Thank you for your quick reply.

I will definitely add the 'Powered by:' text above the logos thoughout
the program.  As far as the intermixing goes, I may simply add
separate dropdowns that will allow the user to choose between search
results from each engine.

Also, if the user happens to select a search as their
'wallpaper' (instead of a search result), the order the wallpapers
appear from search engines is completely random.  If that is against
the TOS, I may have to do a bit of coding to make sure search result
wallpapers appear in order, and aren't mixed with any other results.
There is also a 'collage' mode, and images from those will appear
scattered thoughout the screen.. I'm not sure how to enforce order on
that.

I'll do some digging to find a Google legal expert.  In the mean time,
the 'intermixing' view on the GUI can easily be fixed.



On May 25, 6:12 pm, Jeremy Geerdes <[email protected]> wrote:
> Whenever you deal with TOS issues, it's best to have a legal expert in the 
> mix. I am not one of these, and I don't know anyone on the group who is. So 
> if you have any doubt about any of the advice that you receive here, you will 
> want to consult someone who is.
>
> That said, I see a couple of issues with your use of the Google Image Search 
> API.
>
> First, you mentioned that the search functionality itself is free, but users 
> will be expected to pay for the managing portion of the app. I don't think 
> this is going to be a problem, BUT you will need to make absolutely clear 
> what the users are paying for.
>
> Second, the TOS require very specific branding - "powered by Google" - to be 
> displayed in proximity to any Google results. Simply displaying the logo 
> could be construed as insufficient.
>
> And finally, the one show-stopper, so to speak. Section 1.4 of the Image 
> Search API TOS explicitly prohibit changing the result order, intermixing of 
> Google search results with results obtained from other sources, or even 
> intermixing other generic content with Google search results such that this 
> extra content appears to be part of Google's results. In other words, if 
> you're going to search multiple engines, you will need to separate at least 
> the Google results out from all the rest.
>
> These are just three issues that jumped out at me from your screenshots. 
> There may be others if we were allowed to dig into the code and UI. You will 
> definitely want to address these issues, and probably consult a legal expert 
> to ensure compliance with other terms.
>
> Jeremy R. Geerdes
> Generally Cool Guy
> Des Moines, IA
>
> For more information or a project quote:
> [email protected]
>
> If you're in the Des Moines, IA, area, check out Debra Heights Wesleyan 
> Church!
>
> On May 25, 2011, at 4:32 PM, Joshua Pilkington wrote:
>
>
>
>
>
>
>
> > Hello,
>
> > I am developing an application for Windows that is a wallpaper manager/
> > changer.  I plan on making this a for-profit commercial application.
>
> > One of the (out of many) features it has is that it can find images
> > from Google/Yahoo/Bing/Flickr.  I have API keys from each engine and
> > use them in coordination.
>
> > I need to have some clarification on the branding/commercial use
> > requirements from Google.
>
> > The implementation of the search (obtaining images) will be free -
> > however the features of my product (wallpaper management, etc.) will
> > require a license.
>
> > As far as branding goes, here are some screenshots of the search
> > engine:
> >http://www.joshuapilkington.com/Search.Engine.html
>
> > The search results in the two second views are mixed with those of
> > other sources (Yahoo/Bing/Flickr).
>
> > Please let me know of any changes that I need to make, as the TOS is
> > pretty vague and seems to change frequently.  I need to make sure when
> > I release this product that it isn't breaking any rules.
>
> > --
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