License Terms

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EyeEm License Terms


January 2022


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:

INCLUDED:

  • Non-commercial and commercial use Digital Rights: Use the Image on a website, for digital advertisement, in social media, in video clips (YouTube, TikTok, Vimeo etc.)‍
  • Print Rights and Advertising Rights: Use the Image in print publications (limited to 500,000 copies), print advertising, indoor and outdoor out-of-home displays (OOH), billboards, poster ads
  • Editorial Use
  • Digital Presentations
  • Standard editing rights (cropping or colour adapting)

EXCLUDED:

  • Resell, transfer or sublicense the Image to any third party (natural person or legal entity; exception: Agencies, see section 3)
  • Merchandising Rights (e.g. use the Image as an element of a product or its packaging, on-demand products or art prints) 
  • Broadcasting rights, TV or film production
  • Website templates, design templates, electronic templates, logos, trademarks, service marks, corporate IDs or other indication of origin
  • Exclusive Rights


All uses not expressly defined are reserved to EyeEm. Please reach out to EyeEm at sales@eyeem.com to request additional rights (e.g. “Custom License”) for usage rights which are not covered hereunder. 


2. RESTRICTED USE. The Licensee may not:

  1. use the Image in any other way or form than expressly set forth in these License Terms or the Image Licensing Services Agreement;
  2. use the Image in an illegal, offensive, defamatory, racist or pornographic manner or in violation of any applicable laws, regulations and industry codes, e.g. for protection or sports content. I any case of sensitive uses of Images that feature models or property in a context which a reasonable person would likely consider as unfavourable, embarrassing or unduly controversial (e.g. fake stories, dating agencies, political parties etc.), the Licensee must prominently indicate that the Image is being used for illustrative purposes only and that the depicted person is a model. 
  3. provide third parties with access to the Image (including in form of a standalone digital file); 
  4. use an Image and any image information (captions, keywords, location tags, and other metadata) for any machine learning or other artificial intelligence purposes; or
  5. falsely represent the original copyright owner of the Image.

   

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: 

  1. the name (legal entity) of the End Client must be communicated to EyeEm;
  2. the Licensee shall be prohibited to charge the End Client more than the License Fee paid to EyeEm;
  3. the Agency is liable with regard to any breach of these License Terms by the End Client;
  4. the Agency may not use the Image for own purposes or for any other customer. The Agency expressly acknowledges and agrees that it must acquire a new license for each additional customer.


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 copyright@eyeem.com 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.

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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 

c/o Mindspace

Max-Beer-Straße 2-4

10119 Berlin, Germany

Email: support@eyeem.com 

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.


Expiration

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: __________________________________

Date: __________________________________

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.


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