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IMVU, INC. (“IMVU”, “WE” OR “US”) INTERNET WEB SITE TERMS OF USE
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND IMVU AND GOVERN YOUR ACCESS TO, AND USE OF, THE IMVU WEBSITE LOCATED AT WWW.IMVU.COM AND RELATED SERVICES (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE ON THIS SITE SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IMVU MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND IMVU CAN CHANGE THESE TERMS AT ANY TIME WITHOUT NOTICE BY POSTING UPDATED TERMS OF USE ON THIS SITE. YOUR CONTINUED USE OF THIS SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THIS SITE PERIODICALLY FOR UPDATES AND CHANGES. YOU MUST BE AGE 13 AND OVER TO USE THIS SITE AND IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THIS SITE AND HAVE THEM READ AND AGREE TO THESE TERMS. YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE –OR-THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER THAT IS OVER THE AGE OF 13, AND YOU AGREE TO THESE TERMS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER OF THIS SITE AND YOU HAVE QUESTIONS ABOUT THIS SITE OR THESE TERMS, PLEASE CONTACT [email protected]. General Use Restrictions IMVU provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics, sounds and images (together, the “Materials”) are provided to you by IMVU and are the copyrighted and/or trademarked work of IMVU or IMVU’s contributors. Materials do not include Submissions which are items submitted to the catalog by third party developers (as further defined below in the Submissions Section). IMVU may provide you with certain proprietary software that IMVU allows you to download from this Site (“Software”). IMVU grants you a limited, personal, non-exclusive and non-transferable license to use the Software and to use and display and to make copies incidental to use and display of the Materials and to use this Site and the Software solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Software in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials or Software. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials or the Software. Password Restricted Areas of this Site You need a password to login to this Site and to use or access certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and you agree to notify IMVU if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account, and IMVU is not responsible for any unauthorized use of your account in the event that your password is stolen or revealed to a third party. You agree to immediately notify IMVU of any unauthorized use of your account or any other breach of security in relation to this Site known to you. You agree that you will not use other users’ contact information gathered from this Site for commercial purposes and agree not to provide any other user’s contact information to any third party that is not a registered user of IMVU. IMVU provides you with tools to change your password and to otherwise edit or safeguard your account on your account settings page. Purchases You agree to pay all fees, charges and/or associated taxes (“Fees”) made to your account based on IMVU’s fees, charges, and billing terms in effect as shown on the Buy Credits page and, if you are a registered Content Creator, the Developer Reports page. If you do not pay on time or if IMVU cannot charge your credit card, PayPal or other payment method for any reason, IMVU reserves the right to either suspend or terminate your access to the Site and your account and terminate these Terms. You are expressly agreeing that IMVU is permitted to bill you for the applicable Fees you may incur in connection with your use of this Site and the Fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that IMVU may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. US$ Purchases: When you purchase items on this Site (such as credits, credit bundles, avatar names and try it passes), with cash or monetary equivalent, your purchases are non-refundable and are made at your own risk. IMVU is under no obligation to provide any refund (either in cash or in credits) for any item made by a third-party developer that is broken, that later becomes disabled, that is later removed or altered by the developer or by IMVU, or that was inappropriately submitted. If you have any billing problem or question, please click here to report a billing problem, here for billing help, here to if item is broken or here if the item becomes unusable. Additionally, if a catalog Submission item is removed from this Site as a result of claimed intellectual property infringement (or Unsuitable for IMVU content) and/or IMVU disables your use of such an item as set forth in these Terms, any cash or any credits that you used to purchase such items will not be refunded. Currency The Site includes in-world fictional currencies ("Currencies" or "Credits" or "Promo Credits" or “Predits” or “Dev Tokens” or “DT”) (all of the foregoing are “Currencies”), which may be purchased for real world currency and can then be exchanged on this Site for limited license right(s) to use a feature of our product when, as, and if allowed by IMVU and subject to the terms and conditions of these Terms. IMVU may charge fees for the right to use our Currencies, or may distribute our Currencies without charge, in IMVU’s sole discretion. Regardless of terminology used, IMVU Currencies are not redeemable for any sum of real world money or monetary value from IMVU at any time. You agree that IMVU has the absolute right to manage, regulate, control, modify and/or eliminate such Currencies as it sees fit in its sole discretion, in any general or specific case, and that IMVU will have no liability to you based on its exercise of such rights. IMVU Currencies cannot be used for any kind of wagering, betting or gambling either within or outside of our Site. You also agree to use IMVU’s Currencies for all transactions involving IMVU products or services and related use rights and you agree not to create, employ, or utilize any parallel form of virtual currency in connection with any transaction on this Site. IMVU may allow for free exchange of some, all, or none of its Currencies via third parties, but IMVU does not assume any responsibility associated with your transactions with such third parties. Privacy Policy Your use of this Site is governed by the IMVU Privacy Policy, which is available at http://www.imvu.com/catalog/web_info.php?topic=privacy Third Party Content Certain information and content that are not Submissions may be provided by third party licensors and suppliers to IMVU (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. Virtual Goods Policy You agree to properly rate the content that you submit to the Site. To learn more about IMVU's Virtual Goods Policy and how to properly rate the content you create, click here. Product Flagging Policy IMVU users may alert IMVU customer service to products that violate the Virtual Goods Policy by 'flagging' that product. To learn more about IMVU's Virtual Goods Policy, click here. Links to Third Party Sites This Site may be linked to other world wide web sites that are not IMVU Sites. IMVU is providing these links to you only as a convenience, and IMVU is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. Submissions You acknowledge that you are responsible for the text, information, graphics, sounds and other material that you submit, post or otherwise make available on the Site, including without limitation, any “virtual products” or other items that you develop and make available on this Site (i.e. catalog content), avatar names, avatar profiles, profile snapshots or photos, avatar customizations, avatar actions, chat, message board or other forum communications and homepage contents (each a “Submission”) through posting and chat areas, catalogs, emails, home pages, instant messaging, developer tools or other services available in connection with this Site, and that you, and not IMVU, bear full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the IMVU Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Except as expressly set forth below, you agree that IMVU is free to use a Submission on an unrestricted basis for any purpose and you grant IMVU a sublicensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. Additionally, IMVU agrees that the use all of your Submissions will be in accordance with IMVU’s Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY WORK OF AUTHORSHIP OR INFORMATION YOU CREATE AND SUBMIT TO IMVU, SUCH AS YOUR SUBMISSIONS. You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make. You represent and warrant that: (i) you own all Submissions posted by you on or through this Site, or that you otherwise have the right to grant the licenses to IMVU set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site. Posting Etiquette IMVU asks that you respect the IMVU online community as well as other individuals participating within the IMVU online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Submissions to or otherwise using this Site, you agree not to, without limitation: * Post off-topic messages. * Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. * Impersonate or represent IMVU, our staff or other industry professionals. * Solicit a user’s password or other account information. * Harvest user names, avatar names, addresses, homepage URL’s or email addresses for any purpose other than your personal use in your interactions on this Site. * Use racially, ethnically, or otherwise offensive language. * Discuss or incite illegal activity. * Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated). * Disrupt the flow of chat in any manner, including without limitation vulgar language or abusiveness. * Post anything that exploits children or minors or that depicts cruelty to animals. * Post any copyrighted or trademarked materials without the express permission from the owner. * Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation. * Post any content that is mature or adult in nature on the “general audience” section of this Site that is inappropriate for a general audience. This is more appropriate for the “adult section” of this Site. This list of prohibitions provides examples and is not complete or exclusive. IMVU reserves the right to (a) terminate your access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions or reclassify Submissions and move them, for example, from “public” to “private” or “restricted/adult” status; for any action that IMVU determines is inappropriate or disruptive to this Site or to any other user of this Site with or without cause and with or without notice, for any reason or no reason. IMVU reserves the right to restrict the number of emails or other messages which you are allowed to send to other users to a number that IMVU deems appropriate in IMVU’s sole discretion. IMVU may report to law enforcement authorities any actions that may be suspicious or illegal, and any reports it receives of such conduct. When legally required or at IMVU’s discretion, IMVU will cooperate with law enforcement agencies in any investigation. You hereby acknowledge and agree that in using this Site, you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER USER EXPRESS THE VIEWS OF THE AUTHOR, AND IMVU WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the Site is undertaken at your own risk and IMVU is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party These prohibitions do not require IMVU to monitor, police or remove any Submissions or other information submitted by you or any other user, and IMVU disclaims any obligation or responsibility to do so. You understand that your interactions and dealings with other users of this Site are solely between you and such other user. IMVU is not responsible for any loss, harm or damage of any sort incurred as a result of any such interactions or dealings, and IMVU has no obligation to become involved in any resulting dispute. Unauthorized Activites Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate applicable laws and regulations. You agree to indemnify and hold IMVU and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) IMVU or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. Proprietary Rights IMVU is a trademark of IMVU in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of IMVU, Copyright © 2004-2007 IMVU. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor. Copyright and Trademark Infringements Only the intellectual property rights owner is permitted to report potentially infringing materials through IMVU’s reporting system set forth below. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms. 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. Disclaimer of Warranties Your use of this Site is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by IMVU, and they may include inaccuracies or typographical or other errors. IMVU does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. IMVU has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by IMVU or our licensors. IMVU, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IMVU DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. Limitation of Liability IMVU SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL IMVU BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF IMVU KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. Local Laws; Export Control IMVU controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws. General If you violate these Terms, IMVU may terminate and/or suspend your access to this Site without notice. IMVU prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by IMVU, may result in immediate termination of your access to this Site. IMVU has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. IMVU’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and IMVU and supersede all prior or contemporaneous negotiations, discussions or agreements between you and IMVU about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.