IMVU respects the intellectual property rights of others and has prepared this policy to provide guidance on how IMVU handles reports of postings that infringe third party trademark or copyright rights. IMVU has structured this policy by taking into consideration the complexity of determining if posted material infringes third party intellectual property rights as well as the various reasons why a posting could turn out not to be an actual intellectual property infringement (for example, the user may have a license from the intellectual property rights owner, the material may be satire, or the posting may constitute protected parody or otherwise be a fair use). The United States Congress has recognized the complexity of these matters and certain public policy considerations in limiting the liability of service providers for actions of users with respect to third party copyrighted materials through the enactment of the “Safe Harbor” provisions of the Digital Millennium Copyright Act (“DMCA”). As a service provider under the DMCA, IMVU complies with the Safe Harbor procedures for service providers with respect to the posting of third party copyrighted materials, and applies these same procedures to third party trademarks as well. IMVU includes restrictions in the Terms of Use as to the conduct that users are authorized to engage in on the Site that are consistent with the DMCA, such as prohibiting users from posting any content or materials where the intellectual property rights are not owned by such user or where the user does not have a license from the owner to post.

IMVU has established the following procedures which are to be followed in the event of claims of intellectual property infringement arising out of materials posted on or to the Site.


No Policing.
IMVU does not monitor, evaluate or police any content, submissions, including, without limitation, catalog items, or other information submitted by users of the Site for the purposes of identifying and screening out material that could be infringing of third party copyright or trademark rights. One important reason for IMVU’s policy of not monitoring, evaluating or policing postings by users for third party infringements is that it is difficult to recognize intellectual property rights infringements on a casual inspection, without legal training or all of the relevant facts.


Infringement Claims/Compliance with Notice and Take-Down Procedures.
If the owner (or an authorized agent of the owner) of a copyright or trademark reports an infringing posting on the Site as specified in IMVU’s Terms of Service, IMVU will comply with procedures specified by the DMCA. Like many service providers, IMVU will handle allegations of trademark infringement by using the same procedures specified under the DMCA for allegations of copyright infringement and the procedures for any alleged intellectual property rights infringement specified in IMVU’s Terms of Use as set forth as Attachment 1.

The DMCA does not require service providers to remove infringing material that is on a site or being transmitted as a result of third party action unless the copyright or trademark holder claiming infringement meets its burden of supplying proper notice of an alleged infringement, or of bringing a lawsuit if the third party responsible for the alleged infringement files a counternotice.


Prompt Internal Evaluation.
IMVU, as a service provider, will not be liable for removing works from its system upon receipt of notice claiming infringements, if it, in turn, promptly notifies the affected user that it is removing or disabling access to the materials as set forth below. Because of this, all complaints from the intellectual property rights owner received by IMVU must be reported immediately to Clare Tuma, IMVU’s designated DMCA agent, for prompt internal evaluation. IMVU does not act upon or respond to complaints from third parties who are not the intellectual property rights owner, but IMVU provides in its Terms of Service that such third parties may wish to contact the intellectual property rights owner.


Notice to Responsible Party.
If IMVU receives a complaint in writing (whether via email or regular mail) that provides all of the requested information as specified in Attachment 1, IMVU will remove the material that is claimed to be infringing and will notify the user responsible for the posting of such material in writing (via either email and/or postal mail) of such removal, as well as the complaining party owner. Such notices from IMVU will include a warning that further violations of the Terms of Service may result in termination of the user’s account, the user’s ability to post to the Site, and IMVU’s refusal, deletion or removal of such materials. Clare Tuma, IMVU’s designated DMCA agent, is responsible for sending such notices.


Counter-Notice from Responsible Party.
If IMVU receives a counter-notification from the responsible party in writing (whether via email or regular mail) that provide all of the requested information as specified in Attachment 1, IMVU will promptly provide the complaining party with a copy of the counter-notification and inform the complaining party that IMVU will restore the removed material or cease disabling access to it in 10 business days. IMVU then will restore the removed material and cease disabling access to the material between the 10th and 14th business day after IMVU’s receipt of the counter-notification, unless IMVU receives notice from the complaining party that the complaining party has filed an action for a court order to stop the responsible party from posting the infringing material on IMVU’s website. Clare Tuma, IMVU’s designated DMCA agent, is responsible for receiving such counter-notification and deciding whether to restore the material to IMVU’s website.


Maintenance of Mechanisms to Allow Prompt Blockage or Removal of Material.
IMVU will maintain the technical capability to promptly remove or block access to any materials that are the subject of a complaint made in accordance with Attachment 1 and this policy. Clare Tuma, IMVU’s designated DMCA agent, is responsible for this portion of the IMVU operation. Materials will be blocked or removed only upon direction of Clare Tuma, IMVU’s designated DMCA agent.


Evaluation of Action Against Violators.
If a user violates IMVU’s Terms of Use and posts infringing materials, whether once or repeatedly, IMVU may terminate the user’s access to the user’s account, and the user’s ability to post to the IMVU website and may refuse, delete or remove any postings from such user. The appropriate course of action will be determined by Clare Tuma, IMVU’s designated DMCA agent.


Attachment 1 Policy Copyright and Trademark Infringements.

Notification:
IMVU respects the intellectual property rights of others, and we ask you to do the same. IMVU may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide IMVU’s designated agent the following information:

* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

* Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full list of such works at that site.

* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit IMVU to locate the material.

* Information sufficient to permit IMVU to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


IMVU’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail
IMVU, Inc.
Attn: Clare Tuma
411 High Street
Palo Alto, CA 94301

By phone
(650) 321-8334

By e-mail
[email protected]

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification:

If you are a user who posted allegedly infringing material and who received notification to that effect from IMVU, you may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):

* Your physical or electronic signature.

* Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

* A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

* Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which IMVU may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.

Such written notice should be sent to our designated agent as follows:

By mail
IMVU, Inc.
Attn: Clare Tuma
411 High Street
Palo Alto, CA 94301

By phone
(650) 321-8334

By e-mail
[email protected]

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.


Sample Takedown Notice

Click here to find an example of a DMCA Takedown notice.