The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to Lulu's website (the "Site"), and constitute a binding, legal agreement ("Agreement") between you and Lulu Press, Inc. ("Lulu"). We encourage you to print and keep a copy of this Agreement for reference.
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.
Lulu is a tool to facilitate the exchange of information and knowledge in the world. We provide a service to enable our members to publish, and other people to purchase, digital content in on-line, eBook, DVD, CD-ROM, or other electronic 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 members, and facilitate our member’s receipt of other services from third parties.
Pre-publishing, marketing, distribution, and other tools and services are available for purchase or for free at http://www.lulu.com/services/ (the “Additional Services Site”). Use of these tools and services generally requires that you register and become a Lulu member.
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.
As a User, you agree not to use the Site to:
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.
If you obtain Content or other materials off of the Site, you agree to the following restrictions with respect to such materials and the information contained therein:
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 payment of any local taxes that may be payable in connection with any purchase from the Site.
Technical, maintenance and other issues may make the Site 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 USERS’ PURPOSES. Lulu may 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.
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 DOES NOT 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.
IN NO EVENT SHALL LULU 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 OR SOLD THROUGH THE SITE, OR ANY TRANSACTION ENTERED HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF LULU OR ANY OF ITS OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, 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 INTO THROUGH OR IN CONNECTION WITH 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.
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, 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 that may be contained in such materials. Any and all other uses of the Content or other 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 such materials. 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, or in any intellectual property rights protecting such materials and subject matter. FOR AVOIDANCE OF DOUBT, AND WITHOUT LIMITING THE FOREGOING, YOU HAVE NO RIGHT TO POST, MAKE AVAILABLE TO OTHERS, OR OTHERWISE DISTRIBUTE IN ANY FORMAT ANY ELECTRONIC MATERIALS DOWNLOADED FROM THE SITE OR ANY DERIVATIVE WORKS OF SUCH MATERIALS.
The Lulu logo and the names of all Lulu products and/or services as posted on the Site are either trademarks and/or service marks or registered trademarks and/or service marks of Lulu.
This Agreement is binding. It cannot be changed, except as provided in 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 term of this Agreement is intended to be severable. If any term of this Agreement is found to be invalid or unenforceable, then such term will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the term will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
Lulu’s headquarters and principal operations, including control and supervision of the Site, are based in Raleigh, North Carolina. This Agreement is governed by the laws of the State of North Carolina, without regard to its "choice of law" or “conflict of laws” provisions that would apply the laws of another jurisdiction. 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 delay in 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 an 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.
References to business “partners” in connection with Lulu’s operations refer to organizations with which Lulu has business relationships and do not imply formal legal partnerships.
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 effectively terminate this Agreement by ceasing to use the Site. All provisions of this Agreement relating to disclaimers, limitations of liability, and proprietary rights shall survive termination.
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 that change.
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:
Lulu Enterprises, Inc.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
E-mails sent to firstname.lastname@example.org for purposes other than communication about copyright claims may not be acknowledged or responded to.
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Revision date: 14 April 2010