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Terms of Service

  1. ACCEPTANCE OF TERMS

    LiveJournal, Inc., dba LiveJournal.com, ("LiveJournal" or "Service") provides the following service to you ("You" or "User"), subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice.

    BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU HEREBY AGREE THAT YOU ARE ELIGIBLE FOR A LIVEJOURNAL ACCOUNT AND ARE BOUND BY THESE TERMS AND CONDITIONS, AS DESCRIBED BELOW. Your use of the Service implies your consent to the TOS. It is your responsibility to check if there have been changes to the TOS at: http://www.livejournal.com/legal/tos.bml. We suggest that you bookmark this URL. Failure to comply with these TOS may result in restricted access, Account suspension, or Account deletion at any time, without prior notice.

  2. DESCRIPTION OF SERVICE

    LiveJournal is a web-based service that allows users to create and update online journals and communities (herein referred to as "LiveJournal" or the "Service"). The Service may be used through a web browser or downloadable clients (the "Software"). LiveJournal provides users with templates and other tools for creating and maintaining web pages based on content provided by such users, to be stored and served on LiveJournal. Each registered user can create and publish a journal and /or join communities to post text, data, messages, information, and/or links 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. You are solely responsible for the Content you post. LiveJournal reserves the right to remove or disable access to Content at any time for any reason without your approval or notice.

    LiveJournal currently supports seven account types:

    1. Plus Accounts: Currently available to all users. Plus Accounts provide free access to certain enhanced features and storage. LiveJournal reserves the right to display ads and engage in other commercial activities on Plus Accounts.
    2. Basic accounts: Currently available to all users. Basic Accounts provide free access to a limited number of features. LiveJournal reserves the right to display ads and engage in other commercial activities on Basic Accounts.
    3. Paid accounts: Currently available to all users. Paid Accounts are available for a term-based fee (e.g., based on a monthly, quarterly, and/or annual subscription) and offer users an extended package of enhanced features and services. LiveJournal will not display ads on Paid Accounts. Paid Accounts are non-transferable and non-refundable.
    4. Permanent accounts: No longer available to new users. Permanent Accounts have access to current Paid Account features without recurring subscription fees.
    5. Sponsored accounts: Currently available to approved sponsors. Sponsored Accounts offer free access to the majority of enhanced features and services available to Paid Accounts as part of an approved advertising campaign.
    6. Early Adopter: No longer available to new users. This Account was available to users who registered before September 14, 2000. Early Adopters do not receive new Paid Account features.
    7. Third Party Login: Users who access the Service using OpenID, Facebook Connect, or another third party service have free limited access to the Service and are bound by these TOS.

    For a full overview of the current features and pricing for each available Account type, see http://www.livejournal.com/paidaccounts/. By using the Service, you agree to this structure, and to LiveJournal's right to modify or discontinue any Account type and/or its respective services, including, but not limited to, changing pricing, features, and services available to each account type. LiveJournal currently offers a free level of service. In exchange for providing free access to the Service, LiveJournal reserves the right to display ads and engage in other commercial activities for the purpose of generating revenue. You agree not to implement, post, or promote malicious scripts that interfere with the display of ads targeted to your Account level. While you may apply custom CSS to customize the design and lay-out of your Journal or Community, you are not permitted to block the display of ads; or hide, modify, and/or otherwise impair the display and proper function of the LiveJournal menu and logo. LiveJournal may enter into agreements with third parties to offer our users additional features, products, and services that are consistent with the Service. In addition, LiveJournal may embed links that generate revenue in such a manner that does not interfere with the intended use of our Service. While information on the Internet can never be deemed 100% private or secure, LiveJournal will not sell or otherwise disclose your private information to third parties and will exercise the highest standard of care to preserve the safety and security of your private information.

  3. 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 suspended or terminated without further notice. LiveJournal is committed to being a safe and secure environment for all its users. You must be at least 13 years of age to use the Service. Users who are found to be under 13 years of age may be suspended from the Service without notice. Users who are over 18 years of age and who register as being under 18 years of age may be suspended without notice. Users who are under 18 years of age and who register as being over 18 years of age may be suspended without notice.

  4. 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.

  5. 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 others, 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.

  6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

    Recognizing the global nature of the Internet, you agree to comply with all local laws 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 and the country in which you reside.

  7. GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that LiveJournal may be required to send you emails regarding your use of the Service. LiveJournal will never ask you to submit personal information or verify your Account information in the form of an email. Should you receive any such communications, please do not respond, and forward it to abuse@livejournalinc.com at once.

  8. 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 held liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

  9. 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.

  10. TERMINATION

    By using the LiveJournal service, you hereby acknowledge and agree that LiveJournal may, at its sole discretion, block, restrict, or terminate access; suspend or delete any Account; and flag or remove any Content found within the Service, for any reason, at any time, without prior notice.

    Spam or Malicious Search Engine Optimization (“SEO”): If you engage in behavior that is inconsistent with ordinary use of the Service, as described in the TOS, including, but not limited to, posting Content that contains malicious SEO optimizations; using bots to spam accounts and/or obtain private information from LiveJournal users; or creating an account for strictly commercial purposes, we reserve the right to flag, restrict, or terminate your Account at any time without notice.

    Offensive content: LiveJournal is a social media platform that falls under the DMCA Safe Harbor Agreement and, as such, cannot be held responsible for any user-generated Content that appears on its Service. Without imposing legal accountability where none exists, LiveJournal reserves the right, at its sole discretion, to suspend any Account, remove any Content, and/or restrict access to any part of the Service that contains full nudity, violence, obscenity, gang-related Content, hate-based Content based on racial, ethnic, gender, transgender, disability, or sexual orientation, harassment of other users, endangerment to minors, incitation to violence or criminal activity, violation of another person’s intellectual property rights, or Content that is otherwise offensive or inappropriate under the TOS, in order to maintain a safe environment for all of its users.

    Purging Inactive Accounts: Without limiting the generality of the foregoing, by using the Service, you hereby acknowledge and agree that LiveJournal reserves the right to purge “Inactive Accounts” as part of its general housekeeping procedures in order to improve site efficiency and performance. This results in permanent removal of all related Content, including, but not limited to, original writing, artwork, design, photos, and links. LiveJournal cannot be held accountable, in whole or in part, for any alleged monetary damages or loss of profits flowing from the removal of said Content during the ordinary course of business.

    Inactive Accounts are defined as follows:

    1. The user has deleted the Account.
    2. The Account has been suspended for a minimum of six months due to violation of the TOS described herein.

    U.S. Court orders and Police investigations: LiveJournal shall not be held responsible for retaining any user Content or information that has been deleted or purged during the ordinary course of business. Notwithstanding the above, LiveJournal may choose to retain content from Inactive Accounts under certain circumstances, including where LiveJournal determines, at its sole discretion, that the physical safety of a user may be at risk and/or where the information has been made the subject of a valid subpoena and/or lawful police investigation, as recognized under U.S. law. This shall not be interpreted as placing LiveJournal under any obligation, express or implied, to take active measures to retain user information and/or Content until such time as it receives proper legal notice, as recognized under U.S. law.

    Termination of contracts: Any legal obligations derived from any contracts, express or implied, shall terminate when LiveJournal deletes or purges an Account, at LiveJournal’s sole discretion. In addition, you agree that LiveJournal may restrict or eliminate access to the Service at any time without prior notice. LiveJournal shall not be held liable to you or any third-party for any temporary or permanent termination of access to any or all parts of the Service. LiveJournal shall not be responsible for refunding any fees for Paid Account subscriptions and other features and services when an Account is terminated under the TOS.

  11. ADVERTISEMENTS AND PROMOTIONS

    You understand and agree that LiveJournal may display advertisements on some or all of the Service, subject to user account types and evolving business requirements, at our sole discretion. 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 without prior notice and without recompense to you or any other user. LiveJournal reserves the right to modify the manner, mode, and extent of advertising on the Service at any time without notice. Any business dealings, interactions, or participation in sponsored giveaways or promotions with advertisers found on 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 held responsible for any loss or damage incurred as the result of such interactions or dealings with advertisers on the Service.

  12. LINKS

    The Service, or relevant third parties, may provide links to other websites 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, nor is it responsible or liable for any content, advertising, products, or other materials that appear on such sites. You further acknowledge and agree that LiveJournal shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of, or reliance upon, any such content, goods, or services found on such other websites and resources.

  13. JOURNAL CONTENT

    LiveJournal falls under the DMCA Safe Harbor Agreement and cannot control, or be held responsible or liable, for any of the Content that appears on the Service. Without limiting the generality of the foregoing, LiveJournal imposes certain guidelines to promote the safety and security of all of its users. By using the Service, you hereby agree to comply with the following guidelines for posting Content on the Service. Failure to comply with the guidelines set forth below may result in flagging or restricting access to any and all Content posted to the Service, deletion of said Content, and/or suspension of your Account without further notice:

    • Flagging Adult Content and Accounts: LiveJournal is committed to maintaining the Service in a manner that is reasonably acceptable to all audiences, but cannot be held responsible for the monitoring or filtering of any Content found on the Service. You are fully responsible for all Content you post on the Service and should keep in mind that the lower age limit for use of the Service is 13 years old. You are encouraged under the TOS to flag ALL Content and/or Accounts that contain adult themes and images, including, but not limited to, nudity, sexual acts, crime, violence, and/or illicit subject matter, regardless of artistic merit or newsworthy purpose. You understand and agree that LiveJournal may, at its sole discretion, flag, restrict access or delete said Content at any time without prior notice without assuming liability for any damages or legal claims associated with the posting of said Content on the Service. Should the Content be deemed illegal under U.S. law, you understand and agree that LiveJournal has the right to share your personal information and submit all necessary information to, and cooperate with, the proper U.S. authorities;
    • Offensive and Inappropriate Content: Should any Content that you have posted be reported to LiveJournal as being offensive or inappropriate, LiveJournal has the right to flag, restrict access, or delete said Content at any time without prior notice. In addition, LiveJournal might call upon you to retract, modify, or protect (by means of privacy 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, LiveJournal may flag, restrict access, delete said Content, or terminate your Account at its sole discretion without assuming control, responsibility, or liability for the Content posted on the Service under the terms of the DMCA Safe Harbor Agreement. Should Content be reported to LiveJournal as containing full nudity, violence, obscenity, gang-related Content, hate-based Content based on racial, ethnic, gender, transgender, disability, or sexual orientation, harassment of other users, endangerment to minors, incitation to violence or criminal activity, violation of another person’s intellectual property rights, or Content that is otherwise offensive or inappropriate under the TOS, LiveJournal reserves the right to flag, restrict access, and/or delete said Content and/or suspend your Account at any time without notice;
    • No Control or Liability for User-Generated Content on the Service: LiveJournal claims no ownership or control over any Content posted by its users. The author retains all patent, trademarks, and copyrights to all posted Content, and is fully responsible for protecting said rights. While LiveJournal will comply with all lawful DMCA claims and remove copyright- and/or trademark-protected Content in a timely manner, it is not responsible for policing said rights for its users. By posting Content to LiveJournal, you hereby acknowledge and agree that you have all rights necessary to post such Content (and for LiveJournal to serve such Content) without violation of any laws or regulations, and/or intellectual property or other rights of third parties;
    • Content Delivery and Subscription Fees: LiveJournal reserves the right, without limitation except by law, to serve any user Content on the web, through downloadable clients, mobile platforms, and otherwise;
    • No Liability for Content Accuracy, Reliability, or Legality: You hereby acknowledge that LiveJournal does not pre-screen Content, but that LiveJournal shall have the right (but not the obligation), at its sole discretion, to remove or refuse to remove any Content found on the Service at any time without prior notice. Without limiting the foregoing, LiveJournal 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 upon, intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any Content that appears on the Service, including any reliance on the accuracy, completeness, or usefulness of such Content. Furthermore, LiveJournal reserves the right to limit access to your Account if you are found to be in violation of the TOS, including without limitation the User Conduct described below, by flagging, restricting access or deleting Content, suspending or deleting your Account, and/or removing your information from the user directory, search engine, and all other methods used to identify LiveJournal users at any time without prior notice;
    • No Liability or Implied Warranty for Third Party Products and Services: LiveJournal may enter into agreements with third party web developers and service providers ("Third Parties ") to offer users additional products, services, and applications. Third Parties are legally obligated to comply with our TOS and Privacy Policy and are solely responsible for their content, products, and services. LiveJournal makes no implied or express warranty of usability for Third Party products and services, and shall not be responsible for resolving technical issues or bugs. All issues should be reported directly to Third Party customer support. LiveJournal will not share your personal information with Third Parties, but may provide general demographic data and analytics associated with use of their products and/or services. LiveJournal will make best efforts to ensure that Third Parties comply with our TOS and/or Privacy Policy, but shall not be responsible to you for any losses or damages resulting from failure to comply with LiveJournal’s TOS and Privacy Policy. LiveJournal does not condone or endorse any Content, ads, or services that appear on Third Party web sites and/or affiliate web sites and properties. LiveJournal cannot be held responsible for applications and/or services created by outside parties without our consent.

  14. 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 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, 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 any form of written or verbal communication. Unless otherwise agreed in writing by an authorized LiveJournal representative, any material, information, or idea that 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 personal information that is subject to our Privacy Policy.

    Trademarks

    A partial list of 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 accordance with applicable law; all others are trademarks or common law marks of LiveJournal in the United States.

    • LiveJournal
    • LiveJournal logo:

  15. USER CONDUCT

    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 user who posted the Content. 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, LiveJournal may, at its sole discretion, flag, restrict access, delete, terminate the Account, or take any other actions that it deems necessary to enforce the spirit of the TOS.

    You agree to NOT use the Service to:

    1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive to another's privacy (including, but not limited to, posting the address, email, phone number, or any other contact information without the written consent of the owner of such information), or Content containing full nudity, violence, obscenity, gang-related Content, hate-based Content based on racial, ethnic, gender, transgender, disability, or sexual orientation, harassment of other users, endangerment to minors, incitation to violence or criminal activity, violation of another person’s intellectual property rights, or Content that is otherwise offensive or inappropriate under the TOS;
    2. Impersonate any person or entity, including, but not limited to, a LiveJournal staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with LiveJournal or any other person or entity;
    3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    4. 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);
    5. Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of a third party without express consent;
    6. 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;
    7. 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;
    8. 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;
    9. 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;
    10. "Stalk" or otherwise harass another person or company;
    11. Collect or store personal data about other users for business or commercial purposes;
    12. Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, 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;
    13. Use the LiveJournal Service solely to promote and/or drive traffic to another website, business, or commercial enterprise;
    14. Allow other users to access and/or use your Account in a manner that violates LiveJournal's TOS;
    15. Engage in commercial activities on behalf of LiveJournal without prior approval;
    16. Employ tactics to prevent the full and complete display of advertisements on LiveJournal pages, including, but not limited to, making journal style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on a Plus Account's Content or any other pages on which advertisements appear on the Service.
    17. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
    18. Exceed the intended scope of the Service, for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people's entries or other Content without express permission.
    19. Make excessive or harmful automated use of the system, such as implementing malicious SEO tags, spamming, and/or utilizing bots or other malware to gain access to user Accounts and/or information. See this page for details on our automated use policy: http://www.livejournal.com/bots/.

    If LiveJournal determines, in its sole discretion, that any user has violated the TOS, LiveJournal reserves the right to terminate such user's Account at any time without prior notice.

  16. VOLUNTEERS AND LIVEJOURNAL

    LiveJournal appreciates the significant contributions made by volunteers, who assist LiveJournal in its efforts to provide high quality, community-driven features and 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, providing technical support, offering QA review of beta features, categorizing, researching, and performing 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 user agrees that the intellectual Content created as a result of volunteer work for LiveJournal constitutes the 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 worldwide 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 agrees to insure that any work provided does not contain any inflammatory language, indecency, or obscenities. LiveJournal volunteers are expected to interact with other users on the Service in a manner that is courteous, constructive, supportive, and helpful to other LiveJournal users. Without limiting the generality of the foregoing, LiveJournal reserves the right to terminate any volunteer’s status, privileges, and/or benefits if LiveJournal determines in its sole discretion that a volunteer’s conduct is hostile, harmful, and/or destructive in any way to LiveJournal’s best interests.

    Without an expressed written confirmation to the contrary, all LiveJournal volunteers positions are assumed to be taken without pay or future consideration.

  17. DISCLAIMER OF WARRANTIES

    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.

  18. LIMITATION OF LIABILITY

    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.

  19. U.S. GOVERNMENT RESTRICTED RIGHTS

    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.

  20. GENERAL INFORMATION

    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.

  21. VIOLATIONS

    Instructions on how to report violations against the TOS can be found in the FAQ "How do I contact the Abuse team?" To expedite the processing of your report, please follow the instructions therein.

  22. REVISIONS

    LiveJournal may revise the TOS found at this URL, in whole or in part, without notice. By using this Site, you hereby acknowledge and agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms of Service to which you are bound.

Last revision: December 12, 2010