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Terms of Service
- ACCEPTANCE OF TERMS
LiveJournal.com provides
the following service to you, subject to these Terms of
Service ("TOS"), which may be updated periodically without
notice. You can review the current version of the TOS at: http://www.livejournal.com/legal/tos.bml.
Failure to comply with these TOS may result in account
revocation.
- DESCRIPTION OF SERVICE
LiveJournal.com is a
web-based service that allows its users to create and update
online journals (herein referred to as "LiveJournal", or
"the Service"). The Service can be updated through a web
browser as well as by the use of a free downloadable client
("the Software"). Once registered with LiveJournal.com, each
user receives his or her own journal space to post text,
data, messages, or information concerning or linked to
software, music, sound, photography, graphics, and video
("the Content"). This Content may reside on LiveJournal’s
servers or on the servers of a third party.
- ACCOUNT STRUCTURE
LiveJournal currently has a
four-tier account structure. All accounts are available in
accordance with local law including the Children’s Online
Protection Privacy Act (COPPA) which restricts children
under the age of 13 from registering;
- Free Accounts: LiveJournal.com accounts are available
for free to all valid registrants. Free accounts offer a
limited number of features in relation to the other
accounts offered.
- Early Adopter: No longer open to new users, this
account was created and made available to users registered
before September 14, 2000. Early Adopters are offered
extended features over free account users, but do not
receive any new pay features.
- Paid Accounts: Paid accounts are available for an
annual fee and offer users all extended and basic features
that LiveJournal.com offers. These accounts are issued in
accordance with the terms set forth by http://www.livejournal.com/paidaccounts/.
Paid accounts are non-transferable and non-refundable.
Once a user name is chosen and paid for, that user owns it
till the journal is deleted, whether by LiveJournal.com or
the user.
- Permanent Accounts: These accounts are life long, and
are generally bestowed upon the LiveJournal.com founders,
administrators, or those that have earned a Permanent
Account by virtue of "Work Excellence" for
LiveJournal.com. LiveJournal administrative communities
such as news, development, et al. are also established as
Permanent Accounts for the benefit of LiveJournal users.
For a full overview of the features offered to
each account type, see http://www.livejournal.com/paidaccounts/.
You hereby agree to this structure, and to LiveJournal.com’s
right to change, modify, or otherwise discontinue any type
of account and/or its respective services.
- YOUR REGISTRATION OBLIGATIONS
Account
registration and verification is required in order to create
a LiveJournal. During registration, all users are required
to provide accurate, complete and current information about
themselves in all required fields. Should any of your own
information change after submitting it to LiveJournal, you
are hereby required to update that information as soon as
possible. Should LiveJournal.com suspect that your personal
information is not complete, current, or accurate, your
account may be subject to suspension or termination. Should
you feel that LiveJournal.com’s privacy policy is not
sufficient for you to complete the registration form
truthfully, please email your policy concerns to privacy@livejournal.com.
- LIVEJOURNAL.COM PRIVACY POLICY
For information
on LiveJournal’s privacy practices, please see the entire
privacy policy at http://www.livejournal.com/legal/privacy.bml.
- INDEMNITY
You agree to indemnify and hold
LiveJournal.com, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising
out of your Content, your use of the Service, your
connection to the Service, your violation of the TOS, or
your violation of any rights of another, whether you are a
registered user or not. The user is solely responsible for
his or her actions when using the Service, including, but
not limited to, costs incurred for Internet access.
- SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding online
conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission
of technical data exported from the United States or the
country in which you reside.
- GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that LiveJournal.com may
establish general practices and limits concerning use of the
Service and may modify those general practices at any time.
- MODIFICATIONS TO SERVICE
LiveJournal.com
reserves the right to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or
without notice at any time. You agree that LiveJournal.com
shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
- NO RESALE OF SERVICE
You agree not to
reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the
Service.
- TERMINATION
You agree that LiveJournal.com, in
its sole discretion, may terminate your password, journal,
or account, and remove and discard any content within the
Service, for any reason, including and without limitation,
the lack of use, or if LiveJournal.com believes that you
have violated or acted inconsistently with the letter or
spirit of the TOS. Any contracts, verbal or written or
assumed, in conjunction with your deleted journal and all
its parts, at LiveJournal.com’s discretion, will be
terminated as well. LiveJournal.com may also in its sole
discretion and at any time, discontinue providing the
Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service
under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that LiveJournal.com
may immediately deactivate or delete your LiveJournal.com
journal and all related information and files.
LiveJournal.com reserves the right to bar any further access
to such files or the Service. You agree that LiveJournal.com
shall not be liable to you or any third-party for any
termination of your access to the Service. Paid accounts
that are terminated will not be refunded.
- ADVERTISEMENTS AND PROMOTIONS
LiveJournal.com
has decided to remove all banner advertisements and
promotions on LiveJournal.com journals. However,
LiveJournal.com reserves the right to run advertisements and
promotions on the LiveJournal.com service in the future. By
using LiveJournal.com, you agree that LiveJournal.com has
the right to run such advertisements and promotions with or
without prior notice, and without recompense to you or any
other user. The manner, mode and extent of advertising by
LiveJournal.com on your journal are subject to change. You
agree that LiveJournal.com shall not be responsible or
liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence
of such advertisers on the Service.
- LINKS
The Service, or relevant third parties,
may provide links to other World Wide Web sites or
resources. Because LiveJournal.com has no control over such
sites and resources, you acknowledge and agree that
LiveJournal.com is not responsible for the availability of
such external sites or resources, and does not endorse and
is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that
LiveJournal.com shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any
such site or resource.
- LIVEJOURNAL.COM PROPRIETARY RIGHTS
You must
acknowledge and agree that the Service, and any necessary
software used in connection with the Service (referred to as
"Software"), may contain proprietary and confidential
information that is protected by applicable laws governing
intellectual property, proprietary rights and the like. All
LiveJournal code and specifications are subject to their
said or implied licenses. Such code may not be used with
malicious intent to find security vulnerabilities.
- JOURNAL CONTENT
Guidelines for posting to your
online journal shall be as follows:
- All Content posted to LiveJournal.com in any way, is
the responsibility and property of the author. LiveJournal
is committed to keeping the Service in decent standing for
all audiences but is not responsible for the monitoring or
filtering of any journal Content. Within the confines of
international and local law, LiveJournal.com will not
place a limit on the type, or appropriateness of user
content within journals. Those users posting material not
suitable for all audiences must agree that they are fully
responsible for all the content they have posted anywhere
on the service. Should content be deemed illegal by such
law having jurisdiction over the user, LiveJournal.com is
committed to submitting all necessary information to the
proper authorities;
- Should any Content be reported to LiveJournal.com as
being offensive or inappropriate, LiveJournal.com might
call upon the author to retract, modify, or protect (by
means of private and friends only settings) the Content in
question within a reasonable amount of time, as set forth
by the LiveJournal.com staff. Should the author fail to
meet such a request from LiveJournal.com staff,
LiveJournal.com has the full authority to terminate any
such reported and verified offensive account holding such
inappropriate content. LiveJournal.com, however, is under
no obligation to restrict or monitor journal Content in
any way;
- LiveJournal.com claims no ownership or control over
any Content posted by its users. The author retains all
patent, trademark, and copyright to all Content posted
within available fields, and is responsible for protecting
those rights, but is not entitled to the help of the
LiveJournal.com staff in protecting such Content;
- LiveJournal.com reserves the right, without limitation
except by law, to serve user Content on the web according
to the security provisions set forth by the author.
LiveJournal.com also reserves the right, without
limitation, to resell any portion of a user’s LiveJournal
back to that individual;
- You acknowledge that LiveJournal.com does not
pre-screen Content, but that LiveJournal.com and its
designates shall have the right (but not the obligation)
on their sole discretion to refuse or remove any Content
that is available through the Service. Without limiting
the foregoing, LiveJournal.com and its designates shall
have the right to remove any content that violates the TOS
or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of
any content, including any reliance on the accuracy,
completeness, or usefulness of such content. Furthermore,
LiveJournal.com reserves the right to limit access to your
journal, if found in violation of the TOS, by removing the
journal and related user information from the member
directory, search engine, and all other methods used in
conjunction with finding LiveJournal’s and users.
- MEMBER CONDUCT
You understand that all
information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials,
whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content
originated. LiveJournal.com does not control Content posted
via the Service and, as such, does not guarantee the
validity of such Content. You also understand that by using
the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Should Content be
found or reported to be in violation with, but not limited
to, the following terms, it will be LiveJournal.com’s sole
discretion as to what action should be taken.
You agree to NOT use the Service to:
- Upload, post or otherwise transmit any content that is
in LiveJournal.com’s opinion to be unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive to another’s privacy
(up to, but not excluding any address, email, phone
number, or any other contact information with out the
written consent of the owner of such information),
hateful, or racially, ethnically or otherwise
objectionable;
- Harm minors in any way, as seen by LiveJournal.com or
applicable law;
- Impersonate any person or entity, including, but not
limited to, a LiveJournal.com staff member or volunteer,
or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted
through the Service;
- Upload, post or otherwise transmit any content that
you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside
information, proprietary and confidential information
learned or disclosed as part of employment relationships
or under nondisclosure agreements);
- Upload, post or otherwise transmit any content that
infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
- Upload, post or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation;
- Upload, post or otherwise transmit any material that
contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
- Interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service;
- Intentionally or unintentionally violate any
applicable local, state, national or international law,
including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of
any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
- "Stalk" or otherwise harass another person or company;
- Collect or store personal data about other users for
business purposes;
- Promote or provide instructional information about
illegal activities, promote physical harm or injury
against any group or individual, or promote any act of
cruelty to animals. This may include, but is not limited
to, providing instructions on how to assemble bombs,
grenades and other weapons or incendiary devices;
- Use LiveJournal.com as a forwarding service to another
website;
- Allow usage by others in such a way as to violate
LiveJournal.com’s TOS;
- Engage in commercial activities within LiveJournal or
on behalf of LiveJournal.com without prior approval. This
includes, but is not limited to, the following
activities:
- Displaying a banner that is designed to profit you
or any other business or organization; and
- Displaying banners for services that provide cash or
cash-equivalent prizes to users in exchange for
hyperlinks to their web sites.
If
any user is reported to be in violation with the letter or
spirit of these terms, LiveJournal.com retains the right to
terminate such account at any time without further warning.
- VOLUNTEERS AND LIVEJOURNAL.COM
LiveJournal.com
is a volunteer-run project whose primary intent is to
provide high quality, community driven on-line services. To
achieve this goal, LiveJournal.com volunteers are often
called upon to perform a variety of technical and
non-technical tasks, including, but not limited to,
programming, the creation of web-based content (HTML, BML,
and other formats), graphic design, audio and/or visual
content creation, technical writing, managing electronic
data libraries and/or databases, technical support,
reviewing, categorizing, legal assistance, archiving and/or
forwarding electronic data, providing expert advice,
administration, management, accounting, research, content
creation, promotions, or other assignments, as needed. All
volunteers are expected to be of legal age, or volunteering
with the consent of a legal parent or guardian.
By accepting these Terms of Service, any LiveJournal.com
member agrees that the intellectual content created as a
result of volunteer work for LiveJournal.com constitutes a
work for hire and that all intellectual property rights in
said content shall vest in LiveJournal.com at the time that
it is created to the extent permitted by law. If laws
prevent such vesting, the volunteer makes assignment of all
such rights to LiveJournal.com at the time of creation.
If laws prevent such assignment, the volunteer grants a
perpetual world wide non-revocable license to
LiveJournal.com to use said content. If laws prevent such
licensing, the volunteer agrees never to sue LiveJournal.com
for the use of said content.
The volunteer certifies that any electronic data he/she
submits is his/her work and that to the best of the
volunteer’s knowledge, the electronic data is not claimed by
another. LiveJournal.com will provide sufficient tools,
training and direction to the volunteer as necessary to
accomplish mutual goals. The volunteer agrees to insure that
any work provided is correct, error free and does not
contain any inflammatory language, indecency or obscenities.
Furthermore, if said work is found to be illegally
presented, claimed, or forged, LiveJournal.com will remove
such material and, at LiveJournal.com’s discretion, seek
action against the individual(s) from which the work
originated.
No LiveJournal user is required to become a volunteer to
this service, and users without volunteer status are
guaranteed reasonable support and attention as compared to
those users that are volunteers.
Without the expressed written confirmation to the
contrary, all LiveJournal.com positions are assumed to be
taken without pay or future consideration.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
LIVEJOURNAL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) LIVEJOURNAL.COM MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM LIVEJOURNAL.COM OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT LIVEJOURNAL.COM SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF LIVEJOURNAL.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
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GENERAL INFORMATION
The TOS constitutes the entire agreement between you and LiveJournal.com and governs your use of the Service, superseding any prior agreements between you and LiveJournal.com (including, but not limited to, any prior versions of the TOS). The laws of the State of Washington, U.S.A, shall govern the TOS and the relationship between you and LiveJournal.com. without regard to its conflict of law provisions. You and LiveJournal.com agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington, U.S.A. The failure of LiveJournal.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
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VIOLATIONS
Please report any violations of the TOS to abuse@livejournal.com. Please be as specific as possible when submitting any report. References to specific posts/comments (URLs) are most helpful and will expedite the processing of your report.
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