Creator Terms

These Creator Terms were last updated June 5, 2023.

When you sign up to become a creator on the Bamley platform, you agree to abide by these Creator Terms (“Terms“). These Terms cover details about the aspects of the Bamley platform relevant to creators and are incorporated by reference into our Terms of Use, the general terms that govern your use of our Services. Any capitalized terms that aren't defined in these Terms are defined as specified in the Terms of Use.

As a creator, you are contracting directly with Bamley d.o.o., (a company in Slovenia)

1. Creator Obligations

As a creator, you are responsible for all content that you post (“Submitted Content“).

You represent and warrant that:

you will provide and maintain accurate account information;
you own or have the necessary licenses, rights, consents, permissions, and authority to authorize Bamley to use your Submitted Content as specified in these Terms and the Terms of Use;
your Submitted Content will not infringe or misappropriate any third party's intellectual property rights;
you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
you will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.

You warrant that you will not:

post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
use the Services for business other than providing tutoring, teaching, and instructional services to students;
frame or embed the Services (such as to embed a free version of content) or otherwise circumvent the Services;
impersonate another person or gain unauthorized access to another person's account;
interfere with or otherwise prevent other creators from providing their services or content; or
abuse Bamley resources, including support services.

2. License to Bamley

You grant Bamley the rights detailed in the Terms of Use to offer, market, and otherwise exploit your Submitted Content. This includes the right to add captions or otherwise modify Submitted Content to ensure accessibility. You also authorize Bamley to sublicense these rights to your Submitted Content to third parties, including to students directly and through third parties such as resellers, distributors, affiliate sites, deal sites, and paid advertising on third-party platforms.

Unless otherwise agreed, you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, Bamley's right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content's removal. However, (1) rights given to students before the Submitted Content's removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) Bamley's right to use such Submitted Content for marketing purposes shall survive termination.

We may record and use all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Bamley permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or Bamley's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

3. Trust & Safety

3.1 Trust & Safety Policies

You agree to abide by Bamley's content quality standards or policies prescribed by Bamley from time to time. You understand that your use of the Services is subject to Bamley's approval, which we may grant or deny at our sole discretion.

We reserve the right to remove content, suspend payouts, and/or ban creators for any reason at any time, without prior notice, including in cases where:

a creator or content does not comply with our policies or legal terms (including the Terms of Use);
content falls below our quality standards or has a negative impact on the student experience;
a creator engages in behavior that might reflect unfavorably on Bamley or bring Bamley into public disrepute, contempt, scandal, or ridicule;
a creator engages the services of a marketer or other business partner who violates Bamley's policies;
a* creator uses the Services in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates Bamley's policies; or as determined by Bamleya in its sole discretion.

3.2 Relationship to Other Users

Creators don't have a direct contractual relationship with students, so the only information you'll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the Bamley platform, and that you won't solicit additional personal data or store student's personal data outside the Bamley platform. You agree to indemnify Bamley against any claims arising from your use of students' personal data.

3.3 Anti-Piracy Efforts

We may partner with anti-piracy vendors to help protect your content from unauthorized use. To enable this protection, you hereby appoint Bamley and our potential anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your content, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant Bamley and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.

You agree that Bamley and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to support@bamley.com with the subject line: “Revoke Anti-Piracy Protection Rights“ from the email address associated with your account. Any revocation of rights will be effective 72 hours after we receive it.

4. Pricing

4.1 Price Setting

As an creator on Bamley, we want to inform you that we use Stripe as our payment provider. Therefore, we rely on Stripe to handle the checkout experience, including the addition of taxes for some students. When creating your content available for purchase on Bamley, you will be prompted to select a base price (“Base Price“) for your content from a list of available price tiers.

You give us permission to share your Submitted Content for free with our employees, with selected partners, and in cases where we need to restore access to accounts who have previously purchased your Submitted Content. You understand that you will not receive compensation in these cases.

4.2 Transaction Taxes

If a student purchases a product or service in a country that requires Bamley to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes (“Transaction Taxes“), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due.

5. Payments

5.1 Revenue Share and Stripe Connect Express Account

When a student purchases your content on the Bamley platform, we want to ensure a seamless payment experience. To facilitate this, creators are required to create a Stripe Connect Express account before selling their content. Bamley uses Stripe as our payment provider to securely handle the distribution of the revenue share between us and the creators.

The revenue share for creators is 50% of the Net Amount, which is the amount remaining after deducting any applicable Transaction Taxes, mobile platform fees, service and processing fees, and amounts paid to third parties in connection with promotional programs. This ensures that you receive a fair share of the income generated by your content, minus any applicable deductions.

To ensure smooth and timely payments, please make sure to set up your Stripe Connect Express account correctly and link it to your Bamley creator account. Keeping your account information up to date is crucial for accurate and prompt payments.

If you have any questions or need assistance regarding the payment process or revenue share, feel free to reach out to our support team. We are here to support you and help you maximize your earnings on the Bamley platform.

Note: Please review Stripe's terms and conditions and privacy policy for further details on their payment processing services.

6. Trademarks

While you are a published creator and subject to the requirements below, you may use our trademarks where we authorize you to do so.

You must:

only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;
only use our trademarks in connection with the promotion and sale of your Submitted Content available on Bamley or your participation on Bamley; and
immediately comply if we request that you discontinue use.

You must not:

use our trademarks in a misleading or disparaging way;
use our trademarks in a way that implies that we endorse, sponsor, or approve of your Submitted Content or services; or
use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.

7. Miscellaneous Legal Terms

7.1 Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Bamley reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

7.2 Translations

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

7.3 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

7.4 Survival

The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to Bamley), 3.2 (Relationship to Other Users), 5 (Payments), and 7 (Miscellaneous Legal Terms).

8. Contractual Agreement for Publishing

Before publishing a cookbook, the creator and Bamley must sign a written contract that summarizes all the agreed-upon terms. This contract serves as the final agreement and may include terms that differ from the standard Creator Terms if both Bamley and the creator mutually agree on these changes. The written contract ensures clarity and binding commitment for both parties regarding the content, rights, and obligations related to the cookbook's publication.

9. Contact Us

If you have any questions, concerns, or requests regarding these Creator Terms or the handling of your personal information, please contact us at support@bamley.com.