Is it legal/ok to use gravatar's random images?

Question

I don't want to use Gravatar for images that their users have uploaded, but rather JUST for the randomised default image it produes via the URL http://www.gravatar.com/avatar/04d24379cd970b7670ee66fa203d646f?s=128&r=any&default=identicon&forcedefault=1 Is this legal to do ? Can't find anything in their TOS.

I originally wanted to use the Identicon Handler for ASP.NET but it's rife with errors.

Answer 1

Disclaimer: I am not a lawyer.

According to https://en.gravatar.com/site/terms-of-service/:

Use of the Services by Third Party Websites. Third party websites may enable the use of the Services on their respective websites as expressly authorized by Automattic (e.g., API calls into Gravatar: http://en.gravatar.com/site/implement); provided that they (i) do not copy, store or modify User Submissions; (ii) do not distribute, display, perform, use or otherwise exercise or exploit any User Submission or other user information for any purpose other than as necessary to perform the Services for the applicable user; (iii) have a privacy policy in effect and posted on such website that complies with all applicable laws and regulations and that notifies such user that it will only use personally identifiable information as set forth in (ii) above; and (iv) agree to be bound by and comply with all the terms, conditions, and limitations set forth in the Terms of Service (“Gravatar-enabled website”).

So, assuming you do not claim it as yours, do not store it, do not modify it and agree to comply with the other terms and conditions, you should be OK.

Answer 2

The random image that you try to use is made with the Identicon

Why not grab the code that generates them, and make the icons local on your server, and use them as you like.

The source code that make this images: http://identicon.codeplex.com/