Terms of Service

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.

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.

LiveJournal currently has a six-tier account structure.

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.

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.

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.

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.

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 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.

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.

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, 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.

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.

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.

You agree to follow the following guidelines for posting Content to your online journal:

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.

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.

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.

LiveJournal LiveJournal logo:

You understand that all Content, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. LiveJournal does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be LiveJournal's sole discretion as to what action should be taken.

You agree to NOT use the Service to:

If LiveJournal determines, in its sole and absolute discretion, that any user is in violation of the TOS, LiveJournal retains the right to terminate such user's account at any time without prior notice.

LiveJournal appreciates the significant contributions made by volunteers, who assist LiveJournal in its efforts to provide high quality, community driven online services. To help achieve this goal, LiveJournal volunteers perform a variety of technical and non-technical tasks, including, but not limited to, programming, the creation of web-based content (HTML, BML, and other formats), graphic design, audio and/or visual content creation, technical writing, 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 TOS, any LiveJournal member agrees that the intellectual Content created as a result of volunteer work for LiveJournal constitutes intellectual property of LiveJournal and that all rights in said Content shall vest in LiveJournal at the time that it is created, to the extent permitted by law. If laws prevent such vesting, the volunteer makes assignment of all such rights to LiveJournal at the time of creation. If laws prevent such assignment, the volunteer grants a perpetual world wide irrevocable license to LiveJournal to use said Content. If laws prevent such licensing, the volunteer agrees never to sue LiveJournal for the use of said Content.

The volunteer 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 may remove such material and, at LiveJournal'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 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 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 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 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIVEJOURNAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

The materials on LiveJournal are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of LiveJournal's proprietary rights in them.

The TOS constitutes the entire agreement between you and LiveJournal and governs your use of the Service, superseding any prior agreements between you and LiveJournal (including, but not limited to, any prior versions of the TOS) and any prior representations by LiveJournal. The laws of the State of California, U.S.A, shall govern the TOS and the relationship between you and LiveJournal, without regard to its conflict of law provisions. You and LiveJournal agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California, U.S.A. The failure of LiveJournal to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

Instructions on how to report violations 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 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.