[Archived - RigsK] Important Update - Requiring VIP for Earn Money Program

Posted by “Erieann” on July 20, 2023.

Usually the only updates that they do is when they do a policy change like the grandfathered accounts needing VIP to earn cash and get cash payouts. They are pretty good about sending out messages when there has been an update to the TOS but they really don't highlight the changes within the agreement. I totally agree with you that it would be better for them to specifically highlight the changes and as for what the other person stated, it would be nice for a way to select that you agree instead of the assumption that you agree when you continue to create or use the service.

Posted by “Sylaraia” on July 19, 2023.

I will intellectually agree that it's mostly on us for not reading the creator agreement whenever they update it, but I will also point out - and if I'm wrong on this, please call me out of in it - they never tell you what they changed. You're expected to pour over the newly updated creator agreement while working from memory, trying to figure out what they changed. Their changes should either be presented in bullet points, or highlighted in the new document.

Posted by “Erieann” on July 19, 2023.

When you purchase something online, do you accept the terms that goes with that purchase? If so, there's your signature. Hun, I advise on legal matters for a living. All agreements are legal and binding by IMVU and as much as we may not like all of the terms and agreements, the moment you clicked that accept button when you became a creator, you accepted the TOS, creator agreement, virtual goods policy, etc. It is a legal and binding contract regarding your work and on top of it, again, if you accepted payment for it, just further shows your agreement to the terms of service for your independent contract to IMVU for virtual goods. It is black and white. If you wish to dispute this or get this information verified, I highly recommend you downloading/printing the agreements, speak with a legal advisor/attorney of your choice, then make the informed decision based on factual law and not just based on your opinion of how the legal world should be versus how it has been for centuries. I get it bites but you can't call a banana an apple when it's not the same shape, color, taste, or size.

Also, not that it matters but point and case: I was part of the Essure litigation. I won. I got my settlement. If you truly have the legalities on your side (evidence, etc) then you will usually 9/10 win your case. But when you try to rationalize a legality that holds no water, usually, the judge throws the book at you and laughs you out of court. I hope you take my advice and look into the matters further before continuing to create further.

Posted by “Erieann” on July 19, 2023.

When you accept the TOS and creator agreement, you are legally giving consent to the terms that are in both agreements. Continuing to produce and submit work to the website further provides proof of agreement which is viewed in a court of law as acceptance of terms to the agreement. Thus even further providing the point that you are requesting any form of payment is another agreement to the terms as you are making the request to the specifications laid out within the TOS and creator agreement. When you click the "accept terms" and thus start creating, you put your electronic signature on the agreement. When you receive any payment for product, you are accepting the agreement. That is the reality of a legal agreement in the real world and agreements on IMVU is treated as such. As a judge told me once, "Ignorance of the law is no excuse." Not reading a contract or reading updated terms of a contract is no excuse. Again, my advice, read the agreements, download/print, and then make an informed decision. Reach out to get legal advice if you need to to confirm that it is all legal before making that decision. Do what you gotta do to make the best decision for you. But you can't state it was never there when it was always there.

Posted by “Mole” on July 19, 2023.

Yep, I saw it later, but it still mean that I must bought 3 VIPs if I want request payment from all of my accounts.

Posted by “jacquiline515” on July 19, 2023.

@QBL legally it does not matter if they kept creatign is my point .if they never put thier signature on that contract with imvu then it legally is null and void in the real world but were not dealing in the real world and havent been for a really long time. like i said before you really got no rights and no leg to stand on in this world now anymore and if things were done properly with the judicial system we have now in place then yes you could fight it and win with no problem because a contract is a contract and only thing that can bine the agreement between you and that other person or corporation together it then becomes a legal binding contract only then .

Posted by “QBL” on July 19, 2023.

@jacquiline515​  It has always been my understanding with the creator agreement that it is our responsibility to read it and if we keep creating after any changes are made its basically our acknowledgement of agreement.

Now I know there are a lot of creators that have never read it Its just to much for them to bother with. Personally I like to read it every 6 months sometimes I will let it go to once a year if its pretty quite in the hood. Just because every now and again they like to sneak things in and I like to be educated all all aspects of my Job.

Iam not entirely sure how legal it all is to say,, Well they Kept creating after the changes to the agreement were made therefor that is acknowledgment of the agreement. Iam not Any kind of law scholar. Its always been pretty sketchy at best. Since some people don't log into imvu for months sometimes years at a time except to request a payout. And some don't even create any more.

Posted by “jacquiline515” on July 19, 2023.

@Erieann And also to tell you a contract is made between one or more people and in order for a contract to be legitimate you have to have put your signature on it in order for it to make it be a real feasable legal contract if you did not put your signature on that contract in black & white , then thier is no contract between you and that person, i know this becasue i studied contract law , go look it up a contract is only legal when the person or persons have put thier signature on it to agree to it then it becomes legitimate, if thier is no signature anyplace on any agreement , then it is null and void , but the way the system is right now its all Admirl , Marshal, and militery law statuates and the court system is for the coporations not the average joe to try and fight it in any court system even if enough people get together to file a class action law suit , as it is now all judes are nothing more than administraters not real judges or common law judges , you have no rights now in the legal system no more and havent for a really long time now but has only gotten worse over time , so good luck if you go to fight anything against anyone now .

Posted by “jacquiline515” on July 19, 2023.

@Erieann yes i understand but did we all sign to agree for the credits we earned to no longer be able to sell them outside of imvu becasue regardles of what the courts say it is a broken contract on thier part if we never resigned a new one giving our rights away for it , is no differnet if you signed a contract with a lease agreement on lets say a resteraunt for example and your leasing the place and the orignal owner says he is uping the amount of your monthly rent for that leased resteraunt then tells you he wants more money to be paid than what was originated on the contract before the contracts time limit is up , he cant legally do that , if he does and you dont agree to it then he can tell you to leave but you can still sue him and file a legal law suit against the owner , and also if it was becasuse IRS put a stop to it and made us all pay for what the reselers not claiming on thier taxres then how is that our faults they should be going after them over it not the creaters here that is between IRS and the reseller selling the credits we have no conrol of what the other person who is reselling does ...

Posted by “jacquiline515” on July 19, 2023.

i agree, its our earrnings we should be able to take it anytime we like to and what i dont like is when you go to take it out they askes you why you want it , to me that is my buissness why i am asking for my money i earned not anyone elses buissness especialyl to even ask that question is lunichrist when we made it at a cost to boot , Sears never told Eatons thier busissness either , so why would you .

Posted by “Erieann” on July 19, 2023.

Actually, the IRS did away with the resellers due to tax purposes. IMVU cannot claim what resellers are doing for tax purposes as they don't own them. So they came up with the new solution and an updated TOS and creator agreement that stated that IMVU would now offer a way to earn cash instead of the creators going outside to get the cash payouts if they wished. All of us grandfathered accounts were notified of that change prior to the change so we could further go and read that agreement. If at that time we did not agree to it, we could stop creating all together regarding new products. This was done back in 2012 and there were several issues with that change as well because many did not feel it was fair that the grandfathered accounts would be able to create and cash out without having to purchase VIP to do either. We were also told at that time that IMVU reserved the right to make any changes to grandfathered accounts later on. 11 years later, they made a change. All of this is outlined in the TOS, creator agreement, etc when we first signed it that it says they have the right to change the terms as needed. It then becomes our responsibility when those changes occur and we are notified of it to go and read it and then make a decision if that is something that we continue to agree to. Considering that we continued to create afterwards, then the legal presumption would take president in any court stating that with that action, we agreed to the new TOS terms. But as for the issue with the resellers, that was clearly underlined on irs.gov regarding the matter and it was not only IMVU that was hit with that change. SL and many other platforms were hit with that as well. So again, I do really recommend that any time that IMVU makes a change, go read the entirety of the agreements so that you can make an informed decision going forward regarding your work. I even recommend downloading or printing the agreements for records so if there is an issue, then you have all of that to present to legal counsel if so needed. But following the letter of the law and legalities, while we may not agree with it, IMVU has followed all the protocols needed to alert users/creators of the changes prior to the change.

Posted by “jacquiline515” on July 19, 2023.

@Erieannyour quote  

This means every time that you submit a product to IMVU, regardless of your status on this site; they have license to those products. You got exactly what you signed up for. You are not working for free. We never have. Credits, cash, vcoin... it's all a form of payment that can be used on IMVU. cash can be used elsewhere and not sure about the vcoin cause I don't use it. But most of us grandfathered accounts started out earning credits with permission to sell to a reseller if we wanted cash.

 So, that being said this then means that IMVU has already broken that contract with us once they stoped us from selling to other resellers , i dont ever remember ever resighning anything saying that i agree to them taking that right away from me to only sell to them alone and no one else , every time they make any changes like that you should be sighning something if you agree to it if not then anything they have written in to protect it becomes null and void, if they change it.

Posted by “Anastasianrose” on July 19, 2023.

Unusable**

Posted by “Anastasianrose” on July 19, 2023.

Except we are allowed to edit those items to our hearts content and it sis wildly easy to hit a bugged point in studio beta where the item becomes usable and unfixable.

Posted by “Erieann” on July 19, 2023.

So I am going to guess there are many that really don't read that creator agreement. So I will quote directly from it so that anyone that threatens to take their products away that you are actually violating an agreement that you knowingly signed.

"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."

This means every time that you submit a product to IMVU, regardless of your status on this site; they have license to those products. You got exactly what you signed up for. You are not working for free. We never have. Credits, cash, vcoin... it's all a form of payment that can be used on IMVU. cash can be used elsewhere and not sure about the vcoin cause I don't use it. But most of us grandfathered accounts started out earning credits with permission to sell to a reseller if we wanted cash.

I really recommend to go over that creator agreement in it's entirety. If you don't like what's in the contract, you have a decision to make. But it's always been there in plain black and white. Just the TOS has been updated as needed as time went on.