The following Terms govern the contractual relationships between EyeEm Mobile GmbH, Kohlfurter Straße 41/43, 10999 Berlin, Germany ("EyeEm") and the natural persons, legal entities and legally responsible partnerships (hereinafter "User", "Users") who wish to register for the EyeEm Community (hereinafter "Community"), available at www.eyeem.com (hereinafter "Website").
The Community is available to both Consumers and Business Clients (as defined below). For the purpose of these Terms, (i) a "Consumer" is any User who enters the Community for a purpose not related to his business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a "Business Client" is any User who enters the Community in the conduct of his business or his self-employed professional activity (Sec. 14.1 of the German Civil Code).
Terms and conditions provided by User do not apply, regardless of whether or not EyeEm has expressly objected to them in a particular case.
The terms used here such as User, Consumer etc. refer to both genders.
The terms below apply to everyone who wants to create an EyeEm account and join the Community through our mobile app and/or website. That means: male, female, self-employed, for business use, for fun, and so on. By joining EyeEm, you accept these Terms and cannot create your own.
1 Service Description
1.1 The Community gives amateur and professional photographers the opportunity to publicly display and share their photographs (hereinafter "Work/s") by uploading them to the Website through the EyeEm application with the option to share them via associated social media services. Users may also follow other Users's profiles, "like" their Works and post comments. The Works and other content (e.g. texts) shared in the Community by User are hereinafter referred to as "Content". The Community services are free of charge.
1.2 EyeEm reserves the right to change, interrupt or discontinue the operation of its services provided in the Community at any time. EyeEm will notify User of such event in advance, if possible.
EyeEm is a free website and app to share your photography and interact with others who can like and comment on your photos. People on EyeEm can also share yours and their photos on social media networks, such as Facebook and Twitter. We can change the services we offer at any time, giving you as much notice as possible.
2 Community Registration
2.1 In order for User to enter the Community, User needs to register for a Community account (hereinafter "Community Account") and provide information which include his email address, a username and a password. User can also register with his Facebook profile.
2.3 The Community may only be entered by Users of unlimited legal capacity. Minors are only permitted to enter the Community if they have the express written consent of their legal guardians. Upon EyeEm's request, User will submit such consent to email@example.com.
2.4 User is free to remove his Works from the Community or delete his entire Community Account at any time.
2.5 EyeEm reserves the right to delete User's Community Account if User has not used his Community Account for 24 months and does not resume any activities within six weeks after EyeEm has contacted User under the email address deposited in the Community Account.
3 Account Security
3.1 All data requested during the Community registration process shall be given fully and correctly, provided the request of such data does not contradict any data protection law/s.
3.2 The Community Account is to be secured with a password. User shall take all necessary steps to ensure that the password is kept confidential. User is obliged to notify EyeEm by contacting firstname.lastname@example.org without any undue delay if there are signs of misuse of his Community Account by any third party. User is not authorised to grant the use of the Community Account opened in his name to any third party.
It would be in everyone’s best interest if the personal details you share with us are accurate. These details will be kept confidential by us. You’ll also need to do the same by creating a password to protect your account. If you suspect someone is using your account, it’s up to you to contact email@example.com right away.
4 Requirements for Content
Any Content User intends to upload to and share in the Community needs to comply with these Terms and shall especially not contain any prohibited content as set out in section 6.
5 EyeEm's Use
5.1 EyeEm does not claim ownership of any Content.
5.2 However, by uploading or otherwise publishing any Content through the Community, User grants EyeEm the non-exclusive, worldwide, royalty-free, sub-licensable right to use the respective Content for the purposes of the Community. This includes the right to integrate the Content on the Website and in EyeEm's and its affiliated companies' other websites (hereinafter the "Websites") and advertising material (e.g. for the EyeEm Community as well as the EyeEm Market). In particular, User grants EyeEm the following rights of use:
5.2.1 The right of reproduction, the right of public accessibility and dissemination, i.e. the right to reproduce the Content indefinitely using every technology available, in particular by means of digital incorporation within the framework of the Websites and the right to make the Content available to the public or publicly reproduce, transmit and to broadcast (in particular via the social media platforms shared by User);
5.2.2 The right of making available on demand, i.e. the right to store the Content, keep it at hand for the public, to transmit it to any number of persons;
5.2.3 The right of using the Content for advertising purposes, i.e. the right to reproduce the Content indefinitely for advertising and marketing purposes and to make it available to the public or reproduce publicly for the services offered by EyeEm. This right includes the right to change and to process the Content for the purposes mentioned and in particular to combine or integrate it with other pictures, text, graphics, artworks, films, audio and audio-visual media.
EyeEm accepts such granting of rights.
5.3 EyeEm is not obliged to indicate User as author and/or originator of User's Works that are shown on the Websites. User insofar waives any applicable rights of copyright notice. In case that User's Works are used apart from the Websites, User will be indicated as the author and/or originator of his Works by stating his EyeEm username next to the Work (copyright notice).
5.4 In case of the removal of a Work from User's Community Account or the deletion of User's Community Account by either User or EyeEm for whatever reason, EyeEm's rights in the respective Work and/or Content shall expire. However, the right to use the Content in advertising material that is already in use and the right to use any Content that User has shared on other Users profiles will remain unaffected.
EyeEm doesn’t own the photos you upload. But when you upload photos, you agree that we can feature them to help globally promote EyeEm, the community, and our various projects. That means, your photos might be seen in our app, on our website, in marketing material, in videos, in our partnerships with other companies, etc. If we use one of your photos in such ways, we’ll try our best to credit your EyeEm username when possible. When you delete your photos, that means we’ll no longer be able to feature them unless it has already been selected, like in a long-standing advertising campaign, for example.
6 Prohibited Use
6.1 User shall use the Community in accordance with these Terms and any applicable law/s. Any inappropriate or illegal use is prohibited. It is particularly, without limitation, forbidden:
6.2 EyeEm reserves the right to refuse the upload of any Content and to delete or remove any uploaded Content that, at EyeEm's sole discretion, violates these Terms, any third-party rights or any applicable law/s or Content that seems for any other reason unacceptable or inappropriate.
6.3 EyeEm has the right to block User's Community Account temporarily or permanently if there are concrete reasons for EyeEm to believe that User violates these Terms, any third-party rights or any applicable law/s. In the event of permanent blocking or deletion, User is not entitled to open up a new Community Account or to use any other existing account.
We want everyone to have a good time on EyeEm, and that means posting no explicit or offensive photos and content. That means: no porn, no racism, no homophobia, no threats, no abuse, no bullying, no revenge photos, no inappropriate photos of minors, etc. This also means that you should only upload photos that you have taken yourself. You also agree that EyeEm isn’t the right place to offer personal services, advertise your business, spam fellow community members or spread malware. If we feel you’re violating these terms, we can remove your content or delete your profile without question. For more detailed information about what makes good content on EyeEm, check out our Community Guidelines.
7 User's Warranties, Responsibility
7.1 User is solely responsible for his Community conduct. User warrants that he will use his Community Account and the Community in accordance with these Terms. User especially warrants that he will not use the Community in any prohibited way as set out in section 6.
7.2 User is solely responsible for his Content and for any private or public obligations and liabilities in connection with his Works and the licensing of his Works. User warrants that the Content submitted to or otherwise published on the Community are in accordance with these Terms and do not infringe any third-party rights or any applicable law/s. User warrants that he owns the rights to such Content and that he is legally capable of effectively granting the rights regarding EyeEm's Use.
7.3 User shall immediately inform EyeEm of any impairment of these Terms or any prohibited Community use by third parties that he may become aware of.
You’re responsible for how you act and what you post on EyeEm. You agree to respect these Terms, especially section 6, when posting and using EyeEm. You’ll also be responsible if a person or business claims there’s something illegal, incorrect, or dishonest with a photo you posted or license for sale. You agree that you own the rights to your work and you can use photos as you wish. You'll notify us right away if you become aware of any issues or if you’re no longer able to fulfill these Terms.
8.1 User shall indemnify EyeEm, its representatives, employees and agents and keep them indemnified against any losses, damages, expenses, costs, actions, claims, suits, litigation, causes of action, demands and liabilities which may be made against EyeEm by any third party for anything done or omitted in connection with (i) the User's Community conduct and Content, (ii) any breach or violation of the User's warranties or responsibility as set out in section 7, and (iii) the exercise or purported exercise of EyeEm's rights hereunder.
8.2 This indemnification shall not cover claims by any third party which may occur because EyeEm has failed to delete or block Content without undue delay upon receipt of positive knowledge that such Content infringes the rights of any third party.
8.3 In cases of an aforementioned enforcement of claims by any third party, User will provide EyeEm with all available information that is needed for the examination of the claim and for the defence against it. User will provide such information immediately, truthfully and completely.
In the rare event that a person or business makes a claim against EyeEm in relation to content you posted, you’ll have to compensate EyeEm for any harm or loss. You’ll also agree to free us of legal responsibility for your actions, as well as provide all the necessary information quickly and honestly to help resolve a claim.
9 Liability of EyeEm
9.1 EyeEm has no obligation to make the Community available for User or to obtain any rights from User. User is not entitled to enter the Community or to grant any rights.
9.2 EyeEm has no ability to and does not control or monitor any Content. EyeEm shall not be liable for the availability, accuracy, completeness, freshness and legality of any Content. EyeEm shall not be liable for any misconduct of any Users or any third party.
9.3 EyeEm will make every effort to provide a stable and powerful service in cooperation with its service partners and data processing centres. However, potential service failures due to malfunctions or maintenance works are to be expected and do not constitute a defect of service. No guarantee of EyeEm shall be given for the absence of viruses or any other harmful components from the Website or EyeEm's software. The use of the Community and the functionalities specially made available are provided "as is". EyeEm is free to alter them at its own discretion at any time. Such alterations do not constitute a defect of service.
9.4 EyeEm shall not be liable hereunder by reason of any failure to timely perform its services due to an event beyond its reasonable control, including, without limitation, force majeure, computer viruses, acts of terrorism, civil unrest, war, strikes, fires, power cuts or epidemics.
9.5 EyeEm shall not be liable for any loss or damage suffered by User (i) which arises in connection with User's Content or (ii) which arises out of the exercise or the attempted or purported exercise of, or the failure to exercise any of, the respective rights or obligations under these Terms,
9.6 The limitation and/or restriction of EyeEm's liability shall also apply to the personal liability of its legal representatives, employees, assistants in performance and agents.
As much as we can try, EyeEm has no control over, and we are not legally responsible for, the content posted on EyeEm and any personal consequences or losses you encounter as a result. This includes any misconduct of the community or third parties, or action brought on as a result. We'll try our best to provide the best technological experience, but outages, malfunctions and maintenance work will sometimes happen. Any necessary repairs or updates will be completed on our own time, when possible.
10 Final Provisions
10.1 EyeEm reserves the right to change these Terms at any time without indicating the reasons. EyeEm will notify User of the changed Terms on the Website, the mobile application or via email no later than four weeks before they take effect. EyeEm's notification of the changed Terms will include a link to the full version of the changed Terms. If User does not object to the application of the new Terms within four weeks after receipt of the notification, the amended Terms shall be deemed accepted. EyeEm will specifically indicate the possibility of objection and the significance of the four-week deadline to User in the notification. In case of an objection, User's Community Account will be deleted by the time the new Terms take effect.
EyeEm can modify or change these Terms at any time. If this happens, we’ll notify you at least four weeks before the new Terms become active. You can decline the new Terms at any time before they take effect. If you object, your account will be deleted when the new Terms take effect. No response means you accept the Terms. For the purpose of this legal stuff, these Terms fall under the laws the Federal Republic of Germany.
Last update: 01/2015