BrentD - Remember this thread and promise you made me? I'm ready to collect.

Subject:
NicheImages.com
Date:
Thu, 8 Apr 2004 07:22:26 -0700
From:
"David Slaughter" <[email protected]>
Organization:
Slaughter Productions


Ryan:

Thank you for you inquiry.
We are in the process of redesigning the niche image product. We have purchased the domain name
and are converting the site into Plug-in Galleries to marketed under the domain name
PluginPorn.com.
Currently we are finishing the new software and plan to begin uploading images and video in Mid
April with an expected launch of May 1st.

I will be more than happy to give you a $250 credit towards the new product even though your
revenue went to Brent not us.

I will keep you informed of the launch.

David Slaughter

Hello,

Right before Brent closed Niche Images, I sent him a $250 payment for 3 months membership. He
then closed the site before adding any new content and refused to give me a refund because he
said the site would be reopening soon under new management and my 3 months worth of membership
credit would be honored by the new owners. This was almost a year ago. Can you tell me when
this site will be open for business?

Thanks,


Ryan Dillman

Subject:
RE: [Fwd: NicheImages.com]
Date:
Thu, 8 Apr 2004 13:03:00 -0500
From:
"CD Media Distributors" <[email protected]>
Organization:
CD Media Distributors
To:
"'Ryan Dillman'" <[email protected]>
CC:
<[email protected]>




Ryan,


Hello and thank you for your email. We are no longer involved with
NicheImages and are not the owners of it anymore. You need to take this up
with Dave Slaughter who is the new owner of the site.

We did not sell the site under the intentions that it would be changed to
something else other then it is, your memebrship was also sold to the new
company as was everyone elses. If the new owner is not honoring your
membership with the same product we offered you then the new owner will be
responsible for any refunds as we sold the site under the impression it
would remain a content club and not a lease gallery, if the owner has
changed the format for the site then the new owner is responsible for any
refunds. We were not compensated in the buyout for refunds to customers and
were not told at that time it would become a lease gallery, if we had known
the format was going to change we would have not sold it.

If the new owner fails to provide you with a refund then please contact us
back and we will work out something with you to make it right, you have my
promise on that.


Thank you for your time,






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Brent F. Daugherty
Virtual Ventures
Tel: 317-513-9547
Fax: 775-239-9187
ICQ: 10174537
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MSN: [email protected]
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-----Original Message-----
From: Ryan Dillman [mailto:[email protected]]
Sent: Thursday, April 08, 2004 12:45 PM
To: [email protected]
Subject: [Fwd: NicheImages.com]

Brent,

Plug-ins? I do not want a $250 credit towards plug-ins. This isn't want
you promised me last year.

Ryan

get the grilled cheeses ready

one rule I learned when I got into this biz:









DON'T piss rictor off

Ok it's really simple but since some don't seem to understand it, let me spell it out.

We sold the site, all the images and video and all the memberships to Dave Slaughter, when he purchased the site he also purchased your memebrship and the rights to fulfill your membership to the fullest, if he does not fulfill your memebrship to the fullest then "HE" owes you a refund.

I having nothing more to do with the site or the way it is ran, if you are not happy with his decisions or his content then you are due a 100% refund of services not fulfilled by Dave Slaughter as the new owner of NicheImages.Com since last year.

As I said I would try to help you and offer you content if you needed it, I beleive that is alot more then I am required to do but my desire to ensure that customers are happy makes me want to offer you content in replacement for Slaughter not holding up on his agreement when he purchased the site and to honor all current memberships.

I as well as you am not happy with his decision and did not learn of the decision until after it was already sold to him last year. We all know leased feeds are a thing of the past almost, and a content club is a good offer these days.

You are entitled to $250.00 worth of content, and Slaughter is entitled as the new owner to ensure you recieve your money back or the content you need, if not then I said to contact me and I would do my best to help you out by giving you some content to replace the money you paid for a membership, which if you think about it, is not my responsibility but his, but I still want to offer my help if possible.

I am begin more then fair considering I do not own the site or memberships anymore, if you feel I am not being fair then please explain why you feel that way.

I still think it's bullshit that I renewed my membership BEFORE you sold your site, you pocketed my money, then you sell the site and tell me that if I want a refund, I have to collect it from the company you just sold your site to. This isn't how the world works.

That said, I also think it's bullshit that I've been waiting a YEAR to get ANYTHING...content OR a refund. A fucking year! Am I satisfied?! No! Does this make me want to spend more money at either of your content stores? HELL NO.

If Rictor won't buy, I won't either.

Holy dirty pool, he bought the membership from YOU, he didn't buy it from this new guy who's fucked him over, he bought it from YOU, who's fucked him over. You owe him the membership dues, plain and simple.

If Rictor made the deal with YOU, then YOU need to deliver, plain and simple.

Holy shit, we think very alike

Drama?

I don't personally care if the new owner bought active memberships, the contract (weather on paper or implied) was between BrentD and Rictor as soon as that transaction took place. BrentD is in breach of contract and must make good.

I hate to say this. jact is right on this one

Thanks guys. This seems pretty cut and dry to me as well. I don't always understand content provider logic though.

what, 4 months ago?

Pass the buck and no refunds....becoming very common nowadays.

If he paid you, you owe him what he purchased. If I was Rictor, I wouldn't have waited too long either - you either fulfill the end of the deal you've just deposited the cash from, or you send the cash back to me. Plain and very simple. If I would have been putzed around for a month or two longer while the new guy decides what he wants to do with the site, then I would have chargedback.

Been fucked already a few times - unless I'm 200% sure of the person who I'm dealing with, two weeks is generally when the firealarms and fucking devils start popping out of my head telling me to get my money back.

no, 5 months Matlock

I'm starting to think 2 weeks is generous. Fuck people.

Looks like it, get the popcorn ready!

Good philosophy.

I'm lost here.... I think I'm gonna drink this up

Bump.

When IBill was sold you received your funds from the new owners. If you did not receive the funds you go to IBill and not the old owners. It all depends if the contract was between Rictor and BrentD or between Rictor and the Site (company) .

Daily bump #2 of ?

bump for rictor

Sometimes I'ma just wait till I'd be 100 % sure that I won't get shit from the person . THEN I'l expose that person .

Oops, I forgot to bump this for a couple days.

You guys are wrong. In business the new owner is responsible. If someone purchases content from XYZ, and XYZ is then sold to another party, XYZ still owes the refund regardless of who owns XYZ at that particular time.

detoxed and andi understand real business, the rest of you need to get your head out of your asses and wake up.

When you sell a site or business, the new owner becomes responsible for all liabilities and claims, I have already spoke to an attorney on this issue, and David Slaughter is responsible for your refund or for making it right to you, not me, he bought your membership.

You fucking gotta love how people love to bash others on message boards, if you were unhappy with the service you should have called your CC company and did a chargeback, instead you waited a year to contact the new owner when you could have contacted the new owner early last year when they bought NicheImages.

Slaughter is a content provider, tell him you want $250.00 worth of content to use on your sites instead of a lease gallery membership, you make things harder then they gotta be.

Call your attorney, ask them who is responsible for teh refund, you will find out the same thing I did, the new owner now holds all liability for customer satisfaction.

Don't buy from me, thats your choice, not many from GFY do anyway because they don't like it when a person actually stands up and has a voice of opinion, thats me and always will be me, don't like it, STFU and stay out of my threads.

I don't believe that you incorporated Niche Images as a separate company, threfore you can't sell its debts with the site.

As for staying out of your threads, I don't plan on ever doing that.

<img src=http://www.514bombed.com/images/cry.jpg>

;)

You got issues dude!!!

I think BrentD is correct on this one.
For example, you have a resturant and you have $100k in debt. You SELL the resturant... The new owner who bought the resturant have to pay the debt, not the old owner who sold the resturant.
Same goes for the issue above.

you really don't have a clue huh?

It all depends on whether the restaurant is a separate entity or not, ie a corporation, or if it was a sole proprietorship or an asset of a corporation.

When a corporation sells an asset, they keep the debt.

When an entire corporation is sold, debts come included usually (unless the contract of sale specifies otherwise).

I'm saying Niche Images was only an asset of Brent's company, not a separate company.

I'm dropping the issue though. He claims he will ship me some content to make good and if that happens I'll let everyone know.

Exactly. And I'm quite sure that they didn't sell a corporation here, they simply sold a site, which is an asset. So the debt would remain with BrentD.

On a side note, it seems that cd-media.net is for sale, maybe you can collect your debt by taking it over Rictor.