BoomRoom Creator Addendum
This BoomRoom Creator Addendum is a part of BoomRoom’s Terms of Service and sets forth the terms and conditions by which you, as Creator, may monetize your performances using our platform.
1. Eligibility. To sell or offer content and items through BoomRoom, you must use and maintain a BoomRoom Creator account.
2. Selling Options. BoomRoom may offer the opportunity to monetize through (a) user subscriptions; (b) ticket sales; (c) offering items for sale; and (c) accepting donations/tips. Creator can choose to make a livestream performance free to view while encouraging tips, or they can require tickets to be purchased in advance of the performance. A livestream performance can be required to be a ticketed event, at the discretion of BoomRoom, based on anticipated viewership. Payments are made by users using a third-party payment solution (“Payment Vendor”). To enable this feature, you must use Payment Vendor and comply with its terms of service. BoomRoom is not responsible for payments made through Payment Vendor.
3. User Content. If you allow end users to submit comments on your BoomRoom performances or posts, you must moderate that content consistent with our Terms of Service.
- Limited License. You hereby grant BoomRoom the right and license to reproduce, distribute, transmit, sublicense (to end users for their personal viewing), transcode, publicly perform and exhibit, and otherwise exploit and promote the video (and all related content that you may upload, including poster and video description) in accordance with your choices. You also grant BoomRoom the right (but not the obligation) to use and authorize others to use your name(s), likeness(es), biographical material(s), or voice(s), as contained in the content you upload, in any media for the purpose of promoting your videos or series.
- License Period. The above licenses will continue so long as you offer content for sale. If you remove content, BoomRoom (a) will cease offering it for sale to new viewers; and (b) may, in its discretion, continue to make the content available to those users who previously purchased the content or provide full or partial refunds to such persons.
5. Economics.
- Your Revenue. To the extent that BoomRoom collects revenue from consumers with respect to the sales of your videos (live stream performances or uploaded content), or other sources of revenue within BoomRoom, BoomRoom will charge the applicable fees set forth below and, subject to the terms hereof, remit the remaining amounts, less taxes, chargebacks, and refunds to you (such net amounts, "Creator Revenue").
- BoomRoom Fees. For each sale on BoomRoom involving subscriptions, tickets or items for sale, you agree to pay BoomRoom a service fee equal to 20% of the transaction amount. 100% of all tips/donations go directly to you. Transactional Costs are paid directly by consumers. "Transactional Costs" are amounts paid by BoomRoom to Payment Vendor and other third parties to facilitate a transaction and may include, without limitation, payment processing fees, foreign exchange fees, and platform fees (e.g., for in-app purchase).
- Promotional Codes. We may make promotional codes available to you to distribute your content to backers, reviewers, and friends and family for viewing without charge. You may not sell promotional codes or otherwise use them to distribute your content in exchange for payment or other consideration without BoomRoom’s prior written consent. We reserve the right to restrict promotional codes for any reason.
- Payment Terms. In order to receive payment of your Creator Revenue, you must have your payout preferences selected within your Creator profile. BoomRoom will make all payments to your bank account(s) as selected within your Creator profile via Stripe or another Payment Vendor supported by BoomRoom. Any revenue generated by Creator prior to selecting payout preferences will be remitted to Creator on the next payment date following the selection of payout preferences by Creator. Payout processing time can vary, but typically takes around 3-5 business days. Weekends and holidays can increase the amount of time that it takes for you to receive your payment.
- Payment Vendors. If payment of Creator Revenue is facilitated by Payment Vendor (e.g., Stripe), you must create and maintain an account with that vendor. In doing so, you must comply with Payment Vendor’s terms of service. To the extent that BoomRoom collects revenue from consumers, you agree to: (a) the Stripe Connected Account Agreement; and (b) comply with Stripe’s Restricted Businesses policy. You must provide all requested information in a timely manner. BoomRoom will not be responsible for non-payment if you fail to do so. You represent that all information provided by you is accurate, complete, and up to date. You agree to promptly update information you previously provided if it becomes inaccurate.
- Consumer Refunds. BoomRoom may, but will not be required to, provide refunds to consumers where: (a) BoomRoom reasonably believes that the consumer was unable to stream in a manner consistent with the purchase terms; (b) BoomRoom determines that a refund is appropriate based on its internal policies (which will be provided to you upon request); (c) BoomRoom suspects fraud; (d) the title is subject to a notice of alleged intellectual property infringement; or (e) you have breached the terms of BoomRoom’s Terms of Service.
- Reservation of Rights. BoomRoom shall have no obligation to pay Creator Revenue with respect to any transaction (a) that is the subject of a refund or chargeback; (b) that BoomRoom reasonably determines is fraudulent; or (c) that involves content or conduct that violates BoomRoom’s Terms of Service. You must repay BoomRoom any amounts you have received with respect to any of the foregoing. BoomRoom may withhold amounts or, make adjustments to, Creator Revenue: (a) to satisfy any amounts owed by you to BoomRoom; (b) to provide a reserve for anticipated or provided refunds or chargebacks; or (c) pending any investigation of breach of our Terms of Service, fraud, or other illegality.
- Currency. If we permit and you request payment of Creator Revenue in a currency other than U.S. dollars, we will charge a foreign exchange fee. BoomRoom may permit you to sell content in currencies other than U.S. dollars. Transactions in foreign-denominated currencies will be converted into U.S. dollars for each day of sales based upon the day’s final exchange rate as reasonably calculated by BoomRoom. For clarity, a day is determined by reference to the time zone applicable to Dallas, Texas. All amounts will be paid out in U.S. dollars or, at BoomRoom’s option, the currency of your country.
6. Taxes. You are solely responsible for determining and complying with your tax obligations. BoomRoom does not provide legal, tax, or accounting advice. You should consult your tax advisors concerning the application of tax laws to your particular circumstances.
- Income taxes are solely your responsibility. BoomRoom may withhold amounts from any amounts due to you that BoomRoom determines in good faith must be withheld pursuant to tax law. BoomRoom may file reports concerning income with any taxing authority, including the U.S. Internal Revenue Service. You must provide all tax and identity documentation that we request in order to make payments to you.
- Sales Taxes. BoomRoom may collect taxes (e.g., sales tax or VAT) on any transaction where it reasonably believes that tax collection is required. Where BoomRoom believes in good faith that VAT collection is required, BoomRoom may collect VAT on a "VAT-inclusive" basis, meaning that it will charge the retail price of the item and deduct applicable VAT from the amounts received from the purchaser.
7. Compliance. You must comply with BoomRoom’s Terms of Service at all times. BoomRoom may suspend, limit, or disable your participation in BoomRoom at any time, with or without notice, for any violation of our Terms of Service.