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.

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.

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.

LiveJournal currently has a four-tier account structure.

• 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 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 http://www.livejournal.com/paidaccounts/. 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.
• Permanent Accounts: 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.

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 discontinue any type of account and/or its respective services.

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 privacy@livejournal.com. Users under 13 years of age are required to have a parent or guardian review and complete the registration process.

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 http://www.livejournal.com/legal/privacy.bml.

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.

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.

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

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.

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.

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.

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.

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.

Guidelines for posting to your online journal shall be as follows:

1. 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;
2. 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;
3. 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;
4. 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;
5. 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.

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.

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.

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 trademarks@livejournal.com. 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 ® 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.

• LiveJournal
• LiveJournal logo:
  

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:

1. 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;
2. Harm minors in any way, as seen by LiveJournal.com or applicable law;
3. 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;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. 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);
6. Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. 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;
8. 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;
9. 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;
10. 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;
11. "Stalk" or otherwise harass another person or company;
12. Collect or store personal data about other users for business purposes;
13. 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;
14. Use LiveJournal.com as a forwarding service to another website;
15. Allow usage by others in such a way as to violate LiveJournal.com's TOS;
16. 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:
    1. Displaying a banner that is designed to profit you or any other business or organization; and
    2. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.

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.

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.

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.

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 OR OTHER LIABILITYTHAT 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.

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.

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.

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.

Instructions on how to report violations of these Terms of Service may be located at the FAQ "How do I contact the Abuse team?" To expedite the processing of your report, please carefully follow these instructions.

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.