly disclaims any liability for merchantability, fitness for a particular purpose and/or accuracy of image information (e.g. captions, location tags, keywords). EyeEm is not liable for any loss or damage suffered by the Licensee, End Client or any third party arising from any alleged or actual technical defect of an Image.
12. TERMINATION. In case of a breach of these License Terms by the Licensee (or, if the Licensee acts as an agency, by the End Client), EyeEm may terminate the License immediately, all rights granted will cease immediately and revert to EyeEm. Upon termination, Licensee must immediately stop using the Image, delete the Image from all data carriers and databases, and inform and oblige the End Client accordingly. All statutory rights under applicable laws shall remain unaffected.
13. FINAL CLAUSES. These License Terms shall be governed by the laws of Germany and the competent courts of Berlin, Germany shall have exclusive jurisdiction. The CISG (Convention on Contracts for the International Sale of Goods) is hereby excluded. The place of delivery of the rights of use granted hereunder by EyeEm is the place of the corporate headquarters of EyeEm. Should any clause in these Terms be rendered wholly or partially invalid, ineffectual, or not enforceable, the remaining clauses shall remain valid and effective.
FOR CONSUMERS ONLY
I. Information about the Right of Revocation
Licensees who are consumers have a legal right to revoke a license purchase within 14 days of the date of the purchase without any reason. To exercise this right, the Licensee must inform EyeEm of such revocation by sending a written statement to EyeEm by letter or email:
EyeEm Mobile GmbH
10969 Berlin, Germany
Reference: Revocation / Cancellation
The Licensee may use the revocation template form below, but this is not mandatory. In order to keep the revocation period, it is sufficient to have sent the statement before the revocation period expires.
The Licensee’s right of revocation expires if EyeEm begins with the performance of the contract after the Licensee has given prior express consent that such performance shall begin prior to the end of the revocation period. The Licensee acknowledges that he/she thereby loses his/her right of revocation.
Revocation Template Form
I hereby give notice that I revoke from my purchase contract of the following goods/services:
Image ID: __________________________________
Purchase Date: __________________________________
Name of consumer: __________________________________
Address of consumer: __________________________________
Signature of consumer: __________________________________
Effects of Revocation
In the event of a valid revocation, all rights granted will cease automatically and the Licensee may not use the Licensed Photo. EyeEm will reimburse all payments received from the Licensee, within 30 business days of the revocation. EyeEm will carry out the reimbursement using the same means of payment the Licensee used for the initial transaction, unless the Licensee expressed otherwise. In any case, the Licensee will not incur any fees for this reimbursement. The Licensee is obliged to delete the download link and any downloaded data completely from any device and storage.
II. Online dispute resolution
The European Commission provides a platform for online dispute settlement (ODR), available under the following link http://ec.europa.eu/odr. We are legally not obligated and will in principle not agree to enter into a dispute settlement procedure before a consumer arbitration service.
Any terms and conditions of the Licensee shall not apply and are deemed invalid.