Site says "here's some pictures submitted by users". Strangely enough, they managed to get two of my photos within minutes of my posting them on Flickr. At least they linked then with a link-back per Flickr TOS, but my account is marked Rights Reserved and I most definitely did NOT "submit" them to their site.
I'd be flattered (my first thefts!!!) if I didn't think it was just automated based on tags. (sigh)
Update: Sent the contact email a message asking them to remove them, pointing out that my photos were marked "ARR". Got a pretty quick response from a Jan van Romburgh basically saying "we don't claim rights, photos are public" and linking me to the Creative Commons and API info on Flickr. Too bad the API TOS specifically says that he's still responsible for making sure appropriate rights are even available for HIM to link them without my permission:
Paragraph a. ii. [You agree to...] Comply with any requirements or restrictions imposed on usage of the photos by their respective owners. Remember, Flickr doesn't own the images - Flickr users do. Although the Flickr APIs can be used to provide you with access to Flickr user photos, neither Flickr's provision of the Flickr APIs to you nor your use of the Flickr APIs override the photo owners' requirements and restrictions, which may include "all rights reserved" notices (attached to each photo by default when uploaded to Flickr), Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of Flickr photos in compliance with the photo owners' requirements or restrictions...
Edited by rtrski, 26 July 2009 - 07:30 PM.