User Agreement (original) (raw)

Updated: November 23 2023, 08:31 GMT
Location: https://www.livejournal.com/legal/tos-en.bml?r=15272

1. Subject of the Agreement

   1. SIM 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.
   2. The Administration shall make the Service available to User for free.

2. General Provisions

   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. 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.
   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 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. The Administration notifies the Users about the appropriate changes to the Agreement in accordance with the procedure specified in Russian legislation.
   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.
   5. User’s violation of the terms of the Agreement and/or Russian legislation 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 on the Service created by User through Registration.
Authentication Details means unique User’s 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 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 one time and continuing additional services provided to User by the Administration on a monetary base.
Registration means User’s actions performed in order to create an Account in accordance with the Agreement 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, post 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.
Google Maps means features and content of the «Google Maps» and «Google Earth» services, which may be utilized within the Service. 4. #### Account Registration

1. In order to use a number of functions of the Service, User shall go through Registration procedure.
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.
3. User shall confirm the Registration by its 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. 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.
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 of username.livejournal.com, where ’username’ means the username chosen by User.
6. User shall be responsible for the security (guessing attacks resistance) of the Authentication Details and its confidentiality.
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.
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.
9. User also can get an access to additional Service functions via her/his Facebook’, Twitter’, Google’, Apple’, VKontakte’ or Mail. ru’ account (Third Party’ Account). Third Party Account functions can be limited in comparison with Account functions.
10. By using Google Maps, including features and content of «Google Maps» and «Google Earth» services, User is notified that the Service utilizes Google Maps, and User hereby unconditionally accepts then-current version of the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and Google Privacy Policy at https://www.google.com/policies/privacy/. User’s breach of Google Maps/Google Earth Additional Terms of Service or Google Privacy Policy may cause actions by Administration in accordance with clause 2(5) of the Agreement or disablement of corresponding Google Maps features. The Administration shall not be liable for any failures or interruptions in the operation of Google Maps utilized within the Service as well as for Google Maps’ consistency with User’s expectations.

11. User Details

    1. The terms and conditions of User’s data processing and its security measures while using of the Service are governed by the Privacy Policy.
    2. 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-FZ.

12. Account Termination

    1. Termination of Inactive Accounts by the Administration
       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 2 years due to a breach hereof.
    2. Account Termination by the User
       1. User may delete his/her Account using Account management interface. When the function to delete Account is activated, Account shall be blocked for 1 year, during which other Users shall have no access to the Blog Content;
       2. Within this period hereof User can restore his/her Account, and Users’ access to the Blog Content shall be restored;
       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.
    3. Please note that in accordance with part 3 Article 10.1 of the Federal Act of the Russian Federation No. 149-FZ the Administration shall keep the following information and provide it upon the lawful request of the competent authorities regardless of Users will:
       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;

13. Blog

    1. User may keep Blog, post notes and comments within his/her own Blog (Community) or in other Users’ Blogs (Communities).
    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.
    3. User who created Blog shall be responsible for such a Blog as well as for the Content posted therein.
    4. User who posted comments in Blog and User keeping such a Blog shall be jointly and severally liable in respect of such comments.

14. Community

    1. User may create Communities.
    2. Community may have its own Community rules; however, such rules may not contradict hereto or to applicable laws.
    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.
    4. 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.
    5. Community Supervisor and Community Owner shall be subsidiarily liable in respect of Community Supervisor’ actions.

15. Content

    1. By posting Content, User shall:
       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;
       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 and to promote User's Content on the Internet facilitating by the Website, by reproducing his/her Content, 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.
       3. Mark Content estimated by Russian legislation as inappropriate for children (0 −18) as “adult material” by using Service functions.
    2. The User may not:
       1. register a legal entity as a User;
       2. register himself/herself as a User on behalf of another individual;
       3. mislead Users as to his/her identity and relationships with other individuals;
       4. transmit spam messaging without the recipients’ consent;
       5. perform any actions aimed at disrupting the normal functioning of the Service;
       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;
       7. post political solicitation materials unless otherwise directly specified in a separate agreement between User and the Administration;
       8. using the Blog to commit criminal acts, disclose information that constitutes state or other legally protected secrets, disseminate materials containing public calls for terrorist activities or publicly justifying terrorism, other extremist materials, as well as materials promoting pornography, violence, and cruelty, and materials containing obscene language;
       9. spreading information with the aim of discrediting a citizen or specific categories of citizens based on gender, age, race or national origin, language, religion, profession, place of residence and work, as well as in connection with their political beliefs;
       10. using the Blog to violate the prohibitions and restrictions provided for by the legislation of the Russian Federation on referendums and the legislation of the Russian Federation on elections;
       11. violating the rights and legitimate interests of citizens and organizations, including the honor, dignity, and business reputation of citizens, the business reputation of organizations;
       12. 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.

16. Rights and Obligations of the Administration

17. The Administration shall endeavour to ensure providing of the Service and its prompt restoration in the event of technical failures and outages.
18. 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.
19. The Administration shall not verify preliminary the compliance of Content and/or Users’ actions with the terms and conditions hereof and with the applicable laws; however, it reserves the right to take measures specified in clause 2.5 hereof and restrict the access to Blog/Community for certain Users without User’s prior notice to mark Content as an “adult material” in the cases and in the manner prescribed by Russian legislation, including the request received from the competent authority and/or the substantiated request by another entity. The Administration notifies the Users about measures undertaken under clause 2.5 hereof in the manner prescribed by Russian legislation.
20. In case of request from a competent authority, the Administration may be obliged to provide the information about User or related to User.
21. 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.
22. The Administration may at its own discretion and without User’s prior notice supplement, reduce or otherwise modify any Service function and it’ procedures.
23. The Administration may engage third parties to render services necessary for the operation of the Service, including hosting providers
24. The User may not:
    1. The Administration has the right to use special technical solutions and/or other methods of identifying Content that violates the terms of the Agreement and/or Russian legislation to comply with the requirements of Russian legislation. The procedure for using these methods is to be determined either by the Administration or by Russian legislation.
    2. The Administration has the right, in the case and in the manner prescribed by Russian legislation, to take measures to restrict access to the Content.
    3. User is obliged to comply with requirements and restrictions provided for by Russian legislation, including those concerning information that is prohibited or restricted for distribution, in particular not to distribute materials with pornographic images of minors and (or) advertisements for engaging minors as performers in entertainment activities of pornographic nature; information on methods and techniques of development, manufacture and use of narcotic drugs, psychotropic substances and their precursors, new potentially dangerous psychoactive substances, places of their acquisition, methods and places of cultivation of narcotic plants; information on methods of committing suicide, as well as exhortation to commit suicide; information that violates the requirements prohibiting activities related to organizing and conducting gambling and lotteries using the Internet and other communication means; information containing offers for retail sales of alcoholic products, spirits-containing food products, ethyl alcohol, and spirits-containing non-food products, the retail sale of which is restricted or prohibited by legislation on state regulation of production and circulation of ethyl alcohol, alcoholic and spirits-containing products, and on limiting the consumption (drinking) of alcoholic products; information aimed at enticing or involving minors in unlawful actions that pose a threat to their life and/or health or to the life and/or health of others; information expressed in an indecent form that insults human dignity and public morality, shows explicit disrespect for society, the state, official state symbols of the Russian Federation, the Constitution of the Russian Federation, or authorities exercising state power in the Russian Federation; information containing calls for mass riots, extremist activities, participation in mass (public) events held in violation of established procedures, false socially significant information disseminated under the guise of reliable messages that create a threat of harm to citizens’ lives and/or health, property, a threat of mass disruption of public order and/or public safety, or a threat of obstruction to the functioning or cessation of functioning of life support objects, transport or social infrastructure, credit institutions, energy, industrial or communication facilities, information materials of foreign or international non-governmental organizations whose activities are deemed undesirable on the territory of the Russian Federation in accordance with Federal Law No. 272-FZ «On Measures of Influence on Persons Involved in Violations of Fundamental Human Rights and Freedoms, Rights and Freedoms of Citizens of the Russian Federation,» information allowing access to such information or materials; information promoting non-traditional sexual relationships and/or preferences, pedophilia, gender reassignment.

25. Liability

26. 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;
27. 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 of the Agreeement.
28. 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.

29. Advertising

30. 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.
31. The Administration may at any time change the method, type and quantity of the advertising placed on the Service.
32. 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.
33. If User places any advertising Content on the Service (or promises to place such Content), this does not create any obligations of the Administration.
34. The Administration may send to User information related to the Service as well as third-party advertising using the email address provided by User.

35. The procedure for considering Users’ requests

36. All requests related to the Content shall be submitted to the Administration via the contact form.
37. User’s requests are considered by the Administration within a period not exceeding 30 calendar days from the date of their receipt through the contact form.
38. Through the contact form, User provides a contact e-mail, the URL of the page that violates User’s rights and legitimate interests.
39. The request shall contain a reasoned justification for the presence of the violation of User’s rights and legitimate interests.
40. In case of detection of incomplete information, inaccuracies or errors in User’s request, the Administration has the right to send a notification to User on the clarification of the information provided in the request.
41. If there are obscene or offensive expressions in the request, threats to life, health and property of the Administration or other persons, the Administration will refuse to consider User’s request.

42. Miscellaneous

43. The following addresses shall be used to send legally significant communications:
    1. to the Administration:
       1. ljlegal@rambler-co.ru
       2. bldg. 1, 9 Varshavskoye Highway, Moscow, 117105.
    2. to User: the address provided for registration:
44. 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.
45. If the dispute is not resolved by the time defined in clause 14.2 hereof it may be resolved by the Court in the Administration’s place of incorporation.
46. The Agreement is drawn up in Russian language. The English version is a translation and is provided solely for the convenience of reading the Agreement. In the event of any inconsistency between the Russian version and its translation, the Russian version of the Agreement shall prevail.

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