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-   -   Could I Get Into Legal Trouble by Advising My Users to Cancel Membership with a Sponsor (https://gfy.com/showthread.php?t=1065348)

TheSquealer 04-20-2012 06:15 PM

50 naive and immature webmasters who have yet to be sued in life.


Quote:

Originally Posted by EddyTheDog (Post 18899698)
So, you are are saying there is no freedom of speech in the USA unless you can afford to defend yourself if someone doesnt like what you are saying?

I'm saying you're naive as to how grown ups actually use the legal system.

I can file a lawsuit tomorrow against you for defamation of character, liable and so on. Doesn't matter if its true or not. That alleged fact does not relieve you of the burden of getting into the ring with me and fighting my fight.

Whether it is true or not... its 100% irrelevant. Just to file a motion to dismiss the lawsuit is going to require you to hire an attorney, file a response and actually make a sound argument as to why the case should be dismissed.

Get it?

Cost to me? - $50.00 filing fee + cost to serve you papers
Cost to you? - ~$500.00 + retainer to hire an attorney and file a response
If you don't respond? - I file a motion for a default judgement against you for the entire sum of $1,000,000 in punitive and monetary damages.
Possible cost to you - $1,000,500.00

Is that too hard to understand?

Kick a sleeping tiger in the nuts = potentially severe problems.
Chalk it up to a lesson learned and move on with your life = 0 problems.

EddyTheDog 04-20-2012 06:21 PM

Quote:

Originally Posted by TheSquealer (Post 18899748)
50 naive and immature webmasters who have yet to be sued in life.




I'm saying you're naive as to how grown ups actually use the legal system.

I can file a lawsuit tomorrow against you for defamation of character, liable and so on. Doesn't matter if its true or not. That alleged fact does not relieve you of the burden of getting into the ring with me and fighting my fight.

Whether it is true or not... its 100% irrelevant. Just to file a motion to dismiss the lawsuit is going to require you to hire an attorney, file a response and actually make a sound argument as to why the case should be dismissed.

Get it?

Cost to me? - $50.00 filing fee + cost to serve you papers
Cost to you? - ~$500.00 + retainer to hire an attorney and file a response
If you don't respond? - I file a motion for a default judgement against you for the entire sum of $1,000,000 in punitive and monetary damages.
Possible cost to you - $1,000,500.00

Is that too hard to understand?

Kick a sleeping tiger in the nuts = potentially severe problems.
Chalk it up to a lesson learned and move on with your life = 0 problems.

So what I said was correct - There is no freedom of speech in the USA if you cant afford to defend it - Thanks for clearing that up.

Brad Mitchell 04-20-2012 06:22 PM

Quote:

Originally Posted by EddyTheDog (Post 18899698)
So, you are are saying there is no freedom of speech in the USA unless you can afford to defend yourself if someone doesnt like what you are saying?

Yes.

Brad

TheSquealer 04-20-2012 06:31 PM

Quote:

Originally Posted by EddyTheDog (Post 18899760)
So what I said was correct - There is no freedom of speech in the USA if you cant afford to defend it...

You don't even know what "freedom of speech" and what protected speech is.

Liable is not protected speech. I can't come on here and tell everyone that I saw you sucking cocks on the street for $5.00 behind a building off sunset blvd in LA.

So, again to answer the simple remarks of a child... "no, you can't just go around saying anything you want, anytime you want, anywhere you want, just because you want to" without having to worry about consequences.

EddyTheDog 04-20-2012 06:42 PM

Quote:

Originally Posted by TheSquealer (Post 18899777)
You don't even know what "freedom of speech" and what protected speech is.

Liable is not protected speech. I can't come on here and tell everyone that I saw you sucking cocks on the street for $5.00 behind a building off sunset blvd in LA.

So, again to answer the simple remarks of a child... "no, you can't just go around saying anything you want, anytime you want, anywhere you want, just because you want to" without having to worry about consequences.

The answer I gave to the OP was...

Quote:

I guess you can request they cancel their accounts - Just be careful when explaining why they should ...
I must have missed something because it sounds like we are giving the same advice.

lagcam 04-20-2012 06:43 PM

Without knowing all the details, this reminds me of that case with AWE where the guy was incentivising people to sign up through his link.......

AAB 04-20-2012 07:12 PM

Quote:

Originally Posted by Jesus H Christ (Post 18899779)
In short, if a large company is going to spend the time and money to shut you up...

I was doing just fine before I started promoting kinkydollars and will do just fine after I no longer have anything to do with them. That's what was instantly clear to me when, after I enquired why I couldn't log into my account, I was told that my account was banned. Life goes on, they are not the only sponsor in the world.

But seeing how after 6+ years of being their affiliate and 4+ years of promoting them on this specific site they just banned my account after I moved their banners up to the most prominent area of my pages resulting in a bunch of big spenders signing up through my aff code, I felt cheated. So I went ahead and made a few banners which had a text on them explaining what happened and advising my members to cancel their subscription they may have paid for when this ad space had banners promoting the sites.

I knew kinkydollars was a big player and a few cancelled subscription would not disrupt their operation, yet I still felt that it's not right that they should rake money in from people referred to them by me while not even bothering to explain to me why my account was banned.

Look at it this way (this is just an example, actual course of events may have been different):

Let's say you run a website about alternative sexual practises. For the purpose of this example, let's say you have a sub/dom site. It contains videos and photos of voluntary submissive women being abused by voluntary dominant men and a self righteous prick comes to your site, sees women getting abused by men, gets offended and swears to take your site down. Since niche of your site is not illegal in any way, he can't succeed taking it down through legal means so he at least goes through lengths to hurt it in some way. The easiest thing to do is to whine to advertisers to disrupt cash flow to the site.

This is precisely what happened to me. Though in my case, the advertiser decided to side with the whiner and responded by terminating my account without telling me so I continued sending traffic without realizing and when asked why they terminated my account, they did not reply. I didn't want to watch my members support the backstabber, so I was gonna tell them I was backstabbed so they know whom they paid money to. I had banners made, but before posting any of them, I decided to bring it up with GFY cause this board is full of webmasters who struggle with the type of shit I have to go through. Afterall, GFY used to be an "industry board" so having a business related thread, I thought, should be perfectly within the scope of it.

As I said - with or without kinkydollars, my life will be just fine. The same goes for GFY.

signupdamnit 04-20-2012 07:31 PM

Quote:

Originally Posted by AAB (Post 18899841)
I was doing just fine before I started promoting kinkydollars and will do just fine after I no longer have anything to do with them. That's what was instantly clear to me when, after I enquired why I couldn't log into my account, I was told that my account was banned. Life goes on, they are not the only sponsor in the world.

But seeing how after 6+ years of being their affiliate and 4+ years of promoting them on this specific site they just banned my account after I moved their banners up to the most prominent area of my pages resulting in a bunch of big spenders signing up through my aff code, I felt cheated. So I went ahead and made a few banners which had a text on them explaining what happened and advising my members to cancel their subscription they may have paid for when this ad space had banners promoting the sites.

I knew kinkydollars was a big player and a few cancelled subscription would not disrupt their operation, yet I still felt that it's not right that they should rake money in from people referred to them by me while not even bothering to explain to me why my account was banned.

Look at it this way (this is just an example, actual course of events may have been different):

Let's say you run a website about alternative sexual practises. For the purpose of this example, let's say you have a sub/dom site. It contains videos and photos of voluntary submissive women being abused by voluntary dominant men and a self righteous prick comes to your site, sees women getting abused by men, gets offended and swears to take your site down. Since niche of your site is not illegal in any way, he can't succeed taking it down through legal means so he at least goes through lengths to hurt it in some way. The easiest thing to do is to whine to advertisers to disrupt cash flow to the site.

This is precisely what happened to me. Though in my case, the advertiser decided to side with the whiner and responded by terminating my account without telling me so I continued sending traffic without realizing and when asked why they terminated my account, they did not reply. I didn't want to watch my members support the backstabber, so I was gonna tell them I was backstabbed so they know whom they paid money to. I had banners made, but before posting any of them, I decided to bring it up with GFY cause this board is full of webmasters who struggle with the type of shit I have to go through. Afterall, GFY used to be an "industry board" so having a business related thread, I thought, should be perfectly within the scope of it.

As I said - with or without kinkydollars, my life will be just fine. The same goes for GFY.

Good luck to you. You seem like one of the decent ones still left in the business. Kink.com used to be one of those as well and I probably don't need to tell you that but it seems this business and the way things have moved have changed a lot of people for the worst unfortunately.

AAB 04-20-2012 08:18 PM

Quote:

Originally Posted by signupdamnit (Post 18899863)
Good luck to you. You seem like one of the decent ones still left in the business. Kink.com used to be one of those as well and I probably don't need to tell you that but it seems this business and the way things have moved have changed a lot of people for the worst unfortunately.

Cheers dude. I know how it goes on GFY - vast majority are brownnosing sheep. If it involves any big players, then there must be more to the story :2 cents:

Clearly not everyone is a sheep, but they are so few and far between it's rare to hear from them.

raymor 04-20-2012 10:01 PM

A chargeback is essentially an allegation of fraud, saying the company either banged your card or didn't deliver after you paid. A falae chargeback (allegation) is therefore fraud. Asking people to commit fraud against another company would be a very, very bad idea.

Slappin Fish 04-20-2012 11:06 PM

maybe I missed something but nowhere do I see AAB say he will ask them to chargeback, only cancel their membership..

VenusBlogger 04-21-2012 01:21 AM

As long as it's with GOOD FAITH there is nothing they can do.

And there is nothing they can do to proof you had BAD FAITH either.

Those things are impossible to proof on court and still it will make them waste at least 50K to go to court to TRY to proof something like this.

Yeah yeah some ignorants will jump in and say: "you have no idea", blablabla...

Period.

VenusBlogger 04-21-2012 01:27 AM

Quote:

Originally Posted by AAB (Post 18899841)
I was doing just fine before I started promoting kinkydollars and will do just fine after I no longer have anything to do with them. That's what was instantly clear to me when, after I enquired why I couldn't log into my account, I was told that my account was banned. Life goes on, they are not the only sponsor in the world.

But seeing how after 6+ years of being their affiliate and 4+ years of promoting them on this specific site they just banned my account after I moved their banners up to the most prominent area of my pages resulting in a bunch of big spenders signing up through my aff code, I felt cheated. So I went ahead and made a few banners which had a text on them explaining what happened and advising my members to cancel their subscription they may have paid for when this ad space had banners promoting the sites.

I had this problem with many sponsors in the last 2 years, crazy because I have never had a problem with any sponsor ever before...

Truth is that sponsors are crazy and ultra sensitive lately and they choose the wrong ENEMIES: Affiliates.

They can't see affiliates are hard working people sending them sales.

Instead of attacking the real problem: Pornbb, Awempire, extremeboard, etc...

they attack affiliates.

It's a crazy situation beause every fucking big site promotes awempire, then awempire supports illegals forums that post KINKYDOLLARS SITE RIPS for FREE.

But KINKY DOLLARS bans their affiliates, INSTEAD of going after pornbb and AWEMPIRE...

In the webmaster conventions, KINKYDOLLARS maybe takes a coffee with AWEMPIRE guys???

The problem here is that they CANT SEE THE REAL and BIG PICTURE here...

When you become a millionaire and lose your HUNGER, you start losing timing and sensitivity with the environment.

AAB 04-21-2012 02:32 AM

Quote:

Originally Posted by Jesus H Christ (Post 18900165)
Do you know this for a fact? - Or is this just an assumption? If you've been screwed i'd be happy to help, not going to do it for free. I have list of my favorite charitable companies and if you simply make a donation and you're NOT in the wrong, I am absolutely sure we can get your money back, or a reasonable reason on why they banned your account.

Kinkydollars didn't provide any explanation as to why they banned my account when I initially asked for them to clarify it. But if you go through the thread you'll notice that a person with a kink.com email address asked me to contact him. In a conversation with him I was told what the reason for banning was and remedies were offered. I didn't originally know why I was banned, but I do know now.

And thank you for your offer, but I do not need any such assistance as you mentioned. You just need to grow a pair of balls and wipe your nose of shit you have on it. You'll feel much better about yourself :2 cents:

porno jew 04-21-2012 02:34 AM

i think he posted why he was cancelled - some do-gooder complained about his forum. looks like it's resolved and account back anyway.

AAB 04-21-2012 02:38 AM

Quote:

Originally Posted by porno jew (Post 18900174)
i think he posted why he was cancelled - some do-gooder complained about his forum. looks like it's resolved and account back anyway.

LOL, can't believe there is a person with a brain on GFY. Damn!

:thumbsup:thumbsup

rowan 04-21-2012 03:11 AM

Quote:

Originally Posted by raymor (Post 18900010)
A chargeback is essentially an allegation of fraud, saying the company either banged your card or didn't deliver after you paid. A falae chargeback (allegation) is therefore fraud. Asking people to commit fraud against another company would be a very, very bad idea.

At least someone understands what I was trying to say. :thumbsup

TerryM 04-24-2012 04:00 PM

Quote:

Originally Posted by AAB (Post 18900177)
LOL, can't believe there is a person with a brain on GFY. Damn!

:thumbsup:thumbsup

We had a few employees threaten to resign over the content on your site. I had to make a choice and side with the employee.

Additionally, You are still getting paid as well rebills and all for life.

I just wanted to clear this up. Who and when did you email? We sent you a notification about this when it happened. We are simply protecting our brand.

Terry

tonyparra 04-24-2012 05:07 PM

case closed.

suesheboy 04-24-2012 05:22 PM

Quote:

Originally Posted by EddyTheDog (Post 18899760)
So what I said was correct - There is no freedom of speech in the USA if you cant afford to defend it - Thanks for clearing that up.

You can't yell fire in a movie theater either or say you have a bomb on a plane.

Free Speech (not freedom of speech) does not mean what you say does not have consequences.

You have some serious maturing to do.:2 cents:

rogueteens 04-24-2012 06:04 PM

Quote:

Originally Posted by Terrykink (Post 18906710)
We had a few employees threaten to resign over the content on your site. I had to make a choice and side with the employee.

I dread to think what that site contains but part of me is curious now.

mafia_man 04-25-2012 05:07 AM

Quote:

Originally Posted by tonyparra (Post 18906861)
case closed.

I want to know what content can make an employee threaten to resign.

iSpyCams 04-25-2012 06:14 AM

It's a community so, it's not hard to imagine forum squabble butt-hurt escalating.

sojproductions 04-25-2012 06:58 AM

resign over content on a porn site, really?

Trend 04-25-2012 08:51 AM

Quote:

Originally Posted by EddyTheDog (Post 18899698)
So, you are are saying there is no freedom of speech in the USA unless you can afford to defend yourself if someone doesnt like what you are saying?


Haven't you heard?

http://chevronthinkswerestupid.org/s...a8118f9b_o.jpg

AAB 08-29-2012 04:22 AM

Quote:

Originally Posted by tonyparra (Post 18906861)
case closed.

I thought it was, but turns out Kinkydollars are big fat liars. The promise I was given that I would get paid for sign ups delivered was never upheld. After 6 months of not having been paid a penny and all emails ignored it's pretty clear that these crooks are more than just rip off bastards. How do they sleep at night - I have no idea.

Sneakers2606 08-29-2012 04:32 AM

Quote:

Originally Posted by TheSquealer (Post 18898409)
In spite of all the children and their idiotic comments, anyone can sue anyone. So if you took it upon yourself to intentionally harm someones business, you should expect ramifications and there are plenty of legal grounds for it. The very intention of your actions would be to cause financial harm. You might be right. You might feel you're right. You won't feel that way when you read your name on a lawsuit alleging a wide range of malicious acts on your part that's now a matter of public record and to which you must respond or possibly get a default judgement against you for damages.

As a mature adult, you should be thinking about the possible costs of your actions.

The possible gains = 0 The possible costs = > 0.

Not a hard formula to understand ;)


This makes sense.


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