froodle: (bitch)
[personal profile] froodle
By now most of you will already have had the pop-up regarding Livejournal's new "User Agreement." The English-language version can be found here, and I've copy-pasted it under the cut below:



ATTENTION: this translation of the User Agreement is not a legally binding document. The original User Agreement, which is valid, is located at the following address: http://www.livejournal.com/legal/tos-ru.bml.

1.
Subject of the Agreement
1.1. Sup Media, Limited Liability Company (the Administration) shall make the Service available to user of the information and telecommunications network Internet (User) under the terms and conditions defined in this User Agreement (the Agreement). The Service may be used only by individuals aged 14 and above.
1.2. The Administration shall make the Service available to User for free.

2.
General Provisions
2.1. This Agreement constitutes a public offer in accordance with Article 437 of the Civil Code of the Russian Federation. By using the Service, including every access to the Website pages by any means, User unconditionally accepts this Agreement in its entirety.
2.2. This Agreement governs User’s and the Administration’s rights and obligations as well as their relationships with third parties whose rights and interests may be affected by User’s actions.
2.3. The current version of the Agreement hereof is available online at http://www.livejournal.com/legal/tos-en.bml. This Agreement may be amended by the Administration without special notice by publishing a new version hereof at the above URL. The new version hereof shall come into force upon its online publishing unless otherwise set forth by such a new version hereof.
2.4. Any User who does not agree with the terms of the current version hereof in full or in part shall discontinue using the Service in any way.
2.5. Users breach hereunder may cause termination of his/her access to his/her Account or deletion of such an Account as well as full or partial deletion of the Content or suspension thereto without prior notice.

3.
Terms

Authorisation means the analysis of the Authentication Details given by User performed by the software part of the Service, based on which User is given an access to his/her Account.

Account means User’s account containing Authentication Details and other information provided by the User while using the Service.

Authentication Details means unique means of User identification (username and password) used for Authorisation.

Blog means a third-level domain of the Website which is transferred by the Administration to User under the terms and conditions hereof to post his/her Content (keep a Blog).

Community Owner means User who created a Blog in the form of Community.

Content means User`s information within the Service, including any information published during the process of Registration, in Blogs and Communities as a note or comment as well as sent by User in private messages using the Service.

Community Moderator means User to whom the Community Owner provided access to the functionality necessary to moderate the Community’s Content.

Profile means a publicly available page automatically created within the Service during the Registration, which contains all the information filled out by User during the Registration as well as during any further modifications or amendments of his/her Account, except for password and email address specified for registration.

Paid Services means any additional services provided to User by Live Journal Inc. under the terms and conditions of a separate agreement between User and Live Journal Inc.

Registration means User actions performed in order to create an Account pursuant to the procedure established by the Administration. User shall give his/her Authentication Details during the Registration process and may also give any other non-obligatory information which he/she deems fit.

Website means a website in the information and telecommunications network Internet identified by its domain name LiveJournal. com.

Service means the LiveJournal Service which allows User to keep Blogs, posts notes, comments and use any other functions offered by the Administration.

Community Supervisor means User to whom the Community Owner gave access to special Community management functions.

Community means a Blog devoted to a topic specified by the Community Owner, the scope of Content which may be created by a Community of Users in accordance with the rules defined by the Community Owner.

4.
Account Registration
4.1. In order to use a number of functions of the Service, User shall go through Registration procedure.
4.2. For the purpose of Registration, the User shall provide information in accordance with the registration form. If the Administration has reasons to believe that the information provided by the User is incorrect or out-of-date, the Administration may at its own discretion suspend the access to the User’s Account or delete such an Account.
4.3. User shall confirm the Registration by activating following the instruction sent by the Administration to User’s email address defined for the Registration (Registered Address) upon submission of the information to the Registration form;
4.4. The Administration may, at its own discretion, prohibit the use of certain usernames as well as establish requirements to username and password (the number of characters, allowed symbols etc.) If the Administration detects that any words (letter combinations) are used as usernames that may be regarded as affecting the Administration’s and/or any third parties’ rights and legal interests, the Administration may, at its own discretion, delete the User’s Account or restrict access to it until User has changed his/her username as required by the Administration.
4.5. After completion of the registration process, User`s Account and Blog shall be created within the Service identified by a third-level domain name in the format username. livejournal. com, where ’username’ means the username chosen by User.
4.6. User shall be responsible for the security (guessing attacks resistance) of the Authentication Details and its confidentiality.
4.7. User shall be responsible for all actions performed using the User’s Authentications Details, All actions performed upon the Authorisation using the User’s Authentication Details shall be deemed performed by the User personally, unless the User has duly notified the Administration in advance of possible Unauthorised Access and/or any breach (alleged breach) of confidentiality of his/her Authentication Details in accordance herewith.
4.8. The User shall be responsible for any possible loss or distortion of information and for other consequences of any nature which may occur due to the User’s breach of any provisions of the Agreement.
4.9. User also can get an access to additional Service functions via her/his Facebook’, Twitter’, Google’, VKontakte’ or Mail. ru’ account (Third Party’ Account). Third Party Account functions can be limited in comparison with Account functions.

5.
User Details
5.1. The technical data transmitted to the Service by the User’s software as well as any other information transmitted by the User to the Service shall be available to the Administration and may be used at its own discretion legally, including targeting the advertising to User.
5.2. The User’s IP address may be available to other Users when User posts comments in Blogs, depending on settings chosen by User or by the Community Owner where User posts such comments.
5.3. Information contained in the Profile shall be available to other Users. User may at any time delete and/or modify the Profile using Account management interface.
5.4. Please note that, no information which can directly or indirectly identify the individual is needed in order to use the Service, including registration process; thus, the relationship connected with the Service, the Registration and information provided in the process of Registration, is not governed by the provisions of Federal Act of the Russian Federation No. 152-ФЗ.

6.
Account Termination
6.1. Termination of Inactive Accounts by the Administration 6.1.1. The Administration reserves the right to delete Account and Blog if User did not access the Account or the access was restricted for more than six months due to a breach hereof.

6.2. Account Termination by the User 6.2.1. User may delete his/her Account using Account management interface. When the function to delete Account is activated, Account shall be blocked for 60 days, during which other Users shall have no access to the Blog Content;
6.2.2. Within this period hereof User can restore his/her Account, and Users’ access to the Blog Content shall be restored;
6.2.3. If User will not restore, his/her Account, username shall become available to other Users and all the User’s information and all the Content posted using Account and checked by User in the interface as subject to deletion shall be deleted except for the information specified in clause 6.3 hereof. Thenceforth, Account or any information related thereto cannot be restored. The data stored in accordance with clause 6.3 hereof shall not be available to User or to third parties and may be provided by the Administration only at the request of competent authorities.

6.3. Please note that in accordance with part 3 Article 10.1 of the Federal Act of the Russian Federation No. 149-ФЗ the Administration shall keep the following information and provide it upon the lawful request of the competent authorities regardless of Users will: 6.3.1. any information related to receipt, transfer, delivery and/or processing of voice information, written texts, images, sounds, video and other electronic messages of Users and information on Users who performed the above actions, within one year upon performing such actions;


7.
Blog
7.1. User may keep Blog, post notes and comments within his/her own Blog (Community) or in other Users’ Blogs (Communities).
7.2. Using the Service functions, User shall define the Content and the level of Content availability to Users subject to the requirements specified herein and applicable laws.
7.3. User who created Blog shall be responsible for such a Blog as well as for the Content posted therein.
7.4. Please note that, User shall be subject to Article 10.2 of the Federal Act of the Russian Federation No. 149-ФЗ if more than three thousand Internet users access the Blog (the Blog’s page) within 24 hours.
7.5. User who posted comments in Blog and User keeping such a Blog shall be jointly and severally liable in respect of such comments.

8.
Community
8.1. User may create Communities.
8.2. Community may have its own Community rules; however, such rules may not contradict hereto or to applicable laws.
8.3. Community Owner shall be responsible for the Community, including the Community rules, the Content posted within the Community, the actions of Community Supervisor and Moderator.
8.4. Please note that the Community (the Community’s page) within 24 hours, the Community Owner shall be subject to Article 10.2 of the Federal Act of the Russian Federation No. 149-ФЗ if more than three thousand Internet users access.
8.5. User who posted a note or a comment in Community and Community Owner shall be subsidiarily liable in respect of such a note or a comment.
8.6. Community Supervisor and Community Owner shall be subsidiarily liable in respect of Community Supervisor’ actions.

9.
Content
9.1. By posting Content, User shall: 9.1.1. Guarantee to the Administration that Content and terms of its appearance on the Service meets all the requirements of the applicable laws, that User has received all rights and permits necessary to post such a Content;
9.1.2. In respect of any Content which constitutes intellectual property, User provides to the Administration a non-exclusive (simple) license to use his/her Content in order to provide the Service by reproducing his/her Content as well as by making it public for the entire period the Content is posted on the Service. If User participates in any rankings or if User’s Content is used in any editorial projects of the Service, User provides to the Administration an additional authorisation to modify, shorten and amend his/her Content, to add images, a preamble, comments or any clarifications to his/her Content while using it, and in certain cases based on the Service functions, an authorisation to use User’s Content anonymously.
9.1.3. Mark Content estimated by Russian legislation as inappropriate for children (0 −18) as “adult material” by using Service functions.

9.2. The User may not: 9.2.1. register a legal entity as a User;
9.2.2. register himself/herself as a User on behalf of another individual;
9.2.3. mislead Users as to his/her identity and relationships with other individuals;
9.2.4. transmit spam messaging without the recipients’ consent;
9.2.5. perform any actions aimed at disrupting the normal functioning of the Service;
9.2.6. without the Administration’s special permit, use automatic scripts (bots, crawlers etc.) to collect information from the Service and/or to interact with the Service;
9.2.7. post advertising and/or political solicitation materials unless otherwise directly specified in a separate agreement between User and the Administration;
9.2.8. perform any other actions contradictory to the laws of the Russian Federation and/or any other applicable laws, including those applicable in the jurisdiction of User’s residence.

9.3. Any claims related to the Content shall be submitted to the Administration through the contact form.

10.
Rights and Obligations of the Administration
10.1. The Administration shall endeavour to ensure providing of the Service and its prompt restoration in the event of technical failures and outages.
10.2. The Administration shall not verify the correctness of the information provided by User during the Registration; however, in some circumstances it reserves the right to request User to confirm such an information. Failure to confirm the information may be considered as provision of incorrect information and have the consequences specified in clause 4.2 hereof.
10.3. The Administration shall not verify the compliance of Content and/or Users’ actions with the terms and conditions hereof and with the applicable laws; however, it reserves the right at its own discretion or upon the request received from the competent authority and/or the substantiated request by another entity without User’s prior notice, marked Content as an “adult material”, take measures specified in clause 2.5 hereof and restrict the access to Blog/Community for certain Users.
10.4. In case of request of from a competent authority, the Administration may be obliged to provide the information about User or related to User.
10.5. The Administration may restrict User’s access to any Service function and restrict or prohibit the use of API and posting of links to third-party resources and take any other actions aimed at protecting the Service from factors which present or may have a risk to Users, to the normal operation of the Service and to the Administration’s policies. The Administration shall implement the said measures at its own discretion and shall not be responsible for possible negative consequences of such measures to User and to third parties.
10.6. The Administration may at its own discretion and without User’s prior notice supplement, reduce or otherwise modify any Service function and it’ procedures.

11.
Liability
11.1. User shall be liable for breaching the terms and conditions hereof, including the requirements to Registration and Content posting, as well as for violation of applicable laws committed by User, including the laws of the Russian Federation and the laws of User’s residence;
11.2. The Administration shall not be liable for any temporary failures or interruption in the operation of the Service and for information unavailability and/or loss caused by it. The Administration shall not be liable for any damage to any equipment or computer software or data caused by or related to using the Service including damage caused by Service’ supplementation in accordance with clause 10.6.
11.3. Please note that in accordance with the Russian Federation Act No. 2300-1 dated February 7, 1992, the provisions of the said act related to consumer rights protection do not apply to the relationship between the Administration and Users as the Service is provided for free.

12.
Advertising
12.1. Unless otherwise specifically set forth by a separate agreement between User and the Administration, the Administration may without further notice or refund, place advertising on the Service, including on any Blog/Community pages.
12.2. The Administration may at any time change the method, type and quantity of the advertising placed on the Service.
12.3. The User’s participation in campaigns and events advertised within the Service, as well as User’s purchasing of any products, work or services shall create rights and obligations only between User and the entity selling the respective product, work or service or holding such campaign or event.
12.4. If User places any advertising Content on the Service (or promises to place such Content), this does not create any obligations of the Administration.
12.5. The Administration may send to User information related to the Service as well as third-party advertising using the email address provided by User.

13.
Miscellaneous
13.1. The following addresses shall be used to send legally significant communications: 13.1.1. to the Administration: 13.1.1.1. in respect of communications related to Content: contact form,
13.1.1.2. in respect of other communications: bldg. 1, 9 Varshavskoye Highway, Moscow, 117105.

13.1.2. to User: the address provided for registration:

13.2. All disputes arising out of this Agreement and/or related to the Service and Content may be resolved in Court after the Parties have taken steps to settle the dispute by negotiation, 30 calendar days upon the date when the claim (request) was sent to the addresses defined in clause 12.1 hereof.
13.3. If the dispute is not resolved by the time defined in clause 13.2 hereof it may be resolved by the Court in the Administration’s location.
13.4. Paid Services are not subject of this Agreement. The Administration shall not be liable for Paid Services. All Paid Services’ related questions shall be address to Live Journal Inc.


ATTENTION: this translation of the User Agreement is not a legally binding document. The original User Agreement, which is valid, is located at the following address: http://www.livejournal.com/legal/tos-ru.bml.

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