well im actually not selling anything, the games are all available to embed freely to myspace, blogs or your website.

so i feel comfortable about that bit, since im sure the most popular gaming sites arent offering any money to anyone to use them themselves, also there is a fair use defence that can be used, and that is that you honestly believe that what your doing doesnt violate fair use, i searched up the content i displaed in wikipedia that described the use of video game images and screenshots and placed it in the legal section of my site, i feel that section defines defines fair use clear enough that i would be ok, considering what ive done doesnt impede the original copyright owners ability to generate money in anyway, there is more in that secion on website.

as for the screenshots in the banner, they are definately not reuseable for anyone interested in selling them, i think the resolution of them has been reduced at least 30 percent..

also the use of them is very limited taking only a small portion of the screen and are used in a descriptive sense to display what content maybe found within, ie, the characters displayed inform the user that free flash games with those characters are with the site

i would like more feedback though about what you consider selling, obviously if i was trying to sell the flash games i would be definately doing something wrong, cause im sure most of the games are provided only to display on your myspace or blog or website,

most of the top flash game sites supply the embed code to these games freely, so whats the go?

are they all in violation, should they all be sued, for every gif banner and game screenshot, let alone their games
?

take it all down ?

lol, im just saying that my site does nothing that others do, accept try to address the consideration of fair use itself, seamingly no others even bother, i hope that i can feel more comfortable with my site if it gets more visitors and attention,

personally i have no bother taking the banner down, and creating some public domain collage of images that have very little relevance to my site, i could use flash game characters from screenshots such as METAL SLUG

do you think if it came to it, that screenshot images of the popular characters found in the FREE flash games would be considered more appropriate in terms of free use,

but furthermore what do you propose about supplying to play games found only at free flash games sites that are available to embed freely to blogs, myspace, facebook and even websites across the world

what about google and yahoo, and widgetbox

they all supply games of this nature,,,, are they liable too?