THESE TERMS AND CONDITIONS OF SALE GOVERN YOUR PURCHASES OF PRODUCTS FROM IMVU, INC. ("COMPANY"). EVERY TIME YOU MAKE A PURCHASE ON OUR SITE, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS OF SALE. Every order you place through Company 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 conditioned on your acceptance of these (and only these) Terms and Conditions of Sale.

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 do not apply to IMVU Credits or virtual products (if any), are not included in the product prices, but all such charges will be added to your invoice and will be visible at Check Out before you complete your purchase. We accept payment only by the following: credit card, PayPal, SMS, money order and PayByCash.

We will collect sales tax in the states we are required by law to do so. Thus we require you to tell us your state of residency 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 credit card information, and we take the responsibility of caring for that information very seriously. While no security system is absolute, we employ industry standard security systems. Our servers protect your information using encryption and firewall technology throughout the ordering process. Most browsers will show a lock icon in the bottom status bar on secure pages. Look for this icon on any web page that asks for your personal information.

Thanks to the Fair Credit Billing Act, your credit card company or your bank cannot hold you responsible for an amount higher than $50 of unauthorized or otherwise fraudulent charges made to your credit card. Liability on a debit card can be greater, but check with your bank because most of them grant the same $50 limit to debit cards.

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.

These Terms and Conditions of Sale 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 and Conditions of Sale or pertaining to the subject matter hereof. The parties to these Terms and Conditions of Sale each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Sale 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 and Conditions of Sale 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 and Conditions of Sale 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 and Conditions of Sale, these Terms and Conditions of Sale will govern, unless expressly agreed in writing otherwise by an executive officer of Company (i.e., regular employees cannot bind the Company).

IMVU Music Service: Terms of Use

This is an agreement between you and IMVU (with its affiliates, providers or “we”). Before using the IMVU service (the “Service”), please read these terms of use. All rules and policies related to the service, including, but not limited to any product specific rules or usage provisions specified on any product detail page or in any link from a product detail page, are reflected here or may be found in (Documents that variously go by specific names relating to Privacy Notices, Terms of Service, Terms of Sales, Conditions of Use uniquely identified here for each service and which, in conjunction with the Terms of Use is collectively the “Agreement”). If you use this Service, you will be bound by the terms of this Agreement. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy or use the Service, software or any music, images or other material available through the Service.

The Service

The Service offers downloads of digitized versions of audio recordings, artwork and information relating to such audio recordings, and other content (individually and collectively, “Digital Content”) and other services under the terms and conditions in this Agreement. All Sony BMG content is sold directly by Sony BMG Music Entertainment Downloads LLC via MCNE as its agent.

Digital Content

License. Upon your payment of our fees for Digital Content, we grant 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 this Agreement. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use.

Restrictions. You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use as restricted here. You agree not to infringe the rights of the Digital Content’s copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as described in the License above, 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. 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.

Explicit Content. You agree that we have no liability to you for Digital Content that you may find to be offensive, indecent or objectionable.

All Sales Final; Downloading and Risk of Loss; Availability of Digital Content. 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 contact Customer Service at 888-760-9977. 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 Service without notice.

Warranties. All content and other information material and products made available to you through this Service are provided “as is” and “as available” without warranties of any kind by us or the copyright owners. To the full extent permissible under applicable law, we and the content owners disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither we nor the content owners warrants that the service or any content, information, materials or products included on or otherwise made available to you through the service are free of viruses or other harmful components.

Software

We may make available to you, from time to time, software for your use in connection with the Service (any and all such software, individually and collectively, the “Software”).

Use of the Software. You may use the Software only in connection with the Service. You may not separate any individual component of the Software for use other than in connection with the Service, may not incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software that we might provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

No Reverse Engineering, Decompilation, or Disassembly; Updates. You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble the Software, whether in whole or in part, or create any derivative works from or of the 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.

Export Regulations; Government End Users. 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 this Agreement.

Damages Cap. Neither we nor any content owner will be liable for any incidental, punitive, special or consequential damages of any kind arising from the use of the Service, its Software or its Content. Without limiting the Disclaimer of Warranties and Limitation of Liability in the (same list of documents referenced in the lead paragraph above), in no event shall our or our software licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Service, the Software or the Content exceed the amount of five dollars ($5.00). This limitation will apply even if the remedy fails of its essential purpose.

Reservation of Rights

Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service, the Software and the Digital Content are reserved and retained by us and our licensors. You do not acquire any ownership rights in the Software or Digital Content as a result of downloading Software or Digital Content.

Territory Restrictions

As required by our Digital Content providers, Digital Content will, unless otherwise designated, be available for audio downloads only to customers located in the United States.

Additional Conditions

Termination; Amendments. Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with any of its terms. In case of such termination, you must cease all use of the Software and Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the Service’s website. Your continued use of the Service, the Software or the Digital Content after any such amendment’s effective date evidences your agreement to be bound by it.

Third-Party Beneficiaries. Digital Content copyright owners are intended third-party beneficiaries under that Agreement and may enforce this Agreement against you.

Contact Information. For communications concerning this Agreement, please write to
IMVU, inc.
Attn: Clare Tuma
411 High Street
Palo Alto, CA 94301