YOU MUST BE AGE 13 OR OLDER TO USE THIS SERVICE AND PRODUCTS; IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THIS SERVICE 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 SERVICE AND/OR PRODUCTS AND YOU HAVE QUESTIONS ABOUT THIS SERVICE OR THESE TERMS, PLEASE CONTACT US VIA OUR HELP CENTER.
ALL IMVU PURCHASES, INCLUDING, WITHOUT LIMITATION, IMVU CREDITS, PASSES, PRODUCTS, BUNDLES, SUBMISSIONS, AVATAR NAMES, AND ALL OTHER VIRTUAL PRODUCTS, WHETHER MADE WITH CREDITS, CURRENCIES, PROMO CREDITS, PREDITS, DEVELOPER TOKENS, CASH OR MONETARY EQUIVALENT, ARE NON-REFUNDABLE, EXCEPT, IN IMVU'S SOLE AND ABSOLUTE DISCRETION.
Disclaimer of Warranties
Your use of this Service 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 Service. 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 SERVICE, 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 SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SERVICE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SERVICE, 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 Service. Immediately cease using this Service 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 Service, you should take certain standard health and safety precautions, such as avoiding using this Service when tired, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and using this Service 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 SERVICE. 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 Service 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 Service outside the United States of America, you are responsible for following applicable local laws.
General Use Restrictions
IMVU provides digital content and products through this Service. Certain information, documents, products and services provided on and through this Service, 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 Service.
IMVU grants you a limited, personal, non-exclusive and non-transferable license to use this Service 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 Service, 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 that may apply to the Software. If you are a US Government end user, we are licensing the Software to you as a "Commercial Item" as that term is defined in the US Code of Federal Regulations and the rights we grant you to the Software are the same as the rights we grant to all others under these Terms.
If you violate these Terms, IMVU may terminate and/or suspend your access to this Service 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 Service. 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 Service. 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 Service 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 made available for digital download through the Music Store is sold directly by Sony BMG Music Entertainment Downloads LLC via VLGroup 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 backup 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, as a stream or both) if you reside in a 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 Service, to use the Products, and to use or access certain functions and areas within this Service 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 Service 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 Service 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 Service 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 Service 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 Service and the Fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Service, 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 Service such as Credits, credit bundles, avatar names and account upgrades, 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 Service 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.
The Service 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 Service 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 and the terms of the Prepaid Credits Policy. 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 Service. 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.
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.
Virtual Goods Policy
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 Service 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 Service 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.
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 Service, including without limitation, any "virtual products" or other items that you develop and make available on this Service (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 Service, 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 Service any virtual products, you also agree to the terms of the Creator Program Participation Agreement.
You represent and warrant that: (i) you own all Submissions posted by you on or through this Service, 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 Service does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity, and (iii) all commerce related to the Service occurs on IMVU itself and is denominated in IMVU Credits (i.e. all off-site sale of content or services is expressly forbidden). 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 Service.
Please refer to the Community Guidelines that govern user-generated content (excluding submissions made to the virtual catalog) and behavior.
IMVU reserves the right to (a) terminate your access to your account, your ability to post to this Service 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 Service or to any other user of this Service 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 Service, 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 Service 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 Service 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.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Service 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 Service or the use of this Service 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 is a trademark of IMVU in the United States. Other trademarks, names and logos on this Service are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Service, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of IMVU, Copyright 2004-2018 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 here. 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.
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.