Terms of Service

# ACCEPTANCE OF TERMS LiveJournal, Inc., 'dba LiveJournal.com, ("LiveJournal") provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. You can review the current version of the TOS at: http://www.livejournal.com/legal/tos.bml. Failure to comply with these TOS may result in account revocation. # DESCRIPTION OF SERVICE LiveJournal 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, each user receives his or her own journal space to post text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, and video (the "Content"). This Content may reside on LiveJournal's servers or on the servers of a third party. # ACCOUNT STRUCTURE LiveJournal currently has a five-tier account structure. * Basic accounts: LiveJournal accounts are available for free to all valid registrants. Basic 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 some extended features over free account users, but do not receive any new paid features. * Plus accounts: Plus accounts offer access to certain enhanced features and storage. This free level of service is subsidized by advertising viewed by these account holders throughout the Service and by most visitors to their Content. * Paid accounts: Paid accounts are available for term-based fee and offer users most extended and basic features that LiveJournal offers. These accounts are issued in accordance with the terms set forth by http://www.livejournal.com/paidaccounts/ and http://www.livejournal.com/site/accounts.bml. 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 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 founders, administrators, or those that have earned a Permanent account by virtue of "Work Excellence" for LiveJournal. LiveJournal administrative communities such as news, development, etc., 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/. By using the Service, you agree to this structure, and to LiveJournal's right to change, modify, or discontinue any type of account and/or its respective services. # YOUR REGISTRATION OBLIGATIONS Account registration and verification is required in order to create a LiveJournal account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to LiveJournal, you are required to update that information as soon as possible. Should LiveJournal suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that LiveJournal'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, which may include age verification steps in addition to the standard process. # LIVEJOURNAL.COM PRIVACY POLICY Your use of the Service is subject to LiveJournal's privacy policy. For information on LiveJournal's privacy practices, please see the entire privacy policy at http://www.livejournal.com/legal/privacy.bml. # INDEMNITY You agree to indemnify and hold LiveJournal, 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. # SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. # GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that LiveJournal may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that LiveJournal may establish limits concerning use of the Service and may modify these limits at any time. # MODIFICATIONS TO SERVICE LiveJournal reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that LiveJournal shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. # NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service. # TERMINATION You agree that LiveJournal, 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 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's discretion, will be terminated as well. LiveJournal 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 may immediately deactivate or delete your LiveJournal journal and all related information and files. LiveJournal reserves the right to bar any further access to such files or the Service. You agree that LiveJournal shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded. # ADVERTISEMENTS AND PROMOTIONS You understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for LiveJournal to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that LiveJournal has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by LiveJournal on your Content and throughout the Service are subject to change at LiveJournal's discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that LiveJournal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. # LINKS The Service, or relevant third parties, may provide links to other web sites or resources. Because LiveJournal has no control over such sites and resources, you acknowledge and agree that LiveJournal is not responsible for the availability of such external sites or resources, and does not endorse 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 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. # JOURNAL CONTENT You agree to follow the following guidelines for posting Content to your online journal: 1. All Content posted to LiveJournal in any way, is the responsibility and property of the author. LiveJournal is committed to maintaining the Service in a manner reasonably acceptable to all audiences but is not responsible for the monitoring or filtering of any journal Content. Within the confines of international and local law, LiveJournal 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, you agree that LiveJournal may submit all necessary information to, and cooperate with, the proper authorities; 2. Should any Content that you have authored be reported to LiveJournal as being offensive or inappropriate, LiveJournal might call upon you to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as determined by the LiveJournal staff. Should you fail to meet such a request from LiveJournal staff, LiveJournal may terminate your account. LiveJournal, however, is under no obligation to restrict or monitor journal Content in any way; 3. LiveJournal 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 staff in protecting such Content. The user posting any Content represents that it has all rights necessary to post such Content (and for LiveJournal to serve such Content) without violation of any intellectual property or other rights of third parties, or any laws or regulations; 4. LiveJournal reserves the right, without limitation except by law, to serve any user Content on the web, through the downloadable clients and otherwise. LiveJournal also reserves the right, without limitation, to resell any portion of a user's LiveJournal back to that individual; 5. You acknowledge that LiveJournal does not pre-screen Content, but that LiveJournal and its designees shall have the right (but not the obligation) in their sole discretion to remove or refuse to remove any Content that is available through the Service. Without limiting the foregoing, LiveJournal 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 reserves the right to limit access to your journal, if found in violation of the TOS, including without limitation the Member Conduct described below, by removing the journal and related user information from the member directory, search engine, and all other methods used in conjunction with finding LiveJournal's users. # LIVEJOURNAL.COM PROPRIETARY RIGHTS You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All LiveJournal code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by LiveJournal or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, the Service or the Software, in whole or in part. Submission of Unsolicited Ideas and Information LiveJournal 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 representative, any material, information or idea you transmit to LiveJournal by any means may be disseminated or used by LiveJournal or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy. Trademarks A partial list of U.S. trademarks owned by LiveJournal follows. Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of LiveJournal should be referred to LiveJournal Legal at trademarks@livejournal.com. Failure of a mark to appear on this page does not mean that LiveJournal does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Any trademarks followed by ® are registered trademarks of LiveJournal in the United States; all others are trademarks or common law marks of LiveJournal in the United States.