EyeEm Market License Terms
Valid as of April 2, 2020
The following License Terms shall apply to any license granted by EyeEm Mobile GmbH, Kohlfurter Straße 41/43, 10999 Berlin, Germany (“EyeEm”) to a license purchaser (“Buyer”) with regard to an image 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.
1. LICENSE PURCHASE
1.1 Single Image License
With the purchase of a single license, the Buyer receives a license to use the Image according to the acquired license type defined in section 2.
1.2 Image Packages
By purchasing one of the image packages offered by EyeEm, the Buyer acquires the right to make a certain number of image downloads within 12 months in the Business Account. The Essential Pack allows for download of images from the Essential Collection in form of a Standard License as defined in section 2 and does not cover images form the Premium Collection. Each download corresponds to the granting of a Standard License as defined in section 2.
2. GRANT OF RIGHTS. Subject to full payment of the agreed License Fee (per Single Image or Image Pack as applicable), EyeEm grants the Buyer the non-exclusive right to use the acquired Image (as identified on the respective invoice) in accordance with these following uses permitted for the applicable license type (“License”) as follows:
All rights granted are non-transferable and non-sublicensable with the exception outlined in section 6 (“Agency Clause”).
All uses not expressly defined in the Standard and/or Extended License are reserved to EyeEm (e.g. on-demand print products, art prints, website templates, design templates; exclusive rights). Please reach out to EyeEm at email@example.com to request a custom license for usage rights which are not covered hereunder.
3. RESTRICTED USE. The Buyer may not:
a) use the Image in any other way or form than expressly set forth in the applicable License (unless a custom license has been acquired);
b) use an Image marked as “For Editorial Use only” for any commercial purposes (including promotion, advertorials, advertising and merchandising). Such images are not model- or property released and intended to be used only in connection with events or topics that are newsworthy or of general public interest and in a manner that does not affect the integrity or original context of the Image; this applies in particular when persons are depicted in the Image;
c) 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;
d) include the Image, in whole or in part, in a logo, trademark, service mark, corporate ID or other indication of origin; and
e) resell, redistribute, transfer or sublicense the Image to any third party (except for as provided for in section 6 – Agency Clause); and
f) provide third parties with access to the Image (including in form of a standalone digital file);
g) use an Image and any image information (captions, keywords, location tags, and other metadata) for any machine learning or other artificial intelligence purposes; and
h) falsely represent the original copyright owner of the Image.
If you 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. sexually transmitted diseases, mental illness, fake stories, dating agencies, political parties, etc.), the Buyer must prominently indicate that the Image is being used only for illustrative purposes and that the depicted person is a model.
4. SINGLE-SEAT AND MULTI-SEAT. 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 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 may use the Image on behalf of this company or organization (and not the company group or parent company), provided that they are contractually bound to comply with these License Terms.
5. CREDITS. The Buyer 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 (“Photographer name/EyeEm”). With regard to other commercial uses, the Buyer does not need to include a credit.
6. AGENCY CLAUSE. If the Buyer is an advertising, creative, design, branding or communication agency (“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 conditions outlined below. The same shall apply in the event a Buyer purchases a license on behalf of its employer.
a) the name (legal entity) of the End Client must be communicated to EyeEm;
b) the Buyer shall be prohibited to charge the End Client more than the License Fee paid to EyeEm;
c) the Agency is liable with regard to any breach of these License Terms by the End Client;
d) 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.
7. BUYER’S GUARANTEES. The Buyer represents and warrants a) to have the full power and legal capacity to enter into the License Agreement based on these License Terms; b) that the purchase does not violate any applicable laws or regulations; c) to use the Image in accordance with these License Terms; and d) if applicable, to have the full power and legal capacity to bind the End Client to comply with these License Terms. The Buyer 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.
8. LICENSE FEE AND PAYMENT. The License Fee payable for acquiring a License is indicated in the buying process. Value-added tax or other sales taxes and withholdings will be, if applicable, calculated and listed at checkout based on the Buyer’s country, account type and statutory requirements. The total amount becomes due upon purchase order and is payable via PayPal or credit card, as available. The Buyer is responsible for payment or deduction of any applicable taxes or withholdings 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 upgrade the License to another License type (if available). If the Buyer does not use an image license after the purchase, the Buyer shall not be entitled to claim any replacement or refund (unless the consumer right of revocation applies, as defined below).
9. WARRANTIES. EyeEm warrants that:
a) EyeEm is authorized by the Image contributors to market the images uploaded by them and to grant licenses to third parties;
b) the Image contributors have warranted that they possess the legal right to grant any rights of use in the images they make available at EyeEm Market;
c) 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, except for Images marked with “For Editorial Use Only”;
d) all model and/or property releases are available (“Release(s) on file”).
Other than these warranties, the Images are provided “as is” without further representation, warranty or condition of any kind, including but not limited to any warranty of merchantability of an Image, fitness for a particular purpose or accuracy of Image information (e.g. captions, location tags, keywords).
10. INDEMNIFICATION. Subject to the provisions of section 11 below, and provided that the Buyer (or End Client, if applicable) has used the Image in accordance with these License Terms, EyeEm agrees to defend, indemnify and hold harmless the Buyer (or End Client if applicable) 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 warranties 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 Buyer or End Client, as applicable, or b) any continued use of the Image after notification from EyeEm of a rights infringement according to section 12 below. The Buyer 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 held liable for legal fees or other costs incurred prior to such notice to EyeEm.
11. LIABILITY. EyeEm is not liable for:
a) any loss or damage suffered by the Buyer, End Client or any third party arising from any alleged or actual technical defect of an Image; and
b) uses of an Image that are marked with “For Editorial Use Only” (if available). 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 permissions from the respective right holders.
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).
12. REVOCATION OF A 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 Buyer and the Buyer (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 offer to provide the Buyer with a replacement image free of charge within 14 days.
13. TERMINATION. In case of a payment default or breach of these License Terms by the Buyer (or the End Client as applicable), 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 data carriers and databases, and inform and oblige the End Client accordingly. The Buyer shall confirm execution of these actions to EyeEm without undue delay. All statutory rights under applicable laws shall remain unaffected.
14. 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
Buyers 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 Buyer must inform EyeEm of such revocation by sending a written statement to EyeEm by letter or email:
EyeEm Mobile GmbH
Kohlfurter Straße 41/43
Reference: Revocation / Cancellation
The Buyer 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 Buyer’s right of revocation expires if EyeEm begins with the performance of the contract after the Buyer has given prior express consent that such performance shall begin prior to the end of the revocation period. The Buyer acknowledges that he/she thereby loses his/her right of revocation.
I hereby give notice that I revoke from my purchase contract of the following goods/services:
Name of consumer:
Address of consumer:
Signature of consumer:
In the event of a valid revocation, all rights granted will cease automatically and the Buyer may not use the Licensed Photo. EyeEm will reimburse all payments received from the Buyer, within 30 business days of the revocation. EyeEm will carry out the reimbursement using the same means for payment the Buyer used for the initial transaction, unless the Buyer expressed otherwise. In any case, theBuyer will not incur any fees for this reimbursement. The Buyer is obliged to delete the download link and any downloaded data completely from any device and storage.
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.