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BOOMWRITER HAUNT TERMS OF USE

Effective April 24, 2020

Please read and agree to these terms before you or your child use our services. If you do not agree with these terms, you may not register or use our services. You and your child will be expected to follow these terms along with The Haunt rules. If this is not the case, we reserve the right to terminate your account and/or subscription.

Registration and Responsible Adult responsibilities

Children cannot register. As the Responsible Adult, you act as the gatekeeper for any child using the site under your registration, and you take responsibility for monitoring and moderating any user materials produced by the child.

As the Responsible Adult, you may allow children under your control and supervision to use the services under your registration, providing that in doing so you accept and acknowledge that:

- The children you allow to use the services are under your control and supervision and you have appropriate parental consent if you are not the legal parent/guardian.

- You may only allow children, not adults, to use the services under your registration.

- You recognize the need to prevent unauthorized access to your account and will take all reasonable steps to prevent this.

-You will monitor and moderate user materials produced by the children before allowing it to be shared or made public.

-User Material produced by the children under your registrations is by default restricted to the child in question and you. You take full responsibility to ensure that there is nothing in the user materials that could be considered personal information in that it could allow any child to be identified, or that is inappropriate or copyright material.

Inappropriate Material

You may not submit User Materials that are inappropriate or allow inappropriate content to remain on our system. We have the right but not the obligation to monitor, screen, remove, modify, and store User Materials, at any time and for any reason, without prior notice to you. We are not responsible for and do not endorse or approve any User Materials. If we become aware of content that we consider inappropriate or that otherwise breaches these terms we reserve the right to delete the content and/or terminate your account or subscription.

Material that is "inappropriate" includes anything that:

- is abusive, immoral, defamatory, discriminatory, disrespectful, bigoted, hateful or obscene;

- might be offensive or cause distress to another BoomWriter Haunt member

- is illegal or promotes any illegal or unlawful activity;

- infringes upon or violates any third party’s rights, including but not limited to copyright and intellectual property rights, rights of privacy, including unauthorized disclosure of a person’s name, e-mail address, physical address or phone number, and/or rights of publicity;

We do not monitor any websites, which may make reference to us on their pages.

Passwords and Security

The security and confidentiality of your account is extremely important to us, and we have implemented technical and administrative measures designed to prevent unauthorized access.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, including choosing a password of adequate strength, changing it regularly, and not disclosing it to anyone else. You are responsible for all activities under your account that you can reasonably control. You should not try to avoid, circumvent, or bypass any of the security measures of the website. However, no website can be completely secure, and if you have any concern that your account or log-on details have been compromised you should contact us straight away.

Browsing the Internet Safely

We may provide links to other websites from time to time. However, we do not sponsor or endorse these websites and you should check their terms and conditions fully before using their websites. Please ensure that you also refrain from using any Personal Information on various other websites that you may visit.

Ownership and Intellectual Property Rights

By "Intellectual Property Rights" what we mean is all ownership rights and interests in copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications therefore and other similar rights.

All Intellectual Property Rights on/on the website, its underlying software and technology and the products made available through the website belong to and vest in us, or are licensed to us.

Subject to these terms you may use the website for your private, non-commercial, personal use only. You may not transfer, sub-license, or deal in this right without our prior written permission.

These terms and the rights they grant, do not give you any title or rights of ownership in the website, any products (except to the extent they include your User Materials) or any User Materials other than your own, and should not be deemed a sale or transfer of any copyright or other right.

Copyright and Intellectual Property Rights relating to User Materials

In using BoomWriter Learning products, including The Haunt website, any associated microsites, or dedicated Haunt apps, you will produce certain User Materials. These may be created by yourself or created under your registration, by others. In all cases, to ensure we can fully utilize, promote and share these User Materials, you assign to us the copyright of all User Materials, including those created under your registration, and agree that we may use, publish, edit, modify and adapt your User Materials and those created under your registration and you hereby grant us a perpetual, unrestricted right and global license and all necessary permissions, consents and licenses required for us to use the User Materials provided by you and any associated Intellectual Property Rights, for any purpose whatsoever included but not limited to use on the website or any media, content or materials or other information which may be published, released or aired/screened, etc in relation to The Haunt whether by BoomWriter Learning or anyone authorized by them. This is essential and part of our work to promote children's literacy and motivate young writers. Where the exploitation of User Materials can't be directly related to this core mission, we will attempt to actively seek additional assurances from you directly.

You represent and warrant that your User Materials and those created under your registration conform to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Materials in all manners contemplated by these terms. You agree to indemnify and hold us and our employees and officers harmless from any demands, loss, liability, claims or expenses (including legal fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Materials and those created under your registration.

We promise that all User Materials will be used responsibly on the website or on any other products (as far as we are able to control such use).

All our Intellectual Property Rights are asserted and reserved. All third-party trade names and trademarks are held by their respective owners and we make no warranty or representation in relation to them.

Privacy Policy

Please see our Privacy Policy to understand what information we collect, how we collect it and what we do with it. Your privacy is important to us and any Personal Information will be used in accordance with our Privacy Policy. In accepting these Terms and Conditions you are also stating that you have read our Privacy Policy and agree with its content.

We will only disclose member names and the state/province and/or country when displaying User Materials on the Website or on any BoomWriter Learning products. However, we reserve the right to use information that you have made public for commercial purposes.

Additional Activities

We may run additional activities, either on our own or in partnership with others, that may have supplemental terms and conditions, in addition to these terms. Typically, all activities involve publishing work and making it publicly available. If the activity’s terms differ from those stated in our standard terms of use or privacy policy, they will be clearly stated alongside the competition.

Subscriptions

The Subscription Fee shall be applied to your selected payment method on the same day of the start of the subscription each month thereafter or the earliest day prior if the date does not exist that month (each such date being a "Payment Date").

Any change in the Subscription Fee will be notified by email no less than one month prior to the increased Subscription Fee commencing.

Please note that if the website is inaccessible or shutdown due to a fault by us for a period longer than 72 hours you will be afforded a refund of the Subscription Fee for the time during which the website was not available. To claim this refund you must email thehaunt@boomwriter.com. If you are having connection issues with your internet service provider or computer access then you are not eligible for the refund.

Cancellation

If you wish to cancel your account and/or subscription at any time then you must contact us. We will attempt to reply within 48hrs.

Purchases

You may purchase products through the website in two ways:

When you place an order for a product ("Order") this will be deemed an offer to buy the product for the price stated, subject to these terms.

After you have submitted your Order, we will send you an email to confirm that we have received the order. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order.

Once we have sent the confirmation email we then get to work on meeting your Order and if we can, we will arrange for each product to be sent to the address stated in the Order process.

Alternatively, you can buy online using our payment partner Stripe. This will subscribe you to the product immediately at the displayed price.

Any international fees that you incur from your bank will be your responsibility and are not included in our price, be that standard or special offer pricing.

We reserve the right to, for any reason, determine what countries/regions we will and will not ship products to.

Returns and Refunds Policy

Except for any product that is bought as part of a Special Offer or customized for you, you may at any time within 24 hours of delivery of the product to you or the completion of your trial, change your mind and cancel your Order to receive a full refund. All cancellations after 24 hours will only apply to the time that the next payment is due.

In the case of any product that is customized by or for you, you will not be entitled to cancel your Order after it has been placed.

In the event that a product is faulty or defective, please contact us as set out below and we will provide you with a replacement copy or a refund.

If you cancel your account, you will not be entitled to a refund for any unused time on a monthly or yearly subscription.

Shipping and Delivery Policy

When you Order, we will do our best to create and prepare your product for shipping within 15 working days of receiving your Order.

Payments for Products and/or Subscription Fees

All Payments made to us are processed by us in conjunction with Stripe.

Payments can only be processed using the credit or debit cards acceptable to Stripe from time to time or card or any other such method as we may introduce in our sole discretion.

Payment is due from the moment an Order is accepted. We aim to debit money from your account within three working days after receiving your Order.

We reserve the right to accept or refuse any payment made in any form.

You will not be charged for any Orders that cannot be fulfilled and where appropriate we will re-credit to your account any sum debited by us.

We cannot guarantee that a particular product will always be available.

Please refer to the Privacy Policy regarding use of your data (including credit card data).

Your credit card company may also do security checks to confirm it is you making the payment.

All Order details and invoices will be sent to the delivery address and not the credit card billing address.

Your statutory rights are unaffected by these terms.

Cardholders under the age of 18 are not permitted to make any payment to us and we reserve the right to request confirmation of the age of any person attempting to process any payment to us.

Quoting And Linking The Haunt/boomwriter.com

If you wish to quote, link, reference or recommend us or the website you must not claim to have an association or affiliation with us or the website unless authorized by us to do so. To request authorization please contact us at thehaunt@boomwriter.com

Questions

All questions, inquiries or complaints should be sent by email to thehaunt@boomwriter.com or via mail to BoomWriter, One Broadway, Floor 14 Cambridge, MA 02142

Liability

We are committed to the website being used solely for educational and entertainment purposes on an "as is" basis and are liable only to provide its services with reasonable skill and care. We do not accept liability for the website working perfectly and accept that there may be times when the website is unavailable. To the maximum extent permitted by law, we exclude liability for any loss or damage of any kind arising out of your use of the website or any information, User Materials or other items you obtained from us, including without limitation any direct, indirect, punitive or consequential damages whether or not such arises out of any problem you may notify to us and we shall have no liability to pay any money by way of compensation.

We do not warrant that the operation of the website will be uninterrupted or error-free.

These terms are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit our liability for death or personal injury resulting from neither our negligence nor any fraudulent representation.

Except as provided above there are no other warranties, conditions, or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.

Failure to enforce any of these terms will not be deemed a waiver of any term or right.

If any part of these terms is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.

Jurisdiction

The Haunt and BoomWriter operate under and comply with the laws and regulations of the United States and no representation or warranty is made as to whether the website complies with the regulatory regime and local laws of any other country.

Use of the website and these terms are subject to U.S. laws which shall exclusively govern the interpretation, application, and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the U.S. and the parties submit to the exclusive jurisdiction of the United States judicial system.

These terms apply to all and any use, access, and availability of the website and the purchase of all products. Use of this website and all of the features mentioned above means that you agree to these terms. If You do not agree with these terms You should not use the website.

Definitions

The following words shall have the definitions set out below:

"Adult" - means a person over the age of 18 except that, where the country or jurisdiction of the user has established a higher age for adulthood, that higher age shall apply.

"Child (or Children)" – means a person (or people) under the age of 17.

"Responsible Adult" – means a Teacher, Parent or Guardian or other Adult holding parental responsibility over the Children they permit to use the Services and who accepts the responsibilities set out in these Terms of Use.

"Services" – means the services provided by The Haunt and BoomWriter on its website or websites.

"Account" – means a registration for the Website which allows access to and use of the Website;

"Class" – means the name given to a Group/Class of participants on the Website;

"a member" – means a user of the Website who has registered an Account, or a Child participating in The Haunt under the supervision of a Responsible Adult.

"Haunt activity" – means all BoomWriter Haunt activities including the use of the Website and the use of all BoomWriter products.

"Payments" – means any payment required to be made to us in respect of any product or service provided or sold by us and made in accordance with these Terms and Conditions and for the avoidance of doubt such payments shall include the Subscription Fee;

"Products" – means the things and experiences you can buy through the Website such as merchandise and activities;

"Subscription" – means registration for the Website which incurs a Subscription Fee but which allows full access to and use of the Website;

"Teacher" or “educator” – means a person who provides education to Children, and is authorized to do so in the country or jurisdiction in which they teach.

"Termination Date" – means the date on which you cancel your Account and/or Subscription, 7 days after We are notified that you have instructed your nominated bank to cancel the direct debit instruction which pays your Subscription Fee; or on which We terminate your Account or Subscription in accordance with these Terms and Conditions;

"Terms of Use" and “terms” – means this webpage which states the rules and regulations you accept to use the website;

"Us, We and Our and The Haunt or BoomWriter" means BoomWriter Learning located at 1 Broadway, Floor 14, Cambridge, MA 02142

"User Materials" – means all content created by you or under your registration, creations, materials, artwork, stories or other creative writing pieces and all other activities uploaded or made available by you (or other users) to or from using the Website;

"Website" – means www.boomwriter.com and any and all related pages, sites or online programs;

Updates to These Terms of Use

These Terms may be amended from time to time and you should, therefore, keep them under review.