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Emporis Community Terms

  1. The Emporis Community
  2. Becoming a Community Member
  3. Our Services
  4. Your Obligations
  5. Intellectual Property
  6. Remuneration
  7. Our responsibility for loss or damage suffered by you
  8. Leaving the Community
  9. Changes to the Terms
  10. Miscellaneous

The Emporis Community

1.1
The Emporis Community (“Community”) is an online platform offered to you and operated by CoStar UK Limited, 26th Floor, The Shard, 32 London Bridge Street, SE1 9SG, London, England (“CoStar”, “we” or “us”). It is accessible via the URL https://www.emporis.com/community.
1.2
The purpose of the Community is to offer you the opportunity to communicate and interact with others who share a similar interest in buildings, architecture, urban construction, and related photography.
1.3
These Community Terms (“Terms”) apply to your use of the Community and the respective rights and obligations of you and us. Any personal information you supply to us or that we collect from you in connection with your Account and/or Membership (defined below) will be used by us in the ways set out in our Privacy Policy (https://www.costar.co.uk/privacy-notice). Please also ensure you read our Cookies Policy (https://costar.co.uk/about/cookies). Other terms and conditions do not apply unless expressly agreed to by us in writing. These Terms replace any previous terms you may have agreed to regarding the use or membership of the Emporis website or Community.

Becoming a Community Member

2.1
In order to join our Community, you must create a member account (“Account”) by registering on our platform. The registration process is completed by entering the required information, such as a username, a valid email address and a password (“Registration Data”) into the registration form. After entering your Registration Data, you must accept the Terms by ticking the relevant box and clicking the “Register” button. You will then receive a verification email to the email address which you provided during the registration process. This email is our offer for you to join the Community. Clicking on the link in the email is your acceptance of that offer. This will enable your account and provide you with access to the Community as a “Member” and will start your “Membership”.
2.2
Members can create a Community profile. This will allow you, for example, to choose a Community alias, upload an avatar image, and submit “About me” information (“Profile Data”). Members who intend to upload Content according to Section 3.1 must enter the “Personal Information” required on their profile, such as name, address and bank details, all of which will be kept private and confidential by CoStar. We will need the Personal Information before we are able to remunerate you in accordance with Section 6. In these Terms, we refer to Personal Information, Profile Data and Registration Data collectively as “User Data”.
2.3
New Members to our Community start at the level of “Standard Editor”. Depending on a variety of factors, such as quality and quantity of a Member’s activity and contributions, CoStar may, at its discretion, promote Members to “Advanced Editors” or “Senior Editors”. Advanced Editors and Senior Editors enjoy additional features within the Community, such as editing rights. Member promotions may be granted or revoked by CoStar at its discretion. CoStar may demote Members at its discretion at any time.
2.4
Membership of our Community is free of charge.

Our Services

3.1
Through the Community, we offer our Members the opportunity to communicate and interact with others who share a similar interest in buildings, architecture, urban construction, and related photography. In particular, depending on your level of Membership, Members may contribute to the Community by creating new, or editing existing, building entries, uploading pictures and entering other related data, for example details of associated companies, architects or technical data (all of which are collectively referred to in these Terms as “Content”) to the platform. Based on your particular level of Membership, some functionality may not be available to you. From time to time, we may also offer Members the opportunity to participate in Community competitions and win prizes.
3.2
The Community provides an opportunity for you to monetize Content which you have created. You can find more information on how we remunerate our Members in Section 6 below.
3.3
Apart from the circumstances allowed for in this Section, we will endeavour to ensure that the average annual uptime or availability of the Community is not lower than 99%. This means that the Community may be unavailable for up to 3.5 days each year. However, any necessary or planned maintenance work, as well as circumstances outside our influence or control, such as technical malfunctions are excluded. If possible, we will give Members reasonable advance notice of any planned maintenance work by email or via the Community. However, we may perform unannounced maintenance work, if necessary, especially if this is required for data and operational security, or to ensure we continue to comply with law or regulation.
3.4
As soon as we learn of any unauthorized use of an Account, we may block the relevant Member’s access. We may change the affected Member’s login data, including your password. If we detect any unauthorized use of your Account, we will inform you promptly.

Your Obligations

4.1
Dealing with the Community:
4.1.1
Members must provide true and complete User Data on the Platform. You must ensure the User Information you provide to the Community is kept up-to-date and accurate on a regular basis.
4.1.2
Members must keep their login data strictly confidential, not share it with anyone else and protect it against unauthorized access by anyone else. If you suspect that your login data has become known to, or has been misused or accessed by, anyone else, you must tell us as soon as you can.
4.1.3
Members must not use the Community to send multiple messages with the same content. Any spamming or similar activity via the Community are prohibited. Messages or other forms of communication sent via the Community or Content uploaded must not contain any material that is unlawful, discriminatory, harmful, threatening, defamatory, obscene, harassing or offensive, or that infringes the rights of any person or causes damage or injury to any person or property, and/or that facilitates illegal activity or is otherwise illegal under applicable laws.
4.1.4
The Community is for your personal, non-commercial use only (although you may earn Revenue Shares and Earnings for your Content in accordance with these Terms, and you may advertise yourself and your services if you are a service provider in a field directly related to the subject matter of the Community, such as an architectural photographer). You agree not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained through the Community. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy the Community platform or any content contained in it. You agree not to use any device, software or other actions to interfere with, or attempt to interfere with, the proper working of the Community and its infrastructure.
4.2
Uploading Content:
4.2.1
You must only upload Content which complies with applicable laws.
4.2.2
You must only upload Content which you created and/or in respect of which you own the full and exclusive rights.
4.3
The Content which you upload to the Community must, in particular, not infringe the personal rights of any person and/or applicable data protection laws. It is prohibited to upload Content to the Community which includes recognizable faces or other recognizable body features of any person.
4.4
We may take reasonable actions at our own discretion in case of breach of these Terms or applicable laws. In this regard, we will take the relevant Member’s legitimate interests into account. Our actions may include any or all of the following: issuing cautions, temporarily or permanently limiting services or blocking the Account, permanent deletion of the Account and/or banning a Member from the Community. In particular, we may take legal action available to us under the relevant applicable laws. We may reasonably edit any notices or posts or other Content for clarity and length in accordance with the applicable laws.
4.5
You acknowledge that any communication in forums hosted by the Community are public. You also acknowledge that posts and other communications by other users are not endorsed by us, and those communications will not be considered reviewed, screened, or approved by us. You also acknowledge that we are not obliged to verify Content or other information provided to you via the Community by Members or any other person.
4.6
You shall indemnify and hold us and our group companies harmless from any and all liability, including legal fees, arising out of or in connection with your Content and/or the exercise by us of the rights licensed under these Terms and/or if Section 4.2 above or Section 4.3 above is not true.

Intellectual Property

5.1
By uploading Content to the Community, you grant to us and our affiliates, and you guarantee that you have all rights necessary to grant to us and our affiliates, a perpetual, irrevocable, royalty-free, sub-licensable, transferable, exclusive, worldwide license (“License”) to use, reproduce, make publicly available, exploit, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content in whole or in part, and in any form, media or technology, whether now known or developed in the future, for use in connection with the Community or otherwise commercially or non-commercially without any restrictions, in particular as part of the Emporis Community and in any other databases operated by or on behalf of us or any of our affiliates.
5.2
As part of your granting of the License in the Content, you waive any right to be named as author or creator and any other moral rights in connection with the Content.
5.3
Upon being granted the License under Section 5.1, we grant you the right to use any pictures which are part of the Content you have provided on your personal social media accounts exclusively for non-commercial purposes and the purpose of self-promotion if you are a service provider in a field directly related to the subject matter of the Community, such as an architectural photographer (but not any other commercial purposes).
5.4
Please note that the intellectual property provisions in this Section 5 apply to all Content (as defined in Section 3.1) that you have previously uploaded to the Emporis website or Community.

Remuneration

6.1
We may grant third parties the right to make certain personal/internal uses of individual images that are part of the Content ("Third Party Content Right"). We may do this in return for a one-time fee. If we receive a one-time fee for any such Third Party Content Right of an individual image that is part of your Content, we will pay you a share of 50% of the net revenue for that Third Party Content Right (“Revenue Share”). The net revenue for this purpose is the fee we have actually received for the Third Party Content Right, less any VAT and applicable bank charges associated with making the payment to you. For clarity, no Revenue Share or other compensation is paid for any other exploitation or use of the Content.
6.2
We may also offer our Members the opportunity to earn money from contributing certain Content to the Community (“Earnings”), as set out below.
6.3
Where Content is eligible for Earnings, this will be communicated via the Community, along with any applicable technical eligibility and quality criteria (which may also be stated within the relevant upload feature from time to time). Not all Content will be eligible (e.g. Content may not be eligible if there are already a sufficient number of images for a given building, or if the building is in certain excluded territories).
6.4
The amount of Earnings we offer for eligible Content will be displayed via the Community and may change from time to time (with effect for the future). All amounts communicated via the Community are in Euro unless expressly otherwise stated. Any bank charges associated with paying Earnings to Members will be deducted from the amount of Earnings paid to the relevant Member.
6.5
You are entitled to Earnings only if the Content you uploaded through the relevant upload feature meets the stated eligibility criteria. We will inform you if any Content does not meet these stated eligibility criteria. Please note that not receiving Earnings does not affect our rights in such Content under Section 5.
6.6
Members are solely responsible for all charges, fees, duties, taxes and assessments arising out of their use of the Community, including any Revenue Shares or Earnings. Your Account dashboard will provide an overview of the accumulated amount of your Revenue Shares and Earnings and, from there, you may request payment of the accumulated amount (“Payout”). A Payout is only possible if you have provided us with valid payment details as part of your Personal Information in accordance with Section 2.2.

Our responsibility for loss or damage suffered by you

7.1
We shall have unlimited liability for death and personal injury caused by our negligence, for fraud or fraudulent misrepresentation.
7.2
Subject to Sections 7.1 and 7.3, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example if you discussed it with us during the sales process.
7.3
Our liability in an event of data loss due to our negligence is limited to the amount that would have incurred if you had carried out a reasonable, regular and risk-appropriate data backup.
7.4
Any further liability of CoStar is excluded except where it would be unlawful to do so.

8 Leaving the Community

8.1
Your Membership is not time-limited. However, you may decide to leave the Community and delete your Account at any time. The deletion of your Account ends your contractual relationship with us and the Community. If you have accrued Earnings or Revenue Share under your Account, please make sure that you have requested a Payout before deleting your Account.
8.2
In addition to our rights under Section 4.4, we may terminate your Account and/or the contract between you and us in the following circumstances:
8.2.1
By giving you at least 14 days’ written notice.
8.2.2
If we have reasonable grounds to do so, including permanent operational disruptions due to circumstances outside our influence or control, and material breach of these Terms (particularly Section 4).
We will give you written notice if we exercise our right to terminate in those circumstances (which may include email, letter or a message within the Community).
8.3
If we decide to terminate a Member’s Account in accordance with Section 8.2 or you terminate your Account in accordance with Section 8.1, we will do our best to Payout any accrued Earnings or Revenue Share. If we have no Personal Information for you, in particular valid bank details, we will give you a reasonable opportunity to provide such bank details by email. If you do not provide the details requested within a reasonable timeframe we require, you will forfeit any accrued Earnings or Revenue Share.
8.4
Upon termination of your Membership, we will delete all User Data from our systems without undue delay. For clarity, we will keep the Content, and our right to use the Content as set out in these Terms remains unaffected. We are, however, entitled to store data, including User Data, beyond duration of the Membership to the extent we are legally or officially obliged.

Changes to the Terms

9.1
We may change these Terms if necessary for a fair reason that is unforeseeable at the time the contract was concluded between us. The previous sentence only applies if the change to the Terms is reasonable for you as well and does not significantly alter the Terms to your disadvantage. For example, it will be fair for us to change these Terms if there is a change in law or regulation that would make the performance of this contract more difficult or impossible, or if any of these Terms are declared invalid or illegal by a competent court.
9.2
You will be notified in writing (which may include email, letter or a message within the Community) of any planned changes to these Terms at least four weeks before they take effect (“Notice of Changes”).
9.3
Changes to the Terms are deemed approved by you if you do not expressly object to them within four weeks after receipt of the Notice of Changes. We will specifically draw your attention to this legal consequence, the commencement of the period, and the date on which the change takes effect. In the absence of such Notice of Changes or if the Notice of Changes is incomplete, your omission to object does not constitute an acceptance of the changes.

Miscellaneous

10.1
Should any provisions of this contract wholly or partially violate mandatory provisions of applicable law or be void or ineffective for other reasons, the other provisions remain unaffected.
10.2
The contractual relations between us and you are governed by the law of England and Wales. If you are a consumer residing in an EU Member State, this choice of law does not prevent you from benefitting from the mandatory provisions of the law of the EU Member State of your residence.

Last modified: 15 January 2021