Member Agreement
A Note About Our Community
Lulu Poetry is a place where people can post many kinds of content. We feature poetry that defies easy categorization. In other words, we help people distribute information and art that spans a wide range of subject matter. As such, we also set out to provide a safe, friendly, and serious site for people of all ages and backgrounds.
At Lulu, we respect the unique artistic expressions of our creators, but also remain cognizant of our entire audience, and the need to shield those users from inappropriate content. As such, we reserve the right t To remove any content from the site which could be considered violent, sexually or verbally explicit as well as any other content which may be inappropriate for a young or sensitive audience.
Our community has another maxim: that we support copyrights, which means that you cannot post content that you don't own or have permission to publish. We take all allegations of copyright violation very seriously. To that end, if you believe that material on Lulu Poetry.com violates your copyright, you are encouraged to notify Lulu Poetry via the DMCA procedure outlined below. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Lulu Poetry or others, Lulu Poetry may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Lulu Poetry will have no obligation to provide a refund of any amounts previously paid to Lulu Poetry or owed to the user.
Below, you will find the terms and conditions for the use of Lulu Poetry's web site. Please don't hesitate to contact support if you have any questions about the statements contained in this agreement.
Member Agreement: Contents
Please read these terms carefully, since your use of any of the services constitutes acceptance of these terms and creates a binding legal agreement. Without limiting the foregoing, you must accept these terms by checking the box on the registration page if you wish to use any of Lulu Poetry’s services. If you choose to accept these terms, you must do so as they are presented to you; no changes (additions or deletions) will be accepted by Lulu Poetry.
1. Legal Agreement
2. Introduction
3. Content
4. Community Use
5. Privacy
6. User Registration and Information
7. Retiring Content and/or Terminating Membership
8. Restrictions on Use of Content
9. International Users
10. Operation of Site
11. Disclaimers
12. Limitation of Liability
13. Proprietary Rights
14. Miscellaneous
15. Term
16. Agreement and Amendments
17. Digital Millennium Copyright Act
1. Legal Agreement
The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to Lulu Poetry’s website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and Lulu Poetry. Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.
2. Introduction
Lulu Poetry is a tool to facilitate the exchange of information and knowledge in the world. We provide a service to enable Users to publish digital content in an on-line format. Digital content ("Content") may consist of information, data, text, messages or other materials. We also provide services to our Users, and facilitate our Users’ receipt of other services from third parties.
3. Content
When you post Content on Lulu Poetry's website, you keep your copyright, but you grant Lulu Poetry the nonexclusive right to provide a service to post, display, and copy that Content within the limitations you set during the online publishing process.
If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content when displayed. By including Personal Data in the Content you post, you authorize Lulu Poetry to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.
By posting your Content on the site, you grant that Lulu Poetry, in service to the creator may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and Lulu Poetry may make minor modifications to the Content for technical reasons. Of course, Lulu Poetry will credit you and/or the original artist, and we will usually ask you first. You further agree that Lulu Poetry may make minor modifications to the Content for technical reasons.
By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:
* Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to Lulu Poetry for use as described above and, in either case, that the Content does not contain any Personal Data about any individual other than you.
* Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
* Does not invade any individual's right of privacy or publicity;
* Does not contain material that is unlawful, obscene, defamatory, pornographic, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
* Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);
* Does not break the law, encourage or facilitate the breaking of the law, or violate any applicable regulation or Lulu Poetry rule or policy;
* Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
* To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person. Despite all this, Lulu Poetry cannot guarantee the accuracy, integrity or quality of Content.
Furthermore, by submitting any poem to Lulu Poetry using the online submission form, you are entering the poem in the Contest. If you do not wish to participate in the Contest, then you may choose not to submit your poems or you may remove poems that you previously submitted using the online submission form but that have not received any prizes.
Lulu Poetry reserves the right to refuse to permit your publication on the Site of any Content that Lulu Poetry, in its sole discretion, deems in violation of the terms and conditions set forth above.
In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.
As the owner of the Site (as described in detail in Section 16 below), Lulu Poetry reserves the right to place advertisements on the Site.
The person who created the Content is entirely responsible for it, and you are solely responsible for any Content you upload to Lulu Poetry. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Lulu Poetry responsible for any inadvertent damage to, corruption of or destruction of the Content. Lulu Poetry is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all Content. Lulu Poetry will not be responsible for archiving or backing-up any Content. If any Content transmitted to Lulu Poetry is damaged, lost or corrupted in any way, Lulu Poetry will have no obligation or liability to you. You are solely responsible for all Content you generate or forward to Lulu Poetry.
4. Community Use
As a User, you agree not to use the Site to:
* Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
* Harm anyone, including minors, in any way;
* Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
* Interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
* Employ a robot, spider or other process or device to harvest e-mail addresses or other User information or to monitor the activity on the Site;
* Impersonate another person or entity or to forge any e-mail communication or message; and
* Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.
In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.
Lulu Poetry reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect, or negatively affects site operations. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.
5. Privacy
In general, Lulu Poetry collects Personal Data when you register with Lulu Poetry, when you use Lulu Poetry services and when you visit Lulu Poetry pages or pages related to the Content posted on Lulu Poetry pages. That information is used to fulfill your requests for products and services, to conduct research, to contact you, and to improve Lulu Poetry services. Lulu Poetry endeavors to limit access to your Personal Data to only those Lulu Poetry employees who reasonably need access to complete these purposes. You may view and edit your account information at any time.
Lulu Poetry will disclose Personal Data under the following circumstances:
* In response to subpoenas, court order, other legal process, to establish or exercise Lulu Poetry's legal rights or defend against a legal claim, or as otherwise required by law;
* As necessary to investigate or prevent violations of the terms of this Agreement, suspected illegal activity or threats to the physical safety of another person;
* To Lulu Poetry's trusted partners who work on Lulu Poetry's behalf under confidentiality agreements;
* If Lulu Poetry is acquired by or merged with another company; and
Lulu Poetry will transfer your Personal Data to other countries where it does business, but will always treat your Personal Data according to the terms of Lulu Poetry's Privacy Pledge.
If you include your Personal Data in content that you upload for posting and/or purchase on Lulu Poetry's site, that information may be widely available to other users. Lulu Poetry does not exercise any control over those users and cannot guarantee that your Personal Data will be protected as described in Lulu Poetry's Privacy Pledge if you make it available as part of content posted on Lulu Poetry's site. If you do not want your personal information to be displayed as part of the content you upload, then you must delete it prior to uploading. Remember, you may not include Personal Data about other people in your Content. You also may not use Personal Data about other Lulu Poetry Users in a way that is inconsistent with Lulu Poetry's Privacy Pledge. If you do, you will have violated the terms of this Agreement, and Lulu Poetry may terminate your membership. Lulu Poetry is not liable for any damage that may be incurred due to use of Personal Data that was made available as part of Content posted on Lulu Poetry's site.
Lulu Poetry will set and access cookies to keep track of your login status. Please reference your browser's "Help" menu to learn how to change cookie preferences.
Your Personal Data does not include the contact name you provide for crediting your work. The contact name you use on Lulu Poetry may be displayed on the site to other users.
For a complete description of Lulu Poetry's use and disclosure of your Personal Data and our contact information, please review Lulu Poetry's Privacy Pledge.
6. User Registration and Information
We want to make sure that you have correctly completed the information in the User Registration form on the Site ("User Information"). In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Site. Remember, it is your responsibility to keep current all of your User Information on the Site.
You will have the opportunity to select a username and Password during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your username and Password, and (b) maintaining the confidentiality of your username and Password. Only one individual may access the Site at the same time using the same username and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, username or Password or any other breach of security regarding the Site of which you are aware. Lulu Poetry may refuse to grant you a username or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.
7. Retiring Content and/or Terminating Membership
If you wish to terminate your Membership, please contact support with a specific request to do so.
Lulu Poetry does not retain any residual rights to deleted or retired work other than those outlined above.
If you choose to terminate your Membership, the terms above regarding the status of Content you have uploaded remain applicable.
8. International Users
Lulu Poetry makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws and any local taxes that may be payable.
9. Operation of Site
Technical, maintenance and other issues may make Lulu Poetry unavailable from time to time. Lulu Poetry makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet User's purposes. Lulu Poetry may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.
10. Disclaimers
Everything on Lulu Poetry's Site including all software, services, information, materials, forums, tools and Content is offered by Lulu Poetry and its third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, Lulu Poetry cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site.
11. Limitation of Liability
In no event shall Lulu Enterprises, Inc. or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site, Content on the Site, or any transaction entered hereunder, whether in contract, tort or otherwise, even if Lulu Poetry 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 Poetry, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to Lulu Poetry in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Lulu Poetry, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against Lulu Poetry in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this agreement are as expressly set out in this agreement. Any warranty gives you specific legal rights. You may also have other rights, which vary from state to state or country to country.
Indemnification
If someone takes Lulu Poetry to court as the result of something you did in violation of this Member Agreement, you will pay for any damages or costs assessed against or incurred by Lulu Poetry. In other words, you shall indemnify and hold Lulu Poetry harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that Lulu Poetry may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto.
12. Proprietary Rights
Lulu Poetry is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties (including Content), which is owned by the licensors of such Content. Lulu Poetry owns the design, format and layout of the Site. Lulu Poetry authorizes Users of this website to use the Site and to copy materials posted on the Site strictly for their own personal, non-commercial use, provided you maintain all notices of rights on the Content. Any and all other uses of the materials posted on the Site are prohibited. Giving you permission to make a copy for your own use does not mean that you can do anything else with the Content. In other words, your authorization from Lulu Poetry does not extend to use of the design, format, or layout of this website, which may be further protected under applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorization granted above. In granting this authorization, Lulu Poetry grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.
The Lulu Poetry logo and the names of all Lulu Poetry products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of Lulu Poetry.
13. Miscellaneous
This Agreement is binding. It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties.
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of the State of North Carolina, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Raleigh, North Carolina. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Lulu Poetry and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venture of the other party for any purpose whatsoever.
14. Term
This Agreement is effective until terminated. Lulu Poetry may terminate or suspend this Agreement immediately for any reason and without prior notice to you. You may terminate your Membership by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by Lulu Poetry. If you choose to terminate your Membership, the terms of this Agreement regarding any Content you have uploaded remain applicable. All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
15. Agreement and Amendments
By completing the registration process and using the Site, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.
Lulu Poetry may change the terms in this Agreement from time to time. When the terms are changed, Lulu Poetry will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Lulu Poetry and discontinue your use of the Site. If you use the Site after Lulu Poetry has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.
16. Digital Millennium Copyright Act
If you believe that any material contained in this Site infringes your copyright, you should notify Lulu Poetry of your copyright infringement claim in accordance with the following procedure.
Lulu Poetry will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:
Nick Popio
Lulu Enterprises, Inc.
3101 Hillsborough St
Raleigh, NC 27607
Fax: 919-459-5867
Email:
npopio@lulu.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. 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;
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to
npopio@lulu.com
for purposes other than communication about copyright claims may not be acknowledged or responded to.
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