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Terms of Service

Thank you for visiting the lonelygirl15 Universe at lonelygirl15.com (the "lonelygirl15 Website" or "Website") home to the interactive online dramas lonelygirl15 (the "lonelygirl15 Series" or the "Series"), KateModern ("Kate"), and other shows in the lonelygirl15 Universe ("Series Spin-Offs"). The Website, the Series, Kate, and all related Series Spin-Offs are owned by lonelygirl15, llc and its affiliates ("lonelygirl15").

  1. Your Acceptance

    1. By using and/or visiting the lonelygirl15 Website, you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) lonelygirl15's privacy notice, found at http://www.lonelygirl15.com/info/privacy/ and incorporated here by reference. If you do not agree to any of these terms or the lonelygirl15 privacy, please do not use the lonelygirl15 Website.

    1. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.lonelygirl15.com/info/terms/. lonelygirl15 may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

  1. lonelygirl15 Website

    1. These Terms of Service apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Website includes all aspects of the lonelygirl15 Series, including but not limited to, pages displaying videos from the Series, Kate, Series Spin-Offs, or User Videos (defined below) (collectively referred to as "Video View Pages"), the LGPedia, the lonelygirl15 Series forum, the Kate forum, and Series Spin-Off forums (collectively the "Forums"), the chat room, and the partner embeddable video players.

    1. The lonelygirl15 Website may contain links to third party websites that are not owned or controlled by lonelygirl15. lonelygirl15 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, lonelygirl15 will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve lonelygirl15 from any and all liability arising from your use of any third-party website.

    1. Accordingly, we encourage you to be aware when you leave the lonelygirl15 Website and to read the terms and conditions and privacy policy of each other website that you visit.

  1. lonelygirl15 Website Accounts

    1. In order to access some features of the Website, you will have to create a lonelygirl15 Website account ("Account") and become a registered user ("Registered User"). You may never use another's Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your account password secure. You must notify lonelygirl15 immediately of any breach of security or unauthorized use of your Account.

    1. Although lonelygirl15 will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of lonelygirl15 or others due to such unauthorized use.

  1. General Use of the Website -- Permissions and Restrictions

    1. You agree not to alter or modify any part of the Website except those parts that permit Registered Users and other users to add User Submissions (defined below) to the Website.

    1. You agree not to access User Submissions (defined below) or videos or User Comments (defined below) through any technology or means other than the Video View Pages, LGPedia, Forums or other explicitly authorized means lonelygirl15 may designate.

    1. You agree not to use the Website for commercial use, without the prior written authorization of lonelygirl15. Prohibited commercial uses include any of the following actions taken without lonelygirl15's express approval:

      1. sale of access to the Website or its related services on another website;
      2. use of the Website or its related for the primary purpose of gaining advertising or subscription revenue;
      3. the sale of advertising, on the lonelygirl15 website or any third-party website, targeted to the content of specific User Submissions (defined below) or lonelygirl15 Content (defined below);
      4. and any use of the Website or its related services that lonelygirl15 finds, in its sole discretion, to use lonelygirl15's resources or User Submissions (defined below) with the effect of competing with or displacing the market for lonelygirl15, the Series, Kate, or its User Submissions (defined below).

    1. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the lonelygirl15 servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, lonelygirl15 grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. lonelygirl15 reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (defined below).

    1. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.

    1. lonelygirl15 reserves the right to discontinue any aspect of the lonelygirl15 Website at any time.

  1. Your Use of Content on the Site

    1. The content on the Website, except all User Submissions (as defined below), including without limitation, the lonelygirl15 Series, Kate, Series Spin-Offs, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("lonelygirl15 Content" or "Content") and the trademarks, service marks and logos contained therein ("Marks"), with the exception of the limited license lonelygirl15 grants Registered Users to make non-commercial derivative versions of videos from the Series (see below), are owned by or licensed to lonelygirl15, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. lonelygirl15 reserves all rights not expressly granted in and to the Website and the Content.

    1. You may access User Submissions (defined below) solely:

      1. for your information and personal use;
      2. as intended through the normal functionality of the lonelygirl15 Website; and
      3. for Streaming.

    1. User Comments (defined below) are made available to you for your information and personal use solely as intended through the normal functionality of the lonelygirl15 Website. User Comments (defined below) are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the lonelygirl15 Website or otherwise as prohibited under this Agreement.

    1. You may access lonelygirl15 Content, User Submissions (defined below) and other content only as permitted under this Agreement. lonelygirl15 reserves all rights not expressly granted in and to the lonelygirl15 Content and the lonelygirl15 Website.

    1. You agree to not engage in the use, copying, or distribution of any of the lonelygirl15 Content and User Submissions (defined below) other than expressly permitted herein, including any use, copying, or distribution of User Submissions (defined below) obtained through the Website for any commercial purposes.

    1. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any lonelygirl15 Content or enforce limitations on use of the Website or the Content therein.

    1. You understand that when using the Website, you will be exposed to User Submissions (defined below) from a variety of sources, and that lonelygirl15 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions (defined below). You further understand and acknowledge that you may be exposed to User Submissions (defined below) that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against lonelygirl15 with respect thereto, and agree to indemnify and hold lonelygirl15, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

  1. Your User Videos and User Comments

    1. As a Registered User or user of the Website, you may submit video content ("User Videos") and textual content as comments on the Video View Pages, posts in the Forums, and/or posts on the LGPedia as well as images or photographs ("User Comments") (collectively "User Submissions"). You understand that whether or not such User Submissions are published, lonelygirl15 does not guarantee any confidentiality with respect to any User Submissions.

    1. Portions of the Website may provide you and other users an opportunity to participate in Forums, Video View Pages, the LGPedia, profile pages, and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize lonelygirl15 to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. User Submissions do not reflect the views of the Website or lonelygirl15. We do not monitor, endorse, edit or screen any User Submissions, although we reserve the right to do so, nor shall we be liable for any User Submissions that are in violation of this Terms of Service. In no event shall the Website or lonelygirl15 have or be construed to have any responsibility or liability for or in connection with any User Submissions whatsoever; however, if we determine, in our sole discretion and judgment, that any User Submission does or may violate any of the terms of this Terms of Service, we reserve the right, at any time and without limiting any and all other rights we may have under this Terms of Service, at law or in equity, to: (a) refuse to allow you to post User Submissions; (b) remove and delete User Submissions; (c) revoke your right to use the Website; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Terms of Service, including, without limitation, blocking specific IP addresses or deactivating your registration on the Website.

      1. User Comments

        1. lonelygirl15's License to Registered Users

        1. User Video Creator's License to Registered Users

      1. User Videos

        1. Derivative Videos are videos that are derivative works of the intellectual property owned by lonelygirl15 and relating to the lonelygirl15 Series, Kate, or other Series Spin-Offs, including, but not limited to, ideas, characters, symbols, storylines, images, music, sounds, or video from the Series, Kate, or other Series Spin-Offs ("lonelygirl15 Intellectual Property"). lonelygirl15 hereby grants all Registered Users a worldwide, non-exclusive, royalty free, irrevocable license to make Derivative Videos using the lonelygirl15 Intellectual Property on the following conditions: 1) the Derivative Video is created and distributed for non-commercial purposes; 2) the Derivative Video is uploaded or submitted to the Website; 3) a link to the Website is included wherever and whenever a Derivative Video is distributed, posted, submitted, or uploaded anywhere other than the Website; and 4) other people can make their own Derivative Videos from your Derivative Video under the same terms and conditions as this license.

        1. Original Videos are videos that do not contain lonelygirl15 Intellectual Property or other intellectual property owned and controlled by lonelygirl15.

          1. Licensing Original Videos to Registered Users

          1. Licensing Original Videos to lonelygirl15 and the Website

          1. lonelygirl15 does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and lonelygirl15 expressly disclaims any and all liability in connection with User Submissions. lonelygirl15 does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and lonelygirl15 will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. lonelygirl15 reserves the right to remove User Submissions without prior notice.

  1. Account Termination Policy

    1. lonelygirl15 will terminate a user's access to the Website if, under appropriate circumstances, they are determined to be a repeat infringer.

    1. lonelygirl15 reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. lonelygirl15 may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

  1. Digital Millenium Copyright Act

    1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    1. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

      1. Your physical or electronic signature;
      2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
      4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

  1. Other

  1. Copyrights © / Trademarks ™

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