- The Emporis Community
- Becoming a Community Member
- Our Services
- Your Obligations
- Intellectual Property
- Our responsibility for loss or damage suffered by you
- Leaving the Community
- Changes to the Terms
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 http://www.fingerlakeslpgstorage.com/community.
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
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
Please also ensure you read our 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.
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
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.
the link in the email is your acceptance of that offer. This will enable your account and provide
with access to the Community as a “Member” and will start your “Membership”.
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
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
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.
Membership of our Community is free of charge.
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.
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.
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
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
especially if this is required for data and operational security, or to ensure we continue to comply
with law or regulation.
As soon as we learn of any unauthorized use of an Account, we may block the relevant Member’s
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.
Dealing with the Community:
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.
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
or has been misused or accessed by, anyone else, you must tell us as soon as you can.
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.
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
You must only upload Content which complies with applicable laws.
You must only upload Content which you created and/or in respect of which you own the full and
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.
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
services or blocking the Account, permanent deletion of the Account and/or banning a Member from the
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
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.
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.
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
available, exploit, modify, publish, list information regarding, edit, translate, distribute,
publicly perform, publicly display, and make derivative works of all such Content in whole or in
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
particular as part of the Emporis Community and in any other databases operated by or on behalf of
any of our affiliates.
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.
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
any other commercial purposes).
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.
We may grant third parties the right to make certain personal/internal uses of individual images
are part of the Content ("Third Party Content Right"). We may do this in return for a one-time fee.
we receive a one-time fee for any such Third Party Content Right of an individual image that is part
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
Party Content Right, less any VAT and applicable bank charges associated with making the payment to
For clarity, no Revenue Share or other compensation is paid for any other exploitation or use of the
We may also offer our Members the opportunity to earn money from contributing certain Content to the
Community (“Earnings”), as set out below.
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
there are already a sufficient number of images for a given building, or if the building is in
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.
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
under Section 5.
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
We shall have unlimited liability for death and personal injury caused by our negligence, for fraud
or fraudulent misrepresentation.
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
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.
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.
Any further liability of CoStar is excluded except where it would be unlawful to do so.
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.
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:
By giving you at least 14 days’ written notice.
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
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).
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
you a reasonable opportunity to provide such bank details by email. If you do not provide the
requested within a reasonable timeframe we require, you will forfeit any accrued Earnings or Revenue
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
the Membership to the extent we are legally or officially obliged.
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
make the performance of this contract more difficult or impossible, or if any of these Terms are
invalid or illegal by a competent court.
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 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.
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.
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