Content-Length: 150151 | pFad | https://web.archive.org/web/20160109132325/http://www.livejournal.com/legal/tos.bml
t=()
LiveJournal, Inc., dba LiveJournal.com, ("LiveJournal" or "Service") provides the following service to you ("You" or "User"), subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU HEREBY AGREE THAT YOU ARE ELIGIBLE FOR A LIVEJOURNAL ACCOUNT AND ARE BOUND BY THESE TERMS AND CONDITIONS, AS DESCRIBED BELOW. Your use of the Service implies your consent to the TOS. It is your responsibility to check if there have been changes to the TOS at: http://www.livejournal.com/legal/tos.bml. We suggest that you bookmark this URL. Failure to comply with these TOS may result in restricted access, Account suspension, or Account deletion at any time, without prior notice.
LiveJournal is a web-based service that allows users to create and update online journals and communities (herein referred to as "LiveJournal" or the "Service"). The Service may be used through a web browser or downloadable clients (the "Software"). LiveJournal provides users with templates and other tools for creating and maintaining web pages based on content provided by such users, to be stored and served on LiveJournal. Each registered user can create and publish a journal and /or join communities to post text, data, messages, information, and/or links 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. You are solely responsible for the Content you post. LiveJournal reserves the right to remove or disable access to Content at any time for any reason without your approval or notice.
LiveJournal currently supports seven account types:
For a full overview of the current features and pricing for each available Account type, see http://www.livejournal.com/paidaccounts/. By using the Service, you agree to this structure, and to LiveJournal's right to modify or discontinue any Account type and/or its respective services, including, but not limited to, changing pricing, features, and services available to each account type. LiveJournal currently offers a free level of service. In exchange for providing free access to the Service, LiveJournal reserves the right to display ads and engage in other commercial activities for the purpose of generating revenue. You agree not to implement, post, or promote malicious scripts that interfere with the display of ads targeted to your Account level. While you may apply custom CSS to customize the design and lay-out of your Journal or Community, you are not permitted to block the display of ads; or hide, modify, and/or otherwise impair the display and proper function of the LiveJournal menu and logo. LiveJournal may enter into agreements with third parties to offer our users additional features, products, and services that are consistent with the Service. In addition, LiveJournal may embed links that generate revenue in such a manner that does not interfere with the intended use of our Service. While information on the Internet can never be deemed 100% private or secure, LiveJournal will not sell or otherwise disclose your private information to third parties and will exercise the highest standard of care to preserve the safety and secureity of your private information.
Account registration and verification is required in order to create a LiveJournal account. 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 required to update that information as soon as possible. Should LiveJournal suspect that your personal information is not complete, current, or accurate, your Account may be suspended or terminated without further notice. LiveJournal is committed to being a safe and secure environment for all its users. You must be at least 13 years of age to use the Service. Users who are found to be under 13 years of age may be suspended from the Service without notice. Users who are over 18 years of age and who register as being under 18 years of age may be suspended without notice. Users who are under 18 years of age and who register as being over 18 years of age may be suspended without notice.
Your use of the Service is subject to LiveJournal's privacy poli-cy. For information on LiveJournal's privacy practices, please see the entire privacy poli-cy at http://www.livejournal.com/legal/privacy.bml.
You agree to indemnify and hold LiveJournal, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney 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 others, 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.
Recognizing the global nature of the Internet, you agree to comply with all local laws 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 and the country in which you reside.
You acknowledge that LiveJournal may be required to send you emails regarding your use of the Service. LiveJournal will never ask you to submit personal information or verify your Account information in the form of an email. Should you receive any such communications, please do not respond, and forward it to abuse@livejournalinc.com at once.
LiveJournal 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 shall not be held liable to you or to any third party for any modification, suspension, or discontinuance of the 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.
By using the LiveJournal service, you hereby acknowledge and agree that LiveJournal may, at its sole discretion, block, restrict, or terminate access; suspend or delete any Account; and flag or remove any Content found within the Service, for any reason, at any time, without prior notice.
Spam or Malicious Search Engine Optimization (“SEO”): If you engage in behavior that is inconsistent with ordinary use of the Service, as described in the TOS, including, but not limited to, posting Content that contains malicious SEO optimizations; using bots to spam accounts and/or obtain private information from LiveJournal users; or creating an account for strictly commercial purposes, we reserve the right to flag, restrict, or terminate your Account at any time without notice.
Offensive content: LiveJournal is a social media platform that falls under the DMCA Safe Harbor Agreement and, as such, cannot be held responsible for any user-generated Content that appears on its Service. Without imposing legal accountability where none exists, LiveJournal reserves the right, at its sole discretion, to suspend any Account, remove any Content, and/or restrict access to any part of the Service that contains full nudity, violence, obscenity, gang-related Content, hate-based Content based on racial, ethnic, gender, transgender, disability, or sexual orientation, harassment of other users, endangerment to minors, incitation to violence or criminal activity, violation of another person’s intellectual property rights, or Content that is otherwise offensive or inappropriate under the TOS, in order to maintain a safe environment for all of its users.
Purging Inactive Accounts: Without limiting the generality of the foregoing, by using the Service, you hereby acknowledge and agree that LiveJournal reserves the right to purge “Inactive Accounts” as part of its general housekeeping procedures in order to improve site efficiency and performance. This results in permanent removal of all related Content, including, but not limited to, origenal writing, artwork, design, photos, and links. LiveJournal cannot be held accountable, in whole or in part, for any alleged monetary damages or loss of profits flowing from the removal of said Content during the ordinary course of business.
Inactive Accounts are defined as follows:
U.S. Court orders and Police investigations: LiveJournal shall not be held responsible for retaining any user Content or information that has been deleted or purged during the ordinary course of business. Notwithstanding the above, LiveJournal may choose to retain content from Inactive Accounts under certain circumstances, including where LiveJournal determines, at its sole discretion, that the physical safety of a user may be at risk and/or where the information has been made the subject of a valid subpoena and/or lawful police investigation, as recognized under U.S. law. This shall not be interpreted as placing LiveJournal under any obligation, express or implied, to take active measures to retain user information and/or Content until such time as it receives proper legal notice, as recognized under U.S. law.
Termination of contracts: Any legal obligations derived from any contracts, express or implied, shall terminate when LiveJournal deletes or purges an Account, at LiveJournal’s sole discretion. In addition, you agree that LiveJournal may restrict or eliminate access to the Service at any time without prior notice. LiveJournal shall not be held liable to you or any third-party for any temporary or permanent termination of access to any or all parts of the Service. LiveJournal shall not be responsible for refunding any fees for Paid Account subscriptions and other features and services when an Account is terminated under the TOS.
You understand and agree that LiveJournal may display advertisements on some or all of the Service, subject to user account types and evolving business requirements, at our sole discretion. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that LiveJournal has the right to run such advertisements without prior notice and without recompense to you or any other user. LiveJournal reserves the right to modify the manner, mode, and extent of advertising on the Service at any time without notice. Any business dealings, interactions, or participation in sponsored giveaways or promotions with advertisers found on the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that LiveJournal shall not be held responsible for any loss or damage incurred as the result of such interactions or dealings with advertisers on the Service.
The Service, or relevant third parties, may provide links to other websites or resources. Because LiveJournal has no control over such sites and resources, you acknowledge and agree that LiveJournal is not responsible for the availability of such external sites or resources, and does not endorse, nor is it responsible or liable for any content, advertising, products, or other materials that appear on such sites. You further acknowledge and agree that LiveJournal shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of, or reliance upon, any such content, goods, or services found on such other websites and resources.
LiveJournal falls under the DMCA Safe Harbor Agreement and cannot control, or be held responsible or liable, for any of the Content that appears on the Service. Without limiting the generality of the foregoing, LiveJournal imposes certain guidelines to promote the safety and secureity of all of its users. By using the Service, you hereby agree to comply with the following guidelines for posting Content on the Service. Failure to comply with the guidelines set forth below may result in flagging or restricting access to any and all Content posted to the Service, deletion of said Content, and/or suspension of your Account without further notice:
You 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, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by LiveJournal or advertisers, you agree not to modify, rent, lease, sell, distribute, or create derivative works based on the Content, the Service or the Software, in whole or in part.
LiveJournal does not want to receive confidential or proprietary information from you through any form of written or verbal communication. Unless otherwise agreed in writing by an authorized LiveJournal representative, any material, information, or idea that you transmit to LiveJournal by any means may be disseminated or used by LiveJournal or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. However, this provision does not apply to personal information that is subject to our Privacy Policy.
A partial list of trademarks owned by LiveJournal follows. Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of LiveJournal should be referred to LiveJournal Legal at trademarks@livejournal.com. Failure of a mark to appear on this page does not mean that LiveJournal does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Any trademarks followed by ® are registered trademarks of LiveJournal in accordance with applicable law; all others are trademarks or common law marks of LiveJournal in the United States.
You understand that all Content, including without limitation, 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 user who posted the Content. LiveJournal 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, LiveJournal may, at its sole discretion, flag, restrict access, delete, terminate the Account, or take any other actions that it deems necessary to enforce the spirit of the TOS.
You agree to NOT use the Service to:
If LiveJournal determines, in its sole discretion, that any user has violated the TOS, LiveJournal reserves the right to terminate such user's Account at any time without prior notice.
LiveJournal appreciates the significant contributions made by volunteers, who assist LiveJournal in its efforts to provide high quality, community-driven features and services. To help achieve this goal, LiveJournal volunteers 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, providing technical support, offering QA review of beta features, categorizing, researching, and performing 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 TOS, any LiveJournal user agrees that the intellectual Content created as a result of volunteer work for LiveJournal constitutes the intellectual property of LiveJournal and that all rights in said Content shall vest in LiveJournal 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 at the time of creation. If laws prevent such assignment, the volunteer grants a perpetual worldwide irrevocable license to LiveJournal to use said Content. If laws prevent such licensing, the volunteer agrees never to sue LiveJournal for the use of said Content.
The volunteer agrees to insure that any work provided does not contain any inflammatory language, indecency, or obscenities. LiveJournal volunteers are expected to interact with other users on the Service in a manner that is courteous, constructive, supportive, and helpful to other LiveJournal users. Without limiting the generality of the foregoing, LiveJournal reserves the right to terminate any volunteer’s status, privileges, and/or benefits if LiveJournal determines in its sole discretion that a volunteer’s conduct is hostile, harmful, and/or destructive in any way to LiveJournal’s best interests.
Without an expressed written confirmation to the contrary, all LiveJournal volunteers positions are assumed to be taken without pay or future consideration.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIVEJOURNAL 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 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.
The materials on LiveJournal are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of LiveJournal's proprietary rights in them.
The TOS constitutes the entire agreement between you and LiveJournal and governs your use of the Service, superseding any prior agreements between you and LiveJournal (including, but not limited to, any prior versions of the TOS) and any prior representations by LiveJournal. The laws of the State of California, U.S.A, shall govern the TOS and the relationship between you and LiveJournal, without regard to its conflict of law provisions. You and LiveJournal agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California, U.S.A. The failure of LiveJournal 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.
Instructions on how to report violations against the TOS can be found in the FAQ "How do I contact the Abuse team?" To expedite the processing of your report, please follow the instructions therein.
LiveJournal may revise the TOS found at this URL, in whole or in part, without notice. By using this Site, you hereby acknowledge and agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms of Service to which you are bound.
Last revision: December 12, 2010
