Terms and Conditions
Picture.com Terms and Conditions
- Electronic Communications
The communications between you and Lulu will be through electronic means, posting notices on the Site or via e-mail. For contractual purposes, you (a) consent to receive communications from Lulu through electronic means; (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Lulu provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing, and (c) agree to maintain an accurate and current e-mail address with Lulu and hold Lulu harmless for any lack of notice based upon a your failure to maintain an accurate and current e-mail address with Lulu.
- Use of the Site
You may access and use the Site solely for your personal, noncommercial use. Except as expressly authorized herein, the Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without Lulu’s prior written authorization. We reserve the right to alter or discontinue the Site, in whole or in part, at any time in Lulu’s sole discretion.
- Your Account
You may create an account with our Site by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of the username and password used to access your member account on the Site. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities and actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify Lulu of any unauthorized use of your account.
In order to create a member account on our Site, you must be at least 13 years of age. You represent to Lulu that you are at least 13 years old. If you are not at least 13 years old, please do not set up an account on our Site.
- Making Purchases
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice. Our current prices can be found on our Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors and may vary from the actual color in the products. The inclusion of any products or services on our Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. Title and risk of loss for any purchases pass to you upon delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you).
- Content Submitted to Site
Any materials submitted by you to Lulu, including (without limitation) photographs, images, text, graphics and other materials (“Content”) are subject to the following terms and conditions:
- You will retain ownership of such Content, and you grant Lulu and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such Content in connection with any product or service you request. We use Content only in connection with products or services we provide that you request, and for no other reason unless specifically stated herein. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the Content for production, packaging and shipment. Similarly, if you want to share a photobook with third parties, Lulu will accommodate your request by making available your photos to third parties to download and/or to use and create projects of their own, and to purchase products with those photos.
- Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through Picture.com or otherwise are not proprietary to you, and such template or layout shall be the sole and exclusive property of Lulu or the licensor.
- You represent and warrant that you own or otherwise possess all necessary rights with respect to the Content, and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable. You agree and covenant that at Lulu's request, and without further consideration, you will promptly provide Lulu with reasonable evidence of such adequate and enforceable rights of third parties (i.e., consents, approvals, licenses or sublicenses), and agree that Lulu may provide a copy of these Terms to anyone claiming an infringement of copyright/trademark relating to your Content or to law enforcement or other entities as required by law or as Lulu reasonably determines to be necessary to protect its rights or the rights of others.
- You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in the Content to use such individual’s likeness, for purposes of using and otherwise exploiting the Content in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to Lulu a copy of any such consents, releases and/or permissions upon Lulu’s request). If you do submit Content containing the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such Content.
- You agree that we may (but are not obligated to) filter any Content (including, without limitation, deleting or replacing harmful or offensive images, expletives or other harmful or offensive language), alter or refuse to use any Content (including, without limitation, suspended processing and shipping of any order relating to any Content) and/or disclose any Content and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to protect ourselves or our affiliates, printers, distributors, partners, licensors or other third parties, or to comply with legal obligations or governmental requests.
- Your Content may be removed from our Site at our sole discretion. Lulu is not responsible for, and will have no liability for, the removal or non-removal of any Content from our Site. We recommend you keep back-up copies of your Content on your hard drive or other personal system.
Users may not use the Service to process Prohibited Content. Generally, Prohibited Content includes but is not limited to Content or other material that Lulu believes, in its sole discretion:
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
- Comprises copyrighted or trademarked material used without the express permission of the owner;
- Violates or otherwise encroaches on the rights of others;
- Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service;
- Advocates illegal activity;
- Hacks, destabilizes or adapts the Service, or alters another website to falsely imply it is affiliated with the Service;
- Uses any high volume automated means (including robots, spiders or scripts) to access the Service;
- Broadcasts or sends any form of advertising, mass communication or solicitation to users;
- Harms anyone, including minors; or
- Provides a link to any of the above.
YOU MAY NOT INCLUDE “PUBLISHED BY LULU,” “PUBLISHED BY PICTURE.COM,” “LULU PUBLISHING” OR ANY OTHER REFERENCE THAT DIRECTLY OR INDIRECTLY SUGGESTS OR IMPLIES THAT LULU OR PICTURE.COM IS THE PUBLISHER OF THE BOOKS OR OTHER PRODUCTS THAT YOU CREATE USING THE SERVICES INCLUDING BUT NOT LIMITED TO, BOOKS OR OTHER PRODUCTS, AS WELL AS COMMUNICATIONS IN EMAIL, WEBSITES, SOCIAL MEDIA AND FORUMS.
Lulu has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Lulu does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Lulu may delete, move, and edit Content for any reason, at any time, without notice. All Content (whether private or public) processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content. By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure. Lulu in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.
- Limited License
Subject to and conditioned upon your compliance with these Terms, Lulu grants to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the Site, including any photographs, images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your Content), solely as made available by Lulu and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Site or create derivative works of any portion of the Site without the written consent of Lulu. While using our Site, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- Restrict or inhibit any other user from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- Violate any applicable laws or regulations;
- Upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes Lulu or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, or other destructive items;
- Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Site; or
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site.
If you fail to comply with the above rules as determined in Lulu’s sole discretion, such failure shall constitute a breach of these Terms, and, in addition to any other rights or remedies Lulu may have, Lulu may immediately terminate your access to and use of the Site.
- Limited Warranty and Return Policy
Lulu warrants that, subject to minor differences across products and printing and manufacturing partners, the prints, books and other products will be free of any defects in material and workmanship. Lulu may, as your exclusive remedy, replace any print, book or other product it finds defective at its sole discretion, if you report such defect to Lulu within fourteen (14) days of delivery. Lulu does not proof, edit or change any of the Content in prints, books or other products you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) your typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images you provide that may appear blurry in print; (c) design issues, including book format, organization, style, color and page layout that you choose; or (d) any other creative choices that you make related to the print, book or other product. YOUR CONTENT CANNOT BE EDITED ONCE IT IS UPLOADED TO THE WEBSITE FOR PRINTING. Therefore, you agree that you will not upload Content unless it has been fully proofed and you are satisfied that it is ready to be printed. Lulu is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Service.
- Contests and Other Promotions
- Each promotional offer claim code can be used only once.
- Limit one offer per account.
- The offer must be redeemed at our Site or Lulu.com, toward the purchase of products sold by Lulu. If Lulu is not the seller, that fact will be noted on the product detail page.
- The offer may not be available to be redeemed at any other website operated by Lulu, its affiliates, or third-party merchants (including websites linked to or from the http://www.lulu.com site).
- The offer cannot be used to pay for special-order titles, taxes, or shipping and handling charges.
- If the 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 must be created for each address. The offer will be applied to only one of the resulting orders. Some 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.
- The offer’s cash value is 1/100th of one cent.
- The offer is not for resale and is not redeemable for cash.
- The offer cannot be applied to orders already placed with Lulu.
- If there is a problem with items purchased using a promotional code and Lulu grants a refund, you will receive a refund based on the discounted amount of the offer.
Lulu reserves the right to refuse to honor any Promotion where we find, in our sole discretion, that you have abused our promotions and/or other processes to garner monies or other consideration by manipulation and/or other fraudulent and abusive techniques. If we find such activity to have occurred, we reserve the right to close your account, among other remedies.
- Mobile Applications
In order to use one of our mobile applications (“Mobile App”), you must install mobile software on your mobile device and create an account, input your account information into the Mobile App as requested, register for an account, and meet certain hardware and connection requirements which may change as the Mobile App evolves. You are responsible for any Internet connection fees and/or mobile carrier charges you incur when accessing or using the Mobile App. Should you uninstall the Mobile App from your mobile device, you may not be able to use all or some of the features of the Mobile App. We may use reasonable efforts to accurately display the attributes of photographs that you order through the Mobile App, including the colors of those photographs, however, the actual color you see is dependent upon your mobile device, and we cannot guarantee that your mobile device will accurately display such colors.
- Web Addresses (URLs)
We may provide you with access to and use of certain web pages and the corresponding web addresses (URLs). We do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide another web page and URL.
- Third Parties and Other Users
Content from users, advertisers, and other third parties are made available to you through the Service. Because Lulu does not control their content, you agree that Lulu is not responsible for any such content, including advertising and information about third party products or services. Â Lulu makes no guarantees about the accuracy, currency, suitability, or quality of such content, and Lulu assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Members, business members, advertisers, and third parties.
Your interactions with other users of the Site, or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other users, the advertiser, or third party. The foregoing also applies to any interaction between users (including the contribution and/or receipt of any Content) in the course of using the Service’s functionality to make contributions to the prints, books or other products of other users and to receive contributions from other users to your own prints, books and other products. You agree that Lulu will not be responsible for any loss or damage incurred as the result of any such interactions and dealings or with respect to any other user’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any user), Lulu is under no obligation to become involved; however, Lulu reserves the right to monitor disputes between you and other users.
The Service allows you to contribute Content to the print, books and other products of other users and to receive such contributions for your own print, books or other products. Please be aware that only the user who invites other users to contribute Content (“Invitor”) has control over if and how any Content that is contributed by such invited users (“Contributor”) is used in connection with the Service and any books or other products that may be created using the Service. Lulu only provides a platform for Invitors and Contributors to contribute and receive Content for a print, book or other project and it is solely up to the Invitors and Contributors to agree on the use of such Content and the use and distribution of any print, book or other product that may contain such Content.
You hereby release Lulu, its officers, employees, agents and successors from claims, demands, losses, damages, rights and actions of any kind including, without limitation, monetary damage, personal injuries death, and property damage, that is either directly or indirectly related to or arises from any interactions with other users. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- Third-Party Websites, Software and Services
Other websites may provide links to Lulu with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to Lulu, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. We shall have the right, at any time and in our sole discretion, to block links to Lulu through technological or other means without prior notice.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
- Copyright Issues
We are not obligated to review Content for copyright infringement, but Lulu is committed to protecting copyrights and expects users of the Site to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding Lulu should be sent to:
ATTN: Legal Department
Lulu Press, Inc.
3101 Hillsborough Street
Raleigh, NC 27607
You agree to indemnify, defend and hold us, our affiliates, parent companies, subsidiaries, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) your Content; (c) your activities in connection with the Site (including, without limitation, any and all purchases) and/or (d) any taxes, fees or penalties associated with your receipt of Creator Revenue or the sale of your Content.
You will not do anything to intentionally prejudice the rights granted hereunder, but in the event that you lose any rights or other licenses, consents or permissions relating to specific Content that are necessary for you to grant the rights you grant to us hereunder, or you receive notice of a third-party claim relating to Content which you reasonably deem to be of concern, you will immediately retire or delete such Content from our Site. Notwithstanding the foregoing, you will use commercially reasonable efforts to maintain the rights to the Content that you provide to us under this Agreement. Without limiting our rights or remedies under this Agreement, you will reimburse us for any refunds we make to Customers as a result of the withdrawal of Content under this Section. For the avoidance of doubt, nothing in this paragraph is intended to relieve you of your indemnification obligation above.
- Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, THE PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LULU AND ITS AFFILIATES, PRINTERS, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF LULU OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
LULU AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LULU, PICTURE.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER LULU NOR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, PRINTERS, DISTRIBUTORS OR PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PROVISION OF PRODUCTS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICE IS TO STOP USING THE SERVICE, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND THEREFORE IN ACCORDANCE WITH THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF LULU ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Policy for Idea Submission
Many of our users are interested in submitting ideas and suggestions for products and services to be used at Lulu, Picture.com and/or any of our other brands, either independently of, or in conjunction with, our internally developed concepts. We appreciate interest in improving the Site; however, please note that any such ideas or suggestions that you submit will be owned by Lulu, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Lulu. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending a letter to Lulu Press, Inc. 3101 Hillsborough Street, Raleigh, NC 27607 Attn: Idea Submission. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by Lulu in order to evaluate your idea or suggestion.
- Intellectual Property Notices
All trade names, trademarks and service marks on Picture.com, ReplayPhotos.com and Lulu.com are the property of Lulu. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours or in any manner that is likely to cause confusion. Nothing contained on Picture.com or Lulu.com should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
- Jurisdictional Issues
Lulu and its brands are controlled and operated from the United States. Our Site is not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. Lulu does not represent or warrant that the Site, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access Picture.com do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit Picture.com’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
- Relationship of Parties
You and Lulu are independent contractors and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, in your Content or otherwise, that would reasonably contradict anything in this section.
Lulu may give any notice required by these Terms by means of a general notice on the Site, electronic mail to your e-mail address on record with Lulu, or by written communication sent by first class mail or pre-paid post to your address on record with Lulu. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Lulu, addressed to the attention of its General Counsel (such notice shall be deemed given when received by Lulu) at any time by letter delivered by nationally recognized overnight delivery service to Lulu at the following address: Lulu Press, Inc. 3101 Hillsborough Street, Raleigh, NC 27607, ATTN: Legal Department.
- Force Majeure
A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any act of God.
These Terms are governed by and construed in accordance with the laws of the State of North Carolina, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Wake, North Carolina, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Either you or Lulu may terminate your access to the Site and to your account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to access and/or use the Site will immediately cease. Upon termination, you will have no further access to any information, files or materials related to your account, including, without limitation, any Content. Upon termination, Lulu may delete all information, files and materials related to your account, including any Content, and you agree that Lulu shall have no liability whatsoever to you or any third party as a result of a termination of your rights of access to your account and/or the deletion of any information, files or materials related to your account. In addition, Lulu shall have no obligation whatsoever to make any such information, files or materials available to you following a termination of your rights of access to your account.
- Retiring Content, Data and Content Retention Policies
You may choose at any time to retire your published Content. Retired Content will be deleted from Lulu’s database after a defined period of time, as set forth in the then current policies of Lulu. Lulu will retain any part of your Personal Data for as long as is reasonably required to fulfill the purposes for which it was collected. Data retained in backups will be removed only as the backups are purged in the normal course of Lulu’s backup procedures. Generally, your Content will only remain accessible for defined periods of time, depending on the type of Content (e.g., retired, unpublished draft, prior revisions, questionable content, etc.). This type of Content will be deleted from Lulu’s database after a defined period of time, as set forth in the then current policies of Lulu. Accordingly, Lulu strongly recommends that you do not rely upon Lulu as a storage site for your Content.