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Author Topic: For those who've left pond5 make sure your images aren't still there  (Read 6111 times)

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« on: February 20, 2015, 04:40 »
+2
After getting sick of pond 5's petty rejection reasons i'd decided enough was enough and asked them to clear my balance into my paypal account, remove my images and close my account.
After their pathetic 'we just want the best for you and our customers' excuse I reiterated my desire to leave them.
So they paid my balance into my account. I then got news of a sale for $10 followed by news my account had been closed.
I then contacted them about the unpaid $10 sale (no reply)
I then out of curiosity went to the site and looked for my images as a customer would and lo and behold they were all still there available for sale, so I contacted them again asking how this was possible? (no reply)
Went to bed and awoke to see another sale email coming through this time for $7, so checked again and indeed my images were/are still there available for sale even though my account is closed.
Contacted them again about this (still no reply)
This to me is nothing other than fraud and I would recommend for others that might have left Pond5 to check that their images/sounds/videos have indeed actually been removed.

I myself will be making inquiries as to were I legally stand on this.


Semmick Photo

« Reply #1 on: February 20, 2015, 05:00 »
+2
How long was between the request and the sales?

To have an account closed make take a while. What is in their T&C about that?

Semmick Photo

« Reply #2 on: February 20, 2015, 05:11 »
0
Quote
12. Term and Termination.
We may for any or no reason terminate this Agreement in connection with any specific Content or all Content (the "Terminated Content") at any time by providing you with written notice including: (i) a statement of our intent to terminate; (ii) the effective date of such termination; and (iii) an identification of the Terminated Content. We will remove from the Website the Terminated Content and cease offering sub-licenses to the same no later than the effective date of termination.
You may for any or no reason remove any or all Content from the pond5.com Website or deliver to us written notice of your request that we remove any or all Content from the Website. Such notice must be communicated by email to legal pond5 com or such other means of written notice acceptable to us which enables us to confirm your identity. After we are able to reasonably confirm your identity and the authority of the individual who sent the notice, we will use our reasonable efforts to as soon as is practical cease offering such Content to Resellers and Content Users and remove the same from the Website. Subject to the next sentence, upon such removal the rights granted hereunder to us in connection with the specified Content will terminate. We and the Resellers may continue to utilize the terminated Content for purposes of advertising, marketing and promoting the Website, including use of the Content and derivative works thereof on the Website for such advertising, marketing and promotion of the Website, for a period of one (1) year from the effective date of such termination.
Notwithstanding any other provision in this Agreement: (i) removal of any content from the Website and/or the termination or expiration of this Agreement or any rights granted to us hereunder will not terminate, alter or otherwise affect any rights granted by us as authorized in this Agreement prior to the effective date of such removal, termination or expiration, including rights granted to Content Users under the terms of the Pond5 License Agreement or any sub-license thereof permitted by said agreement, and each of such rights and sub-licenses will continue in full force and effect in perpetuity; and (ii) if any of your Content is in a customer's cart at the time of the removal or termination, we will not be required to remove the Content from the cart and we may allow the customer to purchase a license to such Content under the Pond5 License Agreement for a period of 30 days after such removal or termination.
Upon termination, we will be entitled to retain all amounts owing to you for a period of thirty (30) days to determine any applicable rights of set-off, and shall be entitled to deduct from such amounts, a reasonable administrative fee for establishing, managing and terminating your account.
The terms and provisions of the Preamble and Sections 1, 3(e), 4(d), (e) and (f), 5(b) through (f) and 7 through 19 shall survive termination or expiration of this Agreement for any reason.

https://www.pond5.com/legal/contributor

« Reply #3 on: February 20, 2015, 05:14 »
+2
My point Ron is that they shouldn't be closing the account until all images are removed regardless of their TOS.
When I search the site for individual items I can easily buy my own images but links to my portfolio are disabled even though my images are clearly still up there.

« Reply #4 on: February 20, 2015, 05:16 »
+1
After getting sick of pond 5's petty rejection reasons i'd decided enough was enough and asked them to clear my balance into my paypal account, remove my images and close my account.
After their pathetic 'we just want the best for you and our customers' excuse I reiterated my desire to leave them.
So they paid my balance into my account. I then got news of a sale for $10 followed by news my account had been closed.
I then contacted them about the unpaid $10 sale (no reply)
I then out of curiosity went to the site and looked for my images as a customer would and lo and behold they were all still there available for sale, so I contacted them again asking how this was possible? (no reply)
Went to bed and awoke to see another sale email coming through this time for $7, so checked again and indeed my images were/are still there available for sale even though my account is closed.
Contacted them again about this (still no reply)
This to me is nothing other than fraud and I would recommend for others that might have left Pond5 to check that their images/sounds/videos have indeed actually been removed.

I myself will be making inquiries as to were I legally stand on this.

 :o
Before you make any inquiry, make sure you've got the screen grabs of images you found as a proof!
I hope you will get to the bottom of this and get a compensation too.
Keep us informed.
« Last Edit: February 20, 2015, 09:04 by KnowYourOnions »

Semmick Photo

« Reply #5 on: February 20, 2015, 05:18 »
+2
My point Ron is that they shouldn't be closing the account until all images are removed regardless of their TOS.
When I search the site for individual items I can easily buy my own images but links to my portfolio are disabled even though my images are clearly still up there.
OK, agree.

« Reply #6 on: February 20, 2015, 05:20 »
-1
My point Ron is that they shouldn't be closing the account until all images are removed regardless of their TOS.
When I search the site for individual items I can easily buy my own images but links to my portfolio are disabled even though my images are clearly still up there.
OK, agree.

Yeah probably somebody just forgot to delete your files...so so unprofessional!  >:(

« Reply #7 on: February 20, 2015, 07:40 »
+2
My point Ron is that they shouldn't be closing the account until all images are removed regardless of their TOS.
When I search the site for individual items I can easily buy my own images but links to my portfolio are disabled even though my images are clearly still up there.

Yes, I never understood this BS about closing an account but images staying active. This is all digital media. If you can close an account, you can just as easily zap the images at the same time. I understand they have other work to do, and it might take a few days to get to the request, but once the account is closed, the images should be gone. Anything different is just plain bull$hit.

« Reply #8 on: February 20, 2015, 08:55 »
+2
P5 accepts almost everything I submit, stills and videos. Yes I do have rejections there but not enough to close my account. I consider P5 one of the "good guys" of stock, a fair trade agency. My sales are low there but I am hoping they pick up steam.  Have you tried contacting them to have a discussion about the rejections?

I do understand your frustration. I just had 45 of 50 rejected on Photodune and am about up to my limit of the high rejections before I call it quits.  I did have some email exchanges and they ended up accepting most of some previous images, but it's just too much hassle to keep emailing PD to argue rejections when their sales are pitiful anyway.

« Reply #9 on: February 20, 2015, 13:18 »
+2
P5 accepts almost everything I submit, stills and videos. Yes I do have rejections there but not enough to close my account. I consider P5 one of the "good guys" of stock, a fair trade agency. My sales are low there but I am hoping they pick up steam.  Have you tried contacting them to have a discussion about the rejections?

I do understand your frustration. I just had 45 of 50 rejected on Photodune and am about up to my limit of the high rejections before I call it quits.  I did have some email exchanges and they ended up accepting most of some previous images, but it's just too much hassle to keep emailing PD to argue rejections when their sales are pitiful anyway.

I think like ... half of my illustrations were rejected ... But, I too like P5 and what they're trying to do ... Understandably they're trying to push video more now which is fine really ... It should bring more customers ...

Any possible way they can bring in some traffic is absolutely grand imo. I've definitely been more optimistic about P5 than most other sites.

« Reply #10 on: February 20, 2015, 13:19 »
-2
Topic: For those who've left pond5 make sure your images aren't still there

« Reply #11 on: February 20, 2015, 16:57 »
+4
Just got this reply

HI Tony,
Please rest assured your portfolio has been taken offline, as you can see from your artist page and search results for artist:Tonygers.
Those extra sales were due to our delay in sales reports, and unfortunately were made before we paid you out. We will be sending you another payout.
Cheers!
Lawrence
Customer Service


After checking it seems my images have been removed.


 

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