Sher said:Ok, perhaps they were although looking at the same FTD images that I have on my site and the same image you have on your site with the Cosmopolitan name under it along with another name that you have, can you really do that without FTD clkimbing up your shorts so to speak.... If this is legal, then what would prevent me from taking Rich's images or Cathy's images and "altering" them and then putting my watermark on them.
Not sure if it's "illegal" or not, but sure looks like a material breach of the license agreement with FTD. It's not a good idea to alter any digital images that you do not own. Licensing does not trasnfer the copyright ownership. The following is the license agreement for all of you to examine. Actually this is the first time I ever read this kind of stuff.
A. GRANT
This Agreement when signed by both You and FTD confirms FTD’s grant to You of the right to obtain and use the Images in accordance with the following terms and conditions:
1. The Images are subject to a license only for your use in the production of promotional materials for FTD products. All wire orders generated by use of the Images must be cleared through FTD.
2. All printed copies, reproductions, and uses of the Images must feature the FTD mark, copyright notice, product number, and any other text assigned to each Image as provided by FTD.
3. The Images may not be modified, altered, adapted, or changed, in whole or in part, to create derivative Images of any kind, other than to add the information specified in the Ad Slicks (e.g., shop name, address, phone number, etc.).
4. The Images shall not be used in association with any trade name or mark other than the florist store’s Member name and the Member’s city and state address must be prominently displayed in each advertisement featuring any Image.
5. The Images shall not be used in proximity to images of non-FTD products or non-FTD marks and names so as to cause confusion as to which products are those of FTD.
6. The Images may only be used on the website, if any identified below. A separate license is required for each website, if any.
7. Membership Rule 2 (See Section O. herein) applies to all use of the Images and FTD marks.
8. The Images shall not be transferred or given to any third party for any purpose not in accordance with the terms of this Agreement.
9. You will be in material breach of this license agreement as well as in violation of FTD Standards of usage of its Marks, if you scan, copy, download or otherwise obtain FTD Images or advertising from any other florist’s website or from any other source whatsoever other than directly from FTD by e-mail or in CD form, from an authorized FTD Website or as may otherwise be authorized in writing by FTD designating an FTD authorized source.
10. Use of the Images shall be immediately terminated:
a) when FTD ceases to use an Image in the most current FTD Floral Selections Guide unless otherwise expressly permitted in writing by an authorized officer of FTD;
b) in the event your FTD Membership is terminated or suspended, or you are put on probation;
c) upon request of FTD for any reason, with or without cause, and FTD shall have no liability for such termination.
[snip]
N. FEES
Your fees for use of the Images are $7.50 per High Resolution Image (as ordered through the Marketing Department—If no images are ordered, no fee will be applied).
Gosh, I didn't know that I have to pay $7.50! Lucky that we don't have any FTD images on our web site.