Privacy Policy for BoomerangCast |
At BoomerangCast we take your privacy very seriously. We collect and manage user data according to our Privacy Policy with the goal of ensuring we communicate and follow our company values and respect the privacy of individuals using our service while maintaining transparency in our way of doing business. By using our service, you agree to our Privacy Policy and Terms of Service as outlined below.
Information we Collect
We ask you to log in via social media and/or through a BoomerangCast login registration for your convenience in accessing our service and making sure you receive relevant voting and polling opportunities. Results from your voting and polling are collected to provide voting and poling results to our partner organizations who provide the voting and poling content. We respect your privacy and use your personal log in and public information to ensure we provide you with accurate and relevant voting and polling opportunities ie. make sure you do not have to vote on the same poll more than once. We collect your email address, login user name, location, gender, and date of birth (to verify age) as well as location and time. We collect your BoomerangCast password only when you use a BoomerangCast login account for security purposes. Location and time are used to determine relevant voting and polling opportunities which coincide with live event polls and broadcast polling in your time zone/location. We also collect information for our internal use to monitor traffic, fix bugs, maintain and improve our services.
Use of Personal Information
All information collected from social media logins is considered to be your public information, although we do not share this personal information with any third party or any of our partner organizations. Personal demographic information is purely used to aggregate responses and deliver them to our partner organizations who provide the voting and poling opportunities. You are able to edit any of the personal information we collect through login through our settings and profile screen. We capture your responses to voting and polling to aggregate reports for our partners and never share personal identification information.
Use of the Data
The main reason we collect information is to aggregate responses to events and polling. We provide voting and polling results to our partner organizations so they may view the number of votes placed for the questions and options they created within our application. The results are provided at an aggregate level and never at an individual or personal level. They may see how many people voted for a poll, which responses and the frequency selected, and in some cases, view the results by aggregations along demographic lines. We never share individual user information with our partners or third party contractors.
Sharing Data
Data from our services is shared with our partner organizations who provide the voting and polling opportunities for you. All the data we share is aggregated in terms of how many people voted, what they voted for, and in some cases, broken down by demographics and geography. We do not share personal information with our partner or any third party contractors. Our data repository is based in the US.
User consent is required when first using our application and assumed to remain approved for subsequent uses of the application. If required, we will adhere to any applicable law, regulation, legal process, enforceable government request including investigation of potential violations or to detect, prevent, or address fraud, security, or harm to the rights, property or safety of BoomerangCast, our users, or the public as permitted by law.
In the event that BoomerangCast is involved with a merger, acquisition, or sale, we will continue to ensure confidentiality of our user personal information and provide notice if personal information is transferred or falls under a different privacy policy.
Changes to our Privacy Policy
Information collected now through our services is subject to the Privacy Policy the time the information is collected. Any changes to this privacy policy will be maintained on this site (http://www.boomerangcast.com/mobile-privacy-policy-and-terms-of-use.html).
Contact Us
To contact us with comments or questions related to this privacy policy send an email to support@boomerangcast.com.
This policy was last updated on January 5th, 2016
Information we Collect
We ask you to log in via social media and/or through a BoomerangCast login registration for your convenience in accessing our service and making sure you receive relevant voting and polling opportunities. Results from your voting and polling are collected to provide voting and poling results to our partner organizations who provide the voting and poling content. We respect your privacy and use your personal log in and public information to ensure we provide you with accurate and relevant voting and polling opportunities ie. make sure you do not have to vote on the same poll more than once. We collect your email address, login user name, location, gender, and date of birth (to verify age) as well as location and time. We collect your BoomerangCast password only when you use a BoomerangCast login account for security purposes. Location and time are used to determine relevant voting and polling opportunities which coincide with live event polls and broadcast polling in your time zone/location. We also collect information for our internal use to monitor traffic, fix bugs, maintain and improve our services.
Use of Personal Information
All information collected from social media logins is considered to be your public information, although we do not share this personal information with any third party or any of our partner organizations. Personal demographic information is purely used to aggregate responses and deliver them to our partner organizations who provide the voting and poling opportunities. You are able to edit any of the personal information we collect through login through our settings and profile screen. We capture your responses to voting and polling to aggregate reports for our partners and never share personal identification information.
Use of the Data
The main reason we collect information is to aggregate responses to events and polling. We provide voting and polling results to our partner organizations so they may view the number of votes placed for the questions and options they created within our application. The results are provided at an aggregate level and never at an individual or personal level. They may see how many people voted for a poll, which responses and the frequency selected, and in some cases, view the results by aggregations along demographic lines. We never share individual user information with our partners or third party contractors.
Sharing Data
Data from our services is shared with our partner organizations who provide the voting and polling opportunities for you. All the data we share is aggregated in terms of how many people voted, what they voted for, and in some cases, broken down by demographics and geography. We do not share personal information with our partner or any third party contractors. Our data repository is based in the US.
User consent is required when first using our application and assumed to remain approved for subsequent uses of the application. If required, we will adhere to any applicable law, regulation, legal process, enforceable government request including investigation of potential violations or to detect, prevent, or address fraud, security, or harm to the rights, property or safety of BoomerangCast, our users, or the public as permitted by law.
In the event that BoomerangCast is involved with a merger, acquisition, or sale, we will continue to ensure confidentiality of our user personal information and provide notice if personal information is transferred or falls under a different privacy policy.
Changes to our Privacy Policy
Information collected now through our services is subject to the Privacy Policy the time the information is collected. Any changes to this privacy policy will be maintained on this site (http://www.boomerangcast.com/mobile-privacy-policy-and-terms-of-use.html).
Contact Us
To contact us with comments or questions related to this privacy policy send an email to support@boomerangcast.com.
This policy was last updated on January 5th, 2016
Effective Date: May 20, 2015
Last Update: January 7, 2016
Thank you for your interest in BoomerangCast. This Terms of Use and Privacy Policy governs the use of all aspects of the BoomerangCast business including but not limited to the Boomerang/BoomerangCast mobile application, the BoomerangCastadmin.com web services, and the BoomerangCast.com website. In this agreement the terms “BoomerangCast sites”, “we”, “our”, “us” refer to BoomerangCast, LLC, the BoomerangCast websites, the BoomerangCastadmin.com websites, and the Boomerang/BoomerangCast mobile applications, while the terms “you” and “your” refer to you as a user, partner organization, or other third party not part of BoomerangCast, LLC.
General Provisions
A. By using the BoomerangCast sites and/or mobile applications you accept this Terms and Conditions as well as our Privacy Policy; please read and understand it carefully. All terms and guidelines on BoomerangCast services and products, including our Privacy Policy are part of this Terms of Use and are incorporated herein by reference. Unless explicitly stated in writing by us, any use or access of BoomerangCast’s services are bound by this Terms of Use and you agree to be bound by the content within. BoomerangCast may change the terms of this Terms of Use document at any time and will revise the affectivity date when we do so. Your continued use of the BoomerangCast service after any such revisions constitutes your agreement to be bound by this Terms of Use. BoomerangCast may change, restrict access, discontinue, or suspend our Services or Products, or any portion thereof.
B. The material appearing in the BoomerangCast products/services is for general information only. We aim to ensure all the information we provide is useful, there may be errors in the information. BoomerangCast includes materials and information collected, sourced, requested, and posted by third parties that may not have been evaluated or reviewed by BoomerangCast before publishing on our sites and/or mobile solutions. We make no guarantee regarding accuracy, completeness, timeliness, or reliability of material on the BoomerangCast sites, and you should not rely on the information posted from third parties whether viewed, directed to, or made aware of through BoomerangCast sites without independent verification.
C. We encourage you to bring to our attention any material or information on the BoomerangCast sites that may be inaccurate, material you believe to be copyright violations, untimely, abusive, or offensive. Please forward a copy of the material and/or information to our support team at support@boomerangcast.com, along with an explanation of the findings.
Mobile Users
BoomerangCast provides a mobile app for people to interact with voting and polling for live events and broadcasts. BoomerangCast provides the service to create and broadcast events and voting/polling for our partner organizations, who directly create all the content within the Voting/Polling and Live Events as well as the broadcast schedule and range. We cannot assure all events viewed within the mobile app are legitimate, although we do our best in screening the accounts we provide as well as screening the partners we allow to use our service. We regularly monitor information within live event broadcasts but are subject to missing posted information that may be inaccurate, untimely, or offensive. When we find, through our own research, or through an issue highlighted by a third party and/or a user, customer, or organization, we will take appropriate action to resolve the issue. We maintain the right to block a partner or user with due reason as dictated by us. If you find any content within our mobile application to be offensive, inaccurate, or requiring our intervention, we encourage you raise the issue to us as support@boomerangcast.com with a detailed explanation of the issue. The BoomerangCast sites allow for social media login as well as posting of social media comments and sites onto individual user social media pages. The creation of social media verbiage posted onto social media pages is optional for use by our partner organizations. Our site creates a post highlighting the name of the poll, the BoomerangCast partner organization running the poll, and a link to a web page maintained by us displaying the same information stated along with highlighting the BoomerangCast partner's sponsors for the poll. The partner organizations have the ability to use, or refuse to use, the posting capabilities of the social media sites. Individual users also have the ability to refuse the ability of the BoomerangCast sites and mobile applications to post on personal social media pages. The social media posting allows end-users (voting audience) to post their own comments which are not, in any way, manipulated by BoomerangCast or our partners.
Accessing our Services for Mobile Users Although we encourage users to download the BoomerangCast app using free sources of internet access, we are not liable for any data, roaming, or any other charges incurred with using or downloading our mobile app.
Login Accounts
Users are required to log into our mobile app in order for us to strive for accurate tallying of voting/polling results tied to individual accounts. Users have the ability to use existing social media accounts as shown on the log-in page of the app as well as create a dedicated BoomerangCast mobile log in account. We encourage you to read our Privacy Policy in detail to understand what we do with the user information submitted. We do not share individual account information with our partners or any other third party but we do provide the capability to provide voting/polling results based on demographic information without sharing individual user account information. BoomerangCast makes no claims to validate, ensure accuracy, or provide any research into the validity of any account login used by individual users, whether manually or through automated systems.
Data Use and Charges
Any data charges associated with viewing, logging in, responding to voting/polling or any other activity initiated with, from, or during the use our mobile app is subject to the terms, conditions, and/or guidelines associated with internet and/or internet access and/or company charges through your account. BoomerangCast is not responsible for any charges related to internet use of BoomerangCast either through web pages, mobile apps, or content within the mobile application or activities related to creation, maintenance, or any other activities outside of our application which are required to allow download of the app, use of the app, or re-direction from within the BoomerangCast mobile app. Any and all data use charges associated with any of our services is the responsibility of the partner organizations and/or users who use BoomerangCast services including the BoomerangCast websites and mobile applications.
Voting/Polling and Viewing Events
Although we aim to have each event and/or voting/polling opportunity be legitimate, timely, non-offensive and accurate, BoomerangCast is does not create the events, the voting questions, sponsor material, voting/polling options, setup the broadcast schedule, time, or broadcast range. Items appearing in the BoomerangCast mobile application are based on the event being setup by our partner organizations and all content, aside from pure structure of the mobile application, is created, maintained, verified by them. Any images and text aside from default BoomerangCast logos and navigation text is entered by our partners directly and the responsibility for ensuring accuracy, timeliness, appropriateness, and legality lie with the partner organizations. For any issues related to material presented within the BoomerangCast mobile application please raise the issue to support@boomerangcast.com
Deals and Sponsors
All sponsor information including, but not limited to, images, website addresses, image labels, offers, sponsor logos, and/or all other information or material associated with the sponsors has been inserted into the BoomerangCast mobile application by our partner organizations who are solely responsible for content verification, accuracy, and legal terms of use. BoomerangCast will address any offensive issues, copyright issues, or otherwise as the case may rise. If in the case BoomerangCast solicits sponsorship for a partner organization and allows said organization to use/publish sponsorship information, BoomerangCast will ensure the legality and accuracy of the information provided to the partner to use although the final application/use of the provided sponsorship content will be at the discretion of the partners to whom the content was provided.
Partners
BoomerangCast’s service provides the infrastructure to create, maintain, and engage your audience for conducting live event and broadcast voting and polling. As a partner you are given access to the BoomerangCast sites which allow you to create, schedule, and broadcast voting and polling events including but not limited to event names, questions/text appearing on voting pages, images for your organization, images for your sponsors, labels for images, and voting/polling options appearing in the application. Events display on the Live Events page within the mobile application and should include one or more voting/polling screens.
Although we aim to have our services up and running at all reasonable times, our infrastructure may be down at times for upgrades, maintenance, technical issues, government and/or legal requirements, and/or improvements to our service which may result in your inability to have your event be conducted through our services without notice. We will attempt to notify you in case of planned outages in area, time, and/or specific events but there may be instances where we are unable to identify the full list of impacted event partners. We do our best to ensure our partners who are given access to the BoomerangCast admin websites and mobile apps are legitimate organizations, there may be times when we are required, by law, nature of the business, or other reasons to reject and/or revoke access for reasons we determine.
All content inserted into the BoomerangCast infrastructure and/or broadcast through our partner-created events is considered third party material falling under the responsibility of the third party(s) who generated, sourced, and/or inserted it into the BoomerangCast sites and/or BoomerangCast mobile application. BoomerangCast maintains ownership of the infrastructure and not the content. We regularly, through internal quality checks, audit events, voting/polling questions, responses, images, sponsors, and system performance but are not liable for any content that is created by our third party partners found to be offensive, vulgar, inappropriate or infringing on copyright laws. The third party who created the content, uploaded the content, and/or broadcast the content maintains responsibility to ensure its appropriateness and/or legal authorization for use within the BoomerangCast site and/or mobile applications through written, verbal, and/or understood consent from the individuals or organizations whose content, name, title, or images are inserted into the BoomerangCast site(s). Any copyright or legal issues raised due to content posted by a partner organization, tracked by internal system logging of events through username and passwords within the BoomerangCast sites, which result in legal fees and/or services impacting BoomerangCast, LLC will be paid for by the partner organization that created the event.
Scheduling and Maintaining Events
We created the BoomerangCast admin sites for easy access for our partners to be able to use our services. Each partner is given at least one log-in for the BoomerangCast admin sites and through this initial login, the partner organization maintains its own list of administrators who are deemed as representatives of the partner organization itself, hereby deemed partner administrators. Partner administrators are responsible for adding, removing, maintaining the organization’s administrator list, although BoomerangCast’s support team will help in the case of access/login issues and/or addition/removal of partner administrators given adequate notice. All activities performed through the BoomerangCast sites are tracked by partner administration login information by way of username and password stored and tracked within the BoomerangCast sites. We encourage organizations and their list of partner administrators to keep personal login information private to prevent fraud, misuse, or other issues that may arise. BoomerangCast reserves the right to revoke or deny access to the BoomerangCast sites and/or mobile application for abuse, fraud, legal issues, or any other reason we see appropriate without requiring justification for our reasoning.
As our partner you are responsible for appropriate naming conventions for events as well as appropriate voting/polling questions/text and responses which include, but is not limited to, names, whether individuals, businesses, external or internal organizations, and the name of the event, any titles, images, voting options, sponsor content including images, text obtained or manually entered, labels, website links, and pricing if using a paid sponsor. The geographic area, time, and duration of the events you create and/or maintain is entirely your responsibility and BoomerangCast is not liable for any errors or arising issues in creating or maintaining your events and broadcasts in regards to inaccuracies in scheduling events for broadcast.
Sponsors Within each voting and polling screen, embedded into an event, is the ability for our partner organizations to insert representation for sponsors. We encourage partners to verbally, as well as through the BoomerangCast mobile apps, draw attention to those sponsors in order to create value for the sponsors for sponsoring partner events. Sponsors are inserted into the voting and polling screens by the partners directly through the BoomerangCast sites. The sourcing of those partners and all content associated with them including, but not limited to, text, sponsor names, images, personal contact information, business contact information, which are obtained, entered, or created, are inserted into the BoomerangCast administration sites either by the BoomerangCast sales team or the partners themselves through the partner administrators. BoomerangCast does not insert sponsors, and any content associated with them into the voting and polling screens for broadcast through the BoomerangCast mobile application, nor is BoomerangCast liable for any copyright, appropriateness, or obtaining permissions for use of the content in the BoomerangCast administration websites or mobile apps for all sponsor content inserted by our partner organizations.
For sponsors sourced, contacted, or obtained by a partner organization, it is the responsibility of the partner organization to ensure permission, accuracy, appropriateness, authorization, either written, verbal, or understood, before inserting any content into the BoomerangCast sites including, but not limited to any naming, titles, labels, images, whether created or obtained. It is also the partner’s responsibility to ensure appropriateness, accuracy, and appropriateness of the wording, images or other information inserted into the BoomerangCast sites or mobile applications. Although BoomerangCast regularly checks sponsor information sourced, obtained, used within the BoomerangCast site or mobile application, we cannot ensure we will catch any issues for legality, copyright issues, obscene or vulgar images or text but we do ensure that we will take appropriate action when we come across such a case or a case is raised to our attention. If you would like to raise any issue regarding a copyright, legal issue, obscene or vulgar, or otherwise inappropriate use of our services, please contact us as support@boomerangcast.com.
Partner organization are given the ability to source sponsors, obtain imaging, wording, labels, names, contact information and determine pricing for the sponsoring of events at their discretion. BoomerangCast’s administration sites allow for management of sponsors and associated material to be used by the partner organization as well as the ability to maintain inventory of sold vs. used sponsor spaces. It is the partner’s responsibility to charge what you see as a fair price and to ensure your sponsors get value from their efforts and funding of your events. BoomerangCast does not determine any pricing for partner solicited sponsorship, nor do we ensure accuracy of any sponsor information entered or broadcast. Partner organizations have the ability to allocate sponsor visibility in the BoomerangCast mobile applications through the allocation of “spaces”. Sponsor spaces sold should be used/inserted into the partner’s voting and polling screens as agreed to between the sponsor and the partner organization with BoomerangCast excluded from said agreement.
Social Media
Users of the BoomerangCast mobile applications have the ability to login and access voting/polling events. In addition, partner organizations have the ability to enable/disable social media postings from polls. When enabled, individuals using the Boomerang/BoomerangCast mobile app must have their social media settings set to ON in order for the mobile app to launch the social media posting capability. When the social media posting is enabled by the partner, and by the individual, the social media default posting will include the partner's image along with the name of the poll which the user has voted in, and where applicable, allow the individual to enter a custom message to attach to the post.
An example of social media posting for the partner "Glentree High School" with a poll called "Glentree MVP Vote" would display Glentree High School's image as maintained by BoomerangCast but obtained from the Glentree High School, along with the name of the poll, along with the boomerangcastadmin.com website which creates the posting image and wording along with a link to a boomerangcastadmin.com website containing the same information as the polling content stated above while highlighting the sponsors obtained by Glentree (if any) with their logos/images.
Partner organizations using the social media option within voting/polling and/or events within the BoomerangCast sites and/or mobile application are completely responsible for the content of the social media posting including, but not limited to, appropriateness, legality of content and verbiage, timeliness, and must adhere to any/all local and national laws.
Last Update: January 7, 2016
Thank you for your interest in BoomerangCast. This Terms of Use and Privacy Policy governs the use of all aspects of the BoomerangCast business including but not limited to the Boomerang/BoomerangCast mobile application, the BoomerangCastadmin.com web services, and the BoomerangCast.com website. In this agreement the terms “BoomerangCast sites”, “we”, “our”, “us” refer to BoomerangCast, LLC, the BoomerangCast websites, the BoomerangCastadmin.com websites, and the Boomerang/BoomerangCast mobile applications, while the terms “you” and “your” refer to you as a user, partner organization, or other third party not part of BoomerangCast, LLC.
General Provisions
A. By using the BoomerangCast sites and/or mobile applications you accept this Terms and Conditions as well as our Privacy Policy; please read and understand it carefully. All terms and guidelines on BoomerangCast services and products, including our Privacy Policy are part of this Terms of Use and are incorporated herein by reference. Unless explicitly stated in writing by us, any use or access of BoomerangCast’s services are bound by this Terms of Use and you agree to be bound by the content within. BoomerangCast may change the terms of this Terms of Use document at any time and will revise the affectivity date when we do so. Your continued use of the BoomerangCast service after any such revisions constitutes your agreement to be bound by this Terms of Use. BoomerangCast may change, restrict access, discontinue, or suspend our Services or Products, or any portion thereof.
B. The material appearing in the BoomerangCast products/services is for general information only. We aim to ensure all the information we provide is useful, there may be errors in the information. BoomerangCast includes materials and information collected, sourced, requested, and posted by third parties that may not have been evaluated or reviewed by BoomerangCast before publishing on our sites and/or mobile solutions. We make no guarantee regarding accuracy, completeness, timeliness, or reliability of material on the BoomerangCast sites, and you should not rely on the information posted from third parties whether viewed, directed to, or made aware of through BoomerangCast sites without independent verification.
C. We encourage you to bring to our attention any material or information on the BoomerangCast sites that may be inaccurate, material you believe to be copyright violations, untimely, abusive, or offensive. Please forward a copy of the material and/or information to our support team at support@boomerangcast.com, along with an explanation of the findings.
Mobile Users
BoomerangCast provides a mobile app for people to interact with voting and polling for live events and broadcasts. BoomerangCast provides the service to create and broadcast events and voting/polling for our partner organizations, who directly create all the content within the Voting/Polling and Live Events as well as the broadcast schedule and range. We cannot assure all events viewed within the mobile app are legitimate, although we do our best in screening the accounts we provide as well as screening the partners we allow to use our service. We regularly monitor information within live event broadcasts but are subject to missing posted information that may be inaccurate, untimely, or offensive. When we find, through our own research, or through an issue highlighted by a third party and/or a user, customer, or organization, we will take appropriate action to resolve the issue. We maintain the right to block a partner or user with due reason as dictated by us. If you find any content within our mobile application to be offensive, inaccurate, or requiring our intervention, we encourage you raise the issue to us as support@boomerangcast.com with a detailed explanation of the issue. The BoomerangCast sites allow for social media login as well as posting of social media comments and sites onto individual user social media pages. The creation of social media verbiage posted onto social media pages is optional for use by our partner organizations. Our site creates a post highlighting the name of the poll, the BoomerangCast partner organization running the poll, and a link to a web page maintained by us displaying the same information stated along with highlighting the BoomerangCast partner's sponsors for the poll. The partner organizations have the ability to use, or refuse to use, the posting capabilities of the social media sites. Individual users also have the ability to refuse the ability of the BoomerangCast sites and mobile applications to post on personal social media pages. The social media posting allows end-users (voting audience) to post their own comments which are not, in any way, manipulated by BoomerangCast or our partners.
Accessing our Services for Mobile Users Although we encourage users to download the BoomerangCast app using free sources of internet access, we are not liable for any data, roaming, or any other charges incurred with using or downloading our mobile app.
Login Accounts
Users are required to log into our mobile app in order for us to strive for accurate tallying of voting/polling results tied to individual accounts. Users have the ability to use existing social media accounts as shown on the log-in page of the app as well as create a dedicated BoomerangCast mobile log in account. We encourage you to read our Privacy Policy in detail to understand what we do with the user information submitted. We do not share individual account information with our partners or any other third party but we do provide the capability to provide voting/polling results based on demographic information without sharing individual user account information. BoomerangCast makes no claims to validate, ensure accuracy, or provide any research into the validity of any account login used by individual users, whether manually or through automated systems.
Data Use and Charges
Any data charges associated with viewing, logging in, responding to voting/polling or any other activity initiated with, from, or during the use our mobile app is subject to the terms, conditions, and/or guidelines associated with internet and/or internet access and/or company charges through your account. BoomerangCast is not responsible for any charges related to internet use of BoomerangCast either through web pages, mobile apps, or content within the mobile application or activities related to creation, maintenance, or any other activities outside of our application which are required to allow download of the app, use of the app, or re-direction from within the BoomerangCast mobile app. Any and all data use charges associated with any of our services is the responsibility of the partner organizations and/or users who use BoomerangCast services including the BoomerangCast websites and mobile applications.
Voting/Polling and Viewing Events
Although we aim to have each event and/or voting/polling opportunity be legitimate, timely, non-offensive and accurate, BoomerangCast is does not create the events, the voting questions, sponsor material, voting/polling options, setup the broadcast schedule, time, or broadcast range. Items appearing in the BoomerangCast mobile application are based on the event being setup by our partner organizations and all content, aside from pure structure of the mobile application, is created, maintained, verified by them. Any images and text aside from default BoomerangCast logos and navigation text is entered by our partners directly and the responsibility for ensuring accuracy, timeliness, appropriateness, and legality lie with the partner organizations. For any issues related to material presented within the BoomerangCast mobile application please raise the issue to support@boomerangcast.com
Deals and Sponsors
All sponsor information including, but not limited to, images, website addresses, image labels, offers, sponsor logos, and/or all other information or material associated with the sponsors has been inserted into the BoomerangCast mobile application by our partner organizations who are solely responsible for content verification, accuracy, and legal terms of use. BoomerangCast will address any offensive issues, copyright issues, or otherwise as the case may rise. If in the case BoomerangCast solicits sponsorship for a partner organization and allows said organization to use/publish sponsorship information, BoomerangCast will ensure the legality and accuracy of the information provided to the partner to use although the final application/use of the provided sponsorship content will be at the discretion of the partners to whom the content was provided.
Partners
BoomerangCast’s service provides the infrastructure to create, maintain, and engage your audience for conducting live event and broadcast voting and polling. As a partner you are given access to the BoomerangCast sites which allow you to create, schedule, and broadcast voting and polling events including but not limited to event names, questions/text appearing on voting pages, images for your organization, images for your sponsors, labels for images, and voting/polling options appearing in the application. Events display on the Live Events page within the mobile application and should include one or more voting/polling screens.
Although we aim to have our services up and running at all reasonable times, our infrastructure may be down at times for upgrades, maintenance, technical issues, government and/or legal requirements, and/or improvements to our service which may result in your inability to have your event be conducted through our services without notice. We will attempt to notify you in case of planned outages in area, time, and/or specific events but there may be instances where we are unable to identify the full list of impacted event partners. We do our best to ensure our partners who are given access to the BoomerangCast admin websites and mobile apps are legitimate organizations, there may be times when we are required, by law, nature of the business, or other reasons to reject and/or revoke access for reasons we determine.
All content inserted into the BoomerangCast infrastructure and/or broadcast through our partner-created events is considered third party material falling under the responsibility of the third party(s) who generated, sourced, and/or inserted it into the BoomerangCast sites and/or BoomerangCast mobile application. BoomerangCast maintains ownership of the infrastructure and not the content. We regularly, through internal quality checks, audit events, voting/polling questions, responses, images, sponsors, and system performance but are not liable for any content that is created by our third party partners found to be offensive, vulgar, inappropriate or infringing on copyright laws. The third party who created the content, uploaded the content, and/or broadcast the content maintains responsibility to ensure its appropriateness and/or legal authorization for use within the BoomerangCast site and/or mobile applications through written, verbal, and/or understood consent from the individuals or organizations whose content, name, title, or images are inserted into the BoomerangCast site(s). Any copyright or legal issues raised due to content posted by a partner organization, tracked by internal system logging of events through username and passwords within the BoomerangCast sites, which result in legal fees and/or services impacting BoomerangCast, LLC will be paid for by the partner organization that created the event.
Scheduling and Maintaining Events
We created the BoomerangCast admin sites for easy access for our partners to be able to use our services. Each partner is given at least one log-in for the BoomerangCast admin sites and through this initial login, the partner organization maintains its own list of administrators who are deemed as representatives of the partner organization itself, hereby deemed partner administrators. Partner administrators are responsible for adding, removing, maintaining the organization’s administrator list, although BoomerangCast’s support team will help in the case of access/login issues and/or addition/removal of partner administrators given adequate notice. All activities performed through the BoomerangCast sites are tracked by partner administration login information by way of username and password stored and tracked within the BoomerangCast sites. We encourage organizations and their list of partner administrators to keep personal login information private to prevent fraud, misuse, or other issues that may arise. BoomerangCast reserves the right to revoke or deny access to the BoomerangCast sites and/or mobile application for abuse, fraud, legal issues, or any other reason we see appropriate without requiring justification for our reasoning.
As our partner you are responsible for appropriate naming conventions for events as well as appropriate voting/polling questions/text and responses which include, but is not limited to, names, whether individuals, businesses, external or internal organizations, and the name of the event, any titles, images, voting options, sponsor content including images, text obtained or manually entered, labels, website links, and pricing if using a paid sponsor. The geographic area, time, and duration of the events you create and/or maintain is entirely your responsibility and BoomerangCast is not liable for any errors or arising issues in creating or maintaining your events and broadcasts in regards to inaccuracies in scheduling events for broadcast.
Sponsors Within each voting and polling screen, embedded into an event, is the ability for our partner organizations to insert representation for sponsors. We encourage partners to verbally, as well as through the BoomerangCast mobile apps, draw attention to those sponsors in order to create value for the sponsors for sponsoring partner events. Sponsors are inserted into the voting and polling screens by the partners directly through the BoomerangCast sites. The sourcing of those partners and all content associated with them including, but not limited to, text, sponsor names, images, personal contact information, business contact information, which are obtained, entered, or created, are inserted into the BoomerangCast administration sites either by the BoomerangCast sales team or the partners themselves through the partner administrators. BoomerangCast does not insert sponsors, and any content associated with them into the voting and polling screens for broadcast through the BoomerangCast mobile application, nor is BoomerangCast liable for any copyright, appropriateness, or obtaining permissions for use of the content in the BoomerangCast administration websites or mobile apps for all sponsor content inserted by our partner organizations.
For sponsors sourced, contacted, or obtained by a partner organization, it is the responsibility of the partner organization to ensure permission, accuracy, appropriateness, authorization, either written, verbal, or understood, before inserting any content into the BoomerangCast sites including, but not limited to any naming, titles, labels, images, whether created or obtained. It is also the partner’s responsibility to ensure appropriateness, accuracy, and appropriateness of the wording, images or other information inserted into the BoomerangCast sites or mobile applications. Although BoomerangCast regularly checks sponsor information sourced, obtained, used within the BoomerangCast site or mobile application, we cannot ensure we will catch any issues for legality, copyright issues, obscene or vulgar images or text but we do ensure that we will take appropriate action when we come across such a case or a case is raised to our attention. If you would like to raise any issue regarding a copyright, legal issue, obscene or vulgar, or otherwise inappropriate use of our services, please contact us as support@boomerangcast.com.
Partner organization are given the ability to source sponsors, obtain imaging, wording, labels, names, contact information and determine pricing for the sponsoring of events at their discretion. BoomerangCast’s administration sites allow for management of sponsors and associated material to be used by the partner organization as well as the ability to maintain inventory of sold vs. used sponsor spaces. It is the partner’s responsibility to charge what you see as a fair price and to ensure your sponsors get value from their efforts and funding of your events. BoomerangCast does not determine any pricing for partner solicited sponsorship, nor do we ensure accuracy of any sponsor information entered or broadcast. Partner organizations have the ability to allocate sponsor visibility in the BoomerangCast mobile applications through the allocation of “spaces”. Sponsor spaces sold should be used/inserted into the partner’s voting and polling screens as agreed to between the sponsor and the partner organization with BoomerangCast excluded from said agreement.
Social Media
Users of the BoomerangCast mobile applications have the ability to login and access voting/polling events. In addition, partner organizations have the ability to enable/disable social media postings from polls. When enabled, individuals using the Boomerang/BoomerangCast mobile app must have their social media settings set to ON in order for the mobile app to launch the social media posting capability. When the social media posting is enabled by the partner, and by the individual, the social media default posting will include the partner's image along with the name of the poll which the user has voted in, and where applicable, allow the individual to enter a custom message to attach to the post.
An example of social media posting for the partner "Glentree High School" with a poll called "Glentree MVP Vote" would display Glentree High School's image as maintained by BoomerangCast but obtained from the Glentree High School, along with the name of the poll, along with the boomerangcastadmin.com website which creates the posting image and wording along with a link to a boomerangcastadmin.com website containing the same information as the polling content stated above while highlighting the sponsors obtained by Glentree (if any) with their logos/images.
Partner organizations using the social media option within voting/polling and/or events within the BoomerangCast sites and/or mobile application are completely responsible for the content of the social media posting including, but not limited to, appropriateness, legality of content and verbiage, timeliness, and must adhere to any/all local and national laws.
CARD PROCESSING AGREEMENT
Thank you for your interest in BoomerangCast. This card processing agreement governs the use of the credit and debit card processing capabilities provided by Boomerangcast. In this agreement the terms “BoomerangCast”, “BoomerangCast sites”, “we”, “our”, “us” refer to BoomerangCast, LLC, the BoomerangCast websites, the BoomerangCastadmin.com websites, and the Boomerang/BoomerangCast mobile applications, while the terms “you” and “your” refer to you as a user, partner organization, or other third party not part of BoomerangCast, LLC. Any reference to Advertisers or Sponsors refers to any organization, entity, or person(s) that purchases advertisement or sponsorship to be used on Boomerangcast systems or related applications. Any reference to Braintree refers to Braintree Payment Solutions LLC, www.braintreepayments.com.
Please read this agreement carefully as you will be accepting and processing Debit or Credit card payments and thus are entirely responsible for meeting the rules, regulations, commitments etc outline below. Please contact BoomerangCast at support@Boomerangcast.com for any questions or concerns you may have.
Section 1 - Braintree Processing Services
“Braintree Payments Services(s)” means the Payment Processing Services or Gateway Services defined as follows:
(a) “Payment Processing Services” means the payment processing services offered by BoomerangCast thru Braintree which provides you with the ability to accept credit cards, debit cards, and other payment methods on a website or mobile application. These services include Gateway Services, fraud protection tools, recurring billing functionality, payment card storage, foreign currency acceptance, and services and technology as described on the Braintree website.
Note: That not all of the services described here may be active at the time in which you enter into binding partnership with Boomerangcast. This is subject to change at our discretion and may or may not require written notice to you.
(b) “Gateway Services” means the gateway services offered by Braintree which provides BoomerangCast with the software and connectivity required to allow real-time secure data transmission in the processing of credit and debit card payments on a website or mobile application by you so you can accept such payments from advertisers or sponsors for live events or other polling opportunities.
Section 2 – Processing Credit or Debit Card payments
In order to enable credit or debit card payments by Advertiser or Sponsors, Boomerangcast has contracted with Braintree Payment services. All payments made using a debit card or credit card must be processed using the card processing services provided by BoomerangCast which is enabled by Braintree payment services. Under no circumstances are you allowed to process debit or credit card payments from Advertisers or Sponsors using another provider or method.
You are entirely responsible for accepting and physically processing debit or credit card payments by Advertisers or Sponsors. As such you are accountable, and as we see applicable, for complying with Braintree’s Payment Services Agreement and Use Policy which can be found here:
https://www.braintreepayments.com/legal/payment-services-agreement
https://www.braintreepayments.com/legal/acceptable-use-policy
Failure to comply with Braintree’s Payment Service Agreement and Use Policy may directly impact Boomerangcast’s ability to facilitate debit or credit card payments. If alerted by Braintree or thru other means it is found that you as a Partner organization are responsible for any misuse or are in violation of Braintree’s Payment Services Agreement and/or Use Policy, we as providers of debit and credit card payment services will contact you directly to resolve all identified issues or at our sole discretion we reserve the right to terminate our partnership with you immediately. This can happen with or without notice to you.
If any misuse or violations are called to your attention per the Payment Services Agreement and/or Use Policy, and we believe you have not resolved issues brought to your attention we may at our discretion (with or without notice to you) take such actions as we see fit to limit risk to BoomerangCast and any impacted third parties and to ensure we and you are in compliance with Braintree’s Payment Services Agreement and Acceptable Use Policy.
If actions are taken by Braintree due to misuse as identified in Braintree’s Payment Services Agreement and Acceptable Use Policy, you as a user of Braintree Payment services will be held directly responsible if the debit or credit card transactions originate with you. As such you will be held directly responsible for all actions or penalties imposed by Braintree. If such actions or penalties by Braintree result in delays in processing debit or credit card transactions and settlement of those funds it will directly impact our ability to fulfill our revenue sharing obligations as laid out in the revenue sharing agreement with you. As such at our discretion we hold the right to delay for as long as we see fit the payment of any such revenue sharing funds. Also, you agree that you will remain liable for all obligations tied to your credit or debit card transactions even after related revenue sharing amounts has been paid to you.
Also, for all transactions tied your organization you are directly liable for all claims, expenses, fines, and liability we incur resulting from:
In the event of an Invalidated payment or other liability, it will be directly deducted from amounts to be paid to you or potentially owed to you thru the Revenue Sharing agreement. In the case, that all revenue share amounts have already been paid and/or there are not enough revenue sharing funds to cover the liability from events scheduled in the future, you agree to remain liable indefinitely for any charges incurred tied to Invalidated payment or other liabilities. In such as case, Boomerangcast holds the right to bill you directly and payment for such charges is due within 30 days. If payment is not received within 30 days then interest will be included totaling 1.5% per month, or the maximum permitted by law, on all overdue amounts.
Handling Customer Debit or Credit Cards
In processing all debit or credit card payments it is only acceptable to directly input credit card information into the payment processing form supplied by Boomerangcast. It is never acceptable to write down and/or store in any other form debit or credit card numbers or other personal information that is used to process such card transactions.
In processing debit or credit card payments you are required to comply with all network security requirements as provided below by Boomerangcast and set forth by Braintree in the Payment Services Agreement and Use policy. Failure to compile will include and is not limited to you accepting all liabilities incurred resulting from violation and includes possible termination of your partner status with Boomerangcast.
You agree to:
As the end user, you agree to comply with applicable data privacy and security requirement as set under the Payment Card Industry Data Security Standard (Association PCI DSS Requirements) with regards to how you use, access, and store debit or credit card non-public personal information on behalf of Boomerangcast.
See link: https://www.pcisecuritystandards.org/documents/PCI_DSS_v3-1.pdf
Also, you agree to comply with its obligation under any applicable law or any regulation that is in effect or could be in effect, adopted or determined regarding the confidentiality, use, and disclosure of cardholder information.
You agree to indemnify, defend, and hold harmless Boomerangcast, its employees, suppliers from any lawsuit, claim, liability, loss, penalty, or other expense (including lawyer fees and cost of defense) that you may suffer or incur as result of you breaching this Agreement or any agreement you enter into with Boomerangcast in relation to you using debit or credit payment processing services provided by Boomerangcast. In addition, protect against any violation of any applicable law, regulation, or Association rules and requirements.
Section 3 – Fees and Taxes
In exchange for providing you with debit or credit card payment services thru Braintree Payment Services, you agree to pay all fees imposed by Braintree, including applicable transaction, multi-currency, and Chargeback fees. Where applicable based on your revenue sharing agreement, BoomerangCast will deduct the transaction fees before issuing revenue sharing payments. Every credit or debit card transaction will have associated transaction fees imposed by Braintree Payment Services which can be found here at https://www.braintreepayments.com/pricing, and incorporated herein by this reference.
Braintree reserves the right to revise fees at any time, subject to a thirty (30) day notice period which will be communicated to you by BoomerangCast prior to the new fees taking effect.
Note, the per transaction feeds described in this link https://www.braintreepayments.com/pricing do not include incremental costs that may result from chargebacks, multi-currency, refunds, or other fees.
Note for overdue amounts tied to your Organization interest shall accrue at the lower rate of 1.5% per month, or the maximum amount permitted by law, on all over due amounts. In the event you have a good faith dispute as to the amounts due, you agree to pay the undisputed amounts by submitting payment to BoomerangCast who in turn will pay Braintree. Interest shall not accrue for any disputed amounts so long as you pay such amount within thirty calendar days after resolution of such disputes with Boomerangcast.
Payment of Fees, Payouts, Refunds, and Right to Set Off
Subject to the terms set forth in Braintree’s Payment Services and Use Policy agreement, Braintree will send to Boomerangcast’s Bank Account all amounts due from transactions processed by you, minus any fees, Reversals, Invalidated Payments, Chargebacks, Refunds, or other amounts that are owed to Braintree under their Payment Processing Services and Use policy agreement. All such fees described will be paid by you through BoomerangCast deducting the fee amount from any scheduled revenue sharing payment. Note, that fees for individual card processing may be lower than the set advertised transaction processing costs listed here by Braintree: https://www.braintreepayments.com/pricing. In such a case, you as partner organization will not receive the lower transaction costs but will either pay the transaction processing costs listed by Braintree here: https://www.braintreepayments.com/pricing or have the fee amount deducted from the total transaction value through your revenue sharing agreement with BoomerangCast.
Note that these processing costs are not inclusive of additional charges associated with Reversals, Invalidated Payments, Chargebacks, Refunds or other amounts owed to Braintree per their Payment Processing Services and Use policy agreement. You are liable for such charges on top of the transaction processing costs.
If any fees are owed to Braintree outside of the advertised transaction processing costs it will be deducted from all revenue share amounts that may be paid to you in the future and/or if none are scheduled from future events or revenue from such events will not fully cover such fees, Boomerangcast will bill you directly and payment of such fees must be made to Boomerangcast. In turn, Boomerangcast will forward payment of such fees back to Braintree. Payment of such fees must be made to Boomerangcast at least 10 days prior to when such fees are due to Braintree in order to provide enough time for Boomerangcast to make such payment then to Braintree. If any fees or taxes are due for late payment you will be billed for these as well by Boomerangcast. We then in turn after such payments are made to Boomerangcast will facilitate such payments back to Braintree.
In case, you need to process any credit or debit card related refunds directly please contact Boomerangcast at support@Boomerangcast.com.
All requests to process refunds will be initiated by Boomerangcast.
Please allow 3-5 days for such requests to be processed.
The sponsor or advertiser can expect their account to be credited back within 30 days.
Please note: Any processing fees associated with such refunds will be charged back to you either thru a reduction in revenue owed to you from completed or future events per the Revenue Sharing agreement or if there is no pending revenue owed to you, Boomerangcast will bill you directly for such fees. Payment of such fees is due within 30 days of notice to you. If payment is not received within 30 days then interest will be included total 1.5% per month, or the maximum permitted by law, on all overdue amounts.
Section 4 – Restricted Activities
Since you are user of debit and credit card processing services provided by Boomerangcast, you must comply with Braintree’s Acceptable use policy at: https://www.braintreepayments.com/legal/acceptable-use-policy.
You agree that you will not:
Section 5 – Authority to Execute this Agreement
You have full power and authority to execute, deliver and perform this Agreement. This Agreement is binding and enforceable against you and no provision requiring your performance is in conflict with its obligations under any agreement to which you are a party.
Your organization is duly organized, authorized, and in good standing under the laws of the state, region or country of its organization and is duly authorized to do business in all other states, regions or countries in which your business or organization operates.
Please read this agreement carefully as you will be accepting and processing Debit or Credit card payments and thus are entirely responsible for meeting the rules, regulations, commitments etc outline below. Please contact BoomerangCast at support@Boomerangcast.com for any questions or concerns you may have.
Section 1 - Braintree Processing Services
“Braintree Payments Services(s)” means the Payment Processing Services or Gateway Services defined as follows:
(a) “Payment Processing Services” means the payment processing services offered by BoomerangCast thru Braintree which provides you with the ability to accept credit cards, debit cards, and other payment methods on a website or mobile application. These services include Gateway Services, fraud protection tools, recurring billing functionality, payment card storage, foreign currency acceptance, and services and technology as described on the Braintree website.
Note: That not all of the services described here may be active at the time in which you enter into binding partnership with Boomerangcast. This is subject to change at our discretion and may or may not require written notice to you.
(b) “Gateway Services” means the gateway services offered by Braintree which provides BoomerangCast with the software and connectivity required to allow real-time secure data transmission in the processing of credit and debit card payments on a website or mobile application by you so you can accept such payments from advertisers or sponsors for live events or other polling opportunities.
Section 2 – Processing Credit or Debit Card payments
In order to enable credit or debit card payments by Advertiser or Sponsors, Boomerangcast has contracted with Braintree Payment services. All payments made using a debit card or credit card must be processed using the card processing services provided by BoomerangCast which is enabled by Braintree payment services. Under no circumstances are you allowed to process debit or credit card payments from Advertisers or Sponsors using another provider or method.
You are entirely responsible for accepting and physically processing debit or credit card payments by Advertisers or Sponsors. As such you are accountable, and as we see applicable, for complying with Braintree’s Payment Services Agreement and Use Policy which can be found here:
https://www.braintreepayments.com/legal/payment-services-agreement
https://www.braintreepayments.com/legal/acceptable-use-policy
Failure to comply with Braintree’s Payment Service Agreement and Use Policy may directly impact Boomerangcast’s ability to facilitate debit or credit card payments. If alerted by Braintree or thru other means it is found that you as a Partner organization are responsible for any misuse or are in violation of Braintree’s Payment Services Agreement and/or Use Policy, we as providers of debit and credit card payment services will contact you directly to resolve all identified issues or at our sole discretion we reserve the right to terminate our partnership with you immediately. This can happen with or without notice to you.
If any misuse or violations are called to your attention per the Payment Services Agreement and/or Use Policy, and we believe you have not resolved issues brought to your attention we may at our discretion (with or without notice to you) take such actions as we see fit to limit risk to BoomerangCast and any impacted third parties and to ensure we and you are in compliance with Braintree’s Payment Services Agreement and Acceptable Use Policy.
If actions are taken by Braintree due to misuse as identified in Braintree’s Payment Services Agreement and Acceptable Use Policy, you as a user of Braintree Payment services will be held directly responsible if the debit or credit card transactions originate with you. As such you will be held directly responsible for all actions or penalties imposed by Braintree. If such actions or penalties by Braintree result in delays in processing debit or credit card transactions and settlement of those funds it will directly impact our ability to fulfill our revenue sharing obligations as laid out in the revenue sharing agreement with you. As such at our discretion we hold the right to delay for as long as we see fit the payment of any such revenue sharing funds. Also, you agree that you will remain liable for all obligations tied to your credit or debit card transactions even after related revenue sharing amounts has been paid to you.
Also, for all transactions tied your organization you are directly liable for all claims, expenses, fines, and liability we incur resulting from:
- Chargebacks, Refunds, overpayment, payment error, or other invalid payment that you cause (collectively “Invalidated Payment”).
- Any error, negligence, misconduct or fraud by you, your employees, or someone acting on your behalf, and
- Any losses resulting from your failure to comply with the terms of Braintree’s Payment Services Agreement and Acceptable Use Policy.
In the event of an Invalidated payment or other liability, it will be directly deducted from amounts to be paid to you or potentially owed to you thru the Revenue Sharing agreement. In the case, that all revenue share amounts have already been paid and/or there are not enough revenue sharing funds to cover the liability from events scheduled in the future, you agree to remain liable indefinitely for any charges incurred tied to Invalidated payment or other liabilities. In such as case, Boomerangcast holds the right to bill you directly and payment for such charges is due within 30 days. If payment is not received within 30 days then interest will be included totaling 1.5% per month, or the maximum permitted by law, on all overdue amounts.
Handling Customer Debit or Credit Cards
In processing all debit or credit card payments it is only acceptable to directly input credit card information into the payment processing form supplied by Boomerangcast. It is never acceptable to write down and/or store in any other form debit or credit card numbers or other personal information that is used to process such card transactions.
In processing debit or credit card payments you are required to comply with all network security requirements as provided below by Boomerangcast and set forth by Braintree in the Payment Services Agreement and Use policy. Failure to compile will include and is not limited to you accepting all liabilities incurred resulting from violation and includes possible termination of your partner status with Boomerangcast.
You agree to:
- Not allow anyone else to have or use your password details and to comply with all instructions we may issue regarding your account access and security. In the event you share your password, Boomerangcast will not be liable for any losses or damages you incur. You agree to be liable for such losses or damages.
- Keep your contact information up to date with BoomerangCast. We may not be able to respond to you if you contact us from an address, telephone number, or email account that you did not register to us, and
- Take all reasonable steps to protect the security of the personal electronic device you use to access debit or credit card payment services provided by BoomerangCast.
- Write down and/or store any credit card or debit card information from a Sponsor or Advertiser including card numbers, names, or other personal information.
- Maintain and use the latest version of available web browsers.
- Maintain, update, and run anti-virus protection software along with use up to date firewall protection.
- Only process and input debit or credit card information on the BoomerangCast site using only a trusted and secure network and never on a public network which could be prone to security breaches.
- Ensure that all credit card or debit card addresses are accurate when processing such transactions through BoomerangCast sites.
As the end user, you agree to comply with applicable data privacy and security requirement as set under the Payment Card Industry Data Security Standard (Association PCI DSS Requirements) with regards to how you use, access, and store debit or credit card non-public personal information on behalf of Boomerangcast.
See link: https://www.pcisecuritystandards.org/documents/PCI_DSS_v3-1.pdf
Also, you agree to comply with its obligation under any applicable law or any regulation that is in effect or could be in effect, adopted or determined regarding the confidentiality, use, and disclosure of cardholder information.
You agree to indemnify, defend, and hold harmless Boomerangcast, its employees, suppliers from any lawsuit, claim, liability, loss, penalty, or other expense (including lawyer fees and cost of defense) that you may suffer or incur as result of you breaching this Agreement or any agreement you enter into with Boomerangcast in relation to you using debit or credit payment processing services provided by Boomerangcast. In addition, protect against any violation of any applicable law, regulation, or Association rules and requirements.
Section 3 – Fees and Taxes
In exchange for providing you with debit or credit card payment services thru Braintree Payment Services, you agree to pay all fees imposed by Braintree, including applicable transaction, multi-currency, and Chargeback fees. Where applicable based on your revenue sharing agreement, BoomerangCast will deduct the transaction fees before issuing revenue sharing payments. Every credit or debit card transaction will have associated transaction fees imposed by Braintree Payment Services which can be found here at https://www.braintreepayments.com/pricing, and incorporated herein by this reference.
Braintree reserves the right to revise fees at any time, subject to a thirty (30) day notice period which will be communicated to you by BoomerangCast prior to the new fees taking effect.
Note, the per transaction feeds described in this link https://www.braintreepayments.com/pricing do not include incremental costs that may result from chargebacks, multi-currency, refunds, or other fees.
Note for overdue amounts tied to your Organization interest shall accrue at the lower rate of 1.5% per month, or the maximum amount permitted by law, on all over due amounts. In the event you have a good faith dispute as to the amounts due, you agree to pay the undisputed amounts by submitting payment to BoomerangCast who in turn will pay Braintree. Interest shall not accrue for any disputed amounts so long as you pay such amount within thirty calendar days after resolution of such disputes with Boomerangcast.
Payment of Fees, Payouts, Refunds, and Right to Set Off
Subject to the terms set forth in Braintree’s Payment Services and Use Policy agreement, Braintree will send to Boomerangcast’s Bank Account all amounts due from transactions processed by you, minus any fees, Reversals, Invalidated Payments, Chargebacks, Refunds, or other amounts that are owed to Braintree under their Payment Processing Services and Use policy agreement. All such fees described will be paid by you through BoomerangCast deducting the fee amount from any scheduled revenue sharing payment. Note, that fees for individual card processing may be lower than the set advertised transaction processing costs listed here by Braintree: https://www.braintreepayments.com/pricing. In such a case, you as partner organization will not receive the lower transaction costs but will either pay the transaction processing costs listed by Braintree here: https://www.braintreepayments.com/pricing or have the fee amount deducted from the total transaction value through your revenue sharing agreement with BoomerangCast.
Note that these processing costs are not inclusive of additional charges associated with Reversals, Invalidated Payments, Chargebacks, Refunds or other amounts owed to Braintree per their Payment Processing Services and Use policy agreement. You are liable for such charges on top of the transaction processing costs.
If any fees are owed to Braintree outside of the advertised transaction processing costs it will be deducted from all revenue share amounts that may be paid to you in the future and/or if none are scheduled from future events or revenue from such events will not fully cover such fees, Boomerangcast will bill you directly and payment of such fees must be made to Boomerangcast. In turn, Boomerangcast will forward payment of such fees back to Braintree. Payment of such fees must be made to Boomerangcast at least 10 days prior to when such fees are due to Braintree in order to provide enough time for Boomerangcast to make such payment then to Braintree. If any fees or taxes are due for late payment you will be billed for these as well by Boomerangcast. We then in turn after such payments are made to Boomerangcast will facilitate such payments back to Braintree.
In case, you need to process any credit or debit card related refunds directly please contact Boomerangcast at support@Boomerangcast.com.
All requests to process refunds will be initiated by Boomerangcast.
Please allow 3-5 days for such requests to be processed.
The sponsor or advertiser can expect their account to be credited back within 30 days.
Please note: Any processing fees associated with such refunds will be charged back to you either thru a reduction in revenue owed to you from completed or future events per the Revenue Sharing agreement or if there is no pending revenue owed to you, Boomerangcast will bill you directly for such fees. Payment of such fees is due within 30 days of notice to you. If payment is not received within 30 days then interest will be included total 1.5% per month, or the maximum permitted by law, on all overdue amounts.
Section 4 – Restricted Activities
Since you are user of debit and credit card processing services provided by Boomerangcast, you must comply with Braintree’s Acceptable use policy at: https://www.braintreepayments.com/legal/acceptable-use-policy.
You agree that you will not:
- Breach this Agreement or any other agreement that you have entered into with BoomerangCast as a user of Braintree Payment services for Debit or Credit card processing services.
- Violate any federal, state, or local laws, rules or regulations applicable to your business;
- Violate any rule, guideline, or bylaw of any of the Associations (the “Association Rules”), as they may be amended by the Associations from time to time (Visa, MasterCard, American Express, and Discover).
- Fail to provide us with any information that we reasonably request about you or your business activities, or provide us with false, inaccurate or misleading information
- Refuse to cooperate in a legal investigation or audit that may be required by the Associations;
- Integrate or use any of the debit or credit card processing services provided by BoomerangCast without complying with Braintree’s requirements;
- Utilize recurring billing functionality without properly obtaining your customers’ consent to be billed in such a manner;
- Submit any Transaction for processing through the Braintree Payment Services which does not represent a bona fide, permissible Transaction as outlined in this Agreement and in the Association Rules, or which inaccurately describes the product or services being sold or the charitable donations being made; and
- Process Transactions or receive payments on behalf of any other party, or redirect payments to any other party.
Section 5 – Authority to Execute this Agreement
You have full power and authority to execute, deliver and perform this Agreement. This Agreement is binding and enforceable against you and no provision requiring your performance is in conflict with its obligations under any agreement to which you are a party.
Your organization is duly organized, authorized, and in good standing under the laws of the state, region or country of its organization and is duly authorized to do business in all other states, regions or countries in which your business or organization operates.
Refunds
Please contact BoomerangCast for all refund related questions at support@boomerangcast.com.
BoomerangCast handles refunds on a case by base basis. BoomerangCast will assist you in processing all refunds for Credit cards, Debit cards, and Checks.
Please note the following requirements for refunds:
Again, please reach out to BoomerangCast with any refund related questions: support@boomerangcast.com.
Please contact BoomerangCast for all refund related questions at support@boomerangcast.com.
BoomerangCast handles refunds on a case by base basis. BoomerangCast will assist you in processing all refunds for Credit cards, Debit cards, and Checks.
Please note the following requirements for refunds:
- A full refunds will be given for Ads that have been purchased and not used in any vote or poll.
- If an Ad has already been used in a vote or poll, you have 15 days from the end of the poll to get a full refund. After 15 days, no refunds will be processed or granted.
- In the case that some but not all Ads purchased have been used in a vote or poll then a partial refund may be processed for all unused Ads.
- Please allow 5-7 days for all credit card refunds to be processed and the Sponsors or Advertisers account to be credited back.
- For all check refunds please allow for up to 30 days for a refund check to be mailed to the Sponsor or Advertiser.
Again, please reach out to BoomerangCast with any refund related questions: support@boomerangcast.com.
Contact Information
We hope, and will do all we can to help you have a fruitful experience with BoomerangCast! For any questions and/or comments related to BoomerangCast in its entirety please send us a message at support@boomerangcast.com.
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Copyright BoomerangCast 2019
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