Help

Legal Agreement

Thank you for using Lulu ("Site"). The terms set forth in this document apply to all participants in the services marketplace section of Lulu who sell services ("Providers") or purchase services ("Purchasers"), and constitute a binding, legal agreement ("Agreement") between the Provider or Purchaser and Lulu (Lulu Enterprises, Inc., and Lulu Press, Inc.--collectively, "Lulu" or "We").

Please read the information below carefully. We may revise these terms from time to time by updating the text posted on this page. Revisions will take effect when we post them.

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.

The Services Marketplace is not for minors* *

Use of the Lulu services marketplace is only for individuals who can enter into legally binding contracts under applicable law.

Changes to the Site

We are always striving to improve and expand Lulu, which includes adding and changing features available on our site. For that reason we may modify this Site and the services available at it without notice or liability to users. We may also discontinue the Site and its services without notice or liability.

Lulu does not provide services* *

First and foremost, Lulu provides a means for individuals and businesses to publish and sell books and other intellectual property. Many Lulu users want or need services that Lulu does not provide. For that reason we have added the Services Marketplace to the Site in order to bring purchasers and service providers together.

Lulu provides the marketplace, but is not directly involved in transactions between Purchasers and Providers. It is important to recognize that Lulu has no control over the truth, accuracy, quality, or legality of statements made by users. Accurately identifying individuals through the Internet can be difficult or impossible. For that reason Lulu cannot and will not confirm the identities of users. We are also unable to verify the expertise, abilities, or qualifications of service providers.

We urge all Users to be cautious and to exercise common sense and good judgment when dealing with any Provider or other user of the Site. Talk to other users and take advantage of the ratings systems available before and after purchasing services.

Lulu adds a finder's fee to transactions between Purchasers and Providers in the marketplace because Lulu provides the means for Providers to find new customers. Providers and Purchasers are responsible for complying with all tax and legal requirements for any legal entity.

Lulu offers a list of providers of services

A number of providers offer services through Lulu. Listings include information and descriptions posted by the Providers themselves, and may also include reviews, ratings, or other information posted by users. Lulu offers this information as a service to Purchasers and cannot confirm or verify the information in the listings, including their truth, accuracy, or quality. Exercise caution and common sense as a Purchaser. You agree not to hold Lulu liable for loss or damage incurred as a result of the use of information contained within Provider listings.

Communicating with providers and other users

When you communicate with other users of the Site, that communication is between you and them. This includes communication related to the terms of goods or services being purchased, and to their delivery and/or execution. You agree not to hold Lulu liable for loss or damage as a result of your dealings with other users.

Third Party Content, Verification and Monitoring

Lulu offers a marketplace for content published by third parties and other Site users. Lulu has no editorial control over content published by users. Any opinions, advice, statements, services, offers, or other information expressed or made available by Lulu users--including authors, publishers, service providers, and others--are those of the respective author(s) or distributor(s) and not of Lulu. Lulu does not endorses or assume responsibility for the accuracy, reliability, or value of any opinion, advice, information or statement offered by Lulu users. Lulu does not verify if service providers are qualified to provide the services or advice they offer. You understand and acknowledge that Lulu is not responsible for and does not monitor content for accuracy or reliability.

Ratings System

As part of a community of Users, you will benefit from being able to read and post public feedback about other Users. You also agree to receive feedback from Users with whom you have dealt and to allow Lulu the option of assigning a composite feedback rating based on ratings entered by individual users. Lulu ratings are provided in order to allow the community of users to express itself and as a resource for new users. Lulu does not monitor or censor ratings, nor does Lulu investigate comments and ratings for their accuracy or reliability. Please note that you may be held legally responsible for damages suffered by other Lulu users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Under federal law, Lulu is not legally responsible for any feedback or comments posted or made available on its site by any users or third parties, even if that information is defamatory or otherwise legally actionable. You agree _not_ to take any actions that undermine the integrity of the ratings system.

Posting of Information on the Site**

You will be allowed to post information, data and text to publicly accessible and limited-access areas (including but not limited to the private "Workspace" area) of the Site. Please keep in mind that you cannot post protected materials, including logos, seals or slogans from third parties, on any part of the Site unless they are provided by Lulu or you have sought and received express permission from the owner. By posting any content on the Site--including photos, text, logos, and the like--you certify that you are the owner, or have explicit permission to post that content, or that it resides in the public domain.

Lulu must retain certain rights in order to operate the site. None of these rights are intended to infringe on or exploit in any way your ownership of your own content. But so that We can administer the Site electronically--including archiving our file systems--we must request the following: when You post information, text, files, links, attachments, software or other materials ("Content") to publicly visible areas of the Site, You are granting, or warranting that the owner of such Content has expressly granted, a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed. Again, this clause is in no way for the purpose of exploitation of your intellectual property rights. You remain free to retire the content or services you post to the Site at any time.

As always, please use good judgment when posting information, remarks or other Content regarding other users, service providers, Lulu or any other third party. You may be held legally responsible for damages suffered by other Users, Lulu or third parties as a result of legally actionable or defamatory comments, remarks or other information or Content which You post to Lulu. Under federal law (specifically, the Communications Decency Act of 1996), Lulu is not legally responsible for any remarks, information or other Content posted or made available on its Site by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. Lulu is not responsible for and does not monitor or censor Content for accuracy or reliability. However, Lulu reserves the right to remove or restrict access to any information or Content posted or made available on its Site by its users or any third party if ordered to do so by a court or if Lulu considers such information or Content to be in violation of its Member Agreement> or other posted rules or policies, including information or content We consider to violate our community standards--in other words content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, illegal, or overly disparaging toward other community members. Lulu will remove content at its sole discretion for any reason it deems appropriate.

Contact Between Users Outside of Lulu

If you are a Service Provider, you agree _not_ to accept work from Lulu Users who contact you outside the Lulu Services Marketplace. You are likewise prohibited from making offers or advertising your services specifically to Lulu Users outside of the Services Marketplace. You agree that should Lulu become aware of a violation of this policy, your account may be disabled and you will be prohibited from participating in the Lulu Services Marketplace.

If you are a Purchaser of services, you agree _not_ to seek to contact the Services Providers listed in the Lulu Services Marketplace outside of the Marketplace itself for the purpose of purchasing services. You agree that should Lulu become aware of a violation of this policy, your account may be disabled and you may lose the ability to publish and sell content on Lulu.

Provide Accurate Information

You agree to provide true, accurate and complete information as prompted by the sign-up form, and to maintain and update such information. Whenever You post any information on Lulu, You agree to provide true, accurate and complete information. Lulu reserves the right to terminate Your account if we discover that the information You provide or post is not complete or accurate. Using pseudonyms for public purposes is acceptable as long as your Remit To address in your My Lulu profile is accurate and true.

Guard Your Password

You must safeguard the email address and password You use to access Lulu. You authorize Lulu to assume that any person using the Site with Your User ID and password either is You or is authorized to act for You. Your Lulu account and User ID is nontransferable.

Privacy

Please see our Privacy Pledge>, which is incorporated herein by reference.

User Obligations

You agree NOT to do any of the following while using the Site:

• Violate any applicable law or regulation;
• Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access non-public of the Site may be subject to prosecution;
• Tamper with postings of other users;
• Solicit or gather any user's information available from the Site, such as names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters;
• Do anything that would create or impose an unreasonable or disproportionately large burden or load on the Site;
• Impersonate or misrepresent Your affiliation with any person or entity.
• Post false or misleading information about a product, service or service request;
• Post or transmit any Content that infringes a third party's intellectual property rights or rights of publicity or privacy;
• Post or transmit any Content that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
• By uploading Content to the Site you represent and warrant that the Content is owned by you, or to the extent owned by someone else, that you have obtained that party's permission to provide the Content to Lulu for use, copying and distribution under the license in this Agreement;
• Violate any other policies stated on the site, such as the Member Agreement>.
• Repeat any action after you receive warning or request to desist from Lulu, whether or not that action is explicitly stated in policies. This includes continuing to use Lulu under the same account, a different account or reregistering under a new account after your membership has been temporarily suspended, indefinitely suspended or terminated.
• Fail to respond to an email from Lulu regarding violation, dispute or complaint.

Buying and Selling Services on Lulu* *

* *

You agree to:(a) be financially responsible for Your use of Lulu and purchase of products or services; (b) abide by Lulu's guidelines on posting projects and bidding on projects, which may be updated from time to time; and (c) perform your obligations and complete the transaction as specified by the terms of your the posted project and or your bid or Business Terms agreement, whichever is more recent, once you have selected a service provider or and the service provider has accepted a project, respectively, unless such transaction is prohibited by law or by this Agreement. Specifically, upon acceptance of a bid, the buyer agrees to purchase the services and the service provider agrees to provide the services according to the terms of the final bid or Business Terms agreed to by the parties, subject to any further increase or decrease in project scope. If the scope of the project increases beyond the final bid price after the project begins, the parties are bound to negotiate the purchase of additional services as necessary via the online Lulu purchasing system, as described below, including Lulu's transaction fee.

Invoicing on Lulu

Service Providers are required to accept payment through the Lulu system for any projects initiated through the Lulu services marketplace. For each project accepted on Lulu, You agree to accept the payment delivered for the project via the Lulu payment system. Payments that change hands outside of the Lulu payment system may result in immediate suspension of User's account.

Buyers are not obligated to pay invoices for services purchased through the Services Marketplace which are sent to them through other means. Invoices received by other means should be considered invalid by the buyer.

Circumvention of Lulu's Fee Structure

You agree not to engage in any action or activities meant to circumvent our site or our stated fees. Prohibited systems or techniques include (but are not limited to) the following:

• Offer a service directly to a buyer who has posted a project through Lulu, not using the site to place a bid and accept an award;
• Any agreement between buyer and seller to mislead or defraud Lulu by conducting a transaction at different cost than the price advertised on Lulu;
• Advertising, spamming or offering services to buyer outside of Lulu without receiving request for contact from buyer.;
• Suggesting/soliciting buyer contact you directly to buy services outside of the Lulu Services Marketplace.

Penalties

Regardless of whether Lulu sends an email notification, You will be considered to have received a notice when it is made available to You by posting on the Site.

Cancellation

To cancel your account, click on My Account tab and choose the "Cancel My Account" option. You will be asked to confirm the action before canceling. You may also notify Lulu via support@lulu.com, fax (1-919-459-5867) or certified mail at:

Lulu, Inc.
860 Aviation Parkway, Suite 300
Morrisville, NC 27560
Re: Account Cancellation

Purchases cannot be cancelled by canceling an account.

In any communication with Lulu for any reason, please include your full name and your Lulu-registered email address. Please detail the nature of your request.

Lulu may cancel Your account if We reasonably believe that You have violated or acted inconsistently with the letter or spirit of this Use Agreement, or violated our rights or those of another party. Lulu reserves the right to terminate any user for any reason, at its sole discretion. We will notify You if We cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, We will notify You that Your account will be canceled if the law requires such notification. When Your membership is canceled, You may no longer have access to data, messages, files and other material You keep on the Site. The material may be deleted along with all Your previous posts and products. The provisions entitled "Errors and Disclaimer of Warranties," "Indemnity," "Limitation of Liability," "Audit Provisions and Maintaining Records," "Reservation of Rights," and "General Provisions" will survive cancellation of Your registration. If Lulu terminates this Agreement based upon Your breach of any portion of the terms, Lulu reserves the right to refuse to provide registration and/or membership to You in the future.

Links

The Site may contain links to other web sites or resources. You acknowledge and agree that Lulu is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that We endorse the linked site. You use the links at Your own risk.

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 from your access to, use of, or inability to use 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, officers, employees, its 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.

Lulu is not responsible for any liability related to the completion, timeliness, adequacy, and/or payment for services listed on our Site. Any questions, complaints or claims related to the completion, timeliness, adequacy, and/or payment for services should be directed to the appropriate service provider.

If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs.

Reservation of Rights; Limited Licenses

Lulu and its licensors shall retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. User acknowledges that the Lulu logo and name are trademarks of Lulu, Inc. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners.

Errors and Disclaimer of Warranties* *

USE THE SITE AT YOUR RISK. We endeavor to provide a convenient and functional Site, but We do not guarantee that it will be error free or that the Site or the servers that operate it are free of viruses or other harmful components. We urge You to keep backup copies of material You maintain on or use with the Site.

As mentioned above, We remind You to use caution in Your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.

The Site and all software, services, information, materials, forums, tools and Content provided or offered on the Site are provided or 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 by Lulu, 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.

Indemnity

You agree to defend, indemnify, and hold harmless Lulu, 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, officers, employees, its 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 including without limitation claims against Lulu for unsatisfactory performance of services listed on the Site 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.

General Provisions

You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries.

If any part of this Use Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Use Agreement is personal to You and You may not transfer, assign or delegate this Use Agreement. Any attempt by You to assign, transfer or delegate this Agreement shall be null and void. 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.

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 involving Lulu Enterprises, Inc. related to this Agreement or the Site 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, N.C. 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 and shall be enforceable in any court of competent jurisdiction.

The Use Agreement and the agreements referenced in this Use Agreement comprises the entire agreement between You and Lulu with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site.

We encourage You to print out a copy of this Agreement for Your records.

Payment and Billing Service Terms

This Payment and Billing Service Terms of this Agreement (this "Services Agreement") may affect your rights regarding your purchase or sale of services through Lulu ("Site"). Please read it carefully. By offering or purchasing services through Lulu, You accept the terms and conditions set forth below and assert that the information that You provide is truthful and correct.

Capitalized terms not otherwise defined in this Services Agreement shall have the meanings given such terms in our member agreement, which is incorporated into this document by reference. By agreeing to the terms of this Services Agreement, You agree to accept all disclosures and all other communications between us electronically at the email address You provide.

Payment for Services

All registered Services Providers on Lulu must hold valid PayPal accounts, subject to the terms specified by the PayPal User Agreement . Lulu is in no way affiliated with PayPal and cannot guarantee its service. Lulu relies on PayPal for some transactions as a matter of convenience for us, providers, content publishers, and buyers.

If you have offered and sold Services on the Site, the amount you are owed will be visible in your account under the 'sales statistics' link that appears in your Store account information. No later than 31 days following the end of the month in which services were purchased, Lulu will make a good faith effort to pay you using the contact information in our records.

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 monies to cover administrative costs.

Prior to offering services on Lulu, We will require you to provide taxpayer information as required by the United States Internal Revenue Service ("IRS") for the purpose of issuing a 1099 form for your earnings. If monies paid to you by Lulu hereunder are not subject to income taxation in the United States, you will be required to confirm this fact in connection with the services-offering process. By so confirming you hereby (i) represent and warrant that all such monies are not subject to income taxation in the United States; (ii) agree to forever release Lulu and its representatives from all obligations and liability in connection with filing a 1099 form with the IRS for such monies; and (iii) agree to indemnify, defend, and hold Lulu and its representatives harmless from and against any and all claims arising out of or relating to taxation of such monies, including, but not limited to, payment thereof. Absent such confirmation, the provisions of the first sentence of this paragraph shall apply to all monies paid to you by Lulu hereunder.

Lulu shall not pay or return any funds to any Users of the Lulu Site if directed not to return such funds by any international, federal, state or local authorities or if doing so would violate or, in Lulu's estimation, would likely violate, any international, federal, state or local laws, regulations or other legal restrictions.

Lulu acts solely as the Service Provider's agent to facilitate all payment transactions. Service Providers agree to properly discharge and credit Buyers for all payments Lulu receives regardless of when and whether Lulu credits the Service Provider for such payments.

Lulu is not acting as a bank, thus amounts transferred between Buyers and Sellers through Lulu should not be considere deposits and are not insured.

Lulu billing and fees operates in US Dollars and therefore Lulu cannot assume responsibility for normal currency fluctuations that may occur when billing or crediting a credit or debit card denominated in a currency other than US Dollar.

Service Provider Accounts.

In the event of a dispute between a Buyer and a Service Provider, funds in an Account may be frozen and refunded to a Buyer upon the resolution of such dispute. If Lulu determines, at its sole discretion, that a Service Provider has violated this any part of this Agreement, Lulu may refuse to credit the Service Provider's Account. Lulu may earn and retain interest on the balances in its accounts that accrue in between Buyers' purchases and our payment of Providers.

Lulu Fees on Transactions

Lulu charges a small transaction fee ("Transaction Fee") on each service sold through Lulu. For providers, the Transaction Fee is a percentage of the total amount actually paid for services by Buyers. Providers will have the option during the process of offering their services to set the amount they wish to receive, and to view the Lulu fee and final cost of the service prior to approving it for offer. The fee paid by buyers for any given service is the price shown.

Lulu service providers and buyers are responsible for meeting payroll, tax and legal requirements for any legal entity.

Lulu reserves the right to change the method of calculating the transaction fee at any time. Any change to transaction fees will apply only to projects accepted after notification of the changed fee.

Security

Lulu is committed to providing You with a safe and secure e-commerce environment for all transactions.

Disputes Between Buyers and Service Providers

Lulu will not engage in disputes between Service Providers and Buyers. By using the Services Marketplace, You acknowledge that Lulu will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. Lulu may, at its sole discretion, but shall not be required to, withhold or delay payment in the event of dispute between a Buyer and a Service Provider.

Right to Refuse Service

Lulu may refuse to serve any user at its discretion without explanation.

Lulu may amend this or any other Agreement on the Site at any time by notifying affected users. If a User does not terminate his or her account, We will consider that User to have accepted the changes to the Agreement. Lulu will not waive any of its rights or obligations under this agreement unless the terms are in writing and signed by an authorized representative of Lulu.

Posting Services

You agree to NOT post any of the following:

• Fake or test offers: Services offerings that you do not intend to complete if purchased or completed only to determine pricing information
• Advertisements or service offers except as specified in this Agreement
• Service related specifically to adult content or businesses
• Services related to bulk email/"SPAM" including but not limited to bulk email hosting, scripts, programs, proxies, lists, and relay servers

Violation of these rules may result in suspension and/or cancellation of your account. If you are aware of a potential violation, please fill out our report abuse form.

Community Policing

All content posted to Lulu must comply with our Community Use policy>. Members of the Lulu Community are encouraged to remain involved in the process of maintaining these standards.