The following EyeEm Market License Terms shall apply to all licenses granted by EyeEm Mobile GmbH, Kohlfurter Straße 41/43, 10999 Berlin, Germany (“EyeEm”) to a license buyer (“Buyer”) with regard to images marketed by EyeEm through its platform www.eyeem.com (“Image”). All uses of an Image must comply with these License Terms. Any terms and conditions of the Buyer shall not apply and are deemed invalid.
Upon full payment of the License Fee, EyeEm grants the Buyer the non-exclusive, non-transferable and non-sublicensable right to use the Image (as identified on the respective invoice) in accordance with these License Terms for the applicable license type (“License”) as follows:
The Buyer may not:
(a) use the Image in any other way or form than expressly set forth in the License for the applicable license type;
(b) use an Image if the image caption does not expressly state “Release(s) on file”; in such cases, the Buyer is solely responsible to obtain all necessary consents from third parties for the intended use;
(c) resell, redistribute or sublicense the Image and/or to transfer the License to any third party and/or to share with or provide any third party access to (including as a digital file) the Image;
(d) use the Image in connection with content that is illegal, offensive, defamatory, racist, pornographic, youth protection law-infringing or glorifies violence;
(e) use the Image in any other manner that affects the integrity or original context of the Image; this applies in particular with regards to the persons depicted in the Image;
(f) include the Image, in whole or in part, in a logo, trademark, service mark, corporate ID or other indication of origin; or
(g) falsely represent (expressly or by way of reasonable implication) the true copyright owner(s) or the author(s) of the Image.
In case of sensitive uses as e.g. the depiction of persons or objects in a context which a reasonable person would likely consider as unfavorable, embarrassing or unduly controversial (e.g. sexually transmitted diseases, mental illness, fake stories, dating agencies etc.) the Buyer must prominently indicate that the Image is used for illustrative purposes and that depicted person is a model.
Buyer shall attribute a photo credit to the photographer only if such credit is customary in the industry and in case of editorial uses.
If the License is acquired by a legal entity such as a company or organization, multi-seat use is included. This means that in a company or organization, multiple persons - namely employees or anyone who agrees to abide by these License Terms - may use the Image for the purposes of the company/organization. If the License is acquired by a natural person, the License is limited to a single-seat use, which means that only the Buyer can use the Image.
If the Buyer is an advertising agency, communication or branding agency (“Agency”), who acquires the License for the use by its customer, the Agency is entitled to assign the licensed rights to its customer, subject to the following conditions:
(a) the name (legal entity) of the customer must be communicated to EyeEm,
(b) the Agency shall be prohibited to charge its customer more than the License Fee paid to EyeEm,
(c) the Agency is liable with regard to any violations of these license terms by its customer and will indemnify and hold harmless EyeEm 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 by its customer; and
(d) the Agency may not use the Image for its own purposes or for any other customer. The Agency expressly acknowledges and agrees that it must acquire a new license for each additional customer.
The License Fee payable for acquiring the License is indicated in the buying process. Value-added tax will be calculated at checkout based on your country and account type. The Buyer is responsible for payment of any applicable taxes associated with the Image. This is a royalty-free license, which means the Buyer pays a one-time License Fee and no further royalties have to be paid, unless the Buyer wants to use the Image in a different context, for a different purpose or needs to upgrade the License to a higher license type. In this case, the Buyer needs to acquire a new license.
The Buyer represents and warrants to have the full power and legal capacity to enter into the License Agreement with regard to the respective Image and to use the Image in accordance with these License Terms.
EyeEm warrants that:
(a) EyeEm is authorized by its platform users to market the images uploaded by them and grant Licenses to third parties,
(b) the respective users have warranted that they possess the legal right to grant any rights of use in the images they make available on the EyeEm Market;
(c) model and/or property releases are available where the respective image caption states “Release(s) on file”.
The Buyer acknowledges that the Images marketed at the EyeEm Market are provided by platform users and that EyeEm has no capacity to verify the copyright assertion of its users.
EyeEm hereby expressly disclaims any warranties or guarantees for the use of Images that are marked with “editorial” or “no release on file”. Furthermore, EyeEm gives no guarantee regarding merchantability, fitness for a particular purpose or accuracy of information (e.g. captions, keywords).
Subject to the provisions of section 10, and provided that the Buyer has used in accordance with these License Terms, in EyeEm agrees to indemnify and defend Buyer from damages, including reasonable legal expenses (third party costs only), arising out of or in connection with EyeEm’s breach of its warranties set forth in section 8 above.
EyeEm is not liable for:
(a) any loss or damage suffered by the Buyer or any third party arising from any alleged or actual technical defect of an Image;
(b) uses of an Image that are marked with “editorial” or “no release on file”. In such cases, no releases are available for the Image and the Buyer acknowledges and agrees that it is solely responsible for obtaining any and all necessary consents/releases from the respective right holders.
In the event of financial damages due to EyeEm’s negligence, EyeEm’s liability shall be restricted to the extent the damages are foreseeable. In no event EyeEm shall be liable for any lost profits, punitive, special, indirect, consequential, incidental or other similar damages.
EyeEm may revoke a License at any time, if EyeEm becomes aware that an Image infringes third party rights. EyeEm will notify the Buyer and Buyer shall cease to use the respective Image and delete or destroy any copies without undue delay. EyeEm will provide Buyer with a replacement image free of charge. Buyer shall be obliged to promptly inform EyeEm at copyright@eyeem.com in case of any third party claim with respect to the use of any Image and shall take all reasonable actions to minimize potential damages and expenses.
In case of a payment default or breach of these License Terms by the Buyer, the License will terminate automatically, and all rights granted will cease immediately without notice and revert to EyeEm. Upon termination, Buyer must immediately stop using the Image, delete the Image from all premises and databases, and inform and oblige its customers accordingly. All statutory rights under the applicable law shall remain unaffected.
This Agreement 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 this Agreement be rendered wholly or partially invalid, ineffectual, or not enforceable, the remaining clauses shall remain valid and effective.
Last Update: August 2018