At Boom Learning, we take pride in providing a quality experience for students and teachers.


PUBLISHING TO THE STORE IS A COMMERCIAL USE

All items for which you click Publish to the Store must follow the rules for commercial sale. This is true even if the price is set as 0 (free).


Private Publish publishes decks to your Library only. 

Share is an option to share decks you make to a fellow teacher's library.


FOLLOW THE TERMS FOR SELLERS

You need to read the Terms of Service for sellers -  https://wow.boomlearning.com/blog/terms.


We enforce these rules to maintain a quality store. Some of the rules are

  • No advertisements in decks.
  • Use only authorize images and text if they are not your own (more below).


CONSEQUENCES

If you violate the rules:

  • Your account will be downgraded (suspended).
  • You will fix or refund at your expense decks that do not follow the rules.
  • You may not modify sold decks except to correct errors and omissions.
  • If you fix a deck it must have similar value to the original once fixed.
  • We can bill you for refunds if you do not have enough money in your account to cover refunds.
  • Your payouts will be locked until all refunds are resolved - this can take up to 180 days.
  • You may not upgrade to a level that includes the store until you have fixed decks and identified decks to be refunded. The upgrade is at your expense.


AIM TO BE ERROR FREE


With the ability to immediately correct and repair errors, there is no reason to not fix a deck with an error.  


We expect these things of our authors:


  • That they read the FAQbefore selling Boom Cards from a site other than Boom Learning. Things that get sellers in trouble. 
    • Not showing the required disclaimer.
    • Having out of date Special Promotion information.
    • Having a broken link in a redemption .pdf (test before sharing).
  • That they only include material in decks that is appropriate for a student to see.
  • That they respect the copyrights and trademarks of others. 


If you need to include teacher information to go with a deck, create a .pdf file or an adult-oriented deck (tag it Univ) and bundle it with the student-oriented deck. Do not put content for adults in decks tagged for a level of K-12.


ABSOLUTELY NO ADS IN DECKS


There are strict laws about what can be presented to students. There is zero tolerance for ads in decks tagged to a level of K-12. This is a suspension level offense.


If we see these in a deck your store will be suspended until all are cleared

1. A URL to a store
2. Words telling people where to purchase a complete deck
3. Words on how to follow you or asking people to follow you


These may be included in a file that is bundled with a deck. 


RESPECT THE RIGHTS OF OTHERS - COPYRIGHT AND TRADEMARK


We are Digital Millenium Copyright Act (DMCA) compliant and we expect you to respect the rights of others. If you get it wrong, your store will be suspended.


It is your obligation to educate yourself. For a basic primer on copyright and trademark law for authors please read this articlehttps://www.copylaw.com/new_articles/trademrk.html.


We cannot provide you with legal advice. We will tell you if a course of action will result in your account being at risk of suspension. 


Text or Art that Is Inspired by the Work of Others


Derivative works are works inspired by an original work by an author. If the derivative work is not in the public domain, 

you need to purchase a license for commercial use from the person managing the rights for the original creator. 


For example, you make or buy a blue horse image that you design to look just like the blue horse created by Eric Carle. You have made a derivative work. You must have a license from The World of Eric Carle. If you buy or create a blue horse based on Franz Marc's Blue Horse, which is in the public domain, your image does not require a license.


The Original Creator Must License the Use

The original artist owns all exclusive rights to derivative works. If the person you purchased an image from had a right to sell it to you for commercial use they will be able to provide you with proof of a license from the original artist. 


Here is an example: You purchase Pete the Cat clipart from a clip artist. You can ask the clip artist if they have a license from Merrymakers that gives them a right to sell images for commercial use. If they do not have the license, it means your work is infringing and your account is suspended.


We provide a non-exhaustive list as a courtesy only of some rights licensing agencies.


Book and Movie Companions

The copyright owner of a work owns the exclusive right to perform (read aloud), display (show the pages), and make derivative works of (use the original art in new ways) for a work of authorship. 


Unless you obtain a license from the copyright owner, no companion deck placed in the store may contain a read aloud, show the cover or pages of, or include any original art, or copies of the original art, from a work by another. 


What happens if we notice materials that appear to be infringing


  1. Your payouts will be locked.
  2. Your store will be suspended by us downgrading you. 
  3. Your account records will be amended with a note of a strike for infringement.
  4. You will be informed that you need to
    • Provide proof of a license from the original copyright owner. If provided, your account will be restored. A better course of action is to list in the Acknowledgements the license so we don't have to guess. 
    • Correct decks that can be corrected and retain their value by replacing text and images. Do this during off hours as it affects decks in libraries. You will be responsible for requested refunds. Your payouts will be locked for 30 days. You can request permission to reopen your store when complete. 
    • Identify a list of decks that cannot be corrected for which refunds must be issued. Your payouts will remain locked until refunds are issued. You can request permission to reopen your store when complete.

If we suspended your account and you do not have a license, you pay to reopen the store. These decisions are made in our sole discretion based on the facts available to us at the time we become aware of a potential issue.


What happens if we receive a DMCA takedown request

  • Your payouts will be locked.
  • We will unpublish the notice material.
  • Your account records will be amended with a note of a strike for infringement.
  • You will be informed that you are the subject of a DMCA takedown request.


Repeat infringements may be banned from the Boom Store for a period of time solely determined by us. A repeat infringer forfeits payouts pending at the time of banning.


What is Infringement?


Infringement is the copying of expressive elements without permission. 


Infringement cannot be based on the copying of a work in the public domain. For a work to be in the public domain, the term of copyright must have expired or there must be an affirmative statement from the original artist of abandonment to the public domain.


Infringement cannot be based on the copying of ideas, procedures, processes, systems, methods of operation, concept, principle, or discovery. Accordingly, gameplay is not protected by copyright.


For example, a blue horse in and of itself is not an infringement. A blue horse that copies the pose of Franz Marc's blue horse is not an infringement because that work is in the public domain. A blue horse that copies the pose, main, tail, distinctive eyes and look of Eric Carle's blue horse is an infringement.


The test that applies depends on the number of non-copyrightable elements present. Here are some simplified versions for you to apply.


Do I look at this artwork or text and say that's __________________? If so, it is likely infringement.

Do I look at this and say, it reminds me of ___________________ , but only because both are (color) (type)? But it doesn't have anything that makes me think it is definitely a certain artist or source. If so, it is likely safe.

Do I look at this and say, it is a lot like ________________ even though it is distorted? If so, it is likely (but not always) infringement.


Some cases are evident - such as a cat image drawn to look nearly identical to Pete the Cat (shoes, eyes, coloring, posture, whiskers, etc) or Peppa the Pig (posture, clothes, eyes, etc.). We will act on those regardless of who reports them. 

If the reporting party is not the copyright owner, we will determine, in our sole discretion, whether to remove an item, taking into account any information we have about the copyright owner's preferences, licenses, fair use and unprotectable element analysis. 

Copyright may not be used to obtain a monopoly on an idea, only patent may used to obtain a monopoly on an idea. If you are contacting us complaining that another seller copied your idea, but there is no evidence that your expression was copied, we will not take action for an abuse allegation. If you submit a DMCA takedown request and do not have a good faith belief of infringement of expression (not merely ideas), we will annotate your account. Those who abuse the DMCA takedown process will have their accounts locked.