554 lines
26 KiB
Plaintext
554 lines
26 KiB
Plaintext
<!-- $Revision: 1.5 $ -->
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<ol type='I' class='ljtos'>
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<li><strong>ACCEPTANCE OF TERMS</strong>
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<p>Danga Interactive, Inc., dba LiveJournal.com, (.LiveJournal.com.)
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provides the following service to you, subject to these Terms of Service
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("TOS"), which may be updated periodically without notice.</p>
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<p>You can review the current version of the TOS at: <a
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href="http://www.livejournal.com/legal/tos.bml">http://www.livejournal.com/legal/tos.bml</a>.
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Failure to comply with these TOS may result in account revocation.</p>
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</li>
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<li><strong>DESCRIPTION OF SERVICE</strong>
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<p>LiveJournal.com is a web-based service that allows its users to create
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and update online journals (herein referred to as "LiveJournal", or
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"the Service"). The Service may be used through a web browser or by
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the use of downloadable clients ("the Software"). Once registered with
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LiveJournal.com, each user receives his or her own journal space to post
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text, data, messages, or information concerning or linked to software,
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music, sound, photography, graphics, and video ("the Content"). This
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Content may reside on LiveJournal's servers or on the servers of a third
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party.</p>
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</li>
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<li><strong>ACCOUNT STRUCTURE</strong>
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<p>LiveJournal currently has a four-tier account structure.</p>
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<ul>
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<li><em>Free Accounts:</em> LiveJournal.com accounts are available for free
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to all valid registrants. Free accounts offer a limited number of features
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in relation to the other accounts offered.
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<li><em>Early Adopter:</em> No longer open to new users, this account
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was created and made available to users registered before September 14,
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2000. Early Adopters are offered extended features over free account users,
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but do not receive any new pay features.</li>
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<li><em>Paid Accounts:</em> Paid accounts are available
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for term-based fee and offer users all extended and basic
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features that LiveJournal.com offers. These accounts
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are issued in accordance with the terms set forth by <a
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href="http://www.livejournal.com/paidaccounts/">http://www.livejournal.com/paidaccounts/</a>.
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Paid accounts are nontransferable and
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non-refundable. Once a username is chosen and paid for, that user generally
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retains it until the journal is deleted, whether by LiveJournal.com or the
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user.</li>
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<li><em>Permanent Accounts:</em> These accounts have access to all
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the paid account features for as long as the Service continues to
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run, with no recurring fees. These accounts are generally bestowed
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upon the LiveJournal.com founders, administrators, or those that
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have earned a Permanent Account by virtue of "Work Excellence" for
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LiveJournal.com. LiveJournal administrative communities such as news,
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development, et al. are also established as Permanent Accounts for the
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benefit of LiveJournal users.</li>
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</ul>
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<p>For a full overview of the features offered to each account type,
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see <a href="http://www.livejournal.com/paidaccounts/">http://www.livejournal.com/paidaccounts/</a>. You hereby agree to this
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structure, and to LiveJournal.com's right to change, modify, or discontinue
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any type of account and/or its respective services.</p>
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</li>
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<li><strong>YOUR REGISTRATION OBLIGATIONS</strong>
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<p>Account registration and verification is required in order to create
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a LiveJournal.com account. During registration, all users are required
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to provide accurate, complete and current information about themselves
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in all required fields. Should any of your own information change after
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submitting it to LiveJournal, you are hereby required to update that
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information as soon as possible. Should LiveJournal.com suspect that
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your personal information is not complete, current, or accurate, your
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account may be subject to suspension or termination. Should you feel that
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LiveJournal.com's privacy policy is not sufficient for you to complete
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the registration form truthfully, please email your policy concerns to <a
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href="mailto:privacy@livejournal.com">privacy@livejournal.com</a>. Users
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under 13 years of age are required to have a parent or guardian review and
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complete the registration process.</p>
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</li>
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<li><strong>LIVEJOURNAL.COM PRIVACY POLICY</strong>
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<p>Your use of the Service is subject to LiveJournal.com's
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privacy policy. For information on LiveJournal's privacy
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practices, please see the entire privacy policy at <a
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href="http://www.livejournal.com/legal/privacy.bml">http://www.livejournal.com/legal/privacy.bml</a>.</p>
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</li>
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<li><strong>INDEMNITY</strong>
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<p>You agree to indemnify and hold LiveJournal.com, and its subsidiaries,
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affiliates, officers, agents, co-branders or other partners, and employees,
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harmless from any alleged claim or demand, including reasonable attorney
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fees, made by any third party due to or arising out of your Content,
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your use of the Service, your connection to the Service, your violation
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of the TOS, or your violation of any rights of another, whether you are
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a registered user or not. The user is solely responsible for his or her
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actions when using the Service, including, but not limited to, costs
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incurred for Internet access.</p>
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</li>
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<li><strong>SPECIAL ADMONITIONS FOR INTERNATIONAL USE</strong>
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<p>Recognizing the global nature of the Internet, you agree to
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comply with all local rules regarding online conduct and acceptable
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Content. Specifically, you agree to comply with all applicable laws
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regarding the transmission of technical data exported from the United
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States or the country in which you reside.</p>
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</li>
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<li><strong>GENERAL PRACTICES REGARDING USE AND STORAGE</strong>
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<p>You acknowledge that LiveJournal.com may establish limits concerning use
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of the Service and may modify these limits at any time.</p>
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</li>
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<li><strong>MODIFICATIONS TO SERVICE</strong>
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<p>LiveJournal.com reserves the right to modify or discontinue, temporarily
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or permanently, the Service (or any part thereof) with or without notice at
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any time. You agree that LiveJournal.com shall not be liable to you or to
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any third party for any modification, suspension or discontinuance of the
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Service.</p>
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</li>
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<li><strong>NO RESALE OF SERVICE</strong>
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<p>You agree not to reproduce, duplicate, copy, sell, resell or exploit any
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portion of the Service, use of the Service, or access to the Service.</p>
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</li>
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<li><strong>TERMINATION</strong>
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<p>You agree that LiveJournal.com, in its sole discretion, may terminate
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your password, journal, or account, and remove and discard any content
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within the Service, for any reason, including and without limitation, the
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lack of use, or if LiveJournal.com believes that you have violated or
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acted inconsistently with the letter or spirit of the TOS. Any contracts,
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verbal or written or assumed, in conjunction with your deleted journal
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and all its parts, at LiveJournal.com's discretion, will be terminated as
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well. LiveJournal.com may also in its sole discretion and at any time,
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discontinue providing the Service, or any part thereof, with or without
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notice. You agree that any termination of your access to the Service
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under any provision of this TOS may be effected without prior notice, and
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acknowledge and agree that LiveJournal.com may immediately deactivate
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or delete your LiveJournal.com journal and all related information and
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files. LiveJournal.com reserves the right to bar any further access to
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such files or the Service. You agree that LiveJournal.com shall not be
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liable to you or any third-party for any termination of your access to the
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Service. Paid accounts that are terminated will not be refunded.</p>
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</li>
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<li><strong>ADVERTISEMENTS AND PROMOTIONS</strong>
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<p>LiveJournal.com has decided to remove all banner advertisements and
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promotions on LiveJournal.com journals. However, LiveJournal.com reserves
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the right to run advertisements and promotions on the LiveJournal.com
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service in the future. By using LiveJournal.com, you agree that
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LiveJournal.com has the right to run such advertisements and promotions
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with or without prior notice, and without recompense to you or any other
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user. The manner, mode and extent of advertising by LiveJournal.com on your
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journal are subject to change. You agree that LiveJournal.com shall not
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be responsible or liable for any loss or damage of any sort incurred as
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the result of any such dealings or as the result of the presence of such
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advertisers on the Service.</p>
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</li>
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<li><strong>LINKS</strong>
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<p>The Service, or relevant third parties, may provide links to other
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web sites or resources. Because LiveJournal.com has no control over such
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sites and resources, you acknowledge and agree that LiveJournal.com is
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not responsible for the availability of such external sites or resources,
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and does not endorse and is not responsible or liable for any content,
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advertising, products, or other materials on or available from such sites
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or resources. You further acknowledge and agree that LiveJournal.com shall
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not be responsible or liable, directly or indirectly, for any damage or
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loss caused or alleged to be caused by or in connection with use of or
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reliance on any such content, goods or services available on or through any
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such site or resource.</p>
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</li>
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<li><strong>JOURNAL CONTENT</strong>
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<p>Guidelines for posting to your online journal shall be as follows:</p>
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<ol type="1">
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<li>All Content posted to LiveJournal.com in any way, is the responsibility
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and property of the author. LiveJournal is committed to keeping the
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Service in decent standing for all audiences but is not responsible for
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the monitoring or filtering of any journal Content. Within the confines
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of international and local law, LiveJournal.com will generally not
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place a limit on the type, or appropriateness of user content within
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journals. Those users posting material not suitable for all audiences
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must agree that they are fully responsible for all the content they have
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posted anywhere on the service. Should content be deemed illegal by such
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law having jurisdiction over the user, LiveJournal.com is committed to
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submitting all necessary information to the proper authorities;</li>
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<li>Should any Content be reported to LiveJournal.com as being offensive
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or inappropriate, LiveJournal.com might call upon the poster to retract,
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modify, or protect (by means of private and friends only settings) the
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Content in question within a reasonable amount of time, as set forth by the
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LiveJournal.com staff. Should the poster fail to meet such a request from
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LiveJournal.com staff, LiveJournal.com has the full authority to terminate
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any such reported and verified account holding such inappropriate content.
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LiveJournal.com, however, is under no obligation to restrict or monitor
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journal Content in any way;</li>
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<li>LiveJournal.com claims no ownership or control over any Content
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posted by its users. The author retains all patent, trademark, and
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copyright to all Content posted within available fields, and is responsible
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for protecting those rights, but is not entitled to the help of the
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LiveJournal.com staff in protecting such Content. The user posting any
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Content represents that the poster has all rights necessary to post such
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Content (and for LiveJournal to serve such Content) without violation of
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any intellectual property or other rights or any laws or regulations;</li>
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<li>LiveJournal.com reserves the right, without limitation except by law,
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to serve any user Content on the web, through the downloadable clients and
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otherwise. LiveJournal.com also reserves the right, without limitation, to
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resell any portion of a user's LiveJournal back to that individual;</li>
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<li>You acknowledge that LiveJournal.com does not pre-screen Content, but
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that LiveJournal.com and its designates shall have the right (but not
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the obligation) on their sole discretion to refuse or remove any Content
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that is available through the Service. Without limiting the foregoing,
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LiveJournal.com and its designates shall have the right, but not the
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obligation, to remove any content that violates the TOS or is otherwise
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objectionable, or that infringes or is alleged to infringe intellectual
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property rights. You agree that you must evaluate, and bear all risks
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associated with, the use of any content, including any reliance on the
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accuracy, completeness, or usefulness of such content. Furthermore,
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LiveJournal.com reserves the right to limit access to your journal, if
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found in violation of the TOS, by removing the journal and related user
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information from the member directory, search engine, and all other methods
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used in conjunction with finding LiveJournal.com's users.</li>
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</ol>
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</li>
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<li><strong>LIVEJOURNAL.COM PROPRIETARY RIGHTS</strong>
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<p>You acknowledge and agree that the Service, and any necessary software used in
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connection with the Service (referred to as "Software"), may contain proprietary and
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confidential information that is protected by applicable laws governing intellectual
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property, proprietary rights and the like. All LiveJournal code and specifications, and
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all other code and specifications for the Software and the operation of the Service, are
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subject to their express or implied licenses.</p>
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<strong>Submission of Unsolicited Ideas and Information</strong>
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<p>LiveJournal.com does not want to receive confidential or proprietary information
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from you through this Site or by email. Unless otherwise agreed in writing by an
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authorized LiveJournal.com representative, any material, information or idea you
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transmit to LiveJournal.com by any means may be disseminated or used by
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LiveJournal.com or its affiliates without compensation or liability to you for any
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purpose whatsoever, including, but not limited to, developing, manufacturing and
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marketing products. However, this provision does not apply to Content (as defined
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herein), or to personal information that is subject to our privacy policy.</p>
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<strong>Trademarks</strong>
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<p>A partial list of U.S. trademarks owned by LiveJournal.com
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follows. Any questions concerning the use of these trademarks or
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whether a trademark that does not appear on this list is a trademark
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of LiveJournal.com should be referred to LiveJournal Legal at <a
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href="mailto:trademarks@livejournal.com">trademarks@livejournal.com</a>.
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Failure of a mark to appear on this page does not mean that LiveJournal.com
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does not use the mark nor does it mean that the product is not actively
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marketed or is not significant within its relevant market. Any trademarks
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followed by ® are registered trademarks of LiveJournal.com in the United
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States; all others are trademarks or common law marks of LiveJournal.com in
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the United States.</p>
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<ul>
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<li>LiveJournal</li>
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<li>LiveJournal logo:<br /><img src="/img/tos-logo.png" alt="LiveJournal.com logo" /></li>
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</ul>
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</li>
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<li><strong>MEMBER CONDUCT</strong>
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<p>You understand that all information, data, text, software, music,
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sound, photographs, graphics, video, messages or other materials, whether
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publicly posted or privately transmitted, are the sole responsibility of
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the person from which such Content originated. LiveJournal.com does not
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control Content posted via the Service and, as such, does not guarantee
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the validity of such Content. You also understand that by using the
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Service, you may be exposed to Content that is offensive, indecent or
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objectionable. Should Content be found or reported to be in violation with,
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but not limited to, the following terms, it will be LiveJournal.com's sole
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discretion as to what action should be taken.</p>
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<p>You agree to NOT use the Service to:</p>
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<ol type="1">
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<li>Upload, post or otherwise transmit any content that is in
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LiveJournal.com's opinion to be unlawful, harmful, threatening, abusive,
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harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to
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another's privacy (up to, but not excluding any address, email, phone
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number, or any other contact information with out the written consent
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of the owner of such information), hateful, or racially, ethnically or
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otherwise objectionable;</li>
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<li>Harm minors in any way, as seen by LiveJournal.com or applicable
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law;</li>
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<li>Impersonate any person or entity, including, but not limited to, a
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LiveJournal.com staff member or volunteer, or falsely state or otherwise
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misrepresent your affiliation with a person or entity;</li>
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<li>Forge headers or otherwise manipulate identifiers in order to disguise
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the origin of any Content transmitted through the Service;</li>
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<li>Upload, post or otherwise transmit any content that you do not have
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a right to transmit under any law or under contractual or fiduciary
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relationships (such as inside information, proprietary and confidential
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information learned or disclosed as part of employment relationships or
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under nondisclosure agreements);</li>
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<li>Upload, post or otherwise transmit any content that infringes any
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patent, trademark, trade secret, copyright or other proprietary rights of
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any party;</li>
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<li>Upload, post or otherwise transmit any unsolicited or unauthorized
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advertising, promotional materials, "junk mail," "spam," "chain letters,"
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"pyramid schemes," or any other form of solicitation;</li>
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<li>Upload, post or otherwise transmit any material that contains software
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viruses or any other computer code, files or programs designed to
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interrupt, destroy or limit the functionality of any computer software or
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hardware or telecommunications equipment;</li>
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<li>Interfere with or disrupt the Service or servers or networks connected
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to the Service, or disobey any requirements, procedures, policies or
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regulations of networks connected to the Service;</li>
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<li>Intentionally or unintentionally violate any applicable local, state,
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national or international law, including, but not limited to, regulations
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promulgated by the U.S. Securities and Exchange Commission, any rules of
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any national or other securities exchange, including, without limitation,
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the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and
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any regulations having the force of law;</li>
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<li>"Stalk" or otherwise harass another person or company;</li>
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<li>Collect or store personal data about other users for business
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purposes;</li>
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<li>Promote or provide instructional information about illegal activities,
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promote physical harm or injury against any group or individual, or promote
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any act of cruelty to animals. This may include, but is not limited to,
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providing instructions on how to assemble bombs, grenades and other weapons
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or incendiary devices;</li>
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<li>Use LiveJournal.com as a forwarding service to another website;</li>
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<li>Allow usage by others in such a way as to violate LiveJournal.com's
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TOS;</li>
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<li>Engage in commercial activities within LiveJournal or on behalf of
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LiveJournal.com without prior approval. This includes, but is not limited
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to, the following activities:
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<ol type="a">
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<li>Displaying a banner that is designed to profit you or any other
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business or organization; and</li>
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<li>Displaying banners for services that provide cash or cash-equivalent
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prizes to users in exchange for hyperlinks to their web sites.</li>
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</ol>
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</li>
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</ol>
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</li>
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<p>If any user is reported to be in violation with the letter or spirit of
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these terms, LiveJournal.com retains the right to terminate such account at
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any time without further warning.</p>
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</li>
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<li><strong>VOLUNTEERS AND LIVEJOURNAL.COM</strong>
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<p>LiveJournal.com appreciates the significant contributions made by
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volunteers, who assist LiveJournal.com in its efforts to provide high
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quality, community driven online services. To help achieve this goal,
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LiveJournal.com volunteers perform a variety of technical and non-technical
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tasks, including, but not limited to, programming, the creation of
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web-based content (HTML, BML, and other formats), graphic design, audio
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and/or visual content creation, technical writing, managing electronic data
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libraries and/or databases, technical support, reviewing, categorizing,
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legal assistance, archiving and/or forwarding electronic data, providing
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expert advice, administration, management, accounting, research, content
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creation, promotions, or other assignments, as needed. All volunteers are
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expected to be of legal age, or volunteering with the consent of a legal
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parent or guardian.</p>
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<p>By accepting these Terms of Service, any LiveJournal.com member agrees
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that the intellectual content created as a result of volunteer work for
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LiveJournal.com constitutes intellectual property of LiveJournal.com and
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that all rights in said content shall vest in LiveJournal.com at the
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time that it is created, to the extent permitted by law. If laws prevent
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such vesting, the volunteer makes assignment of all such rights to
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LiveJournal.com at the time of creation. If laws prevent such assignment,
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the volunteer grants a perpetual world wide irrevocable license to
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LiveJournal.com to use said content. If laws prevent such licensing,
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the volunteer agrees never to sue LiveJournal.com for the use of said
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content.</p>
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<p>The volunteer certifies that any electronic data he/she submits is
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his/her work and that to the best of the volunteer's knowledge, the
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electronic data is not claimed by another. The volunteer agrees to insure
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that any work provided is correct, error free and does not contain any
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inflammatory language, indecency or obscenities. Furthermore, if said work
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is found to be illegally presented, claimed, or forged, LiveJournal.com
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may remove such material and, at LiveJournal.com's discretion, seek
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action against the individual(s) from which the work originated. No
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LiveJournal user is required to become a volunteer to this service,
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and users without volunteer status will receive reasonable support and
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attention as well. Without the expressed written confirmation to the
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contrary, all LiveJournal.com positions are assumed to be taken without pay
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or future consideration.</p>
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</li>
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<li><strong>DISCLAIMER OF WARRANTIES</strong>
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<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT:</p>
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<p>(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
|
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PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIVEJOURNAL.COM EXPRESSLY
|
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DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
|
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INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
|
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FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.</p>
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<p>(b) LIVEJOURNAL.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
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YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
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|
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
|
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THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
|
|
SOFTWARE WILL BE CORRECTED.</p>
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<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>
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<p>(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
|
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YOU FROM LIVEJOURNAL.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
|
|
WARRANTY NOT EXPRESSLY STATED IN THE TOS.</p>
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|
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</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>
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