EFFECTIVE July 1, 2021 (see archived versions); Renewed and updated (July 1, 2022)
NEW: Delegation/VM Terms Added - Effective When You Gain Access to the Delegation Feature
TABLE OF CONTENTS
- 1. Who we are and how to reach us
- 2. Who you are
- 3. Changes to the Public Author Terms of Service
- 4. Definitions
- 5. You may not publish in someone else's account
- 6. Acceptable Use Policies
- 7. Licenses you grant Boom Learning customers
- 8. Ownership
- 9. Clearances, repairs, refunds, and removal from the store
- 10. Marketing
- 11. External listings
- 12. Proceeds and Taxes
1. Who we are and how to reach us
"We" (also “our” and “us”) are Omega Labs Inc. dba Boom Learning, and our successors, assigns, and subsidiaries. Legal notices must be sent to 9805 NE 116th St Suite 7198, Kirkland WA 98034 or email@example.com.
2. Who you are
“You” means the business entity author who Publishes to the Store. You agree that you are accepting these terms for yourself and your business entity. All information you provide in your author profile is public information. There is a fee for changing your Pen Name once you have published your first resource to the store.
2.1 Your Relationship to us varies
For sales at https://wow.boomlearning.com, you are a wholesaler who is rendered payment for digital goods supplied at the moment of redemption. For sales at other locations, you are the retailer or a third-party supplier, and we are your service provider for delivery of the digital goods to your customer.
2.2 No joint venture
We are not creating a joint venture, partnership, or the relationship of principal and agent between us. Neither of us shall have any obligation to the other for any losses, debts, or other obligations incurred by the other except as set form in these terms. Boom Learning is not the employer of or and does not act as an agent for any Public Author.
2.3 You are engaged in a commercial use
You may set a price of free or a price in points for each item. All items for which you click Publish to the Store must follow the rules for a commercial sale. This is true even if the price is set as 0 (free). You must have all rights necessary in all included elements to engage in a commercial use of those elements. Rights may be obtained by being your original and non-derivative work, by obtaining rights by license, or by using works that have entered the public domain.
3. Changes to the Public Author Terms of Service
We will not make material changes to the Public Author Terms of Service without first providing notice via our newsletter service. Neither the mere reorganization of components between cross-referenced documents nor the addition of detail previously stated in our FAQs that does not alter fundamental commitments constitute a material change.
4.2 "Boom Cards" are the cloud-resident, interactive, self-grading teaching resources (“Boom Cards“), into which you incorporate “assets“, such as images, artwork, fonts, video, and sound, in the “Studio,“ and which you may list for a fee or no fee in the "Store" or on other marketplaces (“External Marketplaces“).
5. You may not publish in someone else's account
Public Author selling accounts must be in an account purchased by the selling entity (an individual or business). Public Authors shall not attempt to upgrade or sell from an account purchased by their employer without their employer's consent. The account owner (purchaser) owns all proceeds from a Public Author account.
6. Acceptable Use Policies
We serve the education market. Products must be appropriate to that market. They should be respectful of the rights of others. You may not serve advertisements to students. Failure to comply can result in locked payouts, locked accounts, suspension, and banning. It will also result in refunds being issued for materials that cannot be repaired. Our Acceptable Use Policies for Public Authors are incorporated into this Addendum and are binding terms. These are in addition to the Acceptable Use requirements in our Terms of Service.
6.1 Unfair trade practices will get your store closed - and you banned
You will NOT engage in unfair trade practices. Examples of unfair trade practices include, but are not limited to, copying the trade dress of another author; engaging in publishing, selling, or marketing your works in a manner that is deceptive, fraudulent, or causes injury to the consumer. An example is opening more than one store where the content is essentially the same. Sellers may only open more than one store if the stores serve distinct categories - such as general education, and then a simplified form for special education. Unfair practices include unethical methods used to gain an advantage or turn a profit, including keyword stuffing, use of terms in descriptions or keywords that are unrelated to gain a higher result in search, etc. We can ban you for life if you engage in unfair trade practices and refer you for civil or criminal enforcement. We will suspend you and your stores and require corrective action on your part.
6.2 Special rules for video
You may not embed any video in a Boom Cards deck Published to the Store that contains an advertisement of any kind. You are responsible for watching videos in full before embedding and ensuring that no videos are displayed. You are responsible for updating your videos if your hosting service changes its rules to add advertisements to your video. For Vimeo, you must have a premium Vimeo account so that your users do not see ads. You may not collect personally identifiable information from any user via a Vimeo link. You must turn off all marketing settings that collect information before including a Vimeo link in a deck.
6.3 Do not track or advertise to students
No videos may be included in a deck that are essentially advertisements unless the purpose of the deck is to educate about how advertising works. Examples of advertising that violates this rule is any link, QR code, video or other embedded element that takes a student to a site, video, or location that presents advertising to a student. This is not an exhaustive example list. If we learn of a deck that is serving advertisements to students or attempting to collect personal information from students, we will depublish it and require you to offer refunds to purchasers. You may also be subject to civil liability if you attempt to collect personally identifiable information from the user without their consent.
6.4 Bad choices have consequences
We do not have an obligation to monitor our sites and apps, but we do have a right to do so. We proactively edit and depublish Boom Cards that violate our acceptable use policy. We reserve the right to remove content, suspend you, ban you, or pursue other remedies against you at our sole discretion, any time, for any breach of the terms of our acceptable use policies or of this agreement, without notice. We reserve the right to provide information to third parties such as our authors, schools, law enforcement, supervisory authorities, and attorneys general, to enable them to pursue legal remedies against you. You agree that we will not be liable to you or any third party for any suspension or termination of your account. We give no refunds to Public Authors for Publisher membership fees when a Publisher membership is suspended or terminated. You will forfeit your current membership if your membership is suspended or terminated. If we terminate your account, you will not establish a new account without our permission. You will be required to pay anew to reopen an account.
7. Licenses you grant Boom Learning customers
7.1 Asset licenses
If you sell assets, you grant all necessary rights for users to incorporate assets into Boom Cards for creation, student playback, printing and print use, display and performance to students, and marketing of Boom Cards created with the assets.
7.2 Boom Cards licenses
For Boom Cards you create, you grant all necessary rights for users to print, assign, play, display, and perform Boom Cards with their students and in their educational context, including displays to administrators, parents, and others as required by the educational setting. The rights you grant are perpetual, irrevocable, and worldwide. You may provide your customers with more generous terms by including those terms in the product description and in any other location we make available for you to do so. If you provide a bundle, and your terms for items in the bundle are not identical, the most generous terms will apply. You promise you have read the Terms of Service and agree to license to accounts as described therein. We may modify the number of students an account or tier is allowed, at any time and in our sole discretion.
7.3 Licenses you grant to Boom Learning
You grant us a perpetual, worldwide, non-exclusive right and license to distribute your products to customers through Boom Learning.
7.3.1 Right of modification
Your grant gives us the right to make modifications necessary to conform to Boom Learning’s acceptable use policies and system requirements, including conversions, corrections, resizing and reformatting. You agree that in the course of correcting errors, maintaining site integrity, or providing customer assistance we may modify your products. You acknowledge that errors or reductions in quality may occur when we do so. Your sole remedy is to correct it yourself or to withdraw the product, and, if appropriate, resubmit an acceptable version.
7.3.2 License revocation is limited to new licensees
For products, you may revoke our license to distribute the product to new customers by withdrawing the product from the store. Once a product has been purchased, you may not revoke your customers’ rights to continue to use it nor may you revoke our right to continue to store and serve it to your customers who purchased it. You grant us a worldwide, non-exclusive, irrevocable, perpetual right to maintain and distribute copies of your products to support customers who have purchased them.
Subject to the licenses you grant us and your customers and their students, you retain all ownership rights in and to your products. We own all proprietary rights in and to Boom Learning, obviously excluding you and our suppliers’ products. You are solely responsible for accounting to and paying any of your co-owners or licensors amounts due to them.
9. Clearances, repairs, refunds, and removal from the store
9.1 Rights clearances and licenses
You will obtain all licenses and clearances needed to grant the rights you grant at your own expense. If any asset you purchase contains the intellectual property of a third party, you must also have permission from the third party. We respect intellectual property and privacy rights and will remove infringing items.
9.2 Right to withhold funds and to issue refunds
We may withhold monies owed to you while investigating claims made against you. If we determine you are in breach, we may choose to refund customers for products you sold in violation of these terms. If we issue refunds, we will recoup the refunds from any and all monies we owe to you and, if you have insufficient funds with us, bill you and suspend your account until you have paid us such amounts. You will remain responsible for all amounts due until paid in full.
9.3 Obligation of repair
If any Boom Cards deck created by you is purchased by a customer and it contains an asset you cannot lawfully include, you must repair the deck. Once a Boom Cards deck has been sold, you may only modify it to correct errors and omissions.
9.4 Right of removal
You may remove a product from further sale or close your account, removing all items from further sale. Removal is usually effective within 48 hours and is subject to system latencies. We may fulfill customer orders placed prior to the removal becoming effective. Resources purchased by buyers remain accessible to the buyers who have previously purchased them.
10.1. Use of the Boom Cards and Boom Learning marks and logos
Please talk about Boom Cards. Be sure to give credit where credit is due. Don’t claim as your own things that are not. If you post an image of Boom Learning or Boom Cards to any social media site available to the public, you grant Boom Learning and/or the author permission to repost that image with appropriate credit to you.
Boom Learning names and logos are the trademarks, trade names, and/or service marks of Boom Learning. Your names and logos are the trademarks, trade names, and/or service marks of you. You may use our names descriptively in reviews. Use of Boom Learning and Boom Cards names and logos must comply with our rules. For all other uses, ask for written permission from us first.
10.2 Use of your name and marks
You agree to allow users to use your name and product names in reviews. You agree that your name, avatar, photographic image, products, and product images may be used by Boom Learning to market Boom Cards and Boom Learning. You agree that Boom Learning may repost any blog, social media post, or another post you make as part of our efforts to promote your Boom Cards and/or Boom Learning, including making video recordings of your works, cropping, resizing, or similar modifications to create marketing materials, in any media now known or existing hereafter. You also grant us the right to use your store name and image to market Boom Learning and your products. You may revoke all or some of your grant to us contained in this paragraph by providing us a communication to help@BoomLearning.com describing how you wish to limit this paragraph. Your revocation will only apply to new campaigns and materials arising after the date we receive the notice. Be aware that if you revoke this grant, we will not be able to include your materials in marketing campaigns and your sales may suffer. We have no obligation to market or promote your products or to continue doing so after we have started to do so. We will not owe you any fees for marketing or promoting your products.
10.3 Public Authors consent to receiving email news from us
You consent to us sending you emails relating to selling from time to time. This takes precedence over any directions you may have given us elsewhere. To revoke this permission, you must close your store.
11. External listings
You may list products on marketplaces other than Boom Learning (“external marketplaces“) provided that you (a) use only the special URL provided to you for listing on a specific site (if you list on more than one site each site will have its own unique product URL), (b) pay a service fee for sales on other sites to cover technical and customer support expenses for serving your customers (see our payment schedule for a current list of service fees, (c) ensure that your listings contain the current required language from Boom Learning explaining what Boom Cards are, why accounts are required, and any promotional offer language (see MANDATORY READING - Selling on External Sites), and (d) you or your external marketplace will handle all payment processing, including refunds and providing proof of purchase. You may not make any warranties concerning Boom Learning to your customers.
If you list on external sites and pay us a service fee for the redemption, we will (a) provide technical and customer support to you and your customers, (b) at our option make special promotional accounts available to customers new to Boom Learning, and (c) credit your account and remove materials from an external buyer’s account upon proof from you that an item was refunded. When reconciling redemptions and sales be aware that the dates of each event for a customer may be days or months apart.
You may not resale memberships without the explicit consent of Boom Learning.
12. Proceeds and Taxes
We collect sales tax for sales made directly by Boom Learning. You are responsible for all other taxes that may be due and payable as a result of your sales, including taxes for sales on external marketplaces. We consider you a wholesaler for sales on Boom Learning. Where required by law, we may deduct or withhold any and all applicable taxes from your proceeds. The amount you receive, as reduced, will constitute payment in full. Upon certain reporting conditions being triggered, we may require that you provide accurate taxpayer identification information before receiving further payments. You must provide us with your full address.
All payouts are made in U.S. dollars. You must have a PayPal account to receive a payout unless you have contacted us. There are no alternative forms of payout available. We reserve the right to change the methods of payout, with notice, at our discretion. If we elect to issue a check, you bear the entire risk for the loss or theft of a check in the mail and fees associated with issuing a stop payment. Payouts are only made if you are not in breach of your obligations to us or under investigation for breach. We are not responsible for payout delays or other complications arising from Paypal or check delivery. We issue payouts as set forth in our Payouts and Service Fees, which may change from time to time. If your account is closed, we may withhold payouts for three months after the date they would otherwise be payable to ensure our ability to offset any refunds or other charges.
12.3 Your proceeds are net after fees, taxes, and other charges.
Your payout will be amounts earned from sales on the Boom Learning marketplace (wow.boomlearning.com/Store) minus amounts due to Boom Learning. You may owe amounts to Boom Learning for advertising supports, service fees for Boom Cards sold on other sites, renewals, points purchases, and more. See our payment schedule for the most current payout formula.
12.3.1 Complete My Bundle price adjustments
If you sold a bundle of Boom Cards and the buyer already had purchased, either from Boom Learning or from another site, portions of the bundle, the buyer will pay, and you will be owed, the “complete my bundle” payout, not the full bundle price, which may, in some cases, be ($0) zero.
12.3.2 Effective time of price changes
The start or stop time of free offers and point value changes you set are subject to system latencies and may not be effective immediately. You agree to accept payment at the points value the buyer was presented. You agree that services fees for external marketplaces will be assessed on the points value of the product redeemed at the time of redemption, which may vary from the date of purchase by days or months.
12.3.3 Reductions in your payout
Your payouts will be reduced by (1) any refunds issued on your products, (2) the fee PayPal charges us to make the payment to you, (3) amounts you owe us, and (4) your annual membership fee, if due for renewal. If you receive a payout in error, we may reverse or require the return of the payout. You agree to cooperate with us in our efforts to do so. We may reduce payouts owed to you to adjust for previous overpayments and may do so without notice. If you owe us money at the end of a payment cycle you will be invoiced, net 60 days. Unpaid invoices may result in the suspension of author accounts.
13. Delegation and Virtual Assistants
13.1 You are Fully and completely responsible for the actions of your Author Delegee
You are responsible for all actions of your Author Delegees. You will indemnify Boom Learning for any actions taken by your Author Delegees as if they were you. Delegees must have a paid Boom Learning subscription to act as a delegee. Author Delegees have access to your Boom Cards Asset Manager tools.