Thursday, March 8, 2007

Class Action

I've thought a lot about it.

Is this a class action?

As I noticed there are advertisers that are going to claim Pixelotto regarding bad traffic, bad service, bad whatever...

But how many?

I've started project (LMB).

The idea is the following:

1. Find Internet Law firms and interest them in cooperation with LMB
2. Register advertisers that have feelings of bad service and give possibility to Law Firms to help.

Benefits are:

1. For Law firms: give them additional possibility to "show up".
2. For advertisers: meet their needs.

Now I negotiate with one Law Company about this service.
Everything seems to be OK but I need additional "forces".
I mean not only law firms but engaged people.

Who want to participate in this crazy project?
Write me an email if you feel ability to add power.


Phil said...

First thing that needs to be done is the arrangement of the "legal" side of things to see if there is even a case. Once you have done that, you will be in a much stronger position to recruit the angry advertisers.

Good luck, and count me in once you have got the legal side of things worked out! :)

Anonymous said...

"Who want to engage in that crazy project? Write me an email if you feel ability to add power."

you know, if you can't speak or write english maybe you should just stick with attacking the millionrublehomepage founder - oh yeah, there isn't any creativity coming from that part of the world!

Anonymous said...

This is maybe not the place. But it would be nice if we could get some real hard stats about Unique users and total page impressions is what i'm looking for? That's the kind of stats that most advertisers would be interested in. Yet can't find them any where?

I notice a previous poster made a similar request earlier but never got a reply? So i am appealing again?

Anonymous said...

This is probably not the place. But it would be nice to see some hard stats i.e. page impressions ans unique users for the pixelotto site. I noticed someone mention this earlier but got no response.

I would love to find out what the real stats are and i'm sure a load of others would too.

Anonymous said...

"Who want to engage in that crazy project? Write me an email if you feel ability to add power."

you know, if you can't speak or write english maybe you should just stick with attacking the millionrublehomepage founder - oh yeah, there isn't any creativity coming from that part of the world!

pixelya said...

if i can help tell me. i like to help

pixelya said...

I like to help
I did not buy any pixels, but I am anti Alex Tew

Bob said...

I would add my name to an existing class action list. But I have absolutely no intention of putting my personal time and effort in this.

I have lost my money to a crook, ok, but it's not the worst thing that could have happened. Much worst would be if now, in addition to some money, I would loose time and dignity in chasing this crook.

I have no doubts Mr. Tew will ultimately pay a very high price, and a class action would ironically decrease the price for him. A price in dignity, conscience, and respect from the community.

By not giving refunds he is loosing something very valuable that he'll never be able to get back , while I have only lost a small amount of money.

alex fan said...

Class action is a waste of stupid idiots r getting
NO the terms and conditions....What a bunch of sore losers you all are....ALEX TEW is providing his service and great value 4 money....just 50 cents a day!!! So scumbags you ridiculous lawsuit is gonna be just another failure for you all....

Anonymous said...

i think its unfair to call A.T a crook. dont get me wrong, he should be refunding all of the money and closing the site.

I think a lot of people would have respect for him if he did that.

However, he has never been a crook. He simply sold advertisers a place on his homepage.

OK, the whole thing has been a failure, but hes not a crook. He just came up with a bad business idea. Im sure that pixelotto was never meant to be a scam, either.

A.T screwed up with this site, but he did nothing illegal.

He should give the refunds because it is the ethical thing to do, not because he has broken the law in any way.

Filip Roman said...

You are all just jealous. And some of you, bad businessman. What did you expect from buying a link on pixelotto? ROI of 500%?

Bob said...

Yes, I meant "crook" in a broad sense, not in a strictly legal one.

And not for coming up with a bad business idea, but for how he has behaved after that: one month of major technical problems are more than a valid reason to cancel a service for the remaining 11 months and get a refund for the remaining period. The first month amount could have been refunded or not; it is not uncommon to not get refunds even after a month of bad service. Rightly enough, because if you use a service, you can't at the same time claim it was bad. If it was, cancel it immediately and don't use it.

The "crook" part consists in not giving the money back for the unused months of service, when one makes a cancellation request.

This is denial of cancellation of services for the sole purposes of taking someone else's money against his will.

Filip Roman said...

Pathetic, you all

alex fan said...

moderation on you haven't got the guts to run an honest scumbag just the opinions you like to hear.........!!!!!!!!!!!

Anonymous said...

Is this site dead or has everyone taken a week off? No post, no comments and no answers either.

Need to add a last post and last comment counter to this blog too.

Has everyone defected to the other site or has the "Talk" of Litigation scared everyone off.

Beats me!

Anonymous said...

Lol I think it could be that most people are all talk, and when it comes to actually standing up and being counted, there are about 3 people willing to do that!

micheal said...

Happy to help out

suggest perhaps to get started perhaps

a) proofreading content for site

b) reviewing site structure

c) contributing to project reviews

d) proofreading legal communications

perhaps some sort of project wiki can be set up which allows people to add comments, submit documents etc etc

I'm sure a lot of people will be happy to be part of this, some direction is required from Alexander to kick it off.

here's a gmail address which I'll check about once weekly for now,

pl dot micheal at gmail dot com

[the word dot is clearly replaced by the punctuation mark for those of you who have not yet learned the woes of spam crawlers...]

Anonymous said...

check out my new site:

because your site really does suck!

alex fan said...

No refund you scumbags

Anonymous said...

one problem with legal action is that if someone has spent say 400 dollars on advertising, it would cost more than that to take the issue to court.

im guessing that this is the reason why only a minrity are taking the issue further.

however, where thousands have been spent on advertising it is slightly different--- indeed some of the bigger advertisers do appear to have had a refund.

Anonymous said...

I think that what many people dont understand is that the $200 cost per block is he same whether you advertise on the site for one year or one day.

as soon as your logo etc appears on the site you cannot get a refund-- because you have used the service.

the problems which plagued the site for around a month are covered in the T&C's.

not giving a refund is not 'denial of cancellation of services'--- you can cancel, you just wont get your money back.

I know, the whole thing sucks. good luck with the legal work though.

Anonymous said...

Oh, no! Did you see one more fucking pixel-idea?

The guy has made a site to sell cells of the World -

Ha-ha-ha... Who wishes to lose money again? :)

Bob said...

No, the $200 cost is not independent from an agreed upon duration.

According to the terms and conditions, there is a "duration" that regulates the contract and this is the period that goes "from the Publication Date to one Month after the Trigger Date"

Therefore the service is not used as soon as your logo appears on the website, but only once it stays there for, as things stand right now, a full 13 months.

Asking for cancellation and a refund and not getting either one, is denial of both a cancellation and of a refund. With the game system in place, you can't just remove an ad from the board and keep the money in the prize fund, as the prize fund could then go over 1 million if the same space is sold again, and in any case there would be issues on whether to consider that ad (and the clicks it has received) part of the final draw or not. So, as it happens, it is just so much easier for Tew to keep both the ad on the board and someone else's money in his pocket.

Anonymous said...

"not giving a refund is not 'denial of cancellation of services'--- you can cancel, you just wont get your money back."

------correct, but Mr Anonymous seems to think all of this is funny. would Mr Anonomous feel like this if he/she had lost money, like Bob?

You should be far more sympathetic, Mr Anonymous.

however,as much as i hate to say it i do kind of agree with Mr anonymous in some ways. I say this because it is made clear in the terms and conditions that once you buy pixels and your ad appears on the homepage there is no way of getting your money back.

So i guess Mr Anonymous does have a point. once your ad appears on the homepage (i.e. someone somewhere sees it on their screen for a second), thats it! you may not like it, but it was explained before pixels were bought.

Also, A.T. is not backing down from his commitment to keep the ads online until one month after the trigger date. Some may feel that the terms and conditions are weighted in A.T's favour, but then if you feel like that you should not advertise.

Unfortunately, pixel buyers cannot simply decide that they want to cancel, and forget about the terms and conditions they signed up to. pixel BUYERS made a commitment as well as A.T.

On one hand i think that this is unfair, and that legal action might help to create a precedent which would stop these things taking place in the future--- hense the legal action COULD be worthwhile.

But on the other hand i think people should always read the terms and conditions fully, and understand the agreement they have entered.

Maybe some people were confused by the legal language and terms used in the terms and conditions.


"With the game system in place, you can't just remove an ad from the board and keep the money in the prize fund, as the prize fund could then go over 1 million if the same space is sold again"

Completely wrong, Bob, I'm afraid! If you read section 12 of the terms and conditions you will see that there are plenty of ways in which a pixel buyer may end up having their ad taken off the site, without a refund. For example, if the site content being linked to was changed to something pornographic.

so, clearly, the 'game system' does allow for this. maybe the pixels wouldnt be resold, or if they were resold maybe all of the money would go straight to A.T. Or, maybe those pixels would be sold for $1 per pixel as the seller can always change his price. there are many possibilities, Bob!

Also, if you as a pixel buyer wanted your money back (hense your ad would be taken down) there would then be the problem of the clicks that have occured to YOUR ad, and whether it should be a part of the final draw.

Therefore, one second Bob is thinking about the poor clickers, and the next he is more concerned about his own pocket. The only difference Bob's opinion has to Mr Anonymous' is that he wants his money back when that link is taken down lol.

Mr Anonymous is clearly an insensitive ****, but maybe Bob is a little biased.

Anyway, good luck with the legal stuff, everyone.

and yes, i have noted the irony of me also being anonymous lol.

Oh, id also like to say im not associated with A.T in any way lol. he shouldve promoted this site instead of relying solely on the million dollar homepage. However, the terms and conditions cover his ass very well.

Anonymous said...

All very well said, except you are missing the point that the site had lots of technical difficulties meaning that Tew did NOT provide the service he agreed to in his amazing terms and conditions.

So the advertisers DO have a legal RIGHT to their money back!

Anonymous said...

Hey I think I'm the Mr Anonomous guy, being that you quoted my comment.

You call me insensitive and then go on to agree with me lol.

Bob and I may have seen things a little differently, but that was just a difference in opinion--- you made quite a personal attack :-(

I'm not saying i disagree with all of your comments, but where i may have been insensitive you were far worse!

quite frankly I cant work you out. First off you didnt like me, then you started kissing my ass, then you actually extended my argument before calling me a four letter word.

Your 'be nice to Bob' campaign became a 'hate Bob' campaign---you're nuts lol.

Because of you I'm changing my stance on this issue. Bob should have his refund AND the advertisement, to hell with the game system and Alex Tew should be sued and made to pole dance naked all night in a gay night club for community service, with a video of it sent to his friends and then put on Myspace.

Anonymous said...

to be honest mate, i didnt bother mentioning the technical difficulties because they have already been mentioned a million times around here lol.

Basically, as annoying as the whole thing is, it does come down to the terms and conditions.

technical difficulties are covered throughout the terms and conditions. for example, section 4.5

If all investors are to be honest, the technical difficulties are not the real reason for wanting a refund, they are just a glitch that advertisers mention to try to justify asking for one. you will not get far, bashing your head against the terms and conditions like this.

The real reason for asking for a refund is that the site has been a massive failure, for 2 main reasons:

1. obviously not enough pixels have been sold, and probably arent going to be. so, the site is not drawing big attention or press coverage. In short, advertisers have not benefitted as they thought they would.

The $1 million draw will never happen cos its gonna be more like $200,000, if that. however, this was also covered in the terms and conditions.

the second reason i give is something i think DOES give some legal questions to answer---

2. i thought about buying pixels, but as soon as i heard the idea i thought "if i were a clicker id just click on each ad and not even look at the advertisers. Hell, i might not even let the page load up".

I think that all PL does for advertisers is give them bad traffic-- People entering their site for 2 seconds not caring what the site is about. I think that A.T did forsee this, and i think potential advertisers have forseen this which is a large part of why they didnt buy pixels.

Even now i would buy pixels on MDHP before PL. At least when people clicked on the MDHP ads it was to see what the ad linked to, not just to register a click.

If i were an advertiser on PL id give up on the run-of-the-mill arguments that are covered so easily by any half decent lawyer, in the terms and conditions. The concept of 'bad traffic' is however far more worth seeking legal advice over.

I would argue that this 'bad traffic' breaches the morals of internet advertising. There is room for manoevre on this issue.

At least the courts could then have a situation where you may not get your money back, but maybe sites like PL will simply not be seen again.

Anonymous said...

The advertisers may be "using" the technical difficulties as a method to get a refund, but only in response to Tew being a sneaky little fucker by hiding behind his terms and conditions.

Fight fire with fire!

Phil said...

Alexander, are you any closer to creating

Anonymous said...

Yes A.T. is a cunt, but we already knew that.

Also nobody is saying you cannot "fight fire with fire", but you will need to come up with a sound legal argument that can contest the terms and conditions.

Alex Filatov said...

No progress so far.
I have very limited time schedule on my day work.
As soon as I get more free time I'll continue working on LMB.

Anonymous said...

Hey, does everyone remember on MDHP that the site may close after 5 years.

Judging by A.T's character id say its likely he will close the site after the 5 year mark.

he wont want even the smallest expense of running it.