Am I Going to Get Sued?

37 replies
I bought a bunch of random pics on a photo site but am unsure of what my rights are to use them. I actually put one on my ebook cover for resale. Am I allowed to do this?
#sued
  • Profile picture of the author kindsvater
    Stop using the theme today. Don't make another post or try to justify what you are doing - go change your theme.

    .
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  • Profile picture of the author sbucciarel
    Banned
    The answer is obvious. You don't own a license for Thesis and there's no excuse in the world why you should be using it since they were kind enough to refund you.
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  • Profile picture of the author TomYevsikov
    I know this sucks dude, I really do but you need to change that right away or there will be a big chance they will take a legal action against you(or send a tidal wave of hackers, yeah that can happen..)

    so, do yourself a big favor and remove this theme, sorry to hear that,
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  • Originally Posted by bathunter View Post

    I bought the Thesis theme and tried it out on one of my sites. The look was way too bland and unlike they ever mention in their marketing, Thesis requires a lot of technical knowledge if you want a good looking site. My mentor suggested changing to Headway. So before my 30 days was up I requested and got the refund.

    My thesis theme is still up, however, and I know it's not technically right for me to leave it that way. Now that my site gets traffic and leads, however, I don't want to mess with it until my buddy can help me switch it over to Catalyst which is suppose to be within the next 1-2 weeks. Will DIYthemes take legal action against me? Of course they have been sending me e-mails, but they're not really threatening. They just say "please remove Thesis, you don't have a right to use it anymore." I'm not trying to pirate their theme I want to get rid of it as soon as possible! But is it safe to leave it active for another 1-2 weeks?

    Please help

    1. Contact them via email and explain your situation.

    2. Possibly offer a gesture of paying a small fee or any other type of negotiation that you can settle on with them for the time being, so that you can sleep at night.

    3. If agreed, then that's good. If they don't agree and demand you take it down,
    you will have at least tried to communicate, and you will still be in the same position.

    P.S. This is not legal advice, just how I would approach it.


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  • Profile picture of the author MrMonetize
    Im not sure how some of you guys develop your sites, I presume a lot do it on the fly. I would suggest downloading MAMP on Mac, or XAMPP on Windows and develop them locally always. Then just upload the site on completion and configure your settings.

    If you ever need to change anything, be it layout, graphics, content, themes etc you do it all locally and re-upload. That way, your site never has any downtime and you can change your site to your hearts content. A swap over like this takes a few mins.
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  • Profile picture of the author Michael Oksa
    You should have stopped using the Thesis theme as soon as you got the refund.

    Now that they are sending you messages, no matter how "unthreatening" they seem, you are skating on thin ice. While the threat may appear small, every message they send is more proof that can be used against.

    I am not a lawyer, but I would NOT send them a letter as stotlingmediagroup suggests above. If you send them a letter asking if you can pay something to keep using Thesis, then you are only admitting your guilt.

    In short, take the theme down now.

    All the best,
    Michael
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  • Profile picture of the author IMChick
    Two choices:

    1. Take the theme down immediately (before you even got the refund would have been the proper timing).

    Stop putting your business and future earnings in peril because of someone else's schedule and act like the CEO of your empire.

    2. Re-buy the theme and use it legitimately after purchase.
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  • Profile picture of the author IMSince2003
    Designing themes is their livelihood. You requested a refund. Stop using the theme. It's not THEIR problem that YOU can't change your site quickly. They gave you a quick refund, now you hold up your end of the bargain.
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  • Profile picture of the author Black Hat Cat
    Banned
    No, they probably aren't going to sue you. But they could and probably will file a DMCA request causing your host to take down the site. What would that do to your leads and traffic?

    Just switch to a free theme until your friend gets you switched over. Doing so for the next 1-2 weeks isn't going to make or break your site.
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  • Profile picture of the author Thomas W
    I can't believe i'm actually reading this..
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  • Profile picture of the author Morten V
    Like mentioned above, switch to a free theme while you try to figure out what to do. Do it now!
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  • Profile picture of the author Auggie Tsai
    Get rid of the theme or pay them for the use of it. Just that simple.
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  • what would you tell them if the roles where reversed?
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    soon people... Relax...
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  • Profile picture of the author Troy_Phillips
    At least you didn't come on the biggest IM forum in the world and admit you were using their theme unlicensed.
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  • Profile picture of the author Campbell24
    Man I really think they are cool.
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    • Profile picture of the author MissTerraK
      Originally Posted by bathunter View Post

      Oh shit! I can't believe my friend used my account to make this post. He's obviously trying to conceal his identity through me. He is so wrong man I just can't believe he's doing that with a theme..............I told him to remove it IMMEDIATELY.
      You mean you've given your WF username and password out to someone else?

      Terra
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    • Profile picture of the author kolbywhite28
      Originally Posted by bathunter View Post

      Oh shit! I can't believe my friend used my account to make this post. He's obviously trying to conceal his identity through me. He is so wrong man I just can't believe he's doing that with a theme..............I told him to remove it IMMEDIATELY.
      Your friend couldn't have registered a new account? Just switch it to Flexibility 3 or something. Goodness.
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    • Profile picture of the author Troy_Phillips
      Originally Posted by bathunter View Post

      Oh shit! I can't believe my friend used my account to make this post. He's obviously trying to conceal his identity through me. He is so wrong man I just can't believe he's doing that with a theme..............I told him to remove it IMMEDIATELY.
      Yeah .. those "friends" will do it every time :-)
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by bathunter View Post

      Oh shit! I can't believe my friend used my account to make this post.
      Come on ... that's pretty lame. Just man up and admit you made a mistake and remove the theme. That'll go farther than a lame excuse that underestimates the intelligence of the WF members.
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      • Profile picture of the author MissTerraK
        Originally Posted by sbucciarel View Post

        Come on ... that's pretty lame. Just man up and admit you made a mistake and remove the theme. That'll go farther than a lame excuse that underestimates the intelligence of the WF members.
        That's exactly what my above post was for, getting him to man up.

        I was wondering which of the two evil's he'd choose.

        Terra
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    • Profile picture of the author Shannon Herod
      Originally Posted by bathunter View Post

      Oh shit! I can't believe my friend used my account to make this post. He's obviously trying to conceal his identity through me. He is so wrong man I just can't believe he's doing that with a theme..............I told him to remove it IMMEDIATELY.
      That one put a smile on my face :-)
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    • Profile picture of the author Brandon Tanner
      Originally Posted by bathunter View Post

      Oh shit! I can't believe my friend used my account to make this post. He's obviously trying to conceal his identity through me. He is so wrong man I just can't believe he's doing that with a theme..............I told him to remove it IMMEDIATELY.
      C'mon dude... do you honestly expect anyone over 5 years old to believe that? lol
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  • Profile picture of the author Chris Silvey
    Originally Posted by bathunter View Post

    I bought the Thesis theme and tried it out on one of my sites. The look was way too bland and unlike they ever mention in their marketing, Thesis requires a lot of technical knowledge if you want a good looking site. My mentor suggested changing to Headway. So before my 30 days was up I requested and got the refund.

    My thesis theme is still up, however, and I know it's not technically right for me to leave it that way. Now that my site gets traffic and leads, however, I don't want to mess with it until my buddy can help me switch it over to Catalyst which is suppose to be within the next 1-2 weeks. Will DIYthemes take legal action against me? Of course they have been sending me e-mails, but they're not really threatening. They just say "please remove Thesis, you don't have a right to use it anymore." I'm not trying to pirate their theme I want to get rid of it as soon as possible! But is it safe to leave it active for another 1-2 weeks?

    Please help
    Well it is pretty easy to move to another theme. Take note on your Widgets, Copy/Paste any Text Widgets into notepad, activate the new one, and move them over. Just ping pong back and forth till you have your widgets set.

    Pages and Post should be automatic, might have to assign statics again in settings/read, and do a refresh on permalinks when complete. It should be an easy transition.
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  • Profile picture of the author IMChick
    Irresponsible business owner. 1. uses theme after refund 2. gives password to WF to his 'friend' 3. can't man up when called out.

    Any predictions here? lol. Moving on.
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by IMChick View Post

      2. gives password to WF to his 'friend' 3. can't man up when called out.
      It was his imaginary friend. :p
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  • Profile picture of the author marketingva
    I love how he changed his original message so his theme stealing confession is no longer there. This is one person I won't be doing business with on the WF.

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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by marketingva View Post

      I love how he changed his original message so his theme stealing confession is no longer there. This is one person I won't be doing business with on the WF.

      Bonnie
      lol ... what a sleeze. Just for the record, when a post is quoted, it stays forever

      Originally Posted by bathunter View Post
      I bought the Thesis theme and tried it out on one of my sites. The look was way too bland and unlike they ever mention in their marketing, Thesis requires a lot of technical knowledge if you want a good looking site. My mentor suggested changing to Headway. So before my 30 days was up I requested and got the refund.

      My thesis theme is still up, however, and I know it's not technically right for me to leave it that way. Now that my site gets traffic and leads, however, I don't want to mess with it until my buddy can help me switch it over to Catalyst which is suppose to be within the next 1-2 weeks. Will DIYthemes take legal action against me? Of course they have been sending me e-mails, but they're not really threatening. They just say "please remove Thesis, you don't have a right to use it anymore." I'm not trying to pirate their theme I want to get rid of it as soon as possible! But is it safe to leave it active for another 1-2 weeks?

      Please help
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  • Profile picture of the author R Hagel
    I hope this thread stays up forever and ever and ever.

    You know, just as an example of how to ruin your credibility in 15 seconds flat.

    cheers,
    Becky
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by R Hagel View Post

      I hope this thread stays up forever and ever and ever.

      You know, just as an example of how to ruin your credibility in 15 seconds flat.

      cheers,
      Becky
      Yeah ... and the thing is... we gave him a chance to man up and just correct the wrong and he took the road to deception with imaginary friends and rewriting his original post. He could have redeemed himself and chose not to.
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      • Profile picture of the author MissTerraK
        Originally Posted by sbucciarel View Post

        Yeah ... and the thing is... we gave him a chance to man up and just correct the wrong and he took the road to deception with imaginary friends and rewriting his original post. He could have redeemed himself and chose not to.
        Exactly Suzzanne!

        I had to laugh when I read the reason for editing his original post...clarity. Ha!

        He should have chosen the synonym transparency for clarity instead. At least he wouldn't be deceptive then as it is as transparent as a wart on a witch's nose that he totally tried to wipe out his guilt in changing the whole original post.

        But you know what? I kind of feel sorry for him. Hopefully he learned something valuable from the whole thing anyway.

        Terra
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  • Profile picture of the author nick8820
    You may not get sued, They may not even find out . but you must not use their pics without permission, like you don't want someone to copy your content
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