theKageRyu's Blog

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2012
Oct
29
7:07 pm

 Daz3D: "Not obligated to update broken products"
 2 comment(s)


 That's right. Daz3D does not feel they are obligated to provide software that works as advertised, or even at all.  In a response to a complaint regarding this exact issue, Blaine Funer himself said the following:

 "In our Software License Agreement provided and agreed to whenever DAZ 3D Software is installed the user agrees to the License. In part F and G we state the 30 return policy and the product is provided in an “AS IS” Basis without any other warranties etc. So we don’t guarantee updates to the product."*


 It becomes very important to note, the specific portion of the complaint this was in response to was not a general "you stopped supporting X" but very specific mention of promised upgrades and fixes for a few specific programs that were promised and then never materialized.  It was nothing so vague as "You don't support Poser" as Daz3D will udoubtly later claim, and as many in the Daz3D forums would try to drag this into. It should also be noticed the complaint and this response are not any manner from any sort of privledged or confidential communications and are a matter of record with the State of Ohio Attorney General's office. That being said...


 So in the Eyes of Daz3D, the software they sell you does not have to work, the features described do not have to work, and Daz3D is under no obligation to fix it or update it.  They are generous enough to give you 30 days and if you still have not asked for a refund, too bad - they told you it was AS IS in the liscense.
 Nevermind this is strictly prohibited behaviour under federal law.  Never mind that every state in the united states recognizes a "Warranty of Merchantability" where a product or service works or is performed reasonably "AS ADVERTISED" and that any such statements made about the functions of a product supercede any sales agreement or liscense.  Never mind that when a company makes additional statements in writing to fix or correct defects it becomes legally binding and supercedes any sales agreement or contract. Daz3D does not feel bound by any of this.


 Additionally, if you have ever dealt with Daz3D tech support, even to request a refund, you are likely familiar with the sometimes 3 or 4 weeks it takes to get a response, and usually Daz3D wants to troubleshoot the software before authorizing a refund.  They are counting that 30 days from the date of purchase however, and if this process exceeds 30 days (as has happened to me more than once) they will often refuse a refund.  So I would caution that those long delays in replies are not accidental, or the work of an overloaded help system, but an intentional ruse to avoid refunding.


 Such conduct is Illegal, and if you have experienced any of this, or had such a purchase Daz3D refused to refund, I urge you to contact your state Attorney General as well as the Utah Better Business Bureau, and the Federal Trade commission to report this conduct.

 The new management of Daz3D does not care about customers, despite their claims to the contrary. They just want your money.
 Further, this latest statement by Daz3D management really makes me consider all these problems with the website (double billing, ghost orders, coupons not working, etc...) are no accident either.  I have no proof of such, but there is clearly a pattern of unethical conduct that has been forming since late last summer - and Blaine Furner's own words reinforce that Daz3D is fine ignoring the law and defrauding customers.

Not looking to debate or discuss this, just want to make sure people know what the vendors they are handing money to think of fair and ethical practices.







2011
Nov
04
2:35 am

 Reviews - A simple concept right?
 2 comment(s)


Apparently not for some.

Too many times on Product pages I see 5 star reviews from users with comments like "This looks great, can't wait to actually use it?"

So what looks great, the Promos?  The entire point of a review is to wait until after you installed and used/tested the product.  Then, and only then, can you truly know what the product is like and leave a review.  To leave a review of 5 stars without ever using the product is an unfair bump of the product's rating, ehther it actually deserves that rating or not.  Worse, since you can not go back and edit reviews, it makes no sense to do this, unless you are simply a vendors friend giving unfair positive reviews to bump a product.  This is something I really wish the Renderosity mods would crack down on, and start pulling obvious schill reviews such as these, especially since content buyers are expected to use and rely on ratings when all the Renderosity QA does is insure everything opens properly and runs, and not actually functions as described or advertised on the product pages.  In short, because of this practice, the ratings system for products is horribly broken, and might as well be eliminated!  Even worse, there is apparently a system to remove excessive or unfair reviews that can be seen as harassing (which is odd as you need to buy a product to leave a review) but obviously inflated reviews are left untouched.

For those users who leave reviews like this unknowingly, please, please stop and do not actually leave a review until you know how a product works?  Any review left blindly is a useless and unfair review, and only misleads other customers, and overinflates a products rating.







2011
Sep
28
1:41 pm

 -_-
 0 comment(s)


Health's taken a turn for the worse. Not sure how much longer I'll be active in anything.





2011
Jun
02
8:27 am

 Crisis & Future
 1 comment(s)


My health condition is worsening, and has reached a point where it greatly affects my work and art and all areas of my life.  I am not just suffering reduced productivity due to the actual direct physical effects of the illnesses themselves, but also do to the financial effects. My medical bills are mounting, and with the limited income I have I am struggling to continue - I often have very little to devote to new tools, software, hardware, or content.  I have such great dreams and ideas I wish to bring to animation, and right now everything is progressing at a snail's pace as the quality I wish to achieve is well beyond the few quad core render machines I do have.  I literally have hundreds of notebooks filled with stories and adventures, ranging from fantasy through science-fiction, as well as thousands of documents on the computer - I would love to bring all of them to life in animation at some point.

 I ask that you take a look at my galleries and my few existing video clips, here, on youtube, and on deviantart. Here are some quick links to them -

http://kageryu.deviantart.com/gallery

http://www.youtube.com/user/thekageryu

http://www.renderosity.com/mod/gallery/browse.php?username=theKageRyu

If you like the content you see there, and would like to help expand it and see it animated, then please consider donating to me through PayPal. Anyone who donates will be credited in animations with a Special Thanks message, and included in descriptions as well as a special contributor.  Alternatively, donating a gift from my renderosity wishlist would also be quite welcome, and receive mention as a special thanks in any project that gift is later used in.

https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=CQKJCNSF7J8FU

I realize I am not the most sociable or easy to get along with person. I prefer to just focus on my art and projects, and have never been very good at dealing with people. I thank anyone taking the time to read this, though, and especially anyone who decides to help out.

 

Even without donations I will continue to work on what projects I can as long as I can.

 







2011
Feb
04
10:14 pm

 Snow Blind
 0 comment(s)


Ok, still trapped in new england, with limitted internet access. Came up to Massachusetts to visit family for the holidays, and got snowed in.  There is more snow here than...well there's a lot of snow.  Some of the banks and drifts are taller than me, and I am a tall guy.  They are actually loading up dump trucks with snow and hauling it off (and even though western Mass. gets a lot of snow, this is rare).  Being here, I do not have full access to my render network, nor all my tools, so I have not uploaded anything new in a while.  I have gotten some new work acomplished, and will be uploading some pictures upon my return home (soon).  Since I drove here, I have to watch the weather forecast and road closings for 3 states, and not just locally (as I do not need to get stranded halfway). 

I did recently acquire a laptop for working on the go, and while it was a much needed tools, I am not entirely happy.  In fact, I must say, I have already developed a severe dislike of Winblows 7.  Ok, true it is better than Vista (as I know any fan out there is going to chime in to say), but then again, a dysfunctional, half broken sppeak & spell with a speach impedement is better than Vista.  Honestly, I am fairly fluent with using, working, and even troubleshooting XP, and I thought 7 was supposed to be better/faster/stronger?  Seems 7 is more restrictive, more disorganized, has many more submenus to filter through to find settings I need, and has hidden even more of microsoft's wonderfull little spyware tools in it (what is with not being able to disable Indexing? Really - it serves no useful purpose other than to wear down HDs and use up processor time).  Oh well...que cera, cera.








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