Author Topic: Removal of images from Pixmac and Photos.com (FT and StockXpert affiliates) (Read 25071 times)

maco0708 · « **Reply #25 on:** January 20, 2009, 15:12 »

Little update,

Fotolia: The images from Pixmac were deleted and I can not find any other sites that would carry my images. I googled in many different ways and found nothing. So hopefully customers and iStock won't find anything either.

Stockxpert: Here is situation is lot more frustrating. I deleted all of my images a week ago and my images are still showing up on Photos.com and Jupiter Images. Since I deleted my images, I got two subscription sales (making whopping 60c). I contacted StockXpert, Photos.com and JUI. They all gave me the same answer: it can take up to 90 days to delete all images. I can't believe that they think that's OK to say something like that. What can take 90days? Are they shipping a paper letter from Alaska to Australia? I would understand that it would take 90days if I didn't do anything. But once I complain and people respond to my e-mails, why can't they just take care of it?

I think by biggest frustration come from the fact that I did not know about this. If I did, I would have deleted my StockXpert portfolio first, then wait till everything is taken care of and then delete portfolios at all other sites.

madelaide · « **Reply #26 on:** January 20, 2009, 16:23 »

I think two weeks would be a reasonable time to update all partners' websites. 90 days in surely too much!

Regards,
Adelaide

Maui · « **Reply #27 on:** January 20, 2009, 16:35 »

The point is: is you terminate your CONTRACT with a site, they have no right to sell your images anymore. If they can't garantee to remove your images immediately, that's completely ok, PROVIDED that they allow for that in their CONTRACT - and not in some obscure other place. Any other behaviour is bad business.

sharply_done · « **Reply #28 on:** January 20, 2009, 16:45 »

Quote from: Maui on January 20, 2009, 16:35

The point is: is you terminate your CONTRACT with a site, they have no right to sell your images anymore. If they can't garantee to remove your images immediately, that's completely ok, PROVIDED that they allow for that in their CONTRACT - and not in some obscure other place. Any other behaviour is bad business.

The StockXpert contract states that it may take up to 90 days to remove images:

Termination

Both parties can terminate this Agreement for any reason with a written notice and proof of identity. Upon termination, Stockxpert agrees to remove your Images from the Website and to send You the remaining earnings in your balance. Stockxpert shall use reasonable efforts to have your Images removed from the Stockxpert website to also be removed from the websites of any Stockxpert affiliates (including co-branded websites) within ninety (90) days of the removal of your Images from the main Stockxpert website. Any licenses issued by Stockxpert in respect of any your Images that are later removed from the Stockxpert website will remain in full force and effect. You acknowledge that if your membership account is terminated by Stockxpert because of copyright infringement or other kinds of serious - or even malicious - acts, your earnings and download credits will be confiscated.

The full StockXpert contract may be read here.

Tuilay · « **Reply #29 on:** January 20, 2009, 17:03 »

Quote from: sharply_done on January 20, 2009, 16:45

Quote from: Maui on January 20, 2009, 16:35
The point is: is you terminate your CONTRACT with a site, they have no right to sell your images anymore. If they can't garantee to remove your images immediately, that's completely ok, PROVIDED that they allow for that in their CONTRACT - and not in some obscure other place. Any other behaviour is bad business.

The StockXpert contract states that it may take up to 90 days to remove images:

Termination

Both parties can terminate this Agreement for any reason with a written notice and proof of identity. Upon termination, Stockxpert agrees to remove your Images from the Website and to send You the remaining earnings in your balance. Stockxpert shall use reasonable efforts to have your Images removed from the Stockxpert website to also be removed from the websites of any Stockxpert affiliates (including co-branded websites) within ninety (90) days of the removal of your Images from the main Stockxpert website. Any licenses issued by Stockxpert in respect of any your Images that are later removed from the Stockxpert website will remain in full force and effect. You acknowledge that if your membership account is terminated by Stockxpert because of copyright infringement or other kinds of serious - or even malicious - acts, your earnings and download credits will be confiscated.

The full StockXpert contract may be read here.

I second that. You signed a contract, you should understand what you're signing. I think you're being a bit naive about the rights of StockXpert . We go back to the original post of sharply_done asking you if you gave StockXpert enough time. Obviously you did not.

hali · « **Reply #30 on:** January 20, 2009, 17:08 »

Are you forgetting that IStock and StockXpert are literally related ? Why would StockXpert want to be unprofessional, it serves them no purpose. I have to agree with Tuilay and sharply-done that you did not read the contract . 90 days is not unreasonable.
It's only unreasonable to you. Objectively it's a practical waiting period for StockXpert.

sharply_done · « **Reply #31 on:** January 20, 2009, 17:13 »

Quote from: Tuilay on January 20, 2009, 17:03

I second that. You signed a contract, you should understand what you're signing. I think you're being a bit naive about the rights of StockXpert . We go back to the original post of sharply_done asking you if you gave StockXpert enough time. Obviously you did not.

FWIW, I was referring to FT, not StockXpert. And I'm on maco0708's side - before this thread I thought one week (two at most) would have been enough time. Live and learn, huh?

maco0708 · « **Reply #32 on:** January 20, 2009, 20:33 »

I got another e-mail pointing to the part of the contract that states 90 days. The same thing that Sharply has posted.

I agree with everybody that it is my fault and I can't legally force them to remove them earlier. It is in the contract and I DID sign it.

However, I still don't think that 90 day waiting period is cool and I think it should be written somewhere more prominent (like at BigStock, you have to click it every time you upload).

And I am even surprised that it hasn't been pointed out it great detail in this forum. As Sharply said, live and learn, I hope this thread will help other people to avoid this problem.