Terms & Conditions
Lulu Junior 700 Park Offices Drive Suite 250 Research Triangle, NC 27709
REVISED: November 19, 2021
Lulu Junior (also referred to as “Lulu Junior” and “Site”) offers book-making kits and printing for completed kits. Lulu Junior’s site includes a store for consumer and wholesale purchasing of our products, and provides content including videos, guides, and helpful documentation. Lulu Press Inc (also referred to as “Lulu.com” and “Lulu”) is the parent company of Lulu Junior.
Please contact our Support Team with any questions about the terms of this agreement.
PLEASE NOTE THAT YOUR USE OF THE WEBSITE, OR THE TOOLS OR SERVICES ACCESSED FROM THE WEBSITE, DENOTES YOUR ACCEPTANCE OF THIS MEMBERSHIP AGREEMENT AND ALL OF ITS TERMS.
Before using Lulu Junior, please read the following Membership Agreement and Terms and Conditions of Use (“Terms” or “Agreement”) carefully. These Terms govern your (“you” or “your”) access to and use of the websites and services owned and/or operated by Lulu Junior. Your access to and use of the Site are expressly conditioned on your acceptance of and compliance with these Terms. Any use of the Site constitutes your agreement to these Terms. If you do not agree to these Terms, do not use the Site. Note that any violation of these Terms may result in termination of your ability to access and use the Site.
The Terms also include posted terms and conditions applicable to specific services and/or features, all of which are hereby incorporated by reference. Such additional terms and conditions (“Additional Terms”) will be posted for viewing in conjunction with the applicable feature or service. In the event of a conflict between these Terms (other than Section 11, 12, 13, and 14 of these Terms) and the Additional Terms, the Additional Terms shall control; with respect to conflicts between the Additional Terms and Sections 11, 12, 13, and 14 of these Terms, Sections 11, 12, 13, and 14 of these Terms shall control.
We reserve the right at any time to change all or any part of these Terms; change the Site, including eliminating or discontinuing any content or feature of the Site; and change any fees or charges for use of the Site. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or by electronic mail. Your continued use of the Site after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the 'REVISED' legend at the top of these Terms. It is your responsibility to ensure familiarity with the most current version of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content or feature of the Site; or any change in any fees or charges for use of the Site.
1. Use of the Site
Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by Lulu Junior to access the Site, we grant to you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access the Site, including any text, images, graphics, videos, visuals, sounds, data, files, links, and other materials incorporated into the Site (other than your Content), solely as made available by us, solely as necessary to access the Site, and solely for your own purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Site may include advertisements and that such advertisements are a necessary part of the Site. The Site, including all such materials and all intellectual property rights therein, remains the property of Lulu Junior or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display, or create derivative works of any portion of the Site without the written consent of Lulu Junior. Nothing herein grants any rights to commercially exploit any portion of the Site or any content therein. All rights not expressly granted hereunder are expressly reserved.
Maintenance and other technical issues may make the Site unavailable. Lulu Junior may, in its discretion, modify the features, availability, operation, and/or look and feel of the Site without notice.
LULU JUNIOR 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.
While using the Site you agree to comply with all applicable laws, rules, and regulations. In addition, we expect users of the Site to respect the rights of others. Your use of the Site is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Site pursuant to Section 6 below. While using the 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, falsely state or otherwise misrepresent your affiliation with any person or entity;
- 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;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- 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 our 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);
- Use the Site to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct;
- Engage in spamming or flooding;
- Attempt to upload files by any method to another user's account without permission;
- Access or use (or attempt to access or use) another user's content without permission;
- Use any device or software to interfere with the proper working of the Site or of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site;
- "Frame" or "mirror" any portion of the Site, or link to any page of or material on the Site other than the URLs provided by us to you for such purposes as part of the Site, without our prior written authorization;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site;
- Harvest or collect information about or from users of the Site without their express consent and, if such consent is provided, only pursuant to applicable law.
WE MAY SUSPEND AND/OR TERMINATE YOUR ACCESS TO AND USE OF THE SITE AND/OR ANY FEATURES MADE AVAILABLE THROUGH THE SITE IMMEDIATELY IF YOU FAIL TO COMPLY WITH THE ABOVE RULES OR OTHERWISE FAIL TO COMPLY WITH THESE TERMS. A DETERMINATION TO BE MADE IN OUR SOLE DISCRETION.
Content (“Content”) shall be defined as the contents of your completed kit sent to Lulu Junior for printing. This includes the digital file we create when processing your completed kit.
In the event that you return a completed kit, you will retain ownership of such Content. You hereby grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free (except as otherwise agreed during the online publishing process) right to use, reproduce, distribute (through multiple tiers), and publicly display such Content, solely in connection with the Site. 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 Lulu Junior are not proprietary to you, and can be used by Lulu Junior and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of Lulu Junior.
You represent, warrant and covenant that (a) you own or otherwise possess all necessary rights with respect to your Content; (b) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; (c) at Lulu Junior's request, and without further consideration, you will promptly provide Lulu Junior with reasonable evidence of such adequate and enforceable rights of third parties (i.e., consents, approvals, licenses or sublicenses), and agree that Lulu Junior 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 Junior reasonably determines to be necessary to protect Lulu Junior’s rights or the rights of others; (d) you will abide by any Content policy established in these terms and/or posted on the Site; and (e) you hereby 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 your Content to use such individual's likeness, for purposes of using and otherwise exploiting the Content in the manner outlined by these Terms (including for purposes of promoting the Site); or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from said individual's parent or legal guardian (and you agree to provide to Lulu Junior a copy of any such consents, releases and/or permissions upon request).
Any violation of this section, as determined in our sole discretion, can be cause to terminate your access to the Site.
None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Content (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any Content (including, without limitation, by suspending the processing and shipping of any order relating to any Content); and/or (c) disclose any Content, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the services on the Site; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
YOU ARE SOLELY RESPONSIBLE FOR RETAINING COPIES OF ANY CONTENT SENT TO LULU JUNIOR FOR PRINTING OR UPLOADED TO THE SITE. WE ARE NOT RESPONSIBLE FOR RETAINING YOUR FILE(S), AND MAINTAIN NO LIABILITY FOR THE LOSS OF FILES THAT ARE REMOVED IN COMPLIANCE WITH THESE TERMS AND THE SITES NORMAL FUNCTIONS.
Lulu Junior reserves the right to (a) reserve a portion of the cover of any printed book or any other Content for placement of a unique identifying number and barcode, and (b) delete Content from Lulu Junior’s database after a defined period of time, as set forth in the then current policies of Lulu Junior.
Kit Pages Retention
IlluStory and My Comic Book Kit: Pages from completed kits are retained for 12 months from the time we receive them. Kit files are stored in a secure location with limited access. Physical pages from completed kits older than 12 months are recycled in a secure manner.
Kit File (PDF) Retention
Lulu Junior creates electronic files for completed kits. These electronic files are retained to allow customers to reorder copies of their completed book. Lulu Junior reserves the right to remove any files we store at any time, without prior warning.
3. User Generated Content
The Site may allow users to generate and share content with other users. This content (hereafter referred to as User Generated Content) includes, but is not limited to: testimonials, user reviews, user comments, direct transmissions, advice and opinions, and blog posts. Any User Generated Content on Lulu Junior must comply with the Terms and any additional rules that may be in effect for users engaging in peer-to-peer interactions.
User Generated Content may include messages, statements, and opinions that are, whether intentionally or unintentionally, inaccurate, misleading, or deceptive, and may be objectionable. We neither endorse nor are responsible for User Generated Content displayed on the Site by users. The opinions expressed within User Generated Content reflect solely the opinions of the users and may not reflect the opinions of Lulu Junior. We are not responsible for any errors or omissions present in User Generated Content, for hyperlinks embedded in User Generated Content or for any results obtained from the use of such information. Lulu Junior, any of our affiliates, distributors, partners, licensors, advertisers, or sponsors, and/or any of our or their directors, officers, employees, consultants, agents, or other representatives are not liable for any loss or damage caused by your reliance on User Generated Content obtained through the Site. We may limit User Generated Content sent by or received through the Site and/or the amount of storage space available for User Generated Content or for any feature made available through the Site; to remove User Generated Content which is deemed to be, but not limited to, illegal, offensive, does not comply with these Terms, includes personal or private information, contains advertisements, or includes trademark or copyright materials.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any user of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You are responsible for paying any applicable taxes relating to your purchase. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Except at our sole discretion, tax cannot be refunded after purchase is complete.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual colors you see will depend on your device screen, and we cannot guarantee that your device will accurately display such colors. The inclusion of any products or services on the 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 the 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, discount, or 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 our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
5. Printing With Lulu Junior
Completed kits received, processed, and printed by Lulu Junior results in a printed book. The original printed book is returned to you and additional copies may be purchased through the Site.
Lulu Junior reviews your completed kit. We may, at our sole discretion, reject Content, as defined in section 2 of these Terms, that does not comply with the Content Restriction detailed in section 10 of these Terms.
6. Term and Termination
These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.
Upon termination of these Terms, your right to access and/or use the Site will immediately cease.
You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and username, and all related information and files associated with it (including all Content), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
7. Third-Party Websites, Software, and Services
Lulu Junior may direct you to websites, software, or services owned or operated by third parties (“Third-Party Properties”). Third-Party Properties, to which you may be directed, operate under their own Terms, and we have no control over such Third-Party Properties. We are not responsible for (a) the content and operation of such Third-Party Properties, or (b) the privacy or other practices of such Third-Party Properties. The fact that the Site directs you to such Third-Party Properties does not indicate any approval or endorsement of any Third-Party Properties. We direct you to such Third-Party Properties only as a convenience. You are responsible for the costs associated with such Third-Party Properties, including any applicable license fees and service charges.
Other websites may provide links to the Site 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 the Site, any content, advertising, products, or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
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.
We shall have the right, at any time and in our sole discretion, to block links to the Site through technological or other means without prior notice.
In addition, Promotions are generally subject to the following rules and restrictions, though Lulu Junior reserves the right to amend, update, change, or eliminate these Promotion rules at our sole discretion:
- Each promotional Offer claim code can be used only once.
- Limit one Offer per account.
- The Offer must be redeemed at our Site toward the purchase of products sold by Lulu Junior. If Lulu Junior is not the seller, that fact will be noted.
- The Offer may not be available to be redeemed at any other Website operated by Lulu Junior, its affiliates, or third-party merchants (including Websites linked to or from the 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.
- 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 and expires on the date specified in the Offer. We reserve the right to modify or cancel the Offer at any time
- The Offer's cash value is 1/100th of one cent USD.
- The Offer is not for resale and is not redeemable for cash.
- The Offer cannot be applied to orders already placed with Lulu Junior.
- In the event that Lulu Junior grants a refund on the order for any reason, you will not receive a refund for the amount of the Offer.
Lulu Junior accepts returns for up to 30 days from the date of purchase for unopened IlluStory and My Comic Book kits ordered from the Lulu Junior website. Returns for IlluStory or My Comic Book kits purchased at another retail site, physical store, or online marketplace are not accepted by Lulu Junior. To return your unopened IlluStory or My Comic Book kit, please mail the kit to:
ATTN: Lulu Junior Returns
P.O. Box 110046
Durham, NC 27709
Refunds will be issued to the payment method used at the time of purchase. Lulu Junior will contact you at the email address provided at the time of purchase to verify receipt of your returned kit and the refund amount.
An item that is “print-on-demand” is manufactured when the order is received. If you receive a book that is damaged, we will provide a replacement copy at our sole discretion based upon photographic evidence. Due to the nature of the print-on-demand manufacturing process, it is not economically feasible to accept returns on physical products. We may not require that damaged physical products be returned to us, nor do we guarantee returns will be accepted. Refunds are issued at our sole discretion.
10. Content Restrictions
If you purchase a kit and return the completed kit Content to Lulu Junior for printing, you agree to the following restrictions with respect to such Content and the information contained therein:
- You can resell physical copies of Content (printed books) you have purchased;
- You may not resell any other Content or otherwise profit from its use or display
Additionally, Lulu Junior will, in our sole discretion, reject completed kits containing any of the following:
- Pornography - Text, photographs and movies, home porn, hard-core material that depict graphic sexual acts, and amateur porn; photographs or drawings of penetrative sex, oral/genital contact, or genitals; photographs or drawings for the sole purpose of sexual arousal; and/or excessively objectionable or crude content are not permitted.
- Offensive Material - Disturbing crime-scene pictures, pictures of cruelty to animals, and any other extremely disturbing materials are not permitted. This includes content that Lulu deems promotes harm, threatens, promotes the harassment, intimidation or abuse of, or promotes discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender and gender identity, religious affiliation, age, disability, disease, or immigration status. Hate speech will not be tolerated. Be aware of cultural differences and sensitivities. Some materials may be acceptable or legal in one country, but unacceptable or illegal in another.
- Illegal Items - Content sold through the Lulu Site must adhere to all applicable laws. This includes the sale of content by individuals outside the United States. Some content that may not be sold include any products that may lead to the production of an illegal item or illegal activity. This includes textual encouragement to commit a crime (books supporting, encouraging or defending rape, pedophilia, incest, or bestiality or books detailing how to commit a sexual crime).
- Nazi Symbols - Your book cannot depict Nazi symbolism as outlined in the Strafgesetzbuch section 86a if the content is to be sold in Germany, Austria, Switzerland, or any other country that restricts Nazi propaganda. If a book violating Strafgesetzbuch section 86a (to be sold in Germany, Austria, Switzerland, or any other country that restricts Nazi propaganda) may result in your entire catalogue in being suspended.
- Items that Infringe Upon an Individual's Privacy - Content that infringes upon, or has the potential to infringe upon, an individual's privacy is prohibited. Additionally, the sale of marketing lists (bulk email lists, direct-mail marketing lists, etc.) is prohibited.
- Rights of Publicity - Celebrity images and/or celebrity names cannot be used for commercial purposes without permission of the celebrity or their management. This includes unauthorized celebrity images.
- Public Domain and Other Non-Exclusive Content - We may request that you provide proof that your submitted material is actually in the public domain and may choose to not make available for sale a public domain title if the content is undifferentiated or barely differentiated from one or more books already available through our Site or available through other retail sites. Public domain ebooks are not accepted for our Global Distribution service.
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, including any violation of the rules set forth in Section 2 above; (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.
13. Disclaimer of Warranties
THE SITE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SITE, IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LULU JUNIOR AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES 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 OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
WE, OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF LULU JUNIOR AND/OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND/OR SPONSORS, AND/OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, WHETHER MADE ON OR THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER LULU JUNIOR NOR ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SITE). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOLE, EXCLUSIVE, AND MAXIMUM LIABILITY OF LULU JUNIOR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE $100.
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.
LULU JUNIOR DOES NOT PROVIDE LEGAL, FINANCIAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL SERVICE ADVICE AND PROHIBITS THE USE OF ANY COMMUNICATION OR INFORMATION FROM LULU JUNIOR THAT YOU USE FOR SUCH PURPOSES EXCEPT FOR TAX STATEMENTS ISSUED BY LULU JUNIOR IN THE ORDINARY COURSE OF BUSINESS.
15. Intellectual Property
Lulu Junior 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 Junior owns the design, format, and layout of the Site. The Lulu Junior and Lulu logos and the names of all Lulu products and/or services as posted on the Site are trademarks and/or service marks or registered trademarks and/or service marks of Lulu Press, Inc.
The Site is ©2002-2021 Lulu Holdings, Inc. and/or Lulu Press, Inc. All rights reserved.
All trademarks and service marks on the Site not owned by us are the property of their respective owners. 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, in any manner that is likely to cause confusion. Lulu Junior’s trade names, trademarks, and service marks may not be used, for any purpose and in any way, without our express prior written consent.
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.
16. Ideas, Suggestions, and Requests
Many of our customers are interested in submitting ideas and suggestions for products and services to be used at Lulu Junior, either independently of, or in conjunction with, our internally developed products and services.
Any ideas or suggestions that you submit will be owned by Lulu Junior, and you hereby irrevocably assign any intellectual property rights to such ideas and suggestions to Lulu Junior. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be treated as Content, subject to the license granted to Lulu Junior in Section 2 of these Terms. If you intend to retain any intellectual property rights to 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:
ATTN: Idea Content- Legal Department
700 Park Offices Drive
Research Triangle, NC 27709
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 Junior in order to evaluate your idea or suggestion.
17. Jurisdictional Issues
The Site is controlled and operated by Lulu Press, Inc in the United States of America, and is not intended to subject Lulu or Lulu Junior to the laws or jurisdiction of any state, country, or territory other than that of the United States of America. Lulu Junior does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site 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 the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Lulu Junior 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 United States 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.
This Agreement shall be construed under and governed by the internal laws of the State of North Carolina, without giving effect to any conflict of laws provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of North Carolina.
By using the Site, you 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(s) shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction. You and Lulu Junior each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration you and Lulu Junior each waive any right to a jury trial. You or Lulu Junior may bring suit in court on an individual basis only, and not in a class, consolidated or representative action, to apply for injunctive remedies.
The Terms in Sections 11, 12, 13, and 14 relating to disclaimer of warranties, limitations of liability, indemnification, and intellectual property shall survive termination of this Agreement. Notwithstanding the arbitration requirement above, you agree to the jurisdiction of the State and Federal Court in the State of North Carolina, and Lulu Junior has the right to seek additional remedies, including but not limited to injunctive relief, to enforce the aforementioned clauses or any other material provision of this Agreement.
Except for delay in payments due, if anything happens that is beyond the reasonable control of either party, then delays will be expected and performance may be excused. Lulu Junior 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.
References to businesses in connection with Lulu Junior’s operations refers to organizations with which Lulu Junior has business relationships and does not imply formal legal partnerships.
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.
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 you and Lulu Junior 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 sublicensable by you except with our prior written consent.
These Terms may not be modified or amended except with our prior written consent.
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.
If you have any questions or comments regarding these Terms, please contact: https://help.lulujr.com/en/support/tickets/new.
Appendix A: Dealer Agreement
These terms serve to define the relationship between Lulu Junior and You (“You”, “Dealer”). To purchase and sell Lulu Junior products, you must agree to these terms and the general Terms & Conditions of Lulu Junior.
This Dealer Agreement (Agreement) is a legally binding contract between you as the Dealer and Lulu Junior, and pertains to the sale of any Lulu Junior products. Additionally, the following conditions and restrictions must be observed.
- All purchase orders are wholesale (no consignments) and subject to approval by Lulu Junior, at our sole discretion.
- Dealer shall only sell Lulu Junior products to retail customers and not to any Retailer or Distributor.
- Lulu Junior products are not to be sold by Dealer online, through internet auction or the like, or through Amazon.com.
- Lulu Junior shall be the exclusive source of purchase of Lulu Junor products by the Dealer.
- Dealer has no rights to the use of any trade names or trademarks or other intellectual property of Lulu, except as follows:
- Marks may appear on merchandise purchased hereunder. Dealer agrees to refrain from directly or indirectly using any of the marks except in advertising or promoting the Lulu products if authorized in writing by Lulu, at its sole discretion.
- All shipments are sent Freight on Board [FOB] originating from Raleigh, NC.
- You are responsible for shipping costs unless otherwise agreed upon.
- All shipments will go out FedEx Ground unless otherwise agreed upon.
- You must submit a complete Lulu Junior credit application unless you are approved to purchase on the Lulu Junior Retail Portal https://lulu-junior.square.site/
- A Credit Card Authorization Form must be completed prior to the shipping of the initial order unless you are approved to purchase on the Lulu Junior Retailer Portal https://lulu-junior.square.site/
- All established credit terms will be set up as Net 30 days due from the invoice date.
- Any requested terms outside of Net 30 days must be authorized by Lulu Junior in writing prior to shipping.
- VISA, MasterCard, and Amex are accepted forms of payment, and Lulu Junior may accept Company Check or Personal Check in certain instances at our sole discretion.
Delinquent Payment Policy
- Past Due: All accounts past due over their established Net terms are subject to a late fee of 15%, plus monthly interest of 2%, and you must pay any collection fees and expenses that Lulu may incur, including attorney's fees.
- NSF Checks: Checks returned by a financial institution for Non-Sufficient Funds are subjected to a $50.00 fee for each time the check is presented and declined.
- Returns are not accepted for Lulu Junior products unless authorized in writing by Lulu Junior at our sole discretion.
Missing/Damaged Products Policy
- Any products claimed to be missing or damaged must be reported to Lulu within seven (7) calendar days of receipt of order (for damaged products) or expected date of delivery (for missing orders).
- Any products shipped back 'freight collect' or the like will be refused by Lulu Junior.
- Credit may be issued for products that have been returned to Lulu Junior, if inspected and found by Lulu Junior to be damaged or defective, at our sole discretion.
- Any violation of the terms and conditions of this Agreement by Dealer may result in the termination of this Agreement by Lulu and an assessment of damages.
- This Agreement and any dispute with Lulu will be governed by North Carolina law and only heard in courts in Wake County, NC.