We provide the tools for you to publish your work for personal use and/or for sale and distribution to others, a marketplace for the purchase of goods and services.
The following terms and conditions have been developed to not only protect your work and your privacy, but also to describe our commitment to you as well as your responsibilities as a content creator. Please do not hesitate to contact us if you have any questions about the terms of this agreement.
In the event that you submit to us, any materials including, without limitation, text, photographs and other images, graphics, videos, visuals, sounds, data, files, links and other materials (collectively, “Content”), you will retain ownership of such Content. You hereby grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free (except as otherwise agreed during the online publishing process) right to use, reproduce, distribute (through multiple tiers) and publicly display such Content, solely in connection with the Site. Should you decide to limit the access to and distribution of your Content, we will use commercially reasonable means to prevent such access and distribution. However, we cannot guarantee that these means will work all of the time. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through us are not proprietary to you, and can be used by us and others for any purposes. You acknowledge and agree that you have no rights in any such design and/or, template and/or layout, and such design, template or layout shall be the sole and exclusive property of Martin Sotelano / Tango Creations.
You represent, warrant and covenant that
(i) you own or otherwise possess all necessary rights with respect to your Content,
(ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable,
(iii) at we request, and without further consideration, you will promptly provide to Martin Sotelano / Tango Creations with reasonable evidence of such adequate and enforceable rights of third parties (i.e., consents, approvals, licenses or sublicenses), and agree that we may provide a copy of these Terms to anyone claiming an infringement of copyright/trademark relating to your Content or to law enforcement or other entities as required by law or as Martin Sotelano / Tango Creations reasonably determines to be necessary to protect its rights or the rights of others,
(iv) you will abide by the Content Policy and Guidelines posted on the Site, and
(v) you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in your Content to use such individual’s likeness, for purposes of using and otherwise exploiting the Content in the manner contemplated by these Terms (including for purposes of promoting the Site), or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to Martin Sotelano / Tango Creations a copy of any such consents, releases and/or permissions upon Martin Sotelano / Tango Creations request). If you do submit/send Content that contains the likeness of an identifiable individual is under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such Content. Any violation of this Section, as determined in our sole discretion, can be cause to remove any and all of your Content from the Site, remove from applicable Distribution Channels, and to terminate your account and access to the Site.
None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion:
(a) monitor and/or filter any Content (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive);
(b) alter, remove, or refuse to send, transmit or otherwise use any Content (including, without limitation, by suspending the processing and shipping of any order relating to any Content); and/or
(c) disclose any Content, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the services on the Site; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Please note that we may also provide users with an automated method of reporting Content that they believe to be inappropriate. If we do provide such a method, Content that is reported more than a certain number of times may be automatically removed from the Site; provided, however, that Martin Sotelano / Tango Creations has no obligation to remove Content in response to user reports or requests. Martin Sotelano / Tango Creations is not responsible for, and will have no liability for, the removal or non-removal of any Content from the Site. WE RECOMMEND YOU KEEP BACK-UP COPIES OF YOUR CONTENT ON YOUR HARD DRIVE OR OTHER PERSONAL SYSTEM, AS Martin Sotelano / Tango Creations IS NOT INTENDED TO BE A BACK-UP SOLUTION FOR STORING YOUR CONTENT.
Martin Sotelano / Tango Creations also reserves the right to
(1) reserve a portion of the back cover of a book of any published Content for placement of a unique identifying number and barcode (this number may be the Content’s ISBN number, if an ISBN number is assigned), and
(2) Delete Content from our database after a defined period of time, as set forth in the then current policies.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honour, or impose conditions on the honouring of any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Martin Sotelano / Tango Creations is committed to protecting copyrights and expects our users/customers to do the same. The https://www.gov.uk/copyright provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under UK copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site;
(d) the name, address, telephone number and email address (if available) of the complaining party;
(e) 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; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices and counter-notices regarding the Site should be sent to:
39 Commercial Street
NP11 6AW, Risca, Newport
ATTN: Questionable Content
Publishing through Martin Sotelano / Tango Creations
If you wish to publish Content through Martin Sotelano / Tango Creations, you will generally be provided the opportunity to direct how the Content should be published and conditions for distribution and sale. The publishing process converts your Content into print-ready files. You may use these converted files to distribute and/or sell your Content, as you choose, through Martin Sotelano / Tango Creations and/or distribution channel partners.
Martin Sotelano / Tango Creations shall have the right to distribute samples of the Work in any form of media, including printed media, in order to promote (a) the author or author’s Work and/or (b) the Martin Sotelano / Tango Creations service. These samples will be licensed for free, non-commercial use, duplication and sharing, and will comply with the sample percentage authorized by the Author.
Martin Sotelano / Tango Creations distribution service feeds to third party selected online and trade retailers. Should an Author choose Global Distribution for their titles, author titles will be presented for sale and included in all distribution feeds to these selected retailers. Martin Sotelano / Tango Creations shall not be liable for failure by the third-party retailer to list those titles for sale. Similarly, Authors can choose to opt out of channels at any time and at their discretion. Martin Sotelano / Tango Creations sends the Author request for removal in a periodic feed, however Martin Sotelano / Tango Creations cannot dictate the speed at which the third party removes the titles for sale. Lastly, where Martin Sotelano / Tango Creations operates a direct to consumer online retail platform it will be Martin Sotelano / Tango Creations discretion if titles are listed.
Creators Revenue (We use the system owned by Lulu.com)
As used herein and for the sale of Content through Martin Sotelano / Tango Creations
Creator Revenue – means the percentage of Net Revenue due to you as author-publisher for Content which was sold and paid for in full. Subject to specific arrangements with distribution channel partners, the following Creator Revenue percentage generally applies:
Electronic – for sales of electronic material, 80% of Net Revenue.
Print – for sales of printed material, 70% of Net Revenue.
Gross Selling Price – means the Sales List Price after any discount that you as author-publisher would like to include in order to promote your Work, if applicable.
Net Revenue – means the remaining monies after subtracting Lulu’s manufacturing costs and mark-ups or fees for sales with distribution partners, from the monies actually received for customer purchases of Content (based on Gross Selling Price).
Returns and Refunds – when we process returns or refunds of purchased Content, this may result in an offset of the amount of Net Revenue owed to you.
Royalty – this is the Creator Revenue that is reported to the U.S. Internal Revenue Service (IRS), if applicable.
Sales List Price – means the price determined by you as author-publisher for the Content, subject to variances in international manufacturing costs. The Sales List Price will be the price listed in any distribution channel.
Taxes; Shipping and Handling – sales taxes, VAT and other similar taxes, and shipping and handling are separate and apart, and not subject to revenue calculations.
If you have published and sold Content on the Site, the amount of Creator Revenue you are owed will be visible in your account under the “My Revenue” box that appears on the “My Lulu” information tab of the Site.
You will receive Creator Revenues you are due via PayPal. PayPal payments may be made in Euros, GBP, CHF, AUD, CAD or USD.
Creator Revenue via PayPal, you will be paid on a monthly basis. Specifically, no later than 31 days after the end of a calendar month Lulu will make a good faith effort to pay you the Creator Revenue that accrued during that month, using the contact information in our records. If Lulu owes you less than $5 for Content sales within a given month, we reserve the right, at our discretion, to roll your Creator Revenue forward to the following month(s) until $5 is reached.
All minimum Creator Revenue in non-USD shall be calculated in USD using current exchange rates for the purpose of the minimum thresholds for transmission of payments to you by Lulu.
It is your responsibility to update your contact information. If we are unable to contact you using the contact information provided, we may, at our sole discretion, charge a termination fee equal to the amount of unpaid Creator Revenue to cover administrative costs.
In order to use the basic services you are not required to provide any taxpayer information. However, based on withholding that may be required by the IRS, the payment you receive may be less than the Creator Revenue. You are also responsible for any taxes, fees and penalties associated with your receipt of Creator Revenue or sale of your Content, and indemnify Lulu for any such tax, fee or penalty.
You are responsible to any third party for payment of royalties, commissions, etc. that may be owed to them based upon agreements you have made with a third party and/or liabilities you have incurred to third parties.
Lulu and/or Martin Sotelano / Tango Creations reserves the right to place a hold on any payment based upon suspicious activity, including but not limited to, potential fraud, copyright infringement or other violations of these Terms, claims by third parties and/or questions regarding rightful ownership of the account.
Term and Termination
These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Content), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Third-Party Websites, Software and Sites
Other websites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We shall have the right, at any time and in our sole discretion, to block links to the Site through technological or other means without prior notice.
The offer cannot be applied to orders already placed with Lulu.
If there is a problem with items purchased using a promotional code and Lulu grants a refund, you will not receive a refund for the amount of the offer.
Lulu reserves the right to refuse to pay any Creator Revenue where we find, in our sole discretion, that you have abused our promotions and/or other processes to garner monies by manipulation and/or other fraudulent and abusive techniques. If we find such activity to have occurred, we reserve the right to terminate your account and withhold all Creator Revenue payments.