IMVU Creator Program Agreement

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IMVU Creator Program Agreement

Post by LuvableVenus » Mon Apr 03, 2017 4:30 pm

I have added this here for those wishing to become creators and those whom wish to re-read the creator agreement.

(NEW to IMVU and are becoming a content creator, please follow this link to read and sign the agreement: http://www.imvu.com/catalog/creator_agreement.php)

IMVU, INC. ("IMVU") CREATOR PROGRAM PARTICIPATION AGREEMENT

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "CREATOR PROGRAM TERMS") SUPPLEMENT OUR TERMS OF USE, AND PROVIDE ADDITIONAL GENERAL TERMS GOVERNING OUR CREATOR PROGRAM AND YOUR PARTICIPATION AS A CREATOR ON IMVU. THESE TERMS ARE PART OF A LEGAL CONTRACT BETWEEN YOU AND IMVU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT CLICK ON THE "I AGREE" BOX BELOW. YOUR CLICKING ON THE "I AGREE" BOX BELOW CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IMVU CAN CHANGE THESE TERMS PROSPECTIVELY (BUT NOT RETROACTIVELY) AT ANY TIME. IF IMVU CHANGES ANY OF THESE TERMS, IMVU WILL POST THE UPDATED TERMS OF PARTICIPATION ON THIS SITE. IMVU MAY ALSO SEND REGISTERED CREATORS A NOTICE OF THE CHANGE TO THESE TERMS. YOUR CONTINUED USE OF THIS SITE AND/OR SUBMISSION OF PRODUCTS AFTER SUCH CHANGES HAVE BEEN POSTED ACKNOWLEDGES YOUR AGREEMENT TO THE NEW TERMS. THEREFORE, YOU SHOULD CHECK THE TERMS OF THE CREATOR PROGRAM PARTICIPATION AGREEMENT PERIODICALLY FOR UPDATES AND CHANGES.

IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO ENTER INTO THIS AGREEMENT, 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/CREATOR AND YOU HAVE QUESTIONS ABOUT THIS SITE OR THESE TERMS, PLEASE CONTACT US THROUGH THE IMVU SAFETY CONTACT FORM.

Earned Credits or Royalty Amounts Applied to Your Account; Conditions to Rights to Receive Credits or Money Royalties for Sales of Virtual Goods

By clicking the "I Agree" box below, you also agree with IMVU as follows:

1. You must be a registered Creator in order to participate in the IMVU Creator Program.

2. Only sales of virtual goods from the IMVU catalog and sales of In App Purchases (IAP) from a developer app, and for which your creator account is shown as part of the derivation chain for purposes of allocating Credits upon sale, are eligible to produce IMVU Credits (or money royalty amounts, if you so elect, subject to the additional terms below) for your creator account. Sales of such virtual products will result in IMVU Credits being applied to your creator account only if you have not made the choice to designate your earning method for those products as "money" - all items not designated as "money" items (for whatever reason) will earn IMVU Credits for your account.

3. You have carefully read and you understand the terms and conditions of the IMVU Creator Program Policy, the terms of which (as they may change and are in effect from time to time) are hereby incorporated in full into this agreement by this reference. All terms not otherwise defined in this agreement have the meanings given to them in the IMVU Internet Web Site Terms of Use (the "Terms"), the IMVU Creator Program Policy, or in the IMVU Creator Money/Royalty Policy.

4. You agree to only create and only submit virtual products or IAPs that comply with IMVU's Virtual Goods Rating Policy.

5. When you submit any virtual product or other Submission to the IMVU catalog, you grant IMVU a worldwide, perpetual, non-exclusive license in regard to your Submissions, including a grant to IMVU of the license rights provided in the "Submissions" section and other sections of the Terms. If your Creator account is disabled or terminated, for a Terms/terms of service violation or for any other reason, the licenses you have granted to IMVU will survive and will continue in perpetuity.

6. You represent and warrant that: (i) you own all virtual products / Submissions posted by you in, on or through the IMVU catalog, or you otherwise have all the rights necessary to grant the licenses to IMVU set forth in this agreement and the Terms, and (ii) the posting of your virtual products / Submissions in the IMVU catalog does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity.

Credits or Money/Royalty Amounts Earned from Catalog Sales; Conditions to Right to Retain Credits or Money Amounts Applied to Your Account

7. In particular, you agree and acknowledge that the IMVU Creator Program Policy (and the IMVU Creator Money/Royalty Policy) provides (among other things) that:

a. Only sales of virtual products that are "aged" in accordance with IMVU policies in place at the time are eligible to earn Credits (or, if you have so elected, money/royalty amounts) applied to your account.

b. Any IMVU Credits (or money/royalty amounts) that have been applied to your account remain subject to reversal (and subtraction from your account, which may result in a negative account balance) at any time thereafter if the virtual product sale for which the IMVU Credits (or money/royalty amounts) were calculated is later cancelled or reversed for any reason, or if the virtual product is removed from availability for purchase in the catalog as a result of being i) found to be unfit for IMVU (UFI), as determined by IMVU in its sole discretion; ii) the subject of a DMCA take down notice received by IMVU; iii) incorrectly rated as GA (for general audience availability) when it should have been rated Access Pass Only (APO) in the catalog; or iv) found to be otherwise in violation of the Terms or other applicable IMVU policies.

Money Earned from Catalog Sales; Additional Conditions to Rights to Payment of Cash Amounts

8. Only sales of virtual goods from the IMVU catalog and sales of In App Purchases (IAP) from a developer app, and for which your creator account is shown as part of the derivation chain for purposes of allocating Credits upon sale, are eligible to produce money royalty amounts for your creator account. Sales of such products will only result in money amounts being applied to your creator account if you have made the choice to designate your earning method for those products as "money" and such designation remains in effect (otherwise no money/royalty amount will accrue to your account for sales of such product(s), which will instead earn IMVU Credits for your account).

9. You have carefully read and you understand the terms and conditions of the IMVU Creator Money/Royalty Policy, the terms of which (as they may change and are in effect from time to time) are hereby incorporated in full into this agreement by this reference. In regard to your right to payment of money royalties if you exercise the choice to designate the earning method for any one or more of your virtual items in the catalog as "money," you agree and acknowledge that the IMVU Creator Money/Royalty Policy provides (among other things) that:

a. The provisions of Section 7 above apply.

b. You are not eligible to receive payments of money unless and until you complete and submit to IMVU all tax and identification information requested by IMVU.

c. You (and not IMVU) are responsible for payment of any taxes applicable to the amount of money/royalty payments you receive from IMVU, and you (and not IMVU) are responsible for providing necessary tax identification and exemption information as a condition to receiving royalty payments and to avoid unnecessary backup withholding.

d. The money/royalty payments that you can receive from IMVU are subject to a minimum threshold amount and a maximum single payment amount in accordance with the IMVU policy in place at the time of such payment.

e. Except as otherwise provided, money royalty payments will not be made to you by IMVU unless and until you request a payment through your creator account.

f. You must have a PayPal account and provide your account information to IMVU in order to be able to receive payment.

Limitation of Liability

IN NO EVENT SHALL IMVU (OR ITS LICENSORS) 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 (OR ITS LICENSORS) KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

IMVU CREDITS ARE NON-REFUNDABLE AND ARE NOT CONVERTIBLE OR REDEEMABLE FOR CASH OR OTHERWISE.

These Creator Program Terms, together with the IMVU Internet Web Site Terms of Use (the "Terms") are the entire agreement between you and IMVU and supersede all prior or contemporaneous negotiations, discussions or agreements between you and IMVU, with regard to your right to make Submissions and to receive IMVU Credits or be paid money/royalty amounts for Submissions you make on the IMVU Site. To the extent a confirmation letter, e-mail or other communication is inconsistent with these Creator Program Terms and the Terms, these Creator Program Terms and the other Terms will govern, unless expressly agreed in writing otherwise by an executive officer of IMVU (i.e., regular employees cannot bind IMVU). These Creator Program Terms are meant to supplement, and do not supersede, the more general Terms of use applicable to the IMVU Site, which remain in full force and effect.

These Creator Program 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 IMVU arising out of these Creator Program Terms or pertaining to the subject matter thereof.

You agree that the exclusive venue for any dispute arising out of these Creator Program 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 Creator Program Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

IMVU, INC. ("IMVU") CREATOR PROGRAM POLICY

As an IMVU Creator, you are required to act in accordance with United States copyright and trademark law, and other applicable laws. When you submit a virtual product to the IMVU catalog, you are representing to IMVU that you are the original author/creator (or a co-author/creator) of the work, and that you have (at minimum) a good faith belief that you are legally authorized to make use of all of the content contained within the product and to grant to IMVU the license rights provided in the Terms. This includes but is not limited to textures, models, animations, text, graphics, likenesses, sounds, etc. Violation of the copyrights (and other rights) of others exposes you to criminal and civil prosecution, with potential liability extending beyond actual damages to include statutory damages and court costs. It is also a violation of the IMVU Internet Web Site Terms of Use (the "Terms").

You should at a minimum make a good faith effort to:

Verify the content you submit uses non-copyrighted materials (or materials for which "derivation" is permitted on our Site),

and/or

Contact the copyright and trademark owner/agent or Creator(s) and get their permission.

IMVU, Creators, and the Digital Millennium Copyright Act (DMCA)

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you agree to abide by the Terms, and you may submit a DMCA takedown notice to IMVU. To learn more about DMCA takedown notices and IMVU's DMCA policies, click here or, click the 'Copyright(DMCA)' link at the bottom of every IMVU webpage.

Product Ownership

You are not required to assign the copyright for your virtual products/Submissions to IMVU. However, when you submit a product to the IMVU catalog, you grant IMVU a worldwide, perpetual, non-exclusive license in your Submission, in accordance with the IMVU Creator Program Participation Agreement and the Terms. In effect, those license rights permit IMVU to use that submitted product in any way IMVU sees fit.

Consequently, if your account is terminated or disabled for a Terms/terms of service violation or any other reason, the licenses that you have granted to IMVU survive and continue in perpetuity. To read the Terms, click here, or click the 'Terms of Service' link at the bottom of any IMVU web page.

Earned Credits Applied to a Creator's Account

Only sales of virtual products/goods from the IMVU catalog and sales of In App Purchases (IAP) from a developer app, and in accordance with the Terms and the Creator Program Participation Agreement, are eligible to earn IMVU Credits for the account of the creator.

Each of the virtual products/goods submitted to the catalog by a creator (and for which the earnings method is not designated by the creator as "money" (either at the time of original submission, or thereafter)) will (unless and until the designation is subsequently changed by the creator), cause the creator to earn IMVU Credits for the creator's account. The Credits earned from each sale of a catalog item will be equal to the number of IMVU Credits that are attributed to the creator under the product derivation chain for sales of that item. Any account or catalog item for which the creator has designated "money" as the earning method item will NO LONGER result in the earning of IMVU Credits for the account of that creator - but instead will result in the allocation of money/royalty amounts only, to that creator. If there is a derivation chain of contributing creators for a particular catalog item, each contributing creator is free to choose for themselves whether their contributing product is designated as a money/royalty item, and therefore whether their allocated portion of the item price earns them IMVU Credits or money.

Any earned Credits that have been applied to a creator's account are subject to reversal (and subtraction from the account, which may result in a negative account balance) at any time thereafter if the virtual product sale for which the Credits were calculated is later cancelled or reversed for any reason, or if the virtual product is removed from availability for purchase in the IMVU catalog as a result of being i) found to be unfit for IMVU (UFI), as determined by IMVU in its sole discretion; ii) the subject of a DMCA take down notice received by IMVU; iii) incorrectly rated as GA (for general audience availability) when it should have been rated Access Pass Only (APO) in the catalog; or iv) found to be otherwise in violation of the Terms or other applicable IMVU policies.

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).

IMVU Virtual Goods Rating Policy

Before you become a Creator, you must thoroughly read through the IMVU Virtual Goods Rating Policy. It is very important for you to read the entire Virtual Goods Rating Policy, including how to properly "rate" virtual products. By becoming part of the IMVU Creator Program (and as one of the key terms of the IMVU Creator Program Participation Agreement), you are agreeing to abide by the Virtual Goods Rating Policy. You can get to the Virtual Goods Rating Policy at any time by clicking the link found within the Terms.

IMVU Internet Website Terms of Use

Before you become a Creator, you must thoroughly read and agree to the IMVU Terms. Although it is important that you read the entire Terms, please pay special attention to the section titled "Submissions" and other sections that address specifically the development and submission of virtual products to the IMVU catalog. Remember: you can get to the Terms by clicking the 'Terms of Service' link found at the bottom of any IMVU webpage.

No Reselling of Credits

Your Creator account cannot engage in the sale or resale of credits to other IMVU users.

Terms of Policy may be Changed

IMVU reserves the right to change any provisions, terms or conditions of this Creator Program Policy to fit new requirements or changes to its business or business objectives, and at its discretion. IMVU also reserves the right to create sub-policies for specific countries where required or appropriate. All changes will be posted on the IMVU Site.

IMVU, INC. ("IMVU") CREATOR MONEY/ROYALTY POLICY

Money Amounts Applied to a Creator's Account

Only sales of virtual items from the IMVU catalog and sales of In App Purchases (IAP) from a developer app, and in accordance with the Terms, and with the Creator Program Participation Agreement and with this policy are eligible to produce money/royalty amounts for the account of the creator.

Once a creator opts into the choice of money as the earning method from IMVU, then each of the virtual items submitted to the catalog by the creator and for which the earnings method is designated by the creator as "money" (either at the time of original submission, or thereafter) will, from and after the time of designation as a "money" item (unless and until the designation is subsequently changed by the creator, or by IMVU in accordance with its policy), cause the creator to earn money/royalty amounts in cash for the creator's account. The money amounts earned from each sale of a designated virtual item will be equal to the number of IMVU Credits that would (otherwise) be attributed to the creator under the product derivation chain for sales of that same item, multiplied by the Royalty Rate (as established by IMVU from time to time). Any IMVU catalog item for which the earning method is designated to be "money" will NO LONGER result in the earning of IMVU Credits for the account of that creator - but instead will result in the allocation of money amounts only, to that creator. If there is a derivation chain of contributing creators for a particular catalog item, each contributing creator is free to choose for themselves the earning method designated for their contribution to the product, and therefore whether their allocated portion of the item price earns them IMVU Credits or money amounts.

Money amounts are only available to be earned from IMVU on a going-forward basis on catalog product items after the creator designates them as "money" items (that is, an earning method designation cannot be made retroactively). If no earning method designation is made for a particular virtual product in the catalog, it is automatically NOT money/royalty bearing. If there is a derivation chain for a product, each creator of the final and the precursor products in the derivation chain can make a separate designation. A creator is allowed to change the designation of earning method for any of their virtual product items in the catalog (from Credit earning to money earning, or vice versa), at any time - however, the change in designation will only apply on a go-forward basis to sales of the item after the time of the designation change. Earned money amounts cannot be exchanged for IMVU Credits, and IMVU Credits cannot be exchanged for money amounts.

Only bona fide, third party sales of virtual items from the IMVU catalog and sales of In App Purchases (IAP) from a developer app are eligible to earn money for the account of a creator.

If a creator's account is suspended from IMVU, or if the creator's account is voluntarily or involuntarily terminated, then at that point in time all catalog products submitted or "owned" by that creator account will automatically end their designation of earning method as "money", and all such items will automatically be designated as Credit earning items. In addition, if a period of 12 months has elapsed since the designation of the earning method for any account or item as "money", but the creator has not submitted to IMVU all required documentation to permit payment (including tax forms, PayPal account information, and any required personal identification information), then in its discretion IMVU may cause all catalog products and In App Purchases (IAP) submitted or "owned" by that creator account to end their designation as "money" items, and all such items will then automatically be designated as Credit earning items from that point in time. No further money amounts will be applied for that creator account from subsequent sales of any such virtual products from the catalog.

Any money amounts that have been applied to a creator's account are subject to reversal (and subtraction from the account, which may result in a negative account balance) at any time thereafter if the virtual product sale for which the money/royalty amounts were calculated is later cancelled or reversed for any reason, or if the virtual product is removed from availability for purchase in the IMVU catalog as a result of being i) found to be unfit for IMVU (UFI), as determined by IMVU in its sole discretion; ii) the subject of a DMCA take down notice received by IMVU; iii) incorrectly rated as GA (for general audience availability) when it should have been rated Access Pass Only (APO) in the catalog; or iv) found to be otherwise in violation of the Terms or other applicable IMVU policies.

Royalty Rate

Money/royalty amounts are not eligible for payout in cash to the creator until the money amounts from the relevant sale(s) of virtual items have "aged" in the creator's account for some number of days in accordance with IMVU policies in place at the time (currently at least 14 calendar days from the date of the sale of virtual items from which the money/royalty amounts were allocated to the creator account). IMVU reserves the right to further delay the time for eligibility for payout for any sale(s) of virtual items that it considers suspect and that remain under review.

Money amounts in a creator's account that are sufficiently "aged" are eligible to be paid out to the creator by IMVU in cash (in US Dollars). The money/royalty amount earned from eligible sales of designated virtual items is an amount equal to US $0.40 for every thousand IMVU Credits that would otherwise have been earned by the creator from the same virtual items sales, subject to applicable withholding and net of any payment processing fees of third parties (such as PayPal), and subject to the other conditions of this policy and the Creator Program Participation Agreement. Each time a cash payment is made to a creator in regard to money/royalty amounts, the corresponding money amount will be subtracted from the balance in the creator's account.

Tax Compliance

The creator (and not IMVU) is responsible for payment of any taxes applicable to the amount of money payments received by the creator from IMVU. IMVU believes that these payments should be characterized as royalty payments for tax purposes.

IMVU policy requires compliance with applicable tax laws, including tax reporting and tax withholding requirements. It is a condition to payment of money/royalty amounts that the creator provide to IMVU any required tax forms or other documents in order to comply with tax laws. The creator (and not IMVU) is responsible for providing necessary tax identification and exemption information to permit payment reporting and to avoid unnecessary backup tax withholding by IMVU.

Required tax forms that a creator must provide include:

* Form W-9 (for United States taxpayers), including the creator's correct SSN or other tax ID number, or

* Form W-8BEN if the creator is a non-US taxpayer.

For any creator who is a US taxpayer, IMVU will issue a Form 1099 in the manner required by law. In its discretion, IMVU may permit payment to a non-US taxpayer without submission of Form W-8BEN, but such payment will be subject to any required withholding.

Timing of Payments; Minimum and Maximum Payments

The minimum amount for a single money payment by IMVU to a creator is US$50 (the "Minimum Payment Threshold"). The maximum amount for a single money payment by IMVU to a creator is [US$10,000]. The aggregate amount of money payments from IMVU to a creator in any 30 day period is subject to a cap equal to the lesser of US$10,000 or to that creator's monthly average sales amount ("MASA") over the most recent 12 full calendar months. The MASA for a creator is calculated by taking the total aggregate number of IMVU Credits that are attributed to the creator under the product derivation chain for all bona fide sales of virtual items from the IMVU catalog or sales of In App Purchases (IAP) from a developer app for most recent 12 full calendar months, multiplied by the Royalty Rate (as established by IMVU from time to time), and divided by 12. IMVU reserves the right to waive or raise the maximum monthly payment limitation for any creator, in IMVU's sole discretion.

All the terms and limitations in this policy, including in regard to the eligibility requirements for sales of virtual items from the IMVU catalog to earn money, and the limitations on maximum amounts of payments in a month or in a single payment, and numbers of payouts per month, are to be applied to each creator as an individual (that is, not per account - the creation or opening of multiple accounts by an individual creator will be disregarded and does not result in any right to an increase in maximum amount of payment or the number of payments per month).

If the eligible, aged money amount in a creator's account exceeds the Minimum Payment Threshold, then IMVU will pay out the corresponding cash amount to the creator, upon submission by the creator of a payment request for the creator's account, provided that all required tax, account and other personal information required by IMVU has been provided by the creator, and subject to maximum payment limitations and other terms and conditions then in effect. If all other conditions are satisfied, IMVU will make commercially reasonable efforts to cause payment to be made to the creator within 5 calendar days of the payment request. If a creator makes more than two requests for payment of money amounts from IMVU in any 30 day period, IMVU reserves the right to charge the creator a payment service fee of US$5 per payment transaction, and IMVU is permitted to deduct the amount of such a service fee from the proceeds to be paid to the creator.

If the money amount eligible for payment in a creator's account has not reached the Minimum Payment Threshold in any month, or if the amount exceeds the limits for the maximum amount of payment for the month, or if no request for payment is made by the creator, then the money amount not paid out will remain in the creator's account and carry forward, month by month.

If a creator has a positive money account balance for a period of 18 months, but no payment has been made to the creator (whether because the amount has not reached the Minimum Payment Threshold, or because the creator has not completed the required paperwork to become eligible for payment of money amounts), then upon request by the creator, IMVU may apply the unpaid money account balance toward the purchase by the creator of IMVU Credits in an amount of at least US$50.

If a creator has a positive money account balance at a time when the creator's account is suspended from IMVU, or if the creator's account is voluntarily terminated, then IMVU will make payment out to the creator (if all other conditions to eligibility for payment are and remain satisfied) on the June 30 or December 30, whichever occurs first, next following the three month anniversary of the suspension or voluntary termination of the account, as applicable.

Method of Payments

IMVU will only make payments to creators by means of one of the following accepted payment mechanisms:

* PayPal, paid directly to the creator's PayPal account (no payment to third parties).

* Any other payment method that IMVU in its sole discretion may approve for one or more creators.

In order to be eligible to receive a money payment, the creator must provide IMVU with the necessary account information for payment processing.

Terms of Policy may be Changed

IMVU reserves the right to change any provisions, terms or conditions of this Creator Money Royalty Policy to fit new requirements or changes to its business or business objectives, and at its discretion. IMVU also reserves the right to create sub-policies for specific countries where required or appropriate. All changes will be posted on the IMVU Site.
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