Derivable / Custom Products

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Extinction
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Derivable / Custom Products

Post by Extinction » Sat Apr 01, 2017 1:01 am

This topic has been talked about time and time again.

I remember reading in the forums that if you left a product derivable on something that states you cannot leave it derivable that they are in the wrong and not you.
*If someone finds the TOS snippet, please!*

HOWEVER, I have a friend who is deriving from a products, that the owner strictly states: "This product can't be used for customs, only public!"
Now I assume this is very much the same concept as leaving items derivable, but I want to be sure.
I also would very much like it in the TOS pointed out where it says it's okay, because she is freaking out hard, lol.
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Re: Derivable / Custom Products

Post by Zara » Sat Apr 01, 2017 1:14 am

Strictly speaking if it's set to derivable then you can do whatever you like, derive, custom, hidden, zcd etc and you'll be fine with IMVU's rules.

What you have to bear in mind is that arsey devs like that may try to give you grief or blacken your name somehow. That kind of thing doesn't bother me but it might upset your friend.

Consider also, do you really want to derive from someone like that?

If worried, I'd recommend contacting them and telling them what you want to do. Base whether you go ahead or not on their response.

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Re: Derivable / Custom Products

Post by Extinction » Sat Apr 01, 2017 1:45 am

Zara wrote:
Sat Apr 01, 2017 1:14 am
Strictly speaking if it's set to derivable then you can do whatever you like, derive, custom, hidden, zcd etc and you'll be fine with IMVU's rules.

Thats what I assumed. I told her as much.
She's still all 'bleh' over it, but the reason she is using it is because a customer wanted it fo a set she was making.
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Re: Derivable / Custom Products

Post by LuvableVenus » Sun Apr 02, 2017 9:36 pm

Extinction wrote:
Sat Apr 01, 2017 1:01 am
This topic has been talked about time and time again.

I remember reading in the forums that if you left a product derivable on something that states you cannot leave it derivable that they are in the wrong and not you.
*If someone finds the TOS snippet, please!*

HOWEVER, I have a friend who is deriving from a products, that the owner strictly states: "This product can't be used for customs, only public!"
Now I assume this is very much the same concept as leaving items derivable, but I want to be sure.
I also would very much like it in the TOS pointed out where it says it's okay, because she is freaking out hard, lol.
I am currently re-reading the TOS. Back with you soon as I find out what TOS is (if there is anything that can stop your friend from deriving for customs only) To me, it's the content creator your friend is deriving from is looking for the $/cred value then anything, well that's my assumption anyways.

Looking at it from this point of view. If your friend is deriving a 5 piece furniture bundle (just for argument sake ok), and say each individual item is valued at 650 creds. Total is 3250. If it is set to custom only. Then that would be the end of that sale for those 5 piece and including the bundle. However this content creator wants it left for public, which means the following: X amount of items sold for 650 creds each, gives that dev MORE creds/cash. Just my way of thinking of what the dev could possibly be meaning from her/him wanting it left public.

I don't ever recall anywhere in the TOS, where you MUST adhere to the what the content creator has asked. Most may do it out of respect, or are followers etc. Though as I said I am re-reading the TOS as a refresher. As I have never experience this before, as a dev I want to be able to dot my i's and cross my t's, and not go sprouting off with something I don't know what I am talking about.

V 8-)
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Re: Derivable / Custom Products

Post by LuvableVenus » Sun Apr 02, 2017 10:39 pm

Ok I am by no means a solicitor or lawyer. lol Though I have read that damn TOS over. And I didn't find anything in regards to, whether or not how a submission should be in the catalogue as a custom product (hidden) or that it has to be left as a public product.

I did however, find these:

From the IMVU TOS Community Guideline: (LINK: http://www.imvu.com/catalog/web_info.ph ... of_service)
{I am mainly pertaining to the sentence in full caps}
Community Guidelines

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.


From the IMVU Creator Agreement: (LINK: http://www.imvu.com/catalog/creator_agreement.php)

Derivability

When you mark a product as "derivable" in the catalog, you give permission to every other IMVU Creator to derive a new product from your product. This permission also allows those other IMVU Creators to set their derived products to be derivable. You acknowledge and agree that the original Creator(s) who developed a product as part of the derivation chain are to receive payment of their share of the final catalog price, based on their established wholesale price(s) in the derivation chain. Simply deriving new virtual products from those derivations does not, in itself, constitute copyright infringement (because it is a licensed activity that the underlying Creators have authorized).


I have read and read and read and read. INFO overload now rofl.

Though on a serious note. I do not see where your friend can be "forced" to have those products she/he is submitting, set to public only.


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Re: Derivable / Custom Products

Post by Extinction » Mon Apr 03, 2017 1:36 am

LuvableVenus wrote:
Sun Apr 02, 2017 10:39 pm
From the IMVU Creator Agreement: (LINK: http://www.imvu.com/catalog/creator_agreement.php)

Derivability

When you mark a product as "derivable" in the catalog, you give permission to every other IMVU Creator to derive a new product from your product. This permission also allows those other IMVU Creators to set their derived products to be derivable. You acknowledge and agree that the original Creator(s) who developed a product as part of the derivation chain are to receive payment of their share of the final catalog price, based on their established wholesale price(s) in the derivation chain. Simply deriving new virtual products from those derivations does not, in itself, constitute copyright infringement (because it is a licensed activity that the underlying Creators have authorized).


Ahh this was what I was looking for! I already knew this, but in the case of this person possibly attacking my friend over it, they wanted "proof" to show them they aren't breaking any IMVU rules.
I mean, by all means I try to abide to personal creators rules, but in this particular case, it seemed overboard and childish.
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Re: Derivable / Custom Products

Post by LuvableVenus » Mon Apr 03, 2017 5:05 am

Extinction wrote:
Mon Apr 03, 2017 1:36 am
LuvableVenus wrote:
Sun Apr 02, 2017 10:39 pm
From the IMVU Creator Agreement: (LINK: http://www.imvu.com/catalog/creator_agreement.php)

Derivability

When you mark a product as "derivable" in the catalog, you give permission to every other IMVU Creator to derive a new product from your product. This permission also allows those other IMVU Creators to set their derived products to be derivable. You acknowledge and agree that the original Creator(s) who developed a product as part of the derivation chain are to receive payment of their share of the final catalog price, based on their established wholesale price(s) in the derivation chain. Simply deriving new virtual products from those derivations does not, in itself, constitute copyright infringement (because it is a licensed activity that the underlying Creators have authorized).


Ahh this was what I was looking for! I already knew this, but in the case of this person possibly attacking my friend over it, they wanted "proof" to show them they aren't breaking any IMVU rules.
I mean, by all means I try to abide to personal creators rules, but in this particular case, it seemed overboard and childish.
Definitely no rules broken. I am the same. There is one particular pro dev I will NOT touch their work as they only want their textures on their products. I am sorry, though when I am going to get recognition for your work? hmm never. So, I leave their work well enough alone. And I do agree that the dev your friend is deriving from, does seem overboard and childish.
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