User asking for credits for image.

[PalmBeachGames]

What is the name of your state (only U.S. law)? Texas

We're a small game developing team, our team developed a software, when we released it people uploaded screenshots and video of the software in action. We used one of the screen shots which has our software shown, after 5 months the user who took the image is now requesting we provide credits. Do we have to? We recently also updated our ELUA (1 month ago) which section "5. CONSENT OF USE OF DATA" says "You agree that [Company Name] may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to [Product Name]. [Company Name] may also use this information to provide notices to you which may be of use or interest to you."

Edit
I believe i have my answer, PhotoBuckets TOS:

When you make your Content public, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, distribute, stream, post publicly display (e.g. post it elsewhere), reproduce and create derivative works from it (meaning things based on it), anywhere, whether in print or any kind of electronic version that exists now or is later developed, for any purpose, including a commercial purpose.

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

We're a small game developing team, our team developed a software, when we released it people uploaded screenshots and video of the software in action. We used one of the screen shots which has our software shown, after 5 months the user who took the image is now requesting we provide credits. Do we have to? We recently also updated our ELUA (1 month ago) which section "5. CONSENT OF USE OF DATA" says "You agree that [Company Name] may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to [Product Name]. [Company Name] may also use this information to provide notices to you which may be of use or interest to you."

Edit
I believe i have my answer, PhotoBuckets TOS:

Are YOU PhotoBucket? If not, then you don't necessarily have any right to use the image.

 

[PalmBeachGames]

No, the user claiming the image has posted it on PhotoBucket. We just found the image and used it, the user now understands PhotoBucket's TOS and no longer has an issue with it.

 

[quincy]

No, the user claiming the image has posted it on PhotoBucket. We just found the image and used it, the user now understands PhotoBucket's TOS and no longer has an issue with it.

Photobucket can use any of the material publicly posted on Photobucket (they are given worldwide non-exclusive rights, including the right to use what is publicly posted for a commercial purpose).

However, it you read all of the terms and conditions, concentrating on the "Content and Privacy" section, you will see that if the copyright holder makes his work public on Photobucket, while any other member is allowed to copy, distribute, publicly perform, publicly display, reproduce and create dervivatives of the work (rights generally exclusive to the copyright holder), another member of Photobucket, or anyone else, cannot use the publicly posted material for commercial purposes. That would be an infringement of the copyright holder's rights.

So, you would be infringing on the image-creator's rights if you are using the image in a commercial manner. It is unclear to me from what you have posted exactly how you are using the image. If you are using the image for display purposes only, you are not violating the terms of service of PhotoBucket or infringing on the rights of the copyright holder. If, however, your use can be judged a commercial use, crediting the creator would be the cheapest route for you to take, as the creator could potentially have an infringement action to pursue - and these can get costly.