LuluCustom Terms of Use Agreement

Thank you for shopping on LuluCustom. Before you use the LuluCustom web site, please read the terms and conditions that govern your use of the site. By using and shopping on the LuluCustom web site, you agree to follow and be bound by these terms.

LuluCustom reserves the right to change the terms and conditions that govern your use of the site, as we deem necessary,and without notice. By using the site following these changes you agree to follow the rules and regulations set forth by the changes. LuluCustom may add to, delete, change or move any portion of the site including but not limited to content, and equipment or software needed to access LuluCustom. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Services immediately.

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND LuluCustom WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.

A. Services

LuluCustom will provide print on demand fulfillment services, which will consist of the printing of User Generated Content (as defined below) on various products obtained by LuluCustom, and the packing and delivery of those products to you (collectively "Services"). The Services will be provided under the pricing and other such requirements and terms as more thoroughly listed on the website associated with the Services.

B. Eligibility to Use the Services

The Services are open to use to those who are age eighteen or above. By using the Services, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you are under 18 you must have the permission and accompaniment of an adult.

C. Acceptable Use of the Services

When you use the Services, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by LuluCustom for such a breach, including, but not limited to, monetary damages, costs, and attorneys fees. You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

Circumventing the technological protection measures of the Services;

Requesting the printing of content that threatens or encourages bodily harm or the destruction of property;

Requesting the printing of content that infringes upon the intellectual property rights of other users of the Services or third parties;

Disrupting or otherwise interfering with the Services or its associated servers or networks;

Requesting the printing of content that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;

Reverse engineering, decompiling, translating, or disassembling the Services or its content; and

Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

LuluCustom reserves the right to modify, amend, or terminate the Services or its associated content at any time and without prior notice. LuluCustom also reserves the right to refuse Services or access to the Services to any person or business entity at any time and without notice.

D.Design Services

LuluCustom may allow owners of User Accounts to utilize LuluCustom's custom design services ("Design Services"). If you choose to utilize Design Services, you will provide LuluCustom will all trademarks, logos, or artwork owned or licensed by you that are needed to perform the Design Services ("User Materials"). You agree to allow LuluCustom to make changes or alterations to User Materials solely for the purposes of performing the Design Services hereunder. You assume all liability for all User Materials that you provide to LuluCustom for use in or in connection with the Design Services.

In performing the Design Services, LuluCustom may use third-party technology that accesses and/or interacts with your User Materials. LuluCustom is not responsible, nor does it assume any liability, for any failure of any third-party technology, software, or service to perform as intended. You agree to hold LuluCustom harmless for any loss of data, errors, omissions, corruption of data, defects, or viruses that arise out of or in relation to LuluCustom's use of third-party technology.

E. User Account

LuluCustom provides you with the ability to register a user account ("User Account"), which is required to access and use the Services. Your User Account is protected by a username and password. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify LuluCustom immediately. LuluCustom reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without prior warning.

F.License to AI User-Generated Content

LuluCustom provides you with the ability to upload, contribute, or transmit user-generated content to or through the Ai Services or Design Services through your User Account, including, but not limited to, text, photographs, and images (collectively "User-Generated Content"). You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. By submitting User Generated Content to the Services, you grant LuluCustom a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Services. The customary and intended purposes of the Services may include, but are not limited to, printing merchandise based on your direction, utilizing your User- Generated Content in marketing materials, and archiving or making backup copies of the Services. By submitting User-Generated Content to the Services, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to the Services. LuluCustom assumes no responsibility, and cannot be held liable for, the conduct of any User Account that submits User-Generated Content to the Services.

G.User Provided Artwork and Images

You represent and warrant to LuluCustom that you have right to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture or illusion of any person or any other intellectual property in the way it is to be printed on or otherwise applied to the products ordered by you from LuluCustom. You warrant that in obtaining the material and submitting it to LuluCustom for reproduction, you have not violated the property rights of any third party. You agree to indemnify and hold LuluCustom and its owners, officers, employees and agents harmless from and against any suit, demand, claim, loss, liability, damage or expense made against LuluCustom by reason of breach of this warranty, and you agree to pay any judgment or settlement offer resulting from any suit, demand, or claim and to pay any attorney's fees incurred by LuluCustom in defending against any such suit, demand or claim.

The burden of determining that any material is not protected by trademark, service mark, copyright or other proprietary right rests with you. You are solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed by the use of any material protected by trademark, service mark, copyright or other proprietary right. A customer may not use any logo or other graphic material in a manner in which may infringe on copyright, trademark, service mark or other proprietary mark. A customer also may not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner. We assume no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark or copyrighted items. You agree to indemnify and hold LuluCustom harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by LuluCustom by reason of the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through LuluCustom.

H.Clip Art

All clip art images are the property of LuluCustom or licensed from 3rd party vendors unless otherwise stated. Designs created from the clip art provided are in no way the exclusive property of users or customers who assemble such designs.

I.Accuracy of Colors

LuluCustom has displayed as accurately as possible the colors and graphics of the products that appear on the site. However, we cannot guarantee that your monitor's display of any color and or graphic will be accurate. The colors shown on the site are for reference only. The colors you see will depend on your monitor and may be slightly different from the actual colors of the products. We will have no liability whether for damages, return of merchandise for credit or otherwise, as a result of any variances between the appearance of colors and or graphics displayed on your monitor and on any finished product purchased by you from LuluCustom.

J. Production Rates and Shipping

You acknowledge that LuluCustom may utilize various third parties to secure products for printing and fulfilling your orders and to effectuate shipping and delivery to you. As such, blank product pricing and shipping costs may change based on various factors, such as weight, manufacturing costs, and availability. You understand and agree that the prices quoted through the Services are an invitation to deal and that no contract will be formed between you and LuluCustom until LuluCustom accepts your invitation to deal by performance, specifically, by accepting your order and providing the Services. LuluCustom will notify you as soon as practicable of any changes to a third-partys blank product rates or shipping costs. The fees charged by LuluCustom for the Services may also change. LuluCustom endeavors to provide you with prior notice of any pricing changes, and any such pricing changes will be effective immediately upon LuluCustom's provision of notice to you and are automatically incorporated into this Agreement as if fully restated herein. If you disagree with any pricing changes, your sole remedy is to discontinue using the Services.

K.Title, Risk of Loss, and Insurance

You retain title to and the insurable interest in any products printed by LuluCustom through its performance of the Services on your behalf and LuluCustom does not provide insurance coverage for these products or accept liability for any losses, damages, claims, demands, charges, judgments, or liabilities, including, but not limited to, losses resulting from transit damage, fire, water damage, theft, stock shrinkage, or count errors. You expressly agree to waive any right to insurance subrogation that you may have, whether known or unknown. You acknowledge and agree that you will bear the risk of loss for all products printed, shipped, or delivered by LuluCustom and that you will continue to bear the risk of loss until such products are perfectly tendered to, and title passes to, you.

L. Proprietary Rights

You understand and agree that the Services, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of LuluCustom. Under the terms of this Agreement, you do not acquire any ownership rights to the Services or the data or content contained therein. You acquire only a limited license to use the Services subject to the terms of this Agreement. All other rights are reserved by LuluCustom.

M. Copyright Policy

LuluCustom will respond to all duly authorized notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that a user of the Website has infringed upon your copyright rights, you may provide LuluCustom with a notice of copyright infringement that complies with section 512 of the Digital Millennium Copyright Act. Upon receipt of a notice that complies with the Digital Millennium Copyright, LuluCustom will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification under the Digital Millennium Copyright Act.

All notices of copyright infringement submitted to LuluCustom must contain the following:

the physical or electronic signature of a person authorized to act on behalf of the copyright owner;

identification of the copyrighted work(s) alleged to have been infringed;

the location of the copyrighted work(s) in the Website;

your contact information, such as an address, telephone number, fax number, or email address;

a statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and

a statement, under penalty of perjury, that the information contained in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Upon receipt of a duly authorized notice of infringement, LuluCustom will undertake reasonable efforts to notify the poster of the allegedly infringing content so that the poster may issue a counter-notification. Counter-notifications must contain the following:

The physical or electronic signature of the User;

Identification of the material that has been removed or the location where the material previously appeared;

A statement, under penalty of perjury, that the subscriber has a good faith belief that the material was removed due to mistake or misidentification; and

The subscribers name, address, and telephone number and a statement that the subscriber consents to the jurisdiction of the federal district court in which the subscriber is located.

All notices of infringement may be sent to [email protected].

N. Limitation of Liability / Indemnity

The information and materials contained in RushOrderTees’ Sites, including content, graphics, text, links or any other items, are provided "as is" and no warranty is made regarding the same. RushOrderTees does not represent or guarantee that its Sites will be free from errors or viruses and does not represent or guarantee that access to the Sites will be uninterrupted. Further, RushOrderTees does not warrant or make any representation about the adequacy, completeness and/or accuracy of the information, content, and/or materials on the Sites and expressly disclaims liability for errors or omissions in this information, content and/or materials. RushOrderTees does not make any warranties or representations regarding any content uploaded to its Sites, including but not limited to that it will be protected against loss, theft, misuse or alteration by third parties. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information, content and/or materials.

By using our Sites each User agrees that RushOrderTees shall not be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with these Sites or any use thereof or inability to use by any party, or in connection with any failure of performance, omission, error, interruption, delay / non-receipt in operation or transmission, defect, computer virus or line or system failure, even if RushOrderTees’, or representatives thereof, are advised of the possibility of such issues, damages, losses or expenses.

By using our Sites, you expressly agree to release, defend, indemnify, and hold harmless RushOrderTees, its Sites, and its affiliates, officers, directors, employees, agents and representatives, from any and against any and all demands, claims, damages, costs, and expenses, including reasonable attorneys’ fees arising from or relating to your use of the Sites, your violation of this User Agreement, and/or your violation of any rights of another.

O.Force Majeure

LuluCustom will not be responsible for any delay or failure in performance of the Services or its associated products arising out of any cause beyond LuluCustom's control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.

P. Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your Account, or the Services, including, but not limited to, your duty to indemnify and defend LuluCustom.

Q.Choice of Law and Stipulation to Jurisdiction

You and LuluCustom agree that any dispute arising out of or related to this Agreement or your use of the Services, including, but not limited to, your purchase or printing of goods through the Services, will be governed by the laws of the State of Wyoming, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for which LuluCustom may seek indemnification or for which either party may seek injunctive relief, you and LuluCustom agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Services including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, Will be resolved through final and binding arbitration in accordance with the following provisions,at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association ("AAA") under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.

This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorneys fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF ITEMS FROM OR THROUGH THE SERVICES, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND LuluCustom EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

R. Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

We welcome your questions and comments about our these terms. You may contact us by email at [email protected]