API Terms of Use

Overview

The following terms of use apply to all developers and companies building online products and services that interact with Lulu by using its open APIs. Lulu reserves the right to change these terms with or without advance notice.  Failure to abide by these terms forfeits your license to use the API, and as a result, you may not use the API.  The current version of these terms can always be found at http://developer.lulu.com/page/API_Terms_of_Use, and this version will supersede all previous versions.

Developer Accounts and Keys

In order to use the API you must create a developer account.  You are limited to a single account per e-mail address.  You can create a developer account using the portal to obtain the keys and other information to manage your API access and your account. Your use of the Lulu API and Content are subject to certain limitations on access, calls, and use of the Lulu API as set forth on your account or as otherwise provided to you. If you exceed the limitations set forth for your account, your ability to use the Lulu API and Content may be temporarily or permanently blocked. In addition, you must adhere to following guidelines:

  • You may not sell, transfer, sublicense or otherwise disclose your Keys to any other party.
  • Keys are tied exclusively to the Application for which they were issued. You may not apply or reuse Keys across multiple Applications, or in any way make use of a Key except in association with the Application to which it was originally assigned.   
  • You are responsible for maintaining the secrecy and security of your Keys.
  • You agree to provide us with access to your Application and/or other materials related to your use of the API as reasonably requested by us to verify your compliance with these Terms.

General Restrictions and Limitations

You may not attempt  or encourage others to:

  • offer or promote services that are damaging to, disparaging of, or otherwise detrimental to Lulu or its licensors, licensees, affiliates and partners.
  • interfere with or disrupt Lulu services or servers or networks connected to Lulu services
  • place, or allow a third party to place, the Content around, near or next to adult or inappropriate content nor shall your Application associate or be associated with any adult or inappropriate content.
  • use Lulu services for any illegal or unauthorized purpose;
  • circumvent or modify any Keys or other security mechanism employed by Lulu or the API, including without limitation any authentication technologies;
  • impersonate any person or obtain access to the Lulu services without authorization;
  • enable any other person to personally identify any user of your Application except with the user's express consent;
  • download, scrape, post, or transmit, in any form or by any means, any part of the Lulu services or Content other than Content which you post as part of your Application;
  • impersonate another person or entity, or falsify, modify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material (including Content);
  • use any robot, spider, site search/retrieval Application, or other device to retrieve or index any portion of Lulu services or collect information about users for any unauthorized purpose;
  • provide content with, in or in connection with your Application that falsely expresses or implies that such content is sponsored or endorsed by Lulu;
  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Data Caching

You are not allowed to cache Lulu data.  Our content changes on a regular basis and to ensure the most up to date results, we handle caching on our servers.

Lulu User Account Creation

Lulu may provide APIs for developers to create and register Lulu user accounts, and to publish Content under these accounts, on behalf of other individuals. This may require supplying a third party’s email address and providing third party consent to the Lulu site Terms of Use and Lulu Member Agreement. Use of these APIs requires adherence to the following conditions:

  • You cannot use the APIs to disclose the email address or any private information belonging to another individual, nor to create a Lulu user account, nor to publish Content on behalf of another individual, without obtaining said individual’s prior permission and consent.
  • You must furnish proof of such consent upon Lulu’s request.
  • Upon creation of a third party Lulu user account through the API, you must share the account login credentials with the individual on whose behalf the account was created to enable them to independently access their account and content.  
  • You are solely responsible for protecting the security of any information supplied through our APIs, including but not limited to third parties’ email addresses, passwords, and private information.
  • You are solely responsible for ensuring all Content published through the API complies with the terms set forth in our Terms of Use and Member Agreement.
  • Lulu reserves the right to cancel any Lulu user account and/or delete any Content published through our APIs on behalf of third parties at our sole discretion.
  • Violation of any of these conditions will result in immediate cancellation of your developer account and denial of access to our APIs.

API Support

Lulu developers and other Lulu staff may periodically contribute and/or reply to posts in the developer Forums(http://developer.lulu.com/forum). Information posted by Lulu employees to the Forums is solely the opinion of the individual contributor, and does not necessarily represent official Lulu policies. Lulu cannot be held liable for any inaccuracies in the information supplied in such posts as they are provided purely for unofficial, conversational purposes.

You understand and agree that you are solely responsible for providing user support and any other technical assistance for your Application.

Lulu may maintain and/or publish on its Website or in other locations, a directory of developers using the API and/or the Applications resulting from developer use of the API ("Directory").  Whether or not you or your Application is included in the directory is within Lulu's sole discretion, provided, however that Lulu will endeavor to respond to your written request for removal from such Directory of your Application if it has not been released to the public or otherwise made publicly available.

You hereby grant Lulu a non-exclusive license to display the trade names, trademarks, service marks, logos, copyright notices, domain names, and other distinctive brands associated with you and your Application for the purpose of promoting or advertising that you use the API, or for inclusion in the Gallery.

Other Legal Terms

Proprietary Rights

  • Brand License. Subject to your compliance with the terms and conditions in these Terms, during the term of this agreement, and solely for the duration of these Terms, Lulu grants you a limited, non-exclusive, revocable, non-sub licensable and non-transferable license to display the trade names, trademarks, service marks, logos, copyright notices, domain names, and other distinctive brands of Lulu (cumulatively, the "Lulu Brands") in accordance with these Terms, as part of the Content; for attributing the Content as from Lulu; and for the purpose of promoting or advertising that you use the API and in your resulting Application.  All use by you of the Lulu Brands (including any goodwill associated therewith) shall inure to the benefit of Lulu.
  • Brand Protection. At no time during or after the expiration or termination of this Agreement shall you challenge or assist others to challenge the Lulu Brands (except to the extent such restriction is prohibited by law) or the registration or ownership thereof by Lulu, nor shall you attempt to register any Lulu Brands (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of Lulu.
  • In using the Lulu Brands pursuant to Section 3.3, you may not do the following (and for purposes of this Section "use" shall include any use or display of a Lulu Brand):
    • use a Lulu Brand in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Lulu, other than your use of the API;
    • use a Lulu Brand in any manner that can be reasonably interpreted to suggest content has been authored by, or represents the views or opinions of Lulu or Lulu personnel;
    • use a Lulu Brand to disparage Lulu, its products or services, or any licensor or affiliate of Lulu;
    • use a Lulu Brand in a way that tarnishes, dilutes or otherwise impairs the Lulu Brands;
    • use a Lulu Brand to promote another service substantially similar in whole or in part to Lulu
    • use a Lulu Brand, the API or Content on your site or Application if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
    • use a Lulu Brand as the largest or most prominent brand in your Application or as the most prominent element of your Application or as part of the name of your Application;
    • use a Lulu Brand in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Lulu;
    • use a Lulu Brand on a site that violates any law or regulation; or
    • remove, obscure, distort or alter any element of a Lulu Brand. 
    • it is Lulu's sole discretion in interpreting these restrictions and it is within Lulu's rights to immediately cease your use of the API for violating these Terms and/or to disable access by your Application to any or some of the API made available for violating these Terms and you agree and acknowledge that such actions by Lulu may result in your Application no longer functioning.

Privacy

You will not ask for, view, store, access or cache the sign-in name or passwords to Lulu users accounts. However, you may ask for your users' email addresses (which may or may not be the same as such user's sign-in name) for communicating with your users about the Application.

Publicity

You may promote your Application, including talking to traditional and online media and your users about your Application, so long as you do truthfully and without implying that your Application is created or endorsed by Lulu (or otherwise embellishing your relationship with Lulu) or by a third party Content provider or any person or character associated with any particular Title.  However, you may not issue any formal press release via traditional or online media without Lulu's prior consent. 

Indemnity

You agree to hold harmless and indemnify Lulu, and its subsidiaries, affiliates and licensors, and their respective officers, agents, and employees, advertisers or partners, from and against any claim arising from or in any way related to your use of any Lulu Property, violation of these Terms of Use, violation of applicable laws and regulations, including, without limitation, privacy laws, or any other actions or claims connected with or related to your Application and/or use of Lulu services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In the case of a written claim, Lulu will provide you with written notice of such claim, suit or action.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING DISCLAIMERS TO THE EXTENT PERMITTED BY APPLICABLE LAW:

•            YOUR USE OF THE LULU PROPERTY AND ANY LULU SERVICES IS AT YOUR SOLE RISK. THE LULU PROPERTY AND ANY LULU SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LULU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

•            LULU MAKES NO WARRANTY THAT THE LULU PROPERTY OR ANY LULU SERVICES (i)  WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR HAVE KNOWN OR DISCOVERED ERRORS CORRECTED, (iii) WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE, OR (iv) WILL MEET YOUR EXPECTATIONS (OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LULU PROPERTY OR ANY LULU SERVICES WILL MEET YOUR EXPECTATIONS).

•            ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE LULU PROPERTY OR ANY LULU SERVICES IS ACQUIRED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

•            NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LULU SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

YOU AGREE TO THE FOLLOWING LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW:  YOU EXPRESSLY UNDERSTAND AND AGREE THAT LULU SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LULU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE LULU PROPERTY OR LULU SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN THE LULU PROPERTY OR ANY LULU SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE LULU PROPERTY OR ANY LULU SERVICES.

Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Lulu and its subsidiaries, affiliates, and their respective officers, agents, and employees, advertisers or partners from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorney's fees) of every kind and nature, arising from or in any way related to your use of the Lulu Property

Term and Termination

  • Term: The term shall commence on the date upon which you agree, by your use of the API and shall continue in force thereafter, unless modified or terminated as provided herein.
  • Lulu Termination: Lulu may change, suspend or discontinue all or any aspect of the API, including its general availability, at any time.  Furthermore, Lulu may limit, suspend or terminate your use of the API and/or this Agreement at any time. Without limiting the foregoing and as clarification only, Lulu may terminate this Agreement immediately and without notice if:
    • you hack or break any security mechanism of the API;
    • we determine that your use of the API poses a security or service risk to us, to any user of the Application, or to any of our subscribers, or may subject us or any third party to liability or damages or danger;
    • we determine, in our sole discretion, there is evidence of fraud with respect to your account;
    • we receive notice or we otherwise determine, in our sole discretion that you may be using the Lulu API for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party; or
    • Your Termination. You may terminate this Agreement for any reason or no reason at all, at your convenience, by (i) closing your account, which at such time your use of the API shall cease or (ii) ceasing use of the API.
    • Refusal of Application: Lulu shall have the right, in its sole discretion, to refuse to permit your use of the API with a particular Application. Unless Lulu states otherwise, such rejection will not terminate these Terms with respect to other Applications you may have created. Lulu shall have no liability to you for such refusal.
    • Effect of Termination: Upon the termination of these Terms of Use for any reason (i) the rights granted to you herein, including all licenses to the API, Content, and Lulu Brands shall terminate and (ii) you shall immediately cease all use and distribution of your Application. Neither party shall be liable to the other party for damages of any sort resulting solely from the sole fact of terminating these Terms.

Contact

 

Date of Last revision: June 6, 2010