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iBardia · #1 01-07-2009, 06:58 PM

I don't get this.. So, I don't know how many of you know about Webkinz, but I have a site about them, and someone else does too. So, we used to have stars for our ranks, but we are going to change to pictures of Webkinz items. So, another site uses the WEBKINZ Lava Lamps, and they are telling me that if we use Webkinz Lava Lamps, they are going to sue us. They don't OWN the Lava Lamps though.. What should I do? Am I allowed to use them, or should I not? The owners of the site are 13 and 14 though..

UKBusinessLive · #2 01-07-2009, 07:07 PM

That depends if the lava lamps are in the public domain or not.

I use You tube on my site, but i won't sue another site that uses it too, because You Tube is universally available to anyone. Check out the lava lamps and read their conditions for use, If they are available for download or use by anyone then the "Other" site, hasn't got a leg to stand on.

At 13 and 14, i doublt that they could mount a legal challenge and inccur all the legals cost prior to going to court.

Try not to let it worry you but check out about the lamps if they are copyright free, use them

iBardia · #3 01-07-2009, 07:09 PM

Quote:

Originally Posted by UKBusinessLive

That depends if the lava lamps are in the public domain or not.

I use You tube on my site, but i won't sue another site that uses it too, because You Tube is universally available to anyone. Check out the lava lamps and read their conditions for use, If they are available for download or use by anyone then the "Other" site, hasn't got a leg to stand on.

At 13 and 14, i doublt that they could mount a legal challenge and inccur all the legals cost prior to going to court.

Try not to let it worry you but check out about the lamps if they are copyright free, use them

Well, the lamps are made by Ganz, and on their website they say
"The Lava Lamps are made by Ganz, and we do not own them" or something like that, so I don't think that. And really, anyone with a Webkinz account could just take a screenshot of one..

King Kovifor · #4 01-07-2009, 07:15 PM

Quote:

Originally Posted by iBardia

Well, the lamps are made by Ganz, and on their website they say
"The Lava Lamps are made by Ganz, and we do not own them" or something like that, so I don't think that. And really, anyone with a Webkinz account could just take a screenshot of one..

Find Ganz's website and if they are freely available to download, the site will have a hard time suing you.

EDIT: Ganz is actually WebKinz -- I googled WebKinz Ganz and it came up with:

WebKinz, a Ganz Website.

UKBusinessLive · #5 01-07-2009, 07:24 PM

Is this a picture of it??

Roms · #6 01-07-2009, 07:33 PM

http://www.webkinz.com/us_en/user_agreement.html

Quote:

All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, EStore items, Public Materials, Member Materials, feature codes and access codes together with all digital images activated by such codes, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Ganz Materials”) are the property of Ganz, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, the “Ganz Group”), and are protected, without limitation, by Canadian and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of this User Agreement, the use of any Ganz Materials on any other website or networked computer environment is prohibited.

Looks clear to me... You can't use their images...

iBardia · #7 01-07-2009, 07:45 PM

Quote:

Originally Posted by King Kovifor

Find Ganz's website and if they are freely available to download, the site will have a hard time suing you.

EDIT: Ganz is actually WebKinz -- I googled WebKinz Ganz and it came up with:

WebKinz, a Ganz Website.

I looked. If you say they own them, it should be ok.

Bawtneez · #8 01-07-2009, 10:58 PM

Well, if they are the images straight of the site, they arent their images. IF they edited them and fancied them up and what-not, they may just not want someone else taking credit for their work is all.

Lynne · #9 01-07-2009, 11:16 PM

Is there really no other image you can use so you can have something unique? Why do you want to use the same image this other site uses?

iBardia · #10 01-08-2009, 11:03 PM

Quote:

Originally Posted by Lynne

Is there really no other image you can use so you can have something unique? Why do you want to use the same image this other site uses?

Quote:

Originally Posted by Bawtneez

Well, if they are the images straight of the site, they arent their images. IF they edited them and fancied them up and what-not, they may just not want someone else taking credit for their work is all.

I would not be using the same EXACT image. It would be cropped, but the lava would be in a different place

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