Posted 13 years ago
DogtagsDC wrote:Get the word out... we're now live. Uncensored. All under one roof. http://www.imvusucks.com
CreatorPuppet wrote:Notice how quickly this topic disappeared, this is more than likely a fake law suit.
DogtagsDC wrote:Get the word out... we're now live. Uncensored. All under one roof. http://www.imvusucks.com
Xacto wrote:Wow, I would love to get a seat at that hearing lol. Shame I'm all the away across the state. I bet some interesting information can be found by looking through the involved parties list, like who represents IMVU, for starters, I was hoping that there might be some documents of IMVU's submitted code, but it doesn't look like that's going to happen lol. Also, does anyone find it crazy that the plaintiff was an actual user of IMVU? Oh snap wait a second, there's copies of personal emails from IMVU staff members within some of these documents as exhibits! They have their full names and email addresses. Anybody know if that can be useful for something? Like mass complaints possibly?And I've already found some interesting facts that we might be able to use. I'll keep posting them here as I find them:According to the case file, the 20 second music limitation is: "Just a config variable for the client so the 20 sec music threshold will be applied all the way back to v404(the initial version with music)"
Does this mean while we're waiting for the outcome of this settlement might be able to circumvent it with IMVUlite, and have access to the full length of music again?
adryan87 wrote:Xacto wrote:Wow, I would love to get a seat at that hearing lol. Shame I'm all the away across the state. I bet some interesting information can be found by looking through the involved parties list, like who represents IMVU, for starters, I was hoping that there might be some documents of IMVU's submitted code, but it doesn't look like that's going to happen lol. Also, does anyone find it crazy that the plaintiff was an actual user of IMVU? Oh snap wait a second, there's copies of personal emails from IMVU staff members within some of these documents as exhibits! They have their full names and email addresses. Anybody know if that can be useful for something? Like mass complaints possibly?And I've already found some interesting facts that we might be able to use. I'll keep posting them here as I find them:According to the case file, the 20 second music limitation is: "Just a config variable for the client so the 20 sec music threshold will be applied all the way back to v404(the initial version with music)"
Does this mean while we're waiting for the outcome of this settlement might be able to circumvent it with IMVUlite, and have access to the full length of music again?
there already are mass complaints as far as imvu goes and have been for years now but nothing is done about that
adryan87 wrote:just got this in mailWhy am I receiving this notice?You are receiving this notice because a class action settlement may affect you. According to our records, during the period September 21, 2008 to December 1, 2010, you used IMVU credits to purchase, from the IMVU virtual catalog, one or more audio files whose playback length was greater than twenty seconds; you used the IMVU application at least once after January 31, 2011, when IMVU limited the playback length of all audio files to twenty seconds; you have not held an IMVU Account that had been terminated by IMVU for violations of IMVU terms of service; and you have your country of residence setting in the IMVU application set as the United States.What’s this about?A lawsuit was brought against IMVU. It claims that IMVU promised not to shorten the audio files that you purchased and should give refunds because it broke that promise. IMVU contends that the file size reduction was necessary, that it complied with the terms of service, and that IMVU has always truthfully marketed its service. The Court has not determined who is correct. To avoid the costs and risks of continued litigation, the parties have agreed to a settlement. Under the settlement, IMVU has agreed to remove the restrictions that prevented full playback length of the affected audio files. It also has agreed to give partial refunds to purchasers of the affected audio files, pay Court-approved incentives to the customer who brought the lawsuit, pay Court-approved fees and costs to their counsel, and pay all settlement administration costs. The settlement releases all class members’ claims against IMVU regarding the truncation of the affected audio files.What can I receive?If the Court approves the settlement, and you fall within the group described in the first paragraph of this email, you will automatically receive a refund of IMVU promotional credits (“Predits”). The Predits will be computed as 60% of the IMVU Credits that you used to pay for the affected audio products. They will be deposited in your IMVU Account. If you do not wish to receive IMVU Predits, you can choose to receive a refund of IMVU Credits, computed as 30% of the IMVU Credits that you used to pay for the affected audio products. Alternatively, you can choose to receive a cash refund, computed as 30% of the IMVU Credits that you used to pay for the Affected Audio Products, times $0.00040 per IMVU Credit.How do I make a claim?It is not necessary to make a claim. You will automatically receive the refund of IMVU Predits. If you wish to receive the IMVU Credits or cash instead of the IMVU Predits, you must file a benefit elections form, available here. Benefit elections forms are due by March 20, 2016.What are my other options?You can exclude yourself from the class if you want to be able to sue IMVU separately for the claims released by the settlement. If you exclude yourself, you cannot file a claim or object to the settlement.Alternatively, you can object to the settlement by filing papers in the California Superior Court in San Jose, California (MacKinnon v. IMVU , Santa Clara Super. Ct. Case No. 1-11-cv-193767). If you object to the settlement, you also can appear at the settlement approval hearing or can hire your own attorney to appear, although your objection will be considered even if you do not appear or hire an attorney.
You must file or mail your exclusion or objection by January 22, 2016 by following the specific instructions at http://www.audiofilesettlement.com.
The Court will hold a hearing on February 19, 2016 at 9:00 a.m. to consider whether to approve the settlement. If the settlement is approved, the attorneys for the class will ask the Court to award them up to $1,150,000.00 in fees, reasonable costs and expenses, and to award up to $10,000 as an incentive to the customer who started the lawsuit. This hearing date may change without further notice to you.
For updated information on the hearing date and time, or to view the precise terms and conditions of the settlement, please see the settlement agreement available at the settlement website: http://www.audiofilesettlement.com; contact class counsel at Gutride Safier LLP, 100 Pine Street, Suite 1250, San Francisco, CA 94111; or access the Court’s docket in this case at http://www.sccaseinfo.org or http://www.scefiling.org (enter case number 111CV193767) or in person at Records, Superior Court for the State of California, County of Santa Clara, 191 North First Street, San Jose, CA 95113, from 8:30 a.m. and 3:00 p.m., Monday through Friday, excluding Court holidays.