Last updated: November 7, 2025
The following TERMS OF USE & MARKETPLACE PARTICIPANT AGREEMENT (these “Terms of Use”) are a legal and binding agreement between you and Story, Inc., or our designated affiliate(s) (the “Company”, “we”, “our”, or “us”), governing your online access and use of our website, www.storyincmedia.com, and any related mobile application(s) we may develop or make available to the public (collectively, our “Online Platform”). By accessing or using our Online Platform, you accept and agree to be bound by these Terms of Use, including the Privacy Policy linked below, as well as any other rules, playbook and event contract trading matters set forth in our Prediction Rules (defined below), and policies now existing or hereafter establish by the Company related to the Online Platform or Platform Services.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU ACCESS OUR ONLINE PLATFORM, CREATE A PROFILE, SUBMIT PROJECTS, PARTICIPATE IN PREDICTION MARKETS, OR ENGAGE WITH ANY PLATFORM SERVICES AS A FILMMAKER OR FAN. IF YOU DO NOT AGREE WITH THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS OUR ONLINE PLATFORM OR PROCEED WHEN THIS DOCUMENT IS LINKED TO YOU IN THE ACCOUNT PROCESS.
1. ABOUT OUR ONLINE PLATFORM & MARKETPLACE PARTICIPANTS.
Our Online Platform is a first-of-its kind interaction where we connect filmmakers and fans in the development of original film and production projects, doing so through a unique prediction market experience that reimagines the development of inspirational and uplifting storytelling. We further this interactive process by (A) enabling filmmakers to submit Project clips and photos, pose questions to fans, and gather feedback and data insights throughout the content creation process and (B) incentivizing fans to view project clips, respond to questions posed by filmmakers, and participate in a prediction market relating to entertainment industry outcomes in exchange for rewards – including monetary incentives (after beta testing) and access to exclusive content, sets, or VIP experiences – based on the accuracy of their predictions and engagement with Projects (the “Platform Services”). Your visit to our Online Platform is generally done in one or both of the following end-user capacities (each, a “Marketplace Participant”):
As a “Filmmaker” who is using our Online Platform to share their film or television projects, receive feedback on their content, and interact with Fans.
As a “Fan” who is engaging with the Filmmaker’s projects, making predictions and trades on the underlying event contracts, and earning rewards based on platform activities.
In all capacities as a Marketplace Participant, even if you are just visiting our Online Platforms for interest or review, please take the time to carefully read these Terms of Use in detail, both to protect your rights and honor the rights and intellectual property of the Company and our Filmmakers.
2. CHANGES TO THESE TERMS OF USE.
Please note that we retain the right to revise and update these Terms of Use from time to time in our sole discretion or as necessary to comply with changing laws or operational needs. For example, we may adopt reasonable updates if regulations from the U.S. Commodity Futures Trading Commission (the “CFTC”) require us to make additional disclosures or change features of our Platform Services that relate to futures, predictions on event contracts, or designated contract market (DCM) matters. In all instances, all changes are effective immediately when we post them to our Online Platform, and the changes apply to all uses of the Online Platform from and after posting. Your continued use of our Online Platform after such changes constitutes your acceptance of the updated Terms of Use. However, any changes or modifications to these Terms of Use will not apply retroactively. In addition, changes to these Terms of Use will not impact the binding effect of any separate agreements we may enter into with Filmmakers (such as option purchase agreements for their Projects) or create revisions to such agreements, given that these Terms of Use are intended only to govern access to the Online Platform.
3. ACCESS, ACCOUNT SECURITY & PRIVACY.
3.1 Right of Access. Our Online Platform is being made available to you for your personal interactive use only as a Filmmaker or Fan, as described in Section 1 above. You may use the Online Platform to register and maintain a profile, submit or browse film and media Projects, participate in prediction markets and DCM engagements for those Projects, interact with other Marketplace Participants, and access our other platform features, content, and services. Subject to these Terms of Use, we therefore grant you a limited, non-exclusive, non-transferable, and revocable right of access or license, as applicable, to: (A) download, install, and use the Online Platform or related applications for your personal use as a Filmmaker or Fan on any mobile device or computer owned or otherwise controlled by you (for the purposes set out herein); and (B) access, register, view, submit, engage with, and use the content, features, functionality, and Online Platform for your own lawful interactive purposes, including engagement with our prediction market features and Projects of Filmmakers (collectively, the "Right of Access").
3.2 Availability and Access. From time to time, at our discretion, we may restrict your access to certain portions of the Online Platform, revoking the Right of Access described in Section 3.1 above. We reserve the right to withdraw or amend any of the services or material we provide to you on our Online Platform, at our sole discretion and without notice (so long as such withdrawal does not violate applicable law, such as CFTC regulations). We will not be liable to you if for any reason all or any portion of the Online Platform is unavailable at any time or for any period, whether for maintenance or scheduled downtime. Other portions of these Terms of Use also outline instances in which we may terminate your Right of Access immediately if you are in breach of our rights, or the rights of our Filmmakers (such as under Section 4.3).
3.3 Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue any Platform Services (in whole or in part) or the Right of Access with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform Services or the Right of Access, or any parts thereof. The Company commits to exercising reasonable efforts to notify you of all modifications, suspensions, and updates to the Platform Services and these Terms of Use (especially those that may be required by CFTC guidelines).
3.4 Termination of Access. Either you or the Company may terminate your access to the Platform Services (and thus terminate these Terms of Use) at any time through notice to the other party, or through our online account termination process available through the Online Platform. On termination, you lose and forfeit the Right of Access and any further rights to use the Platform Services. However, the following items shall survive termination: (A) our rights to use and disclose Feedback; (B) Sections 4, 6, 9, 13, 14, and 15 of these Terms of Use; (C) our rights to seek to collect any amounts and outstanding Access Fees you may owe to us; (D) our rights to maintain certain information and data in accordance with our Privacy Policy; and (E) our rights under any separate option purchase or production related instruments with Filmmakers, if any.
3.5 Profile Responsibilities and Security. If you choose to create an online profile with the Company as part of your general use of the Online Platform (through our “Sign Up” link), including voluntarily establishing a Filmmaker profile as part of features solely applicable to Filmmakers (and not Fans), you are solely responsible for retaining all login information and account access details. You acknowledge that your account profile is personal to you, and you agree not to provide any other person with access to portions of your account containing your username, password, contact email, Project uploads, Fan interactions with Projects, or other security information. You agree to notify us immediately of any unauthorized access to or use or disclosure of your username or password, or any other breach of security. Please exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your secure information.We hold and retain the right to disable any username, password, or other identifier at any time, at our sole discretion for any or no reason, including if you have violated any provision of these Terms of Use.
3.6 Privacy; Mobile Alerts. Your privacy and the protection of the information you may submit through the Online Platform are important to the Company. To access our Platform Services or register a profile with us, you may be asked to provide registration details (for example, required information such as your formal legal name and email address, and optional information such as your street address, state, zip code, or profile photo). A condition of your use of the Online Platform is that all the information you provide to us or through the Online Platform is correct, current, and complete. For all Marketplace Participants visiting the Online Platform, all information you provide to register with or use our Online Platform is governed by our “Privacy Policy” (available at www.storyincmedia.com/privacy). To protect the security of your information and our Online Platform and to complete initial onboarding of your profile, we may offer you the option of using dual-authentication or SMS messaging to access our Platform Services. The Company or our designated carriers will only send these messages after you have provided affirmative consent to receiving those messages during the account registration process by voluntarily uploading your phone number, in accordance with applicable laws such as the TCPA. You retain the right to revoke this consent and opt-out of such messaging by contacting us at the information below or replying “STOP” to those messages.
3.7 Eligibility and Age Restrictions. The Online Platform is intended solely for individuals who are at least eighteen (18) years of age, or the age of legal majority in their jurisdiction of residence, whichever is greater. By accessing or using the Online Platform and Platform Services, including participating in predictions or submitting Projects, you represent and warrant that you meet these age requirements. If you are under 18 years of age, or under the legal age of majority in your jurisdiction, you are not authorized to create a profile, submit content, make predictions on Projects or content, or otherwise participate in any activities on the Online Platform. We reserve the right to refuse access, suspend, or terminate any account or activity where we have reason to believe the Marketplace Participant does not meet these eligibility requirements or where participation would violate any applicable local, state, or federal law or regulation (including CFTC rules). It is your responsibility to ensure that your use of the Platform complies with all laws, rules, and regulations applicable to you.
4. OWNERSHIP MATTERS & PERMITTED USES.
4.1 Ownership of Online Platform. The Online Platform (including all logos, trademarks, copyrights, content, source code, integrations, features, software, published works and articles, displays, images, graphics, and online formatting originally developed by us or our representatives) are owned by the Company, our licensors and IP partners (if any), or other providers of such content, being expressly protected by United States and international copyright, trade dress, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Use of any content or material relating to the Online Platform without prior written authorization by the Company or outside the permitted uses in these Terms of Use is strictly prohibited. We stress that the value of our Online Platform is based, in large part, on the unique works of authorships, trade secrets, rights, generative models, engagement tools, integrations with other parties, and unique coding and design represented in the business solutions we deliver. As such, we will pursue all necessary action to protect the rights underlying our Online Platform.
4.2 Permitted Uses. These Terms of Use permit you to use the Online Platform for your personal trading use on event contracts or Project-related activities (according to Section 3.1 above and the Right of Access). Accordingly, you must not unlawfully reproduce, distribute, modify, or create derivative works of any of the material on our Online Platform (including the Platform Services or Projects), except as follows:
Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser or mobile device for display enhancement purposes.
You may print or download copies of your history and review of the Online Platform.
You may print or download digital materials delivered to you through Platform Services—such as Project feedback, prediction market data or results, or community activity records—for your own personal, creative, educational, or business use in connection with Platform participation.
You may download local copies of Project-related materials and content so long as such copies are not derivative works or created or accessed with the intent of infringing on the rights of our Filmmakers.
If we provide desktop, mobile, web, or other applications for download, you may download copies to your computer or mobile device solely for your own personal and recruitment-related use (consistent with Section 3.1 above).
By using the Online Platform, you agree not to delete or alter any copyright, trademark, or other proprietary rights notices from copies (or print versions) of content and reports from the Online Platform, including unique content marks that protect the Projects submitted by Filmmakers. EXCEPT AS SET FORTH IN THESE TERMS OF USE, NO RIGHT, TITLE, OR INTEREST IN OR TO THE ONLINE PLATFORM OR ANY CONTENT ON THE ONLINE PLATFORM IS TRANSFERRED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY US AND OUR OTHER MARKETPLACE PARTICIPANTS WHO HOLD SUCH RIGHTS.
4.3 Ownership of Projects; Project Withdrawal. By design, our Online Platform is a medium where Filmmakers can submit and upload their film ideas, concepts, themes, illustrations, titles, storylines, video clips, photos, trailers, and other related media projects or content elements (each, a “Project”) through the Online Platform for viewership, prediction market engagement, and interaction by other Marketplace Participants. In connection with Project interaction, you expressly acknowledge and agree that all intellectual property rights, proprietary rights and protections, and other rights of authorship in and to each Project are expressly held (and reserved) by the original Filmmaker. If you misuse, exploit, or attempt to create any derivative works or reproductions of any Project you viewed through our Online Platform (other than as permitted by Sections 3.1 and 4.2 above), your Right of Access will be immediately revoked, and the Company may, if we elect, proceed with all applicable legal rights of actions to enforce and protect the content and Projects on our Online Platform. Although our Filmmakers retain ownership rights in their Projects (as stated in this Section), please note that we cannot withdraw a Project posting or other User Contribution once trading, prediction involvement, or an event contract on that Project has been published to other Marketplace Participants in connection with the Platform Services. Prior to going live for any such event, including during the submission and review process prior to posting, each Filmmaker may voluntarily withdraw their Projects from the Online Platform and Platform Services.
4.4 Option to Acquire Projects and Related Intellectual Property Rights. If you submit or develop any Project through the Online Platform in a capacity as a Filmmaker, you acknowledge and agree that the Company holds an option, but not obligation (an “Option”), to make you an offer to acquire the production, distribution, or general development rights for any Project you submit, including the related intellectual property rights therein. Of course, if you are a Filmmaker, you may accept or reject any Option offer in your sole discretion. The terms and conditions for any such Option offer, if you elect to proceed, will be subject to our separately published Option Purchase Agreement, available on the Online Platform (our “Option Purchase Agreement”).
5. ACCESS FEE & PAYMENT TERMS.
5.1 Application Fee (for Filmmakers). If you are a Filmmaker, the submission of each Project through the Platform Services will generally require the payment of a per-Project fee that is set out in more detail in your submission process on the Online Platform (in each instance, the “Application Fee”). The Application Fee must be paid in full at the time of the payment request through our online payment system to maintain access to the Platform Services for the posting of your applicable Project. By submitting a Project to us through the Platform Services, you authorize the Company to automatically charge the Application Fee to your designated payment method. Please note, however, that we retain the right to forego any Application Fees during testing, initial launch, or beta phases of our Online Platform.
5.2 Changes to Application Fees and Subscription Model. As of the “last updated” date set forth above, and except with respect to Application Fees for Projects submitted by Filmmakers, we do not require the payment of monthly or other regular access fees for your Right of Access to the Online Platform. However, the Company reserves the right to modify the Application Fee per Project or implement a subscription fee for the Right of Access at any time, in its sole discretion. Any changes to the Application Fee will only apply to future submissions of Projects, and not to previously submitted Projects. In the event the Company increases Application Fees or implements a subscription-access model for the Platform Services, you are free to cancel your access to the Platform Services through our online termination process at any time (rather than make payment of those amounts).
5.3 No Refunds. All Application Fees are non-refundable, including in the event of cancellation or termination of your access and registration to the Platform Services.
6. TRADEMARKS.
The Company name and any Company logo we display on our Online Platform—including all related names, features and solution descriptions, and slogans—are trademarks of and proprietary to the Company or its affiliates and service providers. You must not use or exploit such marks and logos without the prior written permission of the Company.
7. COPYRIGHT INFRINGEMENT.
The Company is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. We will promptly process and investigate notices of claimed infringement based on our User Contributions (as defined in Section 9.1) or our Platform Services, and we will take appropriate actions under applicable law. In particular, we may aggressively pursue legal action if we suspect, or have reason to believe, that any Marketplace Participant is infringing on the copyright or other rights of our Filmmakers and their Projects. All notifications of claimed copyright infringement must be submitted to the contact information set forth at the end of these Terms of Use. IF YOU BELIEVE THAT YOUR WORK OR PROJECT HAS BEEN COPIED OR USED ON THE ONLINE PLATFORM IN A WAY THAT CONSTITUTES COPYRIGHT OR TRADEMARK INFRINGEMENT, PLEASE NOTIFY US IMMEDIATELY.For sake of clarity, even though we strive to offer reasonable protections for Projects and our Online Platform, please note that we are not responsible for enforcing or defending any copyright or other intellectual property rights on behalf of any Filmmaker or other Marketplace Participant, and nothing in these Terms of Use shall obligate the Company to take any action or pursue any legal remedies on your behalf.
8. PROHIBITED USES & RESTRICTIONS.
During your interaction with our content (including all Platform Services) or the postings, profiles, prediction markets for Projects, and content or contributions of other Marketplace Participants, you may only use the Online Platform for lawful, personal interactive purposes and in strict accordance with these Terms of Use (including Section 3 and Section 4 above). During your visits to our Online Platform, you expressly agree not to use (or exploit) the Platform Services:
For any commercial purposes that extend beyond your personal participation as a Filmmaker or Fan, or that are unrelated to your use of the Online Platform to share, promote, or engage with film, television, or related media Projects as permitted hereunder.
To violate any applicable federal, state, local, or international law or regulation (including laws, insider-trading restrictions, regulations, policies, and procedures applicable to prediction marketplaces, such as those adopted by the CFTC). In particular, Filmmakers are expressly prohibited from trading on their own Projects (including the underlying event contract) or entering into any other form of insider trading in violation of applicable laws and our Prediction Rules.
To infringe upon or violate our intellectual property rights or those of any other Filmmaker, Fan, or third party.
For the purpose of exploiting, harming, or attempting to exploit any natural person or entity (including other users on the Online Platform). This specifically prohibits misuse of user-submitted Project content, personal information, or community contributions.
In any manner that could disable, overburden, damage, or impair the Online Platform or interfere with any other person’s or entity’s use of the Online Platform.
To upload or transmit viruses, bugs, or any other type of malicious code.
To engage in any other conduct or statements that restrict anyone’s use or enjoyment of the Online Platform and our content.
To “flood” our support channels or communication networks with requests that might unreasonably overburden or disrupt the Online Platform.
In connection with any device, software, action, or routine that interferes with the proper working of the Online Platform.
To gain unauthorized access to, damage, or disrupt any parts of the Online Platform that are based on payment of an Access Fee if you have not already paid the Access Fee (including with respect to our Platform Services).
To exploit or use for any unlawful or improper purpose any confidential or proprietary information or content uploaded by other users, including Project details, data insights, or communications.
To disclose information and details that you do not have the legal or contractual right to share.
To target, harass, threaten, or otherwise harm any user of the Online Platform, including Filmmakers or Fans, or to take actions that could harm their reputations, opportunities, or projects.
For any unauthorized or unlawful marketing, sharing, or secondary use of third-party content or information accessed through the Online Platform.
9. USER CONTRIBUTIONS & POSTINGS (INCLUDING FOR PROJECTS).
9.1 Description. Subject to the terms of our Privacy Policy, during your use, testing, and access of the Online Platform or Platform Services, you are solely responsible for any Project submissions, previews, prediction responses, comments, feedback, social media posts, reviews, content uploads, re-shares of user content, or other material you voluntarily transmit on or through the Platform, or otherwise provide to us (collectively, “User Contributions”). You assume all risks associated with the use of your User Contributions by the Company or other parties of your User Contributions, including any reliance on the accuracy, completeness, or usefulness of such material by Filmmakers or Fans, or any disclosure of User Contributions that personally identifies you or any third party. For example, if you upload a Project clip, post a prediction for engagement on our Online Platform or engage with a DCM to provide a response, submit feedback, or publicly comment on another Project, you are fully responsible for the content of that User Contribution. Except for personal information collected in accordance with our Privacy Policy, you understand that User Contributions you submit to the Online Platform may be considered non-confidential and non-proprietary (because, by nature, we are creating a medium for engagement by Marketplace Participants to trade on event contracts), and may be accessed and viewed by other users of the Online Platform.
9.2 Ownership of User Contributions. Subject to the grant of rights described in this Section and except as set forth in Section 4.3 above (concerning Project ownership), for purposes of your relationship with the Company, you retain all ownership rights for all content and User Contributions created in your interactions with the Online Platform, Platform Services, and the Company.
9.3 Feedback. If you provide the Company with any feedback or suggestions regarding the Platform Services or the Online Platform (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.
9.4 License Grant; Representations. In connection with any User Contribution, and in furtherance of your ownership of Projects as outlined in Section 4.3, you grant (to the extent available to you) the Company an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to: (A) make changes to our Online Platform that may affect how content for your User Contributions appear (including Project presentations); (B) use and disclose metrics regarding your User Contributions, in a format that does not include personally identifiable information; (C) use, share, or publicly display those User Contributions, including Project details and content for event contracts, in our reasonable marketing and business activities to expand and grow the Online Platform and to permit other Marketplace Participants to engage in trading on those Projects; (D) maintain and publicly display all Projects and related User Contributions for so long as a market, contract, or prediction trading event has gone live; and (E) remove any User Contribution that is in violation of these Terms of Use. You represent and warrant that: (i) you have the right to submit the User Contribution to the Company and grant the rights set forth above; (ii) the Company will not need to obtain licenses from any third party or pay royalties to any third party for its use of the User Contribution, including with respect to posting and public display of Projects; (iii) the User Contribution does not infringe any third party’s rights, including intellectual property rights, production or distribution rights, and privacy rights; and (iv) the User Contribution materially complies with these Terms of Use and all applicable laws and regulations.
THE COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTRIBUTION (OR YOUR RESULTS OR EXPERIENCE FROM INTERACTING WITH OTHER USER CONTRIBUTIONS).
10. CONTENT STANDARDS.
We are committed to maintaining an interactive and respectful environment for all Marketplace Participants on the Online Platform. Accordingly, all User Contributions (including Project submissions, Feedback, prediction results or insights, comments, and other information you choose to post or transmit through the Platform) must not: (A) contain material that is defamatory, obscene, indecent, abusive, harassing, or hateful; (B) promote sexually explicit activities or pornographic material; (C) infringe upon any patent, trademark, trade secret, copyright, or other intellectual property rights of others; (D) violate the legal rights (including rights of privacy or publicity) of any person or entity; or (E) promote or encourage any illegal, unlawful, or otherwise objectionable activity, as determined at the sole discretion of the Company. Notwithstanding the foregoing, we may, in our sole discretion, make exceptions to these requirements for legitimate artistic, creative, or other reasons as we deem appropriate for publishing and display of Projects or other User Contributions.
11. MONITORING & ENFORCEMENT.
To enforce these Terms of Use and protect the integrity of the Online Platform, we retain the rights to: (A) remove any User Contributions for any or no reason, at our sole discretion, if those are found in breach of these Terms of Use; (B) take appropriate legal action in connection with any illegal or unauthorized use of the Online Platform or our Platform Services; and (C) terminate or suspend your Right of Access to all or part of the Online Platform for any violation, or suspected violation based on evidence available to us, of these Terms of Use. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities, the CFTC, or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Online Platform.
12. LINKS TO OTHER SOURCES & PARTIES.
If the Online Platform contains links or plug-ins to other sites and resources provided by third parties (including other marketplaces that have integrated or established APIs with our Online Platform), these links and plug-ins are provided for your convenience only and for your voluntary visiting, if you choose to do so. We stress that we have no control over the contents of those third-party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Online Platform, you do so entirely at your own risk and subject to the terms and conditions for such websites.
13. DISCLAIMERS & LIMITATION.
13.1 Disclaimer of Warranties. ALL CONTENT, INFORMATION, MATERIALS, AND OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU BY THE COMPANY AND THROUGH THE ONLINE PLATFORM, AND THE ONLINE PLATFORM ITSELF, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PLATFORM OR THE CONTENT, INFORMATION, MATERIALS, OR OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU THROUGH, THE ONLINE PLATFORM. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ONLINE PLATFORM AND ANY OF THE CONTENT, INFORMATION, MATERIALS, PROJECT INFORMATION, OR OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU THROUGH, THE ONLINE PLATFORM, IS AT YOUR SOLE DISCRETION AND RISK (INCLUDING THE SUCCESS OR FAILURE OF ANY TRADING ON UNDERLYING EVENT CONTRACTS THROUGH THE PLATFORM SERVICES).EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS PLATFORM SERVICES AND THE ONLINE PLATFORM, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO COMPLIANCE WITH PREDICTION MARKETPLACE LAWS THAT MIGHT IMPACT MARKETPLACE PARTICIPANTS, AND ALSO DISCLAIMS ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OTHERS.
13.2 Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, OUR AFFILIATES, OR ANY OF OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, EQUITY HOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR ONLINE PLATFORM AND PLATFORM SERVICES. THIS LIMITATION EXPRESSLY PRECLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES AGAINST THE COMPANY, EVEN IF FORESEEABLE BY YOU OR US.SUBJECT TO ANY ADDITIONAL LIMITATIONS IN A SEPARATE AGREEMENT WITH YOU, IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY EXCEED THE TOTAL AMOUNTS AND FEES PAID AND AMOUNTS AND FEES ACCRUED BUT NOT YET PAID BY YOU TO THE COMPANY FOR THE PLATFORM SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR LOSSES.
13.3 Indemnification. As indicated in these Terms of Use, we cannot and will not be liable for your misuse of our Online Platform or your breach of these Terms of Use (including Project misuse or exploitation that violates any Prediction Rules we publish). Accordingly, you agree to indemnify (which is a legal term of art, meaning you will compensate, reimburse, and protect us from certain losses), defend, and hold the Company and our affiliates, officers, directors, employees, representatives, licensors, agents, and client base harmless from and against any and all direct or third-party claims, losses, damages, judgments, costs, and expenses (including reasonable attorney fees) arising out of your misuse of our Online Platform, any violation of these Terms of Use, or your failure to comply with any applicable laws.
13.4 Prediction and Platform Risk Disclosure; Story Cash. By using the Online Platform – whether as a Fan participating in prediction activities and trading or as a Filmmaker sharing Projects and related questions – you acknowledge and accept certain risks inherent in these activities. For Fans, participation in prediction activities related to Projects may involve the risk of financial loss or forfeiture of rewards on underlying event contracts. For Filmmakers, uploading Projects and soliciting feedback or prediction participation may result in outcomes, responses, or data that may not meet your expectations (including negative reviews of those Projects). Additionally, by sharing your Project materials with other Marketplace Participants on the Online Platform, you acknowledge and accept the risk that your content may be copied, shared, or used by others without your authorization, and we cannot guarantee the protection of your intellectual property from such actions (even with the statements and protections we implement in these Terms of Use).
Your experience on the Online Platform depends on the reliability of electronic systems (software, hardware, internet, power, etc.), which may be subject to technical failures or interruptions affecting your ability to participate, submit predictions, review outcomes, or claim rewards on Projects. We do not guarantee uninterrupted access or error-free operation of the Platform and are not liable for any losses or missed opportunities resulting from technical issues, outages, or other disruptions to the Platform Services and Project review.
Please also note that our Online Platform may operate, both initially and during later launch phases, through a non-monetary “Story Cash” system that increases or decreases based on your performance trading through the Online Services (as well as through certain engagement and profile activities). Consistent with applicable rules and regulations for prediction markets, we are not responsible for any of your choices concerning use of your Story Cash rewards or whether those are lost entirely through your interaction with the Online Platform. Moreover, our Story Cash (as of launch of the Online Platform) does not constitute redeemable monetary currency, and can only be redeemed or used for exclusive experiences unique to the Online Platform.
Please carefully review and understand the rules and terms for each prediction event before participating, including those we may publish under our separate playbook and exchange guidelines (our “Prediction Rules”). By using the Online Platform, you assume all risks associated with your participation.
14. MARKETPLACE PARTICIPANT REPRESENTATIONS AND WARRANTIES.
In addition to those representations and warranties set forth in Section 9.4 above, you represent and warrant that (A) if you are an individual, you are of the age of majority in your state of residence (consistent with Section 3.7 above); (B) you have all requisite legal authority and capacity to enter into these Terms of Use, to engage in market and prediction activities regulated by the CFTC of your own volition and risk tolerance, and to use the Platform Services on your own behalf and to perform your obligations for Projects and User Contributions; and (C) you are, and at all times will be, in compliance in all material respects with CFTC regulations and all other applicable laws, rules, regulations, and court orders or rulings concerning the Platform Services and your actions on the Online Platform.
15. GENERAL TERMS.
15.1 Entire Agreement. Except as specifically referenced or incorporated herein (for example, our Privacy Policy, Option Purchase Agreement, and our Prediction Rules), these Terms of Use constitute the sole and entire agreement between you and the Company regarding the Online Platform and your use of our Platform Services. Subject to the priority of any separate agreement entered into directly between you and us, these Terms of Use supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Online Platform and your access to the Platform Services.
15.2 Severability. If any provision of these Terms of Use is held by a court, the CFTC, or any other authority of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
15.3 Governing Law; Geographic Scope. All matters relating to the Online Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Although our Platform Services are available to Marketplace Participants in a number of jurisdictions, we are based in the United States. As such, we make no claims or representations that the Platform Services are fully accessible or appropriate for visitors outside of the United States.
15.4 Attorney Fees (limited scenarios). In the event that we are required to pursue legal action against you to protect the Company’s rights under Section 4 (Ownership Matters), Section 6 (Trademarks), or Section 8 (Prohibited Uses), you fully acknowledge, understand, and agree to be responsible for all collection costs, reasonable attorney fees, court costs, and a collection fee as allowed by Utah Code § 12-1-11 or other applicable law.
15.5 ADA Compliance. As you may already know, organizations that otherwise qualify as places of public accommodation must ensure that their public-facing websites comply with the Americans with Disabilities Act (the “ADA”). Because of the subscription nature of the Company’s Platform Services and Online Platform, the Company does not represent, warrant, or otherwise promise that the Online Platform is compliant with the ADA. If you have any questions or requests concerning ADA compliance, please contact us at the information set out below.
15.6 Contact Information. For questions about these Terms of Use or the Online Platform, please contact: hello@storyincmedia.com.
15.7 Notice to California Residents. If you are a California resident visiting our Online Platform, in accordance with Cal. Civ. Code §1789.3, you may report valid complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
15.8 Individual Disputes Only. In furtherance of the unique experience available through our Online Platform, you agree that any dispute you bring shall be between you individually and the Company. To the fullest extent permitted by law, you agree that: (a) no dispute will be joined with any other; (b) there is no right or authority for any dispute to be litigated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS THE COMPANY AGREES OTHERWISE, A JUDGE OR OTHER APPLICABLE AGENCY MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
