TEAM SR website used my car to sell the jetspeed bocy kit. Of course i no longer have that bumper but oh well. I didnt even know. Amazing, SR splits and you dont even hear word that they need a pic. They didnt even take it i did with my own camara a posted it here. Oh well. Heres the website. http://www.teamsr.org/Hyundai/00accent-jetspeed.html
there is a damages and liability waiver on the website under its policies tab.
Further, as the picture was posted rather then say stolen, it could be argued that the posting of the picture was an implied authorisation to use it at the websites discression.
So if you do not want your pictures taken for others to use on there website for advertising, how do you protect them. I know you probably copyright them, but would you have or be some clause on your site telling this? Just curious?:|
Tim, u should kindly write them an email asking for a few free goodies from sharkracing (dont get greedy). Let them know that since u are making money for them that they should somehow reimburse u a little. Perhaps a header or hid kit or somthing ?
Who knows they might go for it.
common law is common law for the most part, regardless if its GB, CAN, or USA.
the website does have a policy/fine print on the site, where is says the following:
Quote:
[body]
Limitation of Liability and Disclaimer
The Team SR web site (www.teamsr.org) and the materials therein are provided "AS IS". Team SR makes no representations or warrantees either express or implied, of any kind with respect to the operation, contents, information, or materials contained therein. You agree that Team SR, Evo Fusion, Inc., its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Team Sr web site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages. Team SR shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Team SR shall immediately issue a credit to your credit card account in the amount of the incorrect price.
[/body]
you will notice that the Limitation covers COMPENSATORY, special incidental punitive and consequential damages.
Also, as I had said before, by posting a picture on a publicly accessed forum, you are effectively giving implied consent to the fair and free use of the photo. This only does not apply if you add a copyright or similar statement with the photo clearly indicating the photo's intended use.
HOWEVER, nothing says that you can't email or call up shark racing and ask em for some free stuff or some sort of compensation in some fashion.
of course, These are just my thoughts, and are not my recommendations. I DO recommend that if you are looking to pursue it further, do retain a lawyer and discuss this matter with him/her.
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