This agreement is between PocketLearn Inc. (PocketLearn) and any PocketLearn
content publisher (Publisher) wishing to authorize PocketLearn to accept online
payments on his or her behalf through the PocketLearn web site and utilizing
PocketLearn's "PocketPay" program.
Background
PocketLearn users have two options for creating and publishing content: Web-based
creation, and the Flashcard Studio Windows software tool. Any content created
on the PocketLearn web site (Web-based creation) can be published only as FREE content.
For content created by Flashcard Studio, publishers determine a "license type" for their creative work. They
are also encouraged to submit their works to the content repository that exists
on the PocketLearn web site, where their content (also known as PocketLearn
"titles") may be downloaded by the online community. Some of the content
license types, specifically "trial", "donation", "convdemo" and "commercial"
indicate that the publisher may require a fee for use of the content. At
the time such content is submitted, the publisher selects how the fee will be
collected. The publisher may select to redirect the buyer to a web site of
his or her choosing. In these cases, PocketLearn simply redirects the
potential buyer to that web site whenever the "Purchase/Donate" option is
selected for the content. The redirection URL (web site) is completely the
responsibility of the Publisher and PocketLearn cannot be held liable for any
transactions that occur at the redirected web site (see also the
Terms of Use). The
Publisher may also select to utilize "PocketPay" for their payment option.
PocketPay Details
PocketPay is the name of a program provided by PocketLearn as a convenience
to the publisher and to provide a better customer experience for individuals who
purchase content. Using "PocketPay" specifically means the following:
- At content submittal time,.Publisher provides a PayPal account ID to
receive payments from the PocketPay program
- At purchase time, PocketLearn will process the payment using their
online payment processor, PayPal Website Payments Pro, which offers payment
via credit card or a PayPal account
- Upon completion of the payment transaction, PocketLearn will deliver the
"product" to the buyer, if applicable (see below for definitions of product
deliverables)
- Within 7 days of completion of the payment transaction, PocketLearn will
send the payment (after fees) to the PayPal account ID provided by Publisher
Product Deliverables
The product that is delivered upon completion of the payment transaction
depends on the license type of the content that is being purchased. Below
are the definitions of the product deliverable, based on license type.
- donation - As this transaction is a donation, there is no product
delivered. In a sense, the product is the purchaser's good feelings
about rewarding the publisher. PocketLearn will send an email to the
purchaser, thanking him or her for the donation.
- trial - As with the "donation" license type, there is no product
delivered. Since this license type is based on the "honor system", the
purchaser already has the product and is simply complying with the terms of
the license. PocketLearn will send an email to the purchaser, thanking
him or her for the purchase.
- convdemo (Convertible Demo) - The product in this case is an
alphanumeric "code" or "key" that the purchaser will use to "unlock" the
content and convert it from a demo version into a commercial version.
The purchaser is given this key (along with an expression of gratitude) via
an email sent after completion of the payment transaction. The key was
provided by the publisher at content creation time.
- commercial - The product for this license type is a PocketLearn
content file representing the full commercial title that was purchased.
Upon completion of the payment transaction, PocketLearn will place that file
in a temporary folder on the PocketLearn web site. PocketLearn will
then send the purchaser an email containing the web location (hyperlink)
from which the file can be downloaded, and expressing gratitude for the
purchase. The folder and file will be available until it has been
downloaded three times or for a period of three days, whichever comes first.
After one of these events, it will be removed. The purchaser will also
be notified of this in the email.
Fees
PocketLearn charges a fee of 5% + $.30 (USD) per transaction when
using the PocketPay program. Note that PocketLearn pays between 2.2% and
2.9% plus $.30 USD per transaction to its payment processor, so much of the 5%
PocketPay fee covers PocketLearn's own cost for providing these payment
services.
Payment to Publisher
PocketLearn will pay Publisher via the Publisher's PayPal account within 7
days of the completion of the transaction. The amount paid to the
Publisher will be the cost of the title (or the amount of the donation) minus
the fees for using PocketPay (5% + $.30 USD).
Responsibilities
Publisher asserts that he or she is an adult of at least 18 years of age,
able to legally enter into this agreement. Publisher asserts that he or
she has the rights to sell a license to the content being sold. Issues
related to the intellectual property rights of the content being sold is the
responsibility of the Publisher. The Publisher is also responsible for any
tax consequences of payments made from PocketLearn to his or her PayPal account.
In the United States, PocketLearn, if requested by the Internal Revenue Service
will make available to them a record of payments to the Publisher.
PocketLearn's responsibilities to the purchaser end once the purchase
transaction is completed and the product is delivered, . All post-purchase
issues related to the purchaser's use of the title or its content become the
sole responsibility of the Publisher. All purchaser inquiries related to
the purchase will be forwarded to the Publisher for resolution.
Refunds
Under no circumstances will PocketLearn refund the PocketPay fees for a
transaction. If a purchaser is for any reason dissatisfied with the
purchase, it is the sole responsibility of the Publisher to resolve the problem.
If the resolution involves a refund to the purchaser, it will be the
responsibility of the Publisher to provide that refund, whether or not the
Publisher decides to refund the PocketPay fee portion or not.
Choice of Law
This Agreement will be governed by the laws of the State of Texas without giving effect to any choice of law principles that would require
the application of the laws of a different state or country. The United Nations
Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transactions Act (USA) do not apply to this Agreement.
