TERMS OF SERVICE  
 

  

Last updated: 7/20/2024  

Welcome to Resomy(referred to in this policy as  “us”, “we”, or “our”) has adopted the following Terms of Service which govern your relationship with RESOMY and provide important information about your legal rights (“Terms”). 

  

These Terms explain the rules you need to follow when you visit our marketplace located at TeachersPayTeachers.com and related subdomains (together, the "RESOMY Marketplace"), any affiliated web pages we may host (which together with the RESOMY Marketplace, we refer to in these Terms as the “Sites”), our mobile applications (“Apps”), and any other services we might offer (together the Sites, Apps, and related services are our “Services”).  

The RESOMY Marketplace offers an open platform for educators and creators to discover, buy, and share their original content for teaching and learning, classroom decor. Resources may include electronically delivered files, digital products, streaming video, physical or used goods, and other product types. RESOMY may modify, add, discontinue support for, or limit the availability of any product type. A Resource, together with the Resource title, description, and other listing information make up a “Resource Listing.” RESOMY at no time owns or sells Resources for or on behalf of Sellers. 

Users of the RESOMY Marketplace include members (“Members”) who have registered for a RESOMY account (“Account”) and visitors who browse the marketplace without registering for an Account (“Visitors”). (Visitors and Members together are our “Users”.) 

1. Membership 

A. ELIGIBILITY 

To use many aspects of our Services, you’ll be asked to become a Member. Only individuals who are 18 years of age or older are eligible to become Members. By registering for an Account or using our Services, you represent and warrant that you are at least 18 years old.  

When you create an Account, the information you provide needs to be true and accurate. Don’t provide fake or false information, don’t provide information that violates someone else’s rights, and don’t impersonate someone else.  

We may ask for proof of your age or identity at any time in order to verify your Account and we may close or suspend access to your Account if you violate this rule or if we are unable to verify your age or identity. 

If you’re a school, organization, government, business, or other entity, the person whose email address is associated with the Account must have authority to bind the entity to this Agreement.  

If your Account has been closed by RESOMY, you are no longer eligible to be a Member of our community.   

 

B. USERNAME & PASSWORD 

You’ll be asked to pick a username for your Account. Your username has to be unique and can’t be inappropriate, offensive, or something that violates the rights of someone else.  

You’ll also be asked to pick a password to protect your Account. Together this information is used to access your Account. It’s your responsibility to keep your login information confidential and you’re responsible for any and all activity that happens under your Account whether or not you authorized it. If you believe that your Account has been accessed by an unauthorized person, please contact our Customer Experience team as quickly as possible at [email protected] so we can help.  

 

C. MEMBERSHIP TYPES 

Buyers. You can join RESOMY as a Buyer to use our Services for purchasing and downloading Resources (“Buyer”, “Buyer Membership”). A Buyer Account is owned by the individual whose name and email address are listed on the Account profile. As a Buyer, you’ll be able to make purchases, download free and purchased Resources, post Feedback, questions, comments, requests, or other public messages (“Communications”), submit requests for custom products, connect with other Members, your School, or an Organization, and enjoy other features and services we may offer. 

These Terms are the entire agreement between you and RESOMY, and they govern your relationship with RESOMY. Becoming a Member of our Services does not create an agency, employment, or partnership relationship between you and RESOMY. RESOMY is not the employer of, and does not act as an agent for, any Member.   

 

If you’re a Seller, any Resources you’ve posted will no longer be searchable and your Resource pages will not be available to Users; however your paid Resources remain accessible to the Accounts of Members who have previously purchased them.  

2. RESOMY Community 
 
 

A. COMMENTS 

You may have the option to provide a review of a Resource you’ve purchased or downloaded for free by providing a comment (“Feedback”). Any Feedback you choose to leave should reflect your honest experience using the Resource for its intended purpose. We may remove Feedback for any reason, at any time, without notice and we may ban a Member from leaving future Feedback. 
 
 

3. Resource Licensing Policy 
 
A. IN GENERAL 

License. RESOMY Sellers own and maintain the intellectual property rights in their Resources and grant Members licenses to use such Resources for limited use as described in this section. When you purchase a Resource, you’re purchasing a license to use the Resource in accordance with the terms of this Resource Licensing Policy. All downloadable and digitally consumed Resources can only be used in accordance with a license, which can either be an “Individual License” or a “Classroom License.”  

Your use of any Resource, regardless of license type and whether the license is purchased by you, transferred to you by your Organization, or purchased for you as a gift or on your behalf by your school or other entity, is subject to this Resource Licensing Policy and other terms set forth in these Terms. You agree to comply with the terms of this Resource Licensing Policy as well as any additional terms the Seller provides in the Resource Listing, to the extent that such terms do not conflict with these Terms. In the event of any conflict between this Resource Licensing Policy and a Seller’s terms, this Resource Licensing Policy will govern, except that Sellers may grant certain additional rights to their Resources.  

B. INDIVIDUAL LICENSE 

An Individual License is a license that may only be assigned to a single specific individual user (“Assignee”) (e.g. one specific teacher) for that Assignee’s lifetime use. Individual Licenses are non-transferable and may not be used by or reallocated to a different Assignee (for example, a teacher who purchases an Individual License can use such Resource, in accordance with this section, for her or his lifetime but cannot transfer use of such Resource to another teacher after her or his retirement).   

Except as otherwise stated in these Terms (such as in the “Limitations on Access” section set forth below), with an Individual License, the Seller grants to the purchasing Member, for use by one Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below. The Seller may grant additional rights at their discretion. 

If you purchase an Individual License, the Seller permits you to: 

  • Assign use of the Resource to one Assignee. Once an Assignee has been designated, the license cannot be used by any other individual, but you can purchase additional licenses as needed. For clarity, you can purchase an Individual License for yourself, as a gift for another person, or as an Organization purchasing on behalf of a teacher. In such cases, a single “transfer” of the Resource to the intended recipient Assignee is permitted, but you may not reallocate an Individual License from one Assignee to another or share the Resource with additional users unless you purchase additional licenses for each additional Assignee. 

 

As an Assignee of an Individual License, the Seller permits you to: 

  • Use the Resource for personal, educational, and instructional use only (“Personal Use”). This means you can use Resources for your own personal purposes, for your individual study, and to teach your students. 

  • Print and make copies of downloadable Resources as necessary for Personal Use. Copies may be made and provided to your students, classroom aides, and substitute teachers as necessary. Copies may also be made for students’ parents, classroom observers, supervisors, or school administrators for review purposes only. Hard goods and video resources may not be copied, shared, or otherwise reproduced. 

  • Deliver Resources electronically as needed by using features available through the Services or by other secure means that enable access to Resources by only your students (and as needed, their parent/caregiver) (“Permitted Recipients”). You may not upload Resources to websites, applications, shared drives or other sites or services in a way that enables access by anyone other than Permitted Recipients. 

 

Unless otherwise expressly permitted by the Seller: 

  • You may not use the Resource, in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity.  

  • Except as permitted above to deliver Resources electronically to Permitted Recipients, you may not post or otherwise make the Resource available on any website, application, shared drive or other sites or services. 

  • You may not share, send, sell, sublicense, or transfer the Resource to someone else for their own Personal Use unless you purchase an additional license for each additional educator you will share it with. Each Individual License is for use by one specific educator only.  

  • Transfer the Resource to one Assignee (e.g. a teacher within your Organization) at a time. Unlike an Individual License, you can reclaim the license from the Assignee and re-assign it to a different user. You may not share a Resource with multiple users concurrently unless you purchase additional licenses.  

Downloadable Resources.  RESOMY cannot guarantee continuous access to any Resource through our Service. For example, if at any time, RESOMY stops hosting a Resource for any reason or you or RESOMY terminates, suspends, downgrades, or otherwise limits your Account or access to RESOMY’s Services, your ability to access the Resource through our Services may be terminated. It’s your responsibility to maintain and store a copy of downloadable Resources on your device to ensure future access. Some resources uploaded to our Service by Sellers may create accessibility issues when accessed with screen readers or other assistive technologies. 

Digital and Video Resources.  If you purchase access to a Resource in the format of streaming video or other non-downloadable formats, your license will expire if you or RESOMY closes your account, or if RESOMY stops hosting the Resource for any reason. Some resources uploaded to our Service by Sellers may create accessibility issues when accessed with screen readers or other assistive technologies. 

Security of the Resources. Prior to downloading any Resource, you are responsible for making sure it is properly scanned to ensure it does not contain or transmit viruses, malware, or other harmful software programs. 

4. Intellectual Property and Security  

A. THE SERVICES AND THE SITE CONTENT  

Except for Content uploaded or posted by Members, all other aspects of the Site and the Apps you find on our Services is owned or controlled by us. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site or Apps (collectively, “Site Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights. 

You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose we mean that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets. 

  

5. Payment, Marketplace Earnings, & Payouts 
 
A. PURCHASING TERMS & REFUNDS 

Refund Policy.  When you make a purchase on RESOMY, you agree to our Refund policy. Except as provided in our Refund Policy, all sales are considered final and nonrefundable once an order is submitted. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy. 

Payment methods and currency.  We may offer a variety of payment methods to pay for purchases, such as a credit and debit card, PayPal Account, School Purchase Order, Resomy Account credit, or the available balance on a valid Resomy Gift Card. We accept payments in United States Dollars (USD). Cash payments and payments in other currencies will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase.  

6. Your Privacy 

A. OUR PRIVACY POLICY  

The privacy and security of your data and the personally identifiable information you give us is important to us. Our privacy policy explains the data we collect from you and how we use it. By using RESOMY Services, you agree that we may use such data in accordance with our privacy policies. 

8. Limitation of Liability & Warranty Disclaimer 

Our Services. We work hard to ensure that our Services are always available and working properly, but disruptions do occur from time to time and we can’t guarantee that any or all features will always work, or that our Services will be continuously available. 

  

RESOMY is constantly working to improve our Services for all of our community Members and Users. We may update or change available functionality at any time.  

YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RESOMY (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SERVICES. WE MAKE NO GUARANTEES RESPECTING THE AVAILABILITY OF THE SERVICES, THE SECURITY OF THE SERVICES AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS, EXISTENCE OF ANY VIRUSES OR OTHER HARMFUL MATERIALS, OR ANY OTHER GUARANTEES.  

  

YOU AGREE THAT RESOMY (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.  

  

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. RESOMY’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO (A) THE TOTAL AMOUNTS PAID BY YOU TO RESOMY DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS THE LESSER AMOUNT. 

  

Content.  The Resources and Communications on our Services are uploaded or posted by our Members. RESOMY does not produce, approve, post, or upload Resources or Communications. The Content you see on our site and any views, opinions, or assertions presented are those of the Members who posted the Content and do not reflect the opinions, or the official policy or position of RESOMY. RESOMY makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, security or other aspects of any Content. 

   

Interactions with other Members. You may have the ability to communicate, interact, or otherwise connect with other Members through our Service. It’s your responsibility to take precautions when sharing any information about yourself with another Member or anyone else, and you release RESOMY from any liability that may arise out of your interactions with another Member of our Service. 

  

Third Party Content. As you use our Services, there may be links, ads, or other ways for you to visit other websites not owned or controlled by RESOMY. When you access third party websites, you do so at your own risk. RESOMY cannot and does not make any representations or warranties about other websites or services.  
 
 

Third Party Services. The Services may permit you to link to other websites, or use other services or resources on the Internet in conjunction with our Service (“Third Party Services”), and Third Party Services may contain links to the Services. When you access Third Party Services, you do so at your own risk. Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third Party Service. 

9. Changes to these terms 

We may make changes to these Terms from time to time. Whenever the changes we’re making are material to you, we’ll attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Services. To notify you, we may send a message to the email address we have for your Account, we may post notifications around our Services, or we may use other communication methods to reach you. 

This includes periodic changes to our Privacy Policy, Copyright & Trademark Policy, Community Guidelines, Seller Fees and Payout Rates Policy, and any other policies which are incorporated as part of these Terms. 

The notice will include the date on which the changes will be effective. Continuing to use our Services after the changes go into effect serves as your acceptance of the changes.   
 
 
 

10. Other Terms 
 
A. DISPUTES WITH RESOMY 

In the case of a dispute between you and RESOMY arising out of these Terms or your use of our Services, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. 

11. Survival of Terms 
 
The following provisions survive if you cease using our Services or your Account is closed by you or by RESOMY for any reason: 

  

  • Visitors. If you continue to access our Services as a Visitor, any Terms that apply to Visitors still apply to you.  

  • Intellectual Property Rights.  You still have to respect our intellectual property rights as described in Section 4.A, and if you’ve posted Content, you’re bound by Section 4.B.  

  • Rules for Purchasing and Downloading Resources.  After your Account is closed, you have to follow the licensing rules about how you can use Resources you’ve purchased or downloaded and who you can share them with, our Refund Policy, and our Payment Disputes policy.  

  • Privacy Policy. Section 6 of these Terms and the terms of our Privacy Policy continue to apply, including data we collect from Visitors if you continue to visit our Site, how we treat and use your Account information after your Account is closed, and how you can report Content that you believe violates your privacy rights. 

  • Earnings and Payouts. Any final Payouts due to you are subject to these Terms and will be paid in accordance with Section 5. 

  • Disputes with RESOMY.  Any legal action that might arise between you and RESOMY related to your use of RESOMY is governed by the provisions of Section 10.A of these Terms. 

  • Warranty Disclaimer, Limitation of Liability, and Indemnity (Section 7 and Section 8). RESOMY’s warranty disclaimer remains in effect, you can’t hold RESOMY liable for losses or damages due to your use of RESOMY, and you still have to defend RESOMY against legal action arising from your use of the Services.  

  

12. How to Contact Us 

You can reach us by emailing [email protected], or by submitting a message using our Contact Us form.