IMVU Information

IMVU, INC. ("IMVU", "WE" OR "US") INTERNET WEB SITE TERMS OF USE

THE TERMS AND CONDITIONS (THE "TERMS") SET FORTH BELOW GOVERN YOUR USE OF THE IMVU WEBSITE LOCATED AT WWW.IMVU.COM (THE "SITE") AND/OR PURCHASE AND/OR USE OF OUR PRODUCTS & SERVICES (THE "PRODUCTS"). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND IMVU AND GOVERN YOUR ACCESS TO, AND USE OF, THE SITE AS WELL AS ANY RELATED PRODUCTS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, PRODUCTS, OR ANY INFORMATION ON OR RELATED TO THIS SITE. YOUR USE OF THIS SITE AND/OR ANY PRODUCTS AVAILABLE ON OR THROUGH THIS SITE CONSTITUTES 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. IF IMVU CHANGES ANY OF THESE TERMS, IMVU WILL POST THE UPDATED TERMS OF USE ON THIS SITE. IMVU MAY ALSO SEND REGISTERED USERS A NOTICE OF THE CHANGE TO THESE TERMS. YOUR CONTINUED USE OF THIS SITE AND/OR PRODUCTS AFTER SUCH CHANGES HAVE BEEN POSTED ACKNOWLEDGES YOUR AGREEMENT TO THE NEW TERMS. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THIS SITE PERIODICALLY FOR UPDATES AND CHANGES.

YOU MUST BE AGE 13 OR OLDER TO USE THIS SITE AND PRODUCTS; IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THIS SITE AND PRODUCTS, AS WELL AS 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 AT LEAST 13 YEARS OF AGE, AND YOU AGREE TO THESE TERMS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER OF THIS SITE AND/OR PRODUCTS AND YOU HAVE QUESTIONS ABOUT THIS SITE OR THESE TERMS, PLEASE CONTACT US THROUGH THE IMVU SAFETY CONTACT FORM.

Disclaimer of Warranties

Your use of this Site is at your own risk. Neither the Materials, Submissions nor the Third Party Content (each as defined below) have been verified or authenticated in whole or in part by IMVU, and they may include inaccuracies, 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, our users, or our licensors.

IMVU, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE PRODUCTS, 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.

A Special Note About Your Health

If you or anyone in your family has ever had symptoms related to epilepsy (such as, seizures or loss of consciousness) or headaches when exposed to flashing lights or contrasting visual patterns, consult your doctor prior to using this Site. Immediately cease using this Site if you experience any symptoms of dizziness, blurred vision, headaches, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion. If you elect to use this Site, you should take certain standard health and safety precautions, such as avoiding using this Site when tired, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and using this Site in a well-lit environment.

Limitation of Liability

NEITHER IMVU NOR ITS LICENSORS SHALL 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 OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DAMAGE TO YOUR HEALTH OR 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 OR ITS LICENSORS KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

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 Use Restrictions

IMVU provides digital 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 contributing partners and/or licensors. Materials do not include Submissions which are items submitted to the catalog by third party developers (as further defined below in the Submissions Section) and do not include Digital Content (as defined below in the Music Store Section). IMVU may provide you with certain proprietary software ("Software") that IMVU allows you to download from the Site.

IMVU grants you a limited, personal, non-exclusive and non-transferable license to use this Site and the Software and to use and display and to make copies incidental to use and display of the Materials solely for your personal use. . Except for the license set forth in the preceding license grant 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 Products, Materials or Software.

We may offer updates of the Software, from time to time, for feature enhancement, security or other purposes. We will not automatically update the Software, unless you authorize us to do so.

You agree to comply with all export and re-export regulations and restrictions of the Department of Commerce and other United States agencies and authorities th

If you violate these Terms, IMVU may terminate and/or suspend your access to this Site and/or use of the Materials, Third Party Content and/or the Products 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. 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.

These 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.

These Terms will be governed and interpreted pursuant to the laws of the State of California, United States of America, for contracts to be executed and fully performed therein and notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and Company arising out of these Terms or pertaining to the subject matter hereof.

You agree that the exclusive venue for any dispute arising out of these Terms or pertaining to the subject matter thereof will be in the state and federal courts in California. You irrevocably waive all rights to bring or participate in any class action suits or claims regarding the matters related hereto. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement among the parties relating to this subject matter. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms, these Terms will govern, unless expressly agreed in writing otherwise by an executive officer of Company (i.e., regular employees cannot bind the Company).

MUSIC STORE TERMS

IMVU also may act as a music content provider through the IMVU Music Store ("Music Store"). Specifically, the Music Store allows you to purchase digitized versions of audio recordings, and, as applicable, artwork and other information relating to such audio recordings ("Digital Content").You may purchase downloads of Digital Content (as defined below) or the limited right to stream Digital Content within certain areas of the Site with IMVU Credits. The Digital Content can be downloaded or streamed to you and other IMVU users in an IMVU chat room from a playlist queue ("Playlist"). You and other IMVU users accessing streaming Digital Content are prohibited from making any recording of such Streaming Digital Content.

The Digital Content is considered Third Party Content (as defined below in the Third Party Content Section), all right, title and interest of which is the sole property of third party licensors of IMVU. All Sony BMG content available through the Music Store is sold directly by Sony BMG Music Entertainment Downloads LLC via MCNE as its agent.

Upon your payment of the applicable fees for Digital Content, IMVU grants you a non-exclusive, non-transferable license to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of these Terms. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use.

You represent, warrant and agree that you will use the Digital Content available through the Music Store only for your personal, non-commercial, entertainment use. You agree not to take any action that would infringe the rights of the Digital Content's copyright owners and to comply with all applicable laws in your use of the Digital Content. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Digital Content except as expressly permitted above. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law. Accordingly, any unauthorized reproduction or distribution of Digital Content violates applicable law.

You agree that IMVU and its licensors has no liability to you for Digital Content that you may find to be offensive, indecent or objectionable.

All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having following the download process, please visit the IMVU Help Center. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or a hard drive crash. We may, from time to time, remove Digital Content from the Music Store without notice.

You do not acquire any ownership rights in the Digital Content as a result of downloading Digital Content. As required by our Digital Content providers, certain Digital Content will, unless otherwise designated, only be available for use by users located in certain territories, and, accordingly, you hereby acknowledge that certain Digital Content may not be available (as a download, streaming or both) if you reside in territory that is restricted by our Digital Content providers. In respect of all territories where Digital Content is permitted, you represent and warrant that you reside in such permitted territories during the time while you are accessing Digital Content.

Owners of the Digital Content and/or their authorized agents are intended third-party beneficiaries under these Terms and may enforce these Terms against you.

Password Restricted Areas

You need a password to login to this Site, to use the Products, and to use or access certain functions and areas within this Site and the Products. 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. IMVU provides you with tools to change your password and to otherwise edit or safeguard your account on your account settings page.

You may not sell, transfer, give, or otherwise surrender your account or account password to another party. 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.

Terms and Conditions of Sale

Every order you place through IMVU or its vendors will be deemed your offer to purchase our Products. We may accept your offer either through an e-mail confirmation or through delivery of the items you requested. Our acceptance of each offer as specified is expressly subject to and conditional upon your acceptance of these (and only these) Terms, and our determination that the offer is based upon a legitimate intent to purchase. All prices we show on this site are subject to change without notice. Prices stated at beginning of delivery apply. Applicable taxes or shipping and handling charges, which may not apply to IMVU Credits or virtual products (if any), are not included in the prices, but all such charges will be added to your invoice and will be visible at Check Out before you complete your purchase.

We will collect sales tax in the states we are required by law to do so. Thus we require your disclosure of state and country of residence when ordering. Applicable sales tax will be added to your purchase. All IMVU Credits, passes, Products, and all virtual products are non-refundable, except, in our sole and absolute discretion. Virtual products purchased will be available for use as soon as reasonably practicable.

Shopping should be fun, and we want you to feel safe and secure when you shop with us at IMVU. As you're shopping with us online, you may give us your payment information (e.g. credit card), and we take the responsibility of caring for that information very seriously. While no security system is absolute, we employ industry standard security systems that are reasonably designed to protect your personally identifiable information ("PII") including your payment information. Our servers protect your PII using encryption which can be identified (in most browsers) by the lock icon in the status bar on secure pages. Look for this icon on any web page that asks for your PII or payment information.

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 dispute these charges at any time, IMVU has the right to contest the dispute and you acknowledge that IMVU may furnish all details of the transaction to the governing body. 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.

When you purchase items or services 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 visit the IMVU Help Center. Additionally, if a catalog Submission item is removed from this Site as a result of an intellectual property infringement claim (or Unsuitable for IMVU content as set forth in the Virtual Goods Policy) 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.

We reserve the right to furnish materially equivalent substitutions for materials which cannot be obtained in sufficient quantities, or to cancel the excess portion of the order. We shall not be in default if delivery is delayed or rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, other industrial disturbances, utility, services or transportation interruptions, or any other cause beyond our reasonable control. We may revise or modify Products, Product information or pricing without notice. We are not responsible for typos, fax or printing errors.

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 "Credits"), which may be purchased with real world currency and can then be exchanged on this Site for limited license right(s) to use a feature of our Product or a virtual 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 Credits, or may distribute our Credits without charge, in IMVU's sole discretion. Regardless of terminology used, IMVU Credits 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 Credits 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 Credits 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 Credits for all transactions involving IMVU Products or virtual products 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 Credits via third parties, but IMVU does not assume any responsibility associated with your transactions with such third parties. IMVU is the sole owner of Credits, and as such, retains all intellectual property rights affiliated with ownership. You acknowledge that at no time do you own, nor have any right to, the intellectual property affiliated with Credits. You are hereby prohibited from reselling or distributing Credits without the expressed written consent of IMVU.

Privacy Policy

Your use of this Site is governed by the IMVU Privacy Policy, which is available at http://id.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 or as otherwise set forth in these Terms, 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 or as otherwise expressly authorized in these Terms. You hereby indemnify and hold IMVU and all providers/licensors of Third Party Content harmless from any third party claims related to your use of the Third Party Content in any manner other than authorized hereunder.

Kebijakan Benda Virtual

You agree to only create virtual products that comply with IMVU's Virtual Goods Policy, and to properly rate the content that you submit to the Site as set forth in the Virtual Goods Policy. To learn more about IMVU's Virtual Goods Policy, guidelines for creation of content, and how to properly rate the content you create, 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. If you submit, post or otherwise make available on the Site any virtual products, you also agree to the terms of the IMVU Creator Agreement.

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 PII. 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 and indemnify IMVU 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.

Site 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 anything that exploits children or minors or participate in a group that exploits children or minors.
  • Post content involving sexualized "age play" (regressive role-play in which one or more characters is a minor) in which any participant, character or role is or may be perceived as being anything other than a consenting adult.
  • 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. All content posted to your Avatar Card, including but not limited to the profile picture, avatar/account name and tagline, must be appropriate for "general audiences."
  • Misrepresent your age in a manner that, if you are an adult makes you appear to be a minor or, if you are a minor, is anything but your actual age.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated) or to participate in racially, ethnically, or otherwise offensive language.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Impersonate or represent IMVU, our staff or other industry professionals.
  • Post off-topic messages or disrupt the flow of chat in any manner that includes, without limitation, abusive or vulgar language.
  • 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.
  • Post information that makes available or includes another individual's personally identifiable information (for example, their real name, e-mail address, postal address, phone number, employer or school).
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Discuss or incite illegal activity.
  • Post anything that depicts cruelty to animals.
  • Alter or interfere with IMVU's site, Products or operations by employment of 3rd party scripts, code, bots, etc.
  • Remove, hide, or obscure access to IMVU tools used to report a user or their behavior.

IMVU strives to create an enjoyable place for all our users. Users must not post anything that may trigger a PhotoSensitive Epilepsy (PSE) episode for users who suffer from such symptoms. Such content includes but is not limited to flashing lights and contrasting visual patterns. Please see http://en.wikipedia.org/wiki/Photosensitive_epilepsy for more information and see our Virtual Goods Policy for additional guidelines to which you must comply.

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 or other appropriate government 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 or appropriate government 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 and use of the Site is undertaken at your own risk and IMVU is not responsible for any offensive, harmful 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 Activities

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 2004-2009 IMVU, Inc. 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 or the owner's authorized agent is permitted to report potentially infringing materials through IMVU's reporting system set forth below. If you are not the intellectual property rights owner or the owner's authorized agent, 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 require you to do the same when interfacing with the Site or Products.

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.

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: DMCA Administrator
PO Box 390012
Mountain View, CA 94039

By e-mail
DMCA@imvu.com

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: DMCA Administrator
PO Box 390012
Mountain View, CA 94039

By e-mail
DMCA@imvu.com

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.