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Website theft and stealing money from services paid for.

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AJStarr

Junior Member
What is the name of your state (only U.S. law)? Vermont

deviantart.com

I was a member of a website for several years, and recently, a user on there began harassing and defaming a large number of other users. She told everyone to stay away from us, not to bother contacting us for art commissions because of things she ADMITTED she was only told by other people, as she never spoke to any of us. Now, seeing as how I have never even had a detention to my name, I took offense to this, and sent a request to administration to deal with her. After over 2 weeks of no response, a lot of us on that list decided to let this user know what she was doing was not only wrong, but illegal since she was purposely costing us money, even after admitting she had no clue what she was talking about.

I replied to her, and let her know that harassing and defaming people in the case of it costing them money was illegal, and for her to take down her journal. She did not, and instead, wiped off every comment from every user sent to her linking her to the laws she had broken.

I contacted the website's help desk, and they took over two weeks to answer... and instead banned every single one of us for "harassing her." As I found from filing a complaint to the BBB, the administrator who did this, has been named in several of the complaints from paying customers like myself. Every attempt I have made to fix this with her has been met with smart-*** replies, and I have asked for a direct phone number to speak to someone several times, only to be told; "We await contact from a lawyer by you on this matter, we will not discuss it any further." In one of the BBB complaints, it's listed that the website actually disconnected their business number after several lawsuits were filed a few years back due to the same attitudes and practices I'm seeing in my issue.

They owe another user on the site $35 for a membership he purchased for me which they refuse to refund to him, claiming they have no legal right to do so, even though they won't transfer the membership to him. Refusing to provide the service for goods purchased is against the law, correct? So why in the world are they allowed to do this, AND refuse to give me any direct contact with a real person to discuss this?

As I have found on the BBB website, the conduct of this website is 2/3 of the time unresolved, as they flat out refuse to deal with anything, and they even disconnected their business line a couple years back in order to stray from dealing with real problems.

Should I get ahold of an attorney to deal with this?
 


AJStarr

Junior Member
I'm sorry... I also forgot to add, since they locked my account, I am not allowed to remove my drawings. I have asked repeatedly as well for them to remove them, as they are all still advertised on the website, SOME photos that are up for sale I took... which means if they sell, the website will keep all the money.

It's my property... and I would like to know why they are allowed to refuse to take it down and lock me out of doing so myself.
 

FlyingRon

Senior Member
Sorry, you're out of luck. There's no requirement they transfer or refund membership fees. The BBB is almost completely ineffectual. It presumes that the party cares about their BBB file (and even then, it's stacked against the consumer despite what they claim).

I can almost guarantee you gave them irrevocable license to use your drawings. They don't have to allow you to delete them.
 

AJStarr

Junior Member
Even if the drawings are of copyrighted images? I don't see how they can refuse to take them down when the image isn't anything they own to begin with.
 

AJStarr

Junior Member
Anyone have another opinion? I spoke to a lawyer out of NY state, and he's saying the exact opposite of what I've been told in here.
 

quincy

Senior Member
You may wish to re-read the Terms of Service you agreed to when becoming a member of that site.

If, however, you wish to pursue the matter with an attorney, that is certainly an option you are free to consider. I suggest you have the attorney first review the TOS so that he can better advise you on where you stand legally.

Good luck.
 

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