Tuesday, January 13, 2015

Who Owns the Bubblews Building?

Another hot topic right now is- Who owns the Bubblews building?  Bubblews is currently located in a building that sold for $8.5 million in August of 2014, right around the time when thousands of Bubblews writers failed to receive their redemptions. It has been speculated that the Bubblews staff purchased this building under the name of an LLC. 

If you would like to read my previous post regarding the Bubblews move, you may do so HERE.

After doing a bit of research, I found a copy of the signed deed transfer from the San Francisco Assessor's office. It shows that Pacific Bay Ventures, LLC, Pacific Cove Enterprises Limited of 2721 Pacific Avenue in San Francisco California, 94115 now owns the building. 

You may need to click the photo for a better look. A closeup of the address is also below.

After doing further digging, I found that Pacific Bay Ventures, LLC is indeed a registered business in the state of California. However, I cannot (as of this date and time), find anything regarding Pacific Cove Enterprises. Could they be the same company, with Pacific Bay being the parent/umbrella? It is very possible. Until I find more information, this is only an assumption. 

It was also brought to my attention that LuxSpace Properties has been trademarked by Pacific Bay Ventures, LLC. 


When looking for the owner of Pacific Bay Ventures, I keep coming across the name Thesia Saleh, as you can see from the screenshot below. 

Who is Thesia Saleh?  I know that his last recorded address is 2721 Pacific Avenue, San Francisco, CA, 94115. I know he is in his 40's. I also know that he is a Scorpio. Does he know any of the Bubblews staff personally? I don't know.

Sunday, January 11, 2015

Arvind Dixit Gives Advice to Entrepreneurs

Everyone has been speaking of the decrease in visitors to Bubblews, as well as its steadily falling Alexa rating and inability to pay its writers. Most individuals noted that a major pay decrease happened around August of 2014. You would imagine that at this time, Dixit would have been focusing on how he could satisfy his writers and keep his website afloat. Ironically, he was busy writing a rather lengthy blog post, instructing others on how they can keep their business growing.

Many times Dixit has made the comment that Bubblews is NOT 'all about the money'. That seems quite contradictory to his blog statement: "Focus on growing a business that makes money from the beginning, not after you’ve built something several years later."

Dixit's article can be viewed on the Innovation Insights website HERE.

Jason Zuccari's Father Funds Bubblews

If you have read the Bubblews Terms of Service, you may have noticed they have a Designated Copyright Agent listed in Fairfax, Virginia. The information is as follows, as taken from the Bubblews website:

Many people have called this number in hopes of reaching someone who can give them information regarding Bubblews staff and/or redemptions. They are met with disappointment, as this number and address belongs to Hamilton Insurance Company, as you can see below.

You may be wondering why Bubblews would direct its users to contact an insurance company with copyright issues. Let us take a deeper look at Hamilton Insurance. This company is owned by Alan Zuccari. The company also employs Jason Zuccari. Surprised? Me either. 

Now, let us take a look at one of the funding sources for Bubblews. Arvind Dixit has made it well known that Bubblews was funded by 2 rather large companies who invested money because they believed in Arvind's vision so much. As you can see, one of these companies is AJZ Capital, LLC, which was founded by none other than Alan Zuccari, owner of Hamilton Insurance and employer of Jason Zuccari. The screenshot below shows when AJZ Capital was founded by Zuccari.

How long will Zuccari's father help Bubblews stay afloat? Has he thrown his hands up at the venture? I suppose only time will tell.

Saturday, January 10, 2015

Address and Photo of Bubblews Headquarters

For anyone who would like to know, the address is for the Bubblews office is 527 Howard St, 3rd Floor, San Francisco, California, 94105. Their building is pictured below. You can see the trademark Bubblews' '&' symbol hanging in the window if you look closely.

Is Bubblews Withholding Redemptions to Pay for Updates?

You may have read a previous post of mine regarding Bubblews and greencards. That post can be viewed HERE.

After doing a bit of research today on Bubblews' H1B status, I found that Bubblews has hired an international Product Developer for a tidy salary of $65,000, effective in September of 2014. As if that wasn't enough, they also set up an Interface Designer with a salary of $44,750.

Click on the photos for a better view.

Notice the start date on both of these promised salaries? Could this be why Bubblews can't pay its writers- they are using all of their money to pay the salaries of international workers to upgrade their site, after they moved to a new building in a zipcode whose cost of living is twice that of where they located in the past?

What do you think?

Friday, January 9, 2015

Bubblews Staff Member Caught Stalking Facebook Groups

I had previously posted about spies on Facebook (read it HERE.) Several members of a Facebook group called 'Bubblers Group' were removed after speaking openly regarding the shady practices of Bubblews, as well as missing redemptions. Somehow, the words being typed in a 'closed' group were being reported back to Bubblews.

When joining a Facebook group, always make sure to check the list of members before posting. You never know who may be repeating your words. For instance, Barret Barnes (Marketing Director for Bubblews and known as &Bear) is a member of the previously mentioned group. These staff members keep quiet in these groups, so you would never know they are there unless you search the member list.

**Update 1/10/2015**
It has come to my attention that Barret Barnes (aka &Bear) is making comments on posts in the above mentioned Facebook group of people who are speaking negatively about Bubblews. Several seconds after Barnes makes his comment, he deletes it. My opinion? He is doing this just to take screenshots to show the other staff that he is 'sticking up' for Bubblews, but doesn't want anyone to take screenshots of what he says. Childish? Yes. Sneaky? Yes. But that is in true Bubblews fashion.

Can I Sue Bubblews?

 **I will add more information to this post as I come across it.**

Another popular question floating around out there is- 'can I sue Bubblews?' Well, that is a simple question with a rather complex answer. There is a lot of information to cover here, and I will try my best to keep it organized.

The Arbitration Clause
The Terms of Service on the Bubblews website, which was updated on December 11, 2014, states:

A Supreme Court Judge


What exactly is an arbitration clause? An arbitration clause is used by many websites in an attempt to keep a client/user/customer from suing them in a court setting. This clause requires all disputes to be settled by means of an arbitrator. An arbitrator is an independent person or body officially appointed to settle a dispute. In other words, a business will include this clause in an attempt to keep themselves out of the sight of a Judge.

An arbitration clause will also prevent the public from learning whether any allegations against the company are substantiated, meaning even if a company is guilty of wrongdoings, you will not know.

There are Two Types of Arbitration Clauses
There are two types of arbitration clauses- a clickwrap agreement requires the customer/user/client to click “I Agree” or something similar in order to proceed registering or using the site; a browsewrap agreement is posted elsewhere on the website and doesn't require any affirmative action by the consumer. It is simply listed somewhere on the site, such as in the Terms of Service.

Is an Online Arbitration Clause Enforceable?
Because more and more websites are hiding their shady practices behind an arbitration clause, many courts are overlooking them. There are a growing number of individuals successfully suing website companies, despite the site's arbitration clause.

In Nguyen v. Barnes & Noble Inc., 2014 WL 4056549 (Aug. 18, 2014), the Ninth Circuit concluded that a conspicuous link to the site’s Terms of Use posted throughout the site and in close proximity to a checkout button was insufficient to find an arbitration agreement enforceable in the absence of a user’s express agreement to the online Terms. (This entire article can be viewed HERE.) This is not the only case out there where a claimant won a case against a website that had an arbitration clause.

In short, just because a website features an arbitration clause doesn't make them 100% protected from litigation.

Fraudulent activity can result in arrest and jail time.
Bubblews Fraud 
Many people are crying 'fraud' regarding Arvind Dixit's statement that made it clear that he misrepresented the amount of monies to be paid to his writers. In his 'Perseverence' post on January 2nd, 2015 on the Bubblews website, Dixit stated: "We reported lots of money that we didn't have. The money that you 'earned' never existed."

Now, let us take a look at the definition of fraud. Depending on where you live, the actual definition of fraud can vary. However, the general elements of fraudulent activity include:

1. A misrepresentation of a material fact- Dixit certainly did misrepresent the amount of money his writers were earning. He misrepresented the fact that the company had any money to pay at all. According to his own words, the money being earned never existed.

2. The material facts are being represented by a person who knows they are false. Dixit knew he the money never existed, yet did not disclose this fact to the website's users.

3. The misrepresentation was made to an individual or group who justifiably relies on the misrepresentation. Hundreds of users there relied on this promised money to support their families. This fact was made clear to Dixit on many occasions.

4. The user suffered an actual injury or loss as a result of his or her reliance on the misrepresented information. I have seen many accounts of international individuals that were unable to provide food for their families for a period because of monies being held by Bubblews.
1) a misrepresentation of a material fact; (2) by a person or entity who knows or believes it to be false; (3) to a person or entity who justifiably relies on the misrepresentation; and (4) actual injury or loss resulting from his or her reliance. - See more at: http://criminal.findlaw.com/criminal-charges/fraud.html#sthash.FYhVlC8q.dpuf
1) a misrepresentation of a material fact; (2) by a person or entity who knows or believes it to be false; (3) to a person or entity who justifiably relies on the misrepresentation; and (4) actual injury or loss resulting from his or her reliance. - See more at: http://criminal.findlaw.com/criminal-charges/fraud.html#sthash.FYhVlC8q.dpuf

Did Dixit commnit fraud? Many people would say 'yes.' Fraudulent business activity can be considered either civil or criminal in nature, depending on where you live.

Back to the Terms of Service
As most members of Bubblews can tell you, the site's Terms of Service are changed whenever a member of the staff takes a notion. Can a website change their Terms of Service as much as they like? Yes. HOWEVER, the website owners MUST notify its users of any and all changes made to the Terms of Service. Simply changing them does not mean the user automatically agrees to them.

Whenever a website changes its Terms of Service, it must notify its users and allow them the opportunity to agree to them. As stated by a group of judges for the Ninth Circuit- "Parties to a contract have no obligation to check the terms on a periodic basis to learn whether they have been changed by the other side. Indeed, a party can't unilaterally change the terms of a contract; it must obtain the other party's consent before doing so... This is because a revised contract is merely an offer and does not bind the parties until accepted." You may read the entire article HERE.

Do not let the staff of Bubblews trick you into thinking that just because you stay with them as a user means you automatically agree to every change in their Terms of Use. 

Can I Sue Bubblews?
I will not say 'yes' or 'no', as I am not an attorney. I will say that according to every legal website I have studied in the past month, Bubblews could possibly be successfully sued or even found guilty of fraudulent activity.

As I dig deeper into this subject, I will update this post. Please check back in the future.