Terms of Service
Last modified: January 18, 2024
StoryCo Services ("StoryCo" or "Services") are provided by StoryDAO Labs Inc. ("We," "Our", "StoryCo") to you ("User" or "Users").
- Although we will attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up to date version (found at story.co/terms). StoryCo may, in its sole discretion, modify or revise these Terms of Service at any time. Modifications and revisions will take effect 5 days after they have been posted. Nothing in these Terms of Service shall be deemed to confer any third party rights.
- If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify StoryCo and its officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Ability to Accept Terms of Service
- You affirm that you are 13 years of age or older, and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
- In any case, you affirm that you are 13 or older, as the Service is not intended for people under 13. If you are under 13 years of age, then please do not use the Service.
- These Terms of Service apply to all users of StoryCo's Services, including users who are also contributors of Content to the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, 3D elements, and other Content you may view on, access through, or contribute to the Service. The Service includes all aspects of any StoryCo product, including but not limited to software and services offered via the StoryCo app, StoryCo website, Share, Subscribe, RSS and Embed features, and other applications.
- The Service may contain links to third party websites that are not owned or controlled by StoryCo. StoryCo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, StoryCo will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve StoryCo from any and all liability arising from your use of any third-party website.
- Accordingly, we encourage you to be aware when you leave a StoryCo Service and to read the terms and conditions and other policies of each other website that you visit.
StoryCo User Accounts
- In order to access some features of StoryCo Services, (for example: Uploading content, using the Creator Tools, submitting to Co/Creates) you will have to create a StoryCo user account. You may never use another's user account without permission. When creating your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify StoryCo immediately of any breach of security or unauthorized use of your account.
- Although StoryCo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of StoryCo or others due to such unauthorized use.
General Use of the Service
StoryCo hereby grants you permission to access and use their Services as set forth in these Terms of Service, provided that:
- You do not alter or modify any part of the Service.
- If you use the Embed feature on your website, you may not modify, build upon, or block any portion or functionality of the Embed feature, including but not limited to links back to the StoryCo website.
- If you use the StoryCo creator tools, you agree that it may automatically download and install updates from time to time from StoryCo. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit StoryCo to deliver these to you) immediately as part of your use.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders,". "bots" or "offline readers," that accesses the Service in a manner that attempts to forge the presence of a user accessing the site for the purpose of artificially increasing "pageviews," "subscribers," "points," or "likes" or other elements that contribute to a series popularity or advancement within any programs that StoryCo offers to users.
- Notwithstanding the foregoing, StoryCo grants the operators of public search engines permission to use spiders to copy Content from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content, but not caches or archives of such Content. StoryCo reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any personally identifiable information, including user account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, posting) for any commercial solicitation purposes.
- In your use of the Service, you will comply with all applicable laws.
- StoryCo reserves the right to discontinue or otherwise alter or modify any aspect of the Service at any time.
Your Content and Conduct
- As a StoryCo product account holder you may submit Content to certain StoryCo Services, including comics, scripts, images, animated gifs, videos, music, links and user comments. You understand that StoryCo does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on a StoryCo Service.
- You hereby affirm, represent, and warrant that you (1) own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and publish through the Service; and (2) all such Content are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
- You further agree that Content you submit to a StoryCo Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the Content or you are otherwise legally entitled to post the Content and to grant StoryCo all of the license rights granted herein.
- You further agree that you will not submit to the Service any Content or other material that is contrary to the StoryCo Content and Community Guidelines, currently found at story.co/conduct, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
- StoryCo does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and StoryCo expressly disclaims any and all liability in connection with Content. StoryCo does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and StoryCo will remove all Content if properly notified that such Content infringes on another's intellectual property rights. StoryCo reserves the right to remove Content without prior notice.
StoryCo does not claim ownership rights of your Content. Your Content belongs to you and StoryCo does not restrict you from using your Content for any purpose unless stated in additional terms for other programs or offerings StoryCo may provide.
- For the purpose of enabling StoryCo to make your Content available on our platforms, you hereby grant StoryCo an ongoing, non-exclusive, worldwide, royalty-free license and right to utilize Content that you publish through our platforms for the commercial purpose of digital publication on our website, through mobile devices, through digital sharing methods and through other digital means currently existing or not yet invented.
- If you agreed to participate in one or more of StoryCo's Programs defined herein the document, you may be compensated for Content published using one or more of our platforms. StoryCo does not claim ownership right in your Content when you participate in our StoryCo Programs.
- StoryCo will not sell or redistribute your Content to third party licensees unless you give us permission to do so. Advertisements on StoryCo platforms from direct advertisers or third parties may be served with Content. In a case where StoryCo offers an opportunity for Content owners to potentially benefit from compensation outside of StoryCo platforms, such as licensing for merchandising, publication through non-StoryCo channels, making a movie or other licensing opportunities, a separate agreement with the third party and your full consent would be required.
- In order to promote, publicize, market and further the success of your Content and StoryCo as a whole, you hereby grant StoryCo an ongoing, non-exclusive, worldwide, royalty-free license and right, but not obligation, to utilize Content that you publish on a StoryCo platform, or give to StoryCo, and your user persona including, but not limited to, your name, likeness, and biographical information for promotional purposes. Examples include, but are not limited to, sending samples of Content for use by the press, posting Content to social channels, or printing samples of Content for distribution at conventions.
Ad Revenue Program
- We use direct advertisers or third-party advertising companies to serve ads when users visit our website. These companies may use information (except for your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
- If you are over 18 years of age you may submit your application to participate in our Ad Revenue Program via our Creator Tools Dashboard. Please review the submission guideline prior to submitting your application. You may withdraw from participating in our Ad Revenue Program at any time with a notice sent to [email protected].
- Although we make the best effort to bring high CPM ads and use the latest ad serving technology in order to ensure ad delivery, we cannot guarantee minimum CPM or ad delivery rate.
Payment and Fees
- You must have an active Paypal Account in order to request and receive payment. Our users reside in various countries all over the world, and hence, Paypal has proven to be the most efficient and reliable method of payment at this time. There may be Paypal transfer fees associated in certain countries determined by Paypal, not by us.
- You hereby agree to a fee of thirty percent of revenue (30%) for our Ad Revenue Program. StoryCo covers all third party credit card transaction expenses.
- You may submit a request for payment transfer only when the available balance in the revenue tab of your dashboard is greater than or equal to $25.00 ("Minimum Balance"). If the amount of the payment is less than the Minimum Balance, then the payment will be held until Minimum Balance is reached. When Minimum Balance is reached, you must click the Request Transfer button on the Revenue tab of your dashboard in order to begin the payment process. It will take 3-5 business days to transfer the requested payment amount to your Paypal Account. StoryCo is not responsible for any error with your Paypal account or information.
- For any questions and inquiries regarding payments, please contact [email protected].
Virtual Currency, Program Points, and Purchases
- Members may accrue points through our Points Program (“Program” or “Points Program”) by engaging in certain activities, which may entitle Members to Program Points for certain benefits ("Benefits") provided by us. Program Points have no cash or monetary value outside of their use through the Program. Any change to the Program or these Terms and Conditions will be posted on this site so you are encouraged to visit the site often. We may, among other options, withdraw, limit, modify, or cancel any Benefit or increase or decrease the Program points required for any Benefit.You agree that we will not be liable to you or any third party for any modification or discontinuance of the Program or Benefit offered, in whole or in part.
- In consideration of your use of the Program, you agree to provide true, accurate, current, and complete information about yourself as prompted by any online registration form. Furthermore, you agree to maintain and promptly update your personal data to keep it true, accurate, current, and complete. If you provide any information that is not true, inaccurate, not current, or incomplete; or if we have reasonable grounds to suspect that such information is not true, inaccurate, not current, or incomplete; we have the right to suspend or terminate your account and to refuse any and all current or future use of the Program (or any portion thereof) by you.
- As a member of the Program, you will automatically be signed up to receive personalized emails, information, and offers from Story.co and/or its partners ("Partners") or as otherwise specified by Story.co via electronic mail or physical mail. At any time after you register, you may opt out of emails regarding information and offers by clicking on the unsubscribe link at the bottom of each email
- To earn and accumulate Program Points, you must undertake activities that StoryCo and story creators deem to be worthy of earning Program points. We expressly reserve the right to establish additional means of accruing Program Points; to remove any or all of the means currently in effect; to exclude certain types of transactions from the accumulation of Program Points; to specify periods after which unused points will be forfeited or reduced in percentage. Program Points can be accrued only for activity taken and completed by you and can be applied only to your account. Program Points are automatically deposited within 48 hours.
- We will use reasonable efforts to allocate earned Program Points to your account; however, you are responsible for ensuring that your Program Points are properly credited. If you believe that Program Points have been earned but not credited, we reserve the right to require proof of accrual; including, but not limited to, copies or receipts or similar documentation verifying any transactions claimed to have been performed. Any claims of uncredited Program points should include a proof of accrual and must be received within sixty (60) days after the date such points are claimed to have been earned. Program points will be maintained in your account until and if they are forfeited. All decisions regarding Program point balances, Benefits, forfeitures, and the identity of any individual accessing an account, are within our sole discretion. Program Points will only be issued if you have provided a directed disclosure authorizing your participating provider to share information about your treatment with the Program. You may revoke this authorization at any time, but if you do so, you may no longer be eligible to participate in the Program.
- At the sole discretion of each story creator, a Member’s Program Points are eligible for profit allocations of the Program Pledge (as defined below) through compliance with the StoryCo Program. (an "Eligible Profit Allocation") The amount of Program Points available for each Eligible Profit Allocation, as well as the Benefits available for an Eligible Profit Allocation shall be determined by StoryCo.
- Eligibility for an Eligible Profit Allocation is subject to compliance with these Terms and Conditions and a Profit Event (as defined). A Profit Event is defined as where the story that is tied to the given Program Points cumulatively receives at least $100,000 in Net Profit (as defined below) from the commercial exploitation of the underlying intellectual property related to the story. A Profit Event does not include any Net Profit received that qualified as a previous Profit Event. “Net Profit” shall mean gross receipts actually received from the story intellectual property (without double counting) related to commercial exploitation of the story, less any: 1) expenses incurred or any of its affiliates related to any promotional and/or marketing efforts; 2) refunds and chargebacks; 3) the production budget, including any casting and/or production expenses; and 4) any transaction fees, taxes, duties and currency conversions. StoryCo will make best efforts to publish all accounting information related to the calculation of the Net Profit upon a Profit Event.
- Upon occurrence of a Profit Event, all accumulated Program Points in a member's account as of the Profit Event become eligible for an Eligible Profit Allocation, according to the guidelines outlined in the Program Terms & Conditions. Subsequent to the occurrence of a Profit Event, members may continue to accrue points through qualifying activities as defined in the point earning schedule, but those will not qualify for an Eligible Profit Allocation.
- In the event that a Profit Event has not occurred within a member's period of membership, the member will retain their accrued points. This clause is in place to ensure the economic sustainability of the Program and protect the interests of StoryCo and the Program members.
- Story.co reserves the right to determine, in its sole discretion, whether such a Profit Event has occurred. Story.co will inform members of the occurrence of a Redemption Event in a timely manner through an update on the Story.co website and/or email notifications.
- Any Persons who qualify for a Eligible Profit Allocation must still comply with Story.co Know-Your-Customer protocols (KYC) prior to any payment made by Story.co related to the Eligible Profit Allocation.
- Program Points earned in two (2) or more different Member accounts may not be combined for any Benefit. SuchBenefits are not refundable, replaceable, or redeemable for cash, credit, or other benefits, or points under any circumstances.
- The Program Points accrued under the Story.co Program represent an individual share of the Eligible Profit Allocation as defined in our Program Terms & Conditions. The Eligible Profit Allocations shall be calculated by Story.co and are subject to change by Story.co based upon economic necessity.
- Story.co reserves the right to determine, in its sole discretion, the total funds available for redemption following a Redemption Event, as well as how these funds are allocated among members. All decisions regarding the allocation and distribution of funds are final.
- Please note that the number of points required for a share of the available Eligible Profit Allocation may be subject to change depending on the total available funds and the total number of points accumulated by all members. As always, full details and terms are provided in our Rewards Program Terms & Conditions. Program Points accrued may not be transferable to other Members or Member accounts. Program Points have no cash or monetary value and are not otherwise redeemable for cash or any other currency outside of the Story.co Program.
- You may also be awarded virtual "Points," "Coins," or other currency to use for virtual "shopping." These currencies have no "real world" value, but may be exchanged by you for designated items. Certain items have an expiration date, while others have no expiration date. Each item that you obtain using virtual currency will be included in your account until the earlier of that item's expiration date, your account's expiration or termination date, or such date when the platform is discontinued. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY. StoryCo has no liability for loss of your items from your account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any item or any experience lost due to your violations of this and any other rules, policies, notices and/or agreements. Price and availability of the items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the items, virtual currency or any other content or information included in any StoryCo platform, in whole or in part, to any third person or entity whatsoever in return for anything of value (including "real" money) or otherwise, unless specifically stated otherwise when purchased. You acknowledge that any virtual currency you receive on any of StoryCo's platforms is not "real" currency or any type of real world financial instrument.
- To ensure your security and comply with KYC regulations, we require all members to complete a one-time verification process before being granted Profit Points for the first time. When this feature is available, click on the "KYC Verification" link in your account dashboard. You'll be asked to provide proof of your identity via an easy and secure multi-step verification process.
- You can review your total Co/Create Profit Points balances on your account dashboard.
- When you make a claim after a Profit Event, the StoryCo platform will deduct the relevant number of points from your balance and distribute the funds to you.
- StoryCo enables user's fans to support the user by tipping. The user takes 100% of the tip amount, after 3rd party fees are applied.
Grants, Contests, and Accelerator Initiatives
- StoryCo will run contests, grants, and accelerator initiatives from time to time that may include some form of monetary reward (“Initiatives”). These Initiatives are open to individuals who meet the terms of the Initiatives. All participants must ensure their submissions do not violate any laws. The Initiatives are subject to all applicable federal, state, and local laws and regulations.
- Entries submitted after the deadline will not be considered.
- Participants must submit their original works, which they own free and clear. Submissions can be in the form of scripts, books, or comics intended for multimedia adaptation.
- Submissions may be judged by StoryCo or its community through the StoryCo app. The company reserves the right to select winners at its sole discretion based on the application and the potential for multimedia adaptation. The decision of the judges is final and binding.
- Winners may receive a financial reward, and a portion of that reward may be allocated to a Co/Create fund managed by StoryCo or the story creator to be used for advancing the production of the winning submissions through collaborations within the community for writing, music, art, and other related services.
- By entering the Initiatives, participants affirm that they own all rights to their submissions. StoryCo. does not claim any ownership rights to the submitted works. However, by participating, entrants grant the company the right to use their names, likenesses, and submissions for promotional purposes without further compensation.
- StoryCo is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Initiatives. The company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, entries.
- Any disputes concerning the conduct or organization of the Initiatives may be resolved by StoryCo at its sole discretion.
- Participation in the Initiatives constitutes the participant's full and unconditional agreement to these terms and conditions.
- You have the right to opt out of the Services at any time by removing your Content or by sending a written notification with the subject line "Opt Out Notice" to StoryCo via email at [email protected]. Users who have won Co/Creates will be unable to remove the winning content.
- Users, who violate these Terms of Service, tamper with the operation of any program, or engage in any conduct that is detrimental or unfair to StoryCo, the program or any other users (in each case as determined by StoryCo's sole discretion) are subject to suspension or cancellation of their user account(s) along with their ability to submit requests for payment.
- StoryCo will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- StoryCo reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. StoryCo may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
- The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by StoryCo or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
CALIFORNIA NOTICE OF FINANCIAL INCENTIVE
- Under California law, loyalty programs may be considered a financial incentive. To view our notice of financial incentive, please visit: CA Notice of Financial Incentive
- If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information by mail to 8 The Green, Suite A, Dover, Delaware 19901 or by email with the subject line "Copyright" to [email protected] in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
- Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice by either of the methods outlined containing the following information:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by StoryCo, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Warranties and Disclaimers
- Other than as expressly set out in these terms or in additional terms, StoryCo will not make any specific promises about the Service. For example, StoryCo will not make any commitments about the content within the service, the specific function of the Service or their reliability, availability, or ability to meet your needs. StoryCo provides the Service AS IS.
- Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
You release StoryCo and any of its affiliates, directors, officers, employees, representatives, agents and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with any StoryCo Service (including, without limitation, participation in the membership) or delivery, misdelivery, acceptance, possession, use of or inability to use any benefits (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Some jurisdictions do not allow (i) the exclusion of implied warranties on applicable statutory rights; and in the case of the countries of the United Kingdom, Luxembourg, the Netherlands and Spain, (ii) limitations on a contracting party's liability with regards to damages or death caused due to its negligence or intentional misconduct, so the above exclusions and limitations may not apply in some cases.
Limitation of Liability
- The Service will be governed, construed and interpreted under the laws of the United States. Members agree to be bound by these Terms of Service and by the decisions of StoryCo, which are final. StoryCo reserves the right to suspend or cancel user accounts and any benefits should viruses, bugs, unauthorized human intervention or other causes beyond our control affect the administration, security or proper handling of the benefits or StoryCo otherwise becomes (as determined in its sole discretion) incapable of running the program as planned. In case of bankruptcy, StoryCo reserves the right to deny all benefits and obligations that it may have.
- When permitted by law, StoryCo will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
- To the extent permitted by law, the total liability of StoryCo, for any claim under these terms, including any implied warranties, is limited to the amount you paid us to use the Service (or, if we choose, to supply you the Service again).
- In all cases, StoryCo will not be liable for any loss or damage that is not reasonably foreseeable.
- In case of any conflict or inconsistency, further agreements between you and StoryCo supersede these Terms of Service.