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Old 04-12-2004, 02:33 AM   #1
Rictor
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BrentD - Remember this thread and promise you made me? I'm ready to collect.

http://www.gofuckyourself.com/showth...ghlight=brentd

"I got the hard drive from them and just finished the deal late last month, it took them a period of almost 4-5 months to pay us completely for the site, we are currently finishing up the copying of ids and releases for them and will be shipping the hard drive back to them this week which will finalise the deal completely on our end.

I will guarante you this ok, if you do not egt waht you paid for them, contact me immediately and I will honor it by shipping you content (which won't take long because if I remember right your right here in Indy where I am) that will take care of waht you paid for the memberships whcih I believe was about $249.95 right?"

Nicheimages.com is being turned into a feed site, not a subscription based content download site as promised. I e-mailed them about this the other day and they said a refund would have to come from you. I e-mailed you and you said a refund would have to come from them. The e-mails are very entertaining. If I hook my laptop up later I'll post them.
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Old 04-12-2004, 12:47 PM   #2
Rictor
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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
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Old 04-12-2004, 12:48 PM   #3
Rictor
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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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-----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
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Old 04-12-2004, 12:48 PM   #4
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Old 04-12-2004, 01:00 PM   #5
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one rule I learned when I got into this biz:









DON'T piss rictor off
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Old 04-12-2004, 01:01 PM   #6
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Old 04-12-2004, 01:29 PM   #7
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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.
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Old 04-12-2004, 04:34 PM   #8
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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.
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Old 04-12-2004, 04:37 PM   #9
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Old 04-12-2004, 04:50 PM   #10
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Quote:
Originally posted by BrentD
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.
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.
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Old 04-12-2004, 05:51 PM   #11
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Quote:
Originally posted by BrentD
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.
If Rictor made the deal with YOU, then YOU need to deliver, plain and simple.
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Old 04-12-2004, 05:52 PM   #12
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Quote:
Originally posted by jact


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.
Holy shit, we think very alike
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Old 04-12-2004, 05:54 PM   #13
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Drama?
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Old 04-12-2004, 05:56 PM   #14
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Originally posted by kush


Holy shit, we think very alike
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.
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Old 04-12-2004, 06:10 PM   #15
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Quote:
Originally posted by jact
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
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Old 04-12-2004, 10:11 PM   #16
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Thanks guys. This seems pretty cut and dry to me as well. I don't always understand content provider logic though.
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Old 04-12-2004, 10:18 PM   #17
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one rule I learned when I got into this biz:


what, 4 months ago?
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Old 04-12-2004, 10:39 PM   #18
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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.
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Old 04-12-2004, 10:39 PM   #19
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Quote:
Originally posted by BigFrog



what, 4 months ago?

no, 5 months Matlock
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Old 04-13-2004, 10:05 AM   #20
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Originally posted by Trixxxia
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.
I'm starting to think 2 weeks is generous. Fuck people.
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Old 04-13-2004, 10:08 AM   #21
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Drama?
Looks like it, get the popcorn ready!
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Old 04-13-2004, 03:24 PM   #22
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I'm starting to think 2 weeks is generous. Fuck people.
Good philosophy.
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Old 04-13-2004, 08:23 PM   #23
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I'm lost here.... I think I'm gonna drink this up
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Old 04-14-2004, 10:24 PM   #24
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Bump.
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Old 04-14-2004, 10:33 PM   #25
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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) .
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Old 04-15-2004, 03:12 PM   #26
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Daily bump #2 of ?
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Old 04-15-2004, 03:15 PM   #27
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bump for rictor
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Old 04-15-2004, 03:15 PM   #28
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Quote:
Originally posted by Trixxxia
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.
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 .
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Old 04-17-2004, 11:50 AM   #29
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Oops, I forgot to bump this for a couple days.
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Old 04-17-2004, 02:05 PM   #30
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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.
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Old 04-17-2004, 10:21 PM   #31
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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.
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Old 04-18-2004, 12:27 PM   #32
Rictor
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Quote:
Originally posted by BrentD
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.
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Old 04-18-2004, 12:30 PM   #33
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Old 04-18-2004, 12:55 PM   #34
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You got issues dude!!!
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Old 04-18-2004, 01:02 PM   #35
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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.
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Old 04-18-2004, 01:06 PM   #36
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Originally posted by Oracle Porn
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?
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Old 04-18-2004, 01:07 PM   #37
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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.
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).
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Old 04-18-2004, 01:15 PM   #38
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Now all this depends on if the contract was made with BrentD or BrentD's company. Meaning the company had a obligation to fulfill the contract not BrentD,
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.
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Old 04-18-2004, 01:16 PM   #39
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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).
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.
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