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You knew it was coming... Hottest Girls App Email Response

ngenerator

ngenerator

macrumors 68000
Original poster
May 12, 2009
1,842
-7
USG Ishimura
Ok, here's what I got after emailing Apple to get a credit back for my recent "Hottest Girls" App removal:

"I understand you are disappointed that "The Hottest Girls" may no longer be sold in the App Store. I can certainly appreciate your concerns and I'm more than happy to offer some guidance to an area of support that should help to provide more information on this issue for you.

While your request for a refund was considered, I can not reverse the charges for you based on the iTunes Store Terms of Sale which States that all sales are final."

And here's what I wrote back. Keep in mind that I had a few beers and about 4 gin and tonics before writing this (I was at the Kiss concert at Milwaukee's Summerfest, whoops :)

"Wow, that's super cool, but the bottom line is that Apple allowed this app and I am now screwed out of two dollars because you don't know how to properly keep track of your apps allowed to me. Please forward this email on to a supervisor, as I am apparently not able to fix this situation with you."

Should I have waited till tomorrow morning to write this out more "professionally"? Or am/should I be justified in requesting my $2 back?
 
The problem with hottestgirls is that the author did a bait'n'switch ... once his app was approved with the clothed girls, he then altered the stream to include nude

"Apple will not distribute applications that contain inappropriate content," Apple spokesman Tom Neumayr told Macworld.

Neumayr said the developer of "Hottest Girls" added the nude pictures after the application had been approved and distributed and was asked to remove the content before the application was taken down.
Click to expand...

So the developer tried to endrun around apple ... not sure where the line could be drawn as to entitlement to refund since apple sold the app in good faith but the nude content wasn't technically meant to be part of it...
 
synagence said:
The problem with hottestgirls is that the author did a bait'n'switch ... once his app was approved with the clothed girls, he then altered the stream to include nude



So the developer tried to endrun around apple ... not sure where the line could be drawn as to entitlement to refund since apple sold the app in good faith but the nude content wasn't technically meant to be part of it...
Click to expand...

Yeah, it's kind of a fine line there. Normally, I'd side with you if Apple removed the app on a whim, but they've made public statements that their lawyers wouldn't let past them if they didn't have a leg to stand on.

So, it looks like the developer thought he was being slick, and caught some people in the net with him. :(
 
Not that it even matters, but can someone explain to me why exactly this app wouldn't be better executed as a webapp anyway (besides the dev trying to make money off of it, I suppose)?
 
ngenerator said:
Ok, here's what I got after emailing Apple to get a credit back for my recent "Hottest Girls" App removal:

"I understand you are disappointed that "The Hottest Girls" may no longer be sold in the App Store. I can certainly appreciate your concerns and I'm more than happy to offer some guidance to an area of support that should help to provide more information on this issue for you.

While your request for a refund was considered, I can not reverse the charges for you based on the iTunes Store Terms of Sale which States that all sales are final."

And here's what I wrote back. Keep in mind that I had a few beers and about 4 gin and tonics before writing this (I was at the Kiss concert at Milwaukee's Summerfest, whoops :)

"Wow, that's super cool, but the bottom line is that Apple allowed this app and I am now screwed out of two dollars because you don't know how to properly keep track of your apps allowed to me. Please forward this email on to a supervisor, as I am apparently not able to fix this situation with you."

Should I have waited till tomorrow morning to write this out more "professionally"? Or am/should I be justified in requesting my $2 back?
Click to expand...

maybe I'm missing something, but I don't see how you got "screwed" out of $2
you still have the app, don't you? It won't be updated, but as long as the server is still up and sending photos, it'll still operate

if the developer has since shut down the server (as happened with endless walls, one of my favorite wallpaper apps that is no more), then you have more reason to be upset
 
dccorona said:
maybe I'm missing something, but I don't see how you got "screwed" out of $2
you still have the app, don't you? It won't be updated, but as long as the server is still up and sending photos, it'll still operate

if the developer has since shut down the server (as happened with endless walls, one of my favorite wallpaper apps that is no more), then you have more reason to be upset
Click to expand...

Negative, when I open the app, it just goes to a black/blank screen.
 
dccorona said:
maybe I'm missing something, but I don't see how you got "screwed" out of $2
you still have the app, don't you? It won't be updated, but as long as the server is still up and sending photos, it'll still operate

if the developer has since shut down the server (as happened with endless walls, one of my favorite wallpaper apps that is no more), then you have more reason to be upset
Click to expand...

The vendor is not supporting his scam app anymore. One Apple removed it the image servers were taken down.
 
ericvmazzone said:
The vendor is not supporting his scam app anymore. One Apple removed it the image servers were taken down.
Click to expand...

well that makes sense then

try using that in your next response to Apple (if their is one)
something like "by removing the App, you caused the developer to shut down their servers, and leave me with nothing but an icon"
 
Kadman said:
I agree. If someone must have this on their iPhone, let Google or some other search engine serve as your "iSpankIt" application.
Click to expand...

Umm, can we get back on track here? Bottom line is Apple charged me for something they shut down, and now they're saying "Oh well, you're not getting your money back" That's pretty much my story
 
ngenerator said:
Umm, can we get back on track here? Bottom line is Apple charged me for something they shut down, and now they're saying "Oh well, you're not getting your money back" That's pretty much my story
Click to expand...

But you're leaving out a big part: the developer pulled a bait and switch, which led to Apple's actions. If they had left the app as it had been when it was approved, then I would say you should get your money back from Apple. But really, it's the dev's fault. Go after them if you feel so strongly about it.
 
the developer violated apple's ToS and therefore your problem is not with apple, but the developer.

apple's decision to stop distributing the app is completely different than the developer choosing shutting down their server. this is not apple's fault.

even if the app still works, you still wasted 2 dollars on something that can be achieved through google.

bother the developer, not apple.
 
I'm glad they took it off the App store we don't need that stuff....guy got lots of publicity for free though.
 
SpaceKitty said:
This whole thread is funny. I would be so upset with myself for paying $2 just for the pictures that the developer probably found for free on the net.
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+1

A fool and his money are soon parted. I just did a Google search for "bikini." That pretty much brought up what that app was originally supposed to do.
 
ngenerator said:
Umm, can we get back on track here? Bottom line is Apple charged me for something they shut down, and now they're saying "Oh well, you're not getting your money back" That's pretty much my story
Click to expand...

Apple did not shut it down, they just stopped selling the app. As was previously mentioned, the devs could have left the server up and your app would still be working. Blame them for the scam and shutting down of the server, not Apple for refusing to refund your money. Remember, Apple only got 30% of that.
 
Ntombi said:
But you're leaving out a big part: the developer pulled a bait and switch, which led to Apple's actions. If they had left the app as it had been when it was approved, then I would say you should get your money back from Apple. But really, it's the dev's fault. Go after them if you feel so strongly about it.
Click to expand...
No, you're missing the point. If Apple is going to create an EXCLUSIVE app store and approval process, then Apple should bear the risk of problems in that store and process. I understand that both Apple and the customer are victims here, but Apple is in a MUCH better position to get any money back from the developer.
 
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