You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. You may use the Services only if you can form a binding contract with Lulu Designs and are not a person barred from receiving services under the laws of South Africa, or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules and regulations. The Services that Lulu Designs provides are always evolving and the form and nature of the Services that Lulu Designs provides may change from time to time without prior notice to you. In addition, Lulu Designs may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
If you sign up for the optional Lulu Designs user account you will be required to create a password. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Lulu Designs cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content (ie. user submitted comments, uploaded images, photos, etc.). Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Lulu Designs be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Lulu Designs and its licensors. The Services are protected by copyright, trademark, and other laws of South Africa and other foreign countries. Nothing in the Terms gives you a right to use the Lulu Designs name or any of the Lulu Designs trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Lulu Designs, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof. Any photograph, image, information, know-how, idea, suggestion, material, or other content you post to the Site through use of the Services, including but not limited to: posts in a forum or photo gallery and images uploaded for the creation of custom products (“Products”) to be supplied by Phone Cases to the customer, will be collectively referred to herein as “Content”. Content that complies with the Terms may be used by the customer to create Products. Posting of Content not owned by you or which you have no permission to submit will be considered a violation of the Terms, and may be a violation of federal, provincial and/or state intellectual property and/or other applicable laws. You specifically represent that any Content is: (i) your original work, or it is properly licensed, and does not violate the copyright or any other personal or property right of any third party; and that (ii) you have obtained any and all releases and permissions necessary for submitting the Content. You retain your rights to any Content you submit, post or display on or through the Services. You may not use the Services in connection with any web site other than the Site or in any other medium, or with any Content or connection with any activity, that is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, national, racial, gender, religious, professional, sexual orientation, disability or age group; profane or pornographic, promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; defames, misrepresents, or contains disparaging remarks about other people or companies; infringes on the rights of any third party; or violates any law.
We may contact you or any third parties to verify the information you provide to us, the rights you have secured with respect to the Products, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. We may also send you information and notices regarding your Products by email, telephone or other means based on the information you provide to us.
Lulu Designs respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. In appropriate circumstances, Lulu Designs will also terminate a user’s account if the user is determined to be a repeat infringer.
You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You agree not to: (i) use the Lulu Designs Content, or the Services for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying Services, including by hacking or defacing any portion of Lulu Designs website, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communications or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; (v) 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 presentation of the Services or any Lulu Designs Content; (vi) upload for the purpose of reproduction or sharing via social networking websites any Content using the Services or where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such materials; (vii) use any materials in any manner that infringes any Intellectual Property Rights or other rights of any party; or (viii) market any goods and services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Lulu Designs in writing. We reserve the right, but undertake no duty, to review, move or delete or refuse to process any Content provided for the purpose of creating Products, in our sole discretion.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Lulu Designs computer systems, or the technical delivery systems of Lulu Designs providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Lulu Designs (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Lulu Designs (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Lulu Designs is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Lulu Designs and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Lulu Designs will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Lulu Designs has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Lulu Designs or through the Services, will create any warranty not expressly made herein