Photopoint! Is this fraud??

Joe Hawblitzel

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I have previously defended Photopoint against the slings and arrows of many E10ers here, but I've suddenly had my consciousness raised. On May 31 Photopoint charged my credit card for a year of service. Today, six days later, I received an email informing me they have eliminated the SmashCast movie feature, and WITHOUT NOTICE, wiped out all movies I had stored on their site. As a multimedia instructor, the only reason I forked over $$ to these folks was because of the ability to design multimedia movies on line. I consider it highly deceptive (if not fraudulent) to promote a service, take your money for that service, then drop the service without offering a refund. I feel further discouraged because I encouraged some of my students to sign up for this service, and they, too, are screwed without notice.

Below is a text of the email I received:

Dear Member,

We regret to announce that effective immediately, we will not be
offering SmashCast movies any longer on PhotoPoint. We have had
to discontinue our relationship with SmashCast, the provider of
the movies.

Unfortunately, there is no way to save your SmashCast movies, and
as of today, they are no longer viewable.

We sincerely apologize for the removal of this service on such
short notice.

If you have any questions, please feel free to contact our
Customer Service team.

Sincerely,
The PhotoPoint Family

--Joe Hawblitzel
 
Wow ---

That is quite a condemnation Joe. I have been uploading E-10 photos to their website for free for some time and I was toying with the idea of paying the $30/year they now demand for the same service. However, in light of your experience it seems they are pigs and not deserving of any of my hard earned denaro. Sorry you had to take it on the chin.

Bart
 
On May 31 Photopoint charged my credit card for a year of service.
Today, six days later, I received an email informing me they have
eliminated the SmashCast movie feature, and WITHOUT NOTICE, wiped
out all movies I had stored on their site.
Joe --

If they aren't giving you what you paid for, call the credit card company and dispute the charge. Since the charge is new, and because they terminated the feature you were most interested in, I'd bet the chances are good that the card company will reverse the charges -- and let Photopoint eat it. There's no way they should be able to keep your money and give you nothing in return.

Steve Herzog
http://www.4incite.com -- information for wedding/portrait photographers
 
This is a good idea. I got this same email today, and although I don't have any movies on the site, I thought it was pretty sh* y of them to do this. I also just paid their newly enacted "fee" for the site, and wonder if maybe we shouldn't ALL demand our money back. After all, this is one of the features that was promised on the site, and now they can't deliver. But the worst thing is that they simply deleted everyone's movies without any notice. At the very least, they should give some compensation for this to the people who did have movies stored there. K.
On May 31 Photopoint charged my credit card for a year of service.
Today, six days later, I received an email informing me they have
eliminated the SmashCast movie feature, and WITHOUT NOTICE, wiped
out all movies I had stored on their site.
Joe --

If they aren't giving you what you paid for, call the credit card
company and dispute the charge. Since the charge is new, and
because they terminated the feature you were most interested in,
I'd bet the chances are good that the card company will reverse the
charges -- and let Photopoint eat it. There's no way they should be
able to keep your money and give you nothing in return.

Steve Herzog
http://www.4incite.com -- information for wedding/portrait photographers
 
Joe, I find your post and question comical actually. You scream fraud without having facts. If in fact you truly believe they have engaged in a criminal scheme to defraud, you should be yakking at the cops. Give me a break.
I have previously defended Photopoint against the slings and arrows
of many E10ers here, but I've suddenly had my consciousness raised.
On May 31 Photopoint charged my credit card for a year of service.
Today, six days later, I received an email informing me they have
eliminated the SmashCast movie feature, and WITHOUT NOTICE, wiped
out all movies I had stored on their site. As a multimedia
instructor, the only reason I forked over $$ to these folks was
because of the ability to design multimedia movies on line. I
consider it highly deceptive (if not fraudulent) to promote a
service, take your money for that service, then drop the service
without offering a refund. I feel further discouraged because I
encouraged some of my students to sign up for this service, and
they, too, are screwed without notice.

Below is a text of the email I received:

Dear Member,

We regret to announce that effective immediately, we will not be
offering SmashCast movies any longer on PhotoPoint. We have had
to discontinue our relationship with SmashCast, the provider of
the movies.

Unfortunately, there is no way to save your SmashCast movies, and
as of today, they are no longer viewable.

We sincerely apologize for the removal of this service on such
short notice.

If you have any questions, please feel free to contact our
Customer Service team.

Sincerely,
The PhotoPoint Family

--
Joe Hawblitzel
 
Erm........wrong side of the bed this morning??
I have previously defended Photopoint against the slings and arrows
of many E10ers here, but I've suddenly had my consciousness raised.
On May 31 Photopoint charged my credit card for a year of service.
Today, six days later, I received an email informing me they have
eliminated the SmashCast movie feature, and WITHOUT NOTICE, wiped
out all movies I had stored on their site. As a multimedia
instructor, the only reason I forked over $$ to these folks was
because of the ability to design multimedia movies on line. I
consider it highly deceptive (if not fraudulent) to promote a
service, take your money for that service, then drop the service
without offering a refund. I feel further discouraged because I
encouraged some of my students to sign up for this service, and
they, too, are screwed without notice.

Below is a text of the email I received:

Dear Member,

We regret to announce that effective immediately, we will not be
offering SmashCast movies any longer on PhotoPoint. We have had
to discontinue our relationship with SmashCast, the provider of
the movies.

Unfortunately, there is no way to save your SmashCast movies, and
as of today, they are no longer viewable.

We sincerely apologize for the removal of this service on such
short notice.

If you have any questions, please feel free to contact our
Customer Service team.

Sincerely,
The PhotoPoint Family

--
Joe Hawblitzel
 
Hey, "cool pool".....the FACT is they deleted members' material without warning and without compensation. I don't know if that's legally "fraud", but is sure is NOT COOL. K.
I have previously defended Photopoint against the slings and arrows
of many E10ers here, but I've suddenly had my consciousness raised.
On May 31 Photopoint charged my credit card for a year of service.
Today, six days later, I received an email informing me they have
eliminated the SmashCast movie feature, and WITHOUT NOTICE, wiped
out all movies I had stored on their site. As a multimedia
instructor, the only reason I forked over $$ to these folks was
because of the ability to design multimedia movies on line. I
consider it highly deceptive (if not fraudulent) to promote a
service, take your money for that service, then drop the service
without offering a refund. I feel further discouraged because I
encouraged some of my students to sign up for this service, and
they, too, are screwed without notice.

Below is a text of the email I received:

Dear Member,

We regret to announce that effective immediately, we will not be
offering SmashCast movies any longer on PhotoPoint. We have had
to discontinue our relationship with SmashCast, the provider of
the movies.

Unfortunately, there is no way to save your SmashCast movies, and
as of today, they are no longer viewable.

We sincerely apologize for the removal of this service on such
short notice.

If you have any questions, please feel free to contact our
Customer Service team.

Sincerely,
The PhotoPoint Family

--
Joe Hawblitzel
 
Actually I didn't "scream fraud." I posed a question as to whether selling someone a service and not delivering it would represent fraud. I'm not a lawyer, so I ask, rather than assert or scream. And I have told Photopoint I'm considering a complaint to the Federal Trade Commission. I doubt my local "cops" would have jurisdiction or much interest. And of course I never accused anyone of criminality. And what facts do you believe I don't have anyway?? They took my money with a promise of a specific service. They then announced they would not provide the service. What facts am I missing, Mr. Cool?

Joe Hawblitzel
I have previously defended Photopoint against the slings and arrows
of many E10ers here, but I've suddenly had my consciousness raised.
On May 31 Photopoint charged my credit card for a year of service.
Today, six days later, I received an email informing me they have
eliminated the SmashCast movie feature, and WITHOUT NOTICE, wiped
out all movies I had stored on their site. As a multimedia
instructor, the only reason I forked over $$ to these folks was
because of the ability to design multimedia movies on line. I
consider it highly deceptive (if not fraudulent) to promote a
service, take your money for that service, then drop the service
without offering a refund. I feel further discouraged because I
encouraged some of my students to sign up for this service, and
they, too, are screwed without notice.

Below is a text of the email I received:

Dear Member,

We regret to announce that effective immediately, we will not be
offering SmashCast movies any longer on PhotoPoint. We have had
to discontinue our relationship with SmashCast, the provider of
the movies.

Unfortunately, there is no way to save your SmashCast movies, and
as of today, they are no longer viewable.

We sincerely apologize for the removal of this service on such
short notice.

If you have any questions, please feel free to contact our
Customer Service team.

Sincerely,
The PhotoPoint Family

--
Joe Hawblitzel
 
Youv'e been on the dpreview forum for what, two whole days now! We HELP each other here not ATTACK. Relax!

Bill H
I have previously defended Photopoint against the slings and arrows
of many E10ers here, but I've suddenly had my consciousness raised.
On May 31 Photopoint charged my credit card for a year of service.
Today, six days later, I received an email informing me they have
eliminated the SmashCast movie feature, and WITHOUT NOTICE, wiped
out all movies I had stored on their site. As a multimedia
instructor, the only reason I forked over $$ to these folks was
because of the ability to design multimedia movies on line. I
consider it highly deceptive (if not fraudulent) to promote a
service, take your money for that service, then drop the service
without offering a refund. I feel further discouraged because I
encouraged some of my students to sign up for this service, and
they, too, are screwed without notice.

Below is a text of the email I received:

Dear Member,

We regret to announce that effective immediately, we will not be
offering SmashCast movies any longer on PhotoPoint. We have had
to discontinue our relationship with SmashCast, the provider of
the movies.

Unfortunately, there is no way to save your SmashCast movies, and
as of today, they are no longer viewable.

We sincerely apologize for the removal of this service on such
short notice.

If you have any questions, please feel free to contact our
Customer Service team.

Sincerely,
The PhotoPoint Family

--
Joe Hawblitzel
 
Joe,

Have you told Photopoint you are not interested in the service without Smashcast and asked for your money back? If so, what was the response?

Jerry
 
Yes- I got one of those electronic replies telling me I would get a "real" reply within 48 hours.

Joe Hawblitzel
Joe,

Have you told Photopoint you are not interested in the service
without Smashcast and asked for your money back? If so, what was
the response?

Jerry
 
Sad to say but that is what Capitalism does. You do not matter - only profit counts.

Why they could not give you notice so you could retrieve your stuff is incredible. Even an excessively greedy company should not want to p i s s off its customers that much.
 
Joe,

I've defended Photopoint myself, and I must say, this isn't right of them to do this. You should have been notified at least a month ahead, so you could transfer your files. It makes me wonder if I should have an account anymore, for fear of logging on one day and discovering my entire photo collection has disappeared, because "albums" are no longer a feature.

Jason Busch
 
For everyone with PhotoPoint problems here is a phone number that gets you directly to them. Although I don't know what department answers. I asked for the CEO's ...Bernstein's office. I left a message on his voicemail yesterday requesting a return call and so far ...nothing. All should call and hound them. (4 1 5) 2 4 8- 5 1 6 3. The minute we pay they reduce the service....very wrong!!! By the way you can not find this number nor any phone # except for a fax # to the employment office on their web site.

Jan
I have previously defended Photopoint against the slings and arrows
of many E10ers here, but I've suddenly had my consciousness raised.
On May 31 Photopoint charged my credit card for a year of service.
Today, six days later, I received an email informing me they have
eliminated the SmashCast movie feature, and WITHOUT NOTICE, wiped
out all movies I had stored on their site. As a multimedia
instructor, the only reason I forked over $$ to these folks was
because of the ability to design multimedia movies on line. I
consider it highly deceptive (if not fraudulent) to promote a
service, take your money for that service, then drop the service
without offering a refund. I feel further discouraged because I
encouraged some of my students to sign up for this service, and
they, too, are screwed without notice.

Below is a text of the email I received:

Dear Member,

We regret to announce that effective immediately, we will not be
offering SmashCast movies any longer on PhotoPoint. We have had
to discontinue our relationship with SmashCast, the provider of
the movies.

Unfortunately, there is no way to save your SmashCast movies, and
as of today, they are no longer viewable.

We sincerely apologize for the removal of this service on such
short notice.

If you have any questions, please feel free to contact our
Customer Service team.

Sincerely,
The PhotoPoint Family

--
Joe Hawblitzel
 
Reading the fine print in the Photopoint Terms and Conditions is very enlightening. Did you know you are handing them the right to every picture you upload, to use in anyway they see fit, even ways not yet invented? And you give up the right to sue them if you don't like the way they have used or misused your work?

You agree to grant to PhotoPoint a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Content you submit to the Site by all means and in any media now known or hereafter developed.

PhotoPoint offers a variety of services on the Site, including e-greetings and a number of other products that can be personalized by the user with photo images selected from PhotoPoint stock photos, from members' own albums, as well as from other members' albums that are accessible to such member or on any public portion of the Site. The license granted by you to PhotoPoint expressly includes PhotoPoint's right to offer these services without compensating you for any use that is made of your photo images.

You agree that you shall have no recourse against PhotoPoint for any alleged or actual infringement or misappropriation of any proprietary right in any Content you submit to us.

So does this mean that even when you mark an album "private" they still have the right to do anything they want with pictures in it? I have posted pictures of pre-teen children in private albums (with passwords) so they could share the pictures and memories of school events with distant relatives. Granting Photopoint the right to use these pictures without permission of the children or parents pictured is just too much for me to swallow - Private doesn't seem to mean very much, does it?

Joe Hawblitzel
 
Man...Sorry to hear that Joe. I wonder if SmashCast archived any of that stuff? I ditto a couple of other folks about having your credit card reverser the charges. However, no amount of money can replace one-of-a-kind stored data. That being said, a couple of notes...

In this e-commerce, e-banking, e-everything world we're spiralling into, this incident reinforces the age-old rule of thumb when dealing with electronic media: back-up, back-up, back-up. If anyone is using the web as an exclusive storage device for their media, you're asking for a fall. Sorry to beat a dead horse.

Stew
I have previously defended Photopoint against the slings and arrows
of many E10ers here, but I've suddenly had my consciousness raised.
On May 31 Photopoint charged my credit card for a year of service.
Today, six days later, I received an email informing me they have
eliminated the SmashCast movie feature, and WITHOUT NOTICE, wiped
out all movies I had stored on their site. As a multimedia
instructor, the only reason I forked over $$ to these folks was
because of the ability to design multimedia movies on line. I
consider it highly deceptive (if not fraudulent) to promote a
service, take your money for that service, then drop the service
without offering a refund. I feel further discouraged because I
encouraged some of my students to sign up for this service, and
they, too, are screwed without notice.

Below is a text of the email I received:

Dear Member,

We regret to announce that effective immediately, we will not be
offering SmashCast movies any longer on PhotoPoint. We have had
to discontinue our relationship with SmashCast, the provider of
the movies.

Unfortunately, there is no way to save your SmashCast movies, and
as of today, they are no longer viewable.

We sincerely apologize for the removal of this service on such
short notice.

If you have any questions, please feel free to contact our
Customer Service team.

Sincerely,
The PhotoPoint Family

--
Joe Hawblitzel
 
Joe,

Please let us know if they follow through.

It's beginning to look like Photopoint lacks the business skills needed to be successful. Their original business plan was obviously flawed. The print business simply could not cover the expenses. They failed to recognize that the majority of their customers were simply looking for a cheap way to post photos on the web.

Now, having realized one error, they seem to be making another. People become much less tolerant when they pay for service.

Jerry
Yes- I got one of those electronic replies telling me I would get a
"real" reply within 48 hours.

Joe Hawblitzel
 
Like Jaja, I want to make something very clear: I did not lose any pictures since I have never used Photopoint for archival purposes. What I did lose was movies and those were stored as streaming video and could not be downloaded from their site or saved off site. That is the first part of my anger. The second part is they promoted the SmashCast movie feature as part of a value added service when they announced they would begin charging. Less than a week after charging me, they dropped that service without notice and without offering me a refund.

Your points about on-line storage are well taken. Myspace.com recently went to IPO heaven, but at least they gave users two days notice to remove stored data from their site. Hmmm . . . what if you were on vacation?

Joe Hawblitzel
In this e-commerce, e-banking, e-everything world we're spiralling
into, this incident reinforces the age-old rule of thumb when
dealing with electronic media: back-up, back-up, back-up. If anyone
is using the web as an exclusive storage device for their media,
you're asking for a fall. Sorry to beat a dead horse.

Stew
I have previously defended Photopoint against the slings and arrows
of many E10ers here, but I've suddenly had my consciousness raised.
On May 31 Photopoint charged my credit card for a year of service.
Today, six days later, I received an email informing me they have
eliminated the SmashCast movie feature, and WITHOUT NOTICE, wiped
out all movies I had stored on their site. As a multimedia
instructor, the only reason I forked over $$ to these folks was
because of the ability to design multimedia movies on line. I
consider it highly deceptive (if not fraudulent) to promote a
service, take your money for that service, then drop the service
without offering a refund. I feel further discouraged because I
encouraged some of my students to sign up for this service, and
they, too, are screwed without notice.

Below is a text of the email I received:

Dear Member,

We regret to announce that effective immediately, we will not be
offering SmashCast movies any longer on PhotoPoint. We have had
to discontinue our relationship with SmashCast, the provider of
the movies.

Unfortunately, there is no way to save your SmashCast movies, and
as of today, they are no longer viewable.

We sincerely apologize for the removal of this service on such
short notice.

If you have any questions, please feel free to contact our
Customer Service team.

Sincerely,
The PhotoPoint Family

--
Joe Hawblitzel
 
I told you guys over 2 months ago to abandon photopoint and go with fototime. I'm very happy with them and it's free. One of the best features is that you can view info on unedited E-10 photos. It gives the complete camera settings used. Hope it helps.

Curly Joe
I have previously defended Photopoint against the slings and arrows
of many E10ers here, but I've suddenly had my consciousness raised.
On May 31 Photopoint charged my credit card for a year of service.
Today, six days later, I received an email informing me they have
eliminated the SmashCast movie feature, and WITHOUT NOTICE, wiped
out all movies I had stored on their site. As a multimedia
instructor, the only reason I forked over $$ to these folks was
because of the ability to design multimedia movies on line. I
consider it highly deceptive (if not fraudulent) to promote a
service, take your money for that service, then drop the service
without offering a refund. I feel further discouraged because I
encouraged some of my students to sign up for this service, and
they, too, are screwed without notice.

Below is a text of the email I received:

Dear Member,

We regret to announce that effective immediately, we will not be
offering SmashCast movies any longer on PhotoPoint. We have had
to discontinue our relationship with SmashCast, the provider of
the movies.

Unfortunately, there is no way to save your SmashCast movies, and
as of today, they are no longer viewable.

We sincerely apologize for the removal of this service on such
short notice.

If you have any questions, please feel free to contact our
Customer Service team.

Sincerely,
The PhotoPoint Family

--
Joe Hawblitzel
 
You know what this reminds me of -

Geocities.

For quite a while (I learned about it after Yahoo took over Geocities) they had a clause just like that.

They got hounded, letters, and I think lawsuit threats andfrom what I understand, that clause is no longer part of the geocities contract (from what I understand - I have not actually had the chance to read thru a full current version of their TOS)

If you pay for a service, to host and hold your photos that does not necessarily give them the right to do whatever they want with them, especially copywritten work. This is one of those things that I could see a lot of backlash on.

Personally, I won't store information at any place, whether it be a picture, program or text if they have a clause like that in their TOS or contract.

-Tony
Reading the fine print in the Photopoint Terms and Conditions is
very enlightening. Did you know you are handing them the right to
every picture you upload, to use in anyway they see fit, even ways
not yet invented? And you give up the right to sue them if you
don't like the way they have used or misused your work?

You agree to grant to PhotoPoint a non-exclusive, worldwide,
royalty-free, perpetual license, with the right to sublicense, to
reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any Content you submit to the
Site by all means and in any media now known or hereafter developed.

PhotoPoint offers a variety of services on the Site, including
e-greetings and a number of other products that can be personalized
by the user with photo images selected from PhotoPoint stock
photos, from members' own albums, as well as from other members'
albums that are accessible to such member or on any public portion
of the Site. The license granted by you to PhotoPoint expressly
includes PhotoPoint's right to offer these services without
compensating you for any use that is made of your photo images.

You agree that you shall have no recourse against PhotoPoint for
any alleged or actual infringement or misappropriation of any
proprietary right in any Content you submit to us.

So does this mean that even when you mark an album "private" they
still have the right to do anything they want with pictures in it?
I have posted pictures of pre-teen children in private albums (with
passwords) so they could share the pictures and memories of school
events with distant relatives. Granting Photopoint the right to use
these pictures without permission of the children or parents
pictured is just too much for me to swallow - Private doesn't seem
to mean very much, does it?

Joe Hawblitzel
 

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