TERMS OF SERVICE
Through this application and the LikeJournal website (the "website"), the owner of this website ("LikeJournal", "we" or "us") provides access to software and services ("Services") that allow a customer ("Customer", "user" or "you") to use LikeJournal and contribute content to LikeJournal. These Terms of Service ("Agreement") describes the terms and conditions on which LikeJournal provides the Services to Customers. READ THIS AGREEMENT CAREFULLY. BY INDICATING ACCEPTANCE OF THIS AGREEMENT OR BY OTHERWISE USING THIS APPLICATION, SERVICES OR THE WEBSITE, OR BY DOWNLOADING THE LIKEJOURNAL APPLICATION AND/OR BROWSER EXTENSION, THE CUSTOMER IS ENTERING INTO THIS AGREEMENT WITH LIKEJOURNAL. THIS IS A LEGALLY BINDING AGREEMENT. If you do not agree to these terms and conditions, you are not permitted to use the Services or this website or to download the LikeJournal application.
By logging in to LikeJournal, you are registering for the Services. If you log in or otherwise use the Services, you represent and warrant to LikeJournal that: (i) you are of legal age to form a binding contract; (ii) you will provide LikeJournal with accurate, current and complete registration information, if required; and (iii) your registration and your use of the Services is not prohibited by law. LikeJournal reserves the right to suspend or terminate your registration, or your access to the Services, in the event that you breach any term of this Agreement. You are responsible for your own use of the Services.
LikeJournal is not directed to users under the age of 13. If you are under the age of 13, you are not permitted to log in, register as a Customer, or to send personal information to LikeJournal.
License to Use the Services
Usage of LikeJournal is currently 100% free, however, LikeJournal reserves the right to provide pay-for features in the future. LikeJournal may make any modifications to the Services at any time.
Subject to your payment of any applicable fees, LikeJournal authorizes you to access, view and use the Site Content and Software (collectively, the "LikeJournal Property") solely to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the LikeJournal Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the LikeJournal Property, or any portion of the LikeJournal Property, is strictly prohibited without the prior written permission of LikeJournal.
You agree, and represent and warrant, that your use of the Services and the LikeJournal Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the LikeJournal Property or your use of them, and that in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on the website and in the LikeJournal application, other than User Content as defined below ("Site Content"), and all software embodied in this website or otherwise used by LikeJournal to deliver the Services ("Software") is proprietary to us or to third parties, and except as otherwise expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
The marks "LikeJournal" and the LikeJournal logo are registered trademarks of LikeJournal, and they may not be used in connection with any service or products other than those provided by LikeJournal, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LikeJournal. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.
As part of using LikeJournal, you may be provided the option to upload, post, or submit to LikeJournal, or distribute using LikeJournal, photographs, text, graphics, video, audio, and other materials and information (collectively, "User Content"). The User Content remains your property, and LikeJournal does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that:
- you are publishing and making your User Content available for viewing by third parties, that your User Content may be associated with your name according to your Facebook profile, and that accordingly your User Content will be attributable to you, that third parties will gain access to your User Content through the Services, and LikeJournal shall in no event be liable to you for any use or misuse of your User Content by any third party.;
- you grant LikeJournal and its Partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense, to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content in connection with operation of the Services, promotion of the Services, and any other purposes reasonably related to using LikeJournal and for the purposes of promotions and advertising of LikeJournal and its Partners.
- you represent and warrant that you own all proprietary rights in your User Content or, with respect to any User Content you do not own, you have the full authority and right to post the User Content and to grant the licenses granted hereunder, and that your posting of the User Content, and the exercise by LikeJournal, its Partners and Customers of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party; and
- if any royalties are payable to any third party for exploitation of User Content posted by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties.
LikeJournal is under no obligation to edit or control User Content that you and other users post to or distribute, and will not be in any way responsible or liable for User Content. LikeJournal does not vet or control the Customers or other individuals that use the Services. You post, access and use User Content at your own risk, and LikeJournal and its Partners shall not be liable for any loss or damage that any person may suffer as a result of using the Service or using or relying on the User Content. Customers should exercise caution in interacting with unknown persons that they meet playing LikeJournal in the same way that they would exercise caution in the physical world.
No user of the Services shall:
- Use, upload, post, distribute or transmit, any User Content in violation of, or in connection with any violation of, any local, state, national or international laws;
- Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
- Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
- Post any User Content more than once or "spam";
- Post any User Content that contains advertising or promotional material or constitutes commercial activity of any sort, without the express permission of LikeJournal; or
- Engage in any other conduct that interferes with the Services or that restricts or inhibits any other person from using or enjoying any User Content, or the Services, or which, in LikeJournal’s sole judgment , exposes LikeJournal, its Partners, or any of their officers, directors, employees or agents to any liability or detriment of any type.
No user of the Services shall submit, post, upload to, distribute through or otherwise use in connection with the Services any User Content that:
- Is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;
- Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
- Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
- Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or
- Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
LikeJournal reserves the right (but is not obligated) to do any or all of the following:
- record Customer Content;
- Investigate any allegation that Customer Content or Customer registration information does not conform to the terms and conditions of this Agreement;
- remove Customer Content or Customer registration iInformation that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
- monitor, edit or disclose any Customer Content or Customer registration information; or
- edit or delete any Customer Content or Customer registration information, regardless of whether such content violates any terms and conditions of this Agreement.
LikeJournal has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
Third Party Websites
The LikeJournal website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by LikeJournal. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
Ideas Submitted to LikeJournal
LikeJournal is pleased to hear from you and welcomes your comments about the Services. In the event that you submit ideas or suggestions for the Services ("Services Comments"), the Services Comments will be deemed, and will remain, the sole property of LikeJournal. None of the Services Comments will be subject to any obligation of confidence on the part of LikeJournal, and LikeJournal will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, LikeJournal will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
Warranty Exclusions and Limitations of Liability
LikeJournal warrants that the Services and LikeJournal Property will conform substantially to the descriptions set forth on the LikeJournal website. However, LikeJournal does not warrant that the Services or LikeJournal Property will operate error-free or without downtime. LikeJournal may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to LikeJournal. In the event of any breach of this warranty, the Customer’s sole and exclusive remedy, and LikeJournal’s sole and exclusive liability, shall be (at LikeJournal’s option) to remedy the failure or to refund the amount paid by the Customer, if any. Except as set forth in the foregoing sentence, LikeJournal makes no representations or warranties of any kind regarding the Services or the LikeJournal Property. LIKEJOURNAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND LikeJournal PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR LIKEJOURNAL PROPERTY, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE LIKEJOURNAL PROPERTY. No advice or information, whether oral or written, obtained by you from LikeJournal or through the Services will create any warranty not expressly stated herein.
PARTICIPATING IN ANY PHYSICAL ACTIVITY INVOLVES SOME RISK OF PHYSICAL INJURY OR DEATH. LikeJournal AND ITS PARTNERS DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONTENT OF LikeJournal, FOR THE BEHAVIOR OF USERS, OR FOR ANY OTHER RISK OF BODILY INJURY OR DEATH ARISING IN CONNECTION WITH PLAYING LikeJournal. LikeJournal AND ITS PARTNERS ARE NOT RESPONSIBLE FOR ENSURING ACCESS TO THE LOCATIONS WHERE LikeJournal IS PLAYED. USERS PARTICIPATE IN LikeJournal AT THEIR OWN RISK.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM LIKEJOURNAL OR ANY PARTNER ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR LIKEJOURNAL PROPERTY, EVEN IF LIKEJOURNAL OR SUCH PARTNER HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF LikeJournal AND ITS PARTNERS FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE LikeJournal PROPERTY SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO LikeJournal, IF ANY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Customer shall defend, indemnify and hold harmless LikeJournal against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with Customer’s use of LikeJournal, participation in LikeJournal, or Customer’s breach of any provision of this Agreement, including, without limitation, any claim by any participant in any LikeJournal challenge designed by Customer, or any claim by any non-participant third party who suffers any injury in connection with the using of LikeJournal by LikeJournal participants. LikeJournal reserves the right the assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with LikeJournal with respect to such defense and settlement.
Digital Millennium Copyright Act
LikeJournal complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Services you may contact our Designated Agent at the following address:Email: info@LikeJournal.com
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
- a physical or electronic signature of the subscriber;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which LikeJournal may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
Applicable Law and Jurisdiction; Compliance
You and LikeJournal agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Services from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
LikeJournal reserves the right to modify this Agreement, any aspects of the Services, or its policies at any time, with or without notice to you. You are under an obligation to review the current version of this Agreement and other LikeJournal policies before playing LikeJournal.
In no event shall LikeJournal be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside LikeJournal’s reasonable control.
No delay or omission by LikeJournal in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by LikeJournal of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" and the term "partner" is used solely to denote another entity with whom LikeJournal has a sponsorship or marketing agreement, not a participant in a legal partnership with a view to conducting a business enterprise in which participants share profits and losses. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and LikeJournal regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.