ljr/ljcom/htdocs/inc/legal-tos

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<ol type='I' class='ljtos'>

<li><strong>ACCEPTANCE OF TERMS</strong>

<p>Danga Interactive, Inc., dba LiveJournal.com, (.LiveJournal.com.)
provides the following service to you, subject to these Terms of Service
("TOS"), which may be updated periodically without notice.</p>

<p>You can review the current version of the TOS at: <a
href="http://www.livejournal.com/legal/tos.bml">http://www.livejournal.com/legal/tos.bml</a>.
Failure to comply with these TOS may result in account revocation.</p>

</li>

<li><strong>DESCRIPTION OF SERVICE</strong>

<p>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 may be used through a web browser or by
the use of downloadable clients ("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.</p>

</li>

<li><strong>ACCOUNT STRUCTURE</strong>

<p>LiveJournal currently has a four-tier account structure.</p>

<ul>

<li><em>Free Accounts:</em> 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.

<li><em>Early Adopter:</em> 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.</li>

<li><em>Paid Accounts:</em> Paid accounts are available
for term-based 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 <a
href="http://www.livejournal.com/paidaccounts/">http://www.livejournal.com/paidaccounts/</a>.
Paid accounts are nontransferable and
non-refundable. Once a username is chosen and paid for, that user generally
retains it until the journal is deleted, whether by LiveJournal.com or the
user.</li>

<li><em>Permanent Accounts:</em> These accounts have access to all
the paid account features for as long as the Service continues to
run, with no recurring fees.  These accounts 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.</li>

</ul>

<p>For a full overview of the features offered to each account type,
see <a href="http://www.livejournal.com/paidaccounts/">http://www.livejournal.com/paidaccounts/</a>. You hereby agree to this
structure, and to LiveJournal.com's right to change, modify, or discontinue
any type of account and/or its respective services.</p>

</li>

<li><strong>YOUR REGISTRATION OBLIGATIONS</strong>

<p>Account registration and verification is required in order to create
a LiveJournal.com 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 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 <a
href="mailto:privacy@livejournal.com">privacy@livejournal.com</a>.  Users
under 13 years of age are required to have a parent or guardian review and
complete the registration process.</p>

</li>

<li><strong>LIVEJOURNAL.COM PRIVACY POLICY</strong>

<p>Your use of the Service is subject to LiveJournal.com's
privacy policy. For information on LiveJournal's privacy
practices, please see the entire privacy policy at <a
href="http://www.livejournal.com/legal/privacy.bml">http://www.livejournal.com/legal/privacy.bml</a>.</p>

</li>

<li><strong>INDEMNITY</strong>

<p>You agree to indemnify and hold LiveJournal.com, 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 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.</p>

</li>

<li><strong>SPECIAL ADMONITIONS FOR INTERNATIONAL USE</strong>

<p>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.</p>

</li>

<li><strong>GENERAL PRACTICES REGARDING USE AND STORAGE</strong>

<p>You acknowledge that LiveJournal.com may establish limits concerning use
of the Service and may modify these limits at any time.</p>

</li>

<li><strong>MODIFICATIONS TO SERVICE</strong>

<p>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.</p>

</li>

<li><strong>NO RESALE OF SERVICE</strong>

<p>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.</p>

</li>

<li><strong>TERMINATION</strong>

<p>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.</p>

</li>

<li><strong>ADVERTISEMENTS AND PROMOTIONS</strong>

<p>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.</p>

</li>

<li><strong>LINKS</strong>

<p>The Service, or relevant third parties, may provide links to other
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.</p>

</li>

<li><strong>JOURNAL CONTENT</strong>

<p>Guidelines for posting to your online journal shall be as follows:</p>

<ol type="1">

<li>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 generally 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;</li>

<li>Should any Content be reported to LiveJournal.com as being offensive
or inappropriate, LiveJournal.com might call upon the poster 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 poster fail to meet such a request from
LiveJournal.com staff, LiveJournal.com has the full authority to terminate
any such reported and verified account holding such inappropriate content.
LiveJournal.com, however, is under no obligation to restrict or monitor
journal Content in any way;</li>

<li>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. The user posting any
Content represents that the poster has all rights necessary to post such
Content (and for LiveJournal to serve such Content) without violation of
any intellectual property or other rights or any laws or regulations;</li>

<li>LiveJournal.com reserves the right, without limitation except by law,
to serve any user Content on the web, through the downloadable clients and
otherwise.  LiveJournal.com also reserves the right, without limitation, to
resell any portion of a user's LiveJournal back to that individual;</li>

<li>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, but not the
obligation, to remove any content that violates the TOS or is otherwise
objectionable, or that infringes or is alleged to infringe intellectual
property rights. 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.com's users.</li>

</ol>

</li>

<li><strong>LIVEJOURNAL.COM PROPRIETARY RIGHTS</strong>

<p>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.</p>

<strong>Submission of Unsolicited Ideas and Information</strong>

<p>LiveJournal.com does not want to receive confidential or proprietary information
from you through this Site or by email. Unless otherwise agreed in writing by an
authorized LiveJournal.com representative, any material, information or idea you
transmit to LiveJournal.com by any means may be disseminated or used by
LiveJournal.com 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 Content (as defined
herein), or to personal information that is subject to our privacy policy.</p>

<strong>Trademarks</strong>

<p>A partial list of U.S. trademarks owned by LiveJournal.com
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.com should be referred to LiveJournal Legal at <a
href="mailto:trademarks@livejournal.com">trademarks@livejournal.com</a>.
Failure of a mark to appear on this page does not mean that LiveJournal.com
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 &reg; are registered trademarks of LiveJournal.com in the United
States; all others are trademarks or common law marks of LiveJournal.com in
the United States.</p>

<ul>
<li>LiveJournal</li>
<li>LiveJournal logo:<br /><img src="/img/tos-logo.png" alt="LiveJournal.com logo" /></li>
</ul>

</li>

<li><strong>MEMBER CONDUCT</strong>

<p>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.</p>

<p>You agree to NOT use the Service to:</p>

<ol type="1">

<li>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;</li>

<li>Harm minors in any way, as seen by LiveJournal.com or applicable
law;</li>

<li>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;</li>

<li>Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;</li>

<li>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);</li>

<li>Upload, post or otherwise transmit any content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of
any party;</li>

<li>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;</li>

<li>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;</li>

<li>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;</li>

<li>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;</li>

<li>"Stalk" or otherwise harass another person or company;</li>

<li>Collect or store personal data about other users for business
purposes;</li>

<li>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;</li>

<li>Use LiveJournal.com as a forwarding service to another website;</li>

<li>Allow usage by others in such a way as to violate LiveJournal.com's
TOS;</li>

<li>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:

<ol type="a">

<li>Displaying a banner that is designed to profit you or any other
business or organization; and</li>

<li>Displaying banners for services that provide cash or cash-equivalent
prizes to users in exchange for hyperlinks to their web sites.</li>

</ol>
</li>
</ol>
</li>

<p>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.</p>

</li>

<li><strong>VOLUNTEERS AND LIVEJOURNAL.COM</strong>

<p>LiveJournal.com appreciates the significant contributions made by
volunteers, who assist LiveJournal.com in its efforts to provide high
quality, community driven online services. To help achieve this goal,
LiveJournal.com 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, 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.</p>

<p>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 intellectual property of LiveJournal.com and
that all 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 irrevocable 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.</p>

<p>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. 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
may 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 will receive reasonable support and
attention as well.  Without the expressed written confirmation to the
contrary, all LiveJournal.com positions are assumed to be taken without pay
or future consideration.</p>

</li>

<li><strong>DISCLAIMER OF WARRANTIES</strong>

<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT:</p>

<p>(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.</p>

<p>(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.</p>

<p>(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 OR OTHER
LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.</p>

<p>(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.</p>

</li>

<li><strong>LIMITATION OF LIABILITY</strong>

<p>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.</p>

</li>

<li><strong>U.S. GOVERNMENT RESTRICTED RIGHTS</strong>

<p>The materials on LiveJournal.com 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.</p>

</li>

<li><strong>GENERAL INFORMATION</strong>

<p>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) and any prior representations by LiveJournal.com. The
laws of the State of California, 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 the county
of San Francisco, California, 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.</p>

</li>

<li><strong>VIOLATIONS</strong>

<p>Instructions on how to report violations of these
Terms of Service may be located at the FAQ "<a
href="http://www.livejournal.com/support/faqbrowse.bml?faqid=105">How do
I contact the Abuse team?</a>" To expedite the processing of your report,
please carefully follow these instructions.</p>

</li>

<li><strong>REVISIONS</strong>

<p>LiveJournal.com may at any time revise these Terms of Service by
updating this posting. By using this Site, you agree to be bound by any
such revisions and should therefore periodically visit this page to
determine the then-current Terms of Service to which you are bound.</p>

</li>

</ol>