Please read the following Legal Terms and Requirements for Digital Content Providers carefully.
THESE TERMS AND REQUIREMENTS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND STUDYBUDDYCAMPUS
LLC. IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR LEGAL ADVISORS WITH RESPECT TO YOUR LEGAL OBLIGATIONS HEREUNDER.
This policy contains the following sections, and you can jump to each by selecting the links below:
1. Purpose
You would like to develop Digital Content (art, illustrations, books, games, course material, music, etc) and submit it for
sale and distribution to the StudyBuddyCampus online community (“The Community”). StudyBuddyCampus is willing to sell and
distribute Your Digital Content under the Terms and Requirements set forth in this Legal Agreement.
Digital Content that meets StudyBuddyCampus' Terms and Requirements of this Legal Agreement may be submitted for consideration
by StudyBuddyCampus for sale and distribution via the Community Store. If submitted by You and selected by StudyBuddyCampus, Your
Digital Content will be digitally signed by StudyBuddyCampus and distributed through the Community Store.
2. Accepting this Agreement
The Terms and Requirements set forth in this document apply to all persons (“you”) who register as a StudyBuddyCampus Digital
Content Provider, and constitute a binding, legal agreement ("Agreement") between the User and StudyBuddyCampus LLC ("StudyBuddyCampus").
In order to submit Digital Content for sale and distribution on the StudyBuddyCampus online community, You must first agree to
this Legal Agreement. If You do not or cannot agree to this Legal Agreement, You are not permitted to submit Digital Content for
sale or distribution on the StudyBuddyCampus online community. Additionally, to receive and maintain your status as a StudyBuddyCampus
Digital Content Provider, you must pay all registration, submission and renewal fees and Sales Commission as listed on Appendix A: Pricing,
Fees and Commissions, of this Legal Agreement.
To accept and agree to the Terms and Requirements of this Legal Agreement on Your own behalf and/or on behalf of Your company, organization,
educational institution, or agency, instrumentality, or department of the federal government as its authorized legal representative, send a
reply e-mail to digitalcontentprovider@studybuddycampus.com, stating “I,
(Your full name) agree with the StudyBuddyCampus Digital Content Provider Agreement”.
3. Appointment of Agent
You understand and agree that by becoming a Digital Content provider, no legal partnership is created between You and StudyBuddyCampus.
Neither You nor StudyBuddyCampus is a partner or has any authority to bind the other. The parties acknowledge and agree that their relationship
is, and shall be, that of principal and agent, and that You, as principal, are, and shall be, solely responsible for any and all claims and
liabilities involving or relating to, the Licensed Digital Content. You agree not to represent otherwise.
You hereby appoint StudyBuddyCampus as Your non-exclusive, worldwide agent for the sale and delivery of the Licensed Digital Content provided
by You for sale and distribution to end-users, during the Term of this Agreement. You hereby acknowledge that StudyBuddyCampus will deliver the
Licensed Digital Content to end users in StudyBuddyCampus' own name, through one or more Community Stores, but for You and on Your behalf.
You hereby authorize and instruct StudyBuddyCampus to:
(a) solicit and obtain orders on Your behalf for Licensed Digital Content from end-users of the community; (b) provide hosting services to
You, in order to allow for the storage of, and end-user access to, the Licensed Digital Content; (c) make copies of, format, and otherwise
prepare Licensed Digital Content for acquisition and download by end-users; (d) allow end-users to access copies of the Licensed Digital Content,
so that end-users may acquire from You and electronically download those Licensed Digital Content, Licensed Digital Content Information, and
associated metadata to end-users through one or more Community Stores; (e) use (i) screen shots and/or demo versions of the Licensed Digital
Content; (ii) trademarks and logos associated with the Licensed Digital Content; and (iii) Licensed Digital Content Information, for promotional
purposes in marketing materials, and use images and other materials that You may provide to StudyBuddyCampus, at StudyBuddyCampus' reasonable
request, for promotional purposes in marketing materials; and (f) otherwise use Licensed Digital Content, Licensed Digital Content Information
and associated metadata as may be reasonably necessary in the delivery of the Licensed Digital Content. You agree that no royalty or other
compensation is payable for the rights described in this paragraph.
4. Pre-Release StudyBuddyCampus Software
From time to time during the Term, StudyBuddyCampus may provide You with pre-release versions of the StudyBuddyCampus Software or related
services that constitute StudyBuddyCampus Confidential Information and are subject to the confidentiality obligations of this Agreement. Such
pre-release StudyBuddyCampus Software and related services should not be relied upon to perform in the same manner as a final-release
commercial-grade product, nor should it be used with data that is not sufficiently and regularly backed up, and may include features,
functionality or APIs (Application Programming Interface) for services that are not yet available.
You agree that all pre-release versions of the StudyBuddyCampus Software (including pre-release Documentation) and services, any Terms and
Requirements contained herein that disclose pre-release features of the StudyBuddyCampus Software or services, will be deemed "StudyBuddyCampus
Confidential Information"; provided however that upon the commercial release of the StudyBuddyCampus Software the Terms and Requirements that
disclose pre-release features of the StudyBuddyCampus Software or services will no longer be confidential. Notwithstanding the foregoing,
StudyBuddyCampus Confidential Information will not include: (i) information that is generally and legitimately available to the public through
no fault or breach of Yours, (ii) information that is generally made available to the public by StudyBuddyCampus, (iii) information that is
independently developed by You without the use of any StudyBuddyCampus Confidential Information, (iv) information that was rightfully obtained
from a third party who had the right to transfer or disclose it to You without limitation, or (v) any FOSS (Free and Open Source Software)
included in the StudyBuddyCampus Software and accompanied by licensing terms that do not impose confidentiality obligations on the use or
disclosure of such FOSS.
You agree to protect StudyBuddyCampus Confidential Information using at least the same degree of care that You use to protect Your own
confidential information of similar importance, but no less than a reasonable degree of care. You agree to use StudyBuddyCampus Confidential
Information solely for the purpose of exercising Your rights and performing Your obligations under this Agreement and agree not to use
StudyBuddyCampus Confidential Information for any other purpose, for Your own or any third party's benefit, without StudyBuddyCampus' prior
written consent. You further agree not to disclose or disseminate StudyBuddyCampus Confidential Information to anyone other than: (i) those
of Your employees and contractors, or those of Your faculty and staff if You are an educational institution, who have a need to know and who
are bound by a written agreement that prohibits unauthorized use or disclosure of the StudyBuddyCampus Confidential Information; or (ii)
except as otherwise agreed or permitted in writing by StudyBuddyCampus. You may disclose StudyBuddyCampus Confidential Information to the
extent required by law, provided that You take reasonable steps to notify StudyBuddyCampus of such requirement before disclosing the
StudyBuddyCampus Confidential Information and to obtain protective treatment of the StudyBuddyCampus Confidential Information. You acknowledge
that damages for improper disclosure of StudyBuddyCampus Confidential Information may be irreparable; therefore, StudyBuddyCampus is entitled
to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.
5. Updates
StudyBuddyCampus may extend, enhance, or otherwise modify the StudyBuddyCampus Software or services provided hereunder at any time without
notice, but StudyBuddyCampus shall not be obligated to provide You with any Updates to the StudyBuddyCampus Software. If Updates are made
available by StudyBuddyCampus, the Terms and Requirements of this Agreement will govern such Updates. StudyBuddyCampus is not obligated to
provide any maintenance, technical or other support for the StudyBuddyCampus Software or services. You acknowledge that StudyBuddyCampus has
no express or implied obligation to announce or make available any Updates to the StudyBuddyCampus Software or to any services to anyone in
the future. Should an Update be made available, it may have APIs, features, services or functionality that are different from those found in
the StudyBuddyCampus Software licensed hereunder or the services provided hereunder.
6. Ownership
StudyBuddyCampus retains all rights, title, and interest in and to the StudyBuddyCampus Software and any Updates it may make available to
You under this Agreement. You agree to cooperate with StudyBuddyCampus to maintain StudyBuddyCampus' ownership of the StudyBuddyCampus
Software, and, to the extent that You become aware of any claims relating to the StudyBuddyCampus Software, You agree to use reasonable
efforts to promptly provide notice of any such claims to StudyBuddyCampus.
The parties acknowledge and agree that StudyBuddyCampus shall not acquire any ownership interest in or to any of the Licensed Digital
Content or Licensed Digital Content Information, and title, risk of loss, responsibility for, and control over the Licensed Digital Content
shall, at all times, remain with You. StudyBuddyCampus may not use any of the Licensed Digital Content or Licensed Digital Content Information
for any purpose, or in any manner, except as specifically stated in this Legal Agreement.
7. Your Obligations
You certify to StudyBuddyCampus and agree that:
(a) You are of the legal age of majority in the jurisdiction in which You reside (at least 18 years of age in many countries) and have the
right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company,
organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right and
authority to legally bind such entity or organization to the Terms and Requirements of this Agreement, Notwithstanding the foregoing
restrictions in this Section, if you are the parent or legal guardian of individuals between the ages of 13 and the legal age of majority
in the jurisdiction in which you reside, you may allow such individuals to share your StudyBuddyCampus Digital Content Provider ID for their
use solely under your supervision and only in accordance with this Agreement. You are responsible for such individuals' compliance with and
violations of this Agreement and any other StudyBuddyCampus agreements;
(b) All information provided by You to StudyBuddyCampus or Your end users in connection with this Agreement or Your Digital Content,
including without limitation Licensed Digital Content Information, will be current, true, accurate and complete and, with regard to information
You provide to StudyBuddyCampus, You will promptly notify StudyBuddyCampus of any changes to such information;
(c) You will comply with the Terms and Requirements and fulfill Your obligations under this Agreement and You agree to monitor and be
responsible for Your Authorized Digital Content Providers' use of the StudyBuddyCampus Software and services and their compliance with the
Terms and Requirements of this Agreement;
(d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You and Authorized
Digital Content Providers in connection with the StudyBuddyCampus Software and services, Your Digital Content and Your related development and
distribution efforts, including, but not limited to, any related development efforts, network and server equipment, Internet service(s), or any
other hardware, software or services used by You in connection with Your use of any services;
(e) You represent and warrant that You own or control the necessary copyrights, trademarks and ownership rights in order to appoint
StudyBuddyCampus as Your non-exclusive, worldwide agent for the sale and distribution of Your Licensed Digital Content, and that the fulfillment
of such appointment by StudyBuddyCampus shall not violate or infringe the rights of any third party;
(f) You will not act in any manner which conflicts or interferes with any existing commitment or obligation You may have and no agreement
previously entered into by You will interfere with Your performance of Your obligations under this Agreement;
(g) You will only use the StudyBuddyCampus Software and any services for the purposes and in the manner expressly permitted by this Agreement
and in accordance with all applicable laws and regulations;
(h) You will not use the StudyBuddyCampus Software or any services for any unlawful or illegal activity, nor to develop any Digital Content
which would commit or facilitate the commission of a crime, or other tortuous, unlawful or illegal act;
(i) Your Digital Content will be developed in compliance with the Terms and Requirements of this Legal Agreement;
(j) To the best of Your knowledge and belief, Your Digital Content and Licensed Digital Content Information do not and will not violate,
misappropriate, or infringe any StudyBuddyCampus or third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents,
or other proprietary or legal rights (e.g. musical composition or performance rights, video rights, photography or image rights, logo rights,
third party data rights, etc. for content and materials that may be included in Your Digital Content);
(k) You will not, through use of the StudyBuddyCampus Software, services or otherwise, create any Digital Content that would disable, hack
or otherwise interfere with the Security, digital signing, digital rights management, verification or authentication mechanisms implemented in
StudyBuddyCampus Software, any services or other StudyBuddyCampus software or technology, or enable others to do so;
(l) Digital Content developed for StudyBuddyCampus Software may only be distributed if selected by StudyBuddyCampus (in its sole discretion)
for sale and distribution via the Community Store or in the case of eBooks for limited distribution to members of the community who have already
purchased the electronic copy as contemplated in this Agreement;
(m) You are permitted to employ or retain a third party ("Service Provider") to assist You in accessing and using the API in Your Licensed
Digital Content including, but not limited to, engaging any such Service Provider to maintain and administer Your Licensed Digital Content on
Your behalf, provided any such Service Provider's access to and use of the API is only done on Your behalf in providing such services to You
for Your Digital Content and in accordance with these terms, and is subject to a binding written agreement between You and the Service Provider
with terms at least as restrictive and protective of StudyBuddyCampus as those set forth herein, including, but not limited to, confidentiality
for pre-release versions of the API and indemnity obligations to StudyBuddyCampus. Any actions undertaken by any such Service Provider in
relation to Your Licensed Digital Content and/or arising out of this Agreement shall be deemed to have been taken by You, and You (in addition
to the Service Provider) shall be responsible to StudyBuddyCampus for all such actions (or any inactions), including but not limited to
indemnifying StudyBuddyCampus against any harm caused by the Service Provider acting on Your behalf. In the event of any actions or inactions
that would constitute a violation of this Agreement or otherwise cause any harm, StudyBuddyCampus reserves the right to require You to change
Service Providers;
(n) You understand and agree that in order to provide the API, StudyBuddyCampus may transmit Your communications across various public
networks, in various media, and modify or change Your communications to comply with the technical and other requirements for connecting to
networks or devices. You acknowledge and agree that the API is not, and is not intended to be, a guaranteed or secure delivery service, and
You shall not use or rely upon it as such. Further, as a condition to using the API, You agree not to transmit sensitive personal or
confidential information belonging to an individual (e.g. a social security number, financial account or transactional information, or any
information where the individual may have a reasonable expectation of secure transmission) as part of any communication, and You agree to
comply with any applicable notice or consent requirements with respect to any collection, transmission, maintenance, processing or use of
an end user's personal information;
(o) StudyBuddyCampus shall have no responsibility for the installation and/or use of any of the Licensed Digital Content by any end-user.
You shall be solely responsible for any and all product warranties, end-user assistance and product support with respect to each of the
Licensed Digital Content;
(p) You shall be solely responsible for, and StudyBuddyCampus shall have no responsibility or liability whatsoever with respect to, any
and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Digital Content and/or
the use of those Licensed Digital Content by any end-user, including, but not limited to: (i) claims of breach of warranty, whether specified
in the EULA or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Digital Content
and/or the end-user's possession or use of those Licensed Digital Content infringes the copyright or other intellectual property rights of
any third party.
8. Requirements for Digital Content
Any Digital Content developed for StudyBuddyCampus must meet all of the following criteria and requirements, as they may be modified by
StudyBuddyCampus from time to time:
(a) Digital Content must comply with all applicable criminal, civil and statutory laws and regulations, including those in any jurisdictions
in which Your Digital Content may be offered or made available. In addition: Digital Content may not be designed or marketed for the purpose of
harassing, abusing, stalking, threatening or otherwise violating the legal rights (such as the rights of privacy and publicity) of others; and
Digital Content may not perform any functions or link to any content or use any robot, spider, site search or other retrieval Digital Content
or device to scrape, retrieve or index services provided by StudyBuddyCampus or its licensors, or to collect, disseminate or use information
about users for any purpose;
(b) If Your Digital Content includes or will include any embedded content of which you are not the original author (including pictures,
illustrations, text material, or master recordings and musical compositions embodied in Your Digital Content), the embedded content must be
wholly-owned by You or licensed to You on a fully paid-up basis and in a manner that will not require the payment of any fees, royalties
and/or sums by StudyBuddyCampus to You or any third party. In addition, if Your Digital Content will be distributed outside of the United
States, any master recordings and musical compositions embodied in Your Digital Content (a) must not fall within the repertoire of any
mechanical or performing/communication rights collecting or licensing organization now or in the future and (b) if licensed, must be
non-exclusively licensed to You for Your Digital Content by each applicable copyright owner;
(c) Digital Content may be rejected if it contains or transmits content or materials of any kind (text, graphics, images, photographs,
sounds, etc.) that in StudyBuddyCampus' reasonable judgment may be found objectionable, for example, materials that may be considered obscene,
pornographic, or defamatory;
(d) Digital Content must not contain or transmit any malware, malicious or harmful code, program, or other internal component (e.g.
computer viruses, trojan horses, "backdoors") which could damage, destroy, or adversely affect other software, firmware, hardware, data,
systems, services, or networks;
(e) If Your Digital Content includes any FOSS, You agree to comply with all applicable FOSS licensing terms. You also agree not to use
any FOSS in the development of Your Digital Content in such a way that would cause the non-FOSS portions of the StudyBuddyCampus Software
to be subject to any FOSS licensing terms or obligations;
(f) Digital Content may not include adds, promotional sweepstake or contest functionality;
(g) Digital Content may not include direct links to any page outside the community;
(h) Digital Content that makes use of the StudyBuddyCampus APIs, may only use Documented APIs in the manner prescribed by StudyBuddyCampus
and must not use or call any private APIs;
(i) Digital Content may not itself install or launch other executable code by any means, including without limitation through the use of
a plug-in architecture, calling other frameworks, other APIs or otherwise. No interpreted code may be downloaded or used in a Digital Content
except for code that is interpreted and run by StudyBuddyCampus' Documented APIs;
(j) Without StudyBuddyCampus' prior written approval, Digital Content may not provide, unlock or enable additional features or functionality
through distribution mechanisms;
(k) Digital Content may only read data from or write data to the StudyBuddyCampus designated database location through the use of the
Documented API, except as otherwise specified by StudyBuddyCampus;
(l) Digital Content must comply with the Human Interface Guidelines and other Documentation provided by StudyBuddyCampus;
(m) Any form of user or device data collection, or image, picture or voice capture or recording performed by the Digital Content
(collectively "Recordings"), and any form of user data, content or information processing, maintenance, uploading, syncing, or transmission
performed by the Digital Content (collectively "Transmissions") must comply with all applicable privacy laws and regulations as well as all
the Terms and Requirements of this Legal Agreement related to such aspects, including but not limited to any notice or consent requirements.
In particular, a reasonably conspicuous audio, visual or other indicator must be displayed to the user as part of the Digital Content to
indicate that a Recording is taking place;
(n) From time to time, StudyBuddyCampus may provide access to additional services for You to use in connection with Your Digital Content.
Some of these additional services may be subject to separate Terms and Requirements in addition to this Agreement. If You elect to use such
services, Your usage will also be subject to those separate Terms and Requirements. In addition, such services may not be available in all
languages or in all countries. StudyBuddyCampus makes no representation that such services are appropriate or available for use in any
particular location. To the extent You choose to access such services, You do so at Your own initiative and are responsible for compliance
with any applicable laws, including but not limited to applicable local laws. Certain services made accessible to You through the
StudyBuddyCampus Software may be provided by third parties. You acknowledge that StudyBuddyCampus will not have any liability or
responsibility to You or any other person (including to any end user) for any third-party services or for any StudyBuddyCampus services.
StudyBuddyCampus and its licensors reserve the right to change, suspend, remove, or disable access to any services at any time. In no event
will StudyBuddyCampus be liable for the removal of or disabling of access to any such services;
(o) You will be responsible for attaching or otherwise including, at Your discretion, any relevant usage terms with Your Digital Content.
StudyBuddyCampus will not be responsible for any violations of Your usage terms. You will be solely responsible for all user assistance,
warranty and support of Your Digital Content;
(p) You may not use the API for the purpose of sending unsolicited messages to end users or for the purpose of phishing or spamming,
including, but not limited to, engaging in any types of activities that violate anti-spamming laws and regulations, or that are otherwise
improper, inappropriate or illegal;
(q) You may not use the API for the purposes of advertising, product promotion, or direct marketing of any kind (e.g. up-selling,
cross-selling, etc.), including, but not limited to, sending any messages to promote the use of Your Digital Content or advertise the
availability of new features or versions.
9. Changes to Terms and Requirements
StudyBuddyCampus may change the Terms and Requirements or this Legal Agreement at any time. New or modified Terms and Requirements will
not retroactively apply to Digital Content already in distribution. In order to continue your standing as a StudyBuddyCampus Digital Content
Provider, You must accept and agree to the new Terms and Requirement of this Legal Agreement. You agree that Your acceptance of such new
Terms and Requirement may be signified electronically, including without limitation, by Your checking a box or clicking on an "agree" or
similar button.
10. Signing of Digital Content
All Digital Content must be signed with an StudyBuddyCampus-issued GUID. In relation to this, You represent and warrant to StudyBuddyCampus
that: (a) You will not take any action to interfere with the normal operation of any StudyBuddyCampus-issued GUID; (b) You agree to immediately
notify StudyBuddyCampus in writing if You have any reason to believe there has been a compromise of any of Your GUIDs; (d) You will not provide
or transfer StudyBuddyCampus-issued GUIDs to any third party, nor use Your GUIDs to sign a third party's Digital Content.
You further represent and warrant to StudyBuddyCampus that the licensing terms governing Your Digital Content, or governing any third party
code or FOSS included in Your Digital Content, will be consistent with and not conflict with any of the terms, conditions or requirements of
this Legal Agreement. In particular, such licensing terms will not purport to require StudyBuddyCampus (or its agents) to disclose or make
available any of the GUIDs utilized to sign the Licensed Digital Content. If You discover any such inconsistency or conflict, You agree to
immediately notify StudyBuddyCampus of it and will cooperate with StudyBuddyCampus to resolve such matter. StudyBuddyCampus may immediately
cease distribution of any affected Licensed Digital Content and refuse to accept any subsequent Digital Content submissions from You until
such matter is resolved to StudyBuddyCampus' reasonable satisfaction.
11. Digital Content Submission and Selection
You may submit Your Digital Content for consideration by StudyBuddyCampus for sale and distribution via the Community Store. By submitting
Your Digital Content, You represent and warrant that Your Digital Content complies with the Terms and Requirements of this Legal Agreement
then in effect. You further agree that You will not attempt to hide, misrepresent or obscure any features, content, services or functionality
in Your submitted Digital Content from StudyBuddyCampus' review or otherwise hinder StudyBuddyCampus from being able to fully review such Digital
Content. You agree to cooperate with StudyBuddyCampus in this submission process and to answer questions and provide information and materials
reasonably requested by StudyBuddyCampus regarding Your submitted Digital Content, including insurance information You may have relating to
Your Digital Content, the operation of Your business, or Your obligations under this Agreement.
If You make any changes to a Digital Content after submission to StudyBuddyCampus, You must resubmit the Digital Content to StudyBuddyCampus.
Similarly all bug fixes, updates, reviews, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions of
Your Digital Content must be submitted to StudyBuddyCampus for review in order for them to be considered for sale and distribution via the
Community Store. Further, if Your Digital Content is accepted for sale and distribution via the Community Store, You agree that StudyBuddyCampus
may use Your Digital Content for testing.
Every Digital Content submitted for sale and distribution must be accompanied by payment of all the required submission fees as listed on
Appendix A: Pricing, Fees and Commissions. Additionally, you agree to pay all Sales Commissions to which StudyBuddyCampus is entitled on the
sale and distribution of your Licensed Digital Content as explained in Appendix A: Pricing, Fees and Commissions.
You understand and agree that StudyBuddyCampus may, in its sole discretion:
(a) determine that Your Digital Content does not meet all or any part of the Terms and Requirements of the Legal Agreement then in effect;
(b) reject Your Digital Content for sale and distribution for any reason, even if Your Digital Content meets the Terms and Requirements of
this Legal Agreement; or
(c) select and digitally sign Your Digital Content for sale and distribution via the Community Store.
StudyBuddyCampus shall not be responsible for any costs, expenses, damages, losses (including without limitation lost business opportunities
or lost profits) or other liabilities You may incur as a result of Your Digital Content development, use of the StudyBuddyCampus Software, use
of any services, including without limitation the fact that Your Digital Content may not be selected for sale and distribution via the Community
Store. You will be solely responsible for developing Digital Content that are safe, free of defects in design and operation, and comply with
applicable laws and regulations. You will also be solely responsible for any documentation and end user customer support and warranty of Your
Digital Content. The fact that StudyBuddyCampus may have reviewed, tested, approved or selected a Digital Content will not relieve You of any
of these responsibilities.
12. Distribution
You will deliver to StudyBuddyCampus, at Your sole expense, the Licensed Digital Content, Licensed Digital Content Information and
associated metadata, in a format and manner prescribed by StudyBuddyCampus, as required for the delivery of the Licensed Digital Content
to end-users. Metadata You deliver to StudyBuddyCampus will include: (i) the title, short description, age and grade of targeted audience,
tags for searching purposes, version number and other information as explain on the website for each of the Licensed Digital Content; (ii)
the countries You designate, in which You wish StudyBuddyCampus to allow end-users to download those Licensed Digital Content; (iii) any
copyright or other intellectual property rights notices; and (iv) Your end-user Legal Agreement ("EULA"), if any.
All Licensed Digital Content will be delivered by You to StudyBuddyCampus using software tools, a secure FTP site address and/or such
other delivery methods as prescribed by StudyBuddyCampus.
If selected, Licensed Digital Content covered under this Agreement may be distributed in two ways:
(1) through the StudyBuddyCampus Store, whether it is accessed at the StudyBuddyCampus website or through StudyBuddyCampus enabled
devices, and;
(2) in the case of course material and eBooks, printed copies can also be sold to community users that have already purchased the
electronic version of the Digital Content.
You hereby certify that all of the Licensed Digital Content You deliver to StudyBuddyCampus are authorized for export from the United
States to each of the countries designated by You, in accordance with the requirements of the United States Export Administration
Regulations, 15 C.F.R. Parts 730-774. You acknowledge that StudyBuddyCampus is relying upon Your information in allowing end-users to
access and download the Licensed Digital Content. Except as provided in this Section, StudyBuddyCampus will be responsible for compliance
with the requirements of the Export Administration Regulations in allowing end-users to access and download the Licensed Digital Content.
13. Pricing
You understand and agree that StudyBuddyCampus will sale and distribute your Digital Content at the price submitted by you, which must
be based on the "Digital Content Pricing Schedule" listed in Appendix A: Pricing, Fees and Commissions, and approved by StudyBuddyCampus.
You understand and agree that the pricing schedule is built on a model that prices Licensed Digital Content based on several factors and
considerations: estimated cost of production, type of content, the length of the content (average time that it would take an adult to go
through the entire content), the fair market price, maximizing of revenues, quality of the Digital Content, etc.
You understand and agree that you must provide a suggested price at which you want to sale and distribute you Licensed Digital Content
at the time of Submission. StudyBuddyCampus will automatically accept your suggested price if it is within the price range listed on the
"Digital Content Pricing Schedule" based on the length of your Digital Content. Should you want to price your Licensed Digital Content
outside the price range listed on the "Digital Content Pricing Schedule", you must submit a request in writing to StudyBuddyCampus.
StudyBuddyCampus will then make a determination on the price. StudyBuddyCampus retains the right to list only Licensed Digital Content
that meets the StudyBuddyCampus pricing policy as described in this Legal Agreement.
14. Revocation
You understand and agree that StudyBuddyCampus may cease distribution of Your Licensed Digital Content(s) and/or Licensed Digital
Content Information at any time.
By way of example only, StudyBuddyCampus might choose to do this if at any time:
(a) Any of Your Digital Content StudyBuddyCampus-issued GUID has been compromised or StudyBuddyCampus has reason to believe that
it has been compromised;
(b) StudyBuddyCampus has been notified or otherwise has reason to believe that Your Digital Content violates, misappropriates, or
infringes the rights of a third party or of StudyBuddyCampus;
(c) StudyBuddyCampus has reason to believe that Your Digital Content contains malicious or harmful code, malware, programs or other
internal components (e.g. software virus);
(d) StudyBuddyCampus has reason to believe that Your Digital Content damages, corrupts, degrades, destroys or otherwise adversely
affects the devices it operates on, or any other software, firmware, hardware, data, systems, or networks accessed or used by the
Digital Content;
(e) You breach any term or condition of this Legal Agreement ,Terms and Requirements;
(f) Any information or documents provided by You to StudyBuddyCampus is false or inaccurate;
(g) StudyBuddyCampus is required by law, regulation or other governmental or court order to take such action;
(h) You misuse or overburden any services provided hereunder;
(i) StudyBuddyCampus has reason to believe that such action is prudent or necessary.
15. Fees
To become a StudyBuddyCampus Digital Content Provider under this Agreement, You agree to pay StudyBuddyCampus all the required
registration, submission and renewal fees, as explain in Appendix A: Pricing, Fees and Commissions. These fees are non-refundable.
Any taxes that may be levied on the StudyBuddyCampus Software or Your use of it shall be Your responsibility. Your fees must be
paid up and not in arrears at the time You submit (or resubmit) Digital Content to StudyBuddyCampus under this Legal Agreement.
StudyBuddyCampus works with many Digital Content providers and some of their products may be similar to or compete with Your
Digital Content. StudyBuddyCampus may also be developing its own similar or competing Digital Content and products or may decide
to do so in the future. To avoid potential misunderstandings, StudyBuddyCampus cannot agree, and expressly disclaims, any
confidentiality obligations or use restrictions, express or implied, with respect to any information that You may provide in
connection with this Legal Agreement, including information about Your Digital Content, Licensed Digital Content Information
and metadata (such disclosures will be referred to as "Licensee Disclosures"). You agree that any such Licensee Disclosures
will be non-confidential. StudyBuddyCampus will be free to use and disclose any Licensee Disclosures on an unrestricted basis
without notifying or compensating You. You release StudyBuddyCampus from all liability and obligations that may arise from the
receipt, review, use, or disclosure of any portion of any Licensee Disclosures. Any physical materials You submit to
StudyBuddyCampus will become StudyBuddyCampus property and StudyBuddyCampus will have no obligation to return those materials
to You or to certify their destruction.
17. Press Releases and Other Publicity
You may not issue any press releases or make any other public statements regarding this Agreement, its Terms and Requirements,
or the relationship of the parties without StudyBuddyCampus' express prior written approval, which may be withheld at
StudyBuddyCampus' discretion.
18. Indemnification
To the extent permitted by applicable law, You agree to indemnify and hold harmless, and upon StudyBuddyCampus' request, defend,
StudyBuddyCampus, its directors, officers, employees, independent contractors and agents (each an "StudyBuddyCampus Indemnified
Party") from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys
fees and court costs (collectively, "Losses"), incurred by an StudyBuddyCampus Indemnified Party and arising from or related to
any of the following: (i) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement,
(ii) any claims that Your Digital Content or the distribution, sale, offer for sale, use or importation of Your Digital Content
(whether alone or as an essential part of a combination), Licensed Digital Content Information or metadata, violate or infringe
any third party intellectual property or proprietary rights; (iii) Your breach of any of Your obligations with the users of Your
Licensed Digital Content; (iv) StudyBuddyCampus' permitted use, promotion or delivery of Your Licensed Digital Content, Licensed
Digital Content Information, metadata, related trademarks and logos, or images and other materials that You provide to
StudyBuddyCampus under this Agreement; or (vi) Your use of the StudyBuddyCampus Software or services, Your Digital Content,
Licensed Digital Content Information, metadata, or Your development and distribution of any Digital Content.
You acknowledge that neither the StudyBuddyCampus Software nor any services are intended for use in the development of Digital
Content in which errors or inaccuracies in the content, functionality, services, data or information provided by the Digital
Content or the failure of the Digital Content, could lead to death, personal injury, or severe physical or environmental damage,
and, to the extent permitted by law, You hereby agree to indemnify, defend and hold harmless each StudyBuddyCampus Indemnified
Party from any Losses incurred by such StudyBuddyCampus Indemnified Party by reason of any such use.
In no event may You enter into any settlement or like agreement with a third party that affects StudyBuddyCampus' rights or
binds StudyBuddyCampus in any way, without the prior written consent of StudyBuddyCampus.
19. Terms and Termination
Upon payment of the required fees, and after being accepted as a StudyBuddyCampus Digital Content Provider, you will be able to
create, write, develop and submit Digital Content for sale and distribution in the StudyBuddyCampus Community for as long as You
satisfy all the Terms and Requirements of this Legal Agreement, and You pay the renewal annual fees listed on Appendix A: Pricing,
Fees and Commissions, of this Legal Agreement.
The StudyBuddyCampus capacity of non-exclusive and worldwide agent for the sale and distribution of Your Licensed Digital
Content will remain in place for as long as your Licensed Digital Content is listed in the community, subject to the Terms
and Requirements of this Legal Agreement.
This Agreement and all rights granted by StudyBuddyCampus hereunder and any services provided hereunder will terminate,
effective immediately upon notice from StudyBuddyCampus:
(a) if You or any of Your Authorized Digital Content Providers fail to comply with any term of this Agreement and fail to
cure such breach within 30 days after becoming aware of or receiving notice of such breach;
(b) if You, at any time during the Term, commence a legal action against StudyBuddyCampus;
(e) if You become insolvent, fail to pay Your debts when due, dissolve or cease to do business, file for bankruptcy, or
have filed against You a petition in bankruptcy; or
(f) if You engage, or encourage others to engage, in any misleading, fraudulent, improper, unlawful or dishonest act
relating to this Agreement, including, but not limited to, misrepresenting the nature of Your submitted Digital Content
(e.g., hiding or trying to hide functionality or information from StudyBuddyCampus' review).
StudyBuddyCampus may also terminate this Agreement, or suspend Your rights to use the StudyBuddyCampus Software or services,
if You fail to accept any new Terms and Requirements of this Legal Agreement.
StudyBuddyCampus reserves the right to cease allowing download by end-users of the Licensed Digital Content at any time,
with or without cause, by providing notice of termination to You. You acknowledge that StudyBuddyCampus may cease allowing
download by end-users of some or all of the Licensed Digital Content if StudyBuddyCampus reasonably believes that: (i) those
Licensed Digital Content are not authorized for export; (ii) those Licensed Digital Content and/or any end-user's possession
and/or use of those Licensed Digital Content, infringe patent, copyright, trademark, trade secret or other intellectual
property rights of any third party; or (iii) the distribution and/or use of those Licensed Digital Content violates any
applicable law in any country.
Upon the termination of this Agreement for any reason, You agree to immediately cease all use of the StudyBuddyCampus
Software and services. StudyBuddyCampus will not be liable for compensation, indemnity, or damages of any sort as a result
of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to
any other right or remedy StudyBuddyCampus may have, now or in the future.
You may choose at any time to terminate your participation as a StudyBuddyCampus Digital Content Provider or to remove
you Licensed Digital Content that has been listed for sale and distribution in the community. This can be accomplish by
providing a written request for Content Provider Termination or content removal, and allowing StudyBuddyCampus 30 days to
process the request. Once approved, your Licensed Digital Content will no longer be available or visible to members of
the community for sale and distribution with the following exceptions: (i) content that you have granted permission to
other members to incorporate into collaborative projects. If Content has been incorporated into another work, then the
derivative work remains available even when the original work is retired; (ii) content retained in our archives to the
extent required by our data backup systems or for archival purposes; (iii) content that you have made available to
purchasers in electronic formats will also remain available on the Site (in purchasers' Downloads) to Users who have
purchased that Content. StudyBuddyCampus does not retain any residual rights to deleted content other than those
outlined above.
20. NO WARRANTY
The StudyBuddyCampus Software may contain inaccuracies or errors that could cause failures or loss of data and it may
be incomplete. StudyBuddyCampus or its licensors may provide or make available through the StudyBuddyCampus Software,
certain web-based services or other services for Your use. StudyBuddyCampus and its licensors reserve the right to change,
suspend, remove, or disable access to any Services at any time without notice. In no event will StudyBuddyCampus or its
licensors be liable for the removal of or disabling of access to any such Services. StudyBuddyCampus or its licensors
may also impose limits on the use of or access to certain Services, in any case and without notice or liability. YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE STUDYBUDDYCAMPUS SOFTWARE AND ANY SERVICES IS AT YOUR SOLE RISK AND
THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE STUDYBUDDYCAMPUS
SOFTWARE, SERVICE-RELATED SOFTWARE AND ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND, AND STUDYBUDDYCAMPUS, STUDYBUDDYCAMPUS' AGENTS AND STUDYBUDDYCAMPUS' LICENSORS
(COLLECTIVELY REFERRED TO AS "STUDYBUDDYCAMPUS") HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO
THE STUDYBUDDYCAMPUS SOFTWARE, SERVICE-RELATED SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. STUDYBUDDYCAMPUS
DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE STUDYBUDDYCAMPUS SOFTWARE, SERVICE-RELATED SOFTWARE
OR SERVICES, THAT THE STUDYBUDDYCAMPUS SOFTWARE, SERVICE-RELATED SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE STUDYBUDDYCAMPUS SOFTWARE, SERVICE-RELATED SOFTWARE OR THE PROVISION OF SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN THE STUDYBUDDYCAMPUS SOFTWARE, SERVICE-RELATED
SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE STUDYBUDDYCAMPUS SOFTWARE, SERVICE-RELATED SOFTWARE OR SERVICES
WILL BE COMPATIBLE WITH FUTURE STUDYBUDDYCAMPUS PRODUCTS, SERVICES OR SOFTWARE, OR THAT ANY INFORMATION STORED OR
TRANSMITTED THROUGH ANY STUDYBUDDYCAMPUS SOFTWARE, SERVICE-RELATED SOFTWARE OR SERVICES WILL NOT BE LOST, CORRUPTED
OR DAMAGED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STUDYBUDDYCAMPUS OR AN STUDYBUDDYCAMPUS AUTHORIZED
REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE STUDYBUDDYCAMPUS SOFTWARE,
SERVICE-RELATED SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION. Location data provided by any Services is for basic navigational purposes only and is not intended
to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or
incomplete location data may lead to death, personal injury, property or environmental damage. Neither StudyBuddyCampus
nor any of its licensors guarantees the availability, accuracy, completeness, reliability, or timeliness of location
data or any other data or information displayed by any Services.
21. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL STUDYBUDDYCAMPUS BE LIABLE FOR PERSONAL INJURY,
OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING
OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE STUDYBUDDYCAMPUS SOFTWARE, OR SERVICES, OR
Your DEVELOPMENT EFFORTS, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF STUDYBUDDYCAMPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall StudyBuddyCampus' total liability
to You under this Agreement for all damages (other than as may be required by applicable law in cases involving
personal injury) exceed the amount of fifty dollars ($50.00).
22. General Legal Terms
22.1 Third Party Notices. Portions of the StudyBuddyCampus Software or services may utilize or include
third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such
material are contained in the electronic documentation for the StudyBuddyCampus Software and services, and Your
use of such material is governed by their respective terms.
22.2 Consent to Collection and Use of Non-Personal Data. You agree that StudyBuddyCampus may collect
and use technical and related information, including but not limited to information about Your Digital Content,
that is gathered periodically to facilitate the provision of software updates and other services to You (if any)
related to the StudyBuddyCampus Software, and to verify compliance with the Terms and Requirements of this
Agreement. StudyBuddyCampus may use this information, as long as it is in a form that does not personally
identify You, to improve the StudyBuddyCampus Software, our products or to provide services or technologies
to You and our customers.
22.3 Assignment. This Agreement may not be assigned, nor may any of Your obligations under this
Agreement be delegated, in whole or in part, by You by operation of law, merger, or any other means without
StudyBuddyCampus' express prior written consent and any attempted assignment without such consent will be
null and void.
22.4 Relationship of Parties. This Agreement will not be construed as creating any other agency
relationship, or a partnership, joint venture, fiduciary duty, or any other form of legal association between
You and StudyBuddyCampus, and You will not represent to the contrary, whether expressly, by implication,
appearance or otherwise. This Agreement is not for the benefit of any third parties.
22.5 Independent Development. Nothing in this Agreement will impair StudyBuddyCampus' right to
develop, acquire, license, market, promote, or distribute products or technologies that perform the same
or similar functions as, or otherwise compete with, Digital Content, Licensed Digital Content or any other
products or technologies that You may develop, produce, market, or distribute.
22.6 Notices. Any notices relating to this Agreement shall be in writing. Notices will be deemed
given by StudyBuddyCampus when sent to You at the email address or mailing address You provided during the
sign-up process. All notices to StudyBuddyCampus relating to this Agreement will be deemed given (a) when
delivered personally, (b) three business days after having been sent by commercial overnight carrier with
written proof of delivery, and (c) five business days after having been sent by first class or certified
mail, postage prepaid, to this StudyBuddyCampus address: 22257 W Jackson St, Goodyear AZ 85338.
You consent to receive notices by email and agree that any such notices that StudyBuddyCampus sends You
electronically will satisfy any legal communication requirements. A party may change its email or mailing
address by giving the other written notice as described above.
22.7 Severability. If a court of competent jurisdiction finds any clause of this Agreement to be
unenforceable for any reason, that clause of this Agreement shall be enforced to the maximum extent
permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue
in full force and effect. However, if applicable law prohibits or restricts You from fully and specifically
complying with, or appointing StudyBuddyCampus as Your agent, this Agreement will immediately terminate.
22.8 Waiver and Construction. Failure by StudyBuddyCampus to enforce any provision of this Agreement
shall not be deemed a waiver of future enforcement of that or any other provision. Any laws or regulations
that provide that the language of a contract will be construed against the drafter will not apply to this
Agreement. Section headings are for convenience only and are not to be considered in construing or interpreting
this Agreement.
22.9 Export Control. You may not export, sell or transfer Digital Content on the Community except
as authorized by United States law, the laws of the jurisdiction in which You reside and any other applicable
laws and regulations.
22.10 Dispute Resolution; Governing Law. Any litigation or other dispute resolution between You and
StudyBuddyCampus arising out of or relating to this Agreement, the StudyBuddyCampus Software, or Your
relationship with StudyBuddyCampus will take place in the state of Arizona. This Agreement will be governed
by and construed in accordance with the laws of the United States and the State of Arizona.
Notwithstanding the foregoing, if You are an agency, instrumentality or department of the federal government
of the United States, then this Agreement shall be governed in accordance with the laws of the United States of
America, and in the absence of applicable federal law, the laws of the State of Arizona will apply. Further,
and notwithstanding anything to the contrary in this Agreement (including but not limited to Section 11
(Indemnification)), all claims, demands, complaints and disputes will be subject to the Contract Disputes Act
(41 U.S.C. §§601-613), the Tucker Act (28 U.S.C. § 1346(a) and § 1491), or the Federal Tort Claims Act (28
U.S.C. §§ 1346(b), 2401-2402, 2671-2672, 2674-2680), as applicable, or other applicable governing authority.
If You (as an entity entering into this Agreement) are a U.S. public and accredited educational institution,
then (a) this Agreement will be governed and construed in accordance with the laws of the state (within the U.S.)
in which Your educational institution is domiciled, except that body of state law concerning conflicts of law;
and (b) any litigation or other dispute resolution between You and StudyBuddyCampus arising out of or relating
to this Agreement, the StudyBuddyCampus Software, or Your relationship with StudyBuddyCampus will take place in
federal court within the state of Arizona.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale
of Goods, the content of which is expressly excluded.
22.11 Entire Agreement; Governing Language. This Agreement constitutes the entire agreement between
the parties with respect to the use of the StudyBuddyCampus Software licensed hereunder and supersedes all
prior understandings and agreements regarding its subject matter. This Agreement may be modified only: (a)
by a written amendment signed by both parties, or (b) to the extent expressly permitted by this Agreement
(for example, by StudyBuddyCampus by written or email notice to You). Any translation of this Agreement is
done for local requirements and in the event of a dispute between the English and any non-English version,
the English version of this Agreement shall govern. If You are located in the province of Quebec, Canada,
the following clause applies: The parties hereby confirm that they have requested that this Agreement and
all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les
documents connexes soient rédigés en anglais.
Appendix A: Pricing, Fees and Commissions
Registration Fees: $49
The registration fee will be required for all content providers that would like to register for the first
time to create, write, develop and submit Digital Content for sale and distribution in the StudyBuddyCampus
Community. This registration fee can be waived by StudyBuddyCampus under certain programs and conditions,
such as the Early Adopter Program.
Renewal Fee: $29
Registration as a StudyBuddyCampus Digital Content Provider must be renewed annually by all Providers that
would like to continue creating, writing, developing and submitting Digital Content for sale and distribution
in the StudyBuddyCampus Community. This renewal fee can be waived by StudyBuddyCampus under certain programs
and conditions, such as the Early Adopter Program.
Submission Fees: See table below
The submission fee is required to accompany all Digital Content being submitted for consideration for sale
and distribution in the StudyBuddyCampus Community. This submission fee can be waived by StudyBuddyCampus
under certain programs and conditions, such as the Early Adopter Program. The Fees are based on the Digital
Content length, or the average time that it would take an adult user to go through the entire Digital Content
from beginning to end.
| Length (hours) |
Fee |
| Up to 1 hr |
$9 |
| Between 1 hr and 4 hrs |
$19 |
| Between 4 hrs and 8 hrs |
$29 |
| Between 8 hrs and 24 hrs |
$39 |
| More than 24 hrs |
$49 |
Sales Commission: 30%
StudyBuddyCampus shall be entitled to this Sales Commission in consideration for its services as Your agent
and for all sales of Licensed Digital Content to end-users located in those countries specified by You. For
purposes of determining this commission of thirty percent of all prices payable by each end user to which
StudyBuddyCampus is entitled, the prices payable by end-users shall be net of any and all taxes and fees
collected.
Except as otherwise provided in this Legal Agreement, StudyBuddyCampus shall be entitled to the Sales
Commission hereof without reduction for any taxes or other government levies, including any and all taxes
or other, similar obligations of You, StudyBuddyCampus or any end-user relating to the delivery or use of
the Licensed Digital Content.
You will receive your revenues from the sale and distribution of your digital content on a monthly basis
after all StudyBuddyCampus fees and commissions have been deducted. Specifically, no later than 31 days after
the end of a calendar month, StudyBuddyCampus will make a good faith effort to pay you the creator revenue
that accrued during that month, using the contact information in our records. Payment can be sent via US mail
or automatic deposit.
Digital Content Pricing Schedule: See table below
| Length (hours) |
Price Range |
| Up to 8 hrs |
$0.99 to $2.99 |
| Up to 16 hrs |
$0.99 to $4.99 |
| Up to 24 hrs |
$0.99 to $6.99 |
| Up to 40 hrs |
$0.99 to $9.99 |
| Up to 80 hrs |
$0.99 to $19.99 |
| More than 80 hrs |
$0.99 to $99.99 |
Content priced above $99.99 will be considered on a case by case basis.
Appendix B: Instructions for Minimum Terms for Software Content
End-User Legal Agreement
1. Acknowledgement: You and the end-user must acknowledge that the EULA is concluded between You and
the end-user only, and not with StudyBuddyCampus, and You, not StudyBuddyCampus, are solely responsible for the
Licensed Digital Content and the content thereof. The EULA may not provide for usage rules for Licensed Digital
Content that are less restrictive than the Usage Rules set forth for Licensed Digital Content in, or otherwise
be in conflict with, the Community Store Terms of Service as of the Effective Date (which You acknowledge You
have had the opportunity to review).
2. Scope of License: The license granted to the end-user for the Licensed Digital Content must be
limited to a non-transferable license to use the Licensed Digital Content on the StudyBuddyCampus Community
as set forth in the Community Store Terms of Service.
3. Maintenance and Support: You must be solely responsible for providing any maintenance and support
services with respect to the Licensed Digital Content, as specified in the EULA, or as required under applicable
law. You and the end-user must acknowledge that StudyBuddyCampus has no obligation whatsoever to furnish any
maintenance and support services with respect to the Licensed Digital Content.
4. Warranty: You must be solely responsible for any product warranties, whether express or implied by
law, to the extent not effectively disclaimed. The EULA must provide that, in the event of any failure of the
Licensed Digital Content to conform to any applicable warranty, the end-user may notify StudyBuddyCampus, and
StudyBuddyCampus will refund the purchase price for the Licensed Digital Content to that end-user; and that, to
the maximum extent permitted by applicable law, StudyBuddyCampus will have no other warranty obligation whatsoever
with respect to the Licensed Digital Content, and any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be Your sole responsibility.
5. Product Claims: You and the end-user must acknowledge that You, not StudyBuddyCampus, are responsible
for addressing any claims of the end-user or any third party relating to the Licensed Digital Content or the
end-user's possession and/or use of that Licensed Digital Content, including, but not limited to: (i) product
liability claims; (ii) any claim that the Licensed Digital Content fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The EULA may
not limit Your liability to the end-user beyond what is permitted by applicable law.
6. Intellectual Property Rights: You and the end-user must acknowledge that, in the event of any third
party claim that the Licensed Digital Content or the end-user's possession and use of that Licensed Digital
Content infringes that third party's intellectual property rights, You, not StudyBuddyCampus, will be solely
responsible for the investigation, defense, settlement and discharge of any such intellectual property
infringement claim.
7. Legal Compliance: The end-user must represent and warrant that (i) he/she is not located in a
country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as
a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or
restricted parties.
8. Digital Content Provider Name and Address: You must state in the EULA Your name and address, and
the contact information (telephone number; E-mail address) to which any end-user questions, complaints or
claims with respect to the Licensed Digital Content should be directed.
9. Third Party Terms of Agreement: You must state in the EULA that the end-user must comply with
applicable third party terms of agreement when using Your Digital Content, e.g.
10. Third Party Beneficiary: You and the end-user must acknowledge and agree that StudyBuddyCampus
is a third party beneficiaries of the EULA, and that, upon the end-user's acceptance of the Terms and
Requirements of the EULA, StudyBuddyCampus will have the right (and will be deemed to have accepted the
right) to enforce the EULA against the end-user as a third party beneficiary thereof.