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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My books seem to be selling in the USA but I'm not getting

Resolved Question:

My books seem to be selling in the USA but I'm not getting any money from the sales, though I own copyright & publishing rights. What can I do?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know whether any agreement you have is signed in the UK or the USA?
Customer: replied 1 year ago.

My books are printed and distributed by www.lulu.com based in luxemburg. It's an American firm that distributes via Barnes & Noble etc. in the USA. But I get hardly any profits from them, though my books are listed on Bookfinder4U at 3 or 4 times the price charged in Europe.

Expert:  Ash replied 1 year ago.
Which country is the contract governed by?
Customer: replied 1 year ago.

Luxembourg, where lulu.com is registered in Europe.

Customer: replied 1 year ago.

21. Jurisdictional Issues


The Site is controlled and operated by Lulu from the United States of America, and is not intended to subject Lulu to the laws or jurisdiction of any state, country or territory other than that of the United States of America. Lulu does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Lulu makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws and payment of any local taxes that may be payable in connection with any purchase from the Site.


22. Miscellaneous


Lulu’s headquarters and principal operations, including control and supervision of the Site, are based in Raleigh, North Carolina. This Agreement is governed by the laws of the State of North Carolina, without regard to its "choice of law" or “conflict of laws” provisions that would apply the laws of another jurisdiction. You agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Raleigh, North Carolina. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator(s) shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial. You or we may bring suit in court on an individual basis only, and not in a class, consolidated or representative action, to apply for injunctive remedies.

The Terms in Sections 16, 17, 18 and 19 relating to disclaimer of warranties, limitations of liability, indemnification and intellectual property shall survive termination of this Agreement. Notwithstanding, the arbitration requirement above, you agree to the jurisdiction of the State and Federal Court in the State of North Carolina, and Lulu has the right to seek additional remedies, including but not limited to injunctive relief, to enforce the aforementioned clauses or any other material provision of this Agreement.

Expert:  Ash replied 1 year ago.
Was it only these terms agreed nothing else?
Customer: replied 1 year ago.

Yes, only these terms.

Customer: replied 1 year ago.

yes, only these terms.

Expert:  Ash replied 1 year ago.
No contract signed with the people in Luxemberg?
Customer: replied 1 year ago.

No, none

Expert:  Ash replied 1 year ago.
Its bad news I am afraid. Given the contract is governed by USA law then you would have to sue there. This is because of the contract which states USA law applies.
Therefore sadly any proceedings will need to be issued there. I can't say the cost of that because I am a UK lawyer. But based on your contract I am sorry to say you would need a USA attorney.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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