Member Agreement - Lulu.com

A Note About Our Community

Lulu is a place where people can buy or sell many kinds of content. We feature novels, technical manuals, poetry, articles, photographs, animations, and content that defies easy categorization. In other words, we help people distribute information and art that span a wide range of subject matter. As such, we also set out to provide a safe, friendly, and serious site for people of all ages and backgrounds.

Lulu users range from elementary school kids researching papers to grandparents writing memoirs, from companies publishing technical manuals to authors selling their first novels. Because of this wide market, we plan to steer clear of content that might make the majority of our users squirm.

Our community has another maxim: that we support copyrights, which means that you cannot post content that you don't own or have permission to publish. We take all allegations of copyright violation very seriously. To that end, if you believe that material on Lulu.com violates your copyright, you are encouraged to notify Lulu via the “Report This Item” button on each piece of content. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Lulu or others, Lulu may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Lulu will have no obligation to provide a refund of any amounts previously paid to Lulu or owed to the user.

Below, you will find the terms and conditions for the use of Lulu's web site. Please don't hesitate to contact support if you have any questions about the statements contained in this agreement.

Member Agreement: Contents

Please read these terms carefully, since your use of any of the services constitutes acceptance of these terms and creates a binding legal agreement. Without limiting the foregoing, you must accept these terms by checking the box on the registration page if you wish to use any of Lulu’s services. If you choose to accept these terms, you must do so as they are presented to you; no changes (additions or deletions) will be accepted by Lulu.

Legal Agreement
Introduction
Content
Lulu Services and Community Services Marketplace
Community Use
Privacy
Payment Terms
Returns
User Registration and Information
Retiring Content and/or Terminating Membership
Restrictions on Use of Content
International Users
Operation of Site
Disclaimers
Limitation of Liability
Proprietary Rights
Miscellaneous
Term
Agreement and Amendments
Digital Millennium Copyright Act

1. Legal Agreement

The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to Lulu's website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and Lulu (Lulu Enterprises, Inc., and Lulu Press, Inc. – collectively, "Lulu").

Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.

2. Introduction

Lulu is a tool to facilitate the exchange of information and knowledge in the world. We provide a service to enable Users to publish, and other people to purchase, digital content in on-line, DVD, CD-ROM, or printed formats. Digital content ("Content") may consist of information, data, text, software, music, sound, photographs, graphics, video, messages or other materials. We also provide services to our Users, and facilitate our Users’ receipt of other services from third parties.

3. Content

When you post Content on Lulu's website, you keep your copyright, but you grant Lulu the nonexclusive right to provide a service to post, display, copy, and sell that Content within the limitations you set during the online publishing process.

If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content when sold. By including Personal Data in the Content you post, you authorize Lulu to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.

By posting your Content on the site, you grant that Lulu, in service to the creator may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and Lulu may make minor modifications to the Content for technical reasons. Of course, Lulu will credit you and/or the original artist, and we will usually ask you first. You further agree that Lulu may make minor modifications to the Content for technical reasons. We will not feature Content that you have marked "Direct Access" or "Available Only To Me." Any content you have marked “Available - General Access” may be fully indexed for text searching and entered into the Google Book Search tool and similar tools.

By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:

Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to Lulu for use as described above and, in either case, that the Content does not contain any Personal Data about any individual other than you.
Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
Does not invade any individual's right of privacy or publicity;
Does not contain material that is unlawful, obscene, defamatory, pornographic, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable. For more information about what is acceptable for General Access, please read our Availability Settings guidelines;
Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);
Does not break the law, encourage or facilitate the breaking of the law, or violate any applicable regulation or Lulu rule or policy;
Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person. Despite all this, Lulu cannot guarantee the accuracy, integrity or quality of Content.

Lulu reserves the right to refuse to permit your publication on the Site of any Content that Lulu, in its sole discretion, deems in violation of the terms and conditions set forth above.

In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.

Lulu reserves the right to reserve a portion of the back cover of any published Content for placement of a unique identifying number and barcode (this number will be the Content’s ISBN number, if an ISBN number is purchased by you through the Additional Services Site (as described in Section 4 below)).

As the owner of the Site (as described in detail in Section 16 below), Lulu reserves the right to place advertisements on the Site.

The person who created the Content is entirely responsible for it, and you are solely responsible for any Content you upload to Lulu. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Lulu responsible for any inadvertent damage to, corruption of or destruction of the Content. Lulu is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all Content. Lulu will not be responsible for archiving or backing-up any Content. If any Content transmitted to Lulu is damaged, lost or corrupted in any way, Lulu will have no obligation or liability to you. You are solely responsible for all Content you generate or forward to Lulu.

4. Lulu Services and Community Services Marketplace

Pre-publishing, marketing, distribution, and other tools and services are available for purchase or for free at http://www.lulu.com/en/services/ (the “Additional Services Site”).

The tools and services listed under the “Free Marketing Tools” heading on the Additional Services Site and which include a link to a website outside of lulu.com (“Free Third Party Tools and Services”) are subject to the terms and conditions of such outside website, and Lulu’s terms and policies do not govern. If you decide to leave this Site and access any such outside website or to use any tools or services from such outside websites, you do so at your own risk.

The tools and services listed under the “Community Services Marketplace” of the Additional Services Site are available from independent third party providers (“Community Services Marketplace Tools and Services”), but payment for such tools and services will be made to Lulu and subject to the payment terms and conditions set forth in Section 7 below. Your relationship with a third party supplier will be subject to that supplier’s terms and conditions (other than payment terms and conditions which are set forth in Section 7 below), if any.

The tools and services listed on the Additional Services Site (other than the Free Third Party Tools and Services and the Community Services Marketplace Tools and Services) are available for purchase from Lulu. These tools and services are subject to the terms and conditions set forth in this Member Agreement.

5. Community Use

As a User, you agree not to use the Site to:

Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm anyone, including minors, in any way;
Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
Interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
Employ a robot, spider or other process or device to harvest e-mail addresses or other User information or to monitor the activity on the Site;
Impersonate another person or entity or to forge any e-mail communication or message; and
Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.

In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.

Lulu reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect, or negatively affects site operations.. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.

6. Privacy

In general, Lulu collects Personal Data when you register with Lulu, when you use Lulu services and when you visit Lulu pages or pages related to the Content posted on Lulu pages. That information is used to fulfill your requests for products and services, to conduct research, to contact you, to contact those who purchase your Content (if you have selected to use the Lulu Thank You Note program) and to improve Lulu services. Lulu endeavors to limit access to your Personal Data to only those Lulu employees who reasonably need access to complete these purposes. You may view and edit your account information at any time.

Lulu will disclose Personal Data under the following circumstances:

In response to subpoenas, court order, other legal process, to establish or exercise Lulu's legal rights or defend against a legal claim, or as otherwise required by law;
As necessary to investigate or prevent violations of the terms of this Agreement, suspected illegal activity or threats to the physical safety of another person;
To Lulu's trusted partners who work on Lulu's behalf under confidentiality agreements;
If Lulu is acquired by or merged with another company; and
If you have enabled the Thank You Note buyer notification option, in which case you consent to Lulu's displaying the publisher name and e-mail address you provide for Thank You Note correspondence to purchasers of your Content.

Lulu will transfer your Personal Data to other countries where it does business, but will always treat your Personal Data according to the terms of Lulu's Privacy Pledge.

If you include your Personal Data in content that you upload for posting and/or purchase on Lulu's site, that information may be widely available to other users. Lulu does not exercise any control over those users and cannot guarantee that your Personal Data will be protected as described in Lulu's Privacy Pledge if you make it available as part of content posted on Lulu's site. If you do not want your personal information to be displayed as part of the content you upload, then you must delete it prior to uploading. Remember, you may not include Personal Data about other people in your Content. You also may not use Personal Data about other Lulu Users in a way that is inconsistent with Lulu's Privacy Pledge. If you do, you will have violated the terms of this Agreement, and Lulu may terminate your membership. Lulu is not liable for any damage that may be incurred due to use of Personal Data that was made available as part of Content posted on Lulu's site.

Lulu will set and access cookies to keep track of your login status. Please reference your browser's "Help" menu to learn how to change cookie preferences.

Your Personal Data does not include Your Lulu username, and any information you make available through your Public Contact settings. Your Lulu username and Public Contact information may be displayed on the site to other users.

For a complete description of Lulu's use and disclosure of your Personal Data and our contact information, please review Lulu's Privacy Pledge.

7. Payment Terms

In order to purchase Content, services, or tools on or through the Site, User must possess either a valid credit card or a PayPal account (https://www.paypal.com). During the publishing process, Users are asked to choose the amount of creator revenue they will receive for each piece of Content sold. If Lulu sells your content, and we receive payment, Lulu will pay you the creator revenue amount you chose. In general, Lulu's service fee is 20% of the gross margin resulting from the sale of Content. The gross margin is the net amount actually received for your Content after freight and manufacturing costs are subtracted.

For example, if a User publishes a book that costs $5.00 to manufacture and chooses to receive $4.00 in Creator Revenue, Lulu will set the price of your book as follows:

Manufacturing cost:	$5.00
Creator Revenue:	$4.00
Lulu service fee:	$1.00
Final price of book:	$10.00

In this example, the gross margin is $5.00, of which you get 80% ($4.00) and Lulu gets 20% ($1.00). Regardless of the foregoing, the minimum mark-up for Lulu's service fee is nineteen cents ($0.19). However, if you choose to make your Content free, Lulu waives its service fee altogether. Exceptions to the 20% margin rule may be applied in the case of special offers or discounts to Users who purchase their own Content in bulk.

If you have published and sold Content on the Site, the amount of Creator Revenue you are owed will be visible in your account under the "My Sales & Creator Revenue" box that appears on the "MY LULU information tab of the site. You may choose to receive the Creator Revenue you are due via PayPal or via paper check. Paypal payments may be made in Euros, GBP, or USD. All paper check payments are made in USD.

If you choose to receive your creator revenue via paper check, you will be paid on a quarterly basis. Specifically, no later than 45 days following the end of the calendar quarter, Lulu will make a good faith effort to pay you, using the contact information in our records. If Lulu owes you less than $20 for Content sales within a given quarter, we reserve the right, at our discretion, to roll your revenue forward to the following quarter until $20 is reached.

If you choose to receive your creator revenue via PayPal, you will be paid on a monthly basis. Specifically, no later than 31 days after the end of a month Lulu will make a good faith effort to pay you, using the contact information in our records. If Lulu owes you less than $5 for Content sales within a given month, we reserve the right, at our discretion, to roll your revenue forward to the following month until $5 is reached.It is your responsibility to update your contact information if it changes. If your account is inactive or terminated and we are unable to contact you using the contact information provided, we may also, at our discretion, charge a termination fee equal to the amount of unpaid creator revenue to cover administrative costs.

In order to use the basic Lulu Service you are not required to provide any taxpayer information. If you purchase advanced distribution services Lulu may require you to provide additional taxpayer information as required by the United States Internal Revenue Service ("IRS") for the purposes of information reporting and withholding.

Lulu.com Promotional Code Rules & Restrictions

Each promotional offer ("offer") claim code can be used only once.
Limit one offer per household.
Offer must be redeemed at our Web site, http://www.lulu.com , toward the purchase of products sold by Lulu.com. If Lulu.com is not the seller, it will be noted on the product detail page.
Offer may not be used in conjunction with the purchase of products sold by or through third-party areas such as Lulu’s Services Marketplace. Offer cannot be redeemed at any other Web site operated by Lulu.com, its affiliates, or third-party merchants (including Web sites linked to from the http://www.lulu.com site).
Offer cannot be used to pay for special-order titles, taxes, or shipping and handling charges.
If your offer has a minimum purchase requirement, taxes and shipping and handling charges do not apply toward the minimum purchase amount.
If you are ordering items to be shipped to more than one address, a separate order will be created for each address. The promotional offer will be applied to only one of the resulting orders. Some promotional offers may not be combined with other offers in the same order. Generally, only one promotional claim code may be used per order.
Each offer is valid for a limited time only and expires on the date specified in the offer.
Offer's cash value is 1/100th of one cent.
Offer is not for resale and is not redeemable for cash.
Offer cannot be applied to orders already placed with Lulu.com.
If there is a problem with items purchased using a promotional code and Lulu grants a refund, you will not receive a refund for the amount of the offer.
When you redeem an offer, Lulu.com can tell that you are part of a select group of customers to whom the promotional code was sent or distributed. For more information about data that Lulu.com collects from our customers, please read our privacy policy.

8. Returns

Content that has been purchased, whether in electronic or printed format, will be accepted for return only if it is damaged when received by the purchaser. If you receive a book, CD, or electronic file that is damaged in some way (missing, torn, or loose pages in books, inoperable CD's, etc.), we will be happy to provide a replacement copy. Please notify us by filling out the "report a problem" form from your Order History.

Due to the nature of the print-on-demand manufacturing process, it is not economically feasible to accept returns on physical products. We cannot guarantee the quality of the Content hosted by Lulu.

Because Lulu provides a creator-controlled publishing tool, the company cannot accept responsibility for the quality of the Content hosted and/or purchased (including misspelled words, grammatical errors, etc.), its formatting, design or overall appearance. The User approves the visual presentation and content of each item and bears responsibility for its quality and presentation. Lulu's staff does not monitor or check individual Content prior to publication through our web site.

9. User Registration and Information

We want to make sure that you have correctly completed the information in the User Registration form on the Site ("User Information"). In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Site. Remember, it is your responsibility to keep current all of your User Information on the Site.

You will have the opportunity to select a username and Password during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your username and Password, and (b) maintaining the confidentiality of your username and Password. Only one individual may access the Site at the same time using the same username and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, username or Password or any other breach of security regarding the Site of which you are aware. Lulu may refuse to grant you a username or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.

10. Retiring Content and/or Terminating Membership

If you wish to terminate your Membership, please contact support with a specific request to do so.

When you choose to 'retire' or 'delete' your Content from Lulu, it will no longer be available or visible to other visitors. If your Content has never sold a copy or been used in a collaborative project, you can delete it from your Project List. The exceptions to your ability to remove Content are as follows:

Content that you have granted permission to other Users to incorporate into collaborative projects. If Content has been incorporated into another work for sale on Lulu, then the derivative work remains available even when the original work is retired;
Content retained in our archives to the extent required by our data backup systems or, at Lulu's discretion, for archival purposes. Lulu will, however, retain any of your Personal Data only for so long as is reasonably required to fulfill the purposes for which it was collected;
Content that has been sold or used in another project may still be retired, but that Content will continue to appear on your Project List; and
Content that you have made available to purchasers in electronic formats may also remain available on the Site (in purchasers' Downloads) to Users who have purchased that Content.

Lulu does not retain any residual rights to deleted or retired work other than those outlined above.

If you choose to terminate your Membership, the terms above regarding the status of Content you have uploaded remain applicable.

11. Restrictions on Use of Content

If you purchase Content off of the Site, you agree to the following restrictions with respect to such acquired Content and the information contained therein:

You can resell your own physical content (printed books, CDs, DVDs) at your discretion and at whatever price you want;
You may not resell any other Content or otherwise profit from its use or display on the Lulu marketplace;
Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative work from the Content is permissible only if explicitly designated in the permissions included with the Content at purchase and only to the extent so explicitly designated. You agree to abide by any restrictions included with the Content;
The Content owners who sell Content through Lulu retain ownership of the copyrights or other licenses in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party; and
You will not remove or obscure any proprietary rights notices contained in or on the Content.

12. International Users

Lulu makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws and any local taxes that may be payable.

13. Operation of Site

Technical, maintenance and other issues may make Lulu unavailable from time to time. Lulu makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet User's purposes. Lulu may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.

14. Disclaimers

Everything on Lulu's Site and everything sold via the Site, including all software, services, information, materials, forums, tools and Content is offered by Lulu and its third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, Lulu cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site.

Regarding downloads, Lulu does not represent or warrant that downloading content or use of the site will be successful, and does not represent or warrant that any such downloading or use will not cause damage to your computer, data, software, files or peripherals. Lulu will not be liable for any damage to your computer, data, software, files, or peripherals that may be caused by your use of the site and downloading Content.

15. Limitation of Liability

In no event shall Lulu Enterprises, Inc. or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site, Content on the Site, or any transaction entered hereunder, whether in contract, tort or otherwise, even if Lulu or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of Lulu, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to Lulu in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.

The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Lulu, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against Lulu in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this agreement are as expressly set out in this agreement. Any warranty gives you specific legal rights. You may also have other rights, which vary from state to state or country to country.

Indemnification

If someone takes Lulu to court as the result of something you did in violation of this Member Agreement, you will pay for any damages or costs assessed against or incurred by Lulu. In other words, you shall indemnify and hold Lulu harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that Lulu may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto.

16. Proprietary Rights

Lulu is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties (including Content), which is owned by the licensors of such Content. Lulu owns the design, format and layout of the Site. Lulu authorizes Users of this website to use the Site and to copy materials posted on the Site strictly for their own personal, non-commercial use, provided you maintain all notices of rights on the Content. Any and all other uses of the materials posted on the Site are prohibited. Giving you permission to make a copy for your own use does not mean that you can do anything else with the Content. In other words, your authorization from Lulu does not extend to use of the design, format, or layout of this website, which may be further protected under applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorization granted above. In granting this authorization, Lulu grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.

The Lulu logo and the names of all Lulu products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of Lulu.

17. Miscellaneous

This Agreement is binding. It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

No rights provided by this Agreement are lost or diminished because of lack of use of such rights.

Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.

This Agreement is governed by the laws of the State of North Carolina, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Raleigh, North Carolina. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.

Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Lulu and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.

This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.

18. Term

This Agreement is effective until terminated. Lulu may terminate or suspend this Agreement immediately for any reason and without prior notice to you. You may terminate your Membership by following the “Cancel Account” link on your my Lulu page, or by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by Lulu. If you choose to terminate your Membership, the terms of this Agreement regarding any Content you have uploaded remain applicable. All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.

19. Agreement and Amendments

By completing the registration process and using the Site, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.

Lulu may change the terms in this Agreement from time to time. When the terms are changed, Lulu will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Lulu and discontinue your use of the Site. If you use the Site after Lulu has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.

20. Digital Millennium Copyright Act

If you believe that any material contained in this Site infringes your copyright, you should notify Lulu of your copyright infringement claim in accordance with the following procedure.

Lulu will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:

Nick Popio
Lulu Enterprises, Inc.
Fax: 919-459-5867
Email: npopio@lulu.com

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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;
A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to npopio@lulu.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

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Lulu Membership Agreement