User:Aurevilly/sxc.hu (2)

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Extracts from sxc.hu, revised as 29 Dec, 2005

Terms of use[edit]

« The following is a legal agreement between You and the owners and operators of SXC.hu ("Website"), HAAP Media Ltd. ("SXC", "We"). By using the Website You agree to be bound by the terms of this Agreement. If You do not agree with the Terms of use, please do not use the Website.

« This agreement may be revised or updated without notice. You are advised to review it regularly. Details on updates can be found at the beginning of this document. »

(...)

Uploading Images[edit]

(...)

« You authorize SXC to be your non-exclusive agent that licenses Images FOR FREE to third parties based on the terms that can be found the Image License Agreement alongside the restrictions specified at each Image. SXC agrees not to sell these Images under any circumstances and not to distribute them outside the Website. »

Image license agreement[edit]

« The following is a legal agreement between You and the owners of SXC.hu ("Website"), HAAP Media Ltd. ("SXC", "We") which governs the use of non-watermarked images ("Images") downloaded from our Website. By downloading an Image You agree to be bound by the terms of this Agreement automatically, without any other conditions or declarations. If You do not agree with these terms, You are not allowed to download the Image. »

« All Images on the Website are copyrighted and they are the properties of SXC or its Image providers. All rights are reserved unless otherwise granted to You. Your rights to use the Image are subject to this agreement and the restrictions specified at each Image. »

« We hereby grant to You a non-exclusive, non-transferable license to use the Image on the terms and conditions explained in this Agreement and on the Image preview page FREE OF CHARGE. »

« You may use the Image »

  • « In digital format on websites, multimedia presentations, broadcast film and video, cell phones. »
  • « In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc. »
  • « Along with your corporate identity on business cards, letterhead, etc. »
  • « To decorate your home, your office or any public place. »

« You may not use the Image »

  • « For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, sociteties, cultures. »
  • « To endorse products and services if it depicts a person. »
  • « In a way that can give a bad name to SXC or the person(s) depicted on the Image. »
  • « As part of a trademark, service mark or logo. »
  • « SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS! »

(...)

Analysis[edit]

In its first terms of use, there was no mention of Stock.XCHNG being the agent of the uploaders as to their copyright. Now, people uploading on Stock.XCHNG authorize SXC to be a non-exclusive agent licensing images based on the terms of use. The first huge gap in the SXC is therefore filled.

So the prohibition of selling and redistributing SXC images seem to be correctly based on an agency capacity. This capacity makes my previous analysis out of date and I can only conclude that the Stock.XCHNG material has no place on the Commons and should be deleted.

Since there is no evidence that uploaders before 29 Dec, 2005 could have express their agreement, it is very dubious that deleting images downloaded before that date would breach the SXC terms of use. It is up to Foundation to decide to take this risk or not. villy 21:12, 3 April 2006 (UTC)