community help desk
Start

Terms of Service

Welcome! The following terms and conditions ("Terms of Service") govern your use of all services located under the domain luleka.com ("The Luleka Service"). If you have any questions or comments about these Terms of Service, please join the discussion or contact us at

The Luleka Service belongs to and is provided by Luleka LLC. By using the Luleka Service, you are agreeing to be legally bound by these Terms of Service. If at any time you are not willing to be bound by all of these Terms of Service, then you must not use the Luleka Service. All users of the Luleka Service must also abide by our Community Guidelines.

Luleka LLC has complete discretion to update and change these Terms of Service from time to time, and to change the scope or features of the Luleka Service from time to time. Although Luleka LLC will use reasonable efforts to notify you of changes when commercially practical, we reserve the right to make such changes without notice. If you continue to use the Luleka Service after any such changes, with or without notice, you will be considered to have consented to them. You can always review the most current version of the Terms of Service here.

Definitions

  1. User: a physical or legal person registered with the Luleka service.

  2. Case: a question, problem, idea or praise in the context of an Organization, Group, Location

  3. Organization: a legal business entity such as a company, school, institution, governmental agency, club etc.

  4. Group: a pool for a community of interests, which contains cases of invited users (closed group) or all users (opened group)

  5. Community: the sum of users registered on luleka.com or a set of users belonging to a group or organization on luleka.com

  6. Contact Invitation: is a message to a user or a friend asking to join your list of contacts

  7. Contact: a friend or user who has accepted your contact invitation

  8. Follower: a User who follows another User's or Case's activity

  9. Employment: is the relationship a User claims for an Organization registered on luleka.com

  10. Membership: is a relationship of a User towards a Group or a User towards the Luleka service

  11. Partner: a User with a premium membership who has the right to receive payments for services he conducts on luleka.com after signing up for a Partner Membership

  12. Partner Membership: is a subscription to the Luleka Service the Partner is charged for with a monthly fee

  13. Account: is the sum of the User's information and settings on luleka.com

  14. Profile: a public view of the User's skills and contact information that other users and or contacts can see

  15. Piggy Bank: allows the User to make or receive micro payments for service rewards and transfer funds from and to the User's real bank

  16. Voucher: a voucher contains a promotion with a promotion code, which allows you to receive Luleka services free of charge

Your Account

If you are age 18 or older, you may access the Luleka Service. If you do not qualify, you may not use the Service.

Luleka LLC can refuse registration of, or cancel an account in its discretion, at any time.

Your account will be accessed through a user ID and password that you will create (your "Credentials"). Your Credentials are solely for your personal use. You are responsible for maintaining the confidentiality of your Credentials, and you are fully and solely responsible for all activities that occur under your Credentials. It is up to you to take adequate precautions with your Credentials, and to immediately notify Luleka LLC of any unauthorized use of your Credentials.

Using your account, you may access and participate in the Luleka Service, including viewing, posting and responding to communications on luleka.com. You can have an account as a user or subscribe with your account for a Partner Memebership.

Code of Conduct

Luleka LLC has the right, but not the obligation, to remove Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property, or that is detrimental to the quality or intended spirit of the Luleka Service (see Community Guidelines). Luleka LLC also has the right, but not the obligation, to limit or revoke the use privileges of the account of anyone who posts such Content.

Luleka LLC will use common sense and business sense regarding allowable Content on the Luleka Service. Examples of unacceptable Content or behavior on luleka.com include:

Luleka LLC cannot and need not control all Content posted by third parties to the Luleka Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Luleka Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Luleka LLC be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may email us directly at

Not Professional Advice

The questions or comments you submit and the responses you receive do not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient and are not subject to standards or requirements of confidentiality and/or privilege associated therewith. Information provided via the Services is not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. If you submit a question or comment on such a topic, we will assume you are interested in soliciting and receiving or giving general information rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially in different states and according to the individual factual circumstances surrounding a particular question or comment. Accordingly, if you desire or require professional advice, please consult a qualified provider who is licensed in your state or country.

Content and Intellectual Property

If you post your own text, images or other audiovisual information (collectively, "Content") on the Luleka Service, that Content still belongs to you, and you can use it in any other way without restriction. Content posted by another person or company belongs to the poster. Except where expressly permitted, you do not have the right to use, copy, transmit, modify or repurpose any Content that does not belong to you, other than viewing of the Content on the Luleka Service and use of the Content through such APIs as Luleka LLC may make available.

In order to operate with the Luleka Service, Luleka LLC needs the right to make certain uses of your publicly posted Content. Therefore, when you post Content on the Luleka Service, you agree to grant Luleka LLC an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, publicly display, publicly perform and make derivative works of your Content on the Luleka Service and on services affiliated with Luleka LLC regardless of the form of media used or of whether such services now exist or are developed in the future. If you post Content to the Luleka Service, then you hereby represent and warrant that you have the right to post that Content and to grant the above rights to Luleka LLC.

In addition to viewing the Content on the Luleka Service, in the future you may be able to access and use the Content on the Luleka Service for certain other purposes through the use of the Luleka Service application programming interfaces ("APIs"). Luleka LLC has not released APIs yet, but these Terms of Use will be updated when the APIs are available.

Luleka LLC owns the Luleka Service as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the Luleka Service, and the combination of all the elements on the Luleka Service. The Luleka Service as a whole, the computer code of the Luleka Service, the user interface and graphic elements are all copyrighted works of Luleka LLC. Various other aspects of the Luleka Service may be protected by intellectual property laws including copyright, trademark, patent and trade secrets. You do not have the right to modify, adapt, translate, or reverse engineer any portion of the Luleka Service, and you do not have the right to index or aggregate any portion of the Luleka Service (either by hand or by means of a robot, spider, or other device).

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Luleka's copyright agent: a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

Luleka's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Luleka LLC
Legal Department
Copyright Agent
100 Rousseau St.
San Francisco, CA 94112
USA

General Terms

These Terms of Service will remain in full force and effect while you use the Luleka Service. Those terms that can continue to operate after you stop using the Luleka Service (including without limitation your Content license to Luleka LLC and the General Terms in this Section), will survive after you stop using the Luleka Service.

You agree to indemnify and hold Luleka LLC, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the Luleka Service, (ii) a claim that you, or any third party using your credentials, infringed any intellectual property or other right of any person or organization using the Luleka Service, or (iii) the violation of these Terms of Service by you, or any third party using your credentials

Our lawyers have told us that the following disclaimer must be written in conspicuous language, so here goes: THE LULEKA SERVICE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE LULEKA SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE LULEKA SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LULEKA LLC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, LULEKA LLC AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE LULEKA SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LULEKA LLC DOES NOT WARRANT THAT THE LULEKA SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LULEKA SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. YOU UNDERSTAND THAT LULEKA.NET USES THIRD PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, STORAGE, AND RELATED TECHNOLOGY REQUIRED TO RUN THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LULEKA LLC OR THE LULEKA SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Something else that our lawyers want us to say in all caps: LULEKA LLC AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LULEKA LLC'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO LULEKA LLC FOR THE LULEKA SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

These Terms of Service (including the Privacy Policy) are the entire agreement between Luleka LLC and you regarding the Luleka Service. Any dispute arising from or related to these Terms of Service will be governed by the laws of the State of California without regard to conflict of law principles. Exclusive venue of any such dispute will be the state or federal courts located in San Francisco, California, and you agree to the personal jurisdiction of those courts for such purposes. The failure of Luleka LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.

Economic Conditions Applicable to Luleka Partners

  1. The applicable rates are contained in the Luleka Service Website. The partner may obtain information on the applicable rates at any time through the Luleka Service Website. These rates will include the relevant indirect taxes and any other charges where applicable. Payments for the Partner Membership shall be due immediately upon invoicing. Payment can be made using the various debiting procedures available, especially with the accepted credit cards, or the available online payment systems. If Luleka LLC is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. Luleka LLC may deliver invoices to the User for a Partner Membership by email.

  2. The Partner will pay Luleka LLC the corresponding amount for Membership and will be responsible for the payment of any other amount owed to Luleka LLC.

  3. The Partner receives 80% of the contract values from Luleka Service. The amount will be booked to the partner's Piggy Bank on luleka.com. The amount is gross. The partner receives a bill with banishment sales tax.
    20% of the contract values remain at Luleka LLC as service fee. The partner can withdraw the proceeds of such transaction from the Piggy Bank after a cooling period of 45 days and if there is at least $10 or 10 € among it. Meanwhile the partner can use his credit of the Piggy Bank for paying Luleka Services, such as the monthly Partner Membership fees.

  4. The standard transfer method to the User's physical bank account is Paypal. The user is charged for costs for transfers, currency conversion, etc. according to the Paypal terms of service. Other transfer methods, such as direct bank transfers, may be offered on luleka.com in the future.

  5. Luleka LLC reserves the right to change, at anytime, the prices, promotions and/or discounts for the products and services Luleka LLC provides.

  6. Taxes: You agree that it is your responsibility and obligation to determine any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding and other taxes and/or duties assessed, incurred or required to be collected, paid or withheld for any reason in connection with any request for, or performance of Services, or your use of the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives ("Taxes") and to collect, withhold, report, and remit correct taxes to the appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all Taxes. YOU ALSO AGREE THAT LULEKA LLC AND ITS AFFILIATES ARE NOT OBLIGATED TO DETERMINE WHETHER TAXES APPLY AND ARE NOT RESPONSIBLE TO COLLECT, REPORT, OR REMIT ANY TAXES ARISING FROM ANY TRANSACTION.

Other Economic Conditions Applicable to All Luleka Users

  1. Using the service, signing up and signing in to the Luleka Services is free of charge.

  2. The user can purchase Luleka credits or Purchasing Credit denominated in either US Dollars (USD) or Euros (EUR). The purchasing amount will be deposited on the user's Piggy Bank account.

  3. By submitting a fixed price case to the Luleka community the user agrees to the payment of the amount he has chosen for his case if a solution is provided. The amount will be authorized from user's Piggy Bank account.

  4. Payments are captured after the user receives a solution for his case within expiration period and no further fee is charged to the user. In case the expiration period has expired before a solution is provided, the payment amount is voided.

  5. The standard payment method is credit card. Other payment methods may be added at a later time.

  6. When Luleka LLC has the legal obligation to pay or collect taxes, the appropriate amount shall be billed to and paid by you.

  7. Delinquent payments shall bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Luleka LLC in collecting unpaid or delinquent amounts. All payments due are in U.S. dollars unless otherwise agreed by Luleka LLC in writing.

Transaction Errors

If you believe that any payment transaction initiated by us is erroneous, or if you need more information about any such transaction, you should contact us as as soon as possible by filing a case or .

Our Liability

Luleka LLC will not be liable if we are not able to complete a transaction for any reason, including, but not limited to the following:

Last updated: January 26, 2010

Luleka in your country
Feedback |  Guidelines |  Jobs |  Terms |  Privacy |  About      Copyright © 2010 Luleka. All rights reserved.